Bill Text: MI SB0400 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Communications; emergency 9-1-1; emergency 9-1-1 service enabling act; modify. Amends secs. 102, 201, 312, 401a, 401b, 401c, 401d, 403, 406, 407 & 408 of 1986 PA 32 (MCL 484.1102 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-03-08 - Assigned Pa 0051'18 With Immediate Effect [SB0400 Detail]
Download: Michigan-2017-SB0400-Introduced.html
SENATE BILL No. 400
May 23, 2017, Introduced by Senator JONES 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 sections 102, 201, 312, 401a, 401b, 401c, 403, 406,
407, and 408 (MCL 484.1102, 484.1201, 484.1312, 484.1401a,
484.1401b, 484.1401c, 484.1403, 484.1406, 484.1407, and 484.1408),
sections 102, 401a, and 401b as amended by 2012 PA 260, sections
201 and 312 as amended by 2007 PA 164, section 401c as amended by
2012 PA 433, sections 403, 406, and 407 as amended by 2007 PA 165,
and section 408 as amended by 2013 PA 113.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 102. As used in this act:
(a) "Automatic location identification" or "ALI" means a 9-1-1
service feature provided by the service supplier that automatically
provides the name and service address or, for a CMRS service
supplier, the location associated with the calling party's
telephone number as identified by automatic number identification
to a 9-1-1 public safety answering point.
(b) "Automatic number identification" or "ANI" means a 9-1-1
service feature provided by the service supplier that automatically
provides the calling party's telephone number to a 9-1-1 public
safety answering point.
(c) "Commercial mobile radio service" or "CMRS" means
commercial mobile radio service regulated under section 3 of title
I and section 332 of title III of the communications act of 1934,
chapter
652, 48 Stat. Stat 1064, 47 USC 153 and 332, and the rules
of
the federal communications commission Federal Communications
Commission or provided under the wireless emergency service order.
Commercial mobile radio service or CMRS includes all of the
following:
(i) A wireless 2-way communication device, including a radio
telephone used in cellular telephone service or personal
communication service.
(ii) A functional equivalent of a radio telephone
communications line used in cellular telephone service or personal
communication service.
(iii) A network radio access line.
(d) "Commission" means the Michigan public service commission.
(e) "Committee" means the emergency 9-1-1 service committee
created under section 712.
(f) "Common network costs" means the costs associated with the
common network required to deliver a 9-1-1 call with ALI and ANI
from a selective router to the proper PSAP and the costs associated
with the 9-1-1 database and data distribution system of the primary
9-1-1 service supplier identified in a county 9-1-1 plan. As used
in this subdivision, "common network" means the elements of a
service supplier's network that are not exclusive to the supplier
or technology capable of accessing the 9-1-1 system.
(g) "Communication service" means a service 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 device, cellular telephone device,
wireless communication device, interconnected voice over the
internet device, or any other means.
(h) "CMRS connection" means each number assigned to a CMRS
customer.
(i) "Consolidated dispatch" means a countywide or regional
emergency dispatch service that provides dispatch service for 75%
or more of the law enforcement, fire fighting, emergency medical
service, and other emergency service agencies within the
geographical area of a 9-1-1 service district or serves 75% or more
of the population within a 9-1-1 service district.
(j) "County 9-1-1 charge" means the charge allowed under
sections 401b and 401e.
(k) "Database service provider" means a service supplier who
maintains and supplies or contracts to maintain and supply an ALI
database or an MSAG.
(l) "Direct dispatch method" means that the agency receiving
the 9-1-1 call at the public safety answering point decides on the
proper action to be taken and dispatches the appropriate available
public safety service unit located closest to the request for
public safety service.
(m) "Emergency response service" or "ERS" means a public or
private agency that responds to events or situations that are
dangerous or that are considered by a member of the public to
threaten the public safety. An emergency response service includes
a police or fire department, an ambulance service, or any other
public or private entity trained and able to alleviate a dangerous
or threatening situation.
