Office of the Revisor of Statutes
Minnesota Session Laws - 2003, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 79-S.F.No. 1260
An act relating to public utilities; making changes to
the telephone assistance plan; amending Minnesota
Statutes 2002, sections 237.70, subdivisions 2, 3, 4a,
5, 6, 7; 237.701, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 237.70,
subdivision 2, is amended to read:
Subd. 2. [SCOPE.] The telephone assistance plan must be
statewide and apply to telephone companies local service
providers that provide local exchange service in Minnesota.
Sec. 2. Minnesota Statutes 2002, section 237.70,
subdivision 3, is amended to read:
Subd. 3. [FEDERAL MATCHING PLAN.] The telephone assistance
plan must contain adequate provisions to enable telephone
companies local service providers to qualify for waiver of the
federal interstate access charge and to enable eligible
subscribers to take advantage of the federal matching plan.
Sec. 3. Minnesota Statutes 2002, section 237.70,
subdivision 4a, is amended to read:
Subd. 4a. [HOUSEHOLD ELIGIBLE FOR CREDIT.] The telephone
assistance plan must provide telephone assistance credit for a
residential household in Minnesota that meets each of the
following criteria:
(1) has a household member who:
(i) subscribes to local exchange service; and
(ii) is either disabled or 65 years of age or older;
(2) whose household income is 150 percent or less of
federal poverty guidelines or is currently eligible for:
(i) the Minnesota family investment program;
(ii) medical assistance;
(iii) general assistance;
(iv) Minnesota supplemental aid;
(v) food stamps;
(vi) refugee cash assistance or refugee medical assistance;
(vii) energy assistance; or
(viii) supplemental security income; and
(3) who has been certified as eligible for telephone
assistance plan credits is eligible for the federal Lifeline
telephone service discount.
Sec. 4. Minnesota Statutes 2002, section 237.70,
subdivision 5, is amended to read:
Subd. 5. [NATURE AND EXTENT OF CREDITS.] The telephone
assistance plan may provide for telephone assistance credits to
eligible households up to the amounts available under the
federal matching plan. However, the credits available under the
telephone assistance plan may not exceed:
(1) more than 50 percent of the local exchange rate charged
for the local exchange service provided to the household by that
household's telephone company local service provider; and
(2) the level of credits that can actually be funded in
accordance with the limitations contained in subdivision 6.
Sec. 5. Minnesota Statutes 2002, section 237.70,
subdivision 6, is amended to read:
Subd. 6. [FUNDING.] The commission shall provide for the
funding of the telephone assistance plan by assessing a uniform
recurring monthly surcharge, not to exceed ten cents per access
line, applicable to all classes and grades of access lines
provided by each telephone company local service provider in the
state.
Sec. 6. Minnesota Statutes 2002, section 237.70,
subdivision 7, is amended to read:
Subd. 7. [ADMINISTRATION.] The telephone assistance plan
must be administered jointly by the commission, the department
of human services commerce, and the telephone companies local
service providers in accordance with the following guidelines:
(a) The commission and the department of human
services commerce shall develop an application form that must be
completed by the subscriber for the purpose of certifying
eligibility for telephone assistance plan credits to
the department of human services local service provider. The
application must contain the applicant's social security
number. Applicants who refuse to provide a social security
number will be denied telephone assistance plan credits. The
application form must also include provisions for the applicant
to show the name of the applicant's telephone company. The
application must also advise the applicant to submit the
required proof of age or disability, and income and must provide
examples of acceptable proof. The application must state that
failure to submit proof with the application will result in the
applicant being found ineligible a statement that the applicant
household is currently eligible for one of the programs that
confers eligibility for the federal Lifeline Program. The
application must be signed by the applicant, certifying, under
penalty of perjury, that the information provided by the
applicant is true. Each telephone company local service
provider shall annually mail a notice of the availability of the
telephone assistance plan to each residential subscriber in a
regular billing and shall mail the application form to customers
when requested.
The notice must state the following:
YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE
BILL IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED AND IF
YOU MEET CERTAIN HOUSEHOLD INCOME LIMITS RECEIVE BENEFITS FROM
CERTAIN LOW-INCOME ASSISTANCE PROGRAMS. FOR MORE INFORMATION OR
AN APPLICATION FORM PLEASE CONTACT .........
(b) The department of human services shall determine the
eligibility for telephone assistance plan credits at least
annually according to the criteria contained in subdivision 4a.
(c) An application may be made by the subscriber, the
subscriber's spouse, or a person authorized by the subscriber to
act on the subscriber's behalf. On completing the application
certifying that the statutory criteria for eligibility are
satisfied, the applicant must return the application to an
office of the department of human services specially designated
to process telephone assistance plan applications the
subscriber's local service provider. On receiving a completed
application from an applicant, the department of human services
shall determine the applicant's eligibility or ineligibility
within 120 days. If the department fails to do so, it shall
within three working days provide written notice to the
applicant's telephone company that the company subscriber's
local service provider shall provide telephone assistance plan
credits against monthly charges in the earliest possible month
following receipt of the written notice application. The
applicant must receive telephone assistance plan credits until
the earliest possible month following the company's service
provider's receipt of notice from the department information
that the applicant is ineligible.
