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HomeMy WebLinkAboutResolutions - 2021.10.28 - 34964401AKLANUP-
COUNTY MICHI GAN
BOARD OF COMMISSIONERS
October 28, 2021
MISCELLANEOUS RESOLUTION #21-413
Sponsored By: Penny Luebs
IN RE: Advocate Passage of HB 5026, to Amend the Emergency 9-1-1 Service Enabling Act
Chairperson and Members of the Board:
WHEREAS the Emergency 9-1-1 Service Enabling Act. Michigan Public Act 32 of 1956. MCL §484.1101 et
seq.. as amended ("Act"), sunsets on December 31. 2021; and
WHEREAS without an extension of the Act, Oakland County has no authority to provide 9-1-1 service or to
determine the technical, operational, managerial, or fiscal aspects of9-1-1 service -within the Oakland County 9-
1-1 Service District and
WHEREAS the cost of the 9-1-1 Emergency Service IP'`etwork has been historically funded by user fees on
communication devices: and
WHEREAS user fee revenue has fallen short of expectations, which will result in a deficit in the State fund that
pays for 9-1-1 network costs by 2023: and
WHEREAS if sustainable and equitable funding is not continued to be provided through a user fee. counties
will bear the unexpected and unbudgeted cost for the network: and
WHEREAS Oakland County has already committed local 9-1-1 fees to support core 9-1-1 call taking
equipment and radio conuuunications for all law enforcement, fire. and public EMS in the county.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners mnissioners supports
enactment of HB 5026 to ensure continued operation and funding of 9-1-1 service.
BE IT FURTHER RESOLVED that the Oakland County ClerLRegister 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 legislature, the members of the State House Committee on Communications and Technology.
Chairperson. the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs.
Date: October 29, 2021
David Woodward, Commissioner
&�
Date: October 29 20
21
2
Lisa Brown, County Clerk i Register of Deeds
COMMITTEE TRACKING
2021-10-13 Full Board - Referred to LAGO
2021-10-19 Legislative Affairs and Government Operations - Recommend to Board
20_' 1-10-25 Full Board
VOTE TRACKING
Motioned by Conunissioner Michael Gingell seconded by Commissioner Given Markham to adopt the attached
Resolution: Advocate Passage of HB 5026, to Amend the Emergency 9-1-1 Service Enabling Act.
Yes: David Woodward, Michael Gingell, Michael Spisz. Karen Joliat, Kristen Nelson. Eileen Kowall, Philip
Weipert. Gwen Markham, Angela Powell, Thomas Kulm. Charles Moss, Marcia Gershenson, William Miller
III, Charles Cavell, Penny Luebs, Janet Jackson, Gary \McGillivray, Robert Hoffman, Adam Kochenderfer
(19)
No: None (0)
Abstain: None (0)
Absent: (0)
The Motion Passed.
ATTACHMENTS
1. 2021-11LA-5026
2. HB 5026 (H-1) Draft 3
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a trrie and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 28. 2021,
with the original record thereof now remaining in my office.
In Testimony N�Thereof, I have hereunto set my band and affixed the seal of the Circuit Court at Pontiac,
Michigan on Thursday. October 29, 2021.
d
Lisa Brown, ©Crd IC777d Count.v Clerk / Register ofDeedr
HOUSE
Legislative Analysis I F I AACL
EMERGENCY 9-1-1- SERVICE ENABLING ACT Phone: (517) 373-8080
http://www.hOLlgc.mi.gov/hfa
House Bill 5026 as introduced
Sponsor:
at
S Re Julie Calle Analysis available
p p' y http://www.legislature.mi.gov
Committee: Communications and Technology
Complete to 10-5-21
SUMMARY:
House Bill 5026 would amend the Emergency 9-1-1-Service Enabling Act to change the act's
sunset (expiration date) from December 31, 2021, to December 31, 2027, extending its
effectiveness by six years. The bill also would prescribe certain 9-1-1 system capabilities,
increase the state 9-1-1 charge and the prepaid wireless 9-1-1 surcharge, provide for a future
reduction of those charges under certain circumstances, require a review of collection and
remittance compliance, and change the timeline and certain notice requirements for tentative
and final 9-1-1 service plans, among other changes described below.
9-1-1 system capabilities
The bill would require a 9-1-1 system to be capable of processing all 9-1-1 requests for service
originating from devices connected to a communication service located in the emergency
9-1-1 district. A 9-1-1 request for service received from a location that is not within the service
district would have to be processed to the extent technically feasible, via transfer or relay
method, to the appropriate primary safety answering point (PSAP). t
9-1-1 service charges
Currently, each service supplier in a 9-1-1 service district bills and collects a state 9-1-1 charge
from all service users (except prepaid wireless users) within the service district. The charge is
currently 25 cents per month. The bill would increase this to 27 cents per month, beginning 60
days after the bill takes effect.
For prepaid wireless users, a seller must collect a prepaid wireless 9-1-1 surcharge of 5.0% per
retail transaction occurring in Michigan. The bill would increase this surcharge to 6.5% per
retail transaction.
Cost reimbursements
The act now requires that 25.56% of the money in the Emergency 9-1-1 Fund be available to
reimburse local exchange providers for costs related to providing wireless emergency service
and reimburse IP-based 9-1-1 service providers for costs related to providing IP-based 9-1-1
emergency service. The applicable entities may submit an invoice on a quarterly basis to the
Michigan Public Service Commission (MPSC) for reimbursement for allowed costs.
The bill would provide that the quarterly invoice cannot be submitted earlier than the fifteenth
day of the first month of the quarter. In addition, the bill would require MPSC to notify the
Department of Treasury within five business days after it approves an invoice. The Department
of Treasury would have to pay the approved invoice within 30 days after receiving that notice.
Several of the terms used in this summary have specific definitions given to them for purposes of the act (for instance,
in this provision, communication service, emergency 9-1-1 district, transfer method, relay method, and primary
.safety ans)veringpoint). See httos://www.legislature.mi.gov/docutnents/met/ndf/mel-484-1102.ndf
House Fiscal Agency Page 1 of 3
Reductions to 9-1-1 service charees
The bill would allow MPSC to initiate a proceeding to reduce the state 9-1-1 charge and the
prepaid wireless 9-1-1 surcharge if, after April 1, 2024, the amount to be distributed for cost
reimbursement as described above exceeds $10.0 million for three consecutive quarters. The
reduction would be made proportionately to ensure that the average quarterly balance to be
distributed is sufficient to reimburse at least six months of ongoing approved costs related to
transport, routing, or delivery to PSAPs of IP-based 9-1-1 emergency service.
If all emergency 9-1-1 districts in this state have not been fully converted to or contracted with
an IP-based 9-1-1 service provider at the time of the proceeding, MPSC would have to take
that into consideration, along with any incurred cost that has not been reimbursed by the IP-
based 9-1-1 service provider, when determining the reduction.
MPSC would have to allow an interested person to intervene in a proceeding. MPSC would
have to issue a final order within 90 days after the start of the proceeding and notify the
legislature and IP-based 9-1-1 service providers within 10 days after issuing the final order.
Reductions to the state 9-1-1 charge and prepaid wireless 9-1-1 surcharge would take effect 60
days after the commission issues its final order.
Collection and remittance compliance
The Department of Treasury, in cooperation and conjunction with the State 9-1-1 Committee,
would have to review the Emergency 9-1-1 Fund for compliance in the collection and
remittance of prepaid wireless 9-1-1 surcharges under the act. (These surcharges are remitted
monthly and deposited into the fund.) The review would have to contain findings on at least
all of the following:
s The amount of money owed to the Emergency 9-1-1 Fund for prepaid wireless 9-1-1
surcharges.
• The amount of money remitted to the fund for prepaid wireless 9-1-1 surcharges.
• Any other pertinent information to locate and address noncompliance with the
collection and remittance of prepaid wireless 9-1-1 surcharges as determined by the
Department of Treasury or the State 9-1-1 Committee.
• Any other pertinent information on the marketplace that could help accurately predict
revenue from prepaid wireless 9-1-1 surcharges.
The Department of Treasury and the State 9-1-1 Committee would have to issue a report to the
legislature regarding the above findings by June 30, 2023. The report also would have to
contain recommendations to the legislature to increase compliance.
In addition, the bill would authorize the Department of Treasury to audit sellers for compliance
in the collection and remittance of prepaid wireless 9-1-1 surcharges under the act. A seller
found to not be in compliance would have to be notified by the department and would have 60
days to comply. A seller not in compliance after the 60 days would have to remit the balance
owed, in addition to applicable penalties. After the 60-day period, a penalty of 5% of the unpaid
amount would be assessed each month until the amount owed is paid in full, up to a maximum
penalty of 25% of the unpaid amount.
