| 1 | 1 | | 1.1 A bill for an act |
|---|
| 2 | 2 | | 1.2 relating to public safety; establishing the public safety radio and crime victims |
|---|
| 3 | 3 | | 1.3 account; requiring a report; appropriating money; amending Minnesota Statutes |
|---|
| 4 | 4 | | 1.4 2024, sections 403.11, subdivisions 1, 1a; 403.113, subdivision 1; 403.161, |
|---|
| 5 | 5 | | 1.5 subdivisions 1, 3, 5, 6; 403.162, subdivisions 1, 5; proposing coding for new law |
|---|
| 6 | 6 | | 1.6 in Minnesota Statutes, chapter 403. |
|---|
| 7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
|---|
| 8 | 8 | | 1.8 Section 1. Minnesota Statutes 2024, section 403.11, subdivision 1, is amended to read: |
|---|
| 9 | 9 | | 1.9 Subdivision 1.Emergency telecommunications service fee; account.(a) Each customer |
|---|
| 10 | 10 | | 1.10of a wireless or wire-line switched or packet-based telecommunications service provider |
|---|
| 11 | 11 | | 1.11connected to the public switched telephone network that furnishes service capable of |
|---|
| 12 | 12 | | 1.12originating a 911 emergency telephone call is assessed a fee based upon the number of |
|---|
| 13 | 13 | | 1.13wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing |
|---|
| 14 | 14 | | 1.14maintenance and related improvements for trunking and central office switching equipment |
|---|
| 15 | 15 | | 1.15for 911 emergency telecommunications service, to offset administrative and staffing costs |
|---|
| 16 | 16 | | 1.16of the commissioner related to managing the 911 emergency telecommunications service |
|---|
| 17 | 17 | | 1.17program, to make distributions provided for in section 403.113, and to offset the costs, |
|---|
| 18 | 18 | | 1.18including administrative and staffing costs, incurred by the State Patrol Division of the |
|---|
| 19 | 19 | | 1.19Department of Public Safety in handling 911 emergency calls made from wireless phones. |
|---|
| 20 | 20 | | 1.20 (b) Each customer of a wireless or wire-line switched or packet-based telecommunications |
|---|
| 21 | 21 | | 1.21service provider connected to the public switched telephone network that furnishes service |
|---|
| 22 | 22 | | 1.22capable of originating a 911 emergency telephone call is assessed a fee based upon the |
|---|
| 23 | 23 | | 1.23number of wired or wireless telephone lines, or their equivalent, to cover: |
|---|
| 24 | 24 | | 1Section 1. |
|---|
| 25 | 25 | | REVISOR KRB/ES 25-0549504/15/25 |
|---|
| 26 | 26 | | State of Minnesota |
|---|
| 27 | 27 | | This Document can be made available |
|---|
| 28 | 28 | | in alternative formats upon request |
|---|
| 29 | 29 | | HOUSE OF REPRESENTATIVES |
|---|
| 30 | 30 | | H. F. No. 3230 |
|---|
| 31 | 31 | | NINETY-FOURTH SESSION |
|---|
| 32 | 32 | | Authored by Moller04/23/2025 |
|---|
| 33 | 33 | | The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1 (1) the costs of portable radios, mobile radios, and related equipment that is interoperable |
|---|
| 34 | 34 | | 2.2with the statewide Allied Radio Matrix for Emergency Response (ARMER) public safety |
|---|
| 35 | 35 | | 2.3radio communication system established under section 403.36, subdivision 1e; and |
|---|
| 36 | 36 | | 2.4 (2) grants to crime victim service providers. |
|---|
| 37 | 37 | | 2.5 (b) (c) Money remaining in the 911 emergency telecommunications service account |
|---|
| 38 | 38 | | 2.6after all other obligations are paid must not cancel and is carried forward to subsequent |
|---|
| 39 | 39 | | 2.7years and may be appropriated from time to time to the commissioner to provide financial |
|---|
| 40 | 40 | | 2.8assistance to counties for the improvement of local emergency telecommunications services. |
|---|
| 41 | 41 | | 2.9 (c) (d) The fee imposed pursuant to paragraph (a) may not be more than 95 cents a month |
|---|
| 42 | 42 | | 2.10for each customer access line or other basic access service, including trunk equivalents as |
|---|
| 43 | 43 | | 2.11designated by the Public Utilities Commission for access charge purposes and including |
