HomeMy WebLinkAboutResolutions - 2017.06.15 - 22986MISCELLANEOUS RESOLUTION #17178 June 15, 2017
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS — SUPPORT HB 4651 AND SB 400 — AMEND PUBLIC ACT 32
OF 1986, EMERGENCY TELEPHONE SERVICE ENABLING ACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Michigan House Bill 4651 and Senate Bill 400 have been introduced in the Michigan
Legislature, which would amend Public Act 32 of 1986 entitled the "Emergency Telephone Service
Enabling Act"; and
WHEREAS these bills would amend the funding system for 9-1-1 so that all communication devices that
have access to 9-1-1, including prepaid wireless devices, contribute equally to the funding of 9-1-1
operations; and
WHEREAS these bills provide a stable funding source for the counties to support their migration to Next
Generation 9-1-1 and ongoing operational levels of service for 9-1-1 to its residents; and
WHEREAS these bills afford the State and Counties collecting 9-1-1 fees a mechanism for court action
should any service providers fail to collect and remit the fees; and
WHEREAS these bills have a mechanism that provides the necessary checks and balances to ensure
revenues generated are used for authorized expenditures for 9-1-1 services; and
WHEREAS these authorized expenditures are limited to those directly related to receiving and processing
9-1-1 calls and the subsequent dispatching of responders via a public safety radio; and
WHEREAS such limitation of expenditures has historically met the criteria established through the courts
to define 9-1-1 surcharge as a fee for service directly related to telephone services; and
WHEREAS any attempt to amend HB4651 and SB400 for other State of Michigan general fund purposes
not directly related to 9-1-1 may not meet the criteria of a fee for service and could be viewed as a tax
increase for the residents of Oakland County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
offer our support of HB4651 and SB400 as introduced.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners opposes amending
HB4651 and SB400 to include any additional State of Michigan taxes on telephone service customers
under the guise of 9-1-1 surcharge.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward
copies of this adopted resolution to the Governor of the State of Michigan, the Oakland County members
of the Michigan congressional delegation, the members of the State House Communications and
Technology Committee and the members of the State Senate Energy and Technology Committee.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
Resolution.
a L
Commissicirier Christine Long, District
Chairperson, General Government C
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried on a roll call vote with Gershenson, Woodward and Quarles voting no.
mi tee
HOUSE BILL No. 4651
May 24, 2017, Introduced by Reps. Sheppard and Inman and referred to the Committee on
Communications and Technology.
A bill to amend 1986 PA 32, entitled
"Emergency 9-1-1 service enabling act,"
by amending sections 102, 201, 312, 401a, 401b, 401c, 403, 406,
407, and 408 (MCL 484.1102, 484.1201, 484.1312, 484.1401a,
484.1401b, 484.1401c, 484.1403, 484.1406, 484.1407, and 484.1408),
sections 102, 401a, and 401b as amended by 2012 PA 260, sections
201 and 312 as amended by 2007 PA 164, section 401c as amended by
2012 PA 433, sections 403, 406, and 407 as amended by 2007 PA 165,
and section 408 as amended by 2013 PA 113.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 102. As used in this act:
2 (a) "Automatic location identification" or "ALI" means a 9-1-1
ro5 3 service feature provided by the service supplier that automatically
111
00 4 provides the name and service address or, for a CMRS service
0 5
supplier, the location associated with the calling party's 1.9917 -0N 1119 3S110H 02198'17 KHS
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1 telephone number as identified by automatic number identification
2 to a 9-1-1 public safety answering point.
3 (b) "Automatic number identification" or "ANT" means a 9-1-1
4 service feature provided by the service supplier that automatically
5 provides the calling party's telephone number to a 9-1-1 public
6 safety answering point.
7 (c) "Commercial mobile radio service" or "CMRS" means
8 commercial mobile radio service regulated under section 3 of title
9 I and section 332 of title III of the communications act of 1934,
10 chapter 652, 48 Stat. STAT 1064, 47 USC 153 and 332, and the rules
11 of the federal communication., commission FEDERAL COMMUNICATIONS
12 COMMISSION or provided under the wireless emergency service order.
13 Commercial mobile radio service or CMRS includes all of the
14 following:
15 (i) A wireless 2-way communication device, including a radio
16 telephone used in cellular telephone service or personal
17 communication service.
18 (ii) A functional equivalent of a radio telephone
19 communications line used in cellular telephone service or personal
20 communication service.
21 (iii) A network radio access line.
22 (d) "Commission" means the Michigan public service commission.
23 (e) "Committee" means the emergency 9-1-1 service committee
24 created under section 712.
25 (f) "Common network costs" means the costs associated with the
26 common network required to deliver a 9-1-1 call with ALI and ANT
27 from a selective router to the proper PSAP and the costs associated
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1 with the 9-1-1 database and data distribution system of the primary
2 9-1-1 service supplier identified in a county 9-1-1 plan. As used
3 in this subdivision, "common network" means the elements of a
4 service supplier's network that are not exclusive to the supplier
5 or technology capable of accessing the 9-1-1 system.
6 (g) "Communication service" means a service capable of
7 accessing, connecting with, or interfacing with a 9-1-1 system,
8 exclusively through the numerals 9-1-1, by dialing, initializing,
9 or otherwise activating the 9-1-1 system through the numerals 9-1-1
10 by means of a local telephone device, cellular telephone device,
11 wireless communication device, interconnected voice over the
12 internet device, or any other means.
13 (h) "CMRS connection" means each number assigned to a CMRS
14 customer.
15 (i) "Consolidated dispatch" means a countywide or regional
16 emergency dispatch service that provides dispatch service for 75%
17 or more of the law enforcement, fire fighting, emergency medical
18 service, and other emergency service agencies within the
19 geographical area of a 9-1-1 service district or serves 75% or more
20 of the population within a 9-1-1 service district.
21 (j) "County 9-1-1 charge" means the charge allowed under
22 sections 401b and 401e.
23 (k) "Database service provider" means a service supplier who
24 maintains and supplies or contracts to maintain and supply an ALI
25 database or an MSAG.
26 (1) "Direct dispatch method" means that the agency receiving
27 the 9-1-1 call at the public safety answering point decides on the
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1 proper action to be taken and dispatches the appropriate available
2 public safety service unit located closest to the request for
3 public safety service.
4 (m) "Emergency response service" or "ERS" means a public or
5 private agency that responds to events or situations that are
6 dangerous or that are considered by a member of the public to
7 threaten the public safety. An emergency response service includes
8 a police or fire department, an ambulance service, or any other
9 public or private entity trained and able to alleviate a dangerous
10 or threatening situation.
11 (n) "Emergency service zone" or "ESZ" means the designation
12 assigned by a county to each street name and address range that
13 identifies which emergency response service is responsible for
14 responding to an exchange access facility's premises.
15 (o) "Emergency telephone charge" means the emergency telephone
16 operational charge and emergency telephone technical charge allowed
17 under section 401.
18 (p) "Emergency 9-1-1 district" or "9-1-1 service district"
19 means the area in which 9-1-1 service is provided or is planned to
20 be provided to service users under a 9-1-1 system implemented under
21 this act.
22 (q) "Emergency 9-1-1 district board" means the governing body
23 created by the board of commissioners of the county or counties
24 with authority over an emergency 9-1-1 district.
25 (r) "Emergency telephone operational charge" means a charge
26 allowed under section 401 for nonnetwork technical equipment and
27 other costs directly related to the dispatch facility and the
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1 operation of 1 or more PSAPs including, but not limited to, the
2 costs of dispatch personnel and radio equipment necessary to
3 provide 2-way communication between PSAPs and a public safety
4 agency. Emergency telephone operational charge does not include
5 non-PSAP related costs such as response vehicles and other
6 personnel.
7 (s) "Emergency telephone technical charge" means a charge as
8 allowed under section 401 or 401d for costs directly related to 9-
9 1-1 service including plant-related costs associated with the use
10 of the public switched telephone network from the end user to the
11 selective router, the network start-up costs, customer notification
12 costs, common network costs, administrative costs, database
13 management costs, and network nonrecurring and recurring
14 installation, maintenance, service, and equipment charges of a
15 service supplier providing 91-1 service under this act. Emergency
16 telephone technical charge does not include costs recovered under
17 sections 401b(10) and 408(2).
18 (t) "Exchange access facility" means the access from a
19 particular service user's premises to the communication service.
20 Exchange access facilities include service supplier provided access
21 lines, PBX trunks, and centrex line trunk equivalents, all as
22 defined by tariffs of the service suppliers as approved by the
23 public service commission. Exchange access facilities do not
24 include telephone pay station lines or WATS, FX, or incoming only
25 lines.
26 (u) "Final 9-1-1 service plan" means a tentative 9-1-1 service
27 plan that has been modified only to reflect necessary changes
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1 resulting from any failure of public safety agencies to be
2 designated as PSAPs or secondary PSAPs under section 307.
3 00 "IP-BASED 9-1-1 SERVICE PROVIDER" MEANS THE PROVIDER OF A
4 STANDARDS-BASED DIGITAL (INTERNET PROTOCOL) SECURE REDUNDANT
5 MANAGED 9-1-1 TRANSPORT NETWORK USED FOR THE ROUTING AND DELIVERY
6 OF 9-1-1 CONNECTIVITY WITH LOCATION INFORMATION FROM A PARTY
7 REQUESTING EMERGENCY SERVICES TO A PSAP. AN IP-BASED 9-1-1 NETWORK
8 CAN INTERFACE WITH OTHER NETWORKS AND TRANSPORT OTHER EMERGENCY
9 SERVICES APPLICATIONS. AN IP-BASED 9-1-1 NETWORK MAY BE CONSTRUCTED
10 FROM A MIX OF DEDICATED AND SHARED FACILITIES OR NETWORKS, AND MAY
11 BE INTERCONNECTED AT LOCAL, REGIONAL, STATE, FEDERAL, NATIONAL, AND
12 INTERNATIONAL LEVELS TO FORM AN IP-BASED INTER-NETWORK OR INTRA-
13 NETWORK OF 9-1-1 CONNECTIVITY.
14 On (v) "Master street address guide" or "MSAG" means a
15 perpetual database that contains information continuously provided
16 by a service district that defines the geographic area of the
17 service district and includes an alphabetical list of street names,
18 the range of address numbers on each street, the names of each
19 community in the service district, the emergency service zone of
20 each service user, and the primary service answering point
21 identification codes.
