Bill Text: MI HB4237 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Communications; other; authorized use of Michigan public safety communications system; expand. Amends title & secs. 1, 2 & 3 of 1929 PA 152 (MCL 28.281 et seq.).
Spectrum: Moderate Partisan Bill (Republican 11-2)
Status: (Passed) 2014-12-31 - Assigned Pa 564'14 With Immediate Effect 2014 Addenda [HB4237 Detail]
Download: Michigan-2013-HB4237-Engrossed.html
HB-4237, As Passed House, December 9, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 4237
A bill to amend 1929 PA 152, entitled
"An act to provide for the state-owned and operated Michigan public
safety communications system for police and public safety purposes;
to provide for acquisition, construction, implementation,
operation, and maintenance of the property and equipment necessary
to operate the system; and to prescribe the powers and duties of
certain state agencies and officials,"
by amending the title and sections 1, 2, and 3 (MCL 28.281, 28.282,
and 28.283), as amended by 1996 PA 538.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide for the state-owned and operated Michigan
public
safety communications system; for police and public safety
purposes;
to provide for acquisition,
construction, implementation,
operation, and maintenance of the property and equipment necessary
to operate the system; and to prescribe the powers and duties of
certain state agencies and officials.
Sec. 1. The Michigan public safety communications system is an
700-megahertz and 800-megahertz radio system and telecommunication
network
within the department of state police technology,
management, and budget and includes all real and personal property,
towers, buildings, equipment, and other related facilities and
fixtures necessary for the operation and maintenance of the system.
Sec.
2. (1) The director of the department of state police and
the
director of the department of technology, management, and
budget
are is responsible for the construction, implementation,
operation, and maintenance of the Michigan public safety
communications system.
(2) In siting the buildings and equipment necessary to
implement the Michigan public safety communications system, the
director
of the department of state police technology, management,
and budget shall locate the system, and a local unit of government
with zoning authority shall be notified of a site selected in their
jurisdiction and the requirements necessary for a site. If the
selected
site does not comply with zoning, the local unit shall
have
has 30 days from the date of notification to grant a
special
use permit or propose an equivalent site. If the local unit does
not grant a special use permit within the 30 day period, or a
proposed alternate site does not meet the siting requirements, the
department of technology, management, and budget may proceed with
construction.
Sec. 3. (1) The department of state police shall broadcast all
police
dispatches and reports which that
have a reasonable relation
to or connection with the apprehension of criminals, the prevention
of crime, or the maintenance of peace, order, and public safety in
this state.
(2)
The director of the department of state police technology,
management,
and budget may authorize any governmental
public safety
agency or person to utilize the Michigan public safety
communications system for communications consistent with federal
rules and regulations or to utilize the Michigan public safety
communications system for collocations.
(3) All costs associated with planning, installing, and
maintaining collocation equipment are the responsibility of the
public safety agency or person requesting permission for
collocation. Costs associated with collocating on the Michigan
public safety communications system paid by a public safety agency
or person requesting permission to collocate shall be comparable to
the costs charged to other public safety agencies or persons
requesting to collocate.
(4) Except as otherwise provided in this subsection, a
governmental entity may collocate on the Michigan public safety
communications system. Until 3 years after the effective date of
the amendatory act that added this subsection, a governmental
entity that is not a public safety agency shall not collocate on
the Michigan public safety communications system for any commercial
or business purpose. Beginning 3 years after the effective date of
the amendatory act that added this subsection, a governmental
entity that is not a public safety agency may collocate on the
Michigan public safety communications system for a commercial or
business purpose only in a service needs area.
(5) The department of technology, management, and budget shall
use any money collected from collocation leasing of the Michigan
public safety communications system for the construction or
maintenance of the Michigan public safety communications system
including the payment of debt service for bonds that finance the
construction or maintenance of the Michigan public safety
communications system.
(6) The director of the department of technology, management,
and budget shall deny a public safety agency or person permission
to install, attach, or continue to collocate equipment to a tower
constructed under this act if the director of the department of
technology, management, and budget or his or her designee
determines that the installation, attachment, or continued
collocation will interfere with the optimum operation of the
Michigan public safety communications system or any current or
planned public safety communications collocated on a tower.
(7) As used in this section:
(a) "Collocate" means to place or install wireless
communications equipment or network components used in the
provision of wireless communications services, including, but not
limited to, antennas, transmitters, receivers, base stations,
equipment shelters, cabinets, emergency generators, power supply
cabling, and coaxial and fiber optic cable, on or in the real or
personal property or towers used in the operation and maintenance
of the Michigan public safety communications system.
(b) "Commercial or business purpose" does not include those
uses of the Michigan public safety communications system approved
before the effective date of the amendatory act that added
subsection (3) or uses consistent with federal rules and
regulations in connection with the allocation of wireless spectrum
for public safety communication.
(c) "Person" means an individual, corporation, partnership,
association, governmental entity, or any other legal entity.
(d) "Public safety agency" means a functional division of a
public agency, county, or this state that provides firefighting,
law enforcement, ambulance, medical, or other emergency services.
(e) "Service needs area" means an area determined to be
unserved by the connect Michigan broadband service industry survey
for the state of Michigan regarding advertised speeds of at least 3
megabits per second downstream and 768 kilobits per second upstream
as of October 1, 2014.
