CHAPTER 403. 911 emergency telecommunications systems

     403.01 911 emergency telecommunications system required. 

    Subdivision 1.    General requirement.  Each county 
 shall operate and maintain a 911 emergency telecommunications 
 system. 

    Subd. 1a.    Emergency telephone number 911.  The digits 
 911, so designated by the Federal Communications Commission, 
 must be the primary emergency telephone number within the 
 system.  A public safety agency may maintain a separate 
 secondary backup number for emergency calls and shall maintain a 
 separate number for nonemergency telephone calls. 

    Subd. 2.    Multijurisdictional system.  The 911 systems 
 may be multijurisdictional and regional in character provided 
 that design and implementation are preceded by cooperative 
 planning on a county-by-county basis with local public safety 
 agencies. 

    Subd. 3.    Wire line requirements.  Every owner and 
 operator of a wire line telecommunications system shall design 
 and maintain the system to dial the 911 number without charge to 
 the caller. 

    Subd. 4.    Wireless requirements.  Every owner and 
 operator of a wireless telecommunications system shall design 
 and maintain the system to dial the 911 number without charge to 
 the caller. 

    Subd. 5.    Pay phone requirements.  Every pay phone 
 owner and operator shall permit dialing of the 911 number 
 without coin and without charge to the caller. 

    Subd. 6.    Multistation or PBX system.  Every owner and 
 operator of a multistation or private branch exchange (PBX) 
 telecommunications system shall design and maintain the system 
 to dial the 911 number without charge to the caller. 

    Subd. 7.    Contractual requirement.  (a) The state, 
 together with the county or other governmental agencies 
 operating public safety answering points, shall contract with 
 the appropriate wire line telecommunications service providers 
 for the operation, maintenance, enhancement, and expansion of 
 the 911 system. 

    (b) The state shall contract with the appropriate wireless 
 telecommunications service providers for maintaining, enhancing, 
 and expanding the 911 system. 

    (c) The contract language or subsequent amendments to the 
 contract must include a description of the services to be 
 furnished by wireless and wire line telecommunications service 
 providers to the county or other governmental agencies operating 
 public safety answering points, as well as compensation based on 
 the effective tariff or price list approved by the public 
 utilities commission.  The contract language or subsequent 
 amendments must include the terms of compensation based on the 
 effective tariff or price list filed with the public utilities 
 commission or the prices agreed to by the parties. 

    (d) The contract language or subsequent amendments to 
 contracts between the parties must contain a provision for 
 resolving disputes. 

    HIST: 1977 c 311 s 1; 2002 c 372 s 1 

     403.02 Definitions. 

    Subdivision 1.    Scope.  For the purposes of this 
 chapter, the terms defined in this section have the meanings 
 given them. 

    Subd. 2.  Renumbered subd 16 

    Subd. 3.  Renumbered subd 14 

    Subd. 4.  Renumbered subd 18 

    Subd. 5.  Renumbered subd 19 

    Subd. 6.  Renumbered subd 17 

    Subd. 7.    Automatic location identification.  
 "Automatic location identification" means the process of 
 electronically identifying and displaying on a special viewing 
 screen the name of the subscriber and the location, where 
 available, of the calling telephone number to a person answering 
 a 911 emergency call. 

    Subd. 8.  Renumbered subd 15 

    Subd. 9.  Renumbered subd 13 

    Subd. 10.    Commissioner.  "Commissioner" means the 
 commissioner of administration. 

    Subd. 11.  Renumbered subd 20 

    Subd. 12.  Renumbered subd 21 

    Subd. 13.    Enhanced 911 service.  "Enhanced 911 
 service" means the use of selective routing, automatic location 
 identification, or local location identification as part of 
 local 911 service. 

    Subd. 14.    Governmental agency.  "Governmental agency" 
 means any unit of local government or special purpose district 
 located in whole or in part within this state that provides or 
 has authority to provide fire-fighting, police, ambulance, 
 medical, or other emergency services. 

