Bill Text: MI HB4249 | 2019-2020 | 100th Legislature | Chaptered


Bill Title: Communications; emergency 9-1-1; requirement that 9-1-1 service users with a multiline telephone system install additional equipment; eliminate, and rescind administrative rules. Amends sec. 413 of 1986 PA 32 (MCL 484.1413); repeals sec. 405 of 1986 PA 32 (MCL 484.1405) & rescinds R 484.901 - R 484.906 of the Michigan Administrative Code.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2019-06-26 - Assigned Pa 30'19 With Immediate Effect [HB4249 Detail]

Download: Michigan-2019-HB4249-Chaptered.html

Act No. 30

Public Acts of 2019

Approved by the Governor

June 25, 2019

Filed with the Secretary of State

June 25, 2019

EFFECTIVE DATE: June 25, 2019

STATE OF MICHIGAN

100TH LEGISLATURE

REGULAR SESSION OF 2019

Introduced by Rep. Hoitenga

ENROLLED HOUSE BILL No. 4249

AN ACT to amend 1986 PA 32, entitled “An act to provide for the establishment of emergency 9-1-1 districts; to provide for the installation, operation, modification, and maintenance of universal emergency 9-1-1 service systems; to provide for the imposition and collection of certain charges; to provide the powers and duties of certain state agencies, local units of government, public officers, service suppliers, and others; to create an emergency 9-1-1 service committee; to provide remedies and penalties; and to repeal acts and parts of acts,” by amending section 413 (MCL 484.1413), as amended by 2008 PA 379; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

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.

(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) Requirements for multiline telephone systems subject to this section.

(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.

(5) An MLTS operator shall ensure that the multiline telephone system is capable of routing 9-1-1 calls to the 9-1-1 network, and that they are answered by a primary PSAP in a manner that results in accurate ALI and ANI that can be verified in the 9-1-1 location database to include the specific location of the communications device.

(6) For a single building having its own street address and containing a work space of more than 7,000 square feet, all located on a single floor and on a single contiguous property, the MLTS operator shall identify the specific location of each communications device, including the street address. An MLTS operator is exempt from providing the specific location of each communications device until the installation of a new MLTS after January 1, 2020 under this subsection if both of the following apply:

(a) The building contains less than 20,000 square feet of work space.

(b) The building contains fewer than 20 communications devices.

(7) For a single building having its own street address and containing a work space of more than 7,000 square feet on multiple floors and on a single contiguous property, the MLTS operator shall identify the specific location of each communications device including the street address and building floor.

(8) For separate buildings using 1 MLTS and containing a total work space of more than 7,000 square feet on multiple floors and on a single contiguous property having a common public street address, the MLTS operator shall identify the specific location of each communications device in each building, including the street address, building floor, and any unique building identifier, if applicable.

(9) For separate buildings using 1 MLTS and containing a work space of more than 7,000 square feet, all located on a single floor and on a single contiguous property and having a common public street address, the MLTS operator shall identify the specific location of each communications device in each building, in addition to the street address and any unique building identifiers, if applicable. An MLTS operator is exempt from providing the specific location of each communications device until the installation of a new MLTS after January 1, 2020 under this subsection if both of the following apply:

(a) The building contains less than 20,000 square feet of work space.

(b) The building contains fewer than 20 communications devices.

(10) For separate buildings using 1 MLTS and containing a total work space of more than 7,000 square feet on single floors on separate properties having different street addresses, the MLTS operator shall identify the specific location of each communications device in each building, including the street address and any unique building identifier, if applicable. An MLTS operator is exempt from providing the specific location of each communications device until the installation of a new MLTS after January 1, 2020 under this subsection if both of the following apply:

(a) The building contains less than 20,000 square feet of work space.

(b) The building contains fewer than 20 communications devices.

(11) For separate buildings, using 1 MLTS, containing a total work space of more than 7,000 square feet on multiple floors on separate properties having different addresses, the MLTS operator shall identify the specific location of each communications device in each building, including the street address and any unique building identifier, if applicable.

(12) For a house of worship, as described by section 7s of the general property tax act, 1893 PA 206, MCL 211.7s, with a single building having its own street address with less than 20 communications devices, the MLTS operator shall identify, at a minimum, the street address. An MLTS operator is exempt from providing the specific location of each communications device until the installation of a new MLTS purchased after January 1, 2020. The exemption provided under this subsection does not extend to a school controlled by the house of worship at the same address.

