April 18, 2007, Introduced by Senators BASHAM, BROWN, CHERRY, BARCIA, GLEASON, HUNTER and PRUSI and referred to the Committee on Energy Policy and Public Utilities.
A bill to amend 1986 PA 32, entitled
"Emergency telephone service enabling act,"
by amending sections 402, 403, 404, 405, 406, 407, 408, 410, 412,
413, 502, 504, 506, 601, 602, 605, 712, 714, 716, and 717 (MCL
484.1402, 484.1403, 484.1404, 484.1405, 484.1406, 484.1407,
484.1408, 484.1410, 484.1412, 484.1413, 484.1502, 484.1504,
484.1506, 484.1601, 484.1602, 484.1605, 484.1712, 484.1714,
484.1716, and 484.1717), sections 403, 404, 405, and 406 as amended
by 1999 PA 81, sections 407, 410, and 412 as added by 1999 PA 78,
section 408 as amended by 2006 PA 74, section 413 as added and
section 717 as amended by 2006 PA 249, section 601 as amended and
section 605 as added by 1999 PA 80, section 602 as amended by 2004
PA 515, and sections 712, 714, and 716 as added by 1999 PA 79; and
to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 402. Each billed service user shall be liable for any
emergency
telephone state or county 9-1-1
charge imposed on the
service
user pursuant to under this act.
Sec.
403. Except as provided in sections 407 to 412, each Each
service
supplier shall be solely responsible for the billing for of
the
emergency telephone state
and county 9-1-1 charge
and the
transmittal
of money collected from to
the emergency telephone
operational
charge 9-1-1 fund and to the counties as required under
this act.
Sec.
404. After commencement of collection of the emergency
telephone
charge within a particular 9-1-1 service district, a A
service supplier providing or designated to provide 9-1-1 service
pursuant
to under this act shall not alter the emergency telephone
state or county 9-1-1 charge collected from service users within
the 9-1-1 service district except as provided under this act.
pursuant
to this act except as follows:
(a)
As provided in sections 405 and 407 to 412.
(b)
Subject to the limitations provided by section 401(4), if
additions
or withdrawals of PSAPs or secondary PSAPs are made to
the
9-1-1 service within a 9-1-1 service
district pursuant to this
act,
the emergency telephone charge shall be increased or decreased
in
an amount such that the total emergency telephone charges to be
collected
in such billing period and in each billing period
thereafter
shall equal the total cost of providing 9-1-1
service
within
the 9-1-1 service district based on the rates and charges of
the
service supplier.
(c)
Subject to the limitations provided by section 401(4), if
a
public agency is added to or withdraws from a 9-1-1 service
district
pursuant to this act, the emergency telephone charge shall
be
increased or decreased within the jurisdiction of the particular
public
agency in an amount such that the total emergency telephone
charges
to be collected in such billing period and in each billing
period
thereafter shall equal the total cost of providing 9-1-1
service
within the modified 9-1-1 service district based on the
rates
and charges of the service supplier.
Sec.
405. (1) Except as provided in sections 407 to 412,
within
90 days after the first day of the calendar year following
the
year in which a service supplier commenced collection of the
emergency
telephone charge pursuant to section 401, and within 90
days
after the first day of each calendar year thereafter, a
service
supplier providing 9-1-1 service pursuant to this act shall
make
an annual accounting to the 9-1-1 service district of the
total
emergency telephone charges collected during the immediately
preceding
calendar year. The committee
shall promulgate rules under
section 413 to require each facility with a multiline telephone
system to install no later than December 31, 2011 the necessary
equipment and software to provide specific location information of
a 9-1-1 call. This section applies to multiline telephone systems
regardless of the system technology.
(2)
If an annual accounting made pursuant to subsection (1)
discloses
that the total emergency telephone technical charges
collected
during the immediately preceding calendar year exceeded
the
total cost of installing and providing 9-1-1
service within the
9-1-1
service district for the immediately preceding calendar year
according
to the rates and charges of the service supplier, the
service
supplier shall adjust the emergency telephone technical
charge
collected from service users in the 9-1-1
service district
in
an amount computed pursuant to this section. The amount of the
adjustment
shall be computed by dividing the excess by the number
of
exchange access facilities within the 9-1-1
service district as
the
district existed for the billing period immediately following
the
annual accounting. Costs of the service supplier associated
with
making the adjustment under this subsection as part of the
billing
and collection service shall be deducted from the amount to
be
adjusted.