|---|
| 44 | 44 | | 2.12wireless telecommunications services. With the approval of the commissioner of management |
|---|
| 45 | 45 | | 2.13and budget, the commissioner of public safety shall must establish the amount of the fee |
|---|
| 46 | 46 | | 2.14within the limits specified and inform the companies and carriers of the amount to be |
|---|
| 47 | 47 | | 2.15collected. When the revenue bonds authorized under section 403.27, subdivision 1, have |
|---|
| 48 | 48 | | 2.16been fully paid or defeased, the commissioner shall must reduce the fee to reflect that debt |
|---|
| 49 | 49 | | 2.17service on the bonds is no longer needed. The commissioner shall must provide companies |
|---|
| 50 | 50 | | 2.18and carriers a minimum of 45 days' notice of each fee change. The fee must be the same |
|---|
| 51 | 51 | | 2.19for all customers, except that the fee imposed under this subdivision does not apply to |
|---|
| 52 | 52 | | 2.20prepaid wireless telecommunications service, which is instead subject to the fee imposed |
|---|
| 53 | 53 | | 2.21under section 403.161, subdivision 1, paragraph (a). |
|---|
| 54 | 54 | | 2.22 (e) The fee imposed pursuant to paragraph (b) must be 50 cents a month for each customer |
|---|
| 55 | 55 | | 2.23access line or other basic access service, including trunk equivalents as designated by the |
|---|
| 56 | 56 | | 2.24Public Utilities Commission for access charge purposes and wireless telecommunications |
|---|
| 57 | 57 | | 2.25services. This fee does not apply to prepaid wireless telecommunications service, which is |
|---|
| 58 | 58 | | 2.26instead subject to the fee imposed under section 403.161, subdivision 1, paragraph (b). |
|---|
| 59 | 59 | | 2.27 (d) The fee (f) Fees must be collected by each wireless or wire-line telecommunications |
|---|
| 60 | 60 | | 2.28service provider subject to the fee fees. Fees are payable to and must be submitted to the |
|---|
| 61 | 61 | | 2.29commissioner monthly before the 25th of each month following the month of collection, |
|---|
| 62 | 62 | | 2.30except that fees may be submitted quarterly if less than $250 a month is due, or annually if |
|---|
| 63 | 63 | | 2.31less than $25 a month is due. Receipts collected pursuant to paragraph (a) must be deposited |
|---|
| 64 | 64 | | 2.32in the state treasury and credited to a 911 emergency telecommunications service account |
|---|
| 65 | 65 | | 2.33in the special revenue fund. The money in the account may only be used for 911 |
|---|
| 66 | 66 | | 2.34telecommunications services. Receipts collected pursuant to paragraph (b) must be deposited |
|---|
| 67 | 67 | | 2Section 1. |
|---|
| 68 | 68 | | REVISOR KRB/ES 25-0549504/15/25 3.1in the state treasury and credited to the public safety radio and crime victims account in the |
|---|
| 69 | 69 | | 3.2special revenue fund. |
|---|
| 70 | 70 | | 3.3 (e) (g) Competitive local exchanges carriers holding certificates of authority from the |
|---|
| 71 | 71 | | 3.4Public Utilities Commission are eligible to receive payment for recurring 911 services. |
|---|
| 72 | 72 | | 3.5 Sec. 2. Minnesota Statutes 2024, section 403.11, subdivision 1a, is amended to read: |
|---|
| 73 | 73 | | 3.6 Subd. 1a.Fee collection declaration.If the commissioner disputes the accuracy of a |
|---|
| 74 | 74 | | 3.7fee submission or if no fees are submitted by a wireless, wire-line, or packet-based |
|---|
| 75 | 75 | | 3.8telecommunications service provider, the wireless, wire-line, or packet-based |
|---|
| 76 | 76 | | 3.9telecommunications service provider shall must submit a sworn declaration signed by an |
|---|
| 77 | 77 | | 3.10officer of the company certifying, under penalty of perjury, that the information provided |
|---|
| 78 | 78 | | 3.11with the fee submission is true and correct. The sworn declaration must specifically describe |
|---|
| 79 | 79 | | 3.12and affirm that the computation of the 911 fee computation, the public safety radio and |
|---|
