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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 372-S.F.No. 2392 
                  An act relating to public safety; modifying emergency 
                  911 telephone system provisions to establish emergency 
                  911 telecommunications system; amending Minnesota 
                  Statutes 2000, sections 403.01; 403.02, subdivisions 
                  3, 6, 7, by adding subdivisions; 403.05; 403.06; 
                  403.07; 403.08; 403.09; 403.10, subdivision 1; 403.11, 
                  subdivisions 3, 4, by adding subdivisions; 403.113, 
                  subdivision 1; Minnesota Statutes 2001 Supplement, 
                  section 403.11, subdivision 1; repealing Minnesota 
                  Statutes 2000, sections 403.04; 403.11, subdivision 2; 
                  403.113, subdivision 5; 403.12, subdivision 1; 403.13; 
                  403.14; Minnesota Rules, parts 1215.0400; 1215.0600; 
                  1215.0700; 1215.1200, subpart 3; 1215.1500. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 403.01, is 
        amended to read: 
           403.01 [911 EMERGENCY TELEPHONE TELECOMMUNICATIONS SYSTEM 
        REQUIRED.] 
           Subdivision 1.  [GENERAL REQUIREMENT.] Each county in the 
        metropolitan area shall establish operate and maintain a 911 
        emergency telephone telecommunications system on or before 
        December 15, 1982 and each remaining county shall establish a 
        911 emergency telephone system on or before December 15, 1986. 
           Subd. 1a.  [EMERGENCY TELEPHONE NUMBER 911.] The digits 
        911, so designated by the Federal Communications Commission, 
        must be the primary emergency telephone number within the 
        system.  A public safety agency may maintain a separate 
        secondary backup number for emergency calls and shall maintain a 
        separate number for nonemergency telephone calls. 
           Subd. 2.  [MULTIJURISDICTIONAL SYSTEM.] The 911 systems may 
        be multijurisdictional and regional in character provided that 
        design and implementation are preceded by cooperative planning 
        on a county-by-county basis with local public safety agencies. 
           Subd. 3.  [WIRELINE REQUIREMENTS.] Every owner and operator 
        of a wireline telecommunications system shall design and 
        maintain the system to dial the 911 number without charge to the 
        caller. 
           Subd. 4.  [WIRELESS REQUIREMENTS.] Every owner and operator 
        of a wireless telecommunications system shall design and 
        maintain the system to dial the 911 number without charge to the 
        caller. 
           Subd. 5.  [PAY PHONE REQUIREMENTS.] Every pay phone owner 
        and operator shall permit dialing of the 911 number without coin 
        and without charge to the caller. 
           Subd. 6.  [MULTISTATION OR PBX SYSTEM.] Every owner and 
        operator of a multistation or private branch exchange (PBX) 
        telecommunications system shall design and maintain the system 
        to dial the 911 number without charge to the caller. 
           Subd. 7.  [CONTRACTUAL REQUIREMENT.] (a) The state, 
        together with the county or other governmental agencies 
        operating public safety answering points, shall contract with 
        the appropriate wireline telecommunications service providers 
        for the operation, maintenance, enhancement, and expansion of 
        the 911 system. 
           (b) The state shall contract with the appropriate wireless 
        telecommunications service providers for maintaining, enhancing, 
        and expanding the 911 system. 
           (c) The contract language or subsequent amendments to the 
        contract must include a description of the services to be 
        furnished by wireless and wireline telecommunications service 
        providers to the county or other governmental agencies operating 
        public safety answering points, as well as compensation based on 
        the effective tariff or price list approved by the public 
        utilities commission.  The contract language or subsequent 
        amendments must include the terms of compensation based on the 
        effective tariff or price list filed with the public utilities 
        commission or the prices agreed to by the parties. 
           (d) The contract language or subsequent amendments to 
        contracts between the parties must contain a provision for 
        resolving disputes. 
           Sec. 2.  Minnesota Statutes 2000, section 403.02, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PUBLIC GOVERNMENTAL AGENCY.] "Public 
        Governmental agency" means any unit of local government or 
        special purpose district located in whole or in part within this 
        state which that provides or has authority to provide fire 
        fighting, police, ambulance, medical, or other emergency 
        services. 
