SB-0293,As Passed Senate,May 1, 2003SB 293 - Amendment No. 1

The Committee on Judiciary offered the following substitute:

March 26, 2003

    SUBSTITUTE FOR

    SENATE BILL NO. 293

(As amended April 30, 2003)                                                 

                                                                             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 section 3 (MCL 28.283), as amended by 1996 PA 538.              

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 3.  (1) The department of state police shall broadcast                 

2   all police dispatches and reports which have a reasonable                   

3   relation to or connection with the apprehension of criminals, the           

4   prevention of crime, or the maintenance of peace, order, and                

5   public safety in this state.                                                

6       (2)  The Subject to subsection (5), the director of the                    

7   department of state police  may authorize shall allow any <<local>>

8   governmental public safety agency to utilize the Michigan public            

9   safety communications system including attaching public safety              

Senate Bill No. 293 as amended April 30, 2003                               

1   communications equipment to towers constructed under this act.  <<The director of the department of state police may authorize any other governmental public safety agency to utilize the Michigan public safety communications system including attaching public safety communications equipment to towers constructed under this act.>>

2   (3) All costs associated with installing and maintaining                    

3   local governmental public safety agency equipment are the                   

4   responsibility of the local governmental public safety agency               

5   requesting permission.  Any damage from natural causes to the               

6   equipment installed by a local governmental public safety agency            

7   is the responsibility of that public safety agency.                         

8       (4) The director shall furnish to the local governmental                    

9   public safety agency requesting permission to attach equipment to           

10  a tower documentation necessary to perform structural, wind load,           

11  and radio frequency analysis of the tower.  The local                       

12  governmental public safety agency shall at its expense conduct a            

13  structural analysis and wind load analysis of the tower that                

14  includes any existing and proposed loads of antennas, cabling,              

15  and appurtenances, and shall perform a radio frequency                      

16  interference analysis of the local governmental public safety               

17  agency's proposed equipment with all other equipment on the tower           

18  on the date of the request for permission.                                  

19      (5) The director may deny permission to install or attach                   

20  local governmental public safety equipment to a tower constructed           

21  under this act only if the structural, wind load, or radio                  

22  frequency interference analysis determines that the installation            

23  or attachment will structurally impair the tower or harmfully               

24  interfere with the operation of the Michigan public safety                  

25   communications system.

<<   (6) For purposes of this section, local governmental public safety agency includes a Michigan Indian tribal police force that is part of an Indian tribe that has a valid gaming compact with the state of Michigan and is paying the state of Michigan 8% of its gross gaming proceeds.>>