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Home My WebLink AboutResolutions - 1998.06.11 - 25378a.. REPORT ( Mi sc. #98133) June 11, 1998 BY: GENERAL GOVERNMENT COMMITTEE, NANCY DINGELDEY, CHAIRPERSON IN RE: MR #98133 - OBJECTION TO CERTAIN PROVISIONS OF HB 5653, IMPLEMENTATION OF UNIVERSAL EMERGENCY NUMBER SERVICE SYSTEM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The General Government Committee, having met on June 1, 1998, reports with the recommendation that the above-titled resolution be adopted with the following amendments: Add as the fourth WHEREAS paragraph: WHEREAS this resolution is not to be construed as support of the 65 surcharge imposed by the State in HB 5653; and Add as the first BE IT FURTHER RESOLVED paragraph: BE IT FURTHER RESOLVED that the existing legislation be modified to require the following provisions relating to all amounts collected by CMRS suppliers: 1) that the costs eligible for reimbursement relating to the amounts collected be defined in the Act; 2) that an audit of the collections, costs charged and amounts remaining (if any) be performed to ensure that the CMRS suppliers are complying with the Act, as amended; and 3) that a copy of the audit report produced by an independent certified public accountant be provided to the Chairman of the Board of Commissioners for each county in which the CMRS suppliers collect amounts under the Act. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote. May 21, 1998 Miscellaneous Resolution # 98133 BY: Donald W. Jensen, County Commissioner - District #15 RE: OBJECTION TO CERTAIN PROVISIONS OF FIB 5653, IMPLEMENTATION OF UNIVERSAL EMERGENCY NUMBER SERVICE SYSTEM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the FCC has mandated that all cellular phones must have the capability of automatic location identification; and WHEREAS, in response to this federal mandate, HB 5653 creates the State CMRS emergency telephone fund to receive and disburse funds, upon appropriation, as provided in HB 5653; and WHEREAS, Sec. 408 of HB 5653 provides that a CMRS supplier shall include a service charge of $.65 per month for each CMRS connection that has a billing address in the State; the money to be deposited in a CMRS emergency fund and the CMRS supplier shall retain 1% of the total charges collected to cover the costs of billing and collection; and WHEREAS, Sec. 409 of the act provides for the distribution of funds, as follows: To each county having an E911 plan on an equal basis: 20% To each county having an E911 plan on a per capita basis: 25% To PSAPs for training E911 personnel: 5% To CMRS suppliers to provide and install equipment that implements the wireless emergency service order: 50% WHEREAS, the operation of an E911 system requires communities to provide call taking and dispatching service 24 hours a day, 7 days a week, without interruption, involving heavy personnel and other operating costs: and WHEREAS, CMRS suppliers already enjoy significant basic fees and time charges paid by cellular users, and additional revenue from cellular users estimated at $13.3 million dollars per year is considered a windfall at the expense of Oakland County and Michigan residents; and WHEREAS, Section 410 of HB 5653 provides for a subcommittee to review expenditures under the Act, but does not include representation by the Michigan Public Safety community on the Emergency Telephone Service Subcommittee. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests the following changes to section 409 of HB 5653 as to the distribution of revenues as follows: To each community having an E911 plan on an equal basis: 20% To each community having an E911 plan on a per capital basis: 45% To PSAPs for training E911 personnel: 5% To CMRS suppliers to provide and install an equipment that implements the wireless emergency service order: 30% BE IT FURTHER RESOLVED that Sec. 410 of the Act be amended to include representation by the Public Safety community on the Emergency Telephone Service Committee appointed Subcommittee. BE IT FURTHER RESOLVED that this resolution be sent to Senator Mat Dunaskiss and all members of the State Legislature from Oakland County, and to the Michigan Association of Counties. Mr. Chairperson, I move the adoption of the foregoing resolution. ocktv41& Yr 5652 MICHIGAN LEGISLATIVE INFORMATION http://www.michiganlegislature.org/isapi/n1s_ax.d1I/BillStatus?Type=HB&number=5653 Michigan Legislature Ii 5651 to 5675 House Bill 5653 5654 Sponsor - Representative - J. Scranton Categories: Health-facilities , Communications Communications; telephone; wireless emergency telephone service; include. Amends sec. 201 of 1986 PA 32 (MCL 484.1201) & adds secs. 407, 408, 409, 410, 411 & 412. TIE BAR With: Senate Bill 1009, Senate Bill 1010 House Introduced Bill F F Introduced bills appear as they were introduced and reflect no subsequent amendments or changes. As Passed By The House As passed by the House is the bill, as introduced, that includes any adopted House amendments, delineated within brackets, il and/or substitute before transmittal to the Senate. As Passed By The Senate As passed by the Senate is the bill, as received from the House, that includes any adopted Senate amendments, delineated with shading, and/or substitute before transmittal to the House. House Enrolled Bill Enrolled bill is the version passed in identical form by both houses of the Legislature. History Action 3/11/98 HJ 24 P. 434 referred to Committee on Public Utilities 1 of 2 5/20/98 5:30 PM HOUSE BILL Non 5653 March 11, 1998, Introduced by Rep. Scranton and referred to the Committee on Public Utilities. A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending section 201 (MCL 484.1201), as amended by 1994 PA 29, and by adding sections 407, 408, 409, 410, 411, and 412. