HB-5334, As Passed House, April 26, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 5334

A bill to amend 1974 PA 370, entitled

"Vietnam veteran era bonus act,"

by amending section 2 (MCL 35.1022), as amended by 1980 PA 194.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. As used in this act:

(a) "Period of service" means that period of time between

12:01 a.m., January 1, 1961, and 12:01 a.m., September 1, 1973.

(b) "Veteran" means ~~a person who completed~~ an individual who

meets both of the following:

(i) Is a veteran as defined in section 1 of 1965 PA 190, MCL

35.61.

(ii) Has completed not less than 190 days of honorable service

or is listed as missing in action or died during the period of

service from service-connected causes in the army, air, naval,

marine, or coast guard forces of the United States including the

auxiliary branches, was a resident of this state for not less than

6 months before entering the service or, while on active duty, was

a resident of this state for not less than 6 months immediately

before January 1, 1961, and has not applied for and received

similar benefits from another state for the same period of service.

The 190 days required active duty does not include a period when

assigned full time by the armed forces to a civilian institution

for a course substantially the same as a course offered to

civilians; or a period served as a cadet or midshipman at a service

academy, active duty for training in an enlistment in the ~~army~~ Army

or ~~air national guard,~~ Air National Guard, or as a reserve for

service in the ~~army, navy, air force, marine corps,~~ Army, Navy, Air

Force, Marine Corps, or ~~coast guard reserve,~~ Coast Guard Reserve,

with the exception of those military personnel who converted to

active duty immediately upon completion of the initial active duty

for training as evidenced by noninterruption in pay status from

that of initial active duty for training to that of active duty.

The 190 days' active duty requirement shall not apply to a person

who died or who received a medical discharge from active military

service due to injuries or disease incurred in the line of duty, as

verified by the veterans' records or by the ~~veterans'~~

~~administration.~~Veterans' Administration.

action, or a veteran eligible to wear the Vietnam ~~service medal~~

Service Medal or the ~~armed forces expeditionary medal~~ Armed Forces

Expeditionary Medal if eligibility for the award occurred during

the period of service.

(d) "Beneficiary", subject to section 14(2), means in relation

to a deceased veteran or a veteran listed as missing in action, the

surviving spouse, child or children, or the dependent surviving

mother or father in the order named which determination may be made

by the probate court of the county of residence of the veteran at

the time of death. A surviving parent of a veteran shall be

eligible as a dependent of the veteran if that person had a

reasonable expectation of support in whole or in part from the

veteran and that expectation is stated in the application.

(e) "Honorable service" means that service as evidenced by:

(i) Honorable or general discharge, or separation under

honorable conditions.

(ii) In the case of a person who has not been discharged, a

certificate from the appropriate service authority that a person

did qualify under subparagraph (i) as if the veteran was being

discharged or separated.

Time lost while absent without leave, in desertion, in

confinement while undergoing the sentence of a court-martial, or

time lost while in a nonduty status because of disease contracted

through the veteran's own misconduct shall not be construed as

honorable service.

(f) "Adjutant general" means the adjutant general of this

state.

(g) "Resident" means a person who has acquired a status as

follows:

(i) Was born in and lived in this state until entrance into

the armed forces of the United States.

(ii) Was born in, but was temporarily living outside this

state, not having abandoned residence in this state before entrance

into the armed forces of the United States.

(iii) Had resided within this state for at least 6 months

immediately before entrance into military service or, while on

active duty, was a resident of this state for not less than 6

months immediately before January 1, 1961, and had, before or

during this 6 months' period:

(A) Registered to vote in this state.

(B) Lived with a parent or person standing in loco parentis

who had acquired a residence as set forth in this subdivision,

while an unemancipated minor.

registered to vote in another state, or had not voted in another

state within 6 months before entering service or before January 1,

1961.

(iv) Information appearing on the discharge documents of the

veteran ~~which~~ that shows a permanent address for mailing purposes,

an address from which employment will be sought, or a home address

at time of entry into service in another state, shall not

necessarily be construed to mean that the veteran intended to

abandon his or her residence in this state for purposes of this

act.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect