Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 282-S.F.No. 653 
                  An act relating to public safety; modifying 911 
                  emergency telecommunications provisions governing 
                  multiline telephone systems; appropriating money; 
                  amending Minnesota Statutes 2002, sections 169A.52, 
                  subdivision 7; 403.01, subdivision 6; 403.02, by 
                  adding subdivisions; 403.07, subdivision 5; proposing 
                  coding for new law in Minnesota Statutes, chapter 403. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 169A.52, 
        subdivision 7, is amended to read: 
           Subd. 7.  [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 
        behalf of the commissioner, a peace officer requiring a test or 
        directing the administration of a chemical test shall serve 
        immediate notice of intention to revoke and of revocation on a 
        person who refuses to permit a test or on a person who submits 
        to a test the results of which indicate an alcohol concentration 
        of 0.10 or more. 
           (b) On behalf of the commissioner, a peace officer 
        requiring a test or directing the administration of a chemical 
        test of a person driving, operating, or in physical control of a 
        commercial motor vehicle shall serve immediate notice of 
        intention to disqualify and of disqualification on a person who 
        refuses to permit a test, or on a person who submits to a test 
        the results of which indicate an alcohol concentration of 0.04 
        or more. 
           (c) The officer shall either: 
           (1) take the driver's license or permit, if any, invalidate 
        the person's driver's license or permit card by clipping the 
        upper corner of the card in such a way that no identifying 
        information including the photo is destroyed, and immediately 
        return the card to the person; 
           (2) issue the person a temporary license effective for only 
        seven days; and 
           (3) send it the notification of this action to the 
        commissioner along with the certificate required by subdivision 
        3 or 4, and issue a temporary license effective only for seven 
        days; or 
           (2) invalidate the driver's license or permit in such a way 
        that no identifying information is destroyed. 
           Sec. 2.  Minnesota Statutes 2002, section 403.01, 
        subdivision 6, is amended to read: 
           Subd. 6.  [MULTISTATION OR PBX SYSTEM.] Every owner and 
        operator of a multistation or private branch exchange (PBX) 
        telecommunications multiline telephone system shall design and 
        maintain the system to dial the 911 number without charge to the 
        caller. 
           Sec. 3.  Minnesota Statutes 2002, section 403.02, is 
        amended by adding a subdivision to read: 
           Subd. 22.  [CALL BACK NUMBER.] "Call back number" means a 
        number used by the public safety answering point to recontact 
        the location from which the 911 call was placed.  
           Sec. 4.  Minnesota Statutes 2002, section 403.02, is 
        amended by adding a subdivision to read: 
           Subd. 23.  [EMERGENCY LOCATION IDENTIFICATION 
        NUMBER.] "Emergency location identification number" means a 
        valid North American numbering plan format telephone number, 
        assigned to the multiline telephone system operator by the 
        appropriate authority, that is used to route the call to a 
        public safety answering point and is used to retrieve the 
        automatic location identification for the public safety 
        answering point.  
           Sec. 5.  Minnesota Statutes 2002, section 403.02, is 
        amended by adding a subdivision to read: 
           Subd. 24.  [EMERGENCY RESPONSE LOCATION.] "Emergency 
        response location" means a location to which a 911 emergency 
        response team may be dispatched.  The location must be specific 
        enough to provide a reasonable opportunity for the emergency 
        response team to locate a caller anywhere within it.  
           Sec. 6.  Minnesota Statutes 2002, section 403.02, is 
        amended by adding a subdivision to read: 
           Subd. 25.  [MULTILINE TELEPHONE SYSTEM.] "Multiline 
        telephone system" means a private telephone system comprised of 
        common control units, telephones, and control hardware and 
        software that share a common interface to the public switched 
        telephone network.  This includes network and premises-based 
        systems and systems owned or leased by governmental agencies and 
        nonprofit entities, as well as for-profit businesses.  
           Sec. 7.  Minnesota Statutes 2002, section 403.02, is 
        amended by adding a subdivision to read: 
           Subd. 26.  [SHARED RESIDENTIAL MULTILINE TELEPHONE SYSTEM 
        SERVICE.] "Shared residential multiline telephone service" means 
        the use of a multiline telephone system to provide service to 
        residential facilities.  For purposes of this subdivision, 
        "residential facilities" means both single-family and 
        multifamily facilities including extended care facilities and 
        dormitories.  
           Sec. 8.  Minnesota Statutes 2002, section 403.07, 
        subdivision 5, is amended to read: 
           Subd. 5.  [LIABILITY.] (a) A wire line 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. 
           (b) A wire line 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.  
           (c) A wire line 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. 
           (d) A multiline telephone system manufacturer, provider, or 
        operator is not liable for any civil damages or penalties as a 
        result of any act or omission, except willful or wanton 
        misconduct, in connection with developing, designing, 
        installing, maintaining, performing, provisioning, adopting, 
        operating, or implementing any plan or system required by 
        section 403.15.  
           Sec. 9.  [403.15] [MULTILINE TELEPHONE SYSTEM 911 
        REQUIREMENTS.] 