Tentative and final 9-1-1 service plans
The bill would revise some timing and notice requirements for tentative and final 9-1-1 service
plans adopted by a county board of commissioners to establish an emergency 9-1-1 district.
House Fiscal Agency HB 5026 as introduced Page 2 of 3
Currently, a resolution adopting a tentative 9-1-1 service plan must provide information about
a public hearing on the final plan. The bill instead would still refer to the plan as a tentative
plan at this point in the process. The plan would not become the final 9-1-1 service plan until
it has been adopted by the county board of commissioners after the hearing.
After adopting a resolution adopting a tentative plan, the county clerk must forward a copy of
the resolution and a copy of the plan to relevant local officials. Instead of requiring a copy of
the plan to be sent, the bill would require a letter to be sent that indicates where an electronic
or paper copy of the plan can be obtained. This information would also have to be included in
the public notice of the hearing on the plan, which under the bill could be published in a
newspaper or other media outlet of general circulation in the county. (The law now specifically
requires publication in a newspaper.)
After a final plan has been adopted, the county board of commissioners may amend it by
resolution for certain listed reasons, to which the bill would add changes involving the addition
or deletion of primary or secondary PSAPs in the 9-1-1 service district. The bill also would
allow grammatical changes to be made to a final plan without a resolution of the board.
Other urovisions
The bill would remove obsolete provisions pertaining to a report that had to be filed by the
MPSC by December 1, 2020.
The bill would remove several provisions that now prescribe procedures for routing emergency
calls from a multiline telephone system, including verifying the location of callers using such
a system.'- The bill instead would require a multiline telephone system to comply with the most
up-to-date version of 49 CFR 9.15 to 9.17.3
The bill would make several other changes that appear to be technical in nature.
Sunset
As described above, the act now provides that it is repealed on December 31, 2021. The bill
would change this date to December 31, 2027.
MCL 484.1102 of seq.
FISCAL IMPACT:
A fiscal analysis is in progress.
Legislative Analyst: E. Best
Fiscal Analyst: Marcus Coffin
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations, and does not constitute an official statement of legislative intent.
2 See https://wA,w.leeislattire.rni,vov/documents/2019-2020/billanalvsis/House/pdf`/2019-HLA-4249-D49EB369.ndf
s This link is to the most up-to-date version as of this writing. The Federal Communications Commission would be
responsible for any future versions. httns://Nvww.eefr.uov/current/title-47/chanter-I/subchapter-A/nart-9/subpart-F
House Fiscal Agency HB 5026 as introduced Page 3 of 3
nl T V m '
SUBSTITUTE FOR
HOUSE BILL NO. 5026
A bill to amend 1986 PA 32, entitled
"Emergency 9-1-1 service enabling act,"
by amending sections 102, 205, 303, 304, 305, 307, 308, 309, 310,
312, 320, 401a, 401c, 408, 413, 713, and 717 (MCL 484.1102,
484.1205, 484.1303, 484.1304, 484.1305, 484.1307, 484.1308,
484.1309, 484.1310, 484.1312, 484.1320, 484.1401a, 484.1401c,
484.1408, 484.1413, 484.1713, and 484.1717), sections 102, 312,
401a, and 401c as amended by 2018 PA 51, sections 205, 303, 307,
308, and 320 as amended by 2007 PA 164, section 408 as amended by
2019 PA 76, section 413 as amended by 2019 PA 30, section 713 as
added by 1999 PA 79, and section 717 as amended by 2012 PA 260, and
by adding section 401f; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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1 Sec. 102. As used in this act:
2 (a) "Automatic location identification" or "ALI" means a 9-1-1
3 service feature provided by the service supplier that automatically
4 provides the name and service address or, for a CMRS service
5 supplier, the location associated with the calling party's
6 telephone number as identified by automatic number identification
7 to a 9-1-1 public safety answering point.
8 (b) "Automatic number identification" or "ANI" means a 9-1-1
9 service feature provided by the service supplier that automatically
10 provides the calling party's telephone number to a 9-1-1 public
11 safety answering point.
12 (c) "Commercial mobile radio service" or "CMRS" means
13 commercial mobile radio service regulated under section 3 of title
14 I and section 332 of title III of the communications act of 1934,
15 chapter 652, 48 Stat 1064, 47 USC 153 and 332, and the rules of the
16 Federal Communications Commission or provided under the wireless
17 emergency service order. Commercial mobile radio service or CMRS
18 includes all of the following:
19 (i) A wireless 2-way communication device, including a radio
20 telephone used in cellular telephone service or personal
21 communication service.
22 (ii) A functional equivalent of a radio telephone
23 communications line used in cellular telephone service or personal
24 communication service.
25 (iii) A network radio access line.
26 (d) "Commission" means the Michigan public service commission.
27 (e) "Committee" means the emergency 9-1-1 service committee
28 created under section 712.
29 (f) "Common network costs" means the costs associated with the
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1 common network required to deliver a 9-1-1 call with ALI and ANI
2 from a selective router or emergency services routing proxy to the
3 proper PSAP and the costs associated with the 9-1-1 database and
4 data distribution system of the primary 9-1-1 service supplier
5 identified in a county 9-1-1 plan. As used in this subdivision,
6 "common network" means the elements of a service supplier's network
7 that are not exclusive to the supplier or technology capable of
8 accessing the 9-1-1 system.
9 (g) "Communication service" means a service capable of
10 accessing, connecting with, or interfacing with a 9-1-1 system,
11 exclusively through the numerals 9-1-1, by dialing, initializing,
12 or otherwise activating the 9-1-1 system through the numerals 9-1-1
13 by means of a local telephone device, cellular telephone device,
14 wireless communication device, interconnected voice over the
15 internet device, or any other means.
16 (h) "CMRS connection" means each number assigned to a CMRS
17 customer.
18 (i) "Consolidated dispatch" means a countywide or regional
19 emergency dispatch service that provides dispatch service for 75%
20 or more of the law enforcement, fire fighting, emergency medical
21 service, and other emergency service agencies within the
22 geographical area of a 9-1-1 service district or serves 75% or more
23 of the population within a 9-1-1 service district.
24 (j) "County 9-1-1 charge" means the charge allowed under
25 sections 401b and 401e.
26 (k) "Database service provider" means a service supplier who
27 maintains and supplies or contracts to maintain and supply an ALI
28 database or an MSAG.
29 (l) "Direct dispatch method" means that the agency receiving
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1 the 9-1-1 call at the public safety answering point decides on the
2 proper action to be taken and dispatches the appropriate available
3 public safety service unit located closest to the request for
4 public safety service.
5 (m) "Emergency response service" or "ERS" means a public or
6 private agency that responds to events or situations that are
7 dangerous or that are considered by a member of the public to
8 threaten the public safety. An emergency response service includes
9 a police or fire department, an ambulance service, or any other
10 public or private entity trained and able to alleviate a dangerous
11 or threatening situation.
12 (n) "Emergency service zone" or "ESZ" means the designation
13 assigned by a county to each street name and address range that
14 identifies which emergency response service is responsible for
15 responding to an exchange access facility's premises.
16 (o) "Emergency telephone charge" means the emergency telephone
17 operational charge and emergency telephone technical charge allowed
18 under section 401.
19 (p) "Emergency 9-1-1 district" or "9-1-1 service district"
20 means the area in which 9-1-1 service is provided or is planned to
21 be provided to service users under a 9-1-1 system implemented under
22 this act.
23 (q) "Emergency 9-1-1 district board" means the governing body
24 created by the hoard of commissioners of the county or counties
25 with authority over an emergency 9-1-1 district.
26 (r) "Emergency telephone operational charge" means a charge
27 allowed under section 401 for nonnetwork technical equipment and
28 other costs directly related to the dispatch facility and the
29 operation of 1 or more PSAPs including, but not limited to, the
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1 costs of dispatch personnel and radio equipment necessary to
2 provide 2-way communication between PSAPs and a public safety
3 agency. Emergency telephone operational charge does not include
4 non-PSAP related costs such as response vehicles and other
5 personnel.
6 (s) "Emergency telephone technical charge" means a charge as
7 allowed under section 401 or 401d for costs directly related to 9-
8 1-1 service including plant -related costs associated with the use
9 of the public switched telephone network or 1P-based 911 transport
10 network from the end user to the selective router or emergency
11 services routing proxy, the network start-up costs, customer
12 notification costs, common network costs, administrative costs,
13 database 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 approved under sections 305, 307, 308, 309, and
28 310 and has been modified only to reflect grammatical changes and
29 necessary changes resulting from any failure of public safety
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1 agencies to be designated as PSAPs or secondary PSAPs under section
2 307.
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 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 (w) "Master street address guide" or "MSAG" means a perpetual
15 database that contains information continuously provided by a
16 service district that defines the geographic area of the service
17 district and includes an alphabetical list of street names, the
18 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) "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) "Person" means an individual, corporation, partnership,
26 association, governmental entity, or any other legal entity.