(3)
If the annual accounting discloses that the total
emergency
telephone charges collected during the calendar year are
less
than the total cost of installing and providing 9-1-1 service
within
the 9-1-1 service district for the immediately preceding
calendar
year according to the costs and rates of the service
supplier,
the service supplier shall collect an additional charge
from
service users in the 9-1-1 service district in an amount
computed
pursuant to this section. Subject to the limitations
provided
by section 401(4), the amount of the additional charge
shall
be computed by dividing the amount by which the total cost
exceeded
the total emergency telephone charges collected during the
immediately
preceding calendar year by the number of exchange
access
facilities within the 9-1-1 service district as the district
existed
for the billing period immediately following the annual
accounting.
Sec.
406. (1) Except as provided in sections 407 to 412, the
emergency
telephone operational charge The
funds collected and
expended
pursuant to under this act shall be used expended
exclusively
for the operation of the 9-1-1 system 9-1-1
services
and in compliance with the rules promulgated under section 413.
(2) Each PSAP or secondary PSAP shall assure that fund
accounting, auditing, monitoring, and evaluation procedures are
provided as required by this act and the rules promulgated under
this
act. The accounting
procedures shall provide for accurate and
timely
recording of receipt and disbursement of funds by source.
(3) An annual audit shall be conducted by an independent
auditor using generally accepted accounting principles and copies
of the annual audit shall be made available for public inspection.
(4)
An increase in 9-1-1 operational funds the charges allowed
under this act shall not be authorized or expended for the next
fiscal year unless an annual audit has been performed for the
previous fiscal year and expenditures are in compliance with this
act.
Except as provided in subsection (5), the The PSAP shall
continue to operate at the same funding level as the previous
fiscal year until an audit is performed as required by this
section.
(5)
The recurring emergency telephone operational charge
authorized
under section 401 shall not be expended if an audit has
not
been performed as required by this section within 120 days of
the
end of the fiscal year.
Sec.
407. (1) The CMRS emergency telephone 9-1-1 fund is
created
within the state treasury. to provide money to implement
the
wireless emergency service order and this act.
(2) The state treasurer may receive money or other assets as
provided under this act and from any source for deposit into the
fund. Money may be deposited into the fund by electronic funds
transfer. Money in the CMRS emergency telephone fund on the
effective date of the amendatory act that added section 401a shall
be deposited into the fund and expended as provided by this act.
The state treasurer shall direct the investment of the fund. The
state treasurer shall credit to the fund interest and earnings from
fund
investments. The state treasurer shall establish restricted
subaccounts
within the fund for each of the categories listed in
section
409(1)(a) to (e).
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department of treasury shall expend money from the
fund ,
upon appropriation, only as
provided in this act. The
disbursement of money may be by electronic funds transfer.
(5) The auditor general shall audit the fund at least
annually.
Sec.
408. (1) Except as otherwise provided under subsection
(3)
this act, starting January 1, 2004 2008, a CMRS service
supplier
or a reseller shall include a state
9-1-1 service
charge
of
52 cents per month for each CMRS
connection that has a billing
address
in this state as determined
under section 401. The CMRS
service
supplier or reseller shall list a
the state 9-1-1
service
charge
authorized under this section act
as a separate line item on
each bill. The service charge shall be listed on the bill as the
"operational
"state 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.
(2) Each service supplier may retain 2% of the state 9-1-1
charge collected under this act to cover the supplier's costs for
billing and collection.
(3) (5)
Except as otherwise provided in
this section under
subsection
(2), the money collected as the service
state 9-1-1
charge
under subsection (1) shall be deposited in the CMRS
emergency
telephone 9-1-1 fund
created in section 407 not no
later
than
30 days after the end of the quarter in which the service
state 9-1-1 charge was collected.
(4) (6)
All money collected and deposited
in the CMRS
emergency
telephone 9-1-1 fund
created in section 407 shall be
distributed as follows:
(a)
Except as provided in subsection (9), 10 cents of each
monthly
service charge 62.25% 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.
Forty percent of the 62.25% shall be distributed on an equal basis
to each county, and 60% of the 62.25% shall be distributed based on
a population per capita basis. Money received by a county under
this
subdivision shall only be used to implement the wireless
emergency
service order and this act for
9-1-1 services as allowed
under 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.
31.25% shall be expended for common network costs as approved by
the committee under section 410.