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 201. A Universal EXCEPT AS PROVIDED IN SECTIONS 407 2 TO 412, A UNIVERSAL emergency number service system shall not be 3 implemented pursuant to this act unless a tariff exists for each 4 service supplier designated by the final 9-1-1 service plan to 5 provide 9-1-1 service in the universal emergency number system. 6 SEC. 407. (1) THE STATE CMRS EMERGENCY TELEPHONE FUND IS 7 CREATED WITHIN THE STATE TREASURY. 8 (2) THE STATE TREASURER MAY RECEIVE MONEY OR OTHER ASSETS 9 FROM ANY SOURCE FOR DEPOSIT INTO THE FUND. THE STATE TREASURER 10 SHALL DIRECT THE INVESTMENT OF THE FUND. THE STATE TREASURER 05646'98 JJG 2 1 SHALL CREDIT TO THE FUND INTEREST.AND EARNINGS FROM FUND 2 INVESTMENTS. 3 (3) MONEY IN THE FUND AT THE CLOSE OF THE FISCAL YEAR SHALL 4 REMAIN IN THE FUND AND SHALL NOT LAPSE TO THE GENERAL FUND. 5 (4) THE DEPARTMENT OF TREASURY SHALL EXPEND MONEY FROM THE 6 FUND, UPON APPROPRIATION, ONLY AS PROVIDED IN SECTION 409. 7 SEC. 408. (1) A CMRS SUPPLIER SHALL INCLUDE A SERVICE 8 CHARGE OF $.65 PER MONTH FOR EACH CMRS CONNECTION THAT HAS A 9 BILLING ADDRESS IN THIS STATE. THE CMRS SUPPLIER SHALL LIST THE 10 SERVICE CHARGE AS A SEPARATE LINE ITEM ON EACH BILL. 11 (2) EXCEPT AS PROVIDED IN THIS SECTION, THE MONEY COLLECTED 12 AS THE SERVICE CHARGE SHALL BE DEPOSITED IN THE CMRS EMERGENCY 13 TELEPHONE FUND CREATED IN SECTION 407 NOT LATER THAN 30 DAYS 14 AFTER THE END OF THE QUARTER IN WHICH THE SERVICE CHARGE WAS 15 COLLECTED. 16 (3) EACH CMRS SUPPLIER SHALL RETAIN 1% OF THE TOTAL SERVICE 17 CHARGES COLLECTED TO COVER THE COSTS OF BILLING AND COLLECTION. 18 (4) A CMRS SUPPLIER IS NOT LIABLE FOR AN UNCOLLECTED SERVICE 19 CHARGE FOR WHICH THE CMRS SUPPLIER HAS BILLED THE CMRS USER. 20 UNLESS OTHERWISE SPECIFIED BY THE CMRS USER, IF ONLY A PARTIAL 21 PAYMENT OF A BILL IS RECEIVED BY A CMRS SUPPLIER, THE CMRS SUP- 22 PLIER SHALL FIRST CREDIT THE PARTIAL PAYMENT TO THE BALANCE DUE 23 TO THE CMRS SUPPLIER. THE SERVICE CHARGE PAID BY A CMRS USER IS 24 NOT SUBJECT TO A STATE OR LOCAL TAX. 25 (5) A CMRS SUPPLIER SHALL IMPLEMENT THE BILLING PROVISIONS 26 OF THIS SECTION NOT LATER THAN 120 DAYS AFTER THE EFFECTIVE DATE 27 OF THE AMENDATORY ACT THAT ADDED THIS SECTION. 05646'98 3 1 SEC. 409. (1) ALL MONEY. COLLECTED AND DEPOSITED IN THE CMRS 2 EMERGENCY TELEPHONE FUND SHALL BE DISTRIBUTED AS FOLLOWS: 3 (A) TWENTY PERCENT OF THE TOTAL MONTHLY SERVICE CHARGES 4 SHALL BE DISBURSED EQUALLY TO EACH COUNTY THAT HAS A FINAL 9-1-1 5 PLAN IN PLACE. THE COUNTY SHALL DISTRIBUTE THE FUNDS PURSUANT TO 6 SECTION 401(12) OF THIS ACT. 7 (B) TWENTY-FIVE PERCENT OF THE TOTAL MONTHLY SERVICE CHARGES 8 SHALL BE DISBURSED TO EACH COUNTY THAT HAS A FINAL 9-1-1 PLAN IN 9 PLACE ON A PER CAPITA BASIS. THE ETSC SHALL CERTIFY TO THE 10 DEPARTMENT OF TREASURY ANNUALLY WHICH COUNTIES HAVE A FINAL 9-1-1 11 PLAN IN PLACE. THE MOST RECENT CENSUS CONDUCTED BY THE UNITED 12 STATES CENSUS BUREAU SHALL BE USED TO DETERMINE THE POPULATION OF 13 EACH COUNTY IN DETERMINING THE PER CAPITA BASIS IN THIS 14 SUBDIVISION. THE COUNTY SHALL DISTRIBUTE THE FUNDS PURSUANT TO 15 SECTION 401(12) OF THIS ACT. 16 (C) FIVE PERCENT OF THE TOTAL MONTHLY SERVICE CHARGES SHALL 17 BE AVAILABLE TO PSAPS FOR TRAINING PERSONNEL ASSIGNED TO 9-1-1 18 CENTERS. A REQUEST FOR MONEY FROM THE CMRS EMERGENCY TELEPHONE 19 FUND SHALL BE MADE TO THE EMERGENCY TELEPHONE SERVICE COMMITTEE. 20 THE MICHIGAN LAW ENFORCEMENT OFFICERS TRAINING COUNCIL SHALL 21 ESTABLISH TRAINING PROGRAMS AND ADMINISTER TRAINING WITH THE 22 MONEY RECEIVED UNDER THIS SUBDIVISION. 23 (D) FIFTY PERCENT OF THE TOTAL MONTHLY SERVICE CHARGES 24 DEPOSITED INTO THE CMRS EMERGENCY TELEPHONE FUND SHALL BE USED BY 25 CMRS SUPPLIERS TO PROVIDE AND INSTALL EQUIPMENT THAT IMPLEMENTS 26 THE WIRELESS EMERGENCY SERVICE ORDER. 05646'98 4 1 (2) IN THE EVENT THAT A COUNTY WITH A FINAL 9-1-1 PLAN IN 2 PLACE DOES NOT ACCEPT 9-1-1 CALLS THROUGH THE DIRECT DISPATCH 3 METHOD, RELAY METHOD, OR TRANSFER METHOD FROM A CMRS USER, THE 4 REVENUES COLLECTED SHALL BE DISBURSED TO THE ENTITY OR COUNTY 5 RESPONSIBLE FOR ACCEPTING AND RESPONDING TO THOSE CALLS. 6 SEC. 410. (1) THE EMERGENCY TELEPHONE SERVICE COMMITTEE 7 SHALL APPOINT A SUBCOMMITTEE TO REVIEW EXPENDITURES AUTHORIZED 8 UNDER THIS ACT COMPOSED OF THE CHAIRPERSON OF THE EMERGENCY TELE- 9 PHONE SERVICE COMMITTEE CREATED IN SECTION 703 AND ALL OF THE 10 FOLLOWING: 11 (A) ONE MEMBER OF THE COMMITTEE WHO REPRESENTS A COMMERCIAL 12 MOBILE RADIO SERVICE PROVIDER AS PROVIDED IN SECTION 703(1)(Q). 13 (B) TWO MEMBERS OF THE COMMITTEE WHO REPRESENT AN ENTITY NOT 14 ASSOCIATED WITH THE SERVICE SUPPLIER INDUSTRY. 15 (C) ONE MEMBER OF THE PUBLIC APPOINTED BY THE CHAIRPERSON OF 16 THE ETSC WHO REPRESENTS THE COMMERCIAL MOBILE RADIO SERVICE 17 INDUSTRY AND WHO IS NOT A MEMBER OF THE EMERGENCY TELEPHONE SERV- 18 ICE COMMITTEE. 