22 00 (w) "Obligations" means bonds, notes, installment purchase
23 contracts, or lease purchase agreements to be issued by a public
24 agency under a law of this state.
25 (Y) (x) "Person" means an individual, corporation,
26 partnership, association, governmental entity, or any other legal
27 entity.
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1 (Z) (y) "Prepaid wireless telecommunications service" means a
2 commercial mobile radio service that allows a caller to dial 9-1-1
3 to access the 9-1-1 system and is paid for in advance and sold in
4 predetermined units or dollars of which the number declines with
5 use in a known amount.
6 (z) "Primary public safety answering point", "PSAP", or
7 "primary PSAP" means a communications facility operated or answered
8 on a 24-hour basis assigned responsibility by a public agency or
9 county to receive 9-1-1 calls and to dispatch public safety
10 response services, as appropriate, by the direct dispatch method,
11 relay method, or transfer method. It is the first point of
12 reception by a public safety agency of a 9-1-1 call and serves the
13 jurisdictions in which it is located and other participating
14 jurisdictions, if any.
15 (BB) (an) "Prime rate" means the average predominant prime
16 rate quoted by not less than 3 commercial financial institutions as
17 determined by the department of treasury.
18 (CC) (bb) "Private safety entity" means a nongovernmental
19 organization that provides emergency fire, ambulance, or medical
20 services.
21 (DD) (cc) "Public agency" means a village, township, charter
22 township, or city within the state and any special purpose district
23 located in whole or in part within the state.
24 (EE) (dd) "Public safety agency" means a functional division
25 of a public agency, county, or the state that provides fire
26 fighting, law enforcement, ambulance, medical, or other emergency
27 services.
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1 (FF) (cc) "Qualified obligations" means obligations that meet
2 1 or more of the following:
3 (1) The proceeds of the obligations benefit the 9-1-1
4 district, and for which all of the following conditions are met:
5 (A) The proceeds of the obligations are used for capital
6 expenditures, costs of a reserve fund securing the obligations, and
7 costs of issuing the obligations. The proceeds of obligations ohall
8 MUST not be used for operational expenses.
9 (13) The weighted average maturity of the obligations does not
10 exceed the useful life of the capital assets.
11 (C) The obligations shall DO not in whole or in part
12 appreciate in principal amount or be—ARE NOT sold at a discount of
13 more than 10%.
14 (i0 The obligations are issued to refund obligations that
15 meet the conditions described in subparagraph (i) and the net
16 present value of the principal and interest to be paid on the
17 refunding obligations, excluding the cost of issuance, will be less
18 than the net present value of the principal and interest to be paid
19 on the obligations being refunded, as calculated using a method
20 approved by the department of treasury.
21 (GG) (ff) "Relay method" means that a PSAP notes pertinent
22 information and relays it by a communication service to the
23 appropriate public safety agency or other provider of emergency
24 services that has an available emergency service unit located
25 closest to the request for emergency service for dispatch of an
26 emergency service unit.
27 (HR) (gg) "Secondary public safety answering point" or
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1 "secondary PSAP" means a communications facility of a public safety
2 agency or private safety entity that receives 9-1-1 calls by the
3 transfer method only and generally serves as a centralized location
4 for a particular type of emergency call.
5 (II) (hh) "Service supplier" means a person providing a
6 communication service to a service user in this state.
7 (JJ) (ii) "Service user" means a person receiving a
8 communication service.
9 (KK) (jj) "State 9-1-1 charge" means the charge provided for
10 under section 401a.
11 on 0(10 "Tariff" means the rate approved by the public
12 service commission for 9-1-1 service provided by a particular
13 service supplier. Tariff does not include a rate of a commercial
14 mobile radio service by a particular supplier.
15 (MM) (11) "Tentative 9-1-1 service plan" means a plan prepared
16 by 1 or more counties for implementing a 9-1-1 system in a
17 specified 9-1-1 service district.
18 (NN) (mm) "Transfer method" means that a PSAP transfers the 9-
19 1-1 call directly to the appropriate public safety agency or other
20 provider of emergency service that has an available emergency
21 service unit located closest to the request for emergency service
22 for dispatch of an emergency service unit.
23 (00) (nn) "Universal emergency number service" or "9-1-1
24 service" means public communication service that provides service
25 users with the ability to reach a public safety answering point by
26 dialing the digits "9-1-1".
27 (PP) (oo) "Universal emergency number service system" or "9-1-
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1 1 system" means a system for providing 9-1-1 service under this
2 act.
3 (QQ) (pp) "Wireless emergency service order" means the order
4 of the federal communications commission, FCC docket No. 94-102,
5 adopted June 12, 1996 with an effective date of October 1, 1996.
6 Sec. 201. (1) An emergency 9-1-1 service system shall not he
7 implemented in this state except as provided under this act.
8 (2) One or more counties may create an emergency 9-1-1 service
9 system under this act.
10 (3) With the approval of the county board of commissioners in
11 a county with a population of 1,800,000 1,650,000 or more, 4 or
12 more cities may create an emergency 9-1-1 service district under
13 this act.
14 (4) Each service supplier in this state is required to provide
15 each of its service users access to the 9-1-1 system. Each service
16 supplier shall provide the committee with contact information to
17 allow for notifications as required under section 714.
18 Sec. 312. (1) Except as otherwise provided under subsection
19 (2), after a final 9-1-1 service plan has been adopted under
20 section 310, a county may amend the final 9-1-1 service plan only
21 by complying with the procedures described in sections 301 to 310.
22 Upon adoption of an amended final 9-1-1 service plan by the county
23 board of commissioners, the county shall forward the amended final
24 9-1-1 service plan to the service supplier or suppliers designated
25 to provide 9-1-1 service within the 9-1-1 service district as
26 amended. Upon receipt of the amended final 9-1-1 service plan, each
27 designated service supplier shall implement as soon as feasible the
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1 amendments to the final 9-1-1 service plan in the 9-1-1 service
2 district as amended.
3 (2) The county board of commissioners may by resolution make
4 minor amendments to the final 9-1-1 service plan for any of the
5 following:
6 (a) Changes in PSAP premises equipment, including, but not
7 limited to, computer-aided dispatch systems, call processing
8 equipment, and computer mapping.
9 (b) Changes involving the participating public safety agencies
10 within a 9-1-1 service district.
11 (c) Changes in the 9-1-1 charges collected by the county
12 subject to the limits under this act.
13 (D) CHANGES IN 9-1-1 SERVICE PROVIDERS TO INCLUDE IP-BASED 9-
14 1-1 SERVICE PROVIDERS APPROVED BY THE COMMITTEE.
15 Sec. 401a. (1) Each service supplier within a 9-1-1 service
16 district shall bill and collect a state 9-1-1 charge from all
17 service users, except for users of a prepaid wireless
18 telecommunications service, of the service supplier within the
19 geographical boundaries of the 9-1-1 service district or as
20 otherwise provided by this section. The billing and c llocti n f
21 the state 9 1 1 charge shall begin July 1, 2008. The state 9-1-1
22 charge shall MUST be uniform per each service user within the 9-1-1
23 service district.
24 (2) The amount f the state 9-1-1 chargc payable m nthly by a
25 --z
26 The amount of the state 9 1 1 charge shall not be more than 25
27 cents or less than 15 cents. The charge may be adjusted annually as
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1 provided under subsccti n (4).
2 (2) (3) The state 9-1-1 charge shall MUST be collected in
3 accordance with the regular billings of the service supplier.
4 Except as otherwise provided under this act, the amount collected
5 for the state 9-1-1 charge shall MUST be remitted quarterly by the
6 service supplier to the state treasurer and deposited in the
7 emergency 9-1-1 fund created under section 407. The charge allowed
8 under this section shall MUST be listed separately on the
9 customer's bill or payment receipt or otherwise disclosed to the
10 consumer.
11 (3) (4) The initial state 9-1-1 charge shall be 19 IS 25 cents
12 and hall be effective July 1, 4008. 2017. The state 9-1-1 charge
13 shall MUST reflect the actual costs of operating, maintaining,
14 upgrading, and other reasonable and necessary expenditures for the
15 9-1-1 system in this state. The atatc 9 1 1 charge may be reviewed
16 and adjusted as provided under subsection (5).
17 (5) The c mmissi n in c nsultation with the eemmittcc hall
18 review and may adjust the state 9 1 1 charge under this section and
19 the distributi n percentages under section 108 to be effective n
20 009 and July 1. 2010 7‘ny adjustment to the charge by the
21 c mmissi n shall be made n later than Hay 1 of tbe preceding year
22 and shall be based n the committee's rcc mmcndati ns under section
23 412. Any adjustments to the state 9-1 1 charge r distribution
24 percentages after December 31, 2010 shall be made by the
25 legislature.
26 (4) (6) If a service user has multiple access points or access
27 lines, the state 9-1-1 charge will be imposed separately on each of
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1 the first 10 access points or access lines and then 1 charge for
2 each 10 access points or access lines per billed account.
3 (7) Th4.3 acction takcs effect July 1, 2008.
4 Sec. 401b. (1) In addition to the charge allowed under section
5 401a, after June 30, 2008 a county board of commissioners may
6 assess a county 9-1-1 charge to service users, except for users of
7 a prepaid wireless telecommunications service, located within that
8 county by 1 of the following methods:
9 (a) Up to $0.42 $0.55 per month by resolution.
10 (b) Up to $3.00 per month with the approval of the voters in
11 the county.
12 (c) Any combination of subdivisions (a) and (b) with a maximum
13 county 9-1-1 charge of $3.00 per month.
14 (2) A county assessing a county 9-1-1 charge amount approved
15 in the commission's order in case number U-15489 that exceeds the
16 amounts established in subsection (1) may continue to assess the
17 amount approved by the commission. Any proposed increase to the
18 amount approved in the commission order is subject to subsection
19 (1).
20 (3) The charge assessed under this section and section 401e
21 shall not exceed the amount necessary and reasonable to implement,
22 maintain, and operate the 9-1-1 system in the county.