    Subd. 15.    Local location identification.  "Local 
 location identification" means the process of locating the 
 origin of calls to a 911 system by means of a periodically 
 updated database located and maintained at the public safety 
 answering point. 

    Subd. 16.    Metropolitan area.  "Metropolitan area" 
 means the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 
 Scott, and Washington. 

    Subd. 17.    911 service.  "911 service" means a 
 telecommunications service that automatically connects a person 
 dialing the digits 911 to an established public safety answering 
 point.  911 service includes: 

    (1) equipment for connecting and outswitching 911 calls 
 within a telephone central office, trunking facilities from the 
 central office to a public safety answering point; 

    (2) equipment, as appropriate, for automatically 
 selectively routing 911 calls in situations where one telephone 
 central office serves more than one public safety answering 
 point; and 

    (3) provision of automatic location identification if the 
 public safety answering point has the capability of providing 
 that service. 

    Subd. 18.    Public safety agency.  "Public safety 
 agency" means a functional division of a public agency which 
 provides fire fighting, police, medical, or other emergency 
 services, or a private entity which provides emergency medical 
 or ambulance services. 

    Subd. 19.    Public safety answering point.  "Public 
 safety answering point" means a communications facility operated 
 on a 24 hour basis which first receives 911 calls from persons 
 in a 911 service area and which may, as appropriate, directly 
 dispatch public safety services or extend, transfer, or relay 
 911 calls to appropriate public safety agencies. 

    Subd. 20.    Wire line telecommunications service provider.
  "Wire line telecommunications service provider" means a 
 person, firm, association, corporation, or other legal entity, 
 however organized, or combination of them, authorized by state 
 or federal regulatory agencies to furnish telecommunications 
 service, including local service, over wire line facilities. 

    Subd. 21.    Wireless telecommunications service provider. 
  "Wireless telecommunications service provider" means a 
 provider of commercial mobile radio services, as that term is 
 defined in United States Code, title 47, section 332, subsection 
 (d), including all broadband personal communications services, 
 wireless radio telephone services, geographic area specialized 
 and enhanced specialized mobile radio services, and incumbent 
 wide area specialized mobile radio licensees, that offers real 
 time, two-way voice service interconnected with the public 
 switched telephone network and that is doing business in the 
 state of Minnesota. 

    HIST: 1977 c 311 s 2; 1987 c 56 s 1,2; 1990 c 543 s 1; 1994 c 
 616 s 6; 1995 c 149 s 1; 1997 c 202 art 3 s 18,19; 3Sp1997 c 3 s 
 1; 2002 c 372 s 2-6 

     403.03 911 services to be provided. 

    Services available through a 911 system shall include 
 police, firefighting, and emergency medical and ambulance 
 services.  Other emergency and civil defense services may be 
 incorporated into the 911 system at the discretion of the public 
 agency operating the public safety answering point. 

    HIST: 1977 c 311 s 3 

  403.04 Repealed, 2002 c 372 s 21 

     403.05 911 system operation and maintenance. 

    Subdivision 1.    Operate and maintain.  Each county or 
 any other governmental agency shall operate and maintain its 911 
 system to meet the requirements of governmental agencies whose 
 services are available through the 911 system and to permit 
 future expansion or enhancement of the system.  Each county or 
 any other governmental agency shall ensure that a 911 emergency 
 call made with a wireless access device is automatically 
 connected to and answered by the appropriate public safety 
 answering point. 

    Subd. 2.    Rule requirements for 911 system plans.  
 Each county or any other governmental agency shall maintain and 
 update its 911 system plans as required under Minnesota Rules, 
 chapter 1215. 

    Subd. 3.    Agreements for service.  Each county and any 
 other governmental agency shall contract with the state and wire 
 line telecommunications service providers for the recurring and 
 nonrecurring costs associated with operating and maintaining 911 
 emergency communications systems. 

