1.1.................... moves to amend H.F. No. 2854 as follows:
1.2Page 29, after line 9, insert:
1.3 "Sec. 35. Minnesota Statutes 2013 Supplement, section 237.036, is amended to read:
1.4237.036 COIN-OPERATED OR PUBLIC PAY TELEPHONES.
1.5(a) Neither commission approval nor a commission certificate is required to:
1.6(1) site a coin-operated or public pay telephone in the state; or
1.7(2) implement changes in service, services offered, rates, or location regarding a
1.8coin-operated or public pay telephone. Registration under section
237.64 is required to
1.9own or operate a coin-operated or public pay telephone in the state.
1.10(b) This section does not change the authority of other state or local government
1.11entities to regulate aspects of coin-operated or public pay telephone ownership, location,
1.12or operation; however, an entity may not regulate aspects of these services that it did not
1.13regulate prior to May 26, 1999. The commission shall retain the authority delegated to
1.14it under federal and state law to protect the public interest with regard to coin-operated
1.15or public pay telephones.
1.16(c) Owners and operators of coin-operated or public pay telephones are exempt from
1.17sections
237.06,
237.07,
237.075,
237.09,
237.23,
237.295,
and
237.39 and the annual
1.18reporting requirement of section
237.11.
1.19(d) Owners of coin-operated or public pay telephones shall:
1.20(1) provide immediate coin-free access, to the extent technically feasible, to 911
1.21emergency service or to another approved emergency service; and
1.22(2) provide free access to the telecommunications relay service for people with
1.23communication disabilities.
1.24(e) Owners of coin-operated or public pay telephones must post at each coin-operated
1.25or public pay telephone location:
2.1(1) customer service and complaint information, including the name, address, and
2.2telephone number of the owner of the coin-operated or public pay telephone and the
2.3operator service handling calls from the coin-operated or public pay telephone; a toll-free
2.4number of the appropriate telephone company for the resolution of complaints; and the
2.5toll-free number of the public utilities commission; and
2.6(2) a toll-free number at which consumers can obtain pricing information regarding
2.7rates, charges, terms, and conditions of local and long-distance calls.
2.8 Sec. 36. Minnesota Statutes 2012, section 237.04, is amended to read:
2.9237.04 WIRE CROSSING OR PARALLELING UTILITY LINE; RULES.
2.10(a) The department
shall determine and promulgate reasonable rules covering the
2.11maintenance and operation, also the nature, location, and character of the construction to
2.12be used, where telephone, telegraph, electric light, power, or other electric wires of any
2.13kind, or any natural gas pipelines, cross, or more or less parallel the lines of any railroad,
2.14or any other similar public service corporation; and, to this end, shall formulate and from
2.15time to time, issue general rules covering each class of construction, maintenance, and
2.16operation of such telephone, telegraph, telecommunications, cable, fiber optic, electric
2.17wire, or natural gas pipeline crossing, or paralleling, under the various conditions existing;
2.18and the department, upon the complaint of any person, railroad, municipal utility,
2.19cooperative electric association, telephone company, telecommunications carrier, cable
2.20company, fiber optic carrier, or other public utility claiming to be injuriously affected or
2.21subjected to hazard by any
such crossing or paralleling
of the lines
of any railroad or other
2.22similar public service corporation, constructed or about to be constructed, shall, after a
2.23hearing, make such order and prescribe such terms and conditions for the construction,
2.24maintenance, and operation of the lines in question as may be just and reasonable.
2.25(b) The department may, upon request of any municipal utility, electric cooperative
2.26association, public utility, telephone company, telecommunications carrier, cable
2.27company, or fiber optic carrier determine the just and reasonable charge which a railroad,
2.28or owner of an abandoned railroad right-of-way, other than the state or a regional railroad
2.29authority, can prescribe for a new or existing crossing of a railroad right-of-way by any
2.30telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas line, or new
2.31or existing telephone, telegraph, telecommunications, cable, fiber optic, electric, or gas
2.32line more or less paralleling a railroad right-of-way, based on the diminution in value
2.33caused by the crossing or paralleling of the right-of-way by the telephone, telegraph,
2.34telecommunications, cable, fiber optic, electric, or gas line. This section shall not be
2.35construed to eliminate the right of a public utility, municipal utility, or electric cooperative
3.1association to have any of the foregoing issues determined pursuant to an eminent domain
3.2proceeding commenced under chapter 117. Unless the railroad, or owner of an abandoned
3.3railroad right-of-way, other than the state or a regional railroad authority, asserts in writing
3.4that the proposed crossing or paralleling is a serious threat to the safe operations of the
3.5railroad or to the current use of the railroad right-of-way, a crossing can be constructed
3.6following filing of the requested action with the department, pending review of the
3.7requested action by the department.