27 (z) "Prepaid wireless telecommunications service" means a
28 commercial mobile radio service that allows a caller to dial 9-1-1
29 to access the 9-1-1 system and is paid for in advance and sold in
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1 predetermined units or dollars of which the number declines with
2 use in a known amount.
3 (aa) "Primary public safety answering point", "PSAP", or
4 "primary PSAP" means a communications facility operated or answered
5 on a 24-hour basis assigned responsibility by a public agency or
6 county to receive 9-1-1 calls and to dispatch public safety
7 response services, as appropriate, by the direct dispatch method,
8 relay method, or transfer method. It is the first point of
9 reception by a public safety agency of a 9-1-1 call and serves the
10 sdic is c it. -hich _t is _-wed and ct-<cr participating
11 jurisdictions. , if aF.y.
12 (bb) "Prime rate" means the average predominant prime rate
13 quoted by not less than 3 commercial financial institutions as
14 determined by the department of treasury.
15 (cc) "Private safety entity" means a nongovernmental
16 organization that provides emergency fire, ambulance, or medical
17 services.
18 (dd) "Public agency" means a village, township, charter
19 township, or city within the state and any special purpose district
20 located in whole or in part within the state.
21 (ee) "Public safety agency" means a functional division of a
22 public agency, county, or the state that provides fire fighting,
23 law enforcement, ambulance, medical, or other emergency services.
24 (ff) "Qualified obligations" means obligations that meet 1 or
25 more of the following:
26 (i) The proceeds of the obligations benefit the 9-1-1 district,
27 and for which all of the following conditions are met:
28 (A) The proceeds of the obligations are used for capital
29 expenditures, costs of a reserve fund securing the obligations, and
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1 costs of issuing the obligations. The proceeds of obligations must
2 not be used for operational expenses.
3 (B) The weighted average maturity of the obligations does not
4 exceed the useful life of the capital assets.
5 (C) The obligations do not in whole or in part appreciate in
6 principal amount or are not sold at a discount of more than 10°.
7 (ii) The obligations are issued to refund obligations that meet
8 the conditions described in subparagraph (i) and the net present
9 value of the principal and interest to be paid on the refunding
10 obligations, excluding the cost of issuance, will be less than the
11 net present value of the principal and interest to be paid on the
12 obligations being refunded, as calculated using a method approved
13 by the department of treasury.
14 (gg) "Relay method" means that a PSAP notes pertinent
15 information and relays it by a communication service to the
16 appropriate public safety agency or other provider of emergency
17 services that has an available emergency service unit located
18 closest to the request for emergency service for dispatch of an
19 emergency service unit.
20 (hh) "Secondary public safety answering point" or "secondary
21 PSAP" means a communications facility of a public safety agency or
22 private safety entity that receives 9-1-1 calls by the transfer
23 method only and generally serves as a centralized location for a
24 particular type of emergency call.
25 (ii) "Service supplier" means a person providing a
26 communication service to a service user in this state.
27 (jj) "Service user" means a person receiving a communication
28 service.
29 (kk) "State 9-1-1 charge" means the charge provided for under
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1 section 401a.
2 (11) "Tariff" means the rate approved by the public service
3 commission for 9-1-1 service provided by a particular service
4 supplier. Tariff does not include a rate of a commercial mobile
5 radio service by a particular supplier.
6 (mm) "Tentative 9-1-1 service plan" means a plan prepared by 1
7 or more counties for implementing a 9-1-1 system in a specified 9-
8 1-1 service district.
9 (nn) "Transfer method" means that a PSAP transfers the 9-1-1
10 call directly to the appropriate public safety agency or other
11 provider of emergency service that has an available emergency
12 service unit located closest to the request for emergency service
13 for dispatch of an emergency service unit.
14 (oo) "Universal emergency number service" or "9-1-1 service"
15 means public communication service that provides service users with
16 the ability to reach a public safety answering point by dialing the
17 digits "9-1-1".
18 (pp) "Universal emergency number service system" or "9-1-1
19 system" means a system for providing 9-1-1 service under this act.
20 (qq) "Wireless emergency service order" means the order of the
21 €-edcral ssirasuFisatisne eorm.issisn, Federal Communications
22 Commission, FCC docket No. 94-102, adopted June 12, 1996 with an
23 effective date of October 1, 1996.
24 Sec. 205. (1) A 9-1-1 system established under this act shall
25 must be capable of transmitting requests for law enforcement, fire
26 fighting, and emergency medical and ambulance services to 1 or more
27 public safety agencies which provide the requested service to the
28 place where the call originates.
29 (2) A 9-1-1 system sha must process all 9-1-1 calls
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1 originating from telephones within an exchange any part of which is
2 within the emergency 9-1-1 district served by the system. This
3 requirement does not apply to any part of an exchange not located
4 within the county or counties that established the 9-1-1 system if
5 that part has been included in an implemented 9-1-1 system for the
6 county within which that part is located.
7 (3) A 9-1-1 system must be capable of processing all 9-1-1
8 requests for service originating from devices connected to a
9 communications service located within the emergency 9-1-1 district.
10 A 9-1-1 request for service that is received, but is not from a
11 location within the service district, must be processed to the
12 extent technically feasible, via transfer or relay method, to the
13 appropriate PSAP.
14 (4) ()A 9-1-1 system may provide for transmittal of requests
15 for other emergency services, such as poison control, suicide
16 prevention, and civil defense. Conferencing capability with
17 counseling, aid to persons with disabilities, and other services as
18 considered necessary for emergency response determination may be
19 provided by the 9-1-1 system.
20 Sec. 303. (1) To establish an emergency 9-1-1 district and to
21 cause 9-1-1 service to be implemented within that emergency 9-1-1
22 district, the board of commissioners of a county shall first adopt
23 a tentative 9-1-1 service plan by resolution.
24 (2) A tentative 9-1-1 service plan h�must comply with
25 chapter II and , a must address at a minimum all of the
26 following:
27 (a) Technical considerations of the service supplier,
28 including but not limited to, system equipment for facilities to be
29 used in providing emergency 9-1-1 service.
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1 (b) Operational considerations, including but not limited to,
2 the designation of PSAPs and secondary PSAPs, the manner in which
3 9-1-1 calls will be processed, the dispatch functions to be
4 performed, plans for documenting closest public safety service unit
5 dispatching requirements, the dispatch of Michigan state police
6 personnel, and identifying information systems to be utilized.
7 (c) Managerial considerations including the organizational
8 form and agreements that would control technical, operational, and
9 fiscal aspects of the emergency 9-1-1 service.
10 (d) Fiscal considerations including projected nonrecurring and
11 recurring costs with a financial plan for implementing and
12 operating the system.
13 (3) The tentative 9-1-1 service plan -.n.�'-r-r�_ must require each
14 public agency operating a PSAP under the 9-1-1 system to pay
15 directly for all installation and recurring charges for terminal
16 equipment, including Winer prcr.is s call handling equipment,
17 associated with the public agency's PSAP, and may require each
18 public agency operating a PSAP under the 9-1-1 system to pay
19 directly to the service supplier all installation and recurring
20 charges for all 9-1-1 emehan c =.d tin linss connectivity
21 associated with the public agency's PSAP.
22 Sec. 304. A resolution adopting a tentative 9-1-1 service plan
23 rarsuant to under section 303 slra-l-�must specify a time, date, and
24 place for the public hearing to be held on the gal tentative 9-1-
25 1 service plan p te—under section 309. , :shish The date
26shalrof the public hearing must be not less than 90 days after the
27 date of the adoption of the resolution authorized by this section.
28 Sec. 305. Within 5 days after the adoption of a resolution
29 authorized in section 303, the county clerk shall forward a copy of
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1 siieh resolution, together with a letter indicating where an
2 electronic or paper copy of the tentative 9-1-1 service plan can be
3 obtained, by certified mail, return receipt requested, to the clerk
4 or other appropriate official of each public agency located within
5 the 9-1-1 district of the tentative 9-1-1 service plan.
6 Sec. 307. (1) Any public safety agency designated in the
7 tentative 9-1-1 service plan under section 303 intending to
8 function as a PSAP or secondary PSAP ah rmust be se designated as
9 such under the final 9-1-1 service plan if the public safety agency
10 files with the county clerk a notice of intent to function as a
11 PSAP or secondary PSAP within 45 days after the public agency wh- el3
12 zee sa€�—t-i ahc-nsy has b:c-n ceignato tc scree by the
13 t nt-.ti-s-c S l l s reins plaF. receives a copy of the resolution and
14 thet tuti.c 4 1 1 ssrvos plus: ade-�letter under section 303.
15 305. The notice of intent to function as a PSAP or secondary PSAP
16shalrmust be in substantially the following form:
17 NOTICE OF INTENT TO FUNCTION
18 AS A PSAP OR SECONDARY PSAP
19
20 Pursuant to section 307 of the emergency 9-1-1
21 service enabling act, shall
22 function as a (check one) PSAP
23 Secondary PSAP within the 9-1-1 service district
24 of the tentative 9-1-1 service plan adopted by resolution
25 of the board of commissioners for the county of
26 on 19
27
28 (Acknowledgment)
29 (2) If a public safety agency designated as a PSAP or
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1 secondary PSAP in the tentative 9-1-1 service plan fails to file a
2 notice of intent to function as a PSAP or secondary PSAP within the
3 time period specified in subsection (1), the public safety agency
4 e�must not be designated as a PSAP or secondary PSAP in the
5 final 9-1-1 service plan.
6 Sec. 308. The clerk of each county h c�that has adopted a
7 tentative 9-1-1 service plan under section 303 shall give notice by
8 publication of the hearing on the final tentative 9-1-1 service
9 plan to be held under section 309. The notice �rmust be
10 published twice in a newspaper or other media outlet of general
11 circulation within the county, the first publication of the notice
12 occurring at least 30 days prior to the date of the hearing. The
13 notice -�must state all of the following:
14 (a) The time, date, and place of the hearing.
15 (b) A description of the boundaries of the 9-1-1 service
16 district of the final 9-1-1 service plan.
17 (c) mI,�:F If the board of commissioners of the county, after
18 a hearing, adopts the final 9-1-1 service plan under this act, the
19 state 9-1-1 charge and, if a county 9-1-1 charge has been approved,
20 a county 9-1-1 charge -must be collected on a uniform basis
21 from all service users within the 9-1-1 service district.
22 (d) The location where an electronic or paper copy of the
23 tentative 9-1-1 service plan can be obtained.
24 Sec. 309. The board of commissioners shall conduct a hearing
25 on the r'_nal tentative 9-1-1 service plan at the time, place, and
26 date specified in the notice published r Est nt is under section
27 308. All persons attending the meeting s-a rmust be afforded a
28 reasonable opportunity to be heard.
29 Sec. 310. After conducting the hearing on the final tentative
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1 9-1-1 service plan puns ant t: under this act, the board of
2 commissioners of the affected county may adopt by resolution the
3 fnaartentative 9-1-1 service plan making it the final 9-1-1
4 service plan. Upon adoption of the resolution, the county, on
5 behalf of public agencies located within the 9-1-1 service
6 district, shall apply in writing to the service supplier or
7 suppliers designated to provide 9-1-1 service within the 9-1-1
8 service district under the final 9-1-1 service plan.
9 Sec. 312. (1) Except as otherwise provided under subsection
10 (2), after a final 9-1-1 service plan has been adopted under
11 section 310, a county may amend the final 9-1-1 service plan only
12 by complying with the procedures described in sections 301 to 310.
13 Upon adoption of an amended final 9-1-1 service plan by the county
14 board of commissioners, the county shall forward the amended final
15 9-1-1 service plan to the service supplier or suppliers designated
16 to provide 9-1-1 service within the 9-1-1 service district as
17 amended. Upon receipt of the amended final 9-1-1 service plan, each
18 designated service supplier shall implement as soon as feasible the
19 amendments to the final 9-1-1 service plan in the 9-1-1 service
20 district as amended.
21 (2) The county board of commissioners may by resolution make
22 minor amendments to the final 9-1-1 service plan for any of the
23 following:
24 (a) Changes in PSAP premises equipment, including, but not
25 limited to, computer -aided dispatch systems, call processing
26 equipment, and computer mapping.
27 (b) Changes involving the participating public safety agencies
28 within a 9-1-1 service district.
29 (c) Changes involving the addition or deletion of primary or
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1 secondary PSAPs within the 9-1-1 service district.
2 (d) (e) Changes in the 9-1-1 charges collected by the county
3 subject to the limits under this act.
4 (e) (4) Changes in 9-1-1 service providers to include IP-based
5 9-1-1 service providers that meet the next generation 9-1-1
6 standards set by the National Emergency Number Association.
7 Sec. 320. (1) The county shall create an emergency 9-1-1
8 district board if a county creates a consolidated dispatch within
9 an emergency 9-1-1 district after March 2, 1994.
10 (2) The membership of the board and the board's powers and
11 duties shall I-= are determined by the county board of
12 commissioners. The membership of the board — ' must include a
13 representative of the county sheriff or his or her designated
14 representative, a representative of the Michigan state police
15 designated by the director of the Michigan state police, and a
16 firefighter. If the emergency 9-1-1 district consists of more than
17 1 county, i>� z�_`- rc-rrescr=t `ivc shall be ap psintcd by the
18 president of the Michigan ahez fs' asscciation.Sheriffs'
19 Association shall appoint the sheriff representative.
20 (3) A county or other public agency may make appropriations to
21 the emergency 9-1-1 district board.
22 (4) A public agency may contract with the emergency 9-1-1
23 district board, and persons who are both members of the board and
24 of the governing body of the public agency may vote both on the
25 board and the body if approved by the contract.
26 (5) The basis under which a consolidated dispatch meets the
27 requirement for being a doe, c.h primary PSAP under section 102(e)
28 shall deteEfR a 102 determines the system to be used in dispatching
29 participating service units.
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1 Sec. 401a. (1) Each service supplier within a 9-1-1 service
2 district shall bill and collect a state 9-1-1 charge from all
3 service users, except for users of a prepaid wireless
4 telecommunications service, of the service supplier within the
5 geographical boundaries of the 9-1-1 service district or as
6 otherwise provided by this section. The state 9-1-1 charge must be
7 uniform per each service user within the 9-1-1 service district.
8 (2) The state 9-1-1 charge must be collected in accordance
9 with the regular billings of the service supplier. Except as
10 otherwise provided under this act, the amount collected for the
11 state 9-1-1 charge must be remitted quarterly by the service
12 supplier to the state treasurer and deposited in the emergency 9-1-
13 1 fund created under section 407. The charge allowed under this
14 section must be listed separately on the customer's bill or payment
15 receipt or otherwise disclosed to the consumer.
16 (3) 5" d sf th-- 3ti1n
17 a z.d tsr7. EEt that am.c-i.ded this scstisn, the Etatc 9 1 1 eharye }s
18 10 sants. Ecginniny �n a`tEr the cffcetiec d to E€ the 29-1-9
19 a ary act that am, r.ded tY is c y .�,,-Subject to section 401f,
20 the state 9-1-1 charge is 25 cents. The state 9-1-1 charge must
21 reflect the actual costs of operating, maintaining, upgrading, and
22 other reasonable and necessary expenditures for the 9-1-1 system in
23 this state.
24 (4) If a service user has multiple access points or access
25 lines, the state 9-1-1 charge will be imposed separately on each of
26 the first 10 access points or access lines and then 1 charge for
27 each 10 access points or access lines per billed account.
28 Sec. 401c. (1) A seller shall collect a prepaid wireless 9-1-1
29 surcharge from a consumer for each retail transaction occurring in
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1
this state.
2
(2)
The Subject to section 401f, the amount of the prepaid
3
wireless
9-1-1 surcharge is 5.9% 6.0% per retail transaction. The
4
charge allowed
under this section must be either separately stated
5
on an invoice,
receipt, or other similar document that is provided
6
to a consumer
by the seller or otherwise disclosed to the consumer.
7
(3)
Each of the following transactions is considered to have
8
occurred
in this state:
9
(a)
A retail transaction that is effected in person by a
10
consumer
at a business location of a seller located in this state.
11
(b)
A retail transaction that is treated as occurring in this
12
state as
provided in section 3c of the use tax act, 1937 PA 94, MCL
13
205.93c,
as that section applies to a prepaid wireless calling
14
service.
15
(4)
A prepaid wireless 9-1-1 surcharge is the liability of the
16
consumer
and not of the seller or of any provider.
17
(5)
Except as otherwise provided in subsection (6), if a
18
prepaid
wireless telecommunications service is sold with 1 or more
19
products
or services for a single, nonitemized price, the seller
20
shall collect
5.0%-6.0% on the entire nonitemized price unless the
21
seller elects
to do the following:
22
(a)
If the amount of the prepaid wireless telecommunications
23
service
is disclosed to the consumer as a dollar amount, apply the
24
percentage
to that dollar amount.
25
(b)
If the seller can identify the portion of the price that
26 is attributable to the prepaid wireless telecommunications service
27 by reasonable and verifiable standards from its books and records
28 that are kept in the regular course of business for other purposes
29 including, but not limited to, nontax purposes, apply the
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
percentage to that portion.