23 (4) If the voters approve the charge to be assessed on the
24 service user's monthly bill on a ballot question under this
25 section, the service provider's bill shall MUST state the
26 following:
27 "This amount is for your 9-1-1 service which has been approved
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1 by the voters on (DATE OF VOTER APPROVAL). This is not a charge
2 assessed by your service supplier. If you have questions concerning
3 your 9-1-1 service, you may call (INCLUDE APPROPRIATE TELEPHONE
4 NUMBER).".
5 (5) Within 90 days after the first day of each fiscal or
6 calendar year of a county, an annual accounting shall MUST be made
7 of the charge approved under this section.
8 (6) Except as otherwise provided in subsection (10), the
9 county 9-1-1 charge collected under this section shall MUST be paid
10 quarterly directly to the county and distributed by the county to
11 the primary PSAPs by 1 of the following methods:
12 (a) As provided in the final 9-1-1 service plan.
13 (b) If distribution is not provided for in the plan, then
14 according to any agreement for distribution between the county and
15 public agencies.
16 (c) If distribution is not provided in the plan or by
17 agreement, then according to population within the emergency 9-1-1
18 district.
19 (V) Subject to subsection (1), the county may adjust the
20 county 9-1-1 charge annually to be effective July 1. The county
21 shall notify the committee no later than May 15 of each year of any
22 change in the county 9-1-1 charge under this section.
23 (8) If a county has multiple emergency response districts, the
24 county 9-1-1 charge collected under this section shall MUST be
25 distributed under subsection (6) in proportion to the population
26 within the emergency 9-1-1 district.
27 (9) This section shall DOES not preclude the distribution of
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1 funding to secondary PSAPs if the distribution is determined by the
2 primary PSAPs within the emergency 9-1-1 district to be the most
3 effective method for dispatching of fire or emergency medical
4 services and the distribution is approved within the final 9-1-1
5 service plan.
6 (10) The service supplier may retain 2% of the approved county
7 9-1-1 charge to cover the supplier's costs for billings and
8 collections under this section.
9 (11) The charge allowed under this section shall MUST be
10 listed separately on the customer's bill or otherwise disclosed to
11 the consumer and shall state by which means the charge was approved
12 under subsection (1).
13 (12) Information submitted by a service supplier to a county
14 under this section is exempt from the freedom of information act,
15 1976 PA 442, MCI, 15.231 to 15.246, and shall not be released by the
16 county SHALL NOT RELEASE THAT INFORMATION without the consent of
17 the service supplier. Unless required or permitted by statute,
18 court rule, subpoena, or court order, or except as necessary for a
19 county, the commission, committee, or public agency to pursue or
20 defend the public's interest in any public contract or litigation,
21 a county treasurer, the commission, committee, agency, or any
22 employee or representative of a PSAP, database administrator, or
23 public agency shall not divulge any information acquired with
24 respect to customers, revenues or expenses, trade secrets, access
25 line counts, commercial information, or any other proprietary
26 information with respect to a service supplier while acting or
27 claiming to act as an employee, agent, or representative. An
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1 aggregation of information that does not identify or effectively
2 identify the number of customers, revenues or expenses, trade
3 secrets, access lines, commercial information, and other
4 proprietary information attributable to a specific service supplier
5 may be made public.
6 (13) If a service user has multiple access points or access
7 lines, the county 9-1-1 charge will be imposed separately on each
8 of the first 10 access points or access lines and then 1 charge for
9 each 10 access points or access lines per billed account.
10 (14) A county 9-1-1 charge assessed under subsection (1) shall
11 MUST be used only to fund costs approved as allowable in a
12 published report by the committee before December 1, 2008. The
13 committee shall notify the standing committees of the senate and
14 house of representatives having jurisdiction over issues pertaining
15 to communication technology at least 90 days before modifying what
16 constitutes an allowable cost under this subsection.
17 Sec. 401c. (1) A seller shall collect a prepaid wireless 9-1-1
18 surcharge from a consumer for each retail transaction occurring in
19 this state.
20 (2) The amount of the prepaid wireless 9-1-1 surcharge shall
21 be 1.921 IS 4.19% per retail transaction. The charge allowed under
22 this section shall MUST be either separately stated on an invoice,
23 receipt, or other similar document that is provided to a consumer
24 by the seller or otherwise disclosed to the consumer.
25 (3) Each of the following transactions is considered to have
26 occurred in this state:
27 (a) A retail transaction that is effected in person by a
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1 consumer at a business location of a seller located in this state.
2 (h) A retail transaction that is treated as occurring in this
3 state as provided in section 3c of the use tax act, 1937 PA 94, MCL
4 205.93c, as that section applies to a prepaid wireless calling
5 service.
6 (4) A prepaid wireless 9-1-1 surcharge is the liability of the
7 consumer and not of the seller or of any provider.
8 (5) Except as otherwise provided in subsection (6), if a
9 prepaid wireless telecommunications service is sold with 1 or more
10 products or services for a single, nonitemized price, the seller
11 shall collect 1.92% 4.19% on the entire nonitemized price unless
12 the seller elects to do the following:
13 (a) If the amount of the prepaid wireless telecommunications
14 service is disclosed to the consumer as a dollar amount, apply the
15 percentage to that dollar amount.
16 (b) If the seller can identify the portion of the price that
17 is attributable to the prepaid wireless telecommunications service
18 by reasonable and verifiable standards from its books and records
19 that are kept in the regular course of business for other purposes
20 including, but not limited to, nontax purposes, apply the
21 percentage to that portion.
22 (6) If a minimal amount of prepaid wireless telecommunications
23 service is sold with a prepaid wireless device for a single,
24 nonitemized price, a seller may elect not to apply the percentage
25 specified in subsection (5)(a) to that transaction. As used in this
26 subsection, "minimal amount" means an amount of service denominated
27 as 10 minutes or less or $5.00 or less.
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1 (7) The SELLER SHALL REMIT THE prepaid wireless 9-1-1
2 surcharge shall be remitted monthly by the scllcr to the state
3 treasurer al=1€i-ele-pe-54-te-d-WHO SHALL DEPOSIT IT in the emergency 9-1-1
4 fund created in section 407.
5 (8) A seller may retain 2% of prepaid wireless 9-1-1
6 surcharges that are collected by the seller to reimburse the seller
7 for its direct costs in collecting and remitting the prepaid
8 wireless 9-1-1 surcharges.
9 (9) A provider or seller of prepaid wireless
10 telecommunications service is not liable for damages to any person
11 resulting from or incurred in connection with the provision of, or
12 failure to provide, 9-1-1 service or for identifying or failing to
13 identify the telephone number, address, location, or name
14 associated with any person or device that is accessing or
15 attempting to access 9-1-1 service.
16 (10) A provider or seller of prepaid wireless
17 telecommunications service is not liable for damages to any person
18 resulting from or incurred in connection with the provision of any
19 lawful assistance to any investigative or law enforcement officer
20 of the United States, this state, or any other state in connection
21 with any lawful investigation or other law enforcement activity by
22 that law enforcement officer.
23 (11) As used in this section:
24 (a) "Consumer" means a person who purchases prepaid wireless
25 telecommunications services in a retail transaction.
26 (b) "Department" means the Michigan department of treasury.
27 (c) "Prepaid wireless 9-1-1 surcharge" means the fee that is
02198'17 KHS
19
1 required to be collected by a seller from a consumer in the amount
2 established under subsection (2).
3 (d) "Provider" means a person that provides prepaid wireless
4 telecommunications services under a license issued by the federal
5 communications c mmission.FEDERAL COMMUNICATIONS COMMISSION.
6 (e) "Retail transaction" means the purchase of prepaid
7 wireless telecommunications service from a seller for any purpose
8 other than resale.
9 (f) "Seller" means a person who sells prepaid wireless
10 telecommunications service to another person.
11 Sec. 403. (1) Each service supplier ,shall be IS solely
12 responsible for the billing of the state and county 9-1-1 charge
13 and the transmittal of TRANSMITTING THE money collected to the
14 emergency 9-1-1 fund and to the counties as required under this
15 act.
16 (2) THE ATTORNEY GENERAL MAY COMMENCE A CIVIL ACTION ON BEHALF
17 OF THE COMMITTEE AGAINST A SERVICE SUPPLIER, CMRS SUPPLIER,
18 RESELLER, OR RETAILER FOR APPROPRIATE RELIEF FOR FAILURE TO REPORT,
19 CHARGE, COLLECT, AND TRANSMIT THE STATE 9-1-1 CHARGES IN SECTIONS
20 401A AND 401C. AN ACTION UNDER THIS SUBSECTION MAY BE BROUGHT IN
21 THE INGHAM COUNTY CIRCUIT COURT OR THE CIRCUIT COURT IN A COUNTY IN
22 WHICH THE DEFENDANT RESIDES OR IS DOING BUSINESS. THE COURT HAS
23 JURISDICTION TO RESTRAIN THE VIOLATION AND TO REQUIRE COMPLIANCE
24 WITH THIS SECTION.
25 (3) A COUNTY OR 9-1-1 SERVICE DISTRICT MAY COMMENCE A CIVIL
26 ACTION AGAINST A SERVICE SUPPLIER, CMRS SUPPLIER, OR RESELLER FOR
27 APPROPRIATE RELIEF FOR FAILURE TO REPORT, CHARGE, COLLECT, AND
02198'17 KHS
20
1 TRANSMIT THE 9-1-1 CHARGE IN SECTION 401B. AN ACTION UNDER THIS
2 SUBSECTION MAY BE BROUGHT IN THE CIRCUIT COURT OF THE COUNTY
3 RECEIVING THE 9-1-1 CHARGE OR IN THE CIRCUIT COURT IN A COUNTY IN
4 WHICH THE DEFENDANT RESIDES OR IS DOING BUSINESS. THE COURT HAS
5 JURISDICTION TO RESTRAIN THE VIOLATION AND TO REQUIRE COMPLIANCE
6 WITH THIS SECTION.
7 Sec. 406. (1) The funds collected and expended under this act
8 shall MUST be expended exclusively for 9-1-1 services and in
9 compliance with the rules promulgated under section 413.
