February 20, 2007, Introduced by Reps. Kathleen Law, Hopgood, Dean, Miller, Gonzales, Young and Leland and referred to the Committee on Military and Veterans Affairs and Homeland Security.
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), as amended by 2003 PA 290.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) Except as otherwise provided under subsection (2),
if an honorably discharged member of the armed forces of the United
States who served for a period of not less than 90 days of active
service, or who is discharged under honorable conditions after
serving less than 90 days of active service because of a service-
connected disability, during a period of time in which the United
States was at war or during the Vietnam conflict, or the spouse or
surviving spouse of a member of the armed forces of the United
States, dies possessed of an estate, both real and personal, not
exceeding the sum of $25,000.00, over and above all encumbrances
and was a resident of the state at the time of death and a resident
of the state for a period of 6 months before entering the service
or for a period of 3 years immediately before death, the county
board of commissioners or the board of county auditors, upon
application by the executor or administrator of the estate of the
deceased person, or by the person who incurred or advanced expenses
in connection with the burial of the honorably discharged member of
the armed forces, or the spouse of the honorably discharged member
of the armed forces, shall pay to the estate of the deceased
person, or to the person who incurred or advanced the burial
expense, the sum of $300.00. If the investigation provided for in
section 2 shows that the deceased did not leave a dependent
surviving, but did leave an estate sufficient to meet lawful
claims, including burial expenses, then the county board of
commissioners or the board of county auditors shall not pay the
expenses. The application shall be submitted within 2 years after
the date of death of the deceased person.
(2)
On the effective date of the amendatory act that added
this
subsection February 7, 2004, the estate limit provided for
under subsection (1) shall be $40,000.00. This subsection does not
apply to a county if the county board of commissioners passes a
resolution by majority vote that exempts the county from the
requirements of this subsection.
(3) If a county makes an election under subsection (2), the
county shall file a copy of the resolution with the department of
management and budget. The department of management and budget
shall report not less than annually to the legislature which
counties, if any, have made an election under subsection (2).
(4) On the effective date of the amendatory act that added
this subsection, the burial expense payment provided for in
subsection (1) shall be $5,000.00. This subsection does not apply
to a county if the county board of commissioners passes a
resolution by majority vote that exempts the county from the
requirements of this subsection.
(5) If a county makes an election under subsection (4), the
county shall file a copy of the resolution with the department of
management and budget. The department of management and budget
shall report no less than annually to the legislature which
counties, if any, have made an election under subsection (4).
(6) (4)
As used in this act, "service" includes service in the
armed forces of the United States in a place of emergency, as
described in section 1 of 1965 PA 190, MCL 35.61, when ordered to
do so by the government of the United States.
(7) (5)
As used in this section:
(a) "Estate" means the ownership of real or personal property
at the time of death, the title to which was held either in the
sole name of the decedent or by the entireties, tenancy in common,
or joint tenancy with the spouse, child, or parent of the decedent,
but does not include real property owned by the decedent as the
homestead of the decedent.
(b) "Homestead" means a dwelling or a unit in a multiple unit
dwelling and includes a mobile home or trailer coach.