    HIST: 1977 c 311 s 5; 2002 c 372 s 7 

     403.06 Department duties. 

    Subdivision 1.    Duties.  (a) The department of 
 administration shall coordinate the maintenance of 911 systems.  
 The department shall aid counties in the formulation of 
 concepts, methods, and procedures which will improve the 
 operation and maintenance of 911 systems.  The department shall 
 establish procedures for determining and evaluating requests for 
 variations from the established design standards.  The 
 department shall respond to requests by wireless or wire line 
 telecommunications service providers or by counties or other 
 governmental agencies for system agreements, contracts, and 
 tariff language promptly and no later than within 45 days of the 
 request unless otherwise mutually agreed to by the parties.  

    (b) The department shall prepare a biennial budget for 
 maintaining the 911 system.  The department shall prepare an 
 annual report to the legislature detailing the expenditures for 
 maintaining the 911 system, the 911 fees collected, the balance 
 of the 911 fund, and the 911-related administrative expenses of 
 the department.  The department is authorized to expend funds 
 that have been appropriated to pay for the maintenance, 
 enhancements, and expansion of the 911 system. 

    Subd. 2.    Waiver.  Any county, other governmental 
 agency, wireless telecommunications service provider, or wire 
 line telecommunications service provider may petition the 
 department of administration for a waiver of all or portions of 
 the requirements.  A waiver may be granted upon a demonstration 
 by the petitioner that the requirement is economically 
 infeasible. 

    HIST: 1977 c 311 s 6; 2002 c 372 s 8 

     403.07 Standards established; data privacy. 

    Subdivision 1.    Rules.  The department of 
 administration shall establish and adopt in accordance with 
 chapter 14, rules for the administration of this chapter and for 
 the development of 911 systems in the state including: 

    (1) design standards for 911 systems incorporating the 
 standards adopted pursuant to subdivision 2 for the seven-county 
 metropolitan area; and 

    (2) a procedure for determining and evaluating requests for 
 variations from the established design standards. 

    Subd. 2.    Design standards.  The metropolitan 911 
 board shall establish and adopt design standards for the 
 metropolitan area 911 system and transmit them to the department 
 of administration for incorporation into the rules adopted 
 pursuant to this section. 

    Subd. 3.    Database.  In 911 systems that have been 
 approved by the department of administration for a local 
 location identification database, each wire line 
 telecommunications service provider shall provide current 
 customer names, service addresses, and telephone numbers to each 
 public safety answering point within the 911 system and shall 
 update the information according to a schedule prescribed by the 
 county 911 plan. Information provided under this subdivision 
 must be provided in accordance with the transactional record 
 disclosure requirements of the federal Electronic Communications 
 Privacy Act of 1986, United States Code, title 18, section 2703, 
 subsection (c), paragraph (1), subparagraph (B)(iv).  

    Subd. 4.    Use of furnished information.  Names, 
 addresses, and telephone numbers provided to a 911 system under 
 subdivision 3 are private data and may be used only for 
 identifying the location or identity, or both, of a person 
 calling a 911 public safety answering point.  The information 
 furnished under subdivision 3 may not be used or disclosed by 
 911 system agencies, their agents, or their employees for any 
 other purpose except under a court order.  

    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. 

    HIST: 1977 c 311 s 7; 1982 c 424 s 130; 1990 c 543 s 2,3; 1991 
 c 319 s 21; 1994 c 618 art 1 s 38; 1995 c 149 s 2; 2002 c 372 s 
 9 

