June 13, 2006, Introduced by Rep. Cushingberry and referred to the Committee on Energy and Technology.
A bill to amend 1986 PA 32, entitled
"Emergency telephone service enabling act,"
by amending section 102 (MCL 484.1102), as amended by 1999 PA 80,
and by adding section 408a.
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 billing 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. 1064, 47 U.S.C. USC
153 and 332, and the
rules of the federal communications commission or provided pursuant
to 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) "CMRS connection" means each number assigned to a CMRS
customer.
(e) "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.
(f) "Database service provider" means a service supplier who
maintains and supplies or contracts to maintain and supply an ALI
database or a MSAG.
(g) "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.
(h) "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.
(i) "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.
(j) "Emergency telephone charge" means emergency telephone
operational charge and emergency telephone technical charge.
(k) "Emergency telephone 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.
(l) "Emergency telephone district board" means the governing
body created by the board of commissioners of the county or
counties with authority over an emergency telephone district.
(m) "Emergency telephone operational charge" means a charge
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.
(n) "Emergency telephone technical charge" means a charge for
the network start-up costs, customer notification costs, billing
costs including an allowance for uncollectibles for technical and
operational charges, and network nonrecurring and recurring
installation, maintenance, service, and equipment charges of a
service supplier providing 9-1-1 service under this act.
(o) "Exchange access facility" means the access from a
particular service user's premises to the telephone system.
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.
(p) "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 exclusions of public agencies from the 9-1-1
service district of the tentative 9-1-1 service plan under section
306 and any failure of public safety agencies to be designated as
PSAPs or secondary PSAPs under section 307.
(q) "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.
(r) "Obligations" means bonds, notes, installment purchase
contracts, or lease purchase agreements to be issued by a public
agency under a law of this state.
(s) "Person" means an individual, corporation, partnership,
association, governmental entity, or any other legal entity.
(t) "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.
(u) "Prime rate" means the average predominant prime rate
quoted by not less than 3 commercial financial institutions as
determined by the department of treasury.
(v) "Private safety entity" means a nongovernmental
organization that provides emergency fire, ambulance, or medical
services.
(w) "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.
(x) "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.
(y) "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
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 not in whole or in part appreciate
in principal amount or be 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.
(z) "Relay method" means that a PSAP notes pertinent
information and relays it by telephone, radio, or private line 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.
(aa) "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.
(bb) "Service supplier" means a person providing a telephone
service or a CMRS to a service user in this state.
(cc) "Service user" means an exchange access facility or CMRS
service customer of a service supplier within a 9-1-1 system.
(dd) "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.
(ee) "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.
(ff) "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.
(gg) "Universal basic human needs number service" or "2-1-1
service" means public telephone service that provides service users
with the ability to access information regarding critical health
and human services available in their community by dialing the
digits "2-1-1".
(hh) (gg)
"Universal emergency number service" or
"9-1-1
service" means public telephone service that provides service users
with the ability to reach a public safety answering point by
dialing the digits "9-1-1".
(ii) (hh)
"Universal emergency number service
system" or "9-
1-1 system" means a system for providing 9-1-1 service under this
act.
(jj) (ii)
"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. 408a. A service charge of 10 cents per month shall be
imposed for each telephone line with access to a 2-1-1 system. The
service charge shall be listed as a separate line item on each bill
and shall be designated as the "operational 2-1-1 charge".