           Sec. 3.  Minnesota Statutes 2000, section 403.02, 
        subdivision 6, is amended to read: 
           Subd. 6.  [MINIMUM 911 SERVICE STANDARDS.] "Minimum 911 
        service" means a telephone telecommunications service meeting 
        the design standards established pursuant to section 403.07, 
        which that automatically connects a person dialing the digits 
        911 to an established public safety answering point.  Minimum 
        911 service includes (1) equipment for connecting and 
        outswitching 911 calls within a telephone central office, 
        trunking facilities from the central office to a public safety 
        answering point; (2) equipment, as appropriate, for 
        automatically selectively routing 911 calls in situations where 
        one telephone central office serves more than one public safety 
        answering point; and (3) provision of automatic location 
        identification if the public safety answering point has the 
        capability of providing that service. 
           Sec. 4.  Minnesota Statutes 2000, section 403.02, 
        subdivision 7, is amended to read: 
           Subd. 7.  [AUTOMATIC LOCATION IDENTIFICATION.] "Automatic 
        location identification" means the process of electronically 
        identifying and displaying on a special viewing screen the name 
        of the subscriber and the address location, where available, of 
        the calling telephone number to a person answering a 911 
        emergency call. 
           Sec. 5.  Minnesota Statutes 2000, section 403.02, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [WIRELINE TELECOMMUNICATIONS SERVICE 
        PROVIDER.] "Wireline telecommunications service provider" means 
        a person, firm, association, corporation, or other legal entity, 
        however organized, or combination of them, authorized by state 
        or federal regulatory agencies to furnish telecommunications 
        service, including local service, over wireline facilities. 
           Sec. 6.  Minnesota Statutes 2000, section 403.02, is 
        amended by adding a subdivision to read: 
           Subd. 12.  [WIRELESS TELECOMMUNICATIONS SERVICE 
        PROVIDER.] "Wireless telecommunications service provider" means 
        a provider of commercial mobile radio services, as that term is 
        defined in United States Code, title 47, section 332, subsection 
        (d), including all broadband personal communications services, 
        wireless radio telephone services, geographic area specialized 
        and enhanced specialized mobile radio services, and incumbent 
        wide area specialized mobile radio licensees, that offers real 
        time, two-way voice service interconnected with the public 
        switched telephone network and that is doing business in the 
        state of Minnesota. 
           Sec. 7.  Minnesota Statutes 2000, section 403.05, is 
        amended to read: 
           403.05 [DESIGN OPERATION AND MAINTENANCE OF 911 SYSTEM, 
        GENERALLY SYSTEMS.] 
           Subdivision 1.  [OPERATE AND MAINTAIN.] Each county or any 
        other governmental agency shall design operate and maintain its 
        911 system to meet the requirements of governmental agencies 
        whose services are available through the 911 system and to 
        permit future expansion or enhancement of the system.  Each 
        county or any other governmental agency shall ensure that a 911 
        emergency call made with a wireless access device is 
        automatically connected to and answered by the appropriate 
        public safety answering point. 
           Subd. 2.  [REQUIREMENTS.] Each county or any other 
        governmental agency shall maintain and update its 911 system 
        plans as required under Minnesota Rules, chapter 1215. 
           Subd. 3.  [AGREEMENTS FOR SERVICE.] Each county and any 
        other governmental agency shall contract with the state and 
        wireline telecommunications service providers for the recurring 
        and nonrecurring costs associated with operating and maintaining 
        911 emergency communications systems. 
           Sec. 8.  Minnesota Statutes 2000, section 403.06, is 
        amended to read: 
           403.06 [911 SYSTEM PLANNING AND COORDINATION DEPARTMENT 
        DUTIES.] 
