HB-5022, As Passed Senate, December 18, 2003                                

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5022

                                                                             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                  

equipment; 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                 

collection 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 collection 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 12 (MCL 41.812), as added by 1989 PA 81.                

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 12.  (1)  In its discretion, the The township board                   

2   of a township having an organized police or fire department, or            

3   both,  may create a police administrative board, a fire                     

1   administrative board, or a police and fire administrative board.            

2   The board shall consist of 5 members, who shall be appointed by             

3   the township board for terms of 6 years each.   However, of Of

4   the members first appointed, 2 shall be appointed for terms                 

5   expiring on June 30 of the even numbered year following the                 

6   creation of the board, 2 shall be appointed for terms expiring on           

7   June 30 of the second year following the expiration of the terms            

8   of the first 2 members, and 1 member shall be appointed for a               

9   term expiring June 30 of the fourth year following the expiration           

10  of the terms of the first 2 members.  If a vacancy occurs, the              

11  township board shall appoint a person to fill the unexpired                 

12  term.                                                                       

13      (2) A member of the board shall not be a member of the police               

14  or fire department of the township.                                         

15  (3) The members of the board  shall serve without                           

16  compensation but may be compensated a per diem as determined by            

17  the township board and are entitled to actual and necessary                 

18  expenses approved by the township board incurred in the                     

19  performance of official duties.   The township board shall fill a           

20  vacancy for the unexpired term.

21  (4)  (2)  A police administrative board, a fire                             

22  administrative board, or a police and fire administrative board             

23  created under former  Act No. 57 of the Public Acts of 1951 1951           

24  PA 57 shall be continued under  and governed by  this act.                  

25  (5)  (3)  An administrative board created under this section                

26  shall prepare an annual police department budget or fire                    

27  department budget, or both, to be submitted to the township                 

1   board.  The budget shall be reviewed by the township board and              

2   may be amended or altered in any manner.  Upon adoption by the              

3   township board, the budget shall be the budget of the                       

4   administrative board for the ensuing fiscal year of the                     

5   township.                                                                   

6   (6) The administrative board created under this section shall               

7   have the powers and perform the functions that the township board           

8   in its discretion  delegates to the administrative board.                  

9   (7)  (4)  This section is supplemental to the other laws of                 

10  this state.