February 10, 2016, Introduced by Reps. Rutledge, Barrett, Lucido and Kosowski and referred to the Committee on Military and Veterans Affairs.
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 190 180 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
190 180 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 or air national guard, or as a reserve for service in the
army, navy, air force, marine corps, or 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
180 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.
(c) "Combat veteran" means a veteran listed as missing in
action, or a veteran eligible to wear the Vietnam service medal or
the 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.
(C) If not registered to vote in this state, was not
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
unless Senate Bill No. ____ or House Bill No. 5332 (request no.
02698'15 *) of the 98th Legislature is enacted into law.