June 22, 2004, Introduced by Reps. Pappageorge, Vander Veen, Ruth Johnson, Plakas, Sak, Nofs, Stakoe, Hager, Hart, Kooiman, Huizenga, Ehardt, Wenke, Stahl, DeRossett, Palmer, Casperson, Amos, DeRoche, Koetje, Brandenburg, Hoogendyk, Moolenaar, Mortimer, Pastor, Sheen, Farhat, Newell, Julian, Rivet, Adamini, Brown, Gillard, Sheltrown, Lipsey, Bieda, Shackleton, Gaffney and Condino and referred to the Committee on Veterans Affairs and Homeland Security.
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 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 homeland security volunteers, as the governor
8 considers necessary for adequate emergency assistance to the
9 state. When activated by proper authority, the Michigan
10 emergency homeland security volunteers shall perform
only aid
11 to civil authority missions formerly reserved for the national
1 guard as determined by the department of military affairs in
2 cooperation with the department of state police and the state
3 emergency preparedness plan. During times other than a national
4 emergency, organization
of the Michigan emergency homeland
5 security volunteers shall not exceed 15% of the Michigan national
6 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
20 of the Michigan
emergency volunteers in fulfilling the missions
21 that may be
undertaken, and a 3-year projection of the costs of
22 that 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 homeland
11 security volunteers.
12 (3) (4) The
adjutant general may accept funding for the
13 Michigan emergency homeland
security volunteers from sources
14 other than the state or federal government but shall expend those
15 funds only pursuant to an appropriations act. The adjutant
16 general shall deposit such funds in a special account within the
17 department of military affairs.
18 (4) (5) As
used in this act, a reference to the Michigan
19 defense force means the
Michigan emergency homeland security
20 volunteers.
21 (5) (6) The
department shall establish affirmative action
22 guidelines for membership
goals in the Michigan emergency
23 homeland security volunteers. The department shall take all
24 steps necessary to carry out and implement those guidelines.
25 (6) (7) Members
of the Michigan emergency homeland
26 security volunteers shall not be equipped with any type of weapon
27 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 homeland
4 security volunteers to whom weapons are issued consists primarily
5 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 affairs shall report to
11 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 homeland security volunteers. The reports shall
16 include 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 homeland security volunteers.
20 (b) Proposals for meeting the training and equipment needs
21 of the Michigan homeland security volunteers in fulfilling the
22 missions that may be undertaken, and a 3-year projection of the
23 costs of that training and equipment.
24 (c) A description of the requirements or proposed
25 requirements, including physical ability, for membership in the
26 Michigan homeland security volunteers.
27 (d) Procedures that are used or are proposed to be used to
1 screen membership in the Michigan homeland security volunteers as
2 to character and fitness, including standards that will ensure
3 that 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 homeland security
6 volunteers with the state police, local law enforcement agencies,
7 and state and federal disaster relief authorities.