(6) If a minimal amount of prepaid wireless telecommunications
service is sold with a prepaid wireless device for a single,
nonitemized price, a seller may elect not to apply the percentage
specified in subsection (5)(a) to that transaction. As used in this
subsection, "minimal amount" means an amount of service denominated
as 10 minutes or less or $5.00 or less.
(7) The seller shall remit the prepaid wireless 9-1-1
surcharge monthly to the state treasurer who shall deposit it in
the emergency 9-1-1 fund created in section 407.
(8) A seller may retain 2° of prepaid wireless 9-1-1
surcharges that are collected by the seller to reimburse the seller
for its direct costs in collecting and remitting the prepaid
wireless 9-1-1 surcharges.
(9) A provider or seller of prepaid wireless
telecommunications service is not liable for damages to any person
resulting from or incurred in connection with the provision of, or
failure to provide, 9-1-1 service or for identifying or failing to
identify the telephone number, address, location, or name
associated with any person or device that is accessing or
attempting to access 9-1-1 service.
(10) A provider or seller of prepaid wireless
telecommunications service is not liable for damages to any person
resulting from or incurred in connection with the provision of any
lawful assistance to any investigative or law enforcement officer
of the United States, this state, or any other state in connection
with any lawful investigation or other law enforcement activity by
that law enforcement officer.
(11) The department, in cooperation and in conjunction with
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1 the state 9-1-1 committee, shall review the emergency 9-1-1 fund
2 created in section 407 for collection and remittance compliance
3 under this section. The review must contain findings on at least
4 all of the following:
5 (a) The amount of money owed to the emergency 9-1-1 fund
6 created in section 407 under this section.
7 (b) The amount of money remitted to the emergency 9-1-1 fund
8 created in section 407 under this section.
9 (c) Any other pertinent information to locate and address
10 noncompliance with this section as determined by the department or
11 the state 9-1-1 committee.
12 (d) Any other pertinent information on the prepaid mobile
13 wireless calling service and prepaid wireless calling service
14 marketplace that may help accurately predict revenue under this
15 section.
16 (12) By not later than June 30, 2023, the department and the
17 state 9-1-1 committee shall issue a report to the legislature
18 regarding the findings under subsection (11). In addition to the
19 required information under subsection (11), the report must contain
20 recommendations to the legislature to increase compliance with this
21 section.
22 (13) Not more than once every 24 months, the department may
23 perform a reasonable audit of a seller to determine whether the
24 seller has correctly collected and remitted the prepaid wireless 9-
25 1-1 surcharge due under this section during the preceding 36-month
26 period. All records reasonably necessary for the audits must be
27 made available by the seller at the location where the records are
28 kept in the ordinary course of business. I£ the location described
29 in this subsection is not in this state, the records must be made
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RMW H00481'21 (H-1) Draft 3 s 03715 09292021
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1 available within this state. The department and the seller are each
2 responsible for their respective costs of the audit under this
3 subsection. All of the following apply to an audit under this
4 subsection:
5 (a) Any additional amount due for prepaid wireless 9-1-1
6 surcharges verified by the department is an assessment that may be
7 appealed under section 22 of the revenue act, 1941 PA 122, MCL
8 205.22.
9 (b) Any additional amount due for prepaid wireless 9-1-1
10 surcharges verified by the department must be paid by the seller
11 within 30 days after the assessment becomes final under section 22
12 of the revenue act, 1941 PA 122, MCL 205.22.
13 (c) Any claims by the department that prepaid wireless 9-1-1
14 surcharges due under this section have not been paid as required,
15 and any claims for refunds or other corrections to the remittance
16 of a seller, must be made within 3 years from the date the prepaid
17 wireless 9-1-1 surcharges are remitted.
18 (14) +1-1-�As used in this section:
19 (a) "Consumer" means a person who purchases prepaid wireless
20 telecommunications services in a retail transaction.
21 (b) "Department" means the Michigan department of treasury.
22 (c) "Prepaid wireless 9-1-1 surcharge" means the fee that is
23 required to be collected by a seller from a consumer in the amount
24 established under subsection (2).
25 (d) "Provider" means a person that provides prepaid wireless
26 telecommunications services under a license issued by the Federal
27 Communications Commission.
28 (e) "Retail transaction" means the purchase of prepaid
29 wireless telecommunications service from a seller for any purpose
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1 other than resale.
2 (f) "Seller" means a person who sells prepaid wireless
3 telecommunications service to another person.
4 Sec. 401f. (1) If after December 31, 2025, the amount to be
5 distributed under section 408(4)(b) exceeds $12,000,000.00 for 3
6 consecutive quarters, the commission may initiate a proceeding to
7 reduce the state 9-1-1 charge in section 401a and the prepaid
8 wireless 9-1-1 surcharge under section 401c(2) proportionately to
9 ensure that the average quarterly balance to be distributed under
10 section 408(4)(b) is sufficient to reimburse at least 6 months of
11 ongoing approved costs related to transport, routing, or delivery
12 to PSAPs of IP-based 9-1-1 emergency service.
13 (2) If all emergency 9-1-1 districts in this state have not
14 been fully converted to or contracted with an IP-based 9-1-1
15 service provider at the time of the proceeding under subsection
16 (1), the commission shall take that into consideration along with
17 any incurred cost that has not been reimbursed by the IP-based 9-1-
18 1 service provider when determining the reduction described in
19 subsection (1).
20 (3) The commission must allow an interested person to
21 intervene in a proceeding under subsection (1).
22 (4) Within 90 days after a proceeding commences under
23 subsection (1), the commission shall issue a final order. The
24 commission shall notify the legislature and IP-based 9-1-1 service
25 providers of a final order within 10 days of issuing the final
26 order.
27 (5) Reductions to the state 9-1-1 charge under section 401a
28 and the prepaid wireless 9-1-1 surcharge under section 401c(2) take
29 effect 60 days after the commission issues a final order under
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1 subsection (4).
2 Sec. 408. (1) Except as otherwise provided under this act, a
3 service supplier shall bill and collect a state 9-1-1 service
4 charge per month as determined under section 401a. The service
5 supplier shall list the state 9-1-1 service charge authorized under
6 this act as a separate line item on each bill as the "state 9-1-1
7 charge".
8 (2) Each service supplier may retain 2% of the state 9-1-1
9 charge collected under this act to cover the supplier's costs for
10 billing and collection.
11 (3) Except as otherwise provided under subsection (2), the
12 money collected as the state 9-1-1 charge under subsection (1) must
13 be deposited in the emergency 9-1-1 fund created in section 407 no
14 later than 30 days after the end of the quarter in which the state
15 9-1-1 charge was collected.
16 (4) I4TExcept as otherwise provided in subsection (11), all
17 money collected and deposited in the emergency 9-1-1 fund created
18 in section 407 must be distributed as provided in this section.
19 Annual money collected not exceeding $37,000,000.00 must be
20 distributed as follows:
21 (a) 65% must be disbursed to each county that has a final 9-1-
22 1 plan in place. Forty percent of the 650-, must be distributed
23 quarterly on an equal basis to each county, and 60% of the 65% must
24 be distributed quarterly based on a population per capita basis. A
25 county shall only use money received by the county under this
26 subdivision for 9-1-1 services as allowed under this act. A county
27 shall repay to the fund any money expended under this subdivision
28 for a purpose considered unnecessary or unreasonable by the
29 committee or the auditor general.
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1 (b) 25.56-. must be available to reimburse local exchange
2 providers for the costs related to wireless emergency service and
3 to reimburse IP-based 9-1-1 service providers for the costs related
4 to the transport, routing, or delivery to PSAPs of IP-based 9-1-1
5 emergency service. Any cost reimbursement allowed under this
6 subdivision must not include a cost that is not related to wireless
7 emergency service or to IP-based 9-1-1 emergency service. A local
8 exchange provider or an IP-based 9-1-1 service provider may, on a
9 qmonthly basis, submit an invoice to the commission for
10 reimbursement from the emergency 9-1-1 fund for allowed costs.
11 Except as otherwise provided in subsection (5), within 45 days
12 after the date an invoice is submitted to the commission, the
13 commission shall approve, either in whole or in part, or deny the
14 invoice. The commission shall notify the department of treasury
15 within 5 business days of the commission's approval of the invoice.
16 The department of treasury shall pay the approved invoice within 30
17 days of receiving notice from the commission.
18 (c) 5.5% must be available to PSAPs for training personnel
19 assigned to 9-1-1 centers. A public safety agency or county shall
20 make a written request for money from the fund to the committee.
