HOUSE BILL No. 6070

 

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.