| 80 | 80 | | 3.13crime victims fee, or both fees is complete and accurate. When a wireless, wire-line, or |
|---|
| 81 | 81 | | 3.14packet-based telecommunications service provider fails to provide a sworn declaration |
|---|
| 82 | 82 | | 3.15within 90 days of notice by the commissioner that the fee submission is disputed, the |
|---|
| 83 | 83 | | 3.16commissioner may estimate the amount due from the wireless, wire-line, or packet-based |
|---|
| 84 | 84 | | 3.17telecommunications service provider and refer that amount for collection under section |
|---|
| 85 | 85 | | 3.1816D.04. |
|---|
| 86 | 86 | | 3.19 Sec. 3. [403.111] PUBLIC SAFETY RADIO AND CRIME VICTIMS ACCOUNT. |
|---|
| 87 | 87 | | 3.20 Subdivision 1.Account established.The public safety radio and crime victims account |
|---|
| 88 | 88 | | 3.21is established in the special revenue fund. |
|---|
| 89 | 89 | | 3.22 Subd. 2.Source of funds.The account consists of money deposited in the account from |
|---|
| 90 | 90 | | 3.23the fee imposed under section 403.11, subdivision 1, paragraph (e), and any interest or |
|---|
| 91 | 91 | | 3.24earnings of the account. |
|---|
| 92 | 92 | | 3.25 Subd. 3.Appropriation; statewide public safety radio communication system |
|---|
| 93 | 93 | | 3.26equipment and crime victims grants.(a) One-half of the money in the public safety radio |
|---|
| 94 | 94 | | 3.27and crime victims account in the special revenue fund is appropriated to the commissioner |
|---|
| 95 | 95 | | 3.28for grants to local government units, federally recognized Tribal entities, and state agencies |
|---|
| 96 | 96 | | 3.29participating in the statewide Allied Radio Matrix for Emergency Response (ARMER) |
|---|
| 97 | 97 | | 3.30public safety radio communication system established under section 403.36, subdivision |
|---|
| 98 | 98 | | 3.311e. The grants must be used to purchase or upgrade portable radios, mobile radios, and |
|---|
| 99 | 99 | | 3.32related equipment that is interoperable with the ARMER system. Each local government |
|---|
| 100 | 100 | | 3.33unit may receive only one grant. The grant for nonstate agencies is contingent upon a match |
|---|
| 101 | 101 | | 3Sec. 3. |
|---|
| 102 | 102 | | REVISOR KRB/ES 25-0549504/15/25 4.1of at least five percent from nonstate funds. The director of the Department of Public Safety |
|---|
| 103 | 103 | | 4.2Emergency Communication Networks Division, in consultation with the Statewide |
|---|
| 104 | 104 | | 4.3Emergency Communications Board, must administer the grant program. Notwithstanding |
|---|
| 105 | 105 | | 4.4section 16B.98, subdivision 14, up to two percent of the appropriation is available for grant |
|---|
| 106 | 106 | | 4.5administration. |
|---|
| 107 | 107 | | 4.6 (b) One-half of the money in the public safety radio and crime victims account in the |
|---|
| 108 | 108 | | 4.7special revenue fund is appropriated to the commissioner to provide grants to crime victim |
|---|
| 109 | 109 | | 4.8service providers. Grants must be used for direct services and advocacy for victims of sexual |
|---|
| 110 | 110 | | 4.9assault, general crime, domestic violence, and child abuse. Funding must support the direct |
|---|
| 111 | 111 | | 4.10needs of organizations serving victims of crime and may provide: direct client assistance |
|---|
| 112 | 112 | | 4.11to crime victims; competitive wages for direct service staff; hotel stays and other |
|---|
| 113 | 113 | | 4.12housing-related supports and services; culturally responsive programming; prevention |
|---|
| 114 | 114 | | 4.13programming, including domestic abuse transformation and restorative justice programming; |
|---|
| 115 | 115 | | 4.14and for other needs of organizations and crime victim survivors. Services funded must |
|---|
| 116 | 116 | | 4.15include services for victims of crime in underserved communities most impacted by violence |
|---|
| 117 | 117 | | 4.16and reflect the ethnic, racial, economic, cultural, and geographic diversity of the state. |
|---|
