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.