(n) "Emergency service zone" or "ESZ" means the designation
assigned by a county to each street name and address range that
identifies which emergency response service is responsible for
responding to an exchange access facility's premises.
(o) "Emergency telephone charge" means the emergency telephone
operational charge and emergency telephone technical charge allowed
under section 401.
(p) "Emergency 9-1-1 district" or "9-1-1 service district"
means the area in which 9-1-1 service is provided or is planned to
be provided to service users under a 9-1-1 system implemented under
this act.
(q) "Emergency 9-1-1 district board" means the governing body
created by the board of commissioners of the county or counties
with authority over an emergency 9-1-1 district.
(r) "Emergency telephone operational charge" means a charge
allowed under section 401 for nonnetwork technical equipment and
other costs directly related to the dispatch facility and the
operation of 1 or more PSAPs including, but not limited to, the
costs of dispatch personnel and radio equipment necessary to
provide 2-way communication between PSAPs and a public safety
agency. Emergency telephone operational charge does not include
non-PSAP related costs such as response vehicles and other
personnel.
(s) "Emergency telephone technical charge" means a charge as
allowed under section 401 or 401d for costs directly related to 9-
1-1 service including plant-related costs associated with the use
of the public switched telephone network from the end user to the
selective router, the network start-up costs, customer notification
costs, common network costs, administrative costs, database
management costs, and network nonrecurring and recurring
installation, maintenance, service, and equipment charges of a
service supplier providing 9-1-1 service under this act. Emergency
telephone technical charge does not include costs recovered under
sections 401b(10) and 408(2).
(t) "Exchange access facility" means the access from a
particular service user's premises to the communication service.
Exchange access facilities include service supplier provided access
lines, PBX trunks, and centrex line trunk equivalents, all as
defined by tariffs of the service suppliers as approved by the
public service commission. Exchange access facilities do not
include telephone pay station lines or WATS, FX, or incoming only
lines.
(u) "Final 9-1-1 service plan" means a tentative 9-1-1 service
plan that has been modified only to reflect necessary changes
resulting from any failure of public safety agencies to be
designated as PSAPs or secondary PSAPs under section 307.
(v) "IP-based 9-1-1 service provider" means the provider of a
standards-based digital (Internet Protocol) secure redundant
managed 9-1-1 transport network used for the routing and delivery
of 9-1-1 connectivity with location information from a party
requesting emergency services to a PSAP. An IP-based 9-1-1 network
can interface with other networks and transport other emergency
services applications. An IP-based 9-1-1 network may be constructed
from a mix of dedicated and shared facilities or networks, and may
be interconnected at local, regional, state, federal, national, and
international levels to form an IP-based inter-network or intra-
network of 9-1-1 connectivity.
(w) (v)
"Master street address
guide" or "MSAG" means a
perpetual database that contains information continuously provided
by a service district that defines the geographic area of the
service district and includes an alphabetical list of street names,
the range of address numbers on each street, the names of each
community in the service district, the emergency service zone of
each service user, and the primary service answering point
identification codes.
(x) (w)
"Obligations" means
bonds, notes, installment purchase
contracts, or lease purchase agreements to be issued by a public
agency under a law of this state.
(y) (x)
"Person" means an
individual, corporation,
partnership, association, governmental entity, or any other legal
entity.
(z) (y)
"Prepaid wireless
telecommunications service" means a
commercial mobile radio service that allows a caller to dial 9-1-1
to access the 9-1-1 system and is paid for in advance and sold in
predetermined units or dollars of which the number declines with
use in a known amount.
(aa) (z)
"Primary public safety
answering point", "PSAP", or
"primary PSAP" means a communications facility operated or answered
on a 24-hour basis assigned responsibility by a public agency or
county to receive 9-1-1 calls and to dispatch public safety
response services, as appropriate, by the direct dispatch method,
relay method, or transfer method. It is the first point of
reception by a public safety agency of a 9-1-1 call and serves the
jurisdictions in which it is located and other participating
jurisdictions, if any.