10 (2) Each COUNTY, PSAP, or secondary PSAP THAT RECEIVES MONEY
11 UNDER THIS ACT shall assure that fund accounting, auditing,
12 monitoring, and evaluation procedures are provided as required by
13 this act and the rules promulgated under this act.
14 (3) An annual audit shall MUST be conducted by an independent
15 auditor using generally accepted accounting principles and copies
16 of the annual audit shall MUST be made available for public
17 inspection.
18 (4) An increase in the charges allowed under this act shall
19 MUST not be authorized or expended for the next fiscal year unless
20 according to the most recently completed annual audit the
21 expenditures are in compliance with this act.
22 (5) The receipt of 9-1-1 funds under this act is dependent on
23 compliance with the standards established by the commission under
24 section 413.
25 Sec. 407. (1) The emergency 9-1-1 fund is created within the
26 state treasury.
27 (2) The state treasurer may receive money or other assets as
02198'17 KHS
21
1 provided under this act and from any source for deposit into the
2 fund. Money may be deposited into the fund by electronic funds
3 transfer. Money in the CMRS emergency telephone fund on the
4 cffcctivc date of the amendatory act that added section 4-01a shall
5 JULY 1, 2008 MUST be deposited into the fund and expended as
6 provided by this act. The state treasurer shall direct the
7 investment of the fund. The state treasurer shall credit to the
8 fund interest and earnings from fund investments.
9 (3) Money in the fund at the close of the fiscal year shall
10 rema inREMAINS in the fund and shall DOES not lapse to the general
11 fund.
12 (4) The department of treasury shall expend money from the
13 fund only as provided in this act. The disbursement of money may be
14 by electronic funds transfer.
15 (5) The auditor general shall audit the fund at least
16 annually.BIENNIALLY.
17 Sec. 408. (1) Except as otherwise provided under this act, a
18 service supplier shall bill and collect a state 9-1-1 service.
19 charge per month as determined under section 401a. The service
20 supplier shall list the state 9-1-1 service charge authorized under
21 this act as a separate line item on each bill . The service charge
22 shall be listed n the bill as the "state 9-1-1 charge".
23 (2) Each service supplier may retain 2% of the state 9-1-1
24 charge collected under this act to cover the supplier's costs for
25 billing and collection.
26 (3) Except as otherwise provided under subsection (2), the
27 money collected as the state 9-1-1 charge under subsection (1)
02198'17 KHS
22
1 shall MUST be deposited in the emergency 9-1-1 fund created in
2 section 407 no later than 30 days after the end of the quarter in
3 which the state 9-1-1 charge was collected.
4 (4) Except as thcrwisc provided under section 401a(5), all
5 ALL money collected and deposited in the emergency 9-1-1 fund
6 created in section 407 shall MUST be distributed as PROVIDED IN
7 THIS SECTION. ANNUAL MONEY IN THE FUND NOT EXCEEDING $37,000,000.00
8 MUST BE DISTRIBUTED AS follows:
9 (a) 82.5% shall 65% MUST be disbursed to each county that has
10 a final 9-1-1 plan in place. Forty percent of the 82.5% shall 65%
11 MUST be distributed quarterly on an equal basis to each county, and
12 60% of the 82.5% shall 65% MUST be distributed quarterly based on a
13 population per capita basis. Money A COUNTY SHALL ONLY USE MONEY
14 received by e—THE county under this subdivision shall nly be used
15 for 9-1-1 services as allowed under this act. Meftet—A COUNTY SHALL
16 REPAY TO THE FUND ANY MONEY expended under this subdivision for a
17 purpose considered unnecessary or unreasonable by the committee or
18 the auditor general. shall bc repaid to thc fund.
19 (b) 7.75% shall 3.5% MUST be available to reimburse local
20 exchange providers for the costs related to wireless emergency
21 service. Any cost reimbursement allowed under this subdivision
22 shall MUST not include a cost that is not related to wireless
23 emergency service. A local exchange provider may submit an invoice
24 to the commission for reimbursement from the emergency 9-1-1 fund
25 for allowed costs. Within 45 days after the date an invoice is
26 submitted to the commission, the commission shall approve, either
27 in whole or in part, or deny the invoice.
02198'17 KHS
23
1 (e) 6.0% shall 5.5% MUST be available to PSAPs for training
2 personnel assigned to 9-1-1 centers. A PUBLIC SAFETY AGENCY OR
3 COUNTY SHALL MAKE A written request for money from the fund shall
4 bc madc by a public aafcty agcncy r c unty to the committee. The
5 committee shall semiannually authorize distribution of money from
6 the fund to eligible public safety agencies or counties. A public
7 safety agency or county that receives money under this subdivision
8 shall create, maintain, and make available to the committee upon
9 request a detailed record of expenditures relating to the
10 preparation, administration, and carrying out of activities of its
11 9 -1 -1 training program. Money AN ELIGIBLE PUBLIC SAFETY AGENCY OR
12 COUNTY SHALL REPAY TO THE FUND ANY MONEY expended by an cligiblc
13 THAT public safety agency or county for a purpose considered
14 unnecessary or unreasonable by the committee or the auditor
15 general. shall iac repaid to the fund. The commission shall consult
16 with and consider the recommendations of the committee in the
17 promulgation of rules under section 413 establishing training
18 standards for 9-1-1 system personnel. Money shall MUST be disbursed
19 on a biannual basis to an eligible public safety agency or county
20 for training of PSAP personnel through courses certified by the
21 committee only for either of the following purposes:
22 (0 To provide basic 9-1-1 operations training.
23 U0 To provide in-service training to employees engaged in 9-
24 1-1 service.
25 (d) 1.88% shall 1.5% MUST be credited to the department of
26 state police to operate a regional dispatch center that receives
27 and dispatches 9-1-1 calls, and 1.87% shall 3% MUST be credited to
02198'17 EHS
24
1 the department of state police for costs to administer this act and
2 to maintain the office of the state 9-1-1 coordinator.
3 (E) 21.5% SHALL BE AVAILABLE FOR REIMBURSEMENT BY THE
4 COMMITTEE ONLY FOR THE FOLLOWING PURPOSES:
5 (0 GRANT MATCH FOR STATEWIDE OR REGIONAL IP-BASED 9-1-1
6 PROJECTS.
7 (i0 INVOICES SUBMITTED BY COMMITTEE-APPROVED IP-BASED 9-1-1
8 SERVICE PROVIDERS FOR THE COSTS RELATED TO IP-BASED 9-1-1 EMERGENCY
9 SERVICE.
10 (5) F r fiscal ycar 2010 2011 nly, an am unt n t to cxcccd
11 $1,700,000.00 is distributed to the dcpartmcnt of state police f r
12 an integratcd ID bascd 9 1 1 mapping systcm in this state. Thc
13 m ncy distributed under this subsccti n is for the restricted
14 purpose of matching funds for the statc's award of a grant under
15 the grant pr gram establishod under the federal cnauring needed
16 help arrives near callers employing 911 act f 2004 to be used
17
18 based 9 1 1 mapping system. 2111 c sts associated with the state
19 integrated IP based 9 1 1 mapping system including, but n t limited
20 to, its c nstruction, administration, and maintenance shall only be
21 paid fr m money distributed under this subsocti n and any fcderal
22 grant mono
23 (6) -From m ncy n t distributed to local exchange pr viders
24
25
26 B-e
e—ei-eee
e-e-e
0. 000.00
27 subsecti n d cc n t apply after September 30, 2015.
02198'17 KHS
25
1 (5) AN IP-BASED 9-1-1 SERVICE PROVIDER THAT HAS BEEN APPROVED
2 BY THE COMMITTEE AS MEETING STANDARDS-BASED CRITERIA SET BY THE
3 COMMITTEE MAY SUBMIT AN INVOICE TO THE COMMITTEE FOR REIMBURSEMENT
4 FROM THE EMERGENCY 9-1-1 FUND FOR ALLOWED COSTS. WITHIN 90 DAYS
5 AFTER THE DATE AN INVOICE IS SUBMITTED TO THE COMMITTEE, THE
6 COMMITTEE SHALL APPROVE, EITHER IN WHOLE OR IN PART, OR DENY THE
7 INVOICE. ANY COST REIMBURSEMENT ALLOWED UNDER THIS SUBDIVISION MUST
8 NOT INCLUDE A COST THAT IS NOT RELATED TO IP-BASED 9-1-1 EMERGENCY
9 SERVICE.
10 (6) THE COMMITTEE SHALL ESTABLISH A SUBCOMMITTEE TO REVIEW
11 INVOICES SUBMITTED BY IP-BASED 9-1-1 SERVICE PROVIDERS AND MAKE
12 RECOMMENDATIONS TO THE COMMITTEE FOR APPROVAL OR DENIAL OF PAYMENT.
13 THE SUBCOMMITTEE WILL REMOVE IP-BASED 9-1-1 SERVICE PROVIDER
14 INFORMATION THAT IS CONSIDERED CONFIDENTIAL OR PROPRIETARY.
15 (7) FUNDS GENERATED BY THE FEE IN SECTION 401A IN EXCESS OF
16 $37,000,000.00 ANNUALLY MUST BE RESERVED FOR DISTRIBUTION COMMITTEE
17 APPROVED COSTS UNDER SUBSECTION (4)(E).
18 (8) (7) Money received by a county under subsection (4)(a)
19 shall MUST be distributed by the county to the primary PSAPs
20 geographically located within the 9-1-1 service district by 1 of
21 the following methods:
22 (a) As provided in the final 9-1-1 service plan.
23 (b) If distribution is not provided for in the 9-1-1 service
24 plan under subdivision (a), then according to any agreement for
25 distribution between a county and a public agency.
26 (c) If distribution is not provided for in the 9-1-1 service
27 plan under subdivision (a) or by agreement between the county and
02198'17 KHS
26
1 public agency under subdivision (b), then according to the
2 population within the geographic area for which the PSAP serves as
3 primary PSAP.
4 (d) If a county has multiple emergency 9-1-1 districts, money
5 for that county shall MUST be distributed as provided in the
6 emergency 9-1-1 districts' final 9-1-1 service plans.
7 (9) (8) The commission shall consult with and consider
8 recommendations of the committee in the promulgation of rules under
9 section 413 establishing the standards for the receipt and
10 expenditure of 9-1-1 funds under this act. Receipt of 9-1-1 funds
11 under this act is dependent on compliance with the standards
12 established under this subsection.
