September 17, 2013, Introduced by Reps. Lori, Tlaib and Darany and referred to the Committee on Local Government.
A bill to amend 1986 PA 32, entitled
"Emergency 9-1-1 service enabling act,"
by amending sections 102 and 204 (MCL 484.1102 and 484.1204),
section 102 as amended by 2012 PA 260.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 102. As used in this act:
(a) "Automatic location identification" or "ALI" means a 9-1-1
service feature provided by the service supplier that automatically
provides the name and service address or, for a CMRS service
supplier, the location associated with the calling party's
telephone number as identified by automatic number identification
to a 9-1-1 public safety answering point.
(b) "Automatic number identification" or "ANI" means a 9-1-1
service feature provided by the service supplier that automatically
provides the calling party's telephone number to a 9-1-1 public
safety answering point.
(c) "Commercial mobile radio service" or "CMRS" means
commercial mobile radio service regulated under section 3 of title
I and section 332 of title III of the communications act of 1934,
chapter 652, 48 Stat. 1064, 47 USC 153 and 332, and the rules of
the federal communications commission or provided under the
wireless emergency service order. Commercial mobile radio service
or CMRS includes all of the following:
(i) A wireless 2-way communication device, including a radio
telephone used in cellular telephone service or personal
communication service.
(ii) A functional equivalent of a radio telephone
communications line used in cellular telephone service or personal
communication service.
(iii) A network radio access line.
(d) "Commission" means the Michigan public service commission.
(e) "Committee" means the emergency 9-1-1 service committee
created under section 712.
(f) "Common network costs" means the costs associated with the
common network required to deliver a 9-1-1 call with ALI and ANI
from a selective router to the proper PSAP and the costs associated
with the 9-1-1 database and data distribution system of the primary
9-1-1 service supplier identified in a county 9-1-1 plan. As used
in this subdivision, "common network" means the elements of a
service supplier's network that are not exclusive to the supplier
or technology capable of accessing the 9-1-1 system.
(g) "Communication service" means a service capable of
accessing, connecting with, or interfacing with a 9-1-1 system,
exclusively through the numerals 9-1-1, by dialing, initializing,
or otherwise activating the 9-1-1 system through the numerals 9-1-1
by means of a local telephone device, cellular telephone device,
wireless communication device, interconnected voice over the
internet device, or any other means.
(h) "CMRS connection" means each number assigned to a CMRS
customer.
(i) "Consolidated dispatch" means a countywide or regional
emergency dispatch service that provides dispatch service for 75%
or more of the law enforcement, fire fighting, emergency medical
service, and other emergency service agencies within the
geographical area of a 9-1-1 service district or serves 75% or more
of the population within a 9-1-1 service district.
(j) "County 9-1-1 charge" means the charge allowed under
sections 401b and 401e.
(k) "Database service provider" means a service supplier who
maintains and supplies or contracts to maintain and supply an ALI
database or an MSAG.
(l) "Direct dispatch method" means that the agency receiving
the 9-1-1 call at the public safety answering point decides on the
proper action to be taken and dispatches the appropriate available
public safety service unit located closest to the request for
public safety service.
(m) "Emergency response service" or "ERS" means a public or
private agency that responds to events or situations that are
dangerous or that are considered by a member of the public to
threaten the public safety. An emergency response service includes
a police or fire department, an ambulance service, or any other
public or private entity trained and able to alleviate a dangerous
or threatening situation.
(n) "Emergency service zone" or "ESZ" means the designation
assigned by a county to each street name and address range that
identifies which emergency response service is responsible for
responding to an exchange access facility's premises.
(o) "Emergency telephone charge" means the emergency telephone
operational charge and emergency telephone technical charge allowed
under section 401.
(p) "Emergency 9-1-1 district" or "9-1-1 service district"
means the area in which 9-1-1 service is provided or is planned to
be provided to service users under a 9-1-1 system implemented under
this act.
(q) "Emergency 9-1-1 district board" means the governing body
created by the board of commissioners of the county or counties
with authority over an emergency 9-1-1 district.
(r) "Emergency telephone operational charge" means a charge
allowed under section 401 for nonnetwork technical equipment and
other costs directly related to the dispatch facility and the
operation of 1 or more PSAPs including, but not limited to, the
costs of dispatch personnel and radio equipment necessary to
provide 2-way communication between PSAPs and a public safety
agency. Emergency telephone operational charge does not include
non-PSAP related costs such as response vehicles and other
personnel.
(s) "Emergency telephone technical charge" means a charge as
allowed under section 401 or 401d for costs directly related to 9-
1-1 service including plant-related costs associated with the use
of the public switched telephone network from the end user to the
selective router, the network start-up costs, customer notification
costs, common network costs, administrative costs, database
management costs, and network nonrecurring and recurring
installation, maintenance, service, and equipment charges of a
service supplier providing 9-1-1 service under this act. Emergency
telephone technical charge does not include costs recovered under
sections 401b(10) and 408(2).
(t) "Exchange access facility" means the access from a
particular service user's premises to the communication service.
Exchange access facilities include service supplier provided access
lines, PBX trunks, and centrex line trunk equivalents, all as
defined by tariffs of the service suppliers as approved by the
public service commission. Exchange access facilities do not
include telephone pay station lines or WATS, FX, or incoming only
lines.
(u) "Final 9-1-1 service plan" means a tentative 9-1-1 service
plan that has been modified only to reflect necessary changes
resulting from any failure of public safety agencies to be
designated as PSAPs or secondary PSAPs under section 307.