(bb) (aa)
"Prime rate" means the
average predominant prime
rate quoted by not less than 3 commercial financial institutions as
determined by the department of treasury.
(cc) (bb)
"Private safety entity"
means a nongovernmental
organization that provides emergency fire, ambulance, or medical
services.
(dd) (cc)
"Public agency" means a
village, township, charter
township, or city within the state and any special purpose district
located in whole or in part within the state.
(ee) (dd)
"Public safety agency"
means a functional division
of a public agency, county, or the state that provides fire
fighting, law enforcement, ambulance, medical, or other emergency
services.
(ff) (ee)
"Qualified obligations"
means obligations that meet
1 or more of the following:
(i) The proceeds of the obligations benefit the 9-1-1
district, and for which all of the following conditions are met:
(A) The proceeds of the obligations are used for capital
expenditures, costs of a reserve fund securing the obligations, and
costs
of issuing the obligations. The proceeds of obligations shall
must not be used for operational expenses.
(B) The weighted average maturity of the obligations does not
exceed the useful life of the capital assets.
(C)
The obligations shall do not in whole or in part
appreciate
in principal amount or be are
not sold at a discount of
more than 10%.
(ii) The obligations are issued to refund obligations that
meet the conditions described in subparagraph (i) and the net
present value of the principal and interest to be paid on the
refunding obligations, excluding the cost of issuance, will be less
than the net present value of the principal and interest to be paid
on the obligations being refunded, as calculated using a method
approved by the department of treasury.
(gg) (ff)
"Relay method" means that
a PSAP notes pertinent
information and relays it by a communication service to the
appropriate public safety agency or other provider of emergency
services that has an available emergency service unit located
closest to the request for emergency service for dispatch of an
emergency service unit.
(hh) (gg)
"Secondary public safety
answering point" or
"secondary PSAP" means a communications facility of a public safety
agency or private safety entity that receives 9-1-1 calls by the
transfer method only and generally serves as a centralized location
for a particular type of emergency call.
(ii) (hh)
"Service supplier" means
a person providing a
communication service to a service user in this state.
(jj) (ii)
"Service user" means a
person receiving a
communication service.
(kk) (jj)
"State 9-1-1 charge"
means the charge provided for
under section 401a.
(ll) (kk)
"Tariff" means the rate
approved by the public
service commission for 9-1-1 service provided by a particular
service supplier. Tariff does not include a rate of a commercial
mobile radio service by a particular supplier.
(mm) (ll) "Tentative
9-1-1 service plan" means a plan prepared
by 1 or more counties for implementing a 9-1-1 system in a
specified 9-1-1 service district.
(nn) (mm)
"Transfer method" means
that a PSAP transfers the 9-
1-1 call directly to the appropriate public safety agency or other
provider of emergency service that has an available emergency
service unit located closest to the request for emergency service
for dispatch of an emergency service unit.
(oo) (nn)
"Universal emergency number
service" or "9-1-1
service" means public communication service that provides service
users with the ability to reach a public safety answering point by
dialing the digits "9-1-1".
(pp) (oo)
"Universal emergency number
service system" or "9-1-
1 system" means a system for providing 9-1-1 service under this
act.
(qq) (pp)
"Wireless emergency service
order" means the order
of the federal communications commission, FCC docket No. 94-102,
adopted June 12, 1996 with an effective date of October 1, 1996.
Sec. 201. (1) An emergency 9-1-1 service system shall not be
implemented in this state except as provided under this act.
(2) One or more counties may create an emergency 9-1-1 service
system under this act.
(3) With the approval of the county board of commissioners in
a
county with a population of 1,800,000 1,650,000 or more, 4 or
more cities may create an emergency 9-1-1 service district under
this act.
(4) Each service supplier in this state is required to provide
each of its service users access to the 9-1-1 system. Each service
supplier shall provide the committee with contact information to
allow for notifications as required under section 714.