           Subdivision 1.  [DUTIES.] The department of administration 
        shall coordinate the implementation maintenance of 911 
        systems on or before the deadlines established in section 
        403.01.  The department shall aid counties in the formulation of 
        concepts, methods and procedures which will improve the 
        operation and maintenance of 911 systems.  The department shall 
        establish procedures for determining and evaluating requests for 
        variations from the established design standards.  The 
        department shall respond to requests by wireless or wireline 
        telecommunications service providers or by counties or other 
        governmental agencies for system agreements, contracts, and 
        tariff language promptly and no later than within 45 days of the 
        request unless otherwise mutually agreed to by the parties.  The 
        department shall prepare a biennial budget for maintaining the 
        911 system.  The department shall prepare an annual report to 
        the legislature detailing the expenditures for maintaining the 
        911 system, the 911 fees collected, the balance of the 911 fund, 
        and the 911-related administrative expenses of the department.  
        The department is authorized to expend funds that have been 
        appropriated to pay for the maintenance, enhancements, and 
        expansion of the 911 system. 
           Subd. 2.  [WAIVER.] Any county, other governmental agency, 
        wireless telecommunications service provider, or wireline 
        telecommunications service provider may petition the department 
        of administration for a waiver of all or portions of the 
        requirements.  A waiver may be granted upon a demonstration by 
        the petitioner that the requirement is economically infeasible. 
           Sec. 9.  Minnesota Statutes 2000, section 403.07, is 
        amended to read: 
           403.07 [STANDARDS ESTABLISHED; DATA PRIVACY.] 
           Subdivision 1.  [RULES.] The department of administration 
        shall establish and adopt in accordance with chapter 14, rules 
        for the administration of this chapter and for the development 
        of 911 systems in the state including: 
           (a) design standards for 911 systems incorporating the 
        standards adopted pursuant to subdivision 2 for the seven-county 
        metropolitan area; and 
           (b) a procedure for determining and evaluating requests for 
        variations from the established design standards. 
           Subd. 2.  [DESIGN STANDARDS.] The metropolitan council 911 
        board shall establish and adopt design standards for the 
        metropolitan area 911 system and transmit them to the department 
        of administration for incorporation into the rules adopted 
        pursuant to this section. 
           Subd. 3.  [DATABASE.] In 911 systems that have been 
        approved by the department of administration for a local 
        location identification base database, each public utility 
        providing telephone wireline telecommunications service provider 
        shall provide current customer names, service addresses, and 
        telephone numbers to each public safety answering point within 
        the 911 system and shall update the information according to a 
        schedule prescribed by the county 911 plan. Information provided 
        under this subdivision must be provided in accordance with the 
        transactional record disclosure requirements of the federal 
        Electronic Communications Privacy Act of 1986, United States 
        Code, title 18, section 2703, subsection (c), paragraph (1), 
        clause (B)(iv).  
           Subd. 4.  [USE OF FURNISHED INFORMATION.] Names, addresses, 
        and telephone numbers provided to a 911 system under subdivision 
        3 are private data and may be used only for identifying the 
        location or identity, or both, of a person calling a 911 public 
        safety answering point.  The information furnished under 
        subdivision 3 may not be used or disclosed by 911 system 
        agencies, their agents, or their employees for any other purpose 
        except under a court order.  
           Subd. 5.  [LIABILITY.] A wireline telecommunications 
        service provider, its employees, or its agents are not liable to 
        any person who uses enhanced 911 telecommunications service for 
        release of subscriber information required under this chapter to 
        any public safety answering point.  A telephone company 
        or wireline telecommunications service provider is not liable to 
        any person for the good faith release to emergency 
        communications personnel of information not in the public 
        record, including, but not limited to, nonpublished or nonlisted 
        telephone numbers.  A wireline telecommunications service 
        provider, its employees, or its agents are not liable to any 
        person for civil damages resulting from or caused by any act or 
        omission in the development, design, installation, operation, 
        maintenance, performance, or provision of enhanced 911 
        telecommunications service, except for willful or wanton 
        misconduct. 
           Sec. 10.  Minnesota Statutes 2000, section 403.08, is 
        amended to read: 
           403.08 [911 SYSTEM PLANS SUBMITTED; CHANGE; WAIVER WIRELESS 
        TELECOMMUNICATIONS SERVICE PROVIDER.] 
