SENATE BILL NO. 917

A bill to amend 1974 PA 258, entitled

"Mental health code,"

(MCL 330.1001 to 330.2106) by adding sections 165a and 165b.

the people of the state of michigan enact:

Sec. 165a. (1) The 988 crisis lifeline system fund is created in the state treasury.

(2) The state treasurer shall deposit money and other assets received from any other source in the fund. The state treasurer shall direct the investment of money in the fund and credit interest and earnings from the investments to the fund.

(3) The department of treasury is the administrator of the fund for audits of the fund. The department of treasury shall administer the fund in collaboration with the department.

(4) In accordance with the national suicide hotline designation act of 2020, Public Law 116-172, the department shall expend money from the fund, on appropriation, for any of the following purposes:

(a) To implement, maintain, staff, and improve the 988 crisis lifeline system. The funds provided may be proportional to the volume of contact or usage for a 988 call center.

(b) To enhance technological infrastructure of the 988 crisis lifeline system as necessary to achieve operational and clinical standards and best practices as determined by the department.

(c) To the extent that subdivisions (a) and (b) are fully funded, to support or enhance statewide 988 services, including, but not limited to, the statewide 988 lifeline center, the Michigan crisis and access line, other behavioral health and substance use disorder lines provided by the Michigan crisis and access line, and other crisis services in this state, including mobile crisis and crisis stabilization units.

(d) To the extent that subdivisions (a), (b), and (c) are fully funded, providing acute behavior health crisis outreach and stabilization services as required to directly respond to the 988 crisis lifeline system. Stabilization services include funding for residential treatment, additional services and supports, and peer crisis respite.

(5) Funds provided under subsection (4) must be used to provide services that comply with all of the following:

(a) The Substance Abuse and Mental Health Services Administration's national guidelines.

(b) Michigan's behavioral health crisis continuum, as implemented through department policy, guidance, contracts, and rules.

(c) Rules adopted by the department.

(6) The 988 telecommunications fee under section 165b must be used to supplement, not supplant, any federal, state, or local funding for suicide prevention or behavioral health crisis services.

(7) Money in the fund at the close of a fiscal year remains in the fund and does not revert to the general fund.

(8) All crisis services must operate in compliance with rules adopted by the department.

Sec. 165b. (1) In accordance with the national suicide hotline designation act of 2020, Public Law 116-172, a seller or provider shall collect a 988 telecommunications fee from each consumer who is a resident of this state and is any of the following:

(a) A subscriber of a commercial landline telephone.

(b) A subscriber of a mobile telephone.

(c) A point of sale purchaser of a prepaid telephone service.

(2) Beginning July 1, 2027, except as otherwise provided in subsection (4) and subject to subsection (3), the amount of the 988 telecommunications fee is 25 cents per line per month. If a consumer has multiple access points or access lines, the 988 telecommunications fee is imposed separately on each of the first 10 access points or access lines and then as 1 charge for each 10 access points or access lines per billed account.

(3) At the end of each calendar year after 2027, the state treasurer shall adjust the fee in subsection (2) by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Consumer Price Index. The state treasurer shall make the calculations required by this subsection before December 15 of each year and publish a cumulative list of each adjusted amount since the year in which this section takes effect stating the year for which each adjusted amount is effective.

(4) For a consumer described in subsection (1)(c), the amount of the 988 telecommunications fee is 6% per retail transaction.

(5) The 988 telecommunications fee must be separately stated on an invoice, receipt, or other similar document that is provided to a consumer by the seller, or otherwise disclosed to the consumer.

(6) A 988 telecommunications fee is the liability of the consumer and not of the seller or of any provider.

(7) The seller or provider shall remit the 988 telecommunications fee monthly to the state treasurer, who shall deposit it in the 988 crisis lifeline system fund created in section 165a.

(8) A seller or provider may retain 2% of the 988 telecommunications fees that are collected by the seller or provider to reimburse the seller or provider for its direct costs in collecting and remitting the 988 telecommunications fee.

(9) The department of treasury shall review the 988 crisis lifeline system fund created in section 165a for collection and remittance compliance under this section and produce a report. The report must contain findings on at least all of the following:

(a) The amount of money owed to the 988 crisis lifeline system fund created in section 165a under this section.

(b) The amount of money remitted to the 988 crisis lifeline system fund created in section 165a under this section.

(c) Any other pertinent information to locate and address noncompliance with this section as determined by the department of treasury.

(d) Any other pertinent information on the telecommunications service marketplace that may help accurately predict revenue under this section.

(10) By not later than July 1, 2029, the department of treasury shall issue a report to the legislature regarding the findings under subsection (9). In addition to the required information under subsection (9), the report must contain recommendations to the legislature to increase compliance with this section.

(11) To determine whether a seller or provider has correctly collected and remitted the 988 telecommunications fee due under this section, the department of treasury may examine the books, records, and papers and audit the accounts of a seller or provider or any other records to the same extent as provided under 1941 PA 122, MCL 205.1 to 205.31. An examination or audit performed by the department under this section must be done in accordance with the procedures under section 21 of 1941 PA 122, MCL 205.21. An assessment, decision, or order of the department of treasury issued as a result of an examination or audit under this section is subject to appeal as provided under section 22 of 1941 PA 122, MCL 205.22. An assessment or claim for a refund is subject to the time periods specified under section 27a(2) to (4) of 1941 PA 122, MCL 205.27a.

(12) As used in this section:

(a) "Consumer" means a person who purchases telecommunications services.

(b) "Consumer Price Index" means the most comprehensive index of consumer prices available for this state from the Bureau of Labor Statistics of the United States Department of Labor.

(c) "988 telecommunications fee" means the fee that is required to be collected by a seller or provider from a consumer under subsection (1).

(d) "Provider" means a person that provides telecommunications services under a license issued by the Federal Communications Commission.

(e) "Retail transaction" means the purchase of a telecommunications service from a seller for any purpose other than resale.

(f) "Seller" means a person that sells prepaid wireless telecommunications service to another person.