21 The committee shall semiannually authorize distribution of money
22 from the fund to eligible public safety agencies or counties. A
23 public safety agency or county that receives money under this
24 subdivision shall create, maintain, and make available to the
25 committee upon request a detailed record of expenditures relating
26 to the preparation, administration, and carrying out of activities
27 of its 9-1-1 training program. An eligible public safety agency or
28 county shall repay to the fund any money expended by that public
29 safety agency or county for a purpose considered unnecessary or
RMW H00481'21 (H-1) Draft 3 s 03715 09292021
24
1 unreasonable by the committee or the auditor general. The
2 commission shall consult with and consider the recommendations of
3 the committee in the promulgation of rules under section 413
4 establishing training standards for 9-1-1 system personnel. Money
5 must be disbursed on a biannual basis to an eligible public safety
6 agency or county for training of PSAP personnel through courses
7 certified by the committee only for either of the following
8 purposes:
9 (i) To provide basic 9-1-1 operations training.
10 (ii) To provide in-service training to employees engaged in 9-
11 1-1 service.
12 (d) 1.5° must be credited to the department of state police to
13 operate a regional dispatch center that receives and dispatches 9-
14 1-1 calls, and 2.44% must be credited to the department of state
15 police for costs to administer this act and to maintain the office
16 of the state 9-1-1 coordinator.
17 (5) By May 5, 2018, the commission shall commence a proceeding
18 to determine the recurring and nonrecurring cost categories for all
19 IP-based 9-1-1 service providers. The commission shall allow any
20 interested person to intervene in a proceeding under this
21 subsection. Within 180 days after a proceeding is commenced under
22 this subsection, the commission shall issue a final order adopting
23 the recurring and nonrecurring cost categories for all IP-based 9-
24 1-1 service providers considered just and reasonable by the
25 commission. For cost studies first submitted by an IP-based 9-1-1
26 service provider after the commission completes the proceeding
27 under this subsection, the commission shall, within 45 days of
28 receiving an invoice, only approve those costs in the invoice that
29 are both of the following:
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1 (a) Consistent with the recurring and nonrecurring cost
2 categories for IP-based 9-1-1 service providers approved by the
3 commission under this subsection.
4 (b) For contracts entered into after March 6, 2018, the result
5 of a competitively bid process as confirmed by supporting
6 documentation.
7 (6) An IP-based 9-1-1 service provider shall file an updated
8 cost study not later than 5 years after the filing of an initial
9 cost study and every 5 years thereafter.
10 (7) An IP-based 9-1-1 service provider must meet the next
11 generation 9-1-1 standards set by the National Emergency Number
12 Association to submit an invoice to the commission under subsection
13 (4)(b) for reimbursement from the emergency 9-1-1 fund for allowed
14 costs.
15 (8) Funds generated by the fees in sections 401a and 401c in
16 excess of $37,000,000.00 annually must be reserved for approved
17 costs under subsection (4)(b).
18 (9) Money received by a county under subsection (4)(a) must be
19 distributed by the county to the primary PSAPs geographically
20 located within the 9-1-1 service district by 1 of the following
21 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
28 public agency under subdivision (b), then according to the
29 population within the geographic area for which the PSAP serves as
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1 primary PSAP.
2 (d) If a county has multiple emergency 9-1-1 districts, money
3 for that county must be distributed as provided in the emergency 9-
4 1-1 districts' final 9-1-1 service plans.
5 (10) The commission shall consult with and consider
6 recommendations of the committee in the promulgation of rules under
7 section 413 establishing the standards for the receipt and
8 expenditure of 9-1-1 funds under this act. Receipt of 9-1-1 funds
9 under this act is dependent on compliance with the standards
10 established under this subsection.
11 -�11) Inc later than £ecembsr 1, 202-0, t=e12 eem.LL si u t c
to t'1 1 iSla.tUr�. uL.0 Er riv_ L.vn y,
u �2pert g —gsF' tas3'iyr.y tIla �.,�12;aing
13 4a`Err.aticn:
14 (a) The t.tul ::13�v _.. u red —us cJ3n-}su vL 9 } 1 is c
15 4istL'zi:ts th :t h,:J.i try. r...�c�.......<a.. `ean Tn b ,-c! � 1 I --a:F _cc
16 d
Y e
17 c-stimat-e tra-nsitisa c�EtE `c be in Surr-' b1- ?;✓"�rFrt is o
18 ay 9 1 1 ser is d-iEt£rctu that hu cd—t �c-n-o�-cz .-�`..nE}t}�Ii E- an �r�
19 bases 4 1 1 cE prEa-1dc_ ur.d th t r,4tcu uatcc fcr
20 tia s�
21 (;.) A-1 u u ti l ...»t-- --r op-F t-, th- i 1 1
22 nstwSrh &5.er th c tra-r.Eitian is an 1P used 9 } } esrE cs pi a}3er
23 has beer. Sonplatsd by a11 cr P } } scr Esc d t iuta
24 eheesin t traasitic...
25 (d) '1'hc E"arrert ? l fend}ng system-i�enues a-szC-parted b;
26 EEra ttca.
27 2) ih t £.at sEEtE f Erat3ny the b--seed 9 -1 1
28 t; Er]_ based t.hc Et1 tcs a1E"alatsd 1n EubdivislEr E ;b) anEi
29 (-e).
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H00481'21 (H-1) Draft 3 s 03715 09292021
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mc-y llc da- fL--F, r. s, r } }
s r�is u st- icts, _ basep-' 0 } 1 sa-r-v is Nr .id rs, ti,s o otc
treas-•arsr, an? the stats 9 } 1 scmm.ittss t-hat a-rc rsassn'-bl-Y
�, is -plctc t h 2 rsp In uuc ctTen (TY Geunties,
1 istEistc, 1. h ssd n } } cr.ic gr--v4-a'crc, the stU
anv th. 9 1 } shall .s^.a"r-- tvthe
mf-,As-ian any ata that scrs r--&S .nahly rsga-rsd is ca tpils the
sport u,JeFsiibseet__.. �I1 . A-t the re Ki—&z&t &f tic
s.:F ittss sha11, in prsp,r n.g the ar.: al ie ert t: bs submittsd t-
the le
.,--sticn ' 12 by A-':g-' : t 1, 2-0119-F
oll ct data fram euaty c, 9 _ 1 3. ycc dzetLniets, aad "P s2u
9 1 1 ssrviss pr--vids--rs that the & m— in rsasana-bIy =sitirss t--
e-&fFFp}}s thrcpert asr stjbsset}an—(11) a-nd s rt t-h ,t du �
t-h:
(11) One hundred percent of the money deposited in the
emergency 9-1-1 fund under a bill making appropriations for the
fiscal year ending September 30, 2022 must be used for the purposes
described in subsection (4)(b).
Sec. 413. (1) The commission may promulgate rules to establish
1 or more of the following:
(a) Uniform procedures, policies, and protocols governing 9-1-
1 services in counties and PSAPs in this state.
(b) Standards for the training of PSAP personnel.
(c) Uniform procedures, policies, and standards for the
receipt and expenditure of 9-1-1 funds under sections 401a, 401h,
401c, 401d, 401e, 406, and 408.
',"tt r-r it. nt:, fsr iF;",i}k}}}nE tE1 -L. i3 A:, syst"ffts a tj--t t
this S sti--n.
(d) (e) The penalties and remedies for violations of this act
VAAAAME
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H00481'21 (H-1) Draft 3 s 03715 09292021
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1 and the rules promulgated under this act.
2 (2) The commission shall consult with and consider the
3 recommendations of the committee in the promulgation of rules under
4 this section.
5 (3) The commission's rule -making authority is limited to that
6 expressly granted under this section.
7 (4) The rules promulgated under this section do not apply to
8 service suppliers.
9 {45+-1F. £1LTS arcratsr shall eFseLcs t?:at t c r: lti}ii.E tclsphsF.c
10 syst--= is zapab}s 3f rv,ting ^ } 1 :a.}ls i t3 ^ 1 n t.,er ,, ��
11 that th-- arc anseasrs ):�y a prif-ary F _ :I In a mar:rlsr t-ha` r
12 in assurats h. ! d l.Xl that E aF: bs E"sr}s t g } } la +en
13 data-basE is ineluds t-hs Epssi€ic lssatisn s€ the ss uni a
14 die.
15 0) cr }r.2 ,.;, i<.g g its --wn stree` a'drsss a:nd
16 c Ftainin a wsrh space sf msrs tha-n 7,)30 squc.rc €aat, a}1 !ceatEd
17 an a sing r� ,rrov"i-ccF=d --n a }ai�-_ cant}sju_-aE pr i.sYt-y-, t- 4e—M,• ^"_LT-S
18 epeLatqE ,.,, , ident� , t-hs sp^_8i€4s }^.e tien Sf slt
19 eemFft�eiiea`_i&n3 as,i c, inLIad'F.y the stFsst a rsE An YETIS
20
21 eeftiffti:in ti-ns dsv}cs vrt}l the }natallatisn c€ - nscaN�,TD after
22 jandaEy - 2029 ., dsr his suhEsstisn i€ hoth of�=, he f,,,.._,'-.,,.
r
23 apply
24 +a+--' he hai_ding ccntains—les= `.-hu : 2-0-, 900 s�juars fast s r="
25 spaee.