19 (2) THE CHAIRPERSON OF THE SUBCOMMITTEE CREATED UNDER SUB- 20 SECTION (1) SHALL NOT HAVE A VOTE UNLESS THE OTHER MEMBERS OF THE 21 SUBCOMMITTEE CAST A TIE VOTE. 22 (3) THE SUBCOMMITTEE CREATED IN SUBSECTION (I) SHALL REVIEW 23 INVOICES SUBMITTED BY CMRS SUPPLIERS FOR REIMBURSEMENT FROM THE 24 CMRS EMERGENCY TELEPHONE FUND. BEFORE REVIEW BY THE SUBCOMMIT- 25 TEE, THE STAFF ASSIGNED BY THE DEPARTMENT OF STATE POLICE TO 26 ASSIST THE COMMITTEE, AS PROVIDED FOR UNDER SECTION 704, SHALL 27 REMOVE ALL INFORMATION THAT IDENTIFIES THE CMRS SUPPLIER 05646'98 5 1 SUBMITTING THE INVOICE. THE .SUBCOMMITTEE SHALL REVIEW THE 2 VALIDITY OF THE INVOICES AND RECOMMEND PAYMENT TO THE STATE TREA- 3 SURER OF ALL APPROVED INVOICES. APPROVAL OF THE INVOICES SHALL 4 BE BY A MAJORITY VOTE OF THE SUBCOMMITTEE. 5 (4) AN INVOICE SHALL NOT BE APPROVED FOR PAYMENT OF EITHER 6 OF THE FOLLOWING: 7 (A) AN EXPENSE THAT IS NOT RELATED TO COMPLYING WITH THE 8 WIRELESS EMERGENCY SERVICE ORDER. 9 (B) AN EXPENSE THAT EXCEEDS 125% OF THE CMRS EMERGENCY TELE- 10 PHONE CHARGES SUBMITTED BY A CMRS SUPPLIER UNLESS APPROVAL OF THE 11 CHARGES WAS OBTAINED FROM THE SUBCOMMITTEE CREATED IN THIS SEC- 12 TION BEFORE THE EXPENSE WAS INCURRED. 13 (5) NOTWITHSTANDING SECTION 706, INFORMATION SUBMITTED BY A 14 CMRS SUPPLIER UNDER THIS SECTION IS EXEMPT FROM ANY PROVISION OF 15 THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 16 15.246, AND SHALL NOT BE RELEASED BY THE CHAIRPERSON OF THE EMER- 17 GENCY TELEPHONE SERVICE COMMITTEE WITHOUT THE PERMISSION OF THE 18 CMRS SUPPLIER THAT SUBMITTED THE INFORMATION. INFORMATION SUB- 19 MITTED BY CMRS SUPPLIERS UNDER THIS SECTION MAY ONLY BE RELEASED 20 IN THE AGGREGATE SO THAT THE NUMBER OF CMRS USERS OR THE EXPENSES 21 AND REVENUES OF A CMRS SUPPLIER CANNOT BE IDENTIFIED. 22 SEC. 411. (1) A CMRS SUPPLIER MAY USE MONEY IN THE FUND FOR 23 MONTHLY RECURRING COSTS AND START-UP COSTS, INCLUDING, WITHOUT 24 LIMITATION, NONRECURRING COSTS ASSOCIATED WITH INSTALLATION, 25 SERVICE, SOFTWARE, AND HARDWARE NECESSARY TO COMPLY WITH THE 26 WIRELESS EMERGENCY SERVICES ORDER. THE NONRECURRING COSTS SHALL 27 BE AMORTIZED AT THE PRIME RATE PLUS 1% OVER A PERIOD, NOT TO 05646'98 6 1 EXCEED 3 YEARS, UNTIL THE AMOUNTS .,ARE FULLY RECOUPED BY THE CMRS 2 SUPPLIER. 3 (2) IF THE TOTAL AMOUNT FROM THE INVOICES APPROVED FOR PAY- 4 MENT EXCEEDS THE AMOUNT REMAINING IN THE CMRS EMERGENCY TELEPHONE 5 FUND IN ANY QUARTER, ALL CMRS SUPPLIERS THAT HAVE SUBMITTED 6 INVOICES AND THAT ARE RECOMMENDED BY THE ETSC TO RECEIVE PAYMENT 7 SHALL RECEIVE A PRO RATA SHARE OF THE FUND AVAILABLE IN THAT 8 QUARTER. ANY UNPAID BALANCE SHALL BE CARRIED OVER TO THE FOLLOW- 9 ING QUARTER UNTIL ALL OF THE RECOMMENDED PAYMENTS ARE MADE. ON 10 ANY UNPAID BALANCE CARRIED OVER, INTEREST AT THE PRIME RATE SHALL 11 BE CREDITED TO THE CMRS SUPPLIER. 12 SEC. 412. (1) THE EMERGENCY TELEPHONE SERVICE COMMITTEE 13 SHALL CONDUCT AND COMPLETE A COST STUDY AND MAKE A REPORT ON THE 14 SERVICE CHARGE AUTHORIZED IN SECTION 408 NOT LATER THAN AUGUST 15 31, 1999 AND AUGUST 31 B=ENNIALLY AFTER 1999. THE REPORT OF THE 16 STUDY SHALL INCLUDE AT LEAST ALL OF THE FOLLOWING: 17 (A) THE EXTENT OF EMERGENCY TELEPHONE SERVICE IMPLEMENTATION 18 IN THIS STATE BY CMRS SUPPLIERS UNDER THE WIRELESS EMERGENCY 19 SERVICE ORDER. 20 (B) THE ACTUAL COSTS INCURRED BY PSAPS AND CMRS SUPPLIERS IN 21 COMPLYING WITH THE APPLICABLE REQUIREMENTS PRESCRIBED IN THE 22 WIRELESS EMERGENCY SERVICE ORDER. 23 (C) THE ADEQUACY OF THE SERVICE CHARGE IMPOSED UNDER THIS 24 ACT ON CMRS USERS AND A RECOMMENDATION TO CHANGE THE SERVICE 25 CHARGE AMOUNT IF NEEDED TO ADEQUATELY FUND THE COSTS OF MEETING 26 THE TIME FRAMES IN THE WIRELESS EMERGENCY SERVICE ORDER. 05646'98 7 1 (2) THE REPORT OF THE STUDY MALL BE DELIVERED TO THE 2 SECRETARY OF THE SENATE AND THE CLERK OF THE HOUSE OF 3 REPRESENTATIVES. 4 Enacting section 1. This amendatory act does not take 5 effect unless all of the following bills of the 89th Legislature 6 are enacted into law: 7 (a) Senate Bill No. or House Bill No. (request 8 no. 02251'97). 9 (b) Senate Bill No. or House Bill No. (request 10 no. 0559498). 11 (c) House Bill No. 5289. 12 Enacting section 2. This amendatory act takes effect 120 13 days after the date this amendatory act is enacted. 05646'98 Final page. JJG MICHIGAN LEGISLATIVE INFORMATION http://www.michiganlegislature.org/isapi/nIs_ax.d11/BillStatus?Type---SB&number=1009 Michigan Legislature 1.1 1001 to 1025 1008 Senate Bill 1009 1010 Sponsor - Senator - C. Dingell Categories: State, State-agencies-(existing) , Local-2overnment , Counties, Cities , Health-facilities , Communications Communications; cellular telephone; wireless emergency telephone service; include. Amends secs. 401, 403, 404, 405, 406 & 505 of 1986 PA 32 (MCL 484.1401 et seq.). TIE BAR With: Senate Bill 1010 Senate Introduced Bill FEF - Introduced bills appear as they were introduced and reflect no subsequent amendments or changes. As Passed By The Senate As passed by the Senate is the version of the bill, as introduced, including adopted Senate amendments, delineated with shading, and/or substitute before transmittal to the House. As Passed By The House As passed by the House is the version of the bill, as received from the Senate, including adopted House amendments, delineated within brackets, and/or substitute before transmittal to the Senate. Senate Enrolled Bill Enrolled bill is the version passed in identical form by both ll houses of the Legislature. Senate Fiscal Agency Bill Analysis COMMITTEE SUMMARY FCF T This document analyzes: SB 1009, SB 1010 History 1 of 2 5/20/98 5:33 PM MICHIGAN LEGISLATIVE INFORMATION http://www.michigan1egislature.org/isapihi1s_ax,d11/B illStatus?Type=SB&number--1009 Action 3/11/98 SJ 21 P. 348 REFERRED TO COMMITTEE ON JUDICIARY 4/23/98 SJ 34 P. 657 REPORTED FAVORABLY WITH RECOMMENDATION FOR REFERRAL TO COMMITTEE ON TECHNOLOGY AND