HOUSE BILL No. 4689 April 24, 1997, Introduced by Reps. Jaye, Llewellyn, Goschka, Gernaat, Kukuk, Whyman and Dobb and referred to the Committee on Tax Policy. A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and cities under 15,000 population; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equip- ment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the col- lection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the col- lection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal certain acts and parts of acts," by amending section 1 (MCL 41.801), as amended by 1989 PA 81. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. (1) The township board of a township, or the 2 township boards of adjoining townships acting jointly, whether or 3 not the townships are located in the same county, may purchase 02973'97 e FDD 2 1 police and fire motor vehicles, apparatus, equipment, and housing 2 and for that purpose may provide by resolution for the appropria- 3 tion of general or contingent funds.TheBEFORE JANUARY 1, 4 1997, THE appropriation for fire motor vehicles, apparatus, 5 equipment, and housing in a 1-year period shall not exceed 10 6 mills of the assessed valuation of the area in their respective 7 townships for which fire protection is to be furnished.The8 AFTER DECEMBER 31, 1996, THE APPROPRIATION FOR FIRE MOTOR VEHI- 9 CLES, APPARATUS, EQUIPMENT, AND HOUSING IN A 1-YEAR PERIOD SHALL 10 NOT EXCEED 10 MILLS OF THE TAXABLE VALUE OF THE AREA IN THEIR 11 RESPECTIVE TOWNSHIPS FOR WHICH FIRE PROTECTION IS TO BE 12 FURNISHED. BEFORE JANUARY 1, 1997, THE appropriation for police 13 motor vehicles, apparatus, equipment, and housing in a 1-year 14 period shall not exceed 10 mills of the assessed valuation of the 15 area in their respective townships for which police protection is 16 to be furnished. AFTER DECEMBER 31, 1996, THE APPROPRIATION FOR 17 POLICE MOTOR VEHICLES, APPARATUS, EQUIPMENT, AND HOUSING IN A 18 1-YEAR PERIOD SHALL NOT EXCEED 10 MILLS OF THE TAXABLE VALUE OF 19 THE AREA IN THEIR RESPECTIVE TOWNSHIPS FOR WHICH POLICE PROTEC- 20 TION IS TO BE FURNISHED. 21 (2) The township board of a township, or the township boards 22 of adjoining townships acting jointly, whether or not the town- 23 ships are located in the same county, may provide annually by 24 resolution for the appropriation of general or contingent funds 25 for maintenance and operation of police and fire departments. 26 (3) The township board, or the township boards of adjoining 27 townships acting jointly, may provide that the sums prescribed in 02973'97 e 3 1 subsection (2) for purchasing and housing equipment, for the 2 operation of the equipment, or both, may be defrayed by special 3 assessment on the lands and premises in the township or townships 4 to be benefited and may issue bonds in anticipation of the col- 5 lection of these special assessments. The question of raising 6 money by special assessment may be submitted to the electors of 7 the township or townships by the township board, or township 8 boards acting jointly, at a general election or special election 9 called for that purpose by the township board or township 10 boards. The question of raising money by special assessment 11 shall be submitted by the township board, or township boards 12 acting jointly, if in the affected township, or in each of the 13 affected townships, the owners of 10% of the land to be made into 14 a special assessment district petition the township board or 15 boards. 16 (4) If a special assessment district is proposed under sub- 17 section (3), the township board, or township boards acting joint- 18 ly, shall estimate the cost and expenses of the police and fire 19 motor vehicles, apparatus, equipment, and housing and police and 20 fire protection, and fix a day for a hearing on the estimate and 21 on the question of creating a special assessment district and 22 defraying the expenses of the special assessment district by spe- 23 cial assessment on the property to be especially benefited. The 24 hearing shall be a public meeting held in compliance with the 25 open meetings act,Act No. 267 of the Public Acts of 1976, being26sections 15.261 to 15.275 of the Michigan