     403.08 Wireless telecommunications service provider. 

    Subdivision 1. Repealed by amendment, 2002 c 372 s 10 

    Subd. 2. Repealed by amendment, 2002 c 372 s 10 

    Subd. 3. Repealed by amendment, 2002 c 372 s 10 

    Subd. 4. Repealed by amendment, 2002 c 372 s 10 

    Subd. 5. Repealed by amendment, 2002 c 372 s 10 

    Subd. 6. Repealed by amendment, 2002 c 372 s 10 

    Subd. 7.    Duties.  Each wireless telecommunications 
 service provider shall cooperate in planning and implementing 
 integration with enhanced 911 systems operating in their service 
 territories to meet Federal Communications Commission-enhanced 
 911 standards.  By August 1, 1997, each 911 emergency 
 telecommunications service provider operating enhanced 911 
 systems, in cooperation with each involved wireless 
 telecommunications service provider, shall develop and provide 
 to the commissioner good-faith estimates of installation and 
 recurring expenses to integrate wireless 911 service into the 
 enhanced 911 networks to meet Federal Communications Commission 
 phase one wireless enhanced 911 standards.  The commissioner 
 shall coordinate with counties and affected public safety agency 
 representatives in developing a statewide design and plan for 
 implementation.  

    Subd. 8.    Schedule.  Planning shall be completed by 
 October 1, 1997, for the metropolitan area and shall be 
 completed by December 1, 1997, for the areas outside of the 
 metropolitan area.  

    Subd. 9.    Scope.  Planning considerations must include 
 cost, degree of integration into existing 911 systems, the 
 retention of existing 911 infrastructure, and the potential 
 implications of phase 2 of the Federal Communications Commission 
 wireless enhanced 911 standards.  

    Subd. 10.    Plan integration.  Counties shall 
 incorporate the statewide design when modifying county 911 plans 
 to provide for integrating wireless 911 service into existing 
 county 911 systems.  The commissioner shall contract with the 
 involved wireless service providers and 911 service providers to 
 integrate cellular and other wireless services into existing 911 
 systems where feasible. 

    Subd. 11.    Liability.  (a) No wireless enhanced 911 
 emergency telecommunications service provider, its employees, or 
 its agents are 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 wireless service, except for willful 
 or wanton misconduct.  

    (b) No wireless carrier, its employees, or its agents are 
 liable to any person who uses enhanced 911 wireless service for 
 release of subscriber information required under this chapter to 
 any public safety answering point. 

    Subd. 12.    Notification of subscriber.  A provider of 
 wireless telecommunications services shall notify its 
 subscribers at the time of initial subscription and four times 
 per year thereafter that a 911 emergency call made from a 
 wireless telephone is not always answered by a local public 
 safety answering point but may be routed to a state patrol 
 dispatcher and that, accordingly, the caller must provide 
 specific information regarding the caller's location.  

    HIST: 1977 c 311 s 8; 1980 c 614 s 123; 1997 c 202 art 3 s 20 
 ; 2002 c 372 s 10 

     403.09 Enforcement. 

    Subdivision 1.    Department authority.  At the request 
 of the department of administration, the attorney general may 
 commence proceedings in the district court against any person or 
 public or private body to enforce the provisions of this chapter.

    Subd. 2.    Commission authority.  At the request of the 
 public utilities commission, the attorney general may commence 
 proceedings before the district court pursuant to section 
 237.27, against any wire line telecommunications service 
 provider that refuses to comply with this chapter. 

    Subd. 3.    Dispute resolution.  Disputes between 
 parties must be resolved pursuant to section 403.01, subdivision 
 7, paragraph (d). 

    HIST: 1977 c 311 s 9; 1980 c 614 s 123; 1995 c 149 s 3; 2002 c 
 372 s 11 

     403.10 Cooperative agreement. 

    Subdivision 1.    Authority.  All public agencies and 
 counties that are part of different 911 systems but share common 
 boundary lines may enter into cooperative agreements to provide 
 that once an emergency unit is dispatched in response to a 
 request through the system, the unit shall render its services 
 to the requesting party without regard to jurisdictional 
 boundaries. 

    Subd. 2.    Notice to public safety agency.  Public 
 safety agencies with jurisdictional responsibilities shall in 
 all cases be notified by the public safety answering point of a 
 request for service in their jurisdiction. 

    Subd. 3.    Allocating costs.  Counties, public 
 agencies, operating public safety answering points, and other 
 local governmental units may enter into cooperative agreements 
 under section 471.59 for the allocation of operational and 
 capital costs attributable to the 911 system. 