26 ;h) Ths h'ai}dins asnt ins €sasr tha-n 20 s1rwc�r.ic eiis
27 de�iees.
28 +q+__psr a singls hail.-'_ Pav- ng it scan sires=addrsss sand.
29--antaining c c.erk spars e€ mcrc that,� an mult}p}c
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H00481'21 (H-1) Draft 3 s 03715 09292021
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1 €}csr., ur —sr. a a€raj} srt3y4sys rsr �,s3c€1, he nrt m9 p rater shall
2 iac rrcr Y ths --f eaes,
1nGT•C[G1.'f.g lit. ��. ZZLTTfG" rGee G"E..wTJ
4 (u) -..i } a tetai
5 wsrk 3rass a€ .sre—€ha 7, 0-M 3gttar feet --n fe,altipis €}ssrs and en
6 a .,_:y}s ssnti aces rrsrcrty Ya=3}r.a 2sf-.f-en Pttb}}s strsst mess;
7 eke PJTr sNsrstsr sha}} i! Fti€7 t"hs sj�sei€}a 1s3atisr, s€ sash
8 eemmani at}sns in --ash Iquileling, in3}acling the etr33t
9 idanti€isr, if
10
11 4-9+— cr using 1 MRTS ='Id ssnta nin
12 suss s€ ce.srs than: 7,900 sspUars fast, a}} }s3ats sn a sing}s €}ssr
13 aF�i s.a a sings ssnti,as•as prcperty and having a eommcr. rablis
14 sti�eet aE-r3ss, the MbTS , r ter shall ;d, nti-f., th- s� si€is
15 }xat cn c€ devies in sa--h ha ' r
16 additi tc t-h strsst a?4res.,—asd E:ny unity,de biAldinel
17 if aNr}33 _s. An £1TTP_ spsratsr is s,:smrt €rsr pra ilin the
18 sps3}€is }ssatisn of ea3h scmmimisatisn3 de,-iss ianti} t'3e
19 insta}}aticr. crf a nart: PILT£ a€tar ?ar •aar7 1, 2-020 Under this
20 mahsc3ticn if bath s€ the €s}}s433ny ate=
21 -;a; 'fhs }sss th i. 1, W0 sgviers €sst : f wei;e
22
23 h) Ths bt.il'ing ssrtaIns €swsr thaF, 2L 3sTMr }3atisn3
24 el====r.
25 (19) PEr 3r i _} _F.ys :, 5Siny } FIIT.S :u c z :t a Lin 1' ngLa
26 tcta} usrh spa3s s€ msrs than V,000 s a'rs _`-sst eF sink;_- €}ssrs sr.
27 m ats prspsrtiss haiiny di€€-rsnt strsst _ddrss. s, the MT TS
28 eysratsr sha}} i?cnti€y the spseifio }seati n sf each
}3; ..y, ineluding the S-�zccc
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H00481'21 (H-1) Draft 3 s 03715 09292021
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QC�vi Gov Gf.d Gf.y .iniq L..,; l din ..1.--ntif}.--.r, -€ Gl.j"- I--' 3-bl--. Ar. DdfirSiJ
;,p:ratsr a3:a :rt €rsFe. }sauti--n sf ash-
CommunicuCiono a _'�+-1 --ha 3i—a neiML'-
,f.aury 1, 2C20 ,i -�r t-'.:}J subs strsr. if hst?: s€ th € }}✓: r.
;a) Th: ba41N4rn,�; aar, a} s Isss than 29,&90 sgaar: f-- t sF
b) ihs huldr, �srtals €scasr tY a� 2 sr : _ -tom -
ill) `.'cr z is-=-t: c3 :t i :i :ya �,ecaz
..n
separatc grspertlae having €€ar Ft-rassas, the £4D'Fu
shall ;dent4Fy the sifis }ssztisn s€ smash es�e�:-a=.�sat�sr�s u�- sps
in .. s ii b'a } l d; .. _ inelaeling t' -- s t-r s s t a d4Fe-s S—c}Ac'' E:F: r r'n ii --a z
b,aildinq ;gent F;'=r, 3f agglieab1 .
12) _r--r G I1Jt.vG of c,--rshrp, desei be In v Jtwv 9 ef 4�hC
prsparty tai ast, 12n2 PA 2C� P4 € 211.7e, Fa} u she
its --wn strsst a4l-'rsss with }sss t£ F 29,
ear rsat}sr3 e sss, ths £4H"_'-U s�;sratsr sh-sI} ldss.tl€s, at a
m4-n�m, -h-- JtY.i.i e. ud-r JJ. .?33- zLTIU :JS..:,ia eF.i i., =,effijet F_efft
trsiidin one-sp4satssn s€ sssti ss r: :lsutl :s de-v}ss 'rr -}
the lrtstal}atfss s€ u nsw M""—' purshassu after 7arZzary 1, 21Cz10-. rha
s3„np.t}sSi prsv',de- z%F.dsr :hi-= .does — net .,+ene ,. +
s---h--31 cantralled by ''-- hsuss s€ -: ;rat>lr at t::s sa l.s a?dre-sT
3) .Vr a CIOTSse e.33,�. L .i 2i ip / ---- .1e se _ _._ _. _. 1 seetSIInf—�-.TZ^7TTRc
srsral trsjz---Y- -t, 1Q^? _^F 23-06, Ida 21 .7s, with ru}t}p}s
AQ1TaSTS, J, L.J}{jy—I—MLrl.., G}} vf. G vsingle � J ...»s
jaLcepeiaz�y -....a ha" nq u co ...... ,.% putlis str--st aEidr �r I, t:i�
eleviees, the Prs—.. :i.: r-t r a}1 —a
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H00481'21 (H-1) Dzaft 3 s 03715 09292021
31
2 t4 s sties}€is }s a€}aF s€
3 a h ice: c 'J32c .:£tyI -h inst&-' I --inn
5 suussstis : s... s n: t amten t a : ch3 ? h =z 3f
6 .:srsl it at th-- sane ,yes
8 L t, il�'nG v 211.7s, .r} iriult}pl<;
h
le ; l ei n y ,..__.___�;, ,.... . F.y £1�iS, F. .,: Y=:3t:. J--'F, arace
10 str : t au di�es,ses, wiz` l- t an R£ r.1 t1:.ns 2' e th
11 MT M-�..a'..ci.c�tj:, .. t£3c .�-t
12 e -ress of the -nd a u-r:i Us bui: d4 €a r.tif sr,
13 if aYglieahle. An £rs L seer>ter is e3=,rcid ,.�
14 spceifie 10 cai i�i� c� oitidii �l i'i i,�at i3aa3 zleviez ;: i.c-i `.-hs-
15 n tallatis.. Cf a j P^T- pu-r-hassu aftsr "arr,aaL 1, 0"n-. -re
16 s<r,icn under this s ua s[ 33 css ..st :t . tea
17 �'7 the heuss s` wsrship at 1 s€ its as -
18 (15) Fer a € -rig, &s th--t term is c €3£.s in cc 3 F. 2 ^ntac
19 miehiganuet, 1921 A S3-, M-'- 2v�.472-, -1th lsas tt;ar.
20 0D 1 'w l }r.y, t-h M1r,.
21 &y�,ratzF shall i i' fy tha spaC}i-.; 13cati&n af eaeh
22 t'Y.s str-eet An £ry v
23 eg--ratsr is s33smpt frsr. p3Esv4-one, the s sslfi lesatisn sf eaah
24 es ur i at ✓ns d--vf2s th _..stall_ .ent s€ a .. .: £1TaT-S afteLc
25 Zan,uary 1, 2020. ^er parpssas s€ this aet, a €are, net inn .
26 a fa-rm pradaeing ar es}}ir.D-- tee -ast sr srsp that is unahls is
27 Ls s-lu in 1r.tsFstats epee
28 1 ) An M:sr2 s sratsr is ---, IF F.s t €rsre. tha s sifTen
29 ar.t 'ieati is rr.der this seetian if tha hail ng
Legal QI4iBIoe
RMW H00481'21 (H-1) Draft 3 s 03715 09292021
32
1 i., F: ay% >,.. 21 h-s' _-C yE, an altLana tive '"'>` ef
2 r. ti€i--atien anel adeq atc mcans of vignaliFq and rc opana-}F.y t
3 es _ael'._y£.y, 6-at net ly ,iteE: t_-, a can ,, niz-at £F.o Syst<;7;,
4 tha't j-.=v}dss S.ISa mot.,-_.._.--'fi3 lccatisn Jf i 1 ,_ _a11e €r-r. ✓vit74R thC
55 t..., � t t c bu44E.in: is :.>,� �.,.'>'�',. i:ith it-- ...:F.--py-p£'ata
6 rnediea' , fi ar.w =-rit;a Nsroo e'
Y
8 is s rNt ii7n41 enhanee 1 1 is
L
,18) 71n h_= src�a`�r i<. -._;'a�_,... :._ t21l's
10 €,r a-na the ttc _ t an
�, 2�., sha13 �-�E:� the :>;� :;r.
