January 18, 2006, Introduced by Senator SWITALSKI and referred to the Committee on Appropriations.
A bill to amend 1986 PA 32, entitled
"Emergency telephone service enabling act,"
by amending section 408 (MCL 484.1408), as amended by 2004 PA 89.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 408. (1) Except as otherwise provided under subsection
(3), starting January 1, 2004, a CMRS supplier or a reseller shall
include a service charge of 52 cents per month for each CMRS
connection that has a billing address in this state. The CMRS
supplier or reseller shall list a service charge authorized under
this section as a separate line item on each bill. The service
charge shall be listed on the bill as the "operational 9-1-1
charge".
(2) Except as otherwise provided under subsection (3), a CMRS
supplier may submit an invoice to the subcommittee created in
section 410 for reimbursement from the CMRS emergency telephone
fund for costs incurred in implementing the wireless emergency
service order and this act. Within 90 days after the date the
invoice is submitted to the subcommittee, the subcommittee shall
review the invoice and make a recommendation to the committee for
the approval, in whole or in part, or denial of the invoice. The
committee shall approve an invoice submitted under this subsection
only if the invoice is for costs directly related to the providing
and installing of equipment that implements the wireless emergency
service order and this act. The committee shall authorize payment
of the invoice in accordance with the recommendations of the
subcommittee.
(3) Before July 1, 2004, all CMRS suppliers shall notify the
committee in writing whether they will seek reimbursement from the
CMRS emergency telephone fund for costs incurred until December 31,
2005 in implementing the wireless emergency service order and this
act. If a CMRS supplier elects to seek reimbursement under this
subsection, it shall continue to impose the 52 cents per month
charge authorized under subsection (1) until December 31, 2005.
After December 31, 2005, the CMRS supplier shall impose a service
charge of 29 cents per month. A CMRS supplier that notifies the
committee in writing that it will not seek reimbursement under this
subsection shall impose a charge of 29 cents per month and not seek
reimbursement from the fund for costs in implementing the wireless
emergency service order and this act incurred after the date of its
notice to the committee.
(4) The department of state police may receive funds from the
CMRS emergency telephone fund for costs to administer this act or
to operate a regional dispatch center that receives and dispatches
9-l-l calls. A breakdown of the costs funded under this subsection
shall be included in the annual report required under section 412.
Except as otherwise provided by this subsection, the costs funded
under this subsection shall not exceed 1/2 of 1 cent of the monthly
service charge collected under this section. If the department of
state police establishes the position of E-911 coordinator, the
costs funded under this subsection shall not exceed 1 cent of the
monthly service charge collected under this section.
(5) Except as otherwise provided in this section, the money
collected as the service charge under subsection (1) shall be
deposited in the CMRS emergency telephone fund created in section
407 not later than 30 days after the end of the quarter in which
the service charge was collected.
(6) All money collected and deposited in the CMRS emergency
telephone fund created in section 407 shall be distributed as
follows:
(a) Except as provided in subsection (9), 10 cents of each
monthly service charge shall be disbursed equally to each county
that has a final 9-1-1 plan in place that includes implementing the
wireless emergency service order and this act. Money received by a
county under this subdivision shall only be used to implement the
wireless emergency service order and this act. Money expended under
this subdivision for a purpose considered unnecessary or
unreasonable by the committee or the auditor general shall be
repaid to the fund.
(b) Except as provided in subsection (9), 15 cents of each
monthly service charge shall be disbursed on a per capita basis to
each county that has a final 9-1-1 plan in place that includes
implementing the wireless emergency service order and this act. The
committee shall certify to the department of treasury quarterly
which counties have a final 9-1-1 plan in place. The most recent
census conducted by the United States census bureau shall be used
to determine the population of each county in determining the per
capita basis in this subdivision. Money received by a county under
this subdivision shall only be used to implement the wireless
emergency service order and this act. Money expended under this
subdivision for a purpose considered unnecessary or unreasonable by
the committee or the auditor general shall be repaid to the fund.
(c) One and one-half cents of each monthly service charge
shall be available to PSAPs for training personnel assigned to 9-1-
1 centers. A written request for money from the fund shall be made
by a public safety agency or county to the committee. The committee
shall semiannually authorize distribution of money from the fund to
eligible public safety agencies or counties. A public safety agency
or county that receives money under this subdivision shall create,
maintain, and make available to the committee upon request a
detailed record of expenditures relating to the preparation,
administration, and carrying out of activities of its 9-1-1
training program. Money expended by an eligible public safety
agency or county for a purpose considered unnecessary or
unreasonable by the committee or the auditor general shall be
repaid to the fund. Money shall be disbursed to an eligible public
safety agency or county for training of PSAP personnel through
courses certified by the commission on law enforcement standards
only for either of the following purposes:
(i) To provide basic 9-1-1 operations training.
(ii) To provide in-service training to employees engaged in 9-
1-1 service.
