June 8, 2006, Introduced by Reps. Espinoza, Clemente, McDowell, Bieda, Anderson, Byrnes, Sak, Gleason and Leland and referred to the Committee on Government Operations.
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:
Sec.
251. (1) When the president calls or orders all or part
of
the national guard into federal service in time of a national
emergency
or when it appears that the national guard may be called
to
federal service, the The
governor, as commander-in-chief, may
activate within the military establishment such number of units to
be
known as the Michigan emergency volunteers volunteer defense
force, as the governor considers necessary for adequate emergency
assistance to the state. When activated by proper authority, the
Michigan
emergency volunteers volunteer
defense force shall
perform
only aid to civil authority missions formerly reserved
for
the national guard as determined
by the department of military
and veterans affairs in cooperation with the department of state
police and the state emergency preparedness plan. During times
other
than a national emergency, organization of the Michigan
emergency
volunteers volunteer defense force shall not exceed 15%
of the Michigan national guard authorized strength.
(2)
Not later than 1 year after the effective date of the
amendatory
act that added this subsection, and each year
thereafter,the
department of military affairs shall report to the
standing
committees of the senate and house of representatives that
are
responsible for legislation concerning military affairs, and
the
senate and house appropriations committees as to the proposed
and
actual status of development of the Michigan emergency
volunteers.
The reports shall include all of the following:
(a)
Regulations or proposed regulations to define and limit
the
type and duration of missions that may be undertaken by the
Michigan
emergency volunteers.
(b)
Proposals for meeting the training and equipment needs of
the
Michigan emergency volunteers in fulfilling the missions that
may
be undertaken, and a 3-year projection of the costs of that
training
and equipment.
(c)
A description of the requirements or proposed
requirements,
including physical ability, for membership in the
Michigan
emergency volunteers.
(d)
Procedures that are used or are proposed to be used to
screen
membership in the Michigan emergency volunteers as to
character
and fitness, including standards that will ensure that no
person
with a serious criminal record is a member.
(e)
The plan detailing methods and procedures for the
coordination
of the operations of the Michigan emergency volunteers
with
the state police, local law enforcement agencies, and state
and
federal disaster relief authorities.
(2) (3)
A list of former officers, warrant
officers, and
enlisted personnel of the Michigan national guard shall be
maintained with their consent in the office of the adjutant general
to
aid in forming the Michigan emergency volunteers volunteer
defense force.
(3) (4)
The adjutant general may accept
funding for the
Michigan
emergency volunteers volunteer
defense force from
sources other than the state or federal government but shall expend
those funds only pursuant to an appropriations act. The adjutant
general
shall deposit such the funds in a special account within
the department of military and veterans affairs.
(4) (5)
As used in this act, a reference
to the Michigan
defense
force means the Michigan emergency volunteers volunteer
defense force.
(5) (6)
The department shall establish
affirmative action
guidelines
for membership goals in the Michigan emergency
volunteers
volunteer defense force. The
department shall take all
steps necessary to carry out and implement those guidelines.
(6) (7)
Members of the Michigan emergency
volunteers
volunteer defense force shall not be equipped with any type of
weapon except under the following conditions:
(a) The president has called or ordered all or part of the
national guard into federal service in time of a national emergency
and
the mission of the Michigan emergency volunteers volunteer
defense force to whom weapons are issued consists primarily of the
protection of public property.
(b) During training to be conducted by the national guard or
state police in the proper use of such weapons.
(7) Not later than 1 year after the effective date of the
amendatory act that added this subsection and each year thereafter,
the department of military and veterans affairs shall report to the
standing committees of the senate and house of representatives that
are responsible for legislation concerning military affairs, and
the senate and house appropriations committees as to the proposed
and actual status of development of the Michigan volunteer defense
force. The reports shall include all of the following:
(a) Regulations or proposed regulations to define and limit
the type and duration of missions that may be undertaken by the
Michigan volunteer defense force.
(b) Proposals for meeting the training and equipment needs of
the Michigan volunteer defense force in fulfilling the missions
that may be undertaken, and a 3-year projection of the costs of
that training and equipment.
(c) A description of the requirements or proposed
requirements, including physical ability, for membership in the
Michigan volunteer defense force.
(d) Procedures that are used or are proposed to be used to
screen membership in the Michigan volunteer defense force as to
character and fitness, including standards that will ensure that no
person with a serious criminal record is a member.
(e) The plan detailing methods and procedures for the
coordination of the operations of the Michigan volunteer defense
force with the state police, local law enforcement agencies, and
state and federal disaster relief authorities.