3.8(c) The department shall assess the cost of reviewing the requested action, and of
3.9determining a just and reasonable charge, equally among the parties.
3.10(d) For the purposes of this section, "parallel" or "paralleling" means that the
3.11relevant utility facilities run adjacent to and alongside the lines of a railroad for no more
3.12than one mile, or another distance agreed to by the parties, before the utility facilities cross
3.13the railroad lines, terminate, or exit the railroad right-of-way.
3.14 Sec. 37. Minnesota Statutes 2012, section 237.14, is amended to read:
3.15237.14 RATE FOR SERVICE TO OFFICER.
3.16A telephone company may furnish service free or at reduced rates to its officers,
3.17agents, or employees in furtherance of their employment, but it shall charge full schedule
3.18rates without discrimination for all other services.
Nothing herein shall release any
3.19telephone company from carrying out any contract now existing between it and any
3.20municipality for the furnishing of any service free or at reduced rates. Any contract for
3.21telephone service, at discriminatory rates, other than those with municipalities, shall be
3.22terminated by the company as soon as the same becomes terminable by its terms.
3.23 Sec. 38. Minnesota Statutes 2012, section 237.16, subdivision 8, is amended to read:
3.24 Subd. 8.
Rules. (a)
Before August 1, 1997, The commission shall adopt rules
3.25applicable to all telephone companies and telecommunications carriers required to obtain
3.26or having obtained a certificate for provision of telephone service using any existing
3.27federal standards as minimum standards and incorporating any additional standards
3.28or requirements necessary to ensure the provision of high-quality telephone services
3.29throughout the state. The rules must, at a minimum:
3.30(1) define procedures for competitive entry and exit;
3.31(2) require the provisions of equal access and interconnection with the company's
3.32network and other features, functions, and services which the commission considers
3.33necessary to promote fair and reasonable competition;
4.1(3) require unbundling of network services and functions to at least the level required
4.2by existing federal standards;
4.3(4) prescribe, if necessary, methods of reciprocal compensation between telephone
4.4companies;
4.5(5) provide for local telephone number portability;
4.6(6) prescribe appropriate regulatory standards for new local telephone service
4.7providers, that facilitate and support the development of competitive services;
4.8(7) protect against cross-subsidization, unfair competition, and other practices
4.9harmful to promoting fair and reasonable competition;
4.10(8) prescribe methods for the preservation of universal and affordable local
4.11telephone services;
4.12(9) prescribe standards for quality of service;
4.13(10) provide for the continued provision of local emergency telephone services
4.14under chapter 403; and
4.15(11) protect residential and commercial customers from unauthorized changes in
4.16service providers in a competitively neutral manner.
4.17(b)
Before January 1, 1998, in a separate rulemaking, The commission shall adopt
4.18separate rules regarding the issues described in paragraph (a), clauses (1) to (11), as may
4.19be appropriate to provision of competitive local telephone service in areas served by
4.20telephone companies with less than 50,000 subscribers
originally certified to provide local
4.21telephone services before January 1, 1988.
4.22 Sec. 39. Minnesota Statutes 2013 Supplement, section 237.16, subdivision 9, is
4.23amended to read:
4.24 Subd. 9.
Universal service fund. The commission shall establish and require
4.25contributions to a universal service fund, to be supported by all providers of telephone
4.26services, whether or not they are telephone companies under section
237.01, including, but
4.27not limited to, local telephone companies, independent telephone companies, cooperative
4.28telephone companies, municipal telephone companies, telecommunications carriers,
4.29radio common carriers, personal communication service providers, and cellular carriers.
