ADOPTED - JULY 24, 2001

Agenda Item No. 36

Introduced by the Law & Courts and Finance Committees of the:

RESOLUTION TO AUTHORIZE A HEADLEE AMENDMENT LAWSUIT CHALLENGE TO SEEK FUNDING FOR IMPLEMENTATION OF CONCEALED WEAPONS LEGISLATION

RESOLUTION #01-236

WHEREAS, the state concealed weapons legislation, which took effect on July 1, 2001, has greatly increased the level of service activity required by the Ingham County Concealed Weapons Licensing Board, the Prosecuting Attorney, the Sheriff and the County Clerk; and

WHEREAS, the State of Michigan has neither provided nor authorized funds to local units of government, and has sent this county a correspondence (attached) which states "Public Act 381 of 2000 does not authorize expenditures from the Concealed Weapons Enforcement Fund to be used for reimbursement to county gun boards for the cost of processing gun permit applications or for investigating applicants,"; and

WHEREAS, the Concealed Weapon Law requires that applicants be screened to ensure that they meet the lawful requirements of Public Act 381 of 2000; and

WHEREAS, the Licensing Board must properly execute the lawful requirements of Public Act 381, and failure to do so could endanger the public safety of Ingham County residents; and

WHEREAS, the Ingham County Concealed Weapon Licensing Board has determined that legal action may be necessary to ensure that the State of Michigan meets its funding responsibilities specified in Article 9, Section 29 of the State Constitution, commonly known as the "Headlee Amendment"; and

WHEREAS, representation may be available through the County Corporation Counsel; and

WHEREAS, other counties and the Michigan Association of Counties appear interested in supporting legal action seeking redress; and

THEREFORE BE IT RESOLVED, that the County Controller is authorized to expend funds not to exceed $20,000 for the purpose of securing representation, if outside representation is necessary.

BE IT FURTHER RESOLVED, that the County Controller is authorized to amend the 2002 budget in accordance with this resolution, and the County Attorney, County Clerk, Concealed Weapon Licensing Board and Controller are authorized to implement this resolution and shall attempt to work with the Michigan Association of Counties to share costs in any possible litigation.

LAW & COURTS: Yeas: Lynch, Krause, Schafer, Stid, De Leon, Dedden

Nays: Severino, Absent: None Approved 7/12/01

FINANCE: Yeas: Czarnecki, Hertel, Schafer, Swope, Lynch, Krause Nays: None

Absent: Minter Approved 7/18/01