April 11, 2018, Introduced by Senator CASPERSON and referred to the Committee on Energy and Technology.
A bill to amend 1986 PA 32, entitled
"Emergency 9-1-1 service enabling act,"
by amending sections 401b and 408 (MCL 484.1401b and 484.1408), as
amended by 2018 PA 51.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 401b. (1) In addition to the charge allowed under section
401a, after June 30, 2008 a county board of commissioners may
assess a county 9-1-1 charge to service users, except for users of
a prepaid wireless telecommunications service, located within that
county by 1 of the following methods:
(a) Up to $0.42 per month by resolution.
(b) Up to $3.00 per month with the approval of the voters in
the county.
(c) Any combination of subdivisions (a) and (b) with a maximum
county 9-1-1 charge of $3.00 per month.
(2) A county assessing a county 9-1-1 charge amount approved
in the commission's order in case number U-15489 that exceeds the
amounts established in subsection (1) may continue to assess the
amount approved by the commission. Any proposed increase to the
amount approved in the commission order is subject to subsection
(1).
(3) The charge assessed under this section and section 401e
must not exceed the amount necessary and reasonable to implement,
maintain, and operate the 9-1-1 system in the county.
(4) If the voters approve the charge to be assessed on the
service user's monthly bill on a ballot question under this
section, the service provider's bill must state the following:
"This amount is for your 9-1-1 service which has been approved
by the voters on (DATE OF VOTER APPROVAL). This is not a charge
assessed by your service supplier. If you have questions concerning
your 9-1-1 service, you may call (INCLUDE APPROPRIATE TELEPHONE
NUMBER).".
(5) Within 90 days after the first day of each fiscal or
calendar year of a county, an annual accounting must be made of the
charge approved under this section.
(6) Except as otherwise provided in subsection (10), the
county 9-1-1 charge collected under this section must be paid
quarterly directly to the county and distributed by the county to
the primary PSAPs by 1 of the following methods:
(a) As provided in the final 9-1-1 service plan.
(b) If distribution is not provided for in the plan, then
according to any agreement for distribution between the county and
public agencies.
(c) If distribution is not provided in the plan or by
agreement, then according to population within the emergency 9-1-1
district.
(7) Subject to subsection (1), the county may adjust the
county 9-1-1 charge annually to be effective July 1. The county
shall notify the committee no later than May 15 of each year of any
change in the county 9-1-1 charge under this section.
(8) If a county has multiple emergency response districts, the
county 9-1-1 charge collected under this section must be
distributed under subsection (6) in proportion to the population
within the emergency 9-1-1 district.
(9) This section does not preclude the distribution of funding
to secondary PSAPs if the distribution is determined by the primary
PSAPs within the emergency 9-1-1 district to be the most effective
method for dispatching of fire or emergency medical services and
the distribution is approved within the final 9-1-1 service plan.
(10) The service supplier may retain 2% of the approved county
9-1-1 charge to cover the supplier's costs for billings and
collections under this section.
(11) The charge allowed under this section must be listed
separately on the customer's bill or otherwise disclosed to the
consumer and state by which means the charge was approved under
subsection (1).
(12) Information submitted by a service supplier to a county
under this section is exempt from the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246, and the county shall not release
that information without the consent of the service supplier.
Unless required or permitted by statute, court rule, subpoena, or
court order, or except as necessary for a county, the commission,
committee, or public agency to pursue or defend the public's
interest in any public contract or litigation, a county treasurer,
the commission, committee, agency, or any employee or
representative of a PSAP, database administrator, or public agency
shall not divulge any information acquired with respect to
customers, revenues or expenses, trade secrets, access line counts,
commercial information, or any other proprietary information with
respect to a service supplier while acting or claiming to act as an
employee, agent, or representative. An aggregation of information
that does not identify or effectively identify the number of
customers, revenues or expenses, trade secrets, access lines,
commercial information, and other proprietary information
attributable to a specific service supplier may be made public.