           Subdivision 1.  [TENTATIVE PLAN.] (a) Before December 15, 
        1978, each county shall submit tentative plans for the 
        establishment of a 911 system to the public utility or utilities 
        providing public telephone service within the county, to the 
        department of administration and to the public utilities 
        commission. 
           (b) The department of administration shall review the plan 
        for consistency with the standards adopted pursuant to section 
        403.07 and report its findings to the county within six months 
        of receipt of the plan. 
           (c) The public utilities commission shall review the plan 
        and comment to the county within six months of the receipt of 
        the plan. 
           (d) Each public utility providing telephone service within 
        the county shall review the plan and transmit to the county good 
        faith estimates of local system implementation expenses within 
        six months of the receipt of the plan. 
           Subd. 2.  [FINAL PLAN.] (a) Before December 15, 1979, each 
        county shall submit final plans for the establishment of a 911 
        system to the public utility or utilities providing public 
        telephone service within the county, to the department of 
        administration and to the public utilities commission.  The 
        final plan shall include a description of all capital and 
        recurring costs for the proposed 911 system. 
           (b) The department of administration shall review the final 
        plan for consistency with the standards adopted pursuant to 
        section 403.07 and approve or disapprove the plan within six 
        months of receipt. 
           (c) The public utilities commission shall review the final 
        plan and determine that portion of plan implementation capital 
        costs which may be applied to the utility company rate base and 
        report findings to the county within six months of receipt of 
        the plan. 
           Subd. 3.  [IMPLEMENTATION CONTRACT.] After department of 
        administration approval of design and public utilities 
        commission report of findings, each county, together with the 
        department of administration and the local governmental units or 
        public agencies operating public safety answering points, shall 
        contract with the appropriate public utility or utilities for 
        the implementation of the approved 911 system plan. 
           Subd. 4.  [EXCEPTION.] Each county implementing a 911 
        system before December 15, 1978, shall submit to the department 
        of administration and the public utilities commission in lieu of 
        the required plan a report describing the system and stating its 
        operational date. 
           Subd. 5.  [SYSTEM CHANGE AFTER DECEMBER 14, 1978.] Any 
        subsequent changes to 911 systems described in subdivision 4 
        shall conform to standards established by the department of 
        administration pursuant to section 403.07. 
           Subd. 6.  [WAIVER.] After adoption of final 911 system 
        plans, any county or utility may petition the department of 
        administration for a waiver of all or portions of the 
        requirements or time limits of sections 403.01 to 403.08.  
        Waivers shall be granted upon a demonstration by petitioner that 
        the requirement is economically infeasible in the sense that 
        federal or state funding for the initial capital investment 
        required of the county to implement a 911 system is not 
        available. 
           Subd. 7.  [CELLULAR OR OTHER NONWIRE PROVIDER DUTIES.] (a) 
        Each cellular and other wireless access telecommunications 
        service provider shall cooperate in planning and implementing 
        integration with enhanced 911 systems operating in their service 
        territories to meet Federal Communications Commission-enhanced 
        911 standards.  By August 1, 1997, each 911 emergency telephone 
        telecommunications service provider operating enhanced 911 
        systems, in cooperation with each involved cellular or other 
        wireless access telecommunications service provider, shall 
        develop and provide to the commissioner good-faith estimates of 
        installation and recurring expenses to integrate 
        cellular wireless 911 service into the enhanced 911 networks to 
        meet Federal Communications Commission phase one wireless 
        enhanced 911 standards.  The commissioner shall coordinate with 
        counties and affected public safety agency representatives in 
        developing a statewide design and plan for implementation.  
           (b) Subd. 8.  [SCHEDULE.] Planning shall be completed by 
        October 1, 1997, for the metropolitan area and shall be 
        completed by December 1, 1997, for the areas outside of the 
        metropolitan area.  
           (c) Subd. 9.  [SCOPE.] Planning considerations must include 
        cost, degree of integration into existing 911 systems, the 
        retention of existing 911 infrastructure, and the potential 
        implications of phase 2 of the Federal Communications Commission 
        wireless enhanced 911 standards.  
