HOUSE BILL No. 5376

February 16, 2016, Introduced by Reps. Glenn, Cole, Dianda, Barrett, Chatfield, Lucido, Hooker, Runestad, Kelly, Aaron Miller, Rutledge, Outman, LaFontaine, Brunner, Jenkins, Bumstead, Hughes, Talabi, Glardon, Franz, Cox, Rendon, Phelps, Theis, LaVoy, Kosowski and Santana and referred to the Committee on Military and Veterans Affairs.

 

     A bill to amend 1967 PA 150, entitled

 

"Michigan military act,"

 

by amending section 251 (MCL 32.651), as amended by 2008 PA 305,

 

and by adding section 338.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 251. (1) The governor, as commander-in-chief, may

 

activate within the military establishment such a number of units

 

to be known as the Michigan volunteer defense force, as the

 

governor considers necessary for adequate emergency assistance to

 

the state. When activated by proper authority, the Michigan

 

volunteer defense force shall perform missions 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 volunteer defense force shall not exceed 15% of the

 

Michigan national guard National Guard authorized strength.

 

     (2) A list of former officers, warrant officers, and enlisted

 

personnel of the Michigan national guard National Guard shall be

 

maintained with their consent in the office of the adjutant general

 

to aid in forming the Michigan volunteer defense force.

 

     (3) The adjutant general may accept funding for the Michigan

 

volunteer defense force from sources other than the state or

 

federal government but shall expend those funds only pursuant to

 

under an appropriations act. The adjutant general shall deposit the

 

funds in a special account within the department of military and

 

veterans affairs.

 

     (4) As used in this act, a reference to the Michigan defense

 

force means the Michigan volunteer defense force.

 

     (5) The department shall establish affirmative action

 

guidelines for membership goals in the Michigan volunteer defense

 

force. The department shall take all steps necessary to carry out

 

and implement those guidelines.

 

     (6) Members of the Michigan 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 National Guard into federal service in time of a

 

national emergency and the mission of the Michigan 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

 


National Guard or state police in the proper use of such weapons.

 

     (c) While stationed at an armory or military facility, subject

 

to section 338.

 

     (7) Not later than 1 year after the effective date of the

 

amendatory act that added this subsection December 18, 2009 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.

 

     Sec. 338. The adjutant general shall ensure that 1 member of

 

the active service stationed at each armory or military facility is

 

armed with a firearm for the purpose of protecting himself or

 

herself and others. The member of the active service who is armed

 

under this section shall be trained in the use of firearms to carry

 

out the purpose of this section.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.