| 118 | 118 | | 4.17Notwithstanding section 16B.98, subdivision 14, up to two percent of the appropriation is |
|---|
| 119 | 119 | | 4.18available for grant administration. |
|---|
| 120 | 120 | | 4.19 Subd. 4.Reporting.By January 15, 2026, and each year thereafter, the commissioner |
|---|
| 121 | 121 | | 4.20must submit a report to the chairs and ranking minority members of the legislative committees |
|---|
| 122 | 122 | | 4.21with jurisdiction over public safety policy and finance on the account established under |
|---|
| 123 | 123 | | 4.22subdivision 1. The report must provide detailed information on the money deposited in the |
|---|
| 124 | 124 | | 4.23account and grants awarded under the account. |
|---|
| 125 | 125 | | 4.24 Subd. 5.Expiration.This section and the fee established under section 403.11, |
|---|
| 126 | 126 | | 4.25subdivision 1, paragraph (e), expire on June 30, 2033. |
|---|
| 127 | 127 | | 4.26 Sec. 4. Minnesota Statutes 2024, section 403.113, subdivision 1, is amended to read: |
|---|
| 128 | 128 | | 4.27 Subdivision 1.Fee.A portion of the fee collected under section 403.11, subdivision 1, |
|---|
| 129 | 129 | | 4.28paragraph (a), must be used to fund implementation, operation, maintenance, enhancement, |
|---|
| 130 | 130 | | 4.29and expansion of enhanced 911 service, including acquisition of necessary equipment and |
|---|
| 131 | 131 | | 4.30the costs of the commissioner to administer the program. |
|---|
| 132 | 132 | | 4Sec. 4. |
|---|
| 133 | 133 | | REVISOR KRB/ES 25-0549504/15/25 5.1 Sec. 5. Minnesota Statutes 2024, section 403.161, subdivision 1, is amended to read: |
|---|
| 134 | 134 | | 5.2 Subdivision 1.Fees imposed.(a) A prepaid wireless E911 fee of 80 cents per retail |
|---|
| 135 | 135 | | 5.3transaction is imposed on prepaid wireless telecommunications service until the fee is |
|---|
| 136 | 136 | | 5.4adjusted as an amount per retail transaction under subdivision 7. |
|---|
| 137 | 137 | | 5.5 (b) A prepaid wireless telecommunications access Minnesota fee, in the amount of the |
|---|
| 138 | 138 | | 5.6monthly charge provided for in section 237.52, subdivision 2, is imposed on each retail |
|---|
| 139 | 139 | | 5.7transaction for prepaid wireless telecommunications service until the fee is adjusted as an |
|---|
| 140 | 140 | | 5.8amount per retail transaction under subdivision 7. |
|---|
| 141 | 141 | | 5.9 (c) A prepaid wireless 988 fee, in the amount of the monthly charge provided for in |
|---|
| 142 | 142 | | 5.10section 145.561, subdivision 4, paragraph (b), is imposed on each retail transaction for |
|---|
| 143 | 143 | | 5.11prepaid wireless telecommunications service until the fee is adjusted as an amount per retail |
|---|
| 144 | 144 | | 5.12transaction under subdivision 7. |
|---|
| 145 | 145 | | 5.13 (d) A prepaid wireless public safety radio and crime victims fee in the amount of 50 |
|---|
| 146 | 146 | | 5.14cents per retail transaction is imposed on prepaid wireless telecommunications service. |
|---|
| 147 | 147 | | 5.15 Sec. 6. Minnesota Statutes 2024, section 403.161, subdivision 3, is amended to read: |
|---|
| 148 | 148 | | 5.16 Subd. 3.Fee collected.The prepaid wireless E911, telecommunications access Minnesota, |
|---|
| 149 | 149 | | 5.17and 988, and public safety radio and crime victims fees must be collected by the seller from |
|---|
| 150 | 150 | | 5.18the consumer for each retail transaction occurring in this state. The amount of each fee must |
|---|
| 151 | 151 | | 5.19be combined into one amount, which must be separately stated on an invoice, receipt, or |
|---|
| 152 | 152 | | 5.20other similar document that is provided to the consumer by the seller. |
|---|
| 153 | 153 | | 5.21 Sec. 7. Minnesota Statutes 2024, section 403.161, subdivision 5, is amended to read: |
|---|
| 154 | 154 | | 5.22 Subd. 5.Remittance.The prepaid wireless E911, telecommunications access Minnesota, |
|---|
| 155 | 155 | | 5.23and 988, and public safety radio and crime victims fees are the liability of the consumer |
|---|