           (d) Subd. 10.  [PLAN INTEGRATION.] Counties shall 
        incorporate the statewide design when modifying county 911 plans 
        to provide for integrating wireless 911 service into existing 
        county 911 systems.  The commissioner shall contract with the 
        involved wireless service providers and 911 service providers to 
        integrate cellular and other wireless services into existing 911 
        systems where feasible. 
           Subd. 11.  [LIABILITY.] No wireless enhanced 911 emergency 
        telecommunications service provider, its employees, or its 
        agents are liable to any person for civil damages resulting from 
        or caused by any act or omission in the development, design, 
        installation, operation, maintenance, performance, or provision 
        of enhanced 911 wireless service, except for willful or wanton 
        misconduct.  No wireless carrier, its employees, or its agents 
        are liable to any person who uses enhanced 911 wireless service 
        for release of subscriber information required under this 
        chapter to any public safety answering point. 
           Subd. 12.  [NOTIFICATION OF SUBSCRIBER.] A provider of 
        wireless telecommunications services shall notify its 
        subscribers at the time of initial subscription and four times 
        per year thereafter that a 911 emergency call made from a 
        wireless telephone is not always answered by a local public 
        safety answering point but may be routed to a state patrol 
        dispatcher and that, accordingly, the caller must provide 
        specific information regarding the caller's location.  
           Sec. 11.  Minnesota Statutes 2000, section 403.09, is 
        amended to read: 
           403.09 [ENFORCEMENT.] 
           Subdivision 1.  [DEPARTMENT AUTHORITY.] At the request of 
        the department of administration, the attorney general may 
        commence proceedings in the district court against any person or 
        public or private body to enforce the provisions of this chapter.
           Subd. 2.  [PUBLIC UTILITIES COMMISSION AUTHORITY.] At the 
        request of the public utilities commission, the attorney general 
        may commence proceedings before the district court pursuant to 
        section 237.27, against any public utility providing 
        telephone wireline telecommunications service which provider 
        that refuses to comply with this chapter. 
           Subd. 3.  [DISPUTE RESOLUTION.] Disputes between parties 
        must be resolved pursuant to section 403.01, subdivision 7, 
        paragraph (d). 
           Sec. 12.  Minnesota Statutes 2000, section 403.10, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORITY.] In counties implementing 911 
        systems pursuant to sections 403.01 to 403.08, All public 
        agencies and counties which that are part of different 911 
        systems but share common boundary lines may enter into 
        cooperative agreements which shall to provide that once an 
        emergency unit is dispatched in response to a request through 
        the system, the unit shall render its services to the requesting 
        party without regard to jurisdictional boundaries. 
           Sec. 13.  Minnesota Statutes 2001 Supplement, section 
        403.11, subdivision 1, is amended to read: 
           Subdivision 1.  [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 
        customer of a telephone company or communications carrier that 
        provides wireless or wireline telecommunications service 
        provider that furnishes service capable of originating a 911 
        emergency telephone call is assessed a fee to cover the costs of 
        ongoing maintenance and related improvements for trunking and 
        central office switching equipment for minimum 911 emergency 
        telephone telecommunications service, plus administrative and 
        staffing costs of the department of administration related to 
        managing the 911 emergency telephone telecommunications service 
        program.  Recurring charges by a public utility providing 
        telephone service wireline telecommunications service provider 
        for updating the information required by section 403.07, 
        subdivision 3, must be paid by the commissioner of 
        administration if the utility wireline telecommunications 
        service provider is included in an approved 911 plan and the 
        charges have been certified and approved under subdivision 3 are 
        made pursuant to tariff, price list, or contract.  The 
        commissioner of administration shall transfer an amount equal to 
        two cents a month from the fee assessed under this section 
        on cellular and other nonwire access wireless telecommunications 
        services to the commissioner of public safety for the purpose of 
        offsetting the costs, including administrative and staffing 
        costs, incurred by the state patrol division of the department 
        of public safety in handling 911 emergency calls made 
        from cellular wireless phones.  