    HIST: 1977 c 311 s 10; 2002 c 372 s 12 

     403.11 911 system cost accounting requirements; fee. 

    Subdivision 1.    Emergency telecommunications service 
 fee.  (a) Each customer of a wireless or wire line 
 telecommunications service provider that furnishes service 
 capable of originating a 911 emergency telephone call is 
 assessed a fee to cover the costs of ongoing maintenance and 
 related improvements for trunking and central office switching 
 equipment for 911 emergency telecommunications service, plus 
 administrative and staffing costs of the department of 
 administration related to managing the 911 emergency 
 telecommunications service program.  Recurring charges by a wire 
 line telecommunications service provider for updating the 
 information required by section 403.07, subdivision 3, must be 
 paid by the commissioner of administration if the wire line 
 telecommunications service provider is included in an approved 
 911 plan and the charges are made pursuant to tariff, price 
 list, or contract.  The commissioner of administration shall 
 transfer an amount equal to two cents a month from the fee 
 assessed under this section on wireless telecommunications 
 services to the commissioner of public safety for the purpose of 
 offsetting the costs, including administrative and staffing 
 costs, incurred by the state patrol division of the department 
 of public safety in handling 911 emergency calls made from 
 wireless phones.  

    (b) Money remaining in the 911 emergency telecommunications 
 service account after all other obligations are paid must not 
 cancel and is carried forward to subsequent years and may be 
 appropriated from time to time to the commissioner of 
 administration to provide financial assistance to counties for 
 the improvement of local emergency telecommunications services.  
 The improvements may include providing access to 911 service for 
 telecommunications service subscribers currently without access 
 and upgrading existing 911 service to include automatic number 
 identification, local location identification, automatic 
 location identification, and other improvements specified in 
 revised county 911 plans approved by the department. 

    (c) The fee may not be less than eight cents nor more than 
 33 cents a month for each customer access line or other basic 
 access service, including trunk equivalents as designated by the 
 public utilities commission for access charge purposes and 
 including wireless telecommunications services.  With the 
 approval of the commissioner of finance, the commissioner of 
 administration shall establish the amount of the fee within the 
 limits specified and inform the companies and carriers of the 
 amount to be collected.  The commissioner shall provide 
 companies and carriers a minimum of 45 days' notice of each fee 
 change.  For fiscal year 2003, the commissioner of 
 administration shall provide a minimum of 35 days' notice of 
 each fee change.  The fee must be the same for all customers.  

    (d) The fee must be collected by each wireless or wire line 
 telecommunications service provider subject to the fee.  Fees 
 are payable to and must be submitted to the commissioner of 
 administration monthly before the 25th of each month following 
 the month of collection, except that fees may be submitted 
 quarterly if less than $250 a month is due, or annually if less 
 than $25 a month is due.  Receipts must be deposited in the 
 state treasury and credited to a 911 emergency 
 telecommunications service account in the special revenue fund.  
 The money in the account may only be used for 911 
 telecommunications services as provided in paragraph (a). 

    (e) This subdivision does not apply to customers of 
 interexchange carriers. 

    (f) The installation and recurring charges for integrating 
 wireless 911 calls into enhanced 911 systems must be paid by the 
 commissioner if the 911 service provider is included in the 
 statewide design plan and the charges are made pursuant to 
 tariff, price list, or contract. 

    Subd. 2. Repealed, 2002 c 372 s 21 

    Subd. 3.    Method of payment.  (a) Any wireless or wire 
 line telecommunications service provider incurring reimbursable 
 costs under subdivision 1 shall submit an invoice itemizing rate 
 elements by county or service area to the commissioner of 
 administration for 911 services furnished under tariff, price 
 list, or contract.  Any wireless or wire line telecommunications 
 service provider is eligible to receive payment for 911 services 
 rendered according to the terms and conditions specified in the 
 contract.  Competitive local exchange carriers holding 
 certificates of authority from the public utilities commission 
 are eligible to receive payment for recurring 911 services 
 provided after July 1, 2001.  The commissioner shall pay the 
 invoice within 30 days following receipt of the invoice unless 
 the commissioner notifies the service provider that the 
 commissioner disputes the invoice.  