13 Enacting section 1. This amendatory act takes effect July 1,
14 2017.
02198'17 Final Page KHS
El 31VN2S 0017 "ON 11 SENATE BILL No. 400
6 z
—J 2
May 23, 2017, Introduced by Senator JONES and referred to the Committee on Energy and
Technology.
A bill to amend 1986 RA 32, entitled
"Emergency 9-1-1 service enabling act,"
by amending sections 102, 201, 312, 401a, 401b, 401c, 403, 406,
407, and 408 (MCL 484.1102, 484.1201, 484.1312, 484.1401a,
484.1401b, 484.1401c, 484.1403, 484.1406, 484.1407, and 484.1408),
sections 102, 401a, and 401b as amended by 2012 PA 260, sections
201 and 312 as amended by 2007 PA 164, section 40Ic as amended by
2012 PA 433, sections 403, 406, and 407 as amended by 2007 PA 165,
and section 408 as amended by 2013 PA 113.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 102. As used in this act:
(a) "Automatic location identification" or "ALI" means a 9-1-1
00 3 service feature provided by the service supplier that automatically
11.1 4 provides the name and service address or, for a CMRS service
<X
5 supplier, the location associated with the calling party's
co
02198 1 17 KHS
2
1 telephone number as identified by automatic number identification
2 to a 9-1-1 public safety answering point.
3 (b) "Automatic number identification" or "ANT" means a 9-1-1
4 service feature provided by the service supplier that automatically
5 provides the calling party's telephone number to a 9-1-1 public
6 safety answering point.
7 (c) "Commercial mobile radio service" or "CMRS" means
8 commercial mobile radio service regulated under section 3 of title
9 I and section 332 of title III of the communications act of 1934,
10 chapter 652, 48 Etat. STAT 1064, 47 USC 153 and 332, and the rules
11 of the -teiete-al—eemmunicationo commission FEDERAL COMMUNICATIONS
12 COMMISSION or provided under the wireless emergency service order.
13 Commercial mobile radio service or CMRS includes all of the
14 following:
15 (0 A wireless 2-way communication device, including a radio
16 telephone used in cellular telephone service or personal
17 communication service.
18 (ii) A functional equivalent of a radio telephone
19 communications line used in cellular telephone service or personal
20 communication service.
21 (iii) A network radio access line.
22 (d) "Commission" means the Michigan public service commission.
23 (e) "Committee" means the emergency 9-1-1 service committee
24 created under section 712.
25 (f) "Common network costs" means the costs associated with the
26 common network required to deliver a 9-1-1 call with ALI and ANI
27 from a selective router to the proper PSAP and the costs associated
02198'17 KHS
3
1 with the 9-1-1 database and data distribution system of the primary
2 9-1-1 service supplier identified in a county 9-1-1 plan. As used
3 in this subdivision, "common network" means the elements of a
4 service supplier's network that are not exclusive to the supplier
5 or technology capable of accessing the 9-1-1 system.
6 (g) "Communication service" means a service capable of
7 accessing, connecting with, or interfacing with a 9-1-1 system,
8 exclusively through the numerals 9-1-1, by dialing, initializing,
9 or otherwise activating the 9-1-1 system through the numerals 9-1-1
10 by means of a local telephone device, cellular telephone device,
11 wireless communication device, interconnected voice over the
12 internet device, or any other means.
13 (h) "CMRS connection" means each number assigned to a CMRS
14 customer.
15 (i) "Consolidated dispatch" means a countywide or regional
16 emergency dispatch service that provides dispatch service for 75%
17 or more of the law enforcement, fire fighting, emergency medical
18 service, and other emergency service agencies within the
19 geographical area of a 9-1-1 service district or serves 75% or more
20 of the population within a 9-1-1 service district.
21 (j) "County 9-1-1 charge" means the charge allowed under
22 sections 401b and 401e.
23 (k) "Database service provider" means a service supplier who
24 maintains and supplies or contracts to maintain and supply an ALI
25 database or an MSAG.
26 (1) "Direct dispatch method" means that the agency receiving
27 the 9-1-1 call at the public safety answering point decides on the
02198'17 KHS
4
1 proper action to be taken and dispatches the appropriate available
2 public safety service unit located closest to the request for
3 public safety service.
4 (m) "Emergency response service" or "ERS" means a public or
5 private agency that responds to events or situations that are
6 dangerous or that are considered by a member of the public to
7 threaten the public safety. An emergency response service includes
8 a police or fire department, an ambulance service, or any other
9 public or private entity trained and able to alleviate a dangerous
10 or threatening situation.
11 (n) "Emergency service zone" or "ESZ" means the designation
12 assigned by a county to each street name and address range that
13 identifies which emergency response service is responsible for
14 responding to an exchange access facility's premises.
15 (o) "Emergency telephone charge" means the emergency telephone
16 operational charge and emergency telephone technical charge allowed
17 under section 401.
18 (p) "Emergency 9-1-1 district" or "9-1-1 service district"
19 means the area in which 9-1-1 service is provided or is planned to
20 be provided to service users under a 9-1-1 system implemented under
21 this act.
22 (q) "Emergency 9-1-1 district board" means the governing body
23 created by the board of commissioners of the county or counties
24 with authority over an emergency 9-1-1 district.
25 (r) "Emergency telephone operational charge" means a charge
26 allowed under section 401 for nonnetwork technical equipment and
27 other costs directly related to the dispatch facility and the
02198'17 KHS
1 operation of 1 or more PSAPs including, but not limited to, the
2 costs of dispatch personnel and radio equipment necessary to
3 provide 2-way communication between PSAPs and a public safety
4 agency. Emergency telephone operational charge does not include
5 non-PSAP related costs such as response vehicles and other
6 personnel.
7 (s) "Emergency telephone technical charge" means a charge as
8 allowed under section 401 or 401d for costs directly related to 9-
9 1-1 service including plant-related costs associated with the use
10 of the public switched telephone network from the end user to the
11 selective router, the network start-up costs, customer notification
12 costs, common network costs, administrative costs, database
13 management costs, and network nonrecurring and recurring
14 installation, maintenance, service, and equipment charges of a
15 service supplier providing 9-1-1 service under this act. Emergency
16 telephone technical charge does not include costs recovered under
17 sections 401b(10) and 408(2).
18 (t) "Exchange access facility" means the access from a
19 particular service user's premises to the communication service.
20 Exchange access facilities include service supplier provided access
21 lines, PBX trunks, and centrex line trunk equivalents, all as
22 defined by tariffs of the service suppliers as approved by the
23 public service commission. Exchange access facilities do not
24 include telephone pay station lines or WATS, FX, or incoming only
25 lines.
26 (u) "Final 9-1-1 service plan" means a tentative 9-1-1 service
27 plan that has been modified only to reflect necessary changes
02198'17 KHS
6
1 resulting from any failure of public safety agencies to be
2 designated as PSAPs or secondary PSAPs under section 307.
3 (V) "IP-BASED 9-1-1 SERVICE PROVIDER" MEANS THE PROVIDER OF A
4 STANDARDS-BASED DIGITAL (INTERNET PROTOCOL) SECURE REDUNDANT
5 MANAGED 9-1-1 TRANSPORT NETWORK USED FOR THE ROUTING AND DELIVERY
6 OF 9-1-1 CONNECTIVITY WITH LOCATION INFORMATION FROM A PARTY
7 REQUESTING EMERGENCY SERVICES TO A PSAP. AN IF-BASED 9-1-1 NETWORK
8 CAN INTERFACE WITH OTHER NETWORKS AND TRANSPORT OTHER EMERGENCY
9 SERVICES APPLICATIONS. AN IP-BASED 9-1-1 NETWORK MAY BE CONSTRUCTED
10 FROM A MIX OF DEDICATED AND SHARED FACILITIES OR NETWORKS, AND MAY
11 BE INTERCONNECTED AT LOCAL, REGIONAL, STATE, FEDERAL, NATIONAL, AND
12 INTERNATIONAL LEVELS TO FORM AN IP-BASED INTER-NETWORK OR INTRA-
13 NETWORK OF 9-1-1 CONNECTIVITY.
14 (W) (v) "Master street address guide" or "SAG" means a
15 perpetual database that contains information continuously provided
16 by a service district that defines the geographic area of the
17 service district and includes an alphabetical list of street names,
18 the range of address numbers on each street, the names of each
19 community in the service district, the emergency service zone of
20 each service user, and the primary service answering point
21 identification codes.
22 (X) (w) "Obligations" means bonds, notes, installment purchase
23 contracts, or lease purchase agreements to be issued by a public
24 agency under a law of this state.
25 (Y) 00 "Person" means an individual, corporation,
26 partnership, association, governmental entity, or any other legal
27 entity.
02198'17 KHS
7
1 (Z) (y) "Prepaid wireless telecommunications service" means a
2 commercial mobile radio service that allows a caller to dial 9-1-1
3 to access the 9-1-1 system and is paid for in advance and sold in
4 predetermined units or dollars of which the number declines with
5 use in a known amount.
6 (AA) (z) "Primary public safety answering point", "PSAP", or
7 "primary PSAP" means a communications facility operated or answered
8 on a 24-hour basis assigned responsibility by a public agency or
9 county to receive 9-1-1 calls and to dispatch public safety
10 response services, as appropriate, by the direct dispatch method,
11 relay method, or transfer method. It is the first point of
12 reception by a public safety agency of a 9-1-1 call and serves the
13 jurisdictions in which it is located and other participating
14 jurisdictions, if any.
15 (BB) (an) "Prime rate" means the average predominant prime
16 rate quoted by not less than 3 commercial financial institutions as
17 determined by the department of treasury.
18 (CC) (bb) "Private safety entity" means a nongovernmental
19 organization that provides emergency fire, ambulance, or medical
20 services.
21 (DD) (cc) "Public agency" means a village, township, charter
22 township, or city within the state and any special purpose district
23 located in whole or in part within the state.
24 (EE) (dd) "Public safety agency" means a functional division
25 of a public agency, county, or the state that provides fire
26 fighting, law enforcement, ambulance, medical, or other emergency
27 services.