           (b) Money remaining in the 911 emergency telephone 
        telecommunications service account after all other obligations 
        are paid must not cancel and is carried forward to subsequent 
        years and may be appropriated from time to time to the 
        commissioner of administration to provide financial assistance 
        to counties for the improvement of local emergency 
        telephone telecommunications services.  The improvements may 
        include providing access to minimum 911 service for telephone 
        telecommunications service subscribers currently without access 
        and upgrading existing 911 service to include automatic number 
        identification, local location identification, automatic 
        location identification, and other improvements specified in 
        revised county 911 plans approved by the department. 
           (b) (c) The fee is 27 cents a month for each customer 
        access line or other basic access service, including trunk 
        equivalents as designated by the public utilities commission for 
        access charge purposes and including cellular and other nonwire 
        access wireless telecommunications services.  The fee must be 
        the same for all customers.  
           (c) (d) The fee must be collected by each company or 
        carrier providing service wireless or wireline 
        telecommunications service provider subject to the fee.  Fees 
        are payable to and must be submitted to the commissioner of 
        administration monthly before the 25th of each month following 
        the month of collection, except that fees may be submitted 
        quarterly if less than $250 a month is due, or annually if less 
        than $25 a month is due.  Receipts must be deposited in the 
        state treasury and credited to a 911 emergency telephone 
        telecommunications service account in the special revenue fund.  
        The money in the account may only be used for 911 
        telephone telecommunications services as provided in paragraph 
        (a).  
           (d) (e) This subdivision does not apply to customers of a 
        telecommunications carrier as defined in section 237.01, 
        subdivision 6 interexchange carriers. 
           (f) The installation and recurring charges for integrating 
        wireless 911 calls into enhanced 911 systems must be paid by the 
        commissioner if the 911 service provider is included in the 
        statewide design plan and the charges are made pursuant to 
        tariff, price list, or contract. 
           Sec. 14.  Minnesota Statutes 2000, section 403.11, 
        subdivision 3, is amended to read: 
           Subd. 3.  [METHOD OF PAYMENT; CERTIFICATION.] A public 
        utility (a) Any wireless or wireline telecommunications service 
        provider incurring reimbursable costs under subdivision 1 or 2 
        shall certify those costs submit an invoice itemizing rate 
        elements by county or service area to the commissioner of 
        administration.  The certification shall be in a form as 
        prescribed by the commissioner after consultation with the 
        public utilities commission.  If the commissioner and the 
        commission approve the certified costs as appropriate and 
        accurate, for 911 services furnished under tariff, price list, 
        or contract.  Any wireless or wireline telecommunications 
        service provider is eligible to receive payment for 911 services 
        rendered according to the terms and conditions specified in the 
        contract.  Competitive local exchange carriers holding 
        certificates of authority from the public utilities commission 
        are eligible to receive payment for recurring 911 services 
        provided after July 1, 2001.  The commissioner shall pay 
        the certified costs from money appropriated for that 
        purpose invoice within 90 30 days following receipt by the 
        commissioner of the certified costs of the invoice unless the 
        commissioner notifies the service provider that the commissioner 
        disputes the invoice.  
           (b) The commissioner of administration shall estimate the 
        amount required to reimburse public utilities wireless and 
        wireline telecommunications service providers for the state's 
        obligations under subdivisions subdivision 1 and 2 and the 
        governor shall include the estimated amount in the biennial 
        budget request.  
           Sec. 15.  Minnesota Statutes 2000, section 403.11, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [TIMELY CERTIFICATION.] A certification must be 
        submitted to the commissioner of administration no later than 
        two years after commencing a new or additional eligible 911 
        service.  Any wireless or wireline telecommunications service 
        provider incurring reimbursable costs under this section at any 
        time before the effective date of section 14 may certify those 
        costs for payment to the commissioner of administration 
        according to this section for a period of 90 days after the 
        effective date of section 14.  During this period, the 
        commissioner of administration shall reimburse any wireless or 
        wireline telecommunications service provider for approved, 
        certified costs without regard to any contrary provision of this 
        subdivision. 
