HOUSE BILL NO. 6279

September 29, 2020, Introduced by Reps. Afendoulis, LaFave, Markkanen, Glenn, Howell, Rendon and Berman and referred to the Committee on Military, Veterans and Homeland Security.

"Michigan military act,"

by amending sections 105 and 182 (MCL 32.505 and 32.582), section 105 as amended by 2013 PA 99, and by adding section 185.

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 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) "Active service" means service, including active state service and special duty required by law or regulation, or under order of the governor. Active service includes continuing service of an active member of the Michigan National Guard and the defense force in fulfilling that active member's commission, appointment, or enlistment.

(b) "Active state service", as applied to the Michigan National Guard and the defense force, means military service in support of civil authorities, at the request of state or 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.

(c) "Armory" means a building, facility, or the lots and grounds used by an army or air unit of the Michigan National Guard or organized militia of this state as a home station or for military training.

(d) "Commander-in-chief" means the governor of this state.

(e) "Controlled substance" means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

(f) "Defense force" means the Michigan volunteer defense force described in section 251.

(g) "Department" means the department of military and veterans affairs.

(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) "Inactive status" means the status of those members of the Michigan National Guard who are listed on an inactive list authorized by a federal statute or regulation.

(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) "Michigan National Guard" means the Army National Guard and the Air National Guard as those terms are defined in 32 USC 101.

(l) (a) "Military" as the term refers to the state military establishment 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.

(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 state or 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.

(m) "Military establishment" or "state 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.

(n) "Officer" means a commissioned officer or a warrant officer, unless a distinction between commissioned officer and warrant officer is clearly evident.

(o) "Organized militia of this state" means the Michigan National Guard, the defense force, and any other military force organized under the laws of this state.

(p) (e) "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 service, including active state service and 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 national guard or organized militia as a home station or for military training.

(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.

(q) (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.

(n) "Controlled substance" means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

Sec. 182. (1) The governor as commander in chief, commander-in-chief may prescribe the award of medals and other suitable means of public recognition for distinguished service, longevity, acts of valor, or meritorious achievement. The awards may be made to members of the organized militia of this state or to other individuals, who are not members of the organized militia, who have rendered appropriate service to the military establishment. The adjutant general shall develop and publish rules to carry out this provision.subsection.

(2) In addition to the award of medals and other suitable means of public recognition prescribed by the governor under subsection (1), the department shall establish and operate a program to prescribe the award of medals and other suitable means of public recognition as described in sections 183, 184, and 185. The program shall be known as the "Michigan military department state awards program". The adjutant general shall develop and publish rules to carry out the program. Awards prescribed under the program must include, but are not limited to, the awards in sections 183, 184, and 185.

(3) The adjutant general shall receive award nominations submitted under the program and determine if the nominee meets the award requirements as established under the program. A nomination must provide in writing an account of the occurrence warranting the award and any eyewitness statement, extract from official records, sketch, map, diagram, or photograph that supports and amplifies the stated facts. The adjutant general shall seek out and record any additional information available.

(4) A nomination under subsection (3) may be submitted by the public.

(5) For an award under section 185, a member of the house of representatives or senate may submit an award recommendation to the adjutant general. For an award under section 183 or 184, a member of the house of representatives or senate may submit an award recommendation to the chairs of the house of representatives and senate committees that have responsibility for military and veterans affairs.

(6) Except as provided in sections 183 and 184, an award granted under the program must be granted by the adjutant general.

(7) The program must include a Michigan National Guard awards decorations program. Awards prescribed under that program must include, but are not limited to, all of the following:

(a) Michigan medal for valor.

(b) Michigan distinguished service medal.

(d) Michigan legion of merit.

(e) Michigan recruiting ribbon.

(f) Michigan honor guard ribbon.

(g) Michigan broadsword service medal.

(h) Michigan active state service ribbon.

(i) Michigan state war on terrorism ribbon.

(j) Michigan outside U.S. service ribbon.

(k) Michigan outside U.S. training ribbon.

(l) Michigan state partnership ribbon.

(8) The department shall provide on its website a webpage that provides information on the program. The information must include, but is not limited to, all of the following:

(a) A description of the program.

(b) A list of the individuals who have received awards under the program.

(c) A description of each of the medals and other means of public recognition that may be awarded under the program, including eligibility requirements.

(d) Instructions for submitting an award nomination, including requirements for supporting documentation.

(e) A method by which an award nomination may be submitted to the department directly from the webpage.

(9) As used in this section, "program" means the Michigan military department state awards program established under subsection (2).

Sec. 185. (1) Under the Michigan military department state awards program established in section 182(2), the adjutant general may award the following awards:

(a) Michigan purple heart medal. The Michigan purple heart medal is awarded to service members who, after September 11, 2001, were inducted into federal service from the Michigan National Guard and meet the criteria for an award of the federal purple heart medal.

(b) The Michigan patriots medal. The Michigan patriots medal is presented to the next of kin of each member of the state military establishment who is killed in armed conflict.

(c) Michigan superior service medal. The Michigan superior service medal is awarded to a service member of the state military establishment who has completed 30 or more years of honorable state service, or a combination of state and federal service, and has continually demonstrated superior performance and service while assigned to key leadership positions demanding responsibility, or a civilian who has contributed significant service to the state military establishment.