Compiled Laws1976 PA 27 267, MCL 15.261 TO 15.275. Public notice of the time, date, and 02973'97 e 4 1 place of the meeting shall be given in the manner required by 2Act No. 267 of the Public Acts of 1976THE OPEN MEETINGS ACT, 3 1976 PA 267, MCL 15.261 TO 15.275. In addition, the township 4 board, or township boards acting jointly, shall publish in a 5 newspaper of general circulation in the proposed district a 6 notice stating the time, place, and purpose of the meeting. If 7 there is not a newspaper of general circulation in the proposed 8 district,thennotices shall be posted in not less than 3 of 9 the most public places in the proposed district. This notice 10 shall be published or posted not less than 5 days before the 11 hearing. On the day appointed for the hearing, the township 12 board, or township boards acting jointly, shall be in session to 13 hear objectionswhichTHAT may be offered against the estimate 14 and the creation of the special assessment district.IfBEFORE 15 JANUARY 1, 1997, IF the township board, or township boards acting 16 jointly, determine to create a special assessment district, they 17 shall determine the boundaries by resolution, determine the 18 amount of the special assessment levy, and direct the supervisor 19 or supervisors to spread the assessment levy on all of the lands 20 and premises in the districtwhichTHAT are to be especially 21 benefited by the police and fire protection, according to bene- 22 fits received, to defray the expenses of police and fire 23 protection. AFTER DECEMBER 31, 1996, IF THE TOWNSHIP BOARD, OR 24 TOWNSHIP BOARDS ACTING JOINTLY, DETERMINE TO CREATE A SPECIAL 25 ASSESSMENT DISTRICT, THEY SHALL DETERMINE THE BOUNDARIES BY RESO- 26 LUTION, DETERMINE THE AMOUNT OF THE SPECIAL ASSESSMENT LEVY, AND 27 DIRECT THE SUPERVISOR OR SUPERVISORS TO SPREAD THE ASSESSMENT 02973'97 e 5 1 LEVY ON THE TAXABLE VALUE OF ALL OF THE LANDS AND PREMISES IN THE 2 DISTRICT THAT ARE TO BE ESPECIALLY BENEFITED BY THE POLICE AND 3 FIRE PROTECTION, ACCORDING TO BENEFITS RECEIVED, TO DEFRAY THE 4 EXPENSES OF POLICE AND FIRE PROTECTION. The township board, or 5 township boards acting jointly, shall hold a hearing on objec- 6 tions to the distribution of the special assessment levy. This 7 hearing shall be held in the same manner and withlikeTHE SAME 8 notice as provided in this section. The township board, or town- 9 ship boards acting jointly, shallthereafterannually determine 10 the amount to be assessed in the district for police and fire 11 protection, shall direct the supervisor or supervisors to dis- 12 tribute the special assessment levy, and shall hold a hearing on 13 the estimated costs and expenses of police and fire protection 14 and on the distribution of the levy. The assessment may be made 15 either in a special assessment roll or in a column provided in 16 the regular tax roll. The assessment shall be distributed and 17 shall become due and be collected at the same time as other town- 18 ship taxes are assessed, levied, and collected, and shall be 19 returned in the same manner for nonpayment. However, if the col- 20 lections received from the special assessment levied to defray 21 the cost or portion intended to be defrayed for police and fire 22 protection are, at any time, insufficient to meet the obligations 23 or expenses incurred for the maintenance and operation of the 24 police and fire departments, the township board of the township, 25 or township boards acting jointly, may, by resolution, authorize 26 the transfer or loan of sufficient money from the general fund of 27 the township or townships, to the special assessment police and 02973'97 e 6 1 fire department fund. This money shall be repaid to the general 2 fund of the township or townships out of special assessment funds 3 when collected. 4 (5) The powers granted by this act with respect to police 5 and fire protection may be exercised with respect to police pro- 6 tection alone, fire protection alone, or police and fire protec- 7 tion in combination. 8 (6) AS USED IN THIS SECTION, "TAXABLE VALUE" MEANS THAT 9 VALUE DETERMINED UNDER SECTION 27A OF THE GENERAL PROPERTY TAX 10 ACT, 1893 PA 206, MCL 211.27A. 02973'97 e Final page. FDD