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Miscellaneous Michigan Acts

Contact:  paocmn@michigan.gov


 

Priviledge from Arrest

 

All officers, warrant officers, and enlisted personnel who are in the actual service of this state or the United States are privileged from arrest and imprisonment during the time of their actual service except for treason, felony, or breach of the peace. MCL 600.1825(3).

 

Privilege from arrest and imprisonment; exemption from levy of execution, seizure, or attachment; adjournment of pending law suits; forfeitures; seizure or sale of chattels; utilities. MCL 32.517.

 

Officers and enlisted personnel on active state service in excess of 7 days and when so ordered by the governor in support of civilian authority or in time or war or emergencies of this state or of the United States, in all cases, except for treason, felony or breach of the peace are privileged from arrest and imprisonment during the time of active state service and for a period of 6 months after the service ceases. Their separate property during the same period is exempt from levy of execution, seizure or attachment for debts contracted prior to or during such service. Suits in the courts of this state, pending against any such person when he enters active state service, or commenced at any time during the service, stand adjourned until after the termination of the service. Forfeiture of an executory contract, whether title retaining or otherwise, shall not be enforced against any such person, and seizure or sale of chattels shall not be made against such person, during service nor for 90 days after the termination of the service. The person or his immediate household shall not be deprived of or denied heat, water, electricity or gas service by any public utility serving his home during the first 90 days of military service by reason of unpaid bills for the commodities. Sec. 177, Act 150, Public Acts of 1967; Act 196 of 1966, (CL1970, 436.35.)

 

Intoxicating Beverages

 

The commanding general, Michigan National Guard is hereby authorized to publish by general order such regulations and restrictions as to the transportation, possession, sale and use of liquors of any alcoholic content in armories, air bases and naval installations owned or leased by the state or provided by the federal government by either lease, license or use permit and used by outside parties of a nonmilitary or state governmental nature and on the state military reservation during the field training periods of the Michigan National Guard, either in state or federal service, as shall in his opinion be for the best interest of the military service. Act 196 of the Public Acts of 1966; MCL 436.35.

 

Sec. 17. Stateowned lands; armories, air bases or naval installations; state fair lands ....No licenses shall be issued by the commission to sell alcoholic liquor, either on or off the premises, in such cases in which the property or establishment to be covered by the license is situated in or on any stateowned lands, except armories, air bases and naval installations owned or leased by the state or provided by the federal government by either lease, license or use permit and used by outside parties of a nonmilitary or state governmental nature and lands which were under lease to any person licensed in the calendar year 1954 and on which a licensed establishment is presently located...MCL 436.17.

 

Prohibited Discrimination Against Members of the State Militia

 

MCL 750.398. Depriving or obstructing employment of one because he is a member of state militia; dissuading from enlisting. Sec. 398. Any person who shall either by himself or another deprive a member of the organized militia of this state of employment or prevent, obstruct or annoy any such member of his employer in respect of such employment because such member is commissioned or enlisted in the organized militia of this state or because such person performs military duty under orders from competent authority; and any person who shall dissuade any other person from enlisting in the organized militia of this state by threats of injury, in case he shall enlist, in respect of his employment, trade or business, shall be guilty of a misdemeanor.

 

MCL 750.399. Discrimination by associations, etc., against a member of the state militia. Sec. 399. Any association or corporation constituted or organized for the purpose of promoting the success of any trade, employment or business of the members thereof any association whose membership is confined to persons of a particular race, which shall, by any constitution, rule, bylaw, regulation, vote or resolution discriminate against any member of the organized militia of this state in respect to the eligibility of the officer or soldier to membership in such association or corporation, or in respect to his right to retain his membership in such association or corporation, and any person who shall aid in enforcing any such provision against any officer or soldier of the organized militia of this state with intent to discriminate against such member on account of his membership, shall be guilty of a misdemeanor.

 

MCL 750.400. Molesting or abusing member of state militia because of such membership. Sec. 400. Any person who shall unlawfully molest, insult or abuse any member of the organized militia of this state while in the performance of military duty, or unlawfully molest, insult or abuse any such member because of his membership or on account of the performance of military duty while a member, shall be guilty of a misdemeanor.

 

Unauthorized Wearing of Military Uniform

 

MCL 750.401 Unauthorized wearing of army, navy or national guard uniform; exceptions. Sec. 401. Any person, other than an officer or enlisted man of the national guard of the state of Michigan, or of any other state, or of the United States army or navy, marine corps or revenue service or forest service, or instructor or student in a military school, or inmate of any veterans' or soldiers' home, who at any time wears the uniform of the United States army or navy or national guard, or any part of such uniform, or a uniform or part of a uniform similar thereto, within the bounds of the State of Michigan, shall be guilty of a misdemeanor: Provided, That nothing in this section shall be construed as prohibiting persons of the theatrical profession from wearing such uniform in any playhouse or theater while actually engaged in following said profession: Provided further, That nothing in this section shall be construed as prohibiting the uniform rank of civic societies parading or traveling in a body or assembling in a lodge room: Provided further, That whenever the national guard or any part thereof is in active service, or is called into actual service, no civic organization or member thereof shall parade or appear in uniform in the locality where said national guard is in service.