Sec. 312. (1) Except as otherwise provided under subsection
(2), after a final 9-1-1 service plan has been adopted under
section 310, a county may amend the final 9-1-1 service plan only
by complying with the procedures described in sections 301 to 310.
Upon adoption of an amended final 9-1-1 service plan by the county
board of commissioners, the county shall forward the amended final
9-1-1 service plan to the service supplier or suppliers designated
to provide 9-1-1 service within the 9-1-1 service district as
amended. Upon receipt of the amended final 9-1-1 service plan, each
designated service supplier shall implement as soon as feasible the
amendments to the final 9-1-1 service plan in the 9-1-1 service
district as amended.
(2) The county board of commissioners may by resolution make
minor amendments to the final 9-1-1 service plan for any of the
following:
(a) Changes in PSAP premises equipment, including, but not
limited to, computer-aided dispatch systems, call processing
equipment, and computer mapping.
(b) Changes involving the participating public safety agencies
within a 9-1-1 service district.
(c) Changes in the 9-1-1 charges collected by the county
subject to the limits under this act.
(d) Changes in 9-1-1 service providers to include IP-based 9-
1-1 service providers approved by the committee.
Sec. 401a. (1) Each service supplier within a 9-1-1 service
district shall bill and collect a state 9-1-1 charge from all
service users, except for users of a prepaid wireless
telecommunications service, 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 must 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).
(2) (3)
The state 9-1-1 charge shall must 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 must
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 must be listed separately on the
customer's bill or payment receipt or otherwise disclosed to the
consumer.
(3) (4)
The initial state 9-1-1
charge shall be 19 is 25 cents
and
shall be effective July 1, 2008.
2017. The state 9-1-1 charge
shall
must 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
July
1, 2009 and July 1, 2010. Any adjustment to the charge by the
commission
shall be made no later than 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.
(4) (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
assess a county 9-1-1 charge to service users, except for users of
a prepaid wireless telecommunications service, located within that
county by 1 of the following methods:
(a)
Up to $0.42 $0.55 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) 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) 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 must 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) Within 90 days after the first day of each fiscal or
calendar
year of a county, an annual accounting shall must be
made
of the charge approved under this section.
(6) Except as otherwise provided in subsection (10), the
county
9-1-1 charge collected under this section shall must 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) 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 May 15 of each year of any
change in the county 9-1-1 charge under this section.
(8) If a county has multiple emergency response districts, the
county
9-1-1 charge collected under this section shall must be
distributed under subsection (6) in proportion to the population
within the emergency 9-1-1 district.
(9)
This section shall does 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) 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)
The charge allowed under this section shall must be
listed separately on the customer's bill or otherwise disclosed to
the
consumer and shall state by which means the charge was approved
under subsection (1).
(12) 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 shall not release that information 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) 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
must be used only to fund costs approved as allowable in a
published report by the committee before 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 before modifying what
constitutes an allowable cost under this subsection.
Sec. 401c. (1) A seller shall collect a prepaid wireless 9-1-1
surcharge from a consumer for each retail transaction occurring in
this state.
(2)
The amount of the prepaid wireless 9-1-1 surcharge shall
be
1.92% is 4.19% per retail transaction. The charge allowed under
this
section shall must be either separately stated on an invoice,
receipt, or other similar document that is provided to a consumer
by the seller or otherwise disclosed to the consumer.
(3) Each of the following transactions is considered to have
occurred in this state:
(a) A retail transaction that is effected in person by a
consumer at a business location of a seller located in this state.
(b) A retail transaction that is treated as occurring in this
state as provided in section 3c of the use tax act, 1937 PA 94, MCL
205.93c, as that section applies to a prepaid wireless calling
service.
(4) A prepaid wireless 9-1-1 surcharge is the liability of the
consumer and not of the seller or of any provider.
