2001 Minnesota Statutes

     237.52 TACIP fund. 

    Subdivision 1.    Fund established.  A telecommunication 
 access for communication-impaired persons 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. 

    Subd. 2.    Assessment.  The commissioner of commerce 
 shall annually recommend to the commission an adequate and 
 appropriate surcharge and budget to implement sections 237.50 to 
 237.56.  The public utilities commission shall review the budget 
 for reasonableness and may modify the budget to the extent it is 
 unreasonable.  The commission shall annually determine the 
 funding mechanism to be used within 60 days of receipt of the 
 recommendation of the department and shall order the imposition 
 of surcharges effective on the earliest practicable date.  The 
 commission shall establish a monthly charge no greater than 20 
 cents for each customer access line, including trunk equivalents 
 as designated by the commission pursuant to section 403.11, 
 subdivision 1. 

    Subd. 3.    Collection.  Every telephone company 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. 

    Subd. 4.    Appropriation.  Money in the fund is 
 appropriated to the commissioner of commerce to implement 
 sections 237.51 to 237.56. 

    Subd. 5.    Expenditures.  (a) Money in the fund may 
 only be used for: 

    (1) expenses of the department of commerce, including 
 personnel cost, public relations, advisory board members' 
 expenses, preparation of reports, and other reasonable expenses 
 not to exceed ten percent of total program expenditures; 

    (2) reimbursing the commissioner of human services for 
 purchases made or services provided pursuant to section 237.53; 

    (3) reimbursing telephone companies for purchases made or 
 services provided under section 237.53, subdivision 5; and 

    (4) contracting for establishment and operation of the 
 telecommunication relay service required by section 237.54. 

    (b) All costs directly associated with the establishment of 
 the program, the purchase and distribution of communication 
 devices, and the establishment and operation of the 
 telecommunication relay service are either reimbursable or 
 directly payable from the fund after authorization by the 
 commissioner of commerce.  The commissioner of commerce shall 
 contract with the message relay service operator to indemnify 
 the local exchange carriers of the relay service for any fines 
 imposed by the Federal Communications Commission related to the 
 failure of the relay service to comply with federal service 
 standards.  Notwithstanding section 16A.41, the commissioner may 
 advance money to the contractor of the telecommunication relay 
 service if the contractor establishes to the commissioner's 
 satisfaction that the advance payment is necessary for the 
 operation of the service.  The advance payment may be used only 
 for working capital reserve for the operation of the service.  
 The advance payment must be offset or repaid by the end of the 
 contract fiscal year together with interest accrued from the 
 date of payment.  

    HIST: 1987 c 308 s 3,8; 1988 c 621 s 4; 1992 c 518 s 2; 1993 c 
 272 s 12,13,17; 1995 c 190 s 5-7; 1995 c 201 s 1; 1Sp2001 c 4 
 art 6 s 63-65