    (b) The commissioner of administration shall estimate the 
 amount required to reimburse wireless and wire line 
 telecommunications service providers for the state's obligations 
 under subdivision 1 and the governor shall include the estimated 
 amount in the biennial budget request.  

    Subd. 3a.    Timely certification.  A certification must 
 be submitted to the commissioner of administration no later than 
 two years after commencing a new or additional eligible 911 
 service.  Any wireless or wire line telecommunications service 
 provider incurring reimbursable costs under this section at any 
 time before January 1, 2003, may certify those costs for payment 
 to the commissioner of administration according to this section 
 for a period of 90 days after January 1, 2003.  During this 
 period, the commissioner of administration shall reimburse any 
 wireless or wire line telecommunications service provider for 
 approved, certified costs without regard to any contrary 
 provision of this subdivision. 

    Subd. 3b.    Certification.  All wireless and wire line 
 telecommunications service providers shall submit a 
 self-certification form signed by an officer of the company to 
 the department with invoices for payment of an initial or 
 changed service described in the service provider's 911 
 contract.  The self-certification shall affirm that the 911 
 service contracted for is being provided and the costs invoiced 
 for the service are true and correct.  All certifications are 
 subject to verification and audit. 

    Subd. 3c.    Audit.  If the commissioner of 
 administration determines that an audit is necessary to document 
 the certification described in subdivision 3b, the wireless or 
 wire line telecommunications service provider must contract with 
 an independent certified public accountant to conduct the 
 audit.  The audit must be conducted according to generally 
 accepted accounting principles.  The wireless or wire line 
 telecommunications service provider is responsible for any costs 
 associated with the audit. 

    Subd. 4.    Local recurring costs.  Recurring costs of 
 telecommunications equipment and services at public safety 
 answering points must be borne by the local governmental agency 
 operating the public safety answering point or allocated 
 pursuant to section 403.10, subdivision 3.  Costs attributable 
 to local government electives for services not otherwise 
 addressed under section 403.11 or 403.113 must be borne by the 
 governmental agency requesting the elective service. 

    Subd. 5.    Tariff notification.  Wire line 
 telecommunications service providers or wireless 
 telecommunications service providers holding eligible 
 telecommunications carrier status shall give notice to the 
 department of administration and any other affected governmental 
 agency of tariff or price list changes related to 911 service at 
 the same time that the filing is made with the public utilities 
 commission. 

    HIST: 1977 c 311 s 11; 1978 c 680 s 1; 1980 c 614 s 123,147; 
 1Sp1985 c 13 s 330; 1987 c 404 s 174; 1989 c 335 art 4 s 85; 
 1990 c 543 s 4; 1994 c 616 s 7,8; 1994 c 634 art 1 s 22; 1995 c 
 265 art 2 s 29; 1997 c 202 art 3 s 21; 1Sp2001 c 10 art 2 s 78; 
 2002 c 372 s 13-19; 2002 c 401 art 1 s 3 

     403.113 Enhanced 911 service costs; fee. 

    Subdivision 1.    Fee.  (a) Each customer receiving 
 service from a wireless or wire line telecommunications service 
 provider is assessed a fee to fund implementation, operation, 
 maintenance, enhancement, and expansion of enhanced 911 service, 
 including acquisition of necessary equipment and the costs of 
 the commissioner to administer the program.  The actual fee 
 assessed under section 403.11 and the enhanced 911 service fee 
 must be collected as one amount and may not exceed the amount 
 specified in section 403.11, subdivision 1, paragraph (c). 

    (b) The enhanced 911 service fee must be collected and 
 deposited in the same manner as the fee in section 403.11 and 
 used solely for the purposes of paragraph (a) and subdivision 3. 