 

MCL 750.402 Certain societies parading under arms. Sec. 402. Any society whose membership is confined to members of a certain race, which has heretofore adopted a uniform similar to the uniform of the organized militia of this state, may continue to wear the same when appearing in public, but the governor of this state may by a proper order, in times of public tumult, direct that such societies shall not parade under arms, and if any society disobey such order, the persons so violating said order shall be guilty of a misdemeanor.

 

Act 372 of 1927 Appropriate Statutes with Regard to Carrying of Weapons

  • 28.432 Inapplicability of certain sections
  • 28.432a Peace officers and other officers; military servicemember; transportation as merchandise
  • 750.231 Concealed weapons; persons authorized to carry
  • 750.2316 Sale and safety inspection; persons exempt

 

Act 172 of 1913 Crawford County Land

  • 32.221 Authority of military board to accept certain lands for state
  • 32.223 Same; uses; abandonment; reversion to donors; removal of buildings and timber
  • 32.223a Same; lease of facilities for winter warfare training; rentals; use of premises; examination documents to Grayling Recreation Authority, termination of former leases
  • 32.224a Same; highways; authority of military board
  • 32.224b Lease with private group or organization; authorization
  • 32.224c Lake Margrethe; fishing
  • 32.225 Same; title to land, examination, certification
  • 32.226 Military lands; payment from legislative appropriations in lieu of taxes

 

Act 287 of 1919 Hanson Military Reservation

  • 32.231 Hanson military reservation; recreational uses; control
  • 32.233 Same; fresh air camps; erection of buildings, etc.
  • 32.234 Same; water and lights furnished by state
  • 32.235 Same; expense of camps; state may furnish tentage, etc.

 

Act 28 of 1934 Hanson Military Reservation

  • 32.241 Hanson military reservation, transfer of lands, hunting, oil and mineral rights

 

Public Act 192 of 1976 Acceptance of Land in Crawford County 

 

Act 140 of 1953 Increase Efficiency

  • 32.261 Enlisted men; reimbursement for personal expenses; per diem
  • 32.262 Act repealed

 

Act 133 of 1955 Granting Military Leaves and Reemployment Rights

  • 32.271 Members of military or naval forces; discrimination against prohibited
  • 32.272 Same; employment relations
  • 32.273 Same; leave of absence from employment, reinstatement
  • 32.274 Violation, penalty

 

Act 263 of 1951 Rights of Public Employees who Entered Armed Forces 

  • 35.351 Definitions
  • 35.352 Public employee leaving position to perform military duty
  • 35.353 Same; not to be discharged without cause
  • 35.354 Leave of absence to enter military service
  • 35.355 Enforcement of act
  • 35.356 Inapplicability of inconsistent laws

 

Act 145 of 1943 Reemployment of Teachers Discharged from Military Service

  • 388.421 Right to reenlistment after discharge from military service
  • 388.422 Resumption of status and benefits rights; discharge from

 

Act 328 of 1931, Penal Code, Military 

  • 750.398 Depriving or obstructing employment
  • 750.399 Discrimination by associations
  • 750.400 Molesting or abusing member
  • 750.401 Unauthorized wearing of military uniforms
  • 750.402 Certain societies parading under arms
  • 750.403 Desertion from military service
  • 750.404 Desertion after having been sworn into service
  • 750.405 Inciting soldiers to desert
  • 750.406 Larceny, embezzlement or destruction of military stores
  • 750.407 Resisting and inciting resistance to military draft
  • 750.408 Concealing or harboring deserters

 

Constitution of the State of Michigan 1963

  • Preamble
  • Article 1 Declaration of rights
  • Sec. 6 Bearing of arms
  • Sec. 7 Military power subordinate to civil power
  • Sec. 8 Quartering of soldiers
  • Article 3 General government
  • Sec. 4 Militia
  • Article 5 Executive branch
  • Sec. 12 Military powers

 

Act 270 of 1939 National Emergency, Duties of the Adjutant General

  • 32.101 Adjutant General, national emergency
  • 32.102 Same, preparation of plan in time of peace; approval; effect

 

Act 302 of 1945 Governor's Emergency Powers

  • 3.4(1) Governor's Emergency Powers
  • 3.4(2) Legislative intent; construction of act
  • 3.4(3) Penalty
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