(13) If a service user has multiple access points or access
lines, the county 9-1-1 charge will be imposed separately on each
of the first 10 access points or access lines and then 1 charge for
each 10 access points or access lines per billed account.
(14) A county 9-1-1 charge assessed under subsection (1) must
be
used only to fund costs for
the following:
(a) Costs approved as allowable in a published report by the
committee before December 1, 2008.
(b) Costs attributable to the installation and maintenance of
road name and address signs.
(15) The committee shall notify the standing committees of the
senate and house of representatives having jurisdiction over issues
pertaining to communication technology at least 90 days before
modifying what constitutes an allowable cost under this subsection.
Sec. 408. (1) Except as otherwise provided under this act, a
service supplier shall bill and collect a state 9-1-1 service
charge per month as determined under section 401a. The service
supplier shall list the state 9-1-1 service charge authorized under
this act as a separate line item on each bill as the "state 9-1-1
charge".
(2) Each service supplier may retain 2% of the state 9-1-1
charge collected under this act to cover the supplier's costs for
billing and collection.
(3) Except as otherwise provided under subsection (2), the
money collected as the state 9-1-1 charge under subsection (1) must
be deposited in the emergency 9-1-1 fund created in section 407 no
later than 30 days after the end of the quarter in which the state
9-1-1 charge was collected.
(4) All money collected and deposited in the emergency 9-1-1
fund created in section 407 must be distributed as provided in this
section. Annual money in the fund not exceeding $37,000,000.00 must
be distributed as follows:
(a) 65% must be disbursed to each county that has a final 9-1-
1 plan in place. Forty percent of the 65% must be distributed
quarterly on an equal basis to each county, and 60% of the 65% must
be distributed quarterly based on a population per capita basis. A
county shall only use money received by the county under this
subdivision for 9-1-1 services as allowed under this act. A county
shall repay to the fund any money expended under this subdivision
for a purpose considered unnecessary or unreasonable by the
committee or the auditor general. A county may use money received
under this subdivision for costs attributable to the installation
and maintenance of road name and address signs.
(b) 25.56% must be available to reimburse local exchange
providers for the costs related to wireless emergency service and
to reimburse IP-based 9-1-1 service providers for the costs related
to the transport, routing, or delivery to PSAPs of IP-based 9-1-1
emergency service. Any cost reimbursement allowed under this
subdivision must not include a cost that is not related to wireless
emergency service or to IP-based 9-1-1 emergency service. A local
exchange provider or an IP-based 9-1-1 service provider may, on a
quarterly basis, submit an invoice to the commission for
reimbursement from the emergency 9-1-1 fund for allowed costs.
Except as otherwise provided in subsection (5), within 45 days
after the date an invoice is submitted to the commission, the
commission shall approve, either in whole or in part, or deny the
invoice.
(c) 5.5% must be available to PSAPs for training personnel
assigned to 9-1-1 centers. A public safety agency or county shall
make a written request for money from the fund to the committee.
The committee shall semiannually authorize distribution of money
from the fund to eligible public safety agencies or counties. A
public safety agency or county that receives money under this
subdivision shall create, maintain, and make available to the
committee upon request a detailed record of expenditures relating
to the preparation, administration, and carrying out of activities
of its 9-1-1 training program. An eligible public safety agency or
county shall repay to the fund any money expended by that public
safety agency or county for a purpose considered unnecessary or
unreasonable by the committee or the auditor general. The
commission shall consult with and consider the recommendations of
the committee in the promulgation of rules under section 413
establishing training standards for 9-1-1 system personnel. Money
must be disbursed on a biannual basis to an eligible public safety
agency or county for training of PSAP personnel through courses
certified by the committee only for either of the following
purposes:
(i) To provide basic 9-1-1 operations training.
(ii) To provide in-service training to employees engaged in 9-
1-1 service.
(d) 1.5% must be credited to the department of state police to
operate a regional dispatch center that receives and dispatches 9-
1-1 calls, and 2.44% must be credited to the department of state
police for costs to administer this act and to maintain the office
of the state 9-1-1 coordinator.
