House Bill 5237's Impact

The State of Michigan continues to make progress on a new telecommunications bill. On November 3, 2005, the State Senate approved House Bill 5237. The legislation will now go before the Governor for her approval.

House Bill 5237 preserves a municipality’s ability to pursue broadband initiatives. However, the bill does provide a new direction for Wireless Washtenaw’s governance structure. Previously, the project team had been pursing the creation of one of three governing entities to administer the Wireless Washtenaw contract – an advisory board, an authority, or not-for-profit. This new governing entity would have incorporated all the public stakeholders.

The language in House Bill 5237 states that “a public entity shall not establish a board or other entity for the purpose of providing regulation of a private provider of services.” Consequently, this legislation requires a single public entity to administer the contract and ensure that the terms of agreement are followed.

In light of this legislation, Washtenaw County will now initiate the agreements for the Wireless Washtenaw project on behalf of all the stakeholders. Although this is a minor change, the project team is committed to establishing a commission so that all of the participants have a voice in the direction of the project.

Please contact James McFarlane, project manager, at (734) 222-6587 if you have any questions regarding this development.

For a copy of the bill, please visit the Michigan Legislature website.