HomeMy WebLinkAboutResolutions - 2007.08.16 - 28365MISCELLANEOUS RESOLUTION #07189
vAg1)5 BY: Eileen Kowall, Commissioner, District #6, Michael J. Gingell, Commissioner, District #3 h
IN RE: OPPOSITION TO MICHIGAN HOUSE BILL 4852 AMENDING THE EMERENCY
TELEPHONE SERVICES ENABLING ACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the Michigan House of Representatives introduced House Bill 4852, which seeks to amend
Public Act 32 of 1986 entitled the "Emergency Telephone Service Enabling Act" by assessing a "Public
Safety Charge" on each communications device within the State of Michigan; and
WHEREAS, the revenue generated by the "Public Safety Charge" will pay for services already funded
by tax dollars in the State General Fund and other user fees; and
WHEREAS, House Bill 4852 was introduced in the Michigan House of Representatives and was referred
to the Appropriations Committee of the House of Representatives; and
WHEREAS, the "Public Safety Charge" will fund State of Michigan General Fund departments, programs
and services having direct and indirect relationships to public safety services, but no direct nexus to 9-1-
1 services or telephone communications services; and
WHEREAS, use of the revenue generated by the "Public Safety Charge" for State of Michigan General
Fund purposes and not directly for 9-1-1 services and telephone communication services could be
viewed as a tax increase in violation of the Michigan Constitution and Bolt v City of Lansing, 459 Mich
152 (1998); and
WHEREAS, the "Public Safety Charge" places an unfair burden on the populous counties, such as
Oakland, which contain the preponderance of telephone service customers but do not receive back an
equitable portion of the "Public Safety Charge"; and
WHEREAS, House Bill 4852 proposes to divide excessive revenues generated by the "Public Safety
Charge" among the various programs to be funded on a percentage basis, potentially causing such
programs to be over funded, without any mechanism for reducing the amount or changing other
accountability methods; and
WHEREAS, HB 4852 provides no 'level of effort' requirement that would ensure that the State of
Michigan General Fund expenditures covered by the "Public Safety Charge" would not be diminished in
future years, and
WHEREAS, the Oakland County Association of Chiefs of Police, the South East Michigan Association of
Fire Chiefs, Michael Bouchard, Oakland County Sheriff, L. Brooks Patterson, Oakland County Executive,
several regional Boards and Councils, and Michigan Sheriff's Association oppose House Bill 4852 as a
tax on Oakland County residents that could jeopardize future local public safety funding.
NOW THEREFORE BE IT RESOLVED, that the Oakland County Board of Commissioners strongly
opposes House Bill 4852.
BE IT FURTHER RESOLVED that copies of this resolution be transmitted to Governor Jennifer
Granholm, and all Senators and Representatives serving Oakland County.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
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Resolution #07189 August 16, 2007
Moved by KowaII supported by Burns to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #07189 — OPPOSITION TO MICHIGAN HOUSE BILL 4852 AMENDING THE
EMERGENCY TELEPHONE SERVICES ENABLING ACT.
Vote on motion to suspend the rules:
AYES: Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter,
Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas,
Gershenson. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #07189 — OPPOSITION TO MICHIGAN HOUSE BILL 4852
AMENDING THE EMERGENCY TELEPHONE SERVICES ENABLING ACT carried.
Moved by KowaII supported by Burns the resolution be adopted.
AYES: Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts,
Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas,
Gershenson, Gosselin. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on August 16, 2007,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 16th day of August, 2007.
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Rurh:Jotiain, tOunty Clerk