HB5106, As Passed House, Sep, 21, 2016HB-5106, As Passed Senate, September 21, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 5106

     A bill to amend 1967 PA 150, entitled

"Michigan military act,"

by amending section 151 (MCL 32.551), as amended by 2013 PA 99.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 151. (1) The governor is the commander-in-chief of the

organized militia. Michigan National Guard. He or she may order to

active state service any members of the organized militia Michigan

National Guard in case of riot, tumult, breach of the peace, or

resistance of process, or for service in aid of civil authority,

whether state or federal, or in time of actual or imminent public

danger, disaster, crisis, catastrophe, or other public emergency

within this state or to respond to acts or threats of terrorism or

to safeguard military or other vital resources of this state or of

the United States. If the governor and his or her legal successor

are absent , or disabled , or cannot be communicated with, the

adjutant general, if he or she believes the danger great and

imminent, may order out, in the name of the governor, such troops

of the organized militia Michigan National Guard as he or she

believes necessary to meet the emergency.

     (2) In circumstances other than those described in subsection

(1), the governor may order any member of the Michigan National

Guard to active state service for duties in support of the full-

time operation of the Michigan National Guard. However, a member of

the Michigan National Guard who is called to active service under

this subsection does not have any police powers or arrest

authority.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.