4.30Services that should be considered for inclusion as universal include, at a minimum,
4.31single-party service including access, usage and touch-tone capability; line quality
4.32capable of carrying facsimile and data transmissions; equal access; emergency services
4.33number capability; statewide telecommunications relay service for people with hearing
4.34loss; and blocking of long-distance toll services. The fund must be administered and
4.35distributed in accordance with rules adopted by the commission and designed to preserve
5.1the availability of universal service throughout the state. Any state universal service fund
5.2must be coordinated with any federal universal service fund and be consistent with section
5.3254(b)(1) to (5) of the federal Telecommunications Act of 1996, Public Law 104-104.
The
5.4department shall make recommendations to the legislature by January 1, 1996, regarding a
5.5plan for contributions to and expenditures from the universal service fund. In particular,
5.6the department shall address the following issues:
5.7(1) what additional services should be included in the basic set of essential telephone
5.8services which the state should encourage in its mandate to ensure universal service;
5.9(2) whether and how expenditures from the fund should be used to ensure citizens
5.10access to local government and other public access programming; and
5.11(3) whether expenditures from the fund should be used to encourage construction
5.12of infrastructure for, and access to, advanced services, especially in high-cost areas of
5.13the state, and, if the commission determines the fund should be used for this purpose, a
5.14plan to accomplish these goals.
5.15 Sec. 40. Minnesota Statutes 2012, section 237.16, subdivision 12, is amended to read:
5.16 Subd. 12.
Extension of interexchange facility. In order to promote the
5.17development of competitive interexchange services and facilities, any interexchange
5.18facility that is owned by a certified telephone company, independent telephone company,
5.19telecommunications carrier or an affiliate and that is used to provide service to customers
5.20located in areas for which it has been previously certified to provide service may be
5.21extended to meet and interconnect with the facility of another telephone company, small
5.22telephone company, or telecommunications carrier, whether at a point inside or outside
5.23of its territories, without further proceeding, order, or determination of current or future
5.24public convenience and necessity, upon mutual consent with the other telephone company,
5.25small telephone company, or telecommunications carrier whose facilities will be met and
5.26interconnected. Written notice of the extension and interconnection must be provided to
5.27the Public Utilities Commission and Department of Public Safety within 30 days after
5.28completion. The written notice must be served on all
incumbent local exchange companies
5.29certified before January 1, 1988, in all areas where the facilities are located.
5.30 Sec. 41. Minnesota Statutes 2012, section 237.164, is amended to read:
5.31237.164 UNIVERSAL SERVICE DISCOUNT FOR SCHOOL OR LIBRARY.
5.32The commission shall establish intrastate service discounts for schools and libraries
5.33by order to the extent
and within the time frame necessary to enable schools and libraries
6.1to
begin receiving receive federally supported discounts
at the earliest date permitted by
6.2the Federal Communications Commission.
6.3 Sec. 42. Minnesota Statutes 2012, section 237.17, is amended to read:
6.4237.17 EXTENSION OF LONG-DISTANCE LINE.
6.5Any telephone company may extend its long-distance lines into or through any city
6.6of this state for the furnishing of long-distance service only, subject to
the regulation of
6.7the governing body of such city relative to the location of the poles and wires and the
6.8preservation of the safe and convenient use of such streets and alleys to the public sections
6.9237.162 and 237.163.
6.10 Sec. 43. Minnesota Statutes 2012, section 237.30, is amended to read:
6.11237.30 TELEPHONE INVESTIGATION FUND; APPROPRIATION.
6.12The sum of $25,000 is hereby appropriated out of any moneys in the state treasury
6.13not otherwise appropriated, to establish and provide a revolving fund to be known as the
6.14 A Minnesota Telephone Investigation Fund
shall exist for the use of the Department of
6.15Commerce and of the attorney general in investigations, valuations, and revaluations
6.16under section
237.295. All sums paid by the telephone companies to reimburse the
6.17department for its expenses pursuant to section
237.295 shall be credited to the revolving
6.18fund and shall be deposited in a separate bank account and not commingled with any other
6.19state funds or moneys, but any balance in excess of $25,000 in the revolving fund at the
6.20end of each fiscal year shall be paid into the state treasury and credited to the general fund.
