HOUSE BILL No. 4860 June 3, 1997, Introduced by Reps. McBryde, Owen, DeHart, Bodem, Gernaat, Goschka, Hammerstrom, Oxender, Dalman, Horton, Raczkowski, Jelinek, Jellema, London, Richner, Bobier, DeVuyst, Jansen, Brackenridge, Law and Birkholz and referred to the Committee on Judiciary. A bill to amend 1967 PA 150, entitled "Michigan military act," by amending the title and sections 105, 159, and 179 (MCL 32.505, 32.559, and 32.579). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to provide for the militia of this state and its 3 organization, command, personnel, administration, training, 4 supply, discipline, DEPLOYMENT, employment, and retirement;,5 and to repealcertainacts and parts of acts. 6 Sec. 105. The definitions used in the command, administra- 7 tion, supply, training, discipline, DEPLOYMENT, and employment of 8 the armed forces of the United States, unless clearly 9 inapplicable or contradictory, are adopted with respect to the 01462'97 * JJG 2 1 state military establishment except as otherwise provided in this 2 act. As used in this act: 3 (a) "Military"refersMEANS A REFERENCE to all components 4 of the state military establishment. 5 (b) "Michigan national guard" means the army national guard 6 and the air national guard. 7 (c) "Commander-in-chief" means the governor oftheTHIS 8 state. 9 (d) "Active state service", as applied to the national guard 10 and the defense force, means military service in support of civil 11 authoritieswhen soINCLUDING, BUT NOT LIMITED TO, SUPPORT IN 12 THE ENFORCEMENT OF LAWS PROHIBITING THE IMPORTATION, SALE, DELIV- 13 ERY, POSSESSION, OR USE OF A CONTROLLED SUBSTANCE, IF ordered by 14 the governor or as otherwise provided in this act. AS USED IN 15 THIS SECTION, "CONTROLLED SUBSTANCE" MEANS THAT TERM AS DEFINED 16 IN SECTION 7104 OF THE PUBLIC HEALTH CODE, 1978 PA 368, 17 MCL 333.7104. 18 (e) "Special duty" means military service in support of the 19 full-time operation of the state military establishment for 20periodsA PERIOD ofat leastNOT LESS THAN 1 daywhen soIF 21 ordered by competent authority. 22 (f) "Active service" means service, including active state 23 service and special dutyas may berequired by law, regulation, 24 or pursuant to order of the governor., and also the continuing25obligations of active members of the national guard and the26defense force to serve by virtue of their commissions,27appointments or enlistments.ACTIVE SERVICE INCLUDES CONTINUING 01462'97 * 3 1 SERVICE OF AN ACTIVE MEMBER OF THE NATIONAL GUARD AND THE DEFENSE 2 FORCE IN FULFILLING THAT ACTIVE MEMBER'S COMMISSION, APPOINTMENT, 3 OR ENLISTMENT. 4 (g) "Inactive status"applies toMEANS THE STATUS OF those 5 members of the national guard who arecarried uponLISTED ON an 6 inactive listasauthorized by A federallawsSTATUTE or 7regulationsREGULATION. 8 (h) "In the service of the United States" and "not in the 9 service of the United States"meansMEAN the same as those 10 terms are used and construedin theUNDER federal laws and 11 regulations. 12 (i) "Officer" means a commissioned officer and a warrant 13 officer, unless a distinction between commissioned officer and 14 warrant officer is clearly evident. 15 (j) "Martial law" or "martial rule" means the exercise of 16 partial or complete military control over domestic territory in 17 time of emergency because of public necessity. 18 (k) "Armory" meansthe buildings, facilities,A BUILDING, 19 FACILITY, OR THE lots and grounds used by an army,navalNAVY, 20 or air unit of the organized militia as A home station. 