(5) Except as otherwise provided in subsection (6), if a
prepaid wireless telecommunications service is sold with 1 or more
products or services for a single, nonitemized price, the seller
shall
collect 1.92% 4.19% on the entire nonitemized price unless
the seller elects to do the following:
(a) If the amount of the prepaid wireless telecommunications
service is disclosed to the consumer as a dollar amount, apply the
percentage to that dollar amount.
(b) If the seller can identify the portion of the price that
is attributable to the prepaid wireless telecommunications service
by reasonable and verifiable standards from its books and records
that are kept in the regular course of business for other purposes
including, but not limited to, nontax purposes, apply the
percentage to that portion.
(6) If a minimal amount of prepaid wireless telecommunications
service is sold with a prepaid wireless device for a single,
nonitemized price, a seller may elect not to apply the percentage
specified in subsection (5)(a) to that transaction. As used in this
subsection, "minimal amount" means an amount of service denominated
as 10 minutes or less or $5.00 or less.
(7) The seller shall remit the prepaid wireless 9-1-1
surcharge
shall be remitted monthly by the seller to the state
treasurer
and deposited who shall
deposit it in the emergency 9-1-1
fund created in section 407.
(8) A seller may retain 2% of prepaid wireless 9-1-1
surcharges that are collected by the seller to reimburse the seller
for its direct costs in collecting and remitting the prepaid
wireless 9-1-1 surcharges.
(9) A provider or seller of prepaid wireless
telecommunications service is not liable for damages to any person
resulting from or incurred in connection with the provision of, or
failure to provide, 9-1-1 service or for identifying or failing to
identify the telephone number, address, location, or name
associated with any person or device that is accessing or
attempting to access 9-1-1 service.
(10) A provider or seller of prepaid wireless
telecommunications service is not liable for damages to any person
resulting from or incurred in connection with the provision of any
lawful assistance to any investigative or law enforcement officer
of the United States, this state, or any other state in connection
with any lawful investigation or other law enforcement activity by
that law enforcement officer.
(11) As used in this section:
(a) "Consumer" means a person who purchases prepaid wireless
telecommunications services in a retail transaction.
(b) "Department" means the Michigan department of treasury.
(c) "Prepaid wireless 9-1-1 surcharge" means the fee that is
required to be collected by a seller from a consumer in the amount
established under subsection (2).
(d) "Provider" means a person that provides prepaid wireless
telecommunications
services under a license issued by the federal
communications
commission.Federal
Communications Commission.
(e) "Retail transaction" means the purchase of prepaid
wireless telecommunications service from a seller for any purpose
other than resale.
(f) "Seller" means a person who sells prepaid wireless
telecommunications service to another person.
Sec.
403. (1) Each service supplier shall be is solely
responsible for the billing of the state and county 9-1-1 charge
and
the transmittal of transmitting
the money collected to the
emergency 9-1-1 fund and to the counties as required under this
act.
(2) The attorney general may commence a civil action on behalf
of the committee against a service supplier, CMRS supplier,
reseller, or retailer for appropriate relief for failure to report,
charge, collect, and transmit the state 9-1-1 charges in sections
401a and 401c. An action under this subsection may be brought in
the Ingham County circuit court or the circuit court in a county in
which the defendant resides or is doing business. The court has
jurisdiction to restrain the violation and to require compliance
with this section.
(3) A county or 9-1-1 service district may commence a civil
action against a service supplier, CMRS supplier, or reseller for
appropriate relief for failure to report, charge, collect, and
transmit the 9-1-1 charge in section 401b. An action under this
subsection may be brought in the circuit court of the county
receiving the 9-1-1 charge or in the circuit court in a county in
which the defendant resides or is doing business. The court has
jurisdiction to restrain the violation and to require compliance
with this section.
Sec. 406. (1) The funds collected and expended under this act
shall
must be expended exclusively for 9-1-1 services and in
compliance with the rules promulgated under section 413.
(2) Each county, PSAP, or secondary PSAP that receives money
under this act shall assure that fund accounting, auditing,
monitoring, and evaluation procedures are provided as required by
this act and the rules promulgated under this act.