           Subdivision 1.  [MULTISTATION OR PBX SYSTEM.] Except as 
        otherwise provided in this section, every owner and operator of 
        a new multistation or private branch exchange (PBX) multiline 
        telephone system purchased after December 31, 2004, shall design 
        and maintain the system to provide a call back number and 
        emergency response location.  
           Subd. 2.  [MULTILINE TELEPHONE SYSTEM USER DIALING 
        INSTRUCTIONS.] Each multiline telephone system operator must 
        demonstrate or otherwise inform each new telephone system user 
        how to call for emergency assistance from that particular 
        multiline telephone system.  
           Subd. 3.  [SHARED RESIDENTIAL MULTILINE TELEPHONE SYSTEM.] 
        On and after January 1, 2005, operators of shared multiline 
        telephone systems, whenever installed, serving residential 
        customers shall ensure that the shared multiline telephone 
        system is connected to the public switched network and that 911 
        calls from the system result in at least one distinctive 
        automatic number identification and automatic location 
        identification for each residential unit, except those 
        requirements do not apply if the residential facility maintains 
        one of the following: 
           (1) automatic location identification for each respective 
        emergency response location; 
           (2) the ability to direct emergency responders to the 911 
        caller's location through an alternative and adequate means, 
        such as the establishment of a 24-hour private answering point; 
        or 
           (3) a connection to a switchboard operator, attendant, or 
        other designated on-site individual.  
           Subd. 4.  [HOTEL AND MOTEL MULTILINE TELEPHONE SYSTEM.] 
        Operators of hotel and motel multiline telephone systems shall 
        permit the dialing of 911 and shall ensure that 911 calls 
        originating from hotel or motel multiline telephone systems 
        allow the 911 system to clearly identify the address and 
        specific location of the 911 caller. 
           Subd. 5.  [BUSINESS MULTILINE TELEPHONE SYSTEM.] (a) An 
        operator of business multiline telephone systems connected to 
        the public switched telephone network and serving business 
        locations of one employer shall ensure that calls to 911 from 
        any telephone on the system result in one of the following: 
           (1) automatic location identification for each respective 
        emergency response location; 
           (2) an ability to direct emergency responders to the 911 
        caller's location through an alternative and adequate means, 
        such as the establishment of a 24-hour private answering point; 
        or 
           (3) a connection to a switchboard operator, attendant, or 
        other designated on-site individual.  
           (b) Except as provided in paragraph (c), providers of 
        multiline telephone systems serving multiple employers' business 
        locations shall ensure that calls to 911 from any telephone 
        result in automatic location identification for the respective 
        emergency response location of each business location sharing 
        the system.  
           (c) Only one emergency response location is required in the 
        following circumstances: 
           (1) an employer's workspace is less than 40,000 square 
        feet, located on a single floor and on a single contiguous 
        property; 
           (2) an employer's workspace is less than 7,000 square feet, 
        located on multiple floors and on a single contiguous property; 
        or 
           (3) an employer's workspace is a single public entrance, 
        single floor facility on a single contiguous property. 
           Subd. 6.  [SCHOOLS.] A multiline telephone system operated 
        by a public or private educational institution, including a 
        system serving dormitories and other residential customers, is 
        subject to this subdivision and is not subject to subdivision 
        3.  The operator of the education institution multiline system 
        connected to the public switched network must ensure that calls 
        to 911 from any telephone on the system result in one of the 
        following: 
           (1) automatic location identification for each respective 
        emergency response location; 
           (2) an ability to direct emergency responders to the 911 
        caller's location through an alternative and adequate means, 
        such as the establishment of a 24-hour private answering point; 
        or 
           (3) a connection to a switchboard operator, attendant, or 
        other designated on-site individual. 
           Subd. 7.  [EXEMPTIONS.] (a) Multiline telephone systems 
        with a single emergency response location are exempt from 
        subdivisions 1 and 3 to 6 and section 403.07, subdivision 3.  
           (b) Multiline telephone system operators that employ 
        alternative methods of enhanced 911 support are exempt from 
        subdivisions 1 and 3 to 6 and section 403.07, subdivision 3.  
           (c) A multiline telephone system operator may apply for an 
        exemption from the requirements in this section from the chief 
        officer of each public safety answering point serving that 
        jurisdiction. 
           Subd. 8.  [APPLICABILITY.] The requirements of subdivisions 
        4, 5, and 6 apply to new multiline telephone systems purchased 
        after December 31, 2004.  The requirements of subdivisions 2 and 
        3 and the exemptions in subdivision 7 apply regardless of when 
        the multiline telephone system was installed. 
           Sec. 10.  [APPROPRIATION.] 
           $3,475,000 is appropriated in fiscal year 2004 to the 
        commissioner of public safety from the state government special 
        revenue fund to be used by the commissioner for 911 emergency 
        telecommunications services under Laws 2003, First Special 
        Session chapter 1, article 1, section 29.  This is a onetime 
        appropriation. 
           Sec. 11.  [EFFECTIVE DATE.] 
           Sections 2 to 10 are effective the day following final 
        enactment. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 29, 2004, 10:25 a.m.