(c)
One and one-half cents of each monthly service charge
3.75% 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. The committee shall promulgate rules under
section 413 establishing training standards for 9-1-1 system
personnel. 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 committee
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) 2.75%
credited to the department of state police for costs to administer
this act, to operate a regional dispatch center that receives and
dispatches 9-1-1 calls, and to maintain the office of the state 9-
1-1 coordinator. A breakdown of the costs funded under this
subsection shall be included in the annual report required under
section 412.
(5) (e)
For fiscal year 2005-2006 2007-2008 only, an amount
not
to exceed $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 $500,000.00 to
the department of state police to study the feasibility of an IP-
based 9-1-1 system in this state.
(6) For the fiscal year 2007-2008 only, $10,000,000.00 to the
state treasurer to establish a fund for the capital outlay of an
IP-based 9-1-1 system in this state. Money in the fund at the close
of the fiscal year shall remain in the fund and shall not lapse to
the general fund. If the money in the fund has not been expended by
October 1, 2010, the money shall lapse to the general fund.
(7)
Money received by a county under subsection (6)(b) and (c)
(4)(a) 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 9-1-1
districts, money for that county shall be distributed as provided
in
the emergency telephone 9-1-1 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 no
later
than June 29, 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.
(8) The committee shall promulgate rules under section 413
establishing the standards for county certification of the receipt
and expenditures of 9-1-1 funds under this act. Receipt of 9-1-1
funds under this act is dependent on compliance with the standards
established under this subsection.
Sec. 410. (1) The committee shall appoint a subcommittee to
review
expenditures from the CMRS emergency telephone fund created
in
section 407 for common
network costs of the 9-1-1 system
statewide. The subcommittee shall consist of the member of the
committee representing the department of state police provided for
in section 712, who shall be the chairperson of the subcommittee,
and all of the following:
(a)
The member of the committee who represents a commercial
mobile
radio service as provided for in section 713(1) service
providers.
(b) One member of the committee who represents a public safety
agency who is not associated with the service supplier industry.
(c) The member of the committee who represents the Michigan
association of counties as appointed under section 713(1).
(d) One member appointed by the chairperson of the committee
who
represents the commercial mobile radio service industry but who
is
not a member of the committee general
public.
(2) A majority of the members of the subcommittee created
under subsection (1) constitute a quorum for the purpose of
conducting business and exercising the powers of the subcommittee.
Official action of the subcommittee may be taken upon a vote of a
majority of the subcommittee members. The chairperson of the
subcommittee shall not have a vote unless the other members of the
subcommittee cast a tie vote.
(3) The subcommittee created in subsection (1) shall review
invoices
submitted by CMRS suppliers for
common network costs for
the
9-1-1 system for
reimbursement from the CMRS emergency
telephone
9-1-1 fund
created in section 407 in accordance with the
wireless
emergency service order and this act and
shall make
recommendations to the committee regarding approval or disapproval
of payment on the invoice. The subcommittee may recommend to the
committee
approval of payment of an expense of a CMRS service
supplier before the expense is incurred. Before review by the
subcommittee, the staff assigned by the department of state police
to assist the committee, as provided for under section 714, shall
remove
all information that identifies the CMRS service supplier
submitting the invoice. The subcommittee shall review the validity
of the invoices and recommend approval or disapproval to the
committee. Upon receipt of recommendations from the subcommittee,
the committee shall review and approve or disapprove the invoices
and authorize payment of approved invoices.
(4)
An invoice shall not be approved for payment of either of
the
following:
(a)
An expense that is not related to complying with the
wireless
emergency service order and this act.
(b)
An expense that exceeds 125% of the CMRS emergency
telephone
charges submitted by a CMRS supplier unless the expense
was
recommended for approval by the subcommittee created in
subsection
(1) before the expense was incurred.
(4) (5)
Notwithstanding section 716 any other provision of
this
act, specific information submitted by
a CMRS service supplier
under this section is exempt from the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246, and shall not be released by the
chairperson or any member of the committee or their staff without
the
permission of the CMRS service
supplier that submitted the
information.
However, information Information
submitted by CMRS
service suppliers under this section may be released in the
aggregate
if the number of CMRS service
users or the expenses and
revenues
of a CMRS service supplier cannot be identified.
Sec.
412. (1) The committee shall conduct and complete a cost
study
and make a report annually on
the service 9-1-1 system in
this
state and the state and county 9-1-1 charge
required in under
sections 401, 401a, 401b, and 401c and distributed under section
408
not later than April 30, 2000, and August 30 annually after
2000
August 1 of each year. The report of the study shall include
at a minimum all of the following:
(a)
The extent of emergency telephone 9-1-1
service
implementation
in this state. by CMRS suppliers under the wireless
emergency
service order and this act.