6.21The sum of $25,000 herein appropriated and All subsequent credits to said revolving fund
6.22shall be paid upon the warrant of the commissioner of management and budget upon
6.23application of the department or of the attorney general to an aggregate amount of not
6.24more than one-half of such sums to each of them, which proportion shall be constantly
6.25maintained in all credits and withdrawals from the revolving fund.
6.26 Sec. 44. Minnesota Statutes 2012, section 237.46, is amended to read:
6.27237.46 GROSS MISDEMEANOR VIOLATION.
6.28Any telephone company
or telecommunications carrier and, if it be a corporation,
6.29the officers thereof, violating any provisions of
sections
237.01 to
237.27, this chapter
6.30 shall be guilty of a gross misdemeanor.
6.31 Sec. 45. Minnesota Statutes 2012, section 237.491, is amended to read:
7.1237.491 COMBINED PER NUMBER FEE.
7.2 Subdivision 1.
Definitions. (a) The definitions in this subdivision apply to this
7.3section.
7.4(b) "911 emergency and public safety communications program" means the program
7.5governed by chapter 403.
7.6(c) "Minnesota telephone number" means a ten-digit telephone number being used
7.7to connect to the public switched telephone network and starting with area code 218, 320,
7.8507, 612, 651, 763, or 952, or any subsequent area code assigned to this state.
7.9(d) "Service provider" means a provider doing business in this state who provides
7.10real-time, two-way voice service with a Minnesota telephone number.
7.11(e) "Telecommunications access Minnesota program" means the program governed
7.12by sections
237.50 to
237.55.
7.13(f) "Telephone assistance program" means the program governed by sections
237.69
7.14to
237.711 237.71.
7.15 Subd. 2.
Per number fee. (a)
By January 15, 2006, the commissioner of commerce
7.16shall report to the legislature and to the senate Committee on Jobs, Energy and Community
7.17Development and the house of representatives Committee on Regulated Industries,
7.18recommendations for the amount of and method for assessing a fee that would apply to
7.19each service provider based upon the number of Minnesota telephone numbers in use by
7.20current customers of the service provider. Annually, the commission shall set the fee
7.21would be set at a level calculated to generate only the amount of revenue necessary to fund:
7.22(1) the telephone assistance program and the telecommunications access Minnesota
7.23program at the levels established by the commission under sections
237.52, subdivision
7.242
, and
237.70; and
7.25(2) the 911 emergency and public safety communications program at the levels
7.26appropriated by law to the commissioner of public safety and the commissioner of
7.27management and budget for purposes of sections
403.11,
403.113,
403.27,
403.30, and
7.28403.31
for each fiscal year.
7.29(b) The recommendations must include any changes to Minnesota Statutes necessary
7.30to establish the procedures whereby each service provider, to the extent allowed under
7.31federal law, would collect and remit the fee proceeds to the commissioner of revenue. The
7.32commissioner of revenue would allocate the fee proceeds to the three funding areas in
7.33paragraph (a) and credit the allocations to the appropriate accounts.
7.34(c)
The recommendations must be designed to allow the combined per telephone
7.35number fee to be collected beginning July 1, 2006. The per access line fee used to collect
7.36revenues to support the TAP, TAM, and 911 programs remains in effect until the statutory
8.1changes necessary to implement the per telephone number fee have been enacted into
8.2law and taken effect.
8.3(d) As part of the process of developing the recommendations and preparing the
8.4report to the legislature required under paragraph (a), the commissioner of commerce
8.5must, at a minimum, consult regularly with the Departments of Public Safety, Management
8.6and Budget, and Administration, the Public Utilities Commission, service providers,
8.7the chairs and ranking minority members of the senate and house of representatives
8.8committees, subcommittees, and divisions having jurisdiction over telecommunications
8.9and public safety, and other affected parties.
8.10 Sec. 46. Minnesota Statutes 2012, section 237.69, subdivision 1, is amended to read:
8.11 Subdivision 1.
Scope. The terms used in sections
237.69 to
237.711 237.71 have
8.12the meanings given them in this section.
