SB-0400, As Passed Senate, December 6, 2017

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 400

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1986 PA 32, entitled

 

"Emergency 9-1-1 service enabling act,"

 

by amending sections 102, 201, 312, 401a, 401b, 401c, 401d, 403,

 

406, 407, and 408 (MCL 484.1102, 484.1201, 484.1312, 484.1401a,

 

484.1401b, 484.1401c, 484.1401d, 484.1403, 484.1406, 484.1407, and

 

484.1408), sections 102, 401a, 401b, and 401d 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 that meet the next generation 9-1-1 standards

 

set by the National Emergency Number Association.

 

     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. January 1, 2018. 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 $0.48 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 must 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 5.0% 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% 5.0% 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. 401d. (1) Each local exchange provider within a 9-1-1

 

service district shall provide a billing and collection service for

 

an emergency telephone technical charge from all service users,

 

except for users of a prepaid wireless telecommunications service,

 

of the provider within the geographical boundaries of the emergency

 

telephone or 9-1-1 service district. The billing and collection of

 

the emergency telephone technical charge used for billing cost

 

shall must begin as soon as feasible after the final 9-1-1 service

 

plan has been approved. The billing and collection of the emergency

 

telephone technical charge not already collected for billing costs

 

shall begin as soon as feasible after installation and operation of

 

the 9-1-1 system. January 1, 2018. The emergency telephone

 

technical charge shall must be uniform per each exchange access


facility within the 9-1-1 service district. The portion of the

 

emergency telephone technical charge that represents start-up

 

costs, nonrecurring billing, installation, service, and equipment

 

charges of the service supplier, including the costs of updating

 

equipment necessary for conversion to 9-1-1 service, shall must be

 

amortized at the prime rate plus 1% over a period not to exceed 10

 

years and shall be billed and collected from all service users only

 

until those amounts are fully recouped by the service supplier. The

 

prime rate to be used for amortization shall must be set before the

 

first assessment of nonrecurring charges and remain at that rate

 

for 5 years, at which time a new rate may be set for the remaining

 

amortization period. Recurring costs and charges included in the

 

emergency telephone technical charge shall must continue to be

 

billed to the service user.

 

     (2) The amount of the emergency telephone technical charge to

 

be billed to the service user shall must be computed by dividing

 

the total emergency telephone technical charge costs in all 9-1-1

 

service districts in this state by the number of exchange access

 

facilities within the all 9-1-1 service district.districts in this

 

state.

 

     (3) The amount of emergency telephone technical charge payable

 

monthly by a service user for recurring costs and charges shall

 

must not exceed 4% of the lesser of $20.00 or the highest monthly

 

rate charged by the local exchange provider for primary basic local

 

exchange service within the 9-1-1 service district. The amount of

 

emergency telephone technical charge payable monthly by a service

 

user for nonrecurring costs and charges shall must not exceed 5% of


the lesser of $20.00 or the highest monthly rate charged by the

 

provider for primary basic local exchange service within the 9-1-1

 

service district. The difference, if any, between the amount of the

 

emergency telephone technical charge computed under subsection (2)

 

and the maximum permitted under this section shall must be paid by

 

the county from funds available to the county or through

 

cooperative arrangements with public agencies within the 9-1-1

 

service district.

 

     (4) The emergency telephone technical charge shall must be

 

collected in accordance with the regular billings of the local

 

exchange provider. The emergency telephone technical charge payable

 

by service users under this act shall must be added to and shall be

 

stated separately in the billings to service users or otherwise

 

disclosed to the consumer.

 

     (5) As used in this section, "local exchange provider" means a

 

provider of basic local exchange service as defined in section 102

 

of the Michigan telecommunications act, 1991 PA 179, MCL 484.2102.  

 

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 committee, a county, or a 9-1-1 service district shall

 

notify the commission if the committee, county, or 9-1-1 service

 

district is aware of a service supplier, CMRS supplier, reseller,

 

or retailer of a prepaid wireless telecommunications service that

 

has failed to report, charge, collect, or transmit the 9-1-1

 

charges in section 401a, 401b, or 401c. The committee, a county, or


a 9-1-1 service district shall include with the notification under

 

this subsection all information, testimony, exhibits, or other

 

documents and information the committee, county, or 9-1-1 service

 

district possesses that support the notification. Before the

 

attorney general commences a suit under subsection (3), the

 

commission shall investigate any failure to report, charge,

 

collect, or transmit charges and attempt to resolve those

 

complaints.

 

     (3) Upon referral by the commission, the attorney general may

 

commence a civil action against a service supplier, CMRS supplier,

 

reseller, or retailer of a prepaid wireless telecommunications

 

service 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.

 

     (4) This section does not prohibit a county from taking any

 

action authorized by law against an entity that fails to remit the

 

county 9-1-1 charge under section 401b.

 

     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 25.56% must be available to reimburse local

 

exchange providers for the costs related to wireless emergency

 

service and to reimburse IP-based 9-1-1 service providers for the

 

costs related to IP-based 9-1-1 emergency service. Any cost

 

reimbursement allowed under this subdivision shall must not include

 

a cost that is not related to wireless emergency service or to IP-

 

based 9-1-1 emergency service. A local exchange provider or an IP-

 

based 9-1-1 service provider may, on a quarterly basis, submit an

 

invoice to the commission for reimbursement from the emergency 9-1-

 

1 fund for allowed costs. Within Except as otherwise provided in

 

subsection (5), 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 2.44% 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.

 

     (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) Within 60 days of the effective date of the amendatory act

 

that added this subsection, the commission shall commence a

 

proceeding to determine the recurring and nonrecurring cost

 

categories for all IP-based 9-1-1 service providers. The commission

 

shall allow any interested person to intervene in a proceeding

 

under this subsection. Within 180 days after a proceeding is

 

commenced under this subsection, the commission shall issue a final

 

order adopting the recurring and nonrecurring cost categories for

 

all IP-based 9-1-1 service providers considered just and reasonable

 

by the commission. For cost studies first submitted by an IP-based

 

9-1-1 service provider after the commission completes the

 

proceeding under this subsection, the commission shall, within 45

 

days of receiving an invoice, only approve those costs in the

 

invoice that are both of the following:

 

     (a) Consistent with the recurring and nonrecurring cost


categories for IP-based 9-1-1 service providers approved by the

 

commission under this subsection.

 

     (b) The result of a competitively bid process as confirmed by

 

supporting decumentation.

 

     (6) An IP-based 9-1-1 service provider shall file an updated

 

cost study not later than 5 years after the filing of an initial

 

cost study and every 5 years thereafter.

 

     (7) An IP-based 9-1-1 service provider must meet the next

 

generation 9-1-1 standards set by the National Emergency Number

 

Association to submit an invoice to the commission under subsection

 

(4)(b) for reimbursement from the emergency 9-1-1 fund for allowed

 

costs.

 

     (8) Funds generated by the fee in section 401a in excess of

 

$37,000,000.00 annually must be reserved for approved costs under

 

subsection (4)(b).

 

     (9) (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.

 

     (10) (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 January

 

1, 2018.