January 30, 2007, Introduced by Reps. Rick Jones, Pearce, Hansen, Caswell, Rocca, Dean, Green, Gonzales, Sheltrown, LaJoy, Meekhof, Stahl, Mayes and Agema and referred to the Committee on Military and Veterans Affairs and Homeland Security.
A bill to amend 1967 PA 150, entitled
"Michigan military act,"
by amending sections 105, 113, and 283 (MCL 32.505, 32.513, and
32.683), section 105 as amended by 2002 PA 133.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 105. The definitions used in the command, administration,
supply, training, discipline, deployment, and employment of the
armed forces of the United States, unless clearly inapplicable or
contradictory, are adopted with respect to the state military
establishment except as otherwise provided in this act. As used in
this act:
(a) "Military" means a reference to all components of the
state military establishment.
(b) "Michigan national guard" means the army national guard
and the air national guard.
(c) "Commander-in-chief" means the governor of this state.
(d) "Active state service", as applied to the national guard
and the defense force, means military service in support of civil
authorities, at the request of local authorities, including, but
not limited to, support in the enforcement of laws prohibiting the
importation, sale, delivery, possession, or use of a controlled
substance, if ordered by the governor or as otherwise provided in
this act. As used in this section, "controlled substance" means
that term as defined in section 7104 of the public health code,
1978 PA 368, MCL 333.7104.
(e)
"Special "State
special duty" means military
service in
support of the full-time operation of the state military
establishment for a period of not less than 1 day if ordered by
competent authority.
(f) "Active service" means all forms of active state service,
duty under title 32 of the United States Code, and duty served
under the authority or command of the governor or his or her
designee, including active state service and state special duty.
required
by law, regulation, or pursuant to order of the governor.
Active service includes continuing service of an active member of
the national guard and the defense force in fulfilling that active
member's commission, appointment, or enlistment.
(g) "Inactive status" means the status of those members of the
national guard who are listed on an inactive list authorized by a
federal statute or regulation.
(h) "In the service of the United States" and "not in the
service of the United States" mean the same as those terms are used
and construed under federal laws and regulations.
(i) "Officer" means a commissioned officer and a warrant
officer, unless a distinction between commissioned officer and
warrant officer is clearly evident.
(j) "Martial law" or "martial rule" means the exercise of
partial or complete military control over domestic territory in
time of emergency because of public necessity.
(k) "Armory" means a building, facility, or the lots and
grounds used by an army, navy, or air unit of the organized militia
as a home station.
(l) "Military establishment" means the organized militia of
this state, including the employees and equipment assigned or
necessary to carry out the provisions of this act.
(m) "Vital resource" means a public or private building,
facility, property, or location that the governor considers
necessary to protect the public health, safety, and welfare of the
citizens of this state.
Sec. 113. Officers and enlisted personnel of the state
military establishment shall receive for each day spent by them on
active state service or state special duty under orders of the
governor, who is authorized to determine when to place them on such
duty,
the pay, and allowances, and health care coverage
provided
for persons of the federal military forces of like grade or rank
and years of service. Enlisted personnel so serving shall receive
$3.00
per day allowance in addition to the pay herein authorized in
this
section. There is hereby
appropriated each year from the
general
fund, the The sums necessary to implement the provisions of
this type active state service including logistic costs shall be
appropriated by the legislature each year from the general fund.
Sec. 283. While in active state service under orders of the
governor under the circumstances and conditions prescribed for the
national guard in this act, or in such status in the
administration, training, command and supply of the Michigan
defense force, the officers and enlisted men thereof shall receive
the
same pay, and allowances, and health care coverage
as are
prescribed for the national guard in like circumstances.