February 12, 2013, Introduced by Reps. Haines, Shirkey, Foster, Kesto, Schmidt, Kowall, Jacobsen, Haugh, Lane, Crawford, Franz, Outman and Rendon and referred to the Committee on Energy and Technology.
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
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 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 may authorize any governmental
public safety
agency
person to utilize the Michigan public safety communications
system for communications consistent with rules issued by the
federal communications commission or to utilize the Michigan public
safety communications system for colocations.
(3) All costs associated with planning, installing, and
maintaining colocation equipment are the responsibility of the
person requesting permission for colocation. Costs associated with
colocating on the Michigan public safety communications system paid
by a person requesting permission to colocate shall be comparable
to the costs charged to other persons requesting to colocate.
(4) The department of technology, management, and budget shall
use any money collected from leasing the Michigan public safety
communications system for the payment of debt service for bonds
that finance the construction or maintenance of the Michigan public
safety communications system.
(5) The director of the department of technology, management,
and budget may deny a person permission to install, attach, or
continue to colocate equipment to a tower constructed under this
act if the director of the department of technology, management,
and budget or his or her designee determines that the installation,
attachment, or continued colocation will interfere with the optimum
operation of the Michigan public safety communications system or
any public safety communications colocated on a tower.
(6) As used in this section:
(a) "Colocate" 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, towers, buildings, equipment, or other related
facilities and fixtures used in the operation and maintenance of
the Michigan public safety communications system.
(b) "Person" means an individual, corporation, partnership,
association, governmental entity, or any other legal entity.