           Sec. 16.  Minnesota Statutes 2000, section 403.11, is 
        amended by adding a subdivision to read: 
           Subd. 3b.  [CERTIFICATION.] All wireless and wireline 
        telecommunications service providers shall submit a 
        self-certification form signed by an officer of the company to 
        the department with invoices for payment of an initial or 
        changed service described in the service provider's 911 
        contract.  The self-certification shall affirm that the 911 
        service contracted for is being provided and the costs invoiced 
        for the service are true and correct.  All certifications are 
        subject to verification and audit. 
           Sec. 17.  Minnesota Statutes 2000, section 403.11, is 
        amended by adding a subdivision to read: 
           Subd. 3c.  [AUDIT.] If the commissioner of administration 
        determines that an audit is necessary to document the 
        certification described in subdivision 3b, the wireless or 
        wireline telecommunications service provider must contract with 
        an independent certified public accountant to conduct the 
        audit.  The audit must be conducted according to generally 
        accepted accounting principles.  The wireless or wireline 
        telecommunications service provider is responsible for any costs 
        associated with the audit. 
           Sec. 18.  Minnesota Statutes 2000, section 403.11, 
        subdivision 4, is amended to read: 
           Subd. 4.  [LOCAL RECURRING COSTS.] Recurring costs of 
        telephone communications telecommunications equipment and 
        services at public safety answering points shall must be borne 
        by the local governmental unit agency operating the public 
        safety answering point or allocated pursuant to section 403.10, 
        subdivision 3.  Costs attributable to local government electives 
        for services beyond minimum 911 service not otherwise addressed 
        under section 403.11 or 403.113 shall must be borne by the 
        governmental unit agency requesting the elective service. 
           Sec. 19.  Minnesota Statutes 2000, section 403.11, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [TARIFF NOTIFICATION.] Wireline 
        telecommunications service providers or wireless 
        telecommunications service providers holding eligible 
        telecommunications carrier status shall give notice to the 
        department of administration and any other affected governmental 
        agency of tariff or price list changes related to 911 service at 
        the same time that the filing is made with the public utilities 
        commission. 
           Sec. 20.  Minnesota Statutes 2000, section 403.113, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FEE.] (a) In addition to the actual fee 
        assessed under section 403.11, Each customer receiving local 
        telephone service, including cellular or other nonwire service, 
        from a wireless or wireline telecommunications service provider 
        is assessed a fee to fund implementation and, operation, 
        maintenance, enhancement, and expansion of enhanced 911 service, 
        including acquisition of necessary equipment and the costs of 
        the commissioner to administer the program.  The enhanced fee 
        collected from cellular or other nonwire service customers must 
        be collected effective in July 1997 billings.  The actual fee 
        assessed under section 403.11 and the enhanced 911 service fee 
        must be collected as one amount and may not exceed the amount 
        specified in section 403.11, subdivision 1, paragraph (b). 
           (b) The enhanced 911 service fee must be collected and 
        deposited in the same manner as the fee in section 403.11 and 
        used solely for the purposes of paragraph (a) and subdivision 3. 
           (c) The commissioner of the department of administration, 
        in consultation with counties and 911 system users, shall 
        determine the amount of the enhanced 911 service fee and 
        inform telephone companies or communications carriers wireless 
        and wireline telecommunications service providers that provide 
        service capable of originating a 911 emergency telephone call of 
        the total amount of the 911 service fees in the same manner as 
        provided in section 403.11. 
           Sec. 21.  [REPEALER.] 
           (a) Minnesota Statutes 2000, sections 403.04; 403.113, 
        subdivision 5; 403.12, subdivision 1; 403.13; and 403.14, are 
        repealed.  Section 403.11, subdivision 2, is repealed effective 
        January 1, 2003.  
           (b) Minnesota Rules, parts 1215.0400; 1215.0600; 1215.0700; 
        1215.1200, subpart 3; and 1215.1500, are repealed. 
           Sec. 22.  [EFFECTIVE DATES.] 
           Sections 1 to 13 and 15 to 21 are effective the day 
        following final enactment.  Section 14 is effective January 1, 
        2003. 
           Presented to the governor May 14, 2002 
           Signed by the governor May 17, 2002, 10:35 a.m.