May 7, 2008, Introduced by Rep. Mayes 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 section 401b (MCL 484.1401b), as added by 2007 PA 164,
and by adding sections 401f and 401g.
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, by
resolution,
millage or 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.
(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. The charge
assessed under this section and section 401e shall not exceed
$3.00.
(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).".
(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.
(5) Except as otherwise provided in subsection (9), 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.
(6)
The Subject to section
401f, 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 of each year of
any change in the county 9-1-1 charge under this section.
(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) in proportion to the population
within the emergency 9-1-1 district.
(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.
(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.
(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).
(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.
(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.
Sec. 401f. (1) If a county wishes to increase its surcharge
under section 401b, it shall submit to the commission all of the
following information:
(a) The county 9-1-1 surcharge in effect for each 9-1-1
service district.
(b) The amount of revenue generated in each 9-1-1 service
district with the current 9-1-1 surcharge for the previous 12
months.
(c) The estimated amount of revenue to be generated for 12
months based on the proposed change to the surcharge.
(2) The commission shall review and either approve or
disapprove the proposed county 9-1-1 surcharge within 45 days of
receiving the information under subsection (1). If the commission
approves the requested surcharge, the county shall, prior to
implementing the surcharge, submit the surcharge approved by the
commission for approval of the voters in the county. If the voters
approve the surcharge, the county may adjust the surcharge to
reflect the amount approved as provided in section 401b(6). A
county may not seek voter approval for a 9-1-1 surcharge unless the
proposed 9-1-1 surcharge has been approved by the commission.
Sec. 401g. Twelve months after the implementation date of the
surcharge under sections 401b and 401f, and annually thereafter, a
county shall submit sufficient financial information to the
commission to enable the commission to ensure that the revenues
generated by the surcharge do not exceed the amount approved by
voters in the county. If the commission determines that the revenue
generated by the surcharge exceeded the amount approved by the
voters, the commission shall modify the surcharge to generate only
the amount approved by voters in that county.