Bill Text: MI HB5263 | 2019-2020 | 100th Legislature | Chaptered
Bill Title: Communications: telecommunications; lifeline program; modify. Amends sec. 316 of 1991 PA 179 (MCL 484.2316).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-03-04 - Assigned Pa 34'20 With Immediate Effect [HB5263 Detail]
Download: Michigan-2019-HB5263-Chaptered.html
Act No. 34
Public Acts of 2020
Approved by the Governor
March 3, 2020
Filed with the Secretary of State
March 3, 2020
EFFECTIVE DATE: March 3, 2020
state of michigan
100th Legislature
Regular session of 2020
Introduced by Rep. Miller
ENROLLED HOUSE BILL No. 5263
AN ACT to amend 1991 PA 179, entitled “An act to regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 316 (MCL 484.2316), as amended by 2011 PA 58.
The People of the State of Michigan enact:
Sec. 316. (1) Except as provided under subsection (10), the commission shall require each provider of basic local exchange service to offer certain low-income customers the availability of basic local exchange service and access service at reduced rates as described in subsections (2) and (3).
(2) Except as provided under subsections (3) and (4), the rate reductions for low-income customers must be, at a minimum, 20% of the basic local exchange rate or $8.25, inclusive of any federal contribution, whichever is greater.
(3) Except as provided under subsection (4), if the low-income customer is 65 years of age or older, the rate reduction must be, at a minimum, 25% of the basic local exchange rate or $12.35, inclusive of any federal contribution, whichever is greater.
(4) The total reduction under subsection (2) or (3) must not exceed 100% of all end-user common line charges and the basic local exchange rate. The dollar amounts in subsections (2) and (3) must be adjusted annually to reflect any increases or decreases in the federal contribution.
(5) Until December 31, 2019, to qualify for the reduced rate under this section, an individual’s annual income must not exceed 150% of the federal poverty guidelines published annually in the Federal Register by the United States Department of Health and Human Services and as approved by the state treasurer, or the individual must participate in 1 of the following federal assistance programs:
(a) Medicaid.
(b) Food stamps.
(c) Supplemental security income.
(d) Federal public housing assistance.
(e) Low-income home energy assistance program.
(f) National school lunch program’s free lunch program.
(g) Temporary assistance for needy families.
(6) Beginning January 1, 2020, the criteria to qualify for the reduced rate under this section is the same criteria to qualify for the federal Lifeline program as set forth in 47 CFR 54.409.
(7) Beginning January 1, 2020, if an individual does not meet the qualifying criteria under subsection (6) and is no longer qualified to receive the reduced rate under this section, he or she may continue to receive the reduced rate if all of the following apply:
(a) The individual received the reduced rate under this section before January 1, 2020.
(b) The individual continues to meet the qualifying criteria under subsection (5).
(c) If the provider requires annual recertification, the individual recertifies with his or her provider annually.
(8) On request of a provider of basic local exchange service, the commission shall establish a rate for each subscriber line of that provider to allow the provider to recover costs incurred under this section. A rate established by the commission under this subsection may be assessed as a line item on an end-user’s bill.
(9) The commission shall take necessary action to notify the general public of the availability of lifeline services including, but not limited to, public service announcements, newspaper notices, and any other notice reasonably calculated to reach those who may benefit from the services.
(10) Beginning August 30, 2022, if a provider of basic local exchange service provides 90 days’ written notice to the commission and to all individuals receiving the reduced rate under this section, the provider may, beginning November 30, 2022, opt out of offering the reduced rate described under this section.
(11) If a provider opts out of offering the reduced rate described under this section, the provider is exempt from complying with a commission order requiring the provider to offer a reduced rate to low-income customers.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
