NAT'L GUARD:  ACTIVE STATE SERVICE                                                  H.B. 5106 (H-1):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5106 (Substitute H-1 as reported without amendment)

Sponsor:  Representative Tom Barrett

House Committee:  Military and Veterans Affairs

Senate Committee:  Veterans, Military Affairs and Homeland Security

CONTENT

The bill would amend the Michigan Military Act to do the following:

-- Authorize the Governor to order members of the National Guard into active State service for duties in support of the full-time operation of the Guard, but without police powers or arrest authority, under circumstances other than those for which the Governor currently may activate members of the organized militia.

-- Apply the Governor's current authority to activate troops to members of the National Guard, rather than members of the "organized militia".

-- Designate the Governor as the commander-in-chief of the Michigan National Guard, rather than of the organized militia.

The Act defines "Michigan National Guard" as the Army National Guard and the Air National Guard. The "organized militia" consists of the Army National Guard, the Air National Guard, and the "defense force" when actually in existence as provided in the Act.

The bill would take effect 90 days after enactment.

MCL 32.551                                                            Legislative Analyst:  Patrick Affholter

FISCAL IMPACT

The bill would have an indeterminate fiscal impact on the State, as its cost would depend entirely on the degree to which the additional allowance for activation of the National Guard would be invoked. In recent years, the Department of Military and Veterans Affairs' initial annual appropriation has included funding ($70,000 restricted) for Guard activation duties that would fall under the new, expanded purposes in the bill; specifically, the funding has been for the purpose of providing security at the annual Labor Day Mackinac Bridge Walk.

Costs for State activation of the Michigan National Guard can range from approximately $125 to $400 per day, plus other expenses, depending upon a Guard member's rank and years of service.

Date Completed:  9-20-16                                                     Fiscal Analyst:  Bruce Baker

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.