(3)
An annual audit shall must
be conducted by an independent
auditor using generally accepted accounting principles and copies
of
the annual audit shall must
be made available for public
inspection.
(4)
An increase in the charges allowed under this act shall
must not be authorized or expended for the next fiscal year unless
according to the most recently completed annual audit the
expenditures are in compliance with this act.
(5) The receipt of 9-1-1 funds under this act is dependent on
compliance with the standards established by the commission under
section 413.
Sec. 407. (1) The emergency 9-1-1 fund is created within the
state treasury.
(2) The state treasurer may receive money or other assets as
provided under this act and from any source for deposit into the
fund. Money may be deposited into the fund by electronic funds
transfer.
Money in the CMRS emergency telephone fund on the
effective
date of the amendatory act that added section 401a shall
July 1, 2008 must be deposited into the fund and expended as
provided by this act. The state treasurer shall direct the
investment of the fund. The state treasurer shall credit to the
fund interest and earnings from fund investments.
(3)
Money in the fund at the close of the fiscal year shall
remain
remains in the fund and shall does not
lapse to the general
fund.
(4) The department of treasury shall expend money from the
fund only as provided in this act. The disbursement of money may be
by electronic funds transfer.
(5) The auditor general shall audit the fund at least
annually.biennially.
Sec. 408. (1) Except as otherwise provided under this act, a
service supplier shall bill and collect a state 9-1-1 service
charge per month as determined under section 401a. The service
supplier shall list the state 9-1-1 service charge authorized under
this
act as a separate line item on each bill . The service charge
shall
be listed on the bill as the
"state 9-1-1 charge".
(2) Each service supplier may retain 2% of the state 9-1-1
charge collected under this act to cover the supplier's costs for
billing and collection.
(3) Except as otherwise provided under subsection (2), the
money collected as the state 9-1-1 charge under subsection (1)
shall
must be deposited in the emergency 9-1-1 fund created in
section 407 no later than 30 days after the end of the quarter in
which the state 9-1-1 charge was collected.
(4)
Except as otherwise provided under section 401a(5), all
All money collected and deposited in the emergency 9-1-1 fund
created
in section 407 shall must be distributed as provided in
this section. Annual money in the fund not exceeding $37,000,000.00
must be distributed as follows:
(a)
82.5% shall 65% must be disbursed to each county that has
a
final 9-1-1 plan in place. Forty percent of the 82.5% shall 65%
must be distributed quarterly on an equal basis to each county, and
60%
of the 82.5% shall 65%
must be distributed quarterly based on
a
population
per capita basis. Money A
county shall only use money
received
by a the county under this subdivision shall only be used
for
9-1-1 services as allowed under this act. Money A county shall
repay to the fund any money expended under this subdivision for a
purpose considered unnecessary or unreasonable by the committee or
the
auditor general. shall be repaid to the fund.
(b)
7.75% shall 3.5% must be available to reimburse local
exchange providers for the costs related to wireless emergency
service. Any cost reimbursement allowed under this subdivision
shall
must not include a cost that is not related to wireless
emergency service. A local exchange provider may submit an invoice
to the commission for reimbursement from the emergency 9-1-1 fund
for allowed costs. Within 45 days after the date an invoice is
submitted to the commission, the commission shall approve, either
in whole or in part, or deny the invoice.
(c)
6.0% shall 5.5% must be available to PSAPs for training
personnel assigned to 9-1-1 centers. A public safety agency or
county
shall make a written request for money
from the fund shall
be
made by a public safety agency or county to the committee. The
committee shall semiannually authorize distribution of money from
the fund to eligible public safety agencies or counties. A public
safety agency or county that receives money under this subdivision
shall create, maintain, and make available to the committee upon
request a detailed record of expenditures relating to the
preparation, administration, and carrying out of activities of its
9-1-1
training program. Money An
eligible public safety agency or
county
shall repay to the fund any money expended
by an eligible
that public safety agency or county for a purpose considered
unnecessary or unreasonable by the committee or the auditor
general. shall
be repaid to the fund. The commission shall consult
with and consider the recommendations of the committee in the
promulgation of rules under section 413 establishing training
standards
for 9-1-1 system personnel. Money shall must be disbursed
on a biannual basis to an eligible public safety agency or county
for training of PSAP personnel through courses certified by the
committee only for either of the following purposes:
(i) To provide basic 9-1-1 operations training.