ENERGY WITH SUBSTITUTE (S3) Find a Bill / Resolution I House Bills I Senate Bills I Journals I Calendars I Comments House Committee Schedules I Senate Committee Schedules I Session Schedules Public Acts 1997 Table I Public Acts 1998 Table MCL 1997 Table I MCL 1998 Table 2 of 2 5/20/98 5:33 PM 1009 http://www. mi ch iganlegi s tato re.orWi sap iin Is_ax.d11/bill S tatus?type=SB &numbet--- 1010 MICHIGAN LEGISLATIVE INFORMATION Michigan Legislature 1001 to 1025 Senate Bill 1010 Sponsor - Senator - W. Van Regenmorter Categories: Health-facilities , Communications Communications; telephone; training standards for emergency telephone services; establish. Amends secs. 102, 303, 316, 601, 602 & 604 of 1986 PA 32 (MCL 484.1102 et seq. & adds sec. 605. TIE BAR With: Senate Bill 1009 Senate Introduced Bill FCF Introduced bills appear as they were introduced and reflect no subsequent amendments or changes. As Passed By The Senate As passed by the Senate is the version of the bill, as introduced, II including adopted Senate amendments, delineated with shading, and/or substitute before transmittal to the House. As Passed By The House As passed by the House is the version of the bill, as received from the Senate, including adopted House amendments, delineated within brackets, and/or substitute before transmittal to the Senate. Senate Enrolled Bill Enrolled bill is the version passed in identical form by both 111 houses of the Legislature. Senate Fiscal Agency Bill Analysis COMMITTEE SUMMARY FE.F T T This document analyzes: SB 1009, SB 1010 History Action 1011 1 of 1 5/20/98 5:33 PM Lansing. Michigan 45500-75-15 i S SPA, DILL ANALYe'I Senate /icon& Agency P. FL Firer 30113fi P. FL Firer 30113fi Telephoner (&V 7) 373.5383 Fair; Oil 7) 37;4-1 WIN (51775734543 - EMERGENCY TELEPHONE SERVICE S.B. 1009 (S-3) & 1010 (S-3): COMMITTEE SUMMAIRY * ^ Senate Bill 1009 (Substitute S-3) Senate Bill 1010 (Substitute S-3) Sponsor: Senator Christopher D. Dingell (Senate Bill 1009) Senator William Van Regenmorter (Senate Bill 1010) First Committee: Judiciary Second Committee: Technology and Energy Date Completed: 5-19-98 CONTENT The bills would amend the Emergency Telephone Service Enabling Act to do all of the following: Authorize various types of entities that govern local 9-1-1 districts to pledge revenues for the repayment of qualified obligations. Revise certain user fees for 9-1-1 services. Prohibit a public service agency from withdrawing its jurisdiction from a 9-1-1 service district until outstanding qualified obligations were paid. Provide that the emergency telephone technical charge and the emergency telephone operational charge could not be collected after 2006. Require a supplier of telephone services, other than a commercial mobile radio service (CMRS) supplier, to provide to a 9-1-1 database service provider accurate information pertaining to service users. Require a CMRS supplier to provide accurate database information for location and number identification, in compliance with a Federal Communications Commission (FCC) wireless emergency service order. Require that the emergency telephone service committee provide technical assistance in formulating and implementing a 9-1-1 service plan. Require that a CMRS supplier, county, public agency, or public service agency that had a dispute with another of those entities request assistance from the emergency telephone service committee. Provide that it would be a misdemeanor knowingly to use or attempt to use an emergency telephone service for a purpose other than to call for an emergency response service from a primary public safety answering point. The bills are tie-barred to each other and to House Bills 5289 and 5653, which also would amend the Emergency Telephone Service Enabling Act to provide for wireless emergency telephone service. Senate Bill 1010 (S-3) would take effect 120 days after its enactment, and could not be construed to affect any cause of action pending in any court of this State before the bill's effective date. Senate Bill 1009 (5-3) Qualified Obligations Under the bill, an emergency telephone district board, a 9-1-1 service district, or a county, on behalf of a 9-1-1 service area created by the county, could enter into an agreement with a public agency to do either of the following: Grant a specific pledge or assignment of a lien on, or a security interest in, any money received by a 9-1-1 service district for the benefit of qualified obligations. Provide for payment directly to the public entity issuing qualified obligations of a portion of telephone operational charges sufficient to pay, when due, principal of and interest on qualified obligations. Page 1 of 4 sb1009 & 1010/9798 A pledge, assignment, lien, or security interest for the benefit of qualified obligations would be valid and binding from the time they were issued, without a physical delivery or further act. A pledge, assignment, lien, or security interest would be valid and binding and have priority over any other claim against the emergency telephone district board, the 9-1-1 service district, or any other person with or without notice of the pledge, assignment, lien, or security interest. (Senate Bill 1010 (S-3) would define "obligations" as bonds, notes, installment purchase contracts, or lease purchase agreements to be issued by a public agency under a Michigan law. "Qualified obligations" would mean obligations whose proceeds benefited the 9-1-1 district and for which all of the following conditions were met: The proceeds were used for capital expenditures, costs of a reserve fund securing the obligations, and costs of issuance. The proceeds could not be used for operational expenses. The weighted average maturity of the obligations did not exceed the useful life of the capital assets. The obligations could not in whole or in part appreciate in principal amount or be sold at a discount of more than 10%. Qualified obligations also would include obligations issued to refund obligations described above if 1) the net present value of the principal and interest to be paid on the refunding obligations, excluding the cost of issuance, would be less than the net present value of the principal and interest to be paid on the obligations being refunded; and/or 2) the obligations being refunded were financed by a voter-approved millage.) User Fees The Act specifies that the amount of emergency telephone technical charge payable monthly by a service user for recurring costs and charges may not exceed 2% of the highest monthly flat rate charged by a service supplier for a one-party access line. Under the bill, that fee could not exceed 2% of the lesser of $20 or the highest monthly rate charged by the service supplier for basic local exchange service. Currently, the amount of emergency telephone technical charge payable monthly by a service user for nonrecurring costs and charges may not exceed 5% of the highest monthly flat rate charged by the service supplier for a one-party access line. Under the bill, that fee could not exceed 5% of the lesser of $20 or the highest monthly rate charged by the service supplier for basic local exchange service. Currently, with the approval of the county board of commissioners, a county may assess an amount for recurring emergency telephone operational costs and charges that may not exceed 4% of the highest monthly flat rate charged by a service supplier for a one-party access line. Under the bill, that fee could not exceed 4% of the lesser of $20 or the highest monthly rate charged by the service supplier for basic local exchange service. The Act provides that the percentage to be set for the operational charge must be established by the county board of commissioners. The bill would add that a change to that percentage could be made only by the county board of commissioners. For a 9-1-1 service district created or enhanced after June 27, 1991, the amount of emergency telephone technical charge payable monthly by a service user for recurring costs and charges may not exceed 4% of the highest monthly flat rate charged by the service supplier for a one-party access line. Under the bill, that fee could not exceed 4% of the lesser of $20 or the highest monthly rate charged by the service supplier for basic local exchange service. Currently, a county may, with the approval of the county's voters, assess up to 16% of the highest monthly flat rate charged by a service supplier for a one-party access line. Under the bill, that fee could not exceed 16% of the lesser of $20 or the highest monthly rate charged by the service supplier for basic local exchange service. Assessments approved under the Act must be for a period of not greater than five years. Under the bill, the fees could be for a period of up to five years, unless the period specified in the ballot question for which the outstanding qualified obligations were payable, was greater than five years. The bill also specifies that the total combination of emergency telephone operational charges could not exceed 20% of the lesser of $20 or the highest monthly flat rate charged by a service supplier for a one-party access line. The bill provides that, notwithstanding any other provision of the Act, the emergency telephone technical charge and the emergency telephone operational charge could not be levied or collected sb1009 & 1010/9798 Page 2 of 4 after December 31, 2006. If all or part of the operational charge, however, had been pledged as security for the payment of qualified obligations, the operational charge could be levied and collected only to the extent required to pay the obligations or satisfy the pledge. Jurisdictional Withdrawal Under the bill, a public service agency could not withdraw any part of its jurisdiction from a 9-1-1 service district until all outstanding qualified obligations secured by emergency telephone operational charges incurred after the agency was added to the 9-1-1 service area and agreed to by the withdrawing agency and the remainder of the 9- 1-1 service district were paid or other provisions were made to pay the obligations. Senate Bill 1010 (S-3) Supplier Reauirements The bill specifies that, except for a "commercial mobile radio service" supplier, a "service supplier" would have to provide to a 9-1-1 database service provider accurate database information, including the name, service location, and telephone number of each user. The information would have to be provided in a format established and distributed by that database service provider. The information would have to be provided within one business day after the initiation of service or the processing of a service order change or within one business day after the receipt of database information from a service supplier or service district. A CMRS supplier would have to provide to the 9-1- I database service provider accurate database information for automatic location identification (ALI) and automatic number identification (ANI), in compliance with the FCC's wireless emergency service