    (c) The commissioner of the department of administration, 
 in consultation with counties and 911 system users, shall 
 determine the amount of the enhanced 911 service fee and inform 
 wireless and wire line telecommunications service providers that 
 provide service capable of originating a 911 emergency telephone 
 call of the total amount of the 911 service fees in the same 
 manner as provided in section 403.11. 

    Subd. 2.    Distribution of money.  (a) After payment of 
 the costs of the department of administration to administer the 
 program, the commissioner shall distribute the money collected 
 under this section as follows: 

    (1) one-half of the amount equally to all qualified 
 counties, and after October 1, 1997, to all qualified counties, 
 existing ten public safety answering points operated by the 
 Minnesota state patrol, and each governmental entity operating 
 the individual public safety answering points serving the 
 metropolitan airports commission, the Red Lake Indian 
 Reservation, and the University of Minnesota police department; 
 and 

    (2) the remaining one-half to qualified counties and cities 
 with existing 911 systems based on each county's or city's 
 percentage of the total population of qualified counties and 
 cities.  The population of a qualified city with an existing 
 system must be deducted from its county's population when 
 calculating the county's share under this clause if the city 
 seeks direct distribution of its share. 

    (b) A county's share under subdivision 1 must be shared pro 
 rata between the county and existing city systems in the 
 county.  A county or city or other governmental entity as 
 described in paragraph (a), clause (1), shall deposit money 
 received under this subdivision in an interest-bearing fund or 
 account separate from the governmental entity's general fund and 
 may use money in the fund or account only for the purposes 
 specified in subdivision 3. 

    (c) A county or city or other governmental entity as 
 described in paragraph (a), clause (1), is not qualified to 
 share in the distribution of money for enhanced 911 service if 
 it has not implemented enhanced 911 service before December 31, 
 1998. 

    (d) For the purposes of this subdivision, "existing city 
 system" means a city 911 system that provides at least basic 911 
 service and that was implemented on or before April 1, 1993.  

    Subd. 3.    Local expenditures.  (a) Money distributed 
 under subdivision 2 for enhanced 911 service may be spent on 
 enhanced 911 system costs for the purposes stated in subdivision 
 1, paragraph (a).  In addition, money may be spent to lease, 
 purchase, lease-purchase, or maintain enhanced 911 equipment, 
 including telephone equipment; recording equipment; computer 
 hardware; computer software for database provisioning, 
 addressing, mapping, and any other software necessary for 
 automatic location identification or local location 
 identification; trunk lines; selective routing equipment; the 
 master street address guide; dispatcher public safety answering 
 point equipment proficiency and operational skills; pay for 
 long-distance charges incurred due to transferring 911 calls to 
 other jurisdictions; and the equipment necessary within the 
 public safety answering point for community alert systems and to 
 notify and communicate with the emergency services requested by 
 the 911 caller. 

    (b) Money distributed for enhanced 911 service may not be 
 spent on: 

    (1) purchasing or leasing of real estate or cosmetic 
 additions to or remodeling of communications centers; 

    (2) mobile communications vehicles, fire engines, 
 ambulances, law enforcement vehicles, or other emergency 
 vehicles; 

    (3) signs, posts, or other markers related to addressing or 
 any costs associated with the installation or maintenance of 
 signs, posts, or markers. 

    Subd. 4.    Audits.  Each county and city or other 
 governmental entity as described in subdivision 2, paragraph 
 (a), clause (1), shall conduct an annual audit on the use of 
 funds distributed to it for enhanced 911 service.  A copy of 
 each audit report must be submitted to the commissioner of 
 administration. 

    Subd. 5. Repealed, 2002 c 372 s 21 

    HIST: 1994 c 616 s 9; 1997 c 202 art 3 s 22-25; 2002 c 372 s 
 20 

    403.12 Subdivision 1. Repealed, 2002 c 372 s 21 

    Subd. 2. Repealed, 1Sp1986 c 3 art 1 s 51 

    Subd. 3. Repealed, 1Sp1986 c 3 art 1 s 51 

  403.13 Repealed, 2002 c 372 s 21 

  403.14 Repealed, 2002 c 372 s 21