MICHIGAN MILITARY ACT (EXCERPT)
Act 150 of 1967
Chapter 4
STATE DEFENSE FORCE


32.651 Michigan volunteer defense force; conditions for activating; limitation on organization; list of former officers, warrant officers, and enlisted personnel; funding; reference to Michigan defense force; affirmative action guidelines; weapons; reports.

Sec. 251.

    (1) The governor, as commander-in-chief, may activate within the military establishment such 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 authorized strength.
    
    (2) 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 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 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 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 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.


History: 1967, Act 150, Imd. Eff. June 30, 1967 ;-- Am. 1988, Act 246, Imd. Eff. July 11, 1988 ;-- Am. 2008, Act 305, Imd. Eff. Dec. 18, 2008





32.655 State defense force and unorganized militia; determination of emergency.

Sec. 255.

     In case of war, or a national emergency, when the national guard may be in the military service of the United States, the defense force shall be ready and able to protect the state in case of insurrection, invasion, disaster or other emergency, actual or imminent. In such case the governor, as commander-in-chief, may use the defense force augmented if necessary by all or a part of the unorganized militia not responsive to the orders of the president for the time being. The determination of the governor that an emergency exists or is imminent is conclusive.


History: 1967, Act 150, Imd. Eff. June 30, 1967





32.659 Service or enlistment; duration.

Sec. 259.

     An officer shall agree to service the state for the duration of the emergency. An enlistee shall enlist in writing for the duration of the emergency or such time as regulations may direct.


History: 1967, Act 150, Imd. Eff. June 30, 1967





32.663 Oaths required of officers and enlisted personnel.

Sec. 263.

     Officers and enlisted personnel of the defense force shall take the oath prescribed by regulations.


History: 1967, Act 150, Imd. Eff. June 30, 1967





32.667 Oaths and affirmations; administration by commissioned officer.

Sec. 267.

     Commissioned officers of the defense force may administer oaths and affirmations in the discharge of any of the duties pertaining to their offices and in connection with the appointment of officers and the enlistment of men in the defense force.


History: 1967, Act 150, Imd. Eff. June 30, 1967





32.671 Officers and enlisted personnel; appointment, duties and authority; records.

Sec. 271.

     Officers and enlisted personnel of the defense force shall be appointed in the same manner, and with like duties, responsibilities and authority as prescribed by law and regulations governing the national guard, or as may be prescribed in special regulations promulgated for the national guard or the defense force. Orders evidencing the appointment, promotion or severance from the service of officers and enlisted men of the military establishment shall be issued through and recorded in the office of the adjutant general.


History: 1967, Act 150, Imd. Eff. June 30, 1967





32.675 Officers and enlisted personnel; qualifications for appointment and promotion; application of act.

Sec. 275.

     The qualifications of persons for appointment and promotion as officers and warrant officers of, and for enlistment in, the defense force shall be as prescribed by the governor, and without reference to qualifications prescribed for the national guard. Except as otherwise provided in this act, the provisions of this act and of regulations made in accordance with this act applying to the Michigan national guard with relation to aid of civil authorities and other emergency service; bonding of officers; military discipline; accounting and responsibility of officers for public funds and property; forms, returns and reports; surveys of property, issuance, care and security of military property; and all recognized military procedure, customs of the service and administration, shall also apply to and govern the defense force in like situations.


History: 1967, Act 150, Imd. Eff. June 30, 1967





32.679 Training and discipline regulations.

Sec. 279.

     Regulations for the training and discipline of the defense force shall be prescribed by order of the governor.


History: 1967, Act 150, Imd. Eff. June 30, 1967





32.683 Pay and allowances.

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 as are prescribed for the national guard in like circumstances.


History: 1967, Act 150, Imd. Eff. June 30, 1967





32.687 Michigan state troops; references.

Sec. 287.

     Reference to "Michigan state troops" in any law is construed as referring to the defense force.


History: 1967, Act 150, Imd. Eff. June 30, 1967




Rendered 10/9/2024 2:36 AM
Michigan Compiled Laws Complete Through PA 128 of 2024
Courtesy of legislature.mi.gov