(d) Michigan distinguished service medal. The Michigan distinguished service medal is awarded to a member of the state military establishment, that of another state, or the Armed Forces of the United States for exceptionally outstanding achievement or service to this state in performance of a duty of great responsibility while serving with the state military establishment.

(e) Michigan outstanding service medal. The Michigan outstanding service medal is awarded to a service member of the state military establishment, that of another state, or the Armed Forces of the United States who has performed service in a superior and clearly outstanding manner.

(f) Michigan medal of merit. The Michigan medal of merit is awarded to a member of the state military establishment, that of another state, or the Armed Forces of the United States who performs outstanding service or attains extraordinary achievement on behalf of this state or the United States.

(g) Federal service medal. The federal service medal is awarded to a service member who was inducted into federal service from the state military establishment between June 15, 1940 and January 1, 1946, or on or after June 1, 1950, if the service was for a period of time greater than 90 days.

(h) Michigan cold war medal. The Michigan cold war medal is awarded to service members who entered military service between September 2, 1945 and December 26, 1991.

(i) Michigan desert shield/desert storm campaign medal. The Michigan desert shield/desert storm campaign medal is awarded to service members who were inducted into federal service from the Michigan National Guard on or after August 1, 1990, in support of Operation Desert Shield or Operation Desert Storm, without regard to the place where the service member was deployed while serving on active federal military duty.

(j) Michigan Iraqi campaign medal. The Michigan Iraqi campaign medal is awarded to service members who were inducted into federal service from the Michigan National Guard on or after March 19, 2003, in support of Operation Iraqi Freedom, or on or after August 31, 2010, in support of Operation New Dawn, without regard to the place where the service member was deployed while serving on active federal military duty.

(k) Michigan Afghanistan campaign medal. The Michigan Afghanistan campaign medal is awarded to service members who were inducted into federal service from the Michigan National Guard on or after October 6, 2001, in support of Operation Enduring Freedom, without regard to the place where the service member was deployed while serving on active federal military duty.

(l) Michigan humanitarian service medal. The Michigan humanitarian service medal is awarded to a service member who does not meet the criteria for an award of the federal humanitarian service medal, is a member of the state military establishment, and while serving on state active duty or active duty under state authority, in accordance with 32 USC 101 to 908, participates satisfactorily in defense support to a mission under civilian authority to protect life or property during or soon after a natural disaster or civil unrest in this state.

(m) Michigan emergency service medal. The Michigan emergency service medal is awarded to service members of the Michigan National Guard for honorable service to this state during a major tour of state emergency duty declared by the governor of this state or the President of the United States.

(n) Michigan homeland defense service medal. The Michigan homeland defense service medal is awarded to a service member of the state military establishment who served on or after September 11, 2001, on state active duty or active duty under state authority, in accordance with 32 USC 101 to 908, or served satisfactorily in defense support to a mission in this state under civilian authority.

(o) Michigan combat service ribbon. The Michigan combat service ribbon is awarded to a service member of the Michigan National Guard who served after September 11, 2001, in a hostile fire zone as designated by the United States Secretary of Defense.

(p) Michigan faithful service medal. The Michigan faithful service medal is awarded to a member of the state military establishment who has completed 5 years of honorable service during which the service member has shown fidelity to duty, efficient service, and great loyalty to this state.

(q) Michigan war on terrorism service medal. The Michigan war on terrorism service medal is presented to a member of the state military establishment or Armed Forces of the United States who has supported operations to counter terrorism, was deployed overseas in direct service to the war on terror, or has been attached to a unit based in Iraq or Syria and has flown missions over those countries or has served in contiguous waters for 30 consecutive days or 60 nonconsecutive days. Service members who were killed or were medically evacuated from those countries due to wounds or injuries immediately qualify for the award, as do members who engaged in combat. Service members awarded this medal must meet the requirements for 1 or more of the following federal awards:

(i) Global war on terrorism service medal.

(ii) Global war on terrorism expeditionary medal.

(iii) Inherent resolve campaign medal.

(r) Michigan military funeral honors ribbon. The Michigan military funeral honors ribbon is awarded to members of the state military establishment, or a veterans' organization, who have been trained and certified by the United States Department of Defense as Department of Defense funeral honors participants.

(s) Michigan governor's unit citation ribbon. The Michigan governor's unit citation ribbon is authorized for units or organizational detachments of the state military establishment for extraordinary valor or exceptionally meritorious conduct or achievement in the performance of outstanding combat operations, combat support, or service support operations or activities, for at least 90 continuous days in support of military operations while on active duty under 10 USC 101 to 18505 or 32 USC 101 to 908 within the continental United States or outside the continental United States.

(2) As used in this section:

(a) "Active duty" means full-time duty in the state military establishment, including active service as that term is defined in section 105, or full-time duty in the Armed Forces of the United States.

(b) "Active federal military duty" means active duty in the Armed Forces of the United States.

(d) "Armed Forces of the United States" means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components.

(e) "Army National Guard of the United States" means that term as defined in 32 USC 101.

(f) "Federal service" means military duty in the Armed Forces of the United States, including, without limitation, the Army National Guard of the United States and the Air National Guard of the United States, while subject to the uniform code of military justice, 10 USC 801 to 946a.

(g) "Service member" means a member of the state military establishment, that of another state, or the Armed Forces of the United States.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:

(a) Senate Bill No.____ or House Bill No. 6277 (request no. 04968'19).

(b) Senate Bill No.____ or House Bill No. 6278 (request no. 04969'19).