(d) As provided under subsections (2), (4), and (11).
(e)
For fiscal year 2003-2004 2005-2006 only, an amount
not
to
exceed $12,000,000.00 $15,000,000.00 for the
annual rental
obligations of the state building authority under the bonds issued
to finance the Michigan public safety communications system
project.
(7) Money received by a county under subsection (6)(b) and (c)
shall be distributed by the county to the primary PSAPs
geographically located within the 9-1-1 service district by 1 of
the following methods:
(a) As provided in the final 9-1-1 service plan.
(b) If distribution is not provided for in the 9-1-1 service
plan under subdivision (a), then according to any agreement for
distribution between a county and a public agency.
(c) If distribution is not provided for in the 9-1-1 service
plan under subdivision (a) or by agreement between the county and
public agency under subdivision (b), then according to the
population within the geographic area for which the PSAP serves as
primary PSAP.
(d) If a county has multiple emergency telephone districts,
money for that county shall be distributed as provided in the
emergency telephone districts' final 9-1-1 service plans.
(8) If a county with a final 9-1-1 plan in place does not
accept 9-1-1 calls through the direct dispatch method, relay
method, or transfer method from a CMRS user, the revenues available
to the county under this section shall be disbursed to the public
agency or county responsible for accepting and responding to those
calls.
(9) In addition to the requirements of this subsection, a
county is not eligible to receive disbursements under subsection
(6)(a) or (b) unless the county is compliant with the wireless
emergency service order and this act. A county shall be compliant
with phase 1 implementation by June 30, 2004 and phase 2
implementation by June 30, 2005. A county that is not compliant
with phase 1 implementation by June 30, 2004 and phase 2
implementation by June 30, 2005 shall use the disbursements
received under subsection (6)(a) and (b) only for purposes of
becoming compliant. A county that is not compliant with phase 1
implementation by December 31, 2004 and phase 2 implementation by
December 31, 2005 is not eligible to receive disbursements under
subsection (6)(a) and (b). Once the committee determines that a
county that is not eligible to receive disbursements is compliant,
the county shall begin receiving disbursements again under
subsection (6)(a) and (b). As used in this subsection, "compliant"
means the county has installed equipment that is capable, and at a
state of readiness, to deploy wireless service for all CMRS
providers within a county's 9-1-1 service district or districts.
(10) From each service charge billed under subsection (1),
each CMRS supplier or reseller who billed the customer shall retain
1/2 of 1 cent to cover the costs of billing and collection as the
only reimbursement from this charge for billing and collection
costs.
(11) Notwithstanding any other provision of this act, the
commission,
following a contested case, shall issue an order
within
180 days of the effective date of the amendatory act that
added
this subsection no later
than June 28, 2004 establishing the
costs that a local exchange provider may recover in terms of the
costs related to the wireless emergency service order. Any cost
reimbursement allowed under this subsection shall not include a
cost that is not related to complying with the wireless emergency
service order. After the commission has issued the order, a local
exchange provider may submit an invoice to the commission for
reimbursement from the CMRS emergency telephone fund for costs
incurred that are allowed under the commission order. Within 45
days after the date an invoice is submitted to the commission, the
commission shall make a recommendation to the committee for the
approval, either in whole or in part, or the denial of the invoice.
The committee shall authorize payment of an invoice in accordance
with the commission's recommendation. As used in this subsection:
(a) "Commission" means the Michigan public service commission.
(b) "Local exchange provider" means a provider of regulated
basic local exchange service as defined in section 102 of the
Michigan telecommunications act, 1991 PA 179, MCL 484.2102.
(12) A CMRS supplier or reseller is not liable for an
uncollected service charge billed under subsection (1) for which
the CMRS supplier or reseller has billed the CMRS user. If only a
partial payment of a bill is received by a CMRS supplier or
reseller, the CMRS supplier or reseller shall credit the amount
received as follows in priority order:
(a) For services provided.
(b) For the reimbursement under subsection (10).
(c) For the balance of the service charge.
(13) Amounts received under subsection (12)(c) shall be
forwarded to the CMRS emergency telephone fund created in section
407. Any uncollected portion of the service charge that is not
received shall be billed on subsequent billings and, upon receipt,
amounts in excess of the reimbursement under subsection (10) shall
be forwarded to the CMRS emergency telephone fund created in
section 407. The service charge paid by a CMRS user is not subject
to a state or local tax.
(14) A CMRS supplier or reseller shall implement the billing
provisions of this section not later than October 26, 1999.
(15) The department of state police shall annually prepare a
list of projects in priority order that the department of state
police recommends for funding from the funds collected under former
section 409(e). The legislature shall annually review and approve
projects by law. If a project provides infrastructure or equipment
for use by CMRS suppliers, the department of state police shall
charge a reasonable fee for use of the infrastructure or equipment.
Fees collected under this subsection shall be deposited in the
fund.