HOUSE BILL No. 4201


     February 13, 2001, Introduced by Reps. Schermesser, Bovin, O'Neil, Plakas, Wojno, Woodward, Jacobs, Anderson,
Lockwood, Richardville, Dennis, Rich Brown, Hale, Rivet, Gieleghem, Pestka, Spade and Sheltrown and referred to the Committee
on Veterans Affairs.


        A bill to amend 1911 PA 235, entitled

   "An act to provide for the payment and reimbursement by counties,
   in certain cases upon application therefor, of expenses incurred
   in the burial of the bodies of honorably discharged members of
   the armed forces of the United States, or their spouses, and to
   repeal certain acts or parts of acts,"

   by amending section 1 (MCL 35.801).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 1.  (1) If an honorably discharged member of the armed

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      forces of the United States who served for a period of not less

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      than 90 days of active service, or who is discharged under honor-

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      able conditions after serving less than 90 days of active service

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      because of a service-connected disability, during a period of

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      time in which the United States was at war or during the Vietnam

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      conflict, or the  wife  SPOUSE or  widow  SURVIVING SPOUSE
   of a

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      member of the armed forces of the United States, dies  not 

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      possessed of an estate, both real and personal, NOT exceeding the


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      sum of  $25,000.00  $30,000.00, over and above all encumbrances

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      and was a resident of  the  THIS state at the time of death and a

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      resident of  the  THIS state for a period of 6 months before

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      entering the service or for a period of 3 years immediately

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      before death, the county board of commissioners or the board of

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      county auditors, upon application by the executor or administra-

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      tor of the estate of the deceased person, or by the person who

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      incurred or advanced expenses in connection with the burial of

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      the honorably discharged member of the armed forces, or the

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      spouse of the honorably discharged member of the armed forces,

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      shall pay to the estate of the deceased person, or to the person

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      who incurred or advanced the burial expense, the sum of $300.00.

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      If the investigation provided for in section 2 shows that the

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      deceased did not leave a dependent surviving, but did leave an

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      estate sufficient to meet lawful claims, including burial

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      expenses, then the county board of commissioners or the board of

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      county auditors shall not pay the expenses.  The application

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      shall be submitted within 2 years after the date of death of the

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      deceased person.

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           (2) As used in this act, "service" includes  persons

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      serving  SERVICE in the armed forces of the United States in a

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      place of emergency when ordered to DO so  serve  by the govern-

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      ment of the United States  ,  as  defined  DESCRIBED in
   section 1

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      of  Act No.  190 of the Public Acts of 1965, as amended, being

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      section 35.61 of the Michigan Compiled Laws, including the

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      Vietnam conflict  1965 PA 190, MCL 35.61.





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           (3) As used in this section, "estate" means the ownership of

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      realty or personalty at the time of death, the title to which

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      property was held either in the sole name of the decedent or by

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      the entireties, tenancy in common, or joint tenancy with the

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      spouse, child, or parent of the decedent, but does not include

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      realty owned by the decedent as the homestead of the decedent.

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           (4) As used in this section, "homestead" means a dwelling or

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      A unit in a multiple unit dwelling and includes a mobile home or

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      trailer coach.






































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