HB-4299, As Passed Senate, December 18, 2003                                

SUBSTITUTE FOR

HOUSE BILL NO. 4299

                                                                             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:

1       Sec. 1.  (1)  If Except as otherwise provided under                        

2   subsection (2), if an honorably discharged member of the armed              

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

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

5   honorable conditions after serving less than 90 days of active              

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

7   period of time in which the United States was at war or during              

8   the Vietnam conflict, or the  wife spouse or  widow surviving             

9   spouse of a member of the armed forces of the United States, dies           

1   not  possessed of an estate, both real and personal, not

2   exceeding the sum of $25,000.00, over and above all encumbrances            

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

4   resident of the state for a period of 6 months before entering              

5   the service or for a period of 3 years immediately before death,            

6   the county board of commissioners or the board of county                    

7   auditors, upon application by the executor or administrator of              

8   the estate of the deceased person, or by the person who incurred            

9   or advanced expenses in connection with the burial of the                   

10  honorably discharged member of the armed forces, or the spouse of           

11  the honorably discharged member of the armed forces, shall pay to           

12  the estate of the deceased person, or to the person who incurred            

13  or advanced the burial expense, the sum of $300.00.  If the                 

14  investigation provided for in section 2 shows that the deceased             

15  did not leave a dependent surviving, but did leave an estate                

16  sufficient to meet lawful claims, including burial expenses, then           

17  the county board of commissioners or the board of county auditors           

18  shall not pay the expenses.  The application shall be submitted             

19  within 2 years after the date of death of the deceased person.              

20  (2) On the effective date of the amendatory act that added                  

21  this subsection, the estate limit provided for under subsection             

22  (1) shall be $40,000.00.  This subsection does not apply to a               

23  county if the county board of commissioners passes a resolution             

24  by majority vote that exempts the county from the requirements of           

25  this subsection.

26  (3) If a county makes an election under subsection (2), the                 

27  county shall file a copy of the resolution with the department of           

1   management and budget.  The department of management and budget             

2   shall report not less than annually to the legislature which                

3   counties, if any, have made an election under subsection (2).

4   (4)  (2)  As used in this act, "service" includes  persons                  

5   serving service in the armed forces of the United States in a              

6   place of emergency,  when ordered to so serve by the government             

7   of the United States,  as  defined described in section 1 of               

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

9   section 35.61 of the Michigan Compiled Laws, including the                  

10  Vietnam conflict 1965 PA 190, MCL 35.61, when ordered to do so             

11  by the government of the United States.                                     

12  (5)  (3)  As used in this section:  , "estate"

13  (a) "Estate" means the ownership of  realty real or                        

14  personalty personal property at the time of death, the title to           

15  which  property  was held either in the sole name of the decedent           

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

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

18  include  realty real property owned by the decedent as the                 

19  homestead of the decedent.                                                  

20  (4) As used in this section, "homestead"

21  (b) "Homestead" means a dwelling or a unit in a multiple unit               

22  dwelling and includes a mobile home or trailer coach.                       

23      Enacting section 1.  This amendatory act takes effect 30                    

24  days after the date this amendatory act is enacted.