21 (l) "Military establishment" means the organized militia of 22 this state, including the employees and equipment assigned or 23 necessary to carry out the provisions of this act. 24 Sec. 159. (1) The governor may enter intoagreementsAN 25 AGREEMENT with the governors of 1 OR MORE other statesunder26whichAUTHORIZING the military forces of this state, in time of 27 invasion, rebellion, public disaster, or catastrophe,mayOR TO 01462'97 * 4 1 ASSIST A STATE OR LOCAL LAW ENFORCEMENT AGENCY IN ENFORCING A LAW 2 PROHIBITING THE IMPORTATION, SALE, DELIVERY, POSSESSION, OR USE 3 OF A CONTROLLED SUBSTANCE AS THAT TERM IS DEFINED IN SECTION 7104 4 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7104, OR AS 5 DEFINED IN A SIMILAR LAW OF THE OTHER STATE, TO be employed 6 within the area of the other states for mutual assistance in the 7 public interest. 8 (2) A MEMBER OF THE NATIONAL GUARD FROM ANOTHER STATE PER- 9 FORMING SUPPORT DUTY TO A FEDERAL, STATE, OR LOCAL LAW ENFORCE- 10 MENT AGENCY IN THIS STATE HAS THE SAME IMMUNITY FROM LIABILITY 11 AND PROSECUTION AS DOES A MEMBER OF THE MICHIGAN NATIONAL GUARD 12 IN PERFORMING SUPPORT DUTY TO A FEDERAL, STATE, OR LOCAL LAW 13 ENFORCEMENT AGENCY. 14 (3) THE MICHIGAN NATIONAL GUARD IS A LAW ENFORCEMENT AGENCY 15 UNDER THIS ACT SOLELY FOR THE PURPOSE OF RECEIVING OR USING PROP- 16 ERTY OR MONEY FORFEITED UNDER SECTION 981(e)(2) OF TITLE 18 OF 17 THE UNITED STATES CODE, 18 U.S.C. 981, SECTION 616 OF PART V OF 18 TITLE IV OF THE TARIFF ACT OF 1930, CHAPTER 497, 98 STAT. 2987, 19 19 U.S.C. 1616a, AND SECTION 511(e)(1)(A) OF PART E OF THE CON- 20 TROLLED SUBSTANCES ACT, TITLE II OF THE COMPREHENSIVE DRUG ABUSE 21 PREVENTION AND CONTROL ACT OF 1970, PUBLIC LAW 91-513, 21 22 U.S.C. 881. 23 Sec. 179. (1)(a)No civilian person, except the gover- 24 nor, may command personnel of the state military establishment. 25 (2)(b) WheneverIF any portion of the organized militia 26 is called into active state service or into the service of the 27 United States to execute the laws, engage in disaster relief, 01462'97 * 5 1 suppress or prevent actual or threatened riot or insurrection, or 2 repel invasion,anyOR TO ENFORCE A LAW PROHIBITING THE IMPOR- 3 TATION, SALE, DELIVERY, POSSESSION, OR USE OF A CONTROLLED SUB- 4 STANCE AS THAT TERM IS DEFINED IN SECTION 7104 OF THE PUBLIC 5 HEALTH CODE, 1978 PA 368, MCL 333.7104, A commanding officer 6 shall use his OR HER own judgmentwith respect to the propriety7ofIN apprehending or dispersing anysnipersSNIPER,rioters8 RIOTER, A mob, or unlawful assembly.Such commanderTHAT COM- 9 MANDING OFFICER shall determine the amount and kind of force to 10 be used in preserving the peace and carrying out the orders of 11 the governor.HisTHAT COMMANDING OFFICER'S honest and reason- 12 able judgment under the circumstances then existing,in the13exercise ofEXERCISING his OR HER duty,shall beIS full pro- 14 tection, civilly and criminally, for any actor actsdone 15whilein THE line of duty.; and noA member of the organized 16 militia in active state service or in the service of the United 17 Statesshall beIS NOT liable civilly or criminally for any act 18or actsdone by him OR HER in the performance of his OR HER 19 duty. 20 (3)(c)A member of the organized militia in active state 21 service or in the service of the United States,whileIF acting 22 in aid of civil authorities and in THE line of dutyshall have23 HAS theimmunitiesIMMUNITY of a peace officer. 24 (4)(d)The attorney general of Michigan shall defend any 25 civil action or criminal prosecution brought inany court,A 26 state or federal COURT, againstanyA member of the organized 27 militia or his OR HER estate, arising fromanyAN act or 01462'97 * 6 1 omission alleged to have been committed while in active state 2 service or in the service of the United States. 01462'97 * Final page. 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