(b)
The actual costs incurred by PSAPs,
counties, and CMRS
suppliers
service providers in complying with the wireless
emergency
service order and this act.
(c)
The service state 9-1-1
charge required in under section
408
401a and a recommendation to change of any changes in the
service
state 9-1-1
charge amount. if
needed to fund the costs of
meeting
the time frames in the wireless emergency service order and
this
act.
(d) A description of any commercial applications developed as
a result of implementing this act.
(e)
A The charge allowed under
sections 401a, 401b, and 401c
and a detailed record of expenditures by each county relating to
the
implementation of the wireless emergency service order and this
act.
(2)
The committee shall deliver the report of the study
prepared
required under subsection (1) to the secretary of the
senate, the clerk of the house of representatives, and the standing
committees of the senate and house of representatives having
jurisdiction
over issues pertaining to telecommunication
communication technology.
(3)
Upon receipt of the report, the legislature must consider
the
findings of the report and determine whether an adjustment to
the
fee is necessary.
Sec.
413. (1) The state 9-1-1
director shall issue a report to
the
legislature and the governor no later than December 1, 2006,
providing
recommendations for stable, equitable long-term funding
of
the 9-1-1 system in this state and recommendations, if any,
for
the
establishment of standards for the training and response time
of
9-1-1 personnel.
(2)
The report shall contain a recommendation that any 9-1-1
fees
collected from communications providers are assessed in a
competitively
neutral manner. The committee
shall promulgate rules
to administer and effectuate the purposes of this act. The rules
shall include, but not be limited to, the establishment of uniform
procedures, policies, and protocols governing 9-1-1 services in
counties and PSAPs in this state, the training of PSAP personnel
under section 408(2)(b), the receipt and expenditure of 9-1-1 funds
by counties under sections 401a, 401b, 401c, and 408(4), and the
penalties and remedies for violations of this act and the rules
promulgated under this act. Except as otherwise provided under this
act, this section does not apply to service suppliers.
Sec. 502. (1) After installation and commencement of operation
of
a 9-1-1 system implemented pursuant to under this act, a public
safety agency serving a public agency or county within the 9-1-1
service district shall cease to function as a PSAP or a secondary
PSAP
60 days after giving written notice thereof to the county
clerk. Within 5 days after receipt of the notice, the county clerk
shall forward the written notice to the service supplier.
(2)
Notwithstanding any provision of this act, to the
contrary,
any costs incurred by a service
supplier for equipment
removal or system modification necessary for a public safety agency
to
cease functioning as a PSAP or secondary PSAP pursuant to under
subsection (1) shall be paid directly by the public safety agency.
and
shall not be collected from service users in the 9-1-1 service
district.
Sec. 504. Within 5 days after receipt of a certified copy of a
resolution
adopted by a public agency pursuant to under section
503, the county clerk shall forward the certified copy of the
resolution to the service supplier by certified mail, return
receipt requested. Within a reasonable time after the service
supplier receives the certified copy of the resolution, the service
supplier shall commence 9-1-1 service to all or part of the
jurisdiction of the public agency, as the case may be, and after
commencement
of such the service shall commence the collection of
the
emergency telephone state
and county 9-1-1 charge,
in
accordance with this act, from service users within all or part of
the jurisdiction of the public agency added to the 9-1-1 service
district.
Sec. 506. Subject to the service limitations of the service
supplier, a service supplier shall cease 9-1-1 service in the area
of a public agency withdrawing from the 9-1-1 service district on
the first day of the calendar year following the year in which the
service
supplier received a copy of the resolution adopted pursuant
to
under section 505. The service supplier shall continue to
collect
the emergency telephone state
and county 9-1-1 charge from
all service users who continue to have 9-1-1 service, but the
service
supplier shall not collect the emergency telephone state
and county 9-1-1 charge from service users within the area of the
public agency withdrawing from the 9-1-1 service district who do
not continue to have 9-1-1 service after the billing period in
which the first day of the calendar year is included. The service
supplier, using the calculations provided in section 405, shall
credit or collect any additional charge from service users within
the public agency withdrawing from the 9-1-1 service district.
Sec.