(v) "Local medical control authority" means a medical control
authority as that term is defined in section 20906 of the public
health code, 1978 PA 368, MCL 333.20906.
(w)
(v) "Master street address guide" or
"MSAG" means a
perpetual database that contains information continuously provided
by a service district that defines the geographic area of the
service district and includes an alphabetical list of street names,
the range of address numbers on each street, the names of each
community in the service district, the emergency service zone of
each service user, and the primary service answering point
identification codes.
(x) (w)
"Obligations" means
bonds, notes, installment purchase
contracts, or lease purchase agreements to be issued by a public
agency under a law of this state.
(y) (x)
"Person" means an
individual, corporation,
partnership, association, governmental entity, or any other legal
entity.
(z) (y)
"Prepaid wireless
telecommunications service" means a
commercial mobile radio service that allows a caller to dial 9-1-1
to access the 9-1-1 system and is paid for in advance and sold in
predetermined units or dollars of which the number declines with
use in a known amount.
(aa) (z)
"Primary public safety
answering point", "PSAP", or
"primary PSAP" means a communications facility operated or answered
on a 24-hour basis assigned responsibility by a public agency or
county to receive 9-1-1 calls and to dispatch public safety
response services, as appropriate, by the direct dispatch method,
relay method, or transfer method. It is the first point of
reception by a public safety agency of a 9-1-1 call and serves the
jurisdictions in which it is located and other participating
jurisdictions, if any.
(bb) (aa)
"Prime rate" means the
average predominant prime
rate quoted by not less than 3 commercial financial institutions as
determined by the department of treasury.
(cc) (bb)
"Private safety entity"
means a nongovernmental
organization that provides emergency fire, ambulance, or medical
services.
(dd) (cc)
"Public agency" means a
village, township, charter
township, or city within the state and any special purpose district
located in whole or in part within the state.
(ee) (dd)
"Public safety agency"
means a functional division
of a public agency, county, or the state that provides fire
fighting, law enforcement, ambulance, medical, or other emergency
services.
(ff) (ee)
"Qualified obligations"
means obligations that meet
1 or more of the following:
(i) The proceeds of the obligations benefit the 9-1-1 district,
and for which all of the following conditions are met:
(A) The proceeds of the obligations are used for capital
expenditures, costs of a reserve fund securing the obligations, and
costs of issuing the obligations. The proceeds of obligations shall
not be used for operational expenses.
(B) The weighted average maturity of the obligations does not
exceed the useful life of the capital assets.
(C) The obligations shall not in whole or in part appreciate
in principal amount or be sold at a discount of more than 10%.
(ii) The obligations are issued to refund obligations that meet
the conditions described in subparagraph (i) and the net present
value of the principal and interest to be paid on the refunding
obligations, excluding the cost of issuance, will be less than the
net present value of the principal and interest to be paid on the
obligations being refunded, as calculated using a method approved
by the department of treasury.
(gg) (ff)
"Relay method" means that
a PSAP notes pertinent
information and relays it by a communication service to the
appropriate public safety agency or other provider of emergency
services that has an available emergency service unit located
closest to the request for emergency service for dispatch of an
emergency service unit.
(hh) (gg)
"Secondary public safety
answering point" or
"secondary PSAP" means a communications facility of a public safety
agency or private safety entity that receives 9-1-1 calls by the
transfer method only and generally serves as a centralized location
for a particular type of emergency call.
(ii) (hh)
"Service supplier" means
a person providing a
communication service to a service user in this state.
(jj) (ii)
"Service user" means a
person receiving a
communication service.
(kk) (jj)
"State 9-1-1 charge"
means the charge provided for
under section 401a.
(ll) (kk)
"Tariff" means the rate
approved by the public
service commission for 9-1-1 service provided by a particular
service supplier. Tariff does not include a rate of a commercial
mobile radio service by a particular supplier.
(mm)(ll) "Tentative
9-1-1 service plan" means a plan prepared
by 1 or more counties for implementing a 9-1-1 system in a
specified 9-1-1 service district.
(nn) (mm)
"Transfer method" means
that a PSAP transfers the 9-
1-1 call directly to the appropriate public safety agency or other
provider of emergency service that has an available emergency
service unit located closest to the request for emergency service
for dispatch of an emergency service unit.
(oo) (nn)
"Universal emergency number
service" or "9-1-1
service" means public communication service that provides service
users with the ability to reach a public safety answering point by
dialing the digits "9-1-1".
(pp) (oo)
"Universal emergency number
service system" or "9-1-
1 system" means a system for providing 9-1-1 service under this
act.
(qq) (pp)
"Wireless emergency service
order" means the order
of the federal communications commission, FCC docket No. 94-102,
adopted June 12, 1996 with an effective date of October 1, 1996.
Sec.
204. (1) A 9-1-1 system implemented pursuant to under
this act shall be designed to meet the individual circumstances of
each county and the public agencies participating in the 9-1-1
system, and shall be within the service limitations of service
suppliers providing the 9-1-1 service in the 9-1-1 system. System
designs shall include provision for expansion of the system to
include capabilities not required in initial implementation,
including the addition of PSAPs and secondary PSAPs.
(2) Every 9-1-1 system shall be designed so that a 9-1-1 call
is processed by means of either the direct dispatch method, the
relay method, or the transfer method. At least 2 of the specified
methods shall be available for use by the PSAP receiving the call.
The PSAP may handle nonemergency calls by referring the caller to
another number.
(3) Each PSAP shall work with each of the following to
determine which public safety service unit is located closest to
the request for public safety service:
(a) Any local medical control authorities.
(b) The public agencies participating in the 9-1-1 system.