| 156 | 156 | | 5.24and not of the seller or of any provider, except that the seller is liable to remit all fees as |
|---|
| 157 | 157 | | 5.25provided in section 403.162. |
|---|
| 158 | 158 | | 5.26 Sec. 8. Minnesota Statutes 2024, section 403.161, subdivision 6, is amended to read: |
|---|
| 159 | 159 | | 5.27 Subd. 6.Exclusion for calculating other charges.The combined amount of the prepaid |
|---|
| 160 | 160 | | 5.28wireless E911, telecommunications access Minnesota, and 988, and public safety radio and |
|---|
| 161 | 161 | | 5.29crime victims fees collected by a seller from a consumer must not be included in the base |
|---|
| 162 | 162 | | 5.30for measuring any tax, fee, surcharge, or other charge that is imposed by this state, any |
|---|
| 163 | 163 | | 5.31political subdivision of this state, or any intergovernmental agency. |
|---|
| 164 | 164 | | 5Sec. 8. |
|---|
| 165 | 165 | | REVISOR KRB/ES 25-0549504/15/25 6.1 Sec. 9. Minnesota Statutes 2024, section 403.162, subdivision 1, is amended to read: |
|---|
| 166 | 166 | | 6.2 Subdivision 1.Remittance.Prepaid wireless E911, telecommunications access |
|---|
| 167 | 167 | | 6.3Minnesota, and 988, and public safety radio and crime victims fees collected by sellers must |
|---|
| 168 | 168 | | 6.4be remitted to the commissioner of revenue at the times and in the manner provided by |
|---|
| 169 | 169 | | 6.5chapter 297A with respect to the general sales and use tax. The commissioner of revenue |
|---|
| 170 | 170 | | 6.6shall must establish registration and payment procedures that substantially coincide with |
|---|
| 171 | 171 | | 6.7the registration and payment procedures that apply in chapter 297A. |
|---|
| 172 | 172 | | 6.8 Sec. 10. Minnesota Statutes 2024, section 403.162, subdivision 5, is amended to read: |
|---|
| 173 | 173 | | 6.9 Subd. 5.Fees deposited.(a) The commissioner of revenue shall must, based on the |
|---|
| 174 | 174 | | 6.10relative proportion of the prepaid wireless E911 fee, the prepaid wireless telecommunications |
|---|
| 175 | 175 | | 6.11access Minnesota fee, and the prepaid wireless 988 fee, and the public safety radio and |
|---|
| 176 | 176 | | 6.12crime victims fee imposed per retail transaction, divide the fees collected in corresponding |
|---|
| 177 | 177 | | 6.13proportions. Within 30 days of receipt of the collected fees, the commissioner shall must: |
|---|
| 178 | 178 | | 6.14 (1) deposit the proportion of the collected fees attributable to the prepaid wireless E911 |
|---|
| 179 | 179 | | 6.15fee in the 911 emergency telecommunications service account in the special revenue fund; |
|---|
| 180 | 180 | | 6.16 (2) deposit the proportion of collected fees attributable to the prepaid wireless |
|---|
| 181 | 181 | | 6.17telecommunications access Minnesota fee in the telecommunications access fund established |
|---|
| 182 | 182 | | 6.18in section 237.52, subdivision 1; and |
|---|
| 183 | 183 | | 6.19 (3) deposit the proportion of the collected fees attributable to the prepaid wireless 988 |
|---|
| 184 | 184 | | 6.20fee in the 988 special revenue account established in section 145.561, subdivision 3.; and |
|---|
| 185 | 185 | | 6.21 (4) deposit the portion of the collected fees attributable to the public safety radio fee in |
|---|
| 186 | 186 | | 6.22the public safety radio and crime victims account in the special revenue fund. |
|---|
| 187 | 187 | | 6.23 (b) The commissioner of revenue may deduct and deposit in a special revenue account |
|---|
| 188 | 188 | | 6.24an amount not to exceed two percent of collected fees. Money in the account is annually |
|---|
| 189 | 189 | | 6.25appropriated to the commissioner of revenue to reimburse its direct costs of administering |
|---|
| 190 | 190 | | 6.26the collection and remittance of prepaid wireless E911 fees, prepaid wireless |
|---|
| 191 | 191 | | 6.27telecommunications access Minnesota fees, and prepaid wireless 988 fees. |
|---|
| 192 | 192 | | 6Sec. 10. |
|---|
| 193 | 193 | | REVISOR KRB/ES 25-0549504/15/25 |
|---|