(13) For a house of worship, as described by section 7s of the general property tax act, 1893 PA 206, MCL 211.7s, with multiple buildings, using 1 MLTS, all located on a single contiguous property and having a common public street address with less than 20 communications devices, the MLTS operator shall identify, at a minimum, the street address and a unique building identifier. An MLTS operator is exempt from providing the specific location of each communications device until the installation of a new MLTS purchased after January 1, 2020. The exemption provided under this subsection does not extend to a school controlled by the house of worship at the same address.

(14) For a house of worship, as described by section 7s of the general property tax act, 1893 PA 206, MCL 211.7s, with multiple buildings, using 1 MLTS, on separate properties having disparate street addresses, with less than 20 communications devices, the MLTS operator shall identify, at a minimum, the specific street address of the caller’s location and a unique building identifier, if applicable. An MLTS operator is exempt from providing the specific location of each communications device until the installation of a new MLTS purchased after January 1, 2020. The exemption provided under this subsection does not extend to a school controlled by the house of worship at 1 of its addresses.

(15) For a farm, as that term is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472, with less than 20 communications devices located within 1 building, the MLTS operator shall identify the specific location of each communications device, including the street address. An MLTS operator is exempt from providing the specific location of each communications device until the installment of a new MLTS after January 1, 2020. For purposes of this act, a farm does not include a farm producing or selling any product or crop that is unable to be sold in interstate commerce.

(16) An MLTS operator is exempt from the specific location identification requirements under this section if the building maintains, on a 24-hour basis, an alternative method of notification and adequate means of signaling and responding to emergencies including, but not limited to, a communications system that provides the specific location of 9-1-1 calls from within the building or the building is serviced with its own appropriate medical, fire, and security personnel.

(17) An MLTS operator not serviced by enhanced 9-1-1 service is exempt until enhanced 9-1-1 is available.

(18) An MLTS operator in violation of this act after December 31, 2020 shall provide the commission and the committee information on the failure to meet the deadline and within 60 days after the violation provide a plan to remedy the failure within 6 months.

(19) An MLTS operator in violation of this act after December 31, 2020 may be assessed a fine by the commission from $500.00 to $5,000.00 per offense. An MLTS operator with 50 or fewer employees may be assessed a fine by the commission of up to $500.00 per offense.

(20) As used in this section:

(a) “Alternative methods of notification” means that an internal system exists that will locate the communications device used to make a 9-1-1 call and initiate an emergency response.

(b) “Communications device” means a device that is integrated into the design and operation of the multiline telephone system and by using the multiline telephone system is capable of accessing, connecting with, or interfacing with a 9-1-1 system, exclusively through the numerals 9-1-1, by dialing, initializing, or otherwise activating the 9-1-1 system through the numerals 9-1-1 by means of a local telephone, cellular telephone, wireless communications device, interconnected voice over the internet device, or any other means.

(c) “Enhanced 9-1-1” or “E9-1-1” means an advanced form of 9-1-1 service that transmits the caller’s telephone number to the public safety answering point, for cross-referencing with an address database to determine the caller’s location, which is relayed to a video monitor for the emergency dispatcher to direct public safety personnel responding to the emergency.

(d) “Multiline telephone system” or “MLTS” means a system comprised of common control unit or units, telephone sets with unique telephone numbers, and control hardware and software.

(e) “Multiline telephone system operator” or “MLTS operator” means a service user who owns, leases, or rents from a third party, and operates an MLTS.

(f) “Specific location” means a room or unit number, or room name, or equivalent unique designation of a portion of a structure or building to which a 9-1-1 emergency response team may be dispatched, and the caller quickly located, that is not more than 7,000 square feet.

(g) “Work space” means the physical building area where work is normally performed, measured by net square footage, including offices; production, warehouse, and shop floors; storage areas; hallways; conference rooms; break rooms; and other common areas. Work space does not include wall thickness; shafts; heating, ventilating, or air conditioning equipment spaces; mechanical or electrical spaces, or similar areas where employees do not normally have access.

Enacting section 1. Section 405 of the emergency 9-1-1 service enabling act, 1986 PA 32, MCL 484.1405, is repealed.

Enacting section 2. R 484.901 to R 484.906 of the Michigan Administrative Code are rescinded.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor