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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 201-H.F.No. 528 
                  An act relating to telecommunications; imposing TACIP fee on 
                  cellular telephone users; requiring that a person must 
                  be able to use a communication device to be eligible 
                  to get it; restricting eligibility for communication 
                  device for communication-impaired person in a 
                  residential care facility when the facility already 
                  provides or is required to provide comparable 
                  telephone service; amending Minnesota Statutes 1994, 
                  sections 237.52, subdivision 3; and 237.53, 
                  subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 237.52, 
        subdivision 3, is amended to read: 
           Subd. 3.  [COLLECTION.] Every telephone company providing 
        local service or communications carrier that provides service 
        capable of originating a telecommunications relay call, 
        including cellular communications and other nonwire access 
        services, in this state shall collect the charges established by 
        the commission under subdivision 2 and transfer amounts 
        collected to the commissioner of administration in the same 
        manner as provided in section 403.11, subdivision 1, paragraph 
        (c).  The commissioner of administration must deposit the 
        receipts in the fund established in subdivision 1. 
           Sec. 2.  Minnesota Statutes 1994, section 237.53, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ELIGIBILITY.] To be eligible to obtain a 
        communication device under this section, a person must be: 
           (1) at least five years of age able to benefit from and use 
        the equipment for its intended purpose; 
           (2) communication impaired; 
           (3) a resident of the state; 
           (4) a resident in a household that has a median income at 
        or below the applicable median household income in the state, 
        except a deaf and blind person applying for a telebraille unit 
        may reside in a household that has a median income no more than 
        150 percent of the applicable median household income in the 
        state; and 
           (5) a resident in a household that has telephone service or 
        that has made application for service and has been assigned a 
        telephone number; or a resident in a residential care facility, 
        such as a nursing home or group home where telephone service is 
        not included as part of overall service provision. 
           Presented to the governor May 22, 1995 
           Signed by the governor May 22, 1995, 7:28 p.m.