HB-6070, As Passed Senate, December 10, 2008

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 6070

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1986 PA 32, entitled

 

"Emergency 9-1-1 service enabling act,"

 

by amending sections 401a, 401b, 413, and 717 (MCL 484.1401a,

 

484.1401b, 484.1413, and 484.1717), sections 401a and 401b as added

 

by 2007 PA 164 and sections 413 and 717 as amended by 2007 PA 165,

 

and by adding section 412a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 401a. (1) Except as otherwise provided under section

 

401c, each service supplier within a 9-1-1 service district shall

 

bill and collect a state 9-1-1 charge from all service users of the

 

service supplier within the geographical boundaries of the 9-1-1

 

service district or as otherwise provided by this section. The

 

billing and collection of the state 9-1-1 charge shall begin July


 

1, 2008. The state 9-1-1 charge shall be uniform per each service

 

user within the 9-1-1 service district.

 

     (2) The amount of the state 9-1-1 charge payable monthly by a

 

service user shall be established as provided under subsection (4).

 

The amount of the state 9-1-1 charge shall not be more than 25

 

cents or less than 15 cents. The charge may be adjusted annually as

 

provided under subsection (4).

 

     (3) The state 9-1-1 charge shall be collected in accordance

 

with the regular billings of the service supplier. Except as

 

otherwise provided under this act, the amount collected for the

 

state 9-1-1 charge shall be remitted quarterly by the service

 

supplier to the state treasurer and deposited in the emergency 9-1-

 

1 fund created under section 407. The charge allowed under this

 

section shall be listed separately on the customer's bill or

 

payment receipt.

 

     (4) The initial state 9-1-1 charge shall be 19 cents and shall

 

be effective July 1, 2008. The state 9-1-1 charge shall reflect the

 

actual costs of operating, maintaining, upgrading, and other

 

reasonable and necessary expenditures for the 9-1-1 system in this

 

state. The state 9-1-1 charge may be reviewed and adjusted as

 

provided under subsection (5).

 

     (5) The commission in consultation with the committee shall

 

review and may adjust the state 9-1-1 charge under this section and

 

the distribution percentages under section 408 to be effective on

 

January July 1, 2009 and January July 1, 2010. Any adjustment to

 

the charge by the commission shall be made no later than October

 

May 1 of the preceding year and shall be based on the committee's


 

recommendations under section 412. Any adjustments to the state 9-

 

1-1 charge or distribution percentages after December 31, 2010

 

shall be made by the legislature.

 

     (6) If a service user has multiple access points or access

 

lines, the state 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.

 

     (7) This section takes effect July 1, 2008.

 

     Sec. 401b. (1) In addition to the charge allowed under section

 

401a, after June 30, 2008 a county board of commissioners may , by

 

resolution, millage as otherwise allowed by law, with the approval

 

of the voters in the county, or any combination thereof, assess a

 

county 9-1-1 charge . The board of commissioners shall state in the

 

resolution, ballot question, or millage request the anticipated

 

amount to be generated. to service users 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) (2) The charge assessed under this section and section

 

401e shall not exceed the amount necessary and reasonable to

 

implement, maintain, and operate the 9-1-1 system in the county.

 

     (4) (3) 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 shall 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) (4) Within 90 days after the first day of each fiscal or

 

calendar year of a county, an annual accounting shall be made of

 

the charge approved under this section.

 

     (6) (5) Except as otherwise provided in subsection (9) (10),

 

the county 9-1-1 charge collected under this section shall 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) (6) The 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 April 1 May 15 of each

 

year of any change in the county 9-1-1 charge under this section.

 

     (8) (7) If a county has multiple emergency response districts,

 

the county 9-1-1 charge collected under this section shall be

 

distributed under subsection (5) (6) in proportion to the

 

population within the emergency 9-1-1 district.

 

     (9) (8) This section shall 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) (9) 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) (10) The charge allowed under this section shall be

 

listed separately on the customer's bill and shall state by which

 

means the charge was approved under subsection (1).

 

     (12) (11) 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 shall not be released

 

by the county 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) (12) 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) shall

 

be used only to fund costs approved as allowable in a published

 

report by the committee prior to December 1, 2008. 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 prior to modifying what

 

constitutes an allowable cost under this subsection.

 

     (15) Notwithstanding any other provision of this act, the

 

county 9-1-1 charge levied under this section shall not be levied

 

after the repeal date provided in section 717. If all or a portion

 

of the county 9-1-1 charge levied under this section has been

 

pledged as security for the payment of qualified obligations, the


 

county 9-1-1 charge shall be levied and collected only to the

 

extent required to pay the qualified obligations or satisfy the

 

pledge.

 

     Sec. 412a. (1) Within 90 days after the first day of the

 

calendar year following the year in which a service supplier

 

commenced collection of the emergency telephone technical charge

 

under section 401d, and within 90 days after the first day of each

 

calendar year thereafter, a service supplier collecting the

 

emergency telephone technical charge for the purpose of providing

 

9-1-1 service pursuant to this act shall make an annual accounting

 

to the 9-1-1 service district of the total emergency telephone

 

charges collected during the immediately preceding calendar year.

 

     (2) If an annual accounting made pursuant to subsection (1)

 

discloses that the total emergency telephone technical charges

 

collected during the immediately preceding calendar year exceeded

 

the total cost of installing and providing 9-1-1 service within the

 

9-1-1 service district for the immediately preceding calendar year

 

according to the rates and charges of the service supplier, the

 

service supplier shall adjust the emergency telephone technical

 

charge collected from service users in the 9-1-1 service district

 

in an amount computed pursuant to this section. The amount of the

 

adjustment shall be computed by dividing the excess by the number

 

of exchange access facilities within the 9-1-1 service district as

 

the district existed for the billing period immediately following

 

the annual accounting. Costs of the service supplier associated

 

with making the adjustment under this subsection as part of the

 

billing and collection service shall be deducted from the amount to


 

be adjusted.

 

     (3) If the annual accounting discloses that the total

 

emergency telephone technical charges collected during the calendar

 

year are less than the total cost of installing and providing 9-1-1

 

service within the 9-1-1 service district for the immediately

 

preceding calendar year according to the costs and rates of the

 

service supplier, the service supplier shall collect an additional

 

charge from service users in the 9-1-1 service district in an

 

amount computed pursuant to this section. Subject to the

 

limitations provided by section 401d, the amount of the additional

 

charge shall be computed by dividing the amount by which the total

 

cost exceeded the total emergency telephone technical charges

 

collected during the immediately preceding calendar year by the

 

number of exchange access facilities within the 9-1-1 service

 

district as the district existed for the billing period immediately

 

following the annual accounting.

 

     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. under

 

section 408(2)(b).

 

     (c) Uniform procedures, policies, and standards for the

 

receipt and expenditure of 9-1-1 funds under sections 401a, 401b,

 

401c, 401d, 401e, 406, and 408.

 

     (d) The requirements for multiline telephone systems under

 

section 405.


 

     (e) The penalties and remedies for violations of this act and

 

the rules promulgated under this act.

 

     (2) The commission shall consult with and consider the

 

recommendations of the committee in the promulgation of rules under

 

this section.

 

     (3) The commission's rule-making authority is limited to that

 

expressly granted under this section.

 

     (4) The rules promulgated under this section do not apply to

 

service suppliers.

 

     Sec. 717. This act is repealed effective February 28, 2009

 

December 31, 2014.