601. (1) Except for a commercial mobile radio service,
the
public service commission, and the The
emergency telephone 9-1-
1 service committee created in section 712, upon request by a
service supplier, county, public agency, or public service agency,
shall provide, to the extent possible, technical assistance
regarding the formulation or implementation, or both, of a 9-1-1
service plan and assistance in resolving a dispute between or among
a service supplier, service users, county, public agency, or public
safety agency regarding their respective rights and duties under
this act.
(2)
Except for a commercial mobile radio service supplier, a
service
supplier, county, public agency, public service agency, or
a
combination of those entities that has a dispute with another
arising
from the formulation or implementation, or both, of a 9-1-1
service
plan shall request assistance from the public service
commission
and the emergency telephone service committee in
resolving
the dispute.
(3)
Upon the request of a CMRS supplier, county, public
agency,
or public service agency, the emergency telephone service
committee
shall, to the extent possible, provide technical
assistance
in formulating and implementing a 9-1-1 service plan.
The
emergency telephone service committee shall also provide
assistance
in resolving a dispute between or among a CMRS supplier,
county,
public agency, or public service agency regarding their
respective
rights and duties under this act.
(4)
A CMRS supplier, county, public agency, or public service
agency
or a combination of those entities that has a dispute with
another
of those entities, arising from the formulation or
implementation,
or both, of a 9-1-1 service plan, shall request
assistance
from the emergency telephone service committee appointed
pursuant
to section 410 in resolving the dispute.
Sec. 602. (1) The committee shall develop an informal dispute
resolution process that can be utilized by any party in resolving
any dispute involving the formulation, implementation, delivery,
and funding of 9-1-1 services in this state.
(2) Except for a dispute between a commercial mobile radio
service and a local exchange provider as defined under section 408,
a dispute between or among 1 or more service suppliers, counties,
public agencies, public service agencies, or any combination of
those entities regarding their respective rights and duties under
this act shall be heard as a contested case before the public
service commission as provided in the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec.
605. (1) A person shall not use an emergency telephone 9-
1-1
service or an emergency CMRS authorized
by this act for any
reason other than to call for an emergency response service from a
primary public safety answering point.
(2) A person who knowingly uses or attempts to use an
emergency
telephone 9-1-1 service for a purpose other than
authorized in subsection (1) is guilty of a misdemeanor punishable
by
imprisonment for not more than 93 180 days or a fine of not
more
than $1,000.00
$5,000.00, or both.
(3) A person who violates subsection (2) and has 1 or more
prior convictions under this section is guilty of a felony
punishable by imprisonment for not more than 2 years or a fine of
not
more than $2,000.00 $10,000.00, or both.
(4) This section does not apply to a person who calls a public
safety answering point to report a crime or seek assistance that is
not an emergency unless the call is repeated after the person is
told to call a different number.
Sec.
712. An emergency telephone 9-1-1
service committee is
created within the department of state police to develop statewide
standards and model system considerations and make other
recommendations for emergency telephone services. The committee
shall have the authority and exercise the powers and duties granted
to the committee under this act.
Sec. 714. (1) The committee shall do all of the following:
(a) Organize and adopt standards governing the committee's
formal and informal procedures.
(b) Meet not less than 4 times per year at a place and time
specified by the chairperson.
(c) Keep a record of the proceedings and activities of the
committee.
(d) Provide recommendations to public safety answering points
and secondary public safety answering points on statewide technical
and operational standards for PSAPs and secondary PSAPs.
(e) Provide recommendations to public agencies concerning
model systems to be considered in preparing a 9-1-1 service plan.
(f)
Perform other duties as necessary to promote successful
all duties as required under this act relating to the development,
implementation,
and operation, and funding of 9-1-1 systems across
the
in this state.
(g) Provide notice to the service suppliers of any changes in
the state or county 9-1-1 charge under sections 401a, 401b, and
401c.
(2) The department of state police and the public service
commission shall provide staff assistance to the committee as
necessary
to carry out the committee's duties under this section
act.
Sec.
716. Subject to section 410(5) Except
as otherwise
provided under this act, a writing prepared, owned, used, in the
possession of, or retained by the committee in the performance of
an official function shall be made available to the public in
compliance with the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
Sec.
717. This act is repealed effective December 31, 2007
2011.
Enacting section 1. Sections 201a, 201b, and 411 of emergency
telephone services enabling act, 1986 PA 32, MCL 484.1201a,
484.1201b, and 484.1411, are repealed.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 410
of the 94th Legislature is enacted into law.