02198'17 KHS
8
1 (FF) (cc) "Qualified obligations" means obligations that meet
2 1 or more of the following:
3 (0 The proceeds of the obligations benefit the 9-1-1
4 district, and for which all of the following conditions are met:
5 (A) The proceeds of the obligations are used for capital
6 expenditures, costs of a reserve fund securing the obligations, and
7 costs of issuing the obligations. The proceeds of obligations shall
8 MUST not be used for operational expenses.
9 (B) The weighted average maturity of the obligations does not
10 exceed the useful life of the capital assets.
11 (C) The obligations shall DO not in whole or in part
12 appreciate in principal amount or be—ARE NOT sold at a discount of
13 more than 10%.
14 UO The obligations are issued to refund obligations that
15 meet the conditions described in subparagraph (1) and the net
16 present value of the principal and interest to be paid on the
17 refunding obligations, excluding the cost of issuance, will be less
18 than the net present value of the principal and interest to be paid
19 on the obligations being refunded, as calculated using a method
20 approved by the department of treasury.
21 (GG) (ff) "Relay method" means that a PSAP notes pertinent
22 information and relays it by a communication service to the
23 appropriate public safety agency or other provider of emergency
24 services that has an available emergency service unit located
25 closest to the request for emergency service for dispatch of an
26 emergency service unit.
27 (HH) (gg) "Secondary public safety answering point" or
02198 1 17 KHS
9
1 "secondary PSAP" means a communications facility of a public safety
2 agency or private safety entity that receives 9-1-1 calls by the
3 transfer method only and generally serves as a centralized location
4 for a particular type of emergency call.
5 (11) (hh) "Service supplier" means a person providing a
6 communication service to a service user in this state.
7 (JJ) (ii) "Service user" means a person receiving a
8 communication service.
9 (KK) (jj) "State 9-1-1 charge" means the charge provided for
10 under section 401a.
11 un (kk) "Tariff" means the rate approved by the public
12 service commission for 9-1-1 service provided by a particular
13 service supplier. Tariff does not include a rate of a commercial
14 mobile radio service by a particular supplier.
15 (MM) (11) "Tentative 9-1-1 service plan" means a plan prepared
16 by 1 or more counties for implementing a 9-1-1 system in a
17 specified 9-1-1 service district.
18 (NN) (mm) "Transfer method" means that a PSAP transfers the 9-
19 1-1 call directly to the appropriate public safety agency or other
20 provider of emergency service that has an available emergency
21 service unit located closest to the request for emergency service
22 for dispatch of an emergency service unit.
23 (00) (nn) "Universal emergency number service" or "9-1-1
24 service" means public communication service that provides service
25 users with the ability to reach a public safety answering point by
26 dialing the digits "9-1-1".
27 (PP) (oo) "Universal emergency number service system" or "9-1-
0219817 KHS
10
1 1 system" means a system for providing 9-1-1 service under this
2 act.
3 (QQ) (pp) "Wireless emergency service order" means the order
4 of the federal communications commission, FCC docket No. 94-102,
5 adopted June 12, 1996 with an effective date of October 1, 1996.
6 Sec. 201. (1) An emergency 9-1-1 service system shall not be
7 implemented in this state except as provided under this act.
8 (2) One or more counties may create an emergency 9-1-1 service
9 system under this act.
10 (3) With the approval of the county board of commissioners in
11 a county with a population of 1,800,000 1,650,000 or more, 4 or
12 more cities may create an emergency 9-1-1 service district under
13 this act.
14 (4) Each service supplier in this state is required to provide
15 each of its service users access to the 9-1-1 system. Each service
16 supplier shall provide the committee with contact information to
17 allow for notifications as required under section 714.
18 Sec. 312. (1) Except as otherwise provided under subsection
19 (2), after a final 9-1-1 service plan has been adopted under
20 section 310, a county may amend the final 9-1-1 service plan only
21 by complying with the procedures described in sections 301 to 310.
22 Upon adoption of an amended final 9-1-1 service plan by the county
23 board of commissioners, the county shall forward the amended final
24 9-1-1 service plan to the service supplier or suppliers designated
25 to provide 9-1-1 service within the 9-1-1 service district as
26 amended. Upon receipt of the amended final 9-1-1 service plan, each
27 designated service supplier shall implement as soon as feasible the
02198'17 KHS
11
1 amendments to the final 9-1-1 service plan in the 9-1-1 service
2 district as amended.
3 (2) The county board of commissioners may by resolution make
4 minor amendments to the final 9-1-1 service plan for any of the
5 following:
6 (a) Changes in PSAP premises equipment, including, but not
7 limited to, computer-aided dispatch systems, call processing
8 equipment, and computer mapping.
9 (b) Changes involving the participating public safety agencies
10 within a 9-1-1 service district.
11 (c) Changes in the 9-1-1 charges collected by the county
12 subject to the limits under this act.
13 (D) CHANGES IN 9-1-1 SERVICE PROVIDERS TO INCLUDE IP-BASED 9-
14 1-1 SERVICE PROVIDERS APPROVED BY THE COMMITTEE,
15 Sec. 401a. (1) Each service supplier within a 9-1-1 service
16 district shall bill and collect a state 9-1-1 charge from all
17 service users, except for users of a prepaid wireless
18 telecommunications service, of the service supplier within the
19 geographical boundaries of the 9-1-1 service district or as
20 otherwise provided by this section. The billing and collection of
21 the atatc 9 1 1 charge shall begin July 1, 2008. The state 9-1-1
22 charge shall MUST he uniform per each service user within the 9-1-1
23 service district.
24 (2) The amount of the state 9 1 1 charge payable monthly by a
25 service user shall be established as provided under subsection (d).
26 The amount of the state 9 1 1 charge shall not be more than 25
27
02198'17 KHS
12
1 provided under subsection (1).
2 (2) (3) The state 9-1-1 charge shall MUST be collected in
3 accordance with the regular billings of the service supplier.
4 Except as otherwise provided under this act, the amount collected
5 for the state 9-1-1 charge shall MUST be remitted quarterly by the
6 service supplier to the state treasurer and deposited in the
7 emergency 9-1-1 fund created under section 407. The charge allowed
8 under this section shall MUST be listed separately on the
9 customer's bill or payment receipt or otherwise disclosed to the
10 consumer.
11 (3) (4) The initial state 9-1-1 charge shall be 19 IS 25 cents
12 and shall bc effective July 1, 2008. 2017. The state 9-1-1 charge
13 shall MUST reflect the actual costs of operating, maintaining,
14 upgrading, and other reasonable and necessary expenditures for the
15 9-1-1 system in this state. Thc state 9 1 1 charge may be reviewed
16 and adjusted as provided undcr subsection (5).
17 (5) The commission in consultation with the committee shall
18 review and may adjust thc state 9 1 1 charge under this section and
19 a 108 to t
20 July 1, 2009 and July 1, 2010. Any adjustment to the charge by the
21 commission shall be made no later than May 1 of the preceding year
22
23 112. Any adjustments to the state 9 1 1 charge or distribution
24 percentages after December 31, 2010 shall be made by the
25 legislature.
26 (4) (C) If a service user has multiple access points or access
27 lines, the state 9-1-1 charge will be imposed separately on each of
02198'17 KHS
13
1 the first 10 access points or access lines and then 1 charge for
2 each 10 access points or access lines per billed account.
3 (7) Thin occti n takes effect July 1, 2008.
4 Sec. 401b. (1) In addition to the charge allowed under section
5 401a, after June 30, 2008 a county board of commissioners may
6 assess a county 9-1-1 charge to service users, except for users of
7 a prepaid wireless telecommunications service, located within that
8 county by 1 of the following methods:
9 (a) Up to $0.42 $0.55 per month by resolution.
10 (b) Up to $3.00 per month with the approval of the voters in
11 the county.
12 (c) Any combination of subdivisions (a) and (b) with a maximum
13 county 9-1-1 charge of $3.00 per month.
14 (2) A county assessing a county 9-1-1 charge amount approved
15 in the commission's order in case number U-15489 that exceeds the
16 amounts established in subsection (1) may continue to assess the
17 amount approved by the commission. Any proposed increase to the
18 amount approved in the commission order is subject to subsection
19 (1).
20 (3) The charge assessed under this section and section 401e
21 shall not exceed the amount necessary and reasonable to implement,
22 maintain, and operate the 9-1-1 system in the county.
23 (4) If the voters approve the charge to be assessed on the
24 service user's monthly bill on a ballot question under this
25 section, the service provider's bill shall MUST state the
26 following:
27 "This amount is for your 9-1-1 service which has been approved
02198'17 KHS
14
1 by the voters on (DATE OF VOTER APPROVAL). This is not a charge
2 assessed by your service supplier. If you have questions concerning
3 your 9-1-1 service, you may call (INCLUDE APPROPRIATE TELEPHONE
4 NUMBER).".
5 (5) Within 90 days after the first day of each fiscal or
6 calendar year of a county, an annual accounting shall MUST be made
7 of the charge approved under this section.
8 (6) Except as otherwise provided in subsection (10), the
9 county 9-1-1 charge collected under this section shall MUST be paid
10 quarterly directly to the county and distributed by the county to
11 the primary PSAPs by 1 of the following methods:
12 (a) As provided in the final 9-1-1 service plan.
13 (b) If distribution is not provided for in the plan, then
14 according to any agreement for distribution between the county and
15 public agencies.
16 (c) If distribution is not provided in the plan or by
17 agreement, then according to population within the emergency 9-1-1
18 district.
19 (7) Subject to subsection (1), the county may adjust the
20 county 9-1-1 charge annually to be effective July 1. The county
21 shall notify the committee no later than May 15 of each year of any
22 change in the county 9-1-1 charge under this section.
23 (8) If a county has multiple emergency response districts, the
24 county 9-1-1 charge collected under this section shall MUST be
25 distributed under subsection (6) in proportion to the population
26 within the emergency 9-1-1 district.
27 (9) This section shall DOES not preclude the distribution of
02198'17 KHS
15
1 funding to secondary PSAPs if the distribution is determined by the
2 primary PSAPs within the emergency 9-1-1 district to be the most
3 effective method for dispatching of fire or emergency medical
4 services and the distribution is approved within the final 9-1-1
5 service plan.
