Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 329-H.F.No. 3125 
                  An act relating to telecommunications; authorizing 
                  periodic account statements in electronic format; 
                  changing name of telecommunications access for 
                  communication-impaired persons program to 
                  telecommunications access Minnesota program; modifying 
                  and clarifying provisions for contracting the 
                  telecommunication relay system; allowing the city of 
                  Alexandria to enter into a joint venture; amending 
                  Minnesota Statutes 2000, section 237.52, subdivision 
                  1; Minnesota Statutes 2001 Supplement, sections 
                  237.51, subdivision 1; 237.54, subdivision 2; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 237. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [237.101] [ELECTRONIC BILLING.] 
           A telephone company may provide a customer's periodic 
        account statement to the customer in electronic format in lieu 
        of paper format if the customer has authorized the electronic 
        format in writing. 
           Sec. 2.  Minnesota Statutes 2001 Supplement, section 
        237.51, subdivision 1, is amended to read: 
           Subdivision 1.  [CREATION.] The commissioner of commerce 
        shall (1) administer through interagency agreement with the 
        commissioner of human services a program to distribute 
        communication devices to eligible communication-impaired persons 
        and (2) contract with a local consumer group qualified vendor 
        that serves communication-impaired persons to create and 
        maintain a telecommunication relay service.  For purposes of 
        sections 237.51 to 237.56, the department of commerce and any 
        organization with which it contracts pursuant to this section or 
        section 237.54, subdivision 2, are not telephone companies or 
        telecommunications carriers as defined in section 237.01. 
           Sec. 3.  Minnesota Statutes 2000, section 237.52, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FUND ESTABLISHED.] A telecommunication 
        access for communication-impaired persons Minnesota fund is 
        established as an account in the state treasury.  Earnings, such 
        as interest, dividends, and any other earnings arising from fund 
        assets, must be credited to the fund. 
           Sec. 4.  Minnesota Statutes 2001 Supplement, section 
        237.54, subdivision 2, is amended to read: 
           Subd. 2.  [OPERATION.] (a) The commissioner of commerce 
        shall contract with a local consumer organization that serves 
        communication-impaired persons qualified vendor for the 
        operation and maintenance of the telecommunication relay 
        system.  The commissioner may contract with other than a local 
        consumer organization if no local consumer organization is 
        available to enter into or perform a reasonable contract or the 
        only available consumer organization fails to comply with terms 
        of a contract. 
           (b) The telecommunication relay service provider shall 
        operate the relay service within the state of Minnesota.  The 
        operator of the system shall keep all messages confidential, 
        shall train personnel in the unique needs of 
        communication-impaired people, and shall inform 
        communication-impaired persons and the public of the 
        availability and use of the system.  Except in the case of a 
        speech- or mobility-impaired person, the operator shall not 
        relay a message unless it originates or terminates through a 
        communication device for the deaf or a Brailling device for use 
        with a telephone. 
           Sec. 5.  [JOINT VENTURE AUTHORITY.] 
           (a) The city of Alexandria may enter into a joint venture 
        with Runestone Telephone Association and Runestone Electric 
        Association for the purpose of providing local niche service, 
        including internet services, and point to point transmission of 
        digital information. 
           (b) For purposes of this section, with respect to the 
        services described in paragraph (a), the city of Alexandria and 
        a joint venture to which it is a party shall have the rights and 
        authority granted by, and be subject to, Minnesota Statutes 2001 
        Supplement, section 452.25, except for the provisions of that 
        section which relate specifically and only to electric utilities.
           (c) For the purposes of this section, "local niche service" 
        refers to point-to-point connections between end-user locations 
        within a service area and any telecommunications services under 
        the public utilities commission's jurisdiction under Minnesota 
        Statutes, chapter 237 that do not fall within the definition of 
        local service or the definition of interexchange service. 
           Sec. 6.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
           Section 5 is effective as to the city of Alexandria the day 
        after the city of Alexandria's governing body and its chief 
        clerical officer timely completes their compliance with 
        Minnesota Statutes, section 645.021, subdivisions 2 and 3. 
           Presented to the governor April 4, 2002 
           Signed by the governor April 8, 2002, 2:33 p.m.