order. A service district would have to notify the service supplier or the database provider within one business day of any address coming to the service district's attention that did not match the master street address guide. "Service supplier" currently means a provider of telephone service to a service user in Michigan. The bill would add a CMRS provider to this definition. "Commercial mobile radio service" or "CMRS" would mean a commercial mobile radio service regulated under Section 3 of Title I and Section 332 of Title Ill of the Federal Communications Act (47 USC 153 & 332) and the rules of the FCC, or provided pursuant to the wireless emergency service order of the FCC (adopted June 12, 1996, and effective October 1, 1996). The term would include all of the following: -- A wireless two-way communication device, including a radio telephone used in cellular telephone service or personal communication service. -- A functional equivalent of a radio telephone communications line used in cellular telephone service or personal communication service. A network radio access line. "Database service provider" would mean a service supplier that maintained and supplied or contracted to maintain and supply an automatic location identification database or a master street address guide. "Automatic location identification" means a 9-1-1 service feature that automatically provides to the 9- 1-1 public safety answering point the name or location, or both, associated with the calling party's telephone number. "Automatic number identification" means a 9-1-1 service feature that automatically provides to the 9-1-1 public safety answering point the calling party's billing telephone number. Technical Assistance and Dispute Resolution Upon the request of a CMRS supplier, county, public agency, or public service agency, the emergency telephone service committee (in the Department of State Police), to the extent possible, would have to provide technical assistance in formulating and implementing a 9-1-1 service plan. The committee also would have to provide assistance in resolving a dispute between or among a CMRS supplier, county, public agency, or public service agency regarding their respective rights and duties under the Act. A CMRS supplier, county, public agency, or public service agency, or a combination of those entities, that had a dispute with another of those entities, arising from the formulation or implementation, or both, of a 9-1-1 service plan, would have to request assistance from the emergency telephone service committee in resolving the dispute. Criminal Offense The bill would prohibit the use of an emergency telephone service or an emergency CMRS authorized by the Act for any reason other than to Page 3 of 4 sb1009 & 1010/9798 call for an emergency response service from a primary public safety answering point. A knowing violation of that prohibition would be a misdemeanor, punishable by up to 93 days' imprisonment, a maximum fine of $1,000, or both. A second or subsequent violation would be a felony, punishable by up to two years' imprisonment, a maximum fine of $2,000, or both. These provisions would not apply to a person who called a public safety answering point to report a crime or seek assistance that was not an emergency unless the call were repeated after the person was told to call a different number. MCL 484.1401 et al. (S.B. 1009) 484.1102 eta(. (S.B. 1010) Legislative Analyst: S. Lowe FISCAL IMPACT Senate Bill 1009 (S-3) The bill would make it easier for local governments to borrow funds to make capital improvements for their 9-1-1 service district. Senate Bill 1010 (5-3) The bill would require local 9-1-1 authorities to take on additional duties and responsibilities. These costs would be paid for by revenue generated under a House bill to which this bill is tie-barred. The bill also would provide for a fine for unauthorized use of a 9-1-1 system. According to the Constitution, all penal fines must be used for support of public libraries. Fiscal Analyst: B. Baker S9798\S1009S6 This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. Analysis available @ http://www.michiganlegislature.org sb1009 & 1010/9798 Page 4 of 4 Resolution #98133 May 21, 1998 The Chairperson referred the resolution to the General Government Committee. There were no objections. Resolution #98133 June 11, 1998 Moved by Dingeldey supported by Jensen the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Dingeldey supported by Jensen the resolution be adopted. Moved by Dingeldey supported by Moffitt the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted therefor, the amendment carried. Moved by Moffitt supported by Obrecht the resolution be amended in the title so it reads, OBJECTION TO CZaTAIN Pa0VISIONS PROPOSED MODIFICATION OF HOUSE BILL 5653, IMPLEMENTATION OF UNIVERSAL EMERGENCY NUMBER SERVICE SYSTEM. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Garfield, Gregory, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, 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 11, 1998 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 11th da y Zune 1 . 