6 (10) The service supplier may retain 2% of the approved county
7 9-1-1 charge to cover the supplier's costs for billings and
8 collections under this section.
9 (11) The charge allowed under this section shall MUST be
10 listed separately on the customer's bill or otherwise disclosed to
11 the consumer and shall state by which means the charge was approved
12 under subsection (1).
13 (12) Information submitted by a service supplier to a county
14 under this section is exempt from the freedom of information act,
15 1976 PA 442, MCL 15.231 to 15.246, and shall not bc released by the
16 county SHALL NOT RELEASE THAT INFORMATION without the consent of
17 the service supplier. Unless required or permitted by statute,
18 court rule, subpoena, or court order, or except as necessary for a
19 county, the commission, committee, or public agency to pursue or
20 defend the public's interest in any public contract or litigation,
21 a county treasurer, the commission, committee, agency, or any
22 employee or representative of a PSAP, database administrator, or
23 public agency shall not divulge any information acquired with
24 respect to customers, revenues or expenses, trade secrets, access
25 line counts, commercial information, or any other proprietary
26 information with respect to a service supplier while acting or
27 claiming to act as an employee, agent, or representative. An
02198'17 KHS
16
1 aggregation of information that does not identify or effectively
2 identify the number of customers, revenues or expenses, trade
3 secrets, access lines, commercial information, and other
4 proprietary information attributable to a specific service supplier
5 may be made public.
6 (13) If a service user has multiple access points or access
7 lines, the county 9-1-1 charge will be imposed separately on each
8 of the first 10 access points or access lines and then 1 charge for
9 each 10 access points or access lines per billed account.
10 (14) A county 9-1-1 charge assessed under subsection (1) shall
11 MUST be used only to fund costs approved as allowable in a
12 published report by the committee before December 1, 2008. The
13 committee shall notify the standing committees of the senate and
14 house of representatives having jurisdiction over issues pertaining
15 to communication technology at least 90 days before modifying what
16 constitutes an allowable cost under this subsection.
17 Sec. 401c. (1) A seller shall collect a prepaid wireless 9-1-1
18 surcharge from a consumer for each retail transaction occurring in
19 this state.
20 (2) The amount of the prepaid wireless 9-1-1 surcharge shall
21 be 1.92% IS 4.19% per retail transaction. The charge allowed under
22 this section shall MUST be either separately stated on an invoice,
23 receipt, or other similar document that is provided to a consumer
24 by the seller or otherwise disclosed to the consumer.
25 (3) Each of the following transactions is considered to have
26 occurred in this state:
27 (a) A retail transaction that is effected in person by a
02198'17 KHS
17
1 consumer at a business location of a seller located in this state.
2 (b) A retail transaction that is treated as occurring in this
3 state as provided in section 3c of the use tax act, 1937 PA 94, MCL
4 205.93c, as that section applies to a prepaid wireless calling
5 service.
6 (4) A prepaid wireless 9-1-1 surcharge is the liability of the
7 consumer and not of the seller or of any provider.
8 (5) Except as otherwise provided in subsection (6), if a
9 prepaid wireless telecommunications service is sold with I or more
10 products or services for a single, nonitemized price, the seller
11 shall collect 1.92% 4.19% on the entire nonitemized price unless
12 the seller elects to do the following:
13 (a) If the amount of the prepaid wireless telecommunications
14 service is disclosed to the consumer as a dollar amount, apply the
15 percentage to that dollar amount.
16 (b) If the seller can identify the portion of the price that
17 is attributable to the prepaid wireless telecommunications service
18 by reasonable and verifiable standards from its books and records
19 that are kept in the regular course of business for other purposes
20 including, but not limited to, nontax purposes, apply the
21 percentage to that portion.
22 (6) If a minimal amount of prepaid wireless telecommunications
23 service is sold with a prepaid wireless device for a single,
24 nonitemized price, a seller may elect not to apply the percentage
25 specified in subsection (5)(a) to that transaction. As used in this
26 subsection, "minimal amount" means an amount of service denominated
27 as 10 minutes or less or $5.00 or less.
02198'17 KHS
18
1 (7) The SELLER SHALL REMIT THE prepaid wireless 9-1-1
2 surcharge 31-Ian bc remitted monthly by the poll= to the state
3 treasurer and depopitcd WHO SHALL DEPOSIT IT in the emergency 9-1-1
4 fund created in section 407.
5 (8) A seller may retain 2% of prepaid wireless 9-1-1
6 surcharges that are collected by the seller to reimburse the seller
7 for its direct costs in collecting and remitting the prepaid
8 wireless 9-1-1 surcharges.
9 (9) A provider or seller of prepaid wireless
10 telecommunications service is not liable for damages to any person
11 resulting from or incurred in connection with the provision of, or
12 failure to provide, 9-1-1 service or for identifying or failing to
13 identify the telephone number, address, location, or name
14 associated with any person or device that is accessing or
15 attempting to access 9-1-1 service.
16 (10) A provider or seller of prepaid wireless
17 telecommunications service is not liable for damages to any person
18 resulting from or incurred in connection with the provision of any
19 lawful assistance to any investigative or law enforcement officer
20 of the United States, this state, or any other state in connection
21 with any lawful investigation or other law enforcement activity by
22 that law enforcement officer.
23 (11) As used in this section:
24 (a) "Consumer" means a person who purchases prepaid wireless
25 telecommunications services in a retail transaction.
26 (b) "Department" means the Michigan department of treasury.
27 (c) "Prepaid wireless 9-1-1 surcharge" means the fee that is
02198'17 KHS
19
1 required to be collected by a seller from a consumer in the amount
2 established under subsection (2).
3 (d) "Provider" means a person that provides prepaid wireless
4 telecommunications services under a license issued by the fcdcral
FEDERAL COMMUNICATIONS COMMISSION.
6 (e) "Retail transaction" means the purchase of prepaid
7 wireless telecommunications service from a seller for any purpose
8 other than resale.
9 (f) "Seller" means a person who sells prepaid wireless
10 telecommunications service to another person.
11 Sec. 403. (1) Each service supplier shall bc IS solely
12 responsible for the billing of the state and county 9-1-1 charge
13 and thc transmittal of TRANSMITTING THE money collected to the
14 emergency 9-1-1 fund and to the counties as required under this
15 act.
16 (2) THE ATTORNEY GENERAL MAY COMMENCE A CIVIL ACTION ON BEHALF
17 OF THE COMMITTEE AGAINST A SERVICE SUPPLIER, CMRS SUPPLIER,
18 RESELLER, OR RETAILER FOR APPROPRIATE RELIEF FOR FAILURE TO REPORT,
19 CHARGE, COLLECT, AND TRANSMIT THE STATE 9-1-1 CHARGES IN SECTIONS
20 401A AND 401C. AN ACTION UNDER THIS SUBSECTION MAY BE BROUGHT IN
21 THE INGHAM COUNTY CIRCUIT COURT OR THE CIRCUIT COURT IN A COUNTY IN
22 WHICH THE DEFENDANT RESIDES OR IS DOING BUSINESS. THE COURT HAS
23 JURISDICTION TO RESTRAIN THE VIOLATION AND TO REQUIRE COMPLIANCE
24 WITH THIS SECTION.
25 (3) A COUNTY OR 9-1-1 SERVICE DISTRICT MAY COMMENCE A CIVIL
26 ACTION AGAINST A SERVICE SUPPLIER, CMRS SUPPLIER, OR RESELLER FOR
27 APPROPRIATE RELIEF FOR FAILURE TO REPORT, CHARGE, COLLECT, AND
5
02198'17 KITS
20
1 TRANSMIT THE 9-1-1 CHARGE IN SECTION 401B. AN ACTION UNDER THIS
2 SUBSECTION MAY BE BROUGHT IN THE CIRCUIT COURT OF THE COUNTY
3 RECEIVING THE 9-1-1 CHARGE OR IN THE CIRCUIT COURT IN A COUNTY IN
4 WHICH THE DEFENDANT RESIDES OR IS DOING BUSINESS. THE COURT HAS
5 JURISDICTION TO RESTRAIN THE VIOLATION AND TO REQUIRE COMPLIANCE
6 WITH THIS SECTION.
7 Sec. 406. (1) The funds collected and expended under this act
8 shall MUST be expended exclusively for 9-1-1 services and in
9 compliance with the rules promulgated under section 413.
10 (2) Each COUNTY, PSAP, or secondary PSAP THAT RECEIVES MONEY
11 UNDER THIS ACT shall assure that fund accounting, auditing,
12 monitoring, and evaluation procedures are provided as required by
13 this act and the rules promulgated under this act.
14 (3) An annual audit shall MUST be conducted by an independent
15 auditor using generally accepted accounting principles and copies
16 of the annual audit ehall MUST be made available for public
17 inspection.
18 (4) An increase in the charges allowed under this act shall
19 MUST not be authorized or expended for the next fiscal year unless
20 according to the most recently completed annual audit the
21 expenditures are in compliance with this act.
22 (5) The receipt of 9-1-1 funds under this act is dependent on
23 compliance with the standards established by the commission under
24 section 413.
25 Sec. 407. (1) The emergency 9-1-1 fund is created within the
26 state treasury.
27 (2) The state treasurer may receive money or other assets as
02198'17 KHS
21
1 provided under this act and from any source for deposit into the
2 fund. Money may be deposited into the fund by electronic funds
3 transfer. Money in the CMRS emergency telephone fund on
4 aa-a-ea--E
5 JULY 1, 2008 MUST be deposited into the fund and expended as
6 provided by this act. The state treasurer shall direct the
7 investment of the fund. The state treasurer shall credit to the
8 fund interest and earnings from fund investments.
9 (3) Money in the fund at the close of the fiscal year shall
10 remain REMAINS in the fund and shall DOES not lapse to the general
11 fund.
12 (4) The department of treasury shall expend money from the
13 fund only as provided in this act. The disbursement of money may be
14 by electronic funds transfer.
15 (5) The auditor general shall audit the fund at least
16 annually. BIENNIALLY.
17 Sec. 408. (1) Except as otherwise provided under this act, a
18 service supplier shall bill and collect a state 9-1-1 service
19 charge per month as determined under section 401a. The service
20 supplier shall list the state 9-1-1 service charge authorized under
21 this act as a separate line item on each bill . The service- charge
22 shall be listed on thc bill as the "state 9-1-1 charge".
