Bill Text: MI HB5208 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Veterans: other; certain references in the veterans' military pay act; make gender neutral. Amends secs. 2, 4, 4a & 5 of 1947 PA 12 (MCL 35.922 et seq.). TIE BAR WITH: HJR J'21
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-07-14 - Bill Electronically Reproduced 07/01/2021 [HB5208 Detail]
Download: Michigan-2021-HB5208-Introduced.html
HOUSE BILL NO. 5208
A bill to amend 1947 PA 12, entitled
"Veterans' military pay act,"
by amending sections 2, 4, 4a, and 5 (MCL 35.922, 35.924, 35.924a, and 35.925), section 2 as amended by 2016 PA 200.
the people of the state of michigan enact:
(a) "Period of service" means the period of time between September 16, 1940 and June 30, 1946 and, for purposes of former section 25 of article X of the state constitution of 1908, also means the period of time between June 27, 1950 and the termination of the state of national emergency , which state of national emergency that was proclaimed on December 16, 1950.
(b) "Veteran" means an individual who meets all of the following:
(i) Is a veteran as that term is defined in section 1 of 1965 PA 190, MCL 35.61.
(ii) Provided honorable and faithful service for more than 60 days during his or her period of service.
(iii) Was a resident of this state at the time of entering service and for at least 6 months prior to that date.
(c) "Beneficiary" means, in relation to a deceased veteran, the surviving husband or wife, spouse, the child or children, or the surviving dependent mother, dependent father, parent, dependent person standing in loco parentis, or dependent brothers and sisters, in the order named, which determination the determination of which may be made by the probate court of the county of residence of the veteran at the time of death on petition of the adjutant general.
(d) "Honorable and faithful service" shall be such means service as is evidenced by 1 or more of the following:
(i) An honorable discharge.
(ii) In the case of an officer, a certificate of service.
(iii) In the case of a veteran who has not been discharged, a certificate from an appropriate service authority that his or her service was honorable and faithful.
(e) "Foreign service" means military service by a veteran during the period of service anywhere outside of any state of the United States and the District of Columbia.
(f) "Domestic service" means military service by a veteran during the period of service in 1 or more states of the United States or in the District of Columbia.
(g) "Adjutant general" means the adjutant general of this state.
(h) "Board" means the state administrative board.
(i) "Resident" means a person an individual who meets 1 or more of the following:
(i) Was born in and lived in this state until entrance into the armed forces Armed Forces of the United States.
(ii) Was born in but was temporarily living outside of this state, not having abandoned residence in this state prior to entrance into the armed forces Armed Forces of the United States.
(iii) Was born elsewhere but had resided within this state for at least 6 months prior to entrance into military service and had prior to or during such that 6 months' period met 1 or more of the following:
(A) Registered for voting in this state.
(B) Was an unemancipated minor during such the period of residence while living with a parent or person standing in loco parentis who was a resident as set forth in this subparagraph or subparagraph (i) or (ii).
(C) If not registered for voting in this state, was not registered for voting in another state. However, applications filed under this act prior to March 18, 1949 that have been rejected by the adjutant general because of noncompliance with the foregoing requirement this sub-subparagraph are eligible for allowance despite that noncompliance if the applicant had not voted in another state within 6 months prior to entering service and had resided in this state for at least 6 months prior to entrance into the armed forces Armed Forces of the United States. Information appearing on the discharge of the veteran that shows "permanent address for mailing purposes", "address from which employment will be sought", and "home address at time of entry into service", in another state, shall must not necessarily be construed to mean that the veteran intended to abandon his or her residence in this state for the purpose of this act.
(iv) In all other cases than those outlined under subparagraph (i), (ii), or (iii), complies with the residence requirements set forth in former section 23[a] of article X of the state constitution of 1908 in accordance with the rules and regulations of the board.
Sec. 4. There shall must be paid on application to the beneficiary of each a veteran heretofore formerly or hereafter in the future deceased from service connected causes arising during the period of service a sum equal to the difference between any payments received by the veteran or his or her beneficiary under section 3 and the sum of $500.00. In the event the veteran or his or her beneficiary has not received payment under section 3 the entire sum of $500.00 shall must be paid to the beneficiary.
Sec. 4a. There shall must be paid on application of the mother and father, parents, or the surviving parent, of each a veteran heretofore formerly or hereafter in the future deceased from service connected causes arising during the period of service a sum equal to the difference between any payments received by the veteran or his or her beneficiary under section 3 and the sum of $500.00. In the event the veteran or his or her beneficiary has not received payment under section 3, the entire sum of $500.00 shall must be paid to the mother and father, parents, or the surviving parent. Any person or persons claiming payment under this section shall must not be required to prove dependency. There is hereby appropriated from the general fund of the state the sum of $200,000.00, to be credited to the veterans' military pay fund, to pay benefits under the provisions of this section.
Sec. 5. Each A veteran or his or her beneficiary entitled to payment shall make application to the adjutant general upon such a form as may be prescribed by him: Provided, That the adjutant general if the veteran be is incompetent, or his or her beneficiary be is incompetent, or a minor application shall be is made by his or her guardian. Each An application shall must be accompanied by a certified copy of honorable discharge as defined described in section 2, or by such evidence of honest and faithful service during the period of service as shall be prescribed by said the adjutant general. Each An application shall must be subscribed and sworn to by the applicant before witnesses in such a manner as shall be prescribed by the adjutant general: Provided, That the general. The adjutant general shall provide by regulation for an endorsement on the evidence of service required in section 2d 2(d) that an application for payment has been made.
Enacting section 1. This amendatory act does not take effect unless Senate Joint Resolution ____ or House Joint Resolution ____ (request no. 02344'21) of the 101st Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.