1.:;;TAD7hAllen, County Clerk DEPUTY CLERK - REGISTER Chief Deputy County Clerk Director of Elections June 17, 1998 Chief Deputy Register LYNN D. ALLEN OAKLAND COUNTY CLERK — REGISTER OF DEEDS PONTIAC MI 48341-0413 G. WILLIAM CADDELL STEPHANIE A. SCHROEDER MARY JO HAMMOND SUE PAYNE State Senator Mat Dunaskiss P. 0. Box 30036 - State Capitol Lansing, MI 48909 Dear Senator Dunaskiss, Attached is a certified copy of a resolution which was adopted by the Oakland County Board of Commissioners on June 11, 1998: • Miscellaneous Resolution #98133 - Objection to Proposed Modification of House Bill 5653, Implementation of Universal Emergency Number Service System As the County Clerk/Register, I have been instructed to provide you with this adopted resolution. Since amendments were made to this resolution, I have also included a "Representative Copy". While the Representative Copy is not the official copy, it conveys more succinctly the intent of the adopted County resolution. Sincerely, Lynn D. Allen Clerk/Register ADMINISTRATIVE OFFICES 1200 N TELEGRAPH RD DEPT 413 PONTIAC MI 48341-0413 (248) 858-0560 COUNTY CLERKS OFFICE 1200 N TELEGRAPH RD DEPT 413 PONTIAC MI 48341-0413 (248) 858-0581 ELECTION DIVISION 1200 N TELEGRAPH RD DEPT 413 PONTIAC MI 48341-0413 (248) 858-0564 REGISTER OF DEEDS OFFICE 1200 N TELEGRAPH RD DEPT 480 PONTIAC MI 48341-0480 (248) 858-0605 G. WILLIAM CADDELL DEPUTY CLERK — REGISTER STEPHANIE A. SCHROEDER Chief Deputy County Clerk Director of Elections Chief Deputy Register LYNN D. ALLEN OAKLAND COUNTY CLERK — REGISTER OF DEEDS PONTIAC MI 48341-0413 MARY JO HAMMOND SUE PAYNE June 17, 1998 To All Oakland County State Legislators: Attached is a certified copy of a resolution which was adopted by the Oakland County Board of Commissioners on June 11, 1998: • Miscellaneous Resolution #98133 - Objection to Proposed Modification of House Bill 5653, Implementation of Universal Emergency Number Service System As the County Clerk/Register, I have been instructed to provide you with this adopted resolution. Since amendments were made to this resolution, I have also included a "Representative Copy". While the Representative Copy is not the official copy, it conveys more succinctly the intent of the adopted County resolution. Sincerely, Lynn D. Allen Clerk/Register ADMINISTRATIVE OFFICES 1200 N TELEGRAPH RD DEPT 413 PONTIAC MI 48341-0413 (248) 858-0560 COUNTY CLERKS OFFICE 1200 N TELEGRAPH RD DEPT 413 PONTIAC MI 48341-0413 (248) 858-0581 ELECTION DIVISION 1200 N TELEGRAPH RD DEPT 413 PONTIAC MI 48341-0413 (248) 858-0564 REGISTER OF DEEDS OFFICE 1200 N TELEGRAPH RD DEPT 480 PONTIAC MI 48341-0480 (248) 858-0605 REPRESENTATIVE COPY MISCELLANEOUS RESOLUTION #98133 BY: Donald W. Jensen, County Commissioner, District #15 IN RE: OBJECTION TO PROPOSED MODIFICATION OF HOUSE BILL 5653, IMPLEMENTATION OF UNIVERSAL EMERGENCY NUMBER SERVICE SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the FCC has mandated that all cellular phones must have the capability of automatic location identification; and WHEREAS in response to this Federal mandate, House Bill 5653 creates the State Commercial Mobile Radio Service (CMRS) emergency telephone fund to receive and disburse funds, upon appropriation, as provided in House Bill 5653; and WHEREAS Section 408 of House Bill 5653 provides that a CMRS supplier shall include a service charge of $.65 per month for each CMRS connection that has a billing address in the State, the money to be deposited in a CMRS emergency fund and the CMRS supplier shall retain 1% of the total charges collected to cover the costs of billing and collection; and WHEREAS this resolution is not to be construed as support of the 65 surcharge imposed by the State in House Bill 5653; and WHEREAS Section 409 of the act provides for the distribution of funds, as follows: To each county having an E911 plan on an equal basis: 20% To each county having an E911 plan on a per capita basis: 25% To PSAPs for training 5911 personnel: 5% To CMRS suppliers to provide and install equipment that implements the wireless emergency service order: 50% WHEREAS the operation of an E911 system requires communities to provide call taking and dispatching service 24 hours a day, 7 days a week, without interruption, involving heavy personnel and other operating costs; and WHEREAS CMRS suppliers already enjoy significant basic fees and time charges paid by cellular users, and additional revenue from cellular users estimated at $13.3 million dollars per year is considered a windfall at the expense of Oakland County and Michigan residents; and WHEREAS Section 410 of House Bill 5653 provides for a subcommittee to review expenditures under the Act, but does not include representation by the Michigan Public Safety community on the Emergency Telephone Service Subcommittee. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests the following changes to Section 409 of House Bill 5653 as to the distribution of revenues as follows: To each community having an E911 plan on an equal basis: 20% To each community having an E911 plan on a per capital basis: 45% To PSAPs for training E911 personnel: 5% To CMRS suppliers to provide and install an equipment that implements the wireless emergency service order: 30% BE IT FURTHER RESOLVED that the existing legislation be modified to require the following provisions relating to all amounts collected by CMRS suppliers: 1) that the costs eligible for reimbursement relating to the amounts collected be defined in the Act; 2) that an audit of the collections, costs charged and amounts remaining (if any) be performed to ensure that the CMRS suppliers are complying with the Act, as amended; and 3) that a copy of the audit report produced by an independent certified public accountant be provided to the Chairperson of the Board of Commissioners for each county in which the CMRS suppliers collect amounts under the Act. BE IT