23 (2) Each service supplier may retain 2% of the state 9-1-1
24 charge collected under this act to cover the supplier's costs for
25 billing and collection.
26 (3) Except as otherwise provided under subsection (2), the
27 money collected as the state 9-1-1 charge under subsection (1)
02198'17 KHS
22
1 shall MUST be deposited in the emergency 9-1-1 fund created in
2 section 407 no later than 30 days after the end of the quarter in
3 which the state 9-1-1 charge was collected.
4 (4) ixccu
5 ALL money collected and deposited in the emergency 9-1-1 fund
6 created in section 407 shall MUST be distributed as PROVIDED IN
7 THIS SECTION. ANNUAL MONEY IN THE FUND NOT EXCEEDING $37,000,000.00
8 MUST BE DISTRIBUTED AS follows:
9 (a) 82.575 shall 65% MUST be disbursed to each county that has
10 a final 9-1-1 plan in place. Forty percent of the 82.5% shall 65%
11 MUST be distributed quarterly on an equal basis to each county, and
12 60% of the 82.5% shall 65% MUST be distributed quarterly based on a
13 population per capita basis. Money A COUNTY SHALL ONLY USE MONEY
14 received by a—THE county under this subdivision shall only bc used
15 for 9-1-1 services as allowed under this act. Melaey—A COUNTY SHALL
16 REPAY TO THE FUND ANY MONEY expended under this subdivision for a
17 purpose considered unnecessary or unreasonable by the committee or
18 the auditor general. shall be repaid to thc fund.
19 (b) 7.75% shall 3.5% MUST be available to reimburse local
20 exchange providers for the costs related to wireless emergency
21 service. Any cost reimbursement allowed under this subdivision
22 shall MUST not include a cost that is not related to wireless
23 emergency service. A local exchange provider may submit an invoice
24 to the commission for reimbursement from the emergency 9-1-1 fund
25 for allowed costs. Within 45 days after the date an invoice is
26 submitted to the commission, the commission shall approve, either
27 in whole or in part, or deny the invoice.
02198'17 KHS
23
1 (c) 6.0% shall 5.5% MUST be available to PSAPs for training
2 personnel assigned to 9-1-1 centers. A PUBLIC SAFETY AGENCY OR
3 COUNTY SHALL MAKE A written request for money from the fund shall
4 be made by a public safety agency or county to the committee. The
5 committee shall semiannually authorize distribution of money from
6 the fund to eligible public safety agencies or counties. A public
7 safety agency or county that receives money under this subdivision
8 shall create, maintain, and make available to the committee upon
9 request a detailed record of expenditures relating to the
10 preparation, administration, and carrying out of activities of its
11 9 -1 -1 training program. Money AN ELIGIBLE PUBLIC SAFETY AGENCY OR
12 COUNTY SHALL REPAY TO THE FUND ANY MONEY expended by an eligible
13 THAT public safety agency or county for a purpose considered
14 unnecessary or unreasonable by the committee or the auditor
15 general. shall be repaid to the fund. The commission shall consult
16 with and consider the recommendations of the committee in the
17 promulgation of rules under section 413 establishing training
16 standards for 9-1-1 system personnel. Money shall MUST be disbursed
19 on a biannual basis to an eligible public safety agency or county
20 for training of PSAP personnel through courses certified by the
21 committee only for either of the following purposes:
22 (i) To provide basic 9-1-1 operations training.
23 (i0 To provide in-service training to employees engaged in 9-
24 1-1 service.
25 (d) 1.88% shall 1.5% MUST be credited to the department of
26 state police to operate a regional dispatch center that receives
27 and dispatches 9-1-1 calls, and 1.87% shall 3% MUST be credited to
02198'17 KHS
24
1 the department of state police for costs to administer this act and
2 to maintain the office of the state 9-1-1 coordinator.
3 (E) 21.5% SHALL BE AVAILABLE FOR REIMBURSEMENT BY THE
4 COMMITTEE ONLY FOR THE FOLLOWING PURPOSES:
5 (i) GRANT MATCH FOR STATEWIDE OR REGIONAL IP-BASED 9-1-1
6 PROJECTS.
7 (ii) INVOICES SUBMITTED BY COMMITTEE-APPROVED IP-BASED 9-1-1
8 SERVICE PROVIDERS FOR THE COSTS RELATED TO IP-BASED 9-1-1 EMERGENCY
9 SERVICE.
10 (5) For tip al year 2010 2011 only, an amount not to exceed
11 $1,700,000.00 is distributed to thc department of state police for
12 an integrated ID based 9 1 1 mapping system in this state. Tho
13 money distributed under this subsection is for the restricted
14 purpose of matching funds for thc states award of a grant undcr
15 the grant program established under the federal ensuring needed
16 help arrives near callers cmpl ying 511 act of 2001 to bc used
17 solely for the acquisition and deployment of a state integrated IP
18 based 9 1 1 mapping system. All costs associated with the state
19 integrated IS based 9 1 1 mapping system including, but not limited
20 to, its eenetruction, administration, and maintenance shall only be
21 paid from money distributed under this subsection and any federal
22
23 (6) From money not distributed to lo al exchange providers
24 under subeeetien (1)(b), an amount not to exceed $150,000.00 shall
25 be annually distributed to the department of treasury to fund a
26 portion of the department's costs in administering this act. This
27 subsection does not apply after September 30, 2015.
02198'17 KHS
25
1 (5) AN IP-BASED 9-1-1 SERVICE PROVIDER THAT HAS BEEN APPROVED
2 BY THE COMMITTEE AS MEETING STANDARDS-BASED CRITERIA SET BY THE
3 COMMITTEE MAY SUBMIT AN INVOICE TO THE COMMITTEE FOR REIMBURSEMENT
4 FROM THE EMERGENCY 9-1-1 FUND FOR ALLOWED COSTS. WITHIN 90 DAYS
5 AFTER THE DATE AN INVOICE IS SUBMITTED TO THE COMMITTEE, THE
6 COMMITTEE SHALL APPROVE, EITHER IN WHOLE OR IN PART, OR DENY THE
7 INVOICE. ANY COST REIMBURSEMENT ALLOWED UNDER THIS SUBDIVISION MUST
8 NOT INCLUDE A COST THAT IS NOT RELATED TO IP-BASED 9-1-1 EMERGENCY
9 SERVICE.
10 (6) THE COMMITTEE SHALL ESTABLISH A SUBCOMMITTEE TO REVIEW
11 INVOICES SUBMITTED BY IP-BASED 9-1-1 SERVICE PROVIDERS AND MAKE
12 RECOMMENDATIONS TO THE COMMITTEE FOR APPROVAL OR DENIAL OF PAYMENT.
13 THE SUBCOMMITTEE WILL REMOVE IP-BASED 9-1-1 SERVICE PROVIDER
14 INFORMATION THAT IS CONSIDERED CONFIDENTIAL OR PROPRIETARY.
15 (7) FUNDS GENERATED BY THE FEE IN SECTION 401A IN EXCESS OF
16 $37,000,000.00 ANNUALLY MUST BE RESERVED FOR DISTRIBUTION COMMITTEE
17 APPROVED COSTS UNDER SUBSECTION (4)(E).
18 (8) (7) Money received by a county under subsection (4)(a)
19 phall MUST be distributed by the county to the primary PSAPs
20 geographically located within the 9-1-1 service district by 1 of
21 the following methods:
22 (a) As provided in the final 9-1-1 service plan.
23 (b) If distribution is not provided for in the 9-1-1 service
24 plan under subdivision (a), then according to any agreement for
25 distribution between a county and a public agency.
26 (c) If distribution is not provided for in the 9-1-1 service
27 plan under subdivision (a) or by agreement between the county and
02198'17 KHS
26
1 public agency under subdivision (b), then according to the
2 population within the geographic area for which the PSAP serves as
3 primary PSAP.
4 (d) If a county has multiple emergency 9-1-1 districts, money
5 for that county shall MUST be distributed as provided in the
6 emergency 9-1-1 districts' final 9-1-1 service plans.
7 (9) (8) The commission shall consult with and consider
8 recommendations of the committee in the promulgation of rules under
9 section 413 establishing the standards for the receipt and
10 expenditure of 9-1-1 funds under this act. Receipt of 9-1-1 funds
11 under this act is dependent on compliance with the standards
12 established under this subsection.
13 Enacting section 1. This amendatory act takes effect July 1,
14 2017.
02198'17 Final Page KHS
Lisa Brown, Oakland County
Resolution #17178
June 15, 2017
Moved by Long supported by Quarles the resolution be adopted.
Discussion followed.
Moved by Quarles supported by Long the resolution be amended as follows:
MISCELLANEOUS RESOLUTION #171XX
BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS - SUPPORT HB 4651 AND SB 400 - AMEND PUBLIC ACT 32 OF
1986, EMERGENCY TELEPHONE SERVICE ENABLING ACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Recommends that the resolution be amended, as follows:
1. Amend the 1 st BE IT FURTHER RESOLOVED paragraph, as follows:
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners opposes amending HB4651
and SB400 to include any additional State of Michigan taxes
guise-ef-9-1-1-surcharge:
Vote on amendment:
AYES: Hoffman, Jackson, Long, McGillivray, Middleton, Quarles, Spisz, Weipert, Woodward, Zack,
Berman, Bowman, Dwyer, Fleming, Gershenson, Gingell. (16)
NAYS: Kochenderfer, Taub, Crawford. (3)
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Chairperson Michael Gingell addressed the Board and stated that he will start the process to form a Study Group
for Emergency Telephone Services.
Discussion followed.
Vote on resolution:
AYES: Jackson, Kochenderfer, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Welpert, Woodward,
Zack, Berman, Bowman, Crawford, Dwyer, Fleming, Gershenson, Gingell, Hoffman. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
I HMV AP12140V0 THIS RESOLUTION
STATE OF MICHIGAN) CHIEF DEPUTY COUNTY EXECUTIVE
COUNTY OF OAKLAND) ACTING PURSUANT TO MCL 45.559A (7) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 15, 2017, with the
original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 1 51h day of June, 2017.
6/