11 the fuii tict the deaf-1-nE and .,'ter min OC d-- -yu . ,ar the
12 iclatisr3 provide u plan e _eFned.y the c mcr3ths.
13 (19) n MLTS eperat2,- y:. 'isl t n 3€ --his r.:t _-fter ..--:emIg^r
14 31, 2-0 ti mayb-& r a fin_- by the aCt:,.'�S'•' c.,..•,„ Ctnn nn
15 445,,003.00 pGF offense. An €}PgLT-S. eLa t:r ..ith 5.�. or €ewer cmjv! yY a
yy gip.., � u
16 fi.:-...Y i:-, aSu_uuzd af. l-t-- .-u.::i J u}vf. v€ L'j-. „v 47
Jv '-Cr-
17 effense.
18 (5) A multiline telephone system must comply with the most up-
19 to -date version of 47 CFR 9.15 to 9.17.
20 (6) 4-2-�As used in this section,
21 "Alt i �,h a. f ti .." - th -I an
:2�a��-na-t�fisa rr.ea<.., «�
22 intsrne.l sy+store, s'Eists that tail} icsats t'e-e&�icsticns cy_iee
23 e _ a a}c ��:. fF,a-f� 1 1 _-all init� un -esN,..�e.
24 mean. a S.s iss thut is int Ya—
25 into t:c c iy a ore atisr3 s` the :altilir3c elcnc�n�
26 by us-h ter,„ _tilina --a a11c o-_`- a _
27 esnnssting�with, cr inter€ae'_ oa th a 9 1 1 sy-ste:-,,
28 thyei:i h the F,',;,:r. rain, f' 1 1, by —dial -in ., init}al y:.yny ,—o� Jv-hc-rvvrae
29 ..sti.a i .y the 9 1 1 s,sta-r. th7r_—u,h th. _ nsrxsra}s 9 1 1 hya_`-
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H00481'21 (H-1) Draft 3 s 03715 09292021
33
1 �1 :3 c..- c i�u�ar c l cr`.c, ::y Ei S--Ftn UF,i
2 device, ri7-i.:.£:.GF,F,.i .; t:"... F :i".: 3F; .£ -"+z is'--r'nat ..c-�y..£, Sr ar.y & hF,
3 means.
4 9 1 1" .-Y "s l !I' "P.- F- advanced EeLn er 9
5 , _,seiz��±ee+h ,t `r to t 3 i `:
.an SSll3 iic c,�ui ci � J 'cc cp one nul.lba�' t t-..
6 pab-14: sa zt-y anawaring sir.t, €e ra-s fcrer. one c.ith uI.
7 1 arcs da- - c t-- t £ n th-- 1i f' oo c3 F,, b,'hie is
8 relave t-- & ".:id m5nitor feE the emergepey +,. ,a'
9 " 3-nnc1 � _._"'.....-T.-
10 ' .:atilin: "multiline telephone system" .,_ "Prs.T" means a
11 system c__�___see composed of common control unit or units,
12 telephone sets with unique telephone numbers, and control hardware
13 and software.
14 (-) "Multilir.- tcl-gYane s}st-- _sratsr" -Z S sY-rater"
15 :,. a :i us who tl rrti past
awns,
I&G J.J,--
16 ane 3petat S --n ? "'I".
17 " rani€is i-eatisn" n—s ar,s u r3arr, Sr unit nu .ber, sr ]ES -sr,
18 name, sr squi ale+ uniqae de tisn a€ - psrtien of a strue:�-e
19 sic b iluiny Kish S l ? :m:rg-r.sY _.spans- -ca ,ray be
20 uisru ch d arrd t<s idler gai3hly 13zat-:u, thin _., nat r.cFc than
21 900 s ar i
22 (q) "W , c" mean-= -h- Y�ysreal biAldtny a-r a c.hsop ra—en_
y Re
23 -is ,,,,E,,.all�e net eEme,auaur- b- -/ y/ aqua£- €3et-a�'e,
24 s€€ices; Nrau ctis:, wurehou e, and ch3-r €lairs; ztsraya
25 hallwFys; ar:f rs : a rs ,ms; bre 'r_ gas.,, un.a. hsr commc'n
26 :7sr3. eras- s- nst in u e wall tYisl.n se; sha-fts; h:a}in„,
27 ventilatin , ar r sn?�uipmant spas- meehar.'sGl 2r
28 e rieal ep4 T r _Ilv_la-r a-r- s w4-r- - pl3yees ds r.st nzrm,a,lly
29 have
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H00481'21 (H-1) Draft 3 s 03715 09292021
34
1 Sec. 713. (1) The committee shall consist of 21 members as
2 follows:
3 (a) The director of the department of state police or his or
4 her designated representative.
5 (b) The director of the department of s ns'r.cr a..0 'may
6 se-ry ees licensing and regulatory affairs or his or her designated
7 representative.
8 (c) The chair of the Michigan public service commission or his
9 or her designated representative.
10 (d) The president of the Michigan s4rsriffs' acsceiaticn
11 Sheriffs' Association or his or her designated representative.
12 (e) The president of the Michigan assssiation Association of
13 eh4e fc Chiefs of peiiee—Police or his or her designated
14 representative.
15 (f) The president of the Michigan fire chiefs—asseeiatien
16 Association of Fire Chiefs or his or her designated representative.
17 (g) The executive director of the Michigan a.:,ceiati r
18 Association of cam«ies Counties or his or her designated
19 representative.
20 (h) The executive director of the deruty sheriffs —aasrsisticr
21 Deputy Sheriffs' Association of Michigan or his or her designated
22 representative.
23 (i) Three members of the general public, 1 member to be
24 appointed by the governor, 1 member to be appointed by the speaker
25 of the house of representatives, and 1 member to be appointed by
26 the majority leader of the senate. The 3 members of the general
27 public shall have expertise relating to telephone systems, rural
28 health care concerns, or emergency radio communications,
29 dispatching, and services. The members of the general public shall
RMW H00481'21 (H-1) Draft 3 s 03715 09292021
35
1 serve for terms of 2 years.
2 (j) The executive director of the Michigan frateEna retie=
3 Fraternal Order of -��ePolice or his or her designated
4 representative.
5 (k) The president of the Michigan fate ps3i s tF spers
6 assccia`_i2» Mate Police Troopers Association or his or her
7 designated representative.
8 (I) The president of the Michigan chapter of the assssiatad
9 p-:hiic safeb sru;; :icati-- .s r s Association of Public Safety
10 Communications Officials or his or her designated representative.
11 (m) The president of the Michigan chapter of the nafisna}
12 eme,- ssy na-rheF acs aia —National Emergency Number Association
13 or his or her designated representative.
14 (n) The president of the tsi c i;¢t,' n.y ac ns aoc y n
15 Telecommunications Association of Michigan or his or her designated
16 representative.
17 (o) The e. eative sstsr chair of the Upper Peninsula
18 ____g_—__, ffteliea} ssr 3ccs ssrp ias 9-1-1 Authority or his or
19 her designated representative.
20 (p) The executive director of the Michigan ,_� s,,eyati n, of
21 ambula7ras s r-.4e�Association of Ambulance Services or his or her
22 designated representative.
23 (q) The president of the Michigan ststs firefi.li-t-srs a-n.is:
24 Professional Firefighters Union or his or her designated
25 representative.
26 (r) The president of the Michigan e =sa isns d rsctsrs
27 asseeiatien—Communications Directors Association or his or her
28 designated representative.
29 (s) One representative of commercial mobile radio service, to
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1 be appointed by the governor.
2 (2) A majority of the members of the committee constitute a
3 quorum for the purpose of conducting business and exercising the
4 powers of the committee. Official action of the committee may be
5 taken Hpen—on a vote of a majority of the members of the committee.
6 (3) The committee shall elect 1 of its members who is not a
7 member of the wireline or commercial mobile radio service industry
8 to serve as chairperson. The chairperson of the committee shall
9 serve for a term of 1 year.
10 (4) The committee may adopt, amend, and rescind bylaws, rules,
11 and regulations for the conduct of its business.
12 (5) Members of the committee shall serve without compensation,
13 but shalle are entitled to actual and necessary expenses incurred
14 in the performance of official duties under this chapter.
15 Sec. 717. This act is repealed effective December 31,
16 292 .2027.
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Final Page
H00481'21 (H-1) Draft 3 s 03715 09292021