FURTHER RESOLVED that Section 410 of the Act be amended to include representation by the Public Safety community on the Emergency Telephone Service Committee appointed subcommittee. BE IT FURTHER RESOLVED that this resolution be sent to Senator Mat Dunaskiss and all members of the State Legislature from Oakland County, and to the Michigan Association of Counties. Chairperson, I move the adoption of the foregoing resolution. Donald W. Jensen REPORT ( Mi sc. #98133) June 11, 1998 BY: IN RE: GENERAL GOVERNMENT COMMITTEE, NANCY DINGELDEY, CHAIRPERSON MR #98133 - OBJECTION TO CERTAIN PROVISIONS OF HB 5653, IMPLEMENTATION OF UNIVERSAL EMERGENCY NUMBER SERVICE SYSTEM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The General Government Committee, having met on June 1, 1998, reports with the recommendation that the above-titled resolution be adopted with the following amendments: - Pidd as the fourth WHEREAS paragraph: WHEREAS this resolution is not to be construed as support of the 65 surcharge imposed by the State in HB 5653; and - Adds the first BE IT FURTHER RESOLVED paragraph: BE IT FURTHER RESOLVED that the existing legislation be modified to require the following provisions relating to all amounts collected by CMRS suppliers: 1) that the costs eligible for reimbursement relating to the amounts collected be defined in the Act; 2) that an audit of the collections, costs charged and amounts remaining (if any) be performed to ensure that the CMRS suppliers are complying with the Act, as amended; and 3) that a copy of the audit report produced by an independent certified public accountant be provided to the Chairman of the Board of Commissioners for each county in which the CMRS suppliers collect amounts under the Act. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTyE . GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote. May 21, 1998 Miscellaneous Resolution # 98133 BY: Donald W. Jensen, County Commissioner - District #15 RE: OBJECTION TO CERTAIN PROVISIONS OF HB 5653, IMPLEMENTATION OF UNIVERSAL EMERGENCY NUMBER SERVICE SYSTEM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the FCC has mandated that all cellular phones must have the capability of automatic location identification; and WHEREAS, in response to this federal mandate, HB 5653 creates the State CMRS emergency telephone fund to receive and disburse funds, upon appropriation, as provided in HB 5653; and WHEREAS, Sec. 408 of HB 5653 provides that a CMRS supplier shall include a service charge of $.65 per month for each CMRS connection that has a billing address in the State; the money to be deposited in a CMRS emergency fund and the CMRS supplier shall retain 1% of the total charges collected to cover the costs of billing and collection; and WHEREAS, Sec. 409 of the act provides for the distribution of funds, as follows: To each county having an E911 plan on an equal basis: 20% To each county having an E911 plan on a per capita basis: 25% To PSAPs for training E911 personnel: 5% To CMRS suppliers to provide and install equipment that implements the wireless emergency service order: 50% WHEREAS, the operation of an E911 system requires communities to provide call taking and dispatching service 24 hours a day, 7 days a week, without interruption, involving heavy personnel and other operating costs; and WHEREAS, CMRS suppliers already enjoy significant basic fees and time charges paid by cellular users, and additional revenue from cellular users estimated at $13.3 million dollars per year is considered a windfall at the expense of Oakland County and Michigan residents; and WHEREAS, Section 410 of HB 5653 provides for a subcommittee to review expenditures under the Act, but does not include representation by the Michigan Public Safety community on the Emergency Telephone Service Subcommittee. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests the following changes to section 409 of HB 5653 as to the distribution of revenues as follows: To each community having an E911 plan on an equal basis: 20% To each community having an E911 plan on a per capital basis: 45% To PSAPs for training E911 personnel: 5% To CMRS suppliers to provide and install an equipment that implements the wireless emergency service order: 30% BE IT FURTHER RESOLVED that Sec. 410 of the Act be amended to include representation by the Public Safety community on the Emergency Telephone Service Committee appointed Subcommittee. BE IT FURTHER RESOLVED that this resolution be sent to Senator Mat Dunaskiss and all members of the State Legislature from Oakland County, and to the Michigan Association of Counties. Mr. Chairperson, I move the adoption of the foregoing resolution. Resolution #98133 June 11, 1996 Moved by Dingeldey supported by Jensen the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Dingeldey supported by Jensen the resolution be adopted. Moved by Dingeldey supported by Moffitt the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted therefor, the amendment carried. Moved by Moffitt supported by Obrech': the resolution be amended in the title so it reads, OBJECTION TO CIRTAIN'PROVICIONS PROPOSED MODIFICATION OF HOUSE BILL 5653, IMPLEMENTATION OF UNIVERSAL EMERGENCY NUMBER SERVICE SYSTEM. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Garfield, Gregory, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, 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 11, 1998 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 11th day alitaline 1 S. CXA: Lyn D. Allen, County Clerk