The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5538

August 10, 1979

TOWNSHIPS:

Authority to charge for fire protection service

A township board is authorized to impose and collect fees for fire protection services.

Honorable Mark D. Siljander

State Representative

The Capitol

Lansing, Michigan 48909

You have requested my opinion on the following questions:

1. May township fire departments charge fees to those receiving its fire protection services to fight fires?

2. May those receiving fire protection services refuse to pay such fees?

Townships have only those powers which are conferred by law. Hanslovsky v Township of Leland, 281 Mich 652; 275 NW 720 (1937).

OAG, 1973-1974, No 4768, p 23 (April 20, 1973), held that a township was without authority to charge for fire protection services pursuant to 1951 PA 33, MCLA 41.801 et seq; MSA 5.2640(1) et seq. The Legislature has since amended 1951 PA 33 supra, Sec. 1, by means of 1978 PA 101, to read in part:

'(1) The township board of a township, or adjoining townships acting jointly, whether or not the townships are located in the same county, may purchase fire extinguishing apparatus, equipment, and housing for the apparatus and equipment, and for that purpose may provide by resolution for the appropriation of general or contingent funds in an amount which in a 1-year period shall not exceed 10 mills of the assessed valuation of the area in the respective townships for which fire protection is to be furnished.

'(2) The township board of a township, or adjoining townships acting jointly, whether or not the townships are located in the same county, may also provide annually by resolution for the appropriation of general or contingent funds for maintenance and operation of a fire department, or for the providing of fire protection by contract.

'(3) The township board, or boards acting jointly, may provide that the sums prescribed in subsections (1) and (2) for purchasing and housing equipment, for the operation of the equipment, or contracting for protection may be defrayed by either or both of the following methods:

'(a) Collection of fees for services.

'(b) Special assessment on the lands and premises in the township or townships to be benefited thereby, and may issue bonds in anticipation of the collection of these special assessments.' [Emphasis added]

It is my opinion, therefore, that a township board is expressly authorized to pay for the cost of fire protection services by the imposition and collection of fees. OAG, 1973-1974, No 4768, supra, is no longer applicable because of the statutory change.

In your second question you inquire whether those receiving fire protection may refuse to pay fees charged for fire protection service. As 1951 PA 33, Sec. 1, supra, provides for the imposition of fire protection service fees by townships, it is my opinion that persons receiving fire protection services may not refuse to pay the fees.

Frank J. Kelley

Attorney General