If the department of human services determines that an
applicant is not eligible to receive telephone assistance plan
credits, it shall notify the applicant within ten working days
of that determination.
Within ten working days of determining that an applicant is
eligible to receive telephone assistance plan credits, the
department of human services shall provide written notification
to the telephone company that serves the applicant. The notice
must include the applicant's name, address, and telephone number.
Each telephone company shall provide telephone assistance
plan credits against monthly charges in the earliest possible
month following receipt of notice from the department of human
services.
By December 31 of each year, the department of human
services shall redetermine eligibility of each person receiving
telephone assistance plan credits, as required in paragraph (b).
The department of human services shall submit an annual report
to the commission by January 15 of each year showing that the
department has determined the eligibility for telephone
assistance plan credits of each person receiving the credits or
explaining why the determination has not been made and showing
how and when the determination will be completed.
If the department of human services determines that a
current recipient of telephone assistance plan credits is not
eligible to receive the credits, it shall notify, in writing,
the recipient within ten working days and the telephone company
serving the recipient within 20 working days of the
determination. The notice must include the recipient's name,
address, and telephone number.
Each telephone company shall remove telephone assistance
plan credits against monthly charges in the earliest possible
month following receipt of notice from the department of human
services.
Each telephone company that disconnects a subscriber
receiving the telephone assistance plan credit shall report the
disconnection to the department of human services. The reports
must be submitted monthly, identifying the subscribers
disconnected. Telephone companies that do not disconnect a
subscriber receiving the telephone assistance plan credit are
not required to report.
If the telephone assistance plan credit is not itemized on
the subscriber's monthly charges bill for local telephone
service, the telephone company local service provider must
notify the subscriber of the approval for the telephone
assistance plan credit.
(d) (c) The commission shall serve as the coordinator of
the telephone assistance plan and be reimbursed for its
administrative expenses from the surcharge revenue pool. As the
coordinator, the commission shall:
(1) establish a uniform statewide surcharge in accordance
with subdivision 6;
(2) establish a uniform statewide level of telephone
assistance plan credit that each telephone company local service
provider shall extend to each eligible household in its service
area;
(3) require each telephone company local service provider
to account to the commission on a periodic basis for surcharge
revenues collected by the company provider, expenses incurred by
the company provider, not to include expenses of collecting
surcharges, and credits extended by the company provider under
the telephone assistance plan;
(4) require each telephone company local service provider
to remit surcharge revenues to the department of administration
for deposit in the fund; and
(5) remit to each telephone company local service provider
from the surcharge revenue pool the amount necessary to
compensate the company provider for expenses, not including
expenses of collecting the surcharges, and telephone assistance
plan credits. When it appears that the revenue generated by the
maximum surcharge permitted under subdivision 6 will be
inadequate to fund any particular established level of telephone
assistance plan credits, the commission shall reduce the credits
to a level that can be adequately funded by the maximum
surcharge. Similarly, the commission may increase the level of
the telephone assistance plan credit that is available or reduce
the surcharge to a level and for a period of time that will
prevent an unreasonable overcollection of surcharge revenues.
(e) (d) Each telephone company local service provider shall
maintain adequate records of surcharge revenues, expenses, and
credits related to the telephone assistance plan and shall, as
part of its annual report or separately, provide the commission
and the department of commerce with a financial report of its
experience under the telephone assistance plan for the previous
year. That report must also be adequate to satisfy the
reporting requirements of the federal matching plan.
(f) (e) The department of commerce shall investigate
complaints against telephone companies local service providers
with regard to the telephone assistance plan and shall report
the results of its investigation to the commission.
Sec. 7. Minnesota Statutes 2002, section 237.701,
subdivision 1, is amended to read:
Subdivision 1. [FUND CREATED; AUTHORIZED EXPENDITURES.]
The telephone assistance fund is created as a separate account
in the state treasury to consist of amounts received by the
department of administration representing the surcharge
authorized by section 237.70, subdivision 6, and amounts earned
on the fund assets. Money in the fund may be used only for:
(1) reimbursement to telephone companies local service
providers for expenses and credits allowed in section 237.70,
subdivision 7, paragraph (d) (c), clause (5);
(2) reimbursement of the administrative expenses of the
department of human services to implement sections 237.69 to
237.71, not to exceed $314,000 annually;
(3) reimbursement of the administrative expenses of the
commission not to exceed $25,000 annually; and
(4) (3) reimbursement of the statewide indirect cost of the
commission.
Presented to the governor May 19, 2003
Signed by the governor May 22, 2003, 9:30 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes