HB-4237, As Passed Senate, December 17, 2014

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4237

A bill to amend 1929 PA 152, entitled

"An act to provide for the state-owned and operated Michigan public

safety communications system for police and public safety purposes;

to provide for acquisition, construction, implementation,

operation, and maintenance of the property and equipment necessary

to operate the system; and to prescribe the powers and duties of

certain state agencies and officials,"

by amending the title and sections 1, 2, and 3 (MCL 28.281, 28.282,

and 28.283), as amended by 1996 PA 538.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

An act to provide for the state-owned and operated Michigan

public safety communications system; ~~for police and public safety~~

~~purposes;~~ to provide for acquisition, construction, implementation,

operation, and maintenance of the property and equipment necessary

to operate the system; and to prescribe the powers and duties of

certain state agencies and officials.

Sec. 1. The Michigan public safety communications system is an

700-megahertz and 800-megahertz radio system and telecommunication

network within the department of ~~state police~~ technology,

management, and budget and includes all real and personal property,

towers, buildings, equipment, and other related facilities and

fixtures necessary for the operation and maintenance of the system.

Sec. 2. (1) The ~~director of the department of state police and~~

~~the~~ director of the department of technology, management, and

budget ~~are~~ is responsible for the construction, implementation,

operation, and maintenance of the Michigan public safety

communications system.

(2) In siting the buildings and equipment necessary to

implement the Michigan public safety communications system, the

director of the department of ~~state police~~ technology, management,

and budget shall locate the system, and a local unit of government

with zoning authority shall be notified of a site selected in their

jurisdiction and the requirements necessary for a site. If the

selected site does not comply with zoning, the local unit ~~shall~~

~~have~~ has 30 days from the date of notification to grant a special

use permit or propose an equivalent site. If the local unit does

not grant a special use permit within the 30 day period, or a

proposed alternate site does not meet the siting requirements, the

department of technology, management, and budget may proceed with

construction.

Sec. 3. (1) The department of state police shall broadcast all

police dispatches and reports ~~which~~ that have a reasonable relation

to or connection with the apprehension of criminals, the prevention

of crime, or the maintenance of peace, order, and public safety in

this state.

(2) The director of the department of ~~state police~~ technology,

management, and budget and the director of the department of state

police jointly may authorize any ~~governmental~~ public safety agency

or person to utilize the Michigan public safety communications

system for communications consistent with federal rules and

regulations or to utilize the Michigan public safety communications

system for collocations. Collocations by a person other than a

governmental entity shall be authorized only to provide service in

a service needs area.

(3) All costs associated with planning, installing, and

maintaining collocation equipment are the responsibility of the

public safety agency or person requesting permission for

collocation. Costs associated with collocating on the Michigan

public safety communications system paid by a public safety agency

shall be comparable to the costs charged to other public safety

agencies. Costs associated with collocating on the Michigan public

safety communications system paid by a person other than a public

safety agency shall be comparable to the costs charged to other

persons that are not a public safety agency.

(4) Except as otherwise provided in this subsection, a

governmental entity may collocate on the Michigan public safety

communications system. Until 3 years after the effective date of

the amendatory act that added this subsection, a governmental

entity that is not a public safety agency shall not collocate on

the Michigan public safety communications system for any commercial

or business purpose. Beginning 3 years after the effective date of

the amendatory act that added this subsection, a governmental

entity that is not a public safety agency may collocate on the

Michigan public safety communications system for a commercial or

business purpose only to provide service in a service needs area.

(5) The department of technology, management, and budget shall

use any money collected from collocation leasing of the Michigan

public safety communications system for the construction or

maintenance of the Michigan public safety communications system

including the payment of debt service for bonds that finance the

construction or maintenance of the Michigan public safety

communications system.

(6) The department of technology, management, and budget shall

not allow a public safety agency or person access to a tower for

installation, attachment, maintenance, or any other purpose without

the supervision of an appropriate employee of the department of

technology, management, and budget. The department of technology,

management, and budget shall perform an inspection following any

installation of collocation equipment to ensure that the integrity

of the Michigan public safety communications system has not been

compromised.

(7) The director of the department of technology, management,

and budget and the director of the department of state police shall

jointly deny a public safety agency or person permission to

install, attach, or continue to collocate equipment to a tower

constructed under this act if the director of the department of

technology, management, and budget and the director of the

department of state police, or their designees, jointly determine

that the installation, attachment, or continued collocation will

interfere with the optimum operation of the Michigan public safety

communications system or any current or planned public safety

communications collocated on a tower.

(8) As used in this section:

(a) "Collocate" means to place or install wireless

communications equipment or network components used in the

provision of wireless communications services, including, but not

limited to, antennas, transmitters, receivers, base stations,

equipment shelters, cabinets, emergency generators, power supply

cabling, and coaxial and fiber optic cable, on or in the real or

personal property or towers used in the operation and maintenance

of the Michigan public safety communications system.

(b) "Commercial or business purpose" does not include those

uses of the Michigan public safety communications system approved

before the effective date of the amendatory act that added

subsection (3) or uses consistent with federal rules and

regulations in connection with the allocation of wireless spectrum

for public safety communication.

association, governmental entity, or any other legal entity.

(d) "Public safety agency" means a functional division of a

public agency, county, or this state that provides firefighting,

law enforcement, ambulance, medical, or other emergency services.

(e) "Service needs area" means an area determined by the

connect Michigan broadband service industry survey for the state of