(ii) To provide in-service training to employees engaged in 9-
1-1 service.
(d)
1.88% shall 1.5% must be credited to the department of
state police to operate a regional dispatch center that receives
and
dispatches 9-1-1 calls, and 1.87% shall 3% must be credited to
the department of state police for costs to administer this act and
to maintain the office of the state 9-1-1 coordinator.
(e) 21.5% shall be available for reimbursement by the
committee only for the following purposes:
(i) Grant match for statewide or regional IP-based 9-1-1
projects.
(ii) Invoices submitted by committee-approved IP-based 9-1-1
service providers for the costs related to IP-based 9-1-1 emergency
service.
(5)
For fiscal year 2010-2011 only, an amount not to exceed
$1,700,000.00
is distributed to the department of state police for
an
integrated IP-based 9-1-1 mapping system in this state. The
money
distributed under this subsection is for the restricted
purpose
of matching funds for the state's award of a grant under
the
grant program established under the federal ensuring needed
help
arrives near callers employing 911 act of 2004 to be used
solely
for the acquisition and deployment of a state integrated IP-
based
9-1-1 mapping system. All costs associated with the state
integrated
IP-based 9-1-1 mapping system including, but not limited
to,
its construction, administration, and maintenance shall only be
paid
from money distributed under this subsection and any federal
grant
money.
(6)
From money not distributed to local exchange providers
under
subsection (4)(b), an amount not to exceed $150,000.00 shall
be
annually distributed to the department of treasury to fund a
portion
of the department's costs in administering this act. This
subsection
does not apply after September 30, 2015.
(5) An IP-based 9-1-1 service provider that has been approved
by the committee as meeting standards-based criteria set by the
committee may submit an invoice to the committee for reimbursement
from the emergency 9-1-1 fund for allowed costs. Within 90 days
after the date an invoice is submitted to the committee, the
committee shall approve, either in whole or in part, or deny the
invoice. Any cost reimbursement allowed under this subdivision must
not include a cost that is not related to IP-based 9-1-1 emergency
service.
(6) The committee shall establish a subcommittee to review
invoices submitted by IP-based 9-1-1 service providers and make
recommendations to the committee for approval or denial of payment.
The subcommittee will remove IP-based 9-1-1 service provider
information that is considered confidential or proprietary.
(7) Funds generated by the fee in section 401a in excess of
$37,000,000.00 annually must be reserved for distribution committee
approved costs under subsection (4)(e).
(8) (7)
Money received by a county under
subsection (4)(a)
shall
must be distributed by the county to the primary PSAPs
geographically located within the 9-1-1 service district 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 9-1-1 service
plan under subdivision (a), then according to any agreement for
distribution between a county and a public agency.
(c) If distribution is not provided for in the 9-1-1 service
plan under subdivision (a) or by agreement between the county and
public agency under subdivision (b), then according to the
population within the geographic area for which the PSAP serves as
primary PSAP.
(d) If a county has multiple emergency 9-1-1 districts, money
for
that county shall must be distributed as provided in the
emergency 9-1-1 districts' final 9-1-1 service plans.
(9) (8)
The commission shall consult with
and consider
recommendations of the committee in the promulgation of rules under
section 413 establishing the standards for the receipt and
expenditure of 9-1-1 funds under this act. Receipt of 9-1-1 funds
under this act is dependent on compliance with the standards
established under this subsection.
Enacting section 1. This amendatory act takes effect July 1,
2017.