(5)
Within 60 days of the effective date of the 2018
amendatory
act that added this subsection, By
May 5, 2018, the
commission shall commence a proceeding to determine the recurring
and nonrecurring cost categories for all IP-based 9-1-1 service
providers. The commission shall allow any interested person to
intervene in a proceeding under this subsection. Within 180 days
after a proceeding is commenced under this subsection, the
commission shall issue a final order adopting the recurring and
nonrecurring cost categories for all IP-based 9-1-1 service
providers considered just and reasonable by the commission. For
cost studies first submitted by an IP-based 9-1-1 service provider
after the commission completes the proceeding under this
subsection, the commission shall, within 45 days of receiving an
invoice, only approve those costs in the invoice that are both of
the following:
(a) Consistent with the recurring and nonrecurring cost
categories for IP-based 9-1-1 service providers approved by the
commission under this subsection.
(b)
For contracts entered into after the effective date of the
2018
amendatory act that amended this section, March 6, 2018, the
result of a competitively bid process as confirmed by supporting
documentation.
(6) An IP-based 9-1-1 service provider shall file an updated
cost study not later than 5 years after the filing of an initial
cost study and every 5 years thereafter.
(7) An IP-based 9-1-1 service provider must meet the next
generation 9-1-1 standards set by the National Emergency Number
Association to submit an invoice to the commission under subsection
(4)(b) for reimbursement from the emergency 9-1-1 fund for allowed
costs.
(8) Funds generated by the fee in section 401a in excess of
$37,000,000.00 annually must be reserved for approved costs under
subsection (4)(b).
(9) Money received by a county under subsection (4)(a) must be
distributed by the county to the primary PSAPs geographically
located within the 9-1-1 service district by 1 of the following
methods:
(a) As provided in the final 9-1-1 service plan.
(b) If distribution is not provided for in the 9-1-1 service
plan under subdivision (a), then according to any agreement for
distribution between a county and a public agency.
(c) If distribution is not provided for in the 9-1-1 service
plan under subdivision (a) or by agreement between the county and
public agency under subdivision (b), then according to the
population within the geographic area for which the PSAP serves as
primary PSAP.
(d) If a county has multiple emergency 9-1-1 districts, money
for that county must be distributed as provided in the emergency 9-
1-1 districts' final 9-1-1 service plans.
(10) The commission shall consult with and consider
recommendations of the committee in the promulgation of rules under
section 413 establishing the standards for the receipt and
expenditure of 9-1-1 funds under this act. Receipt of 9-1-1 funds
under this act is dependent on compliance with the standards
established under this subsection.
(11) No later than December 1, 2020, the commission must issue
a report to the legislature and governor containing the following
information:
(a) The total costs incurred by counties or 9-1-1 service
districts that have transitioned to an IP-based 9-1-1 service
provider.
(b) The estimated transition costs to be incurred by counties
or 9-1-1 service districts that have not transitioned to an IP-
based 9-1-1 service provider and the estimated dates for
transition.
(c) The estimated ongoing, annual costs of operating the 9-1-1
network after the transition to an IP-based 9-1-1 service provider
has been completed by all counties or 9-1-1 service districts
choosing to transition.
(d) The current 9-1-1 funding system revenues as reported by
the committee.
(e) The estimated costs of operating the IP-based 9-1-1
network based on the estimates calculated in subdivisions (b) and
(c).
(12) The commission may collect data from counties, 9-1-1
service districts, IP-based 9-1-1 service providers, the state
treasurer, and the state 9-1-1 committee that are reasonably
required to complete the report under subsection (11). Counties, 9-
1-1 service districts, IP-based 9-1-1 service providers, the state
treasurer, and the state 9-1-1 committee shall submit to the
commission any data that are reasonably required to compile the
report under subsection (11). At the request of the commission, the
committee shall, in preparing the annual report to be submitted to
the legislature and governor under section 412 by August 1, 2020,
collect data from counties, 9-1-1 service districts, and IP-based
9-1-1 service providers that the commission reasonably requires to
compile the report under subsection (11) and submit that data to
the commission.