HOUSE BILL No. 6071

 

December 2, 2014, Introduced by Rep. Kosowski and referred to the Committee on Local Government.

 

     A bill to amend 1986 PA 32, entitled

 

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

 

by amending sections 308 and 505 (MCL 484.1308 and 484.1505),

 

section 308 as amended by 2007 PA 164 and section 505 as amended by

 

1999 PA 81.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 308. The clerk of each county which that has adopted a

 

tentative 9-1-1 service plan under section 303 shall give notice by

 

publication of the hearing on the final 9-1-1 service plan to be

 

held under section 309. The Before January 1, 2015, the notice

 

shall be published twice in a newspaper of general circulation

 

within the county, the first publication of the notice occurring at

 

least 30 days prior to before the date of the hearing. Beginning

 

January 1, 2015, the notice shall, at least 30 days before the date

 


of the hearing, be provided as tier A public notice with a link as

 

set forth in the local government public notice act. The notice

 

shall state all of the following:

 

     (a) The time, date, and place of the hearing.

 

     (b) A description of the boundaries of the 9-1-1 service

 

district of the final 9-1-1 service plan.

 

     (c) That if the board of commissioners of the county, after a

 

hearing, adopts the final 9-1-1 service plan under this act, the

 

state 9-1-1 charge and, if a county 9-1-1 charge has been approved,

 

a county 9-1-1 charge shall be collected on a uniform basis from

 

all service users within the 9-1-1 service district.

 

     Sec. 505. (1) After installation and commencement of operation

 

of a 9-1-1 system implemented pursuant to under this act, a public

 

agency all or part of which is included within a 9-1-1 service

 

district may withdraw all or part of its jurisdiction from a 9-1-1

 

service district effective January 1 of the following year if all

 

of the following occur:

 

     (a) The public agency, after giving notice required in

 

subdivisions (b) and (c), conducts a public hearing on the

 

withdrawal at which all persons attending are afforded a reasonable

 

opportunity to be heard.

 

     (b) Written notice of the time, date, and place of the public

 

hearing conducted by the public agency is given to the county clerk

 

and the clerk of each public agency within the 9-1-1 service

 

district, at least 30 days prior to before the date of the hearing.

 

     (c) Notice Before January 1, 2015, notice of the time, date,

 

place, and purpose of the public hearing is published twice in a

 


newspaper of general circulation within the public agency, the

 

first publication of the notice occurring at least 30 days prior to

 

before the date of the hearing. Beginning January 1, 2015, the

 

notice of the time, date, place, and purpose of the public hearing

 

shall, at least 30 days before the date of the hearing, be provided

 

as tier A public notice with a link as set forth in the local

 

government public notice act.

 

     (d) After the public hearing on withdrawal but prior to 90

 

days before the end of the calendar year, the legislative body of

 

the public agency adopts a resolution withdrawing all or part of

 

the area of the public agency from the 9-1-1 service district. Such

 

The resolution shall describe the area of the public agency

 

withdrawing from the 9-1-1 service district. The resolution shall

 

also state the emergency telephone number to be used within the

 

jurisdiction of the public agency following withdrawal from the 9-

 

1-1 service district.

 

     (e) Within 5 days after adoption of the resolution by the

 

legislative body of the public agency, the clerk or other

 

appropriate official of the public agency shall forward such the

 

resolution by certified mail, return receipt requested, to the

 

county clerk. Within 5 days of receipt of a certified copy of the

 

resolution adopted pursuant to under this section, the county clerk

 

shall forward such the resolution by certified mail, return receipt

 

requested, to the service suppliers providing or designated to

 

provide 9-1-1 service to the area of the public agency withdrawing

 

from the 9-1-1 service district.

 

     (2) A public service agency may not withdraw any part of its

 


jurisdiction from a 9-1-1 service district until all outstanding

 

qualified obligations secured by emergency telephone operational

 

charges incurred after the time of the addition of the public

 

service agency to the 9-1-1 service area agreed to by the

 

withdrawing public service agency and the remaining public service

 

agencies comprising the 9-1-1 service district are paid or other

 

provisions are made to pay the qualified obligations.

 

     Enacting section 1. This amendatory act does not take effect

 

unless House Bill No. 5560 of the 97th Legislature is enacted into

 

law.