8.13 Sec. 47. Minnesota Statutes 2012, section 237.69, subdivision 15, is amended to read:
8.14 Subd. 15.
Income. For purposes of sections
237.69 to
237.711 237.71, "income"
8.15has the meaning given it in section
290A.03, subdivision 3.
8.16 Sec. 48. Minnesota Statutes 2012, section 237.69, subdivision 16, is amended to read:
8.17 Subd. 16.
Telephone assistance plan. "Telephone assistance plan" means the plan
8.18to be adopted by the commission and to be jointly administered by the commission, the
8.19Department of Human Services, and the telephone companies, as required by sections
8.20237.69
to
237.711 237.71.
8.21 Sec. 49. Minnesota Statutes 2012, section 237.71, is amended to read:
8.22237.71 TAP RULES.
8.23The commission shall adopt rules under the Administrative Procedure Act necessary
8.24or appropriate to
establish administer the telephone assistance plan in accordance with
8.25this chapter
so that the telephone assistance plan is effective as of January 1, 1988, or as
8.26soon after that date as Federal Communications Commission approval of the telephone
8.27assistance plan is obtained."
8.28Page 35, after line 13, insert:
8.29 "Sec. 61. Minnesota Statutes 2012, section 270B.14, subdivision 1, is amended to read:
8.30 Subdivision 1.
Disclosure to commissioner of human services. (a) On the request
8.31of the commissioner of human services, the commissioner shall disclose return information
9.1regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to
9.2the extent provided in paragraph (b) and for the purposes set forth in paragraph (c).
9.3 (b) Data that may be disclosed are limited to data relating to the identity,
9.4whereabouts, employment, income, and property of a person owing or alleged to be owing
9.5an obligation of child support.
9.6 (c) The commissioner of human services may request data only for the purposes of
9.7carrying out the child support enforcement program and to assist in the location of parents
9.8who have, or appear to have, deserted their children. Data received may be used only
9.9as set forth in section
256.978.
9.10 (d) The commissioner shall provide the records and information necessary to
9.11administer the supplemental housing allowance to the commissioner of human services.
9.12 (e) At the request of the commissioner of human services, the commissioner of
9.13revenue shall electronically match the Social Security numbers and names of participants
9.14in the telephone assistance plan operated under sections
237.69 to
237.711 237.71, with
9.15those of property tax refund filers, and determine whether each participant's household
9.16income is within the eligibility standards for the telephone assistance plan.
9.17 (f) The commissioner may provide records and information collected under sections
9.18295.50
to
295.59 to the commissioner of human services for purposes of the Medicaid
9.19Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law
9.20102-234. Upon the written agreement by the United States Department of Health and
9.21Human Services to maintain the confidentiality of the data, the commissioner may provide
9.22records and information collected under sections
295.50 to
295.59 to the Centers for
9.23Medicare and Medicaid Services section of the United States Department of Health and
9.24Human Services for purposes of meeting federal reporting requirements.
9.25 (g) The commissioner may provide records and information to the commissioner of
9.26human services as necessary to administer the early refund of refundable tax credits.
9.27 (h) The commissioner may disclose information to the commissioner of human
9.28services necessary to verify income for eligibility and premium payment under the
9.29MinnesotaCare program, under section
256L.05, subdivision 2.
9.30 (i) The commissioner may disclose information to the commissioner of human
9.31services necessary to verify whether applicants or recipients for the Minnesota family
9.32investment program, general assistance, food support, Minnesota supplemental aid
9.33program, and child care assistance have claimed refundable tax credits under chapter 290
9.34and the property tax refund under chapter 290A, and the amounts of the credits.
10.1 (j) The commissioner may disclose information to the commissioner of human
10.2services necessary to verify income for purposes of calculating parental contribution
10.3amounts under section
252.27, subdivision 2a."
10.4Page 36, line 27, after "
115C.111;" insert "
237.068; 237.16, subdivisions 10, 11,
10.5and 13; 237.18; 237.33; 237.34; 237.35; 237.36; 237.37; 237.38; 237.39; 237.40; 237.44;
10.6237.45; 237.47; 237.67; 237.711; and 237.80, subdivision 1;"
10.7Renumber the sections in sequence and correct the internal references
10.8Correct the title numbers accordingly