HB-6032, As Passed House, December 1, 2004
SUBSTITUTE FOR
HOUSE BILL NO. 6032
A bill to amend 1967 PA 150, entitled
"Michigan military act,"
by amending section 251 (MCL 32.651), as amended by 1988 PA 246.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 251. (1) When
the president calls or orders all or
2 part of the national
guard into federal service in time of a
3 national emergency or
when it appears that the national guard may
4 be called to federal
service, the The governor, as
5 commander-in-chief, may activate within the military
6 establishment such number of units to be known as the Michigan
7 emergency volunteers volunteer defense force, as the governor
8 considers necessary for adequate emergency assistance to the
9 state. When activated by proper authority, the Michigan
10 emergency volunteers volunteer defense force shall perform
11 only aid to civil
authority missions formerly
reserved for the
1 national guard as determined by the department of military and
2 veterans affairs in cooperation with the department of state
3 police and the state emergency preparedness plan. During times
4 other than a national emergency, organization of the Michigan
5 emergency volunteers volunteer defense force shall not exceed
6 15% of the Michigan national guard authorized strength.
7 (2) Not later
than 1 year after the effective date of the
8 amendatory act that
added this subsection, and each year
9 thereafter,the department
of military affairs shall report to the
10 standing committees of
the senate and house of representatives
11 that are responsible
for legislation concerning military affairs,
12 and the senate and
house appropriations committees as to the
13 proposed and actual
status of development of the Michigan
14 emergency volunteers.
The reports shall include all of the
15 following:
16 (a) Regulations or
proposed regulations to define and limit
17 the type and duration
of missions that may be undertaken by the
18 Michigan emergency
volunteers.
19 (b) Proposals for
meeting the training and equipment needs of
20 the Michigan emergency
volunteers in fulfilling the missions that
21 may be undertaken, and
a 3-year projection of the costs of that
22 training and
equipment.
23 (c) A description
of the requirements or proposed
24 requirements,
including physical ability, for membership in the
25 Michigan emergency
volunteers.
26 (d) Procedures
that are used or are proposed to be used to
27 screen membership in
the Michigan emergency volunteers as to
1 character and fitness,
including standards that will ensure that
2 no person with a
serious criminal record is a member.
3 (e) The plan
detailing methods and procedures for the
4 coordination of the
operations of the Michigan emergency
5 volunteers with the
state police, local law enforcement agencies,
6 and state and federal
disaster relief authorities.
7 (2) (3) A
list of former officers, warrant officers, and
8 enlisted personnel of the Michigan national guard shall be
9 maintained with their consent in the office of the adjutant
10 general to aid in forming
the Michigan emergency volunteers
11 volunteer defense force.
12 (3) (4) The
adjutant general may accept funding for the
13 Michigan emergency
volunteers volunteer defense force from
14 sources other than the state or federal government but shall
15 expend those funds only pursuant to an appropriations act. The
16 adjutant general shall
deposit such the funds in a special
17 account within the department of military and veterans affairs.
18 (4) (5) As
used in this act, a reference to the Michigan
19 defense force means the
Michigan emergency volunteers volunteer
20 defense force.
21 (5) (6) The
department shall establish affirmative action
22 guidelines for membership
goals in the Michigan emergency
23 volunteers volunteer defense force. The department shall
take
24 all steps necessary to carry out and implement those guidelines.
25 (6) (7) Members
of the Michigan emergency volunteers
26 volunteer defense force shall not be equipped with any type of
27 weapon except under the following conditions:
1 (a) The president has called or ordered all or part of the
2 national guard into federal service in time of a national
3 emergency and the mission
of the Michigan emergency volunteers
4 volunteer defense force to whom weapons are issued consists
5 primarily of the protection of public property.
6 (b) During training to be conducted by the national guard or
7 state police in the proper use of such weapons.
8 (7) Not later than 1 year after the effective date of the
9 amendatory act that added this subsection and each year
10 thereafter, the department of military and veterans affairs shall
11 report to the standing committees of the senate and house of
12 representatives that are responsible for legislation concerning
13 military affairs, and the senate and house appropriations
14 committees as to the proposed and actual status of development of
15 the Michigan volunteer defense force. The reports shall include
16 all of the following:
17 (a) Regulations or proposed regulations to define and limit
18 the type and duration of missions that may be undertaken by the
19 Michigan volunteer defense force.
20 (b) Proposals for meeting the training and equipment needs of
21 the Michigan volunteer defense force in fulfilling the missions
22 that may be undertaken, and a 3-year projection of the costs of
23 that training and equipment.
24 (c) A description of the requirements or proposed
25 requirements, including physical ability, for membership in the
26 Michigan volunteer defense force.
27 (d) Procedures that are used or are proposed to be used to
1 screen membership in the Michigan volunteer defense force as to
2 character and fitness, including standards that will ensure that
3 no person with a serious criminal record is a member.
4 (e) The plan detailing methods and procedures for the
5 coordination of the operations of the Michigan volunteer defense
6 force with the state police, local law enforcement agencies, and
7 state and federal disaster relief authorities.