February 10, 2016, Introduced by Reps. Glenn and Barrett and referred to the Committee on Military and Veterans Affairs.
A bill to amend 1955 PA 8, entitled
"Korean veterans' military pay fund act of 1955,"
by amending section 2 (MCL 35.972).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Period of service" means the period of time between June
27,
1950 , and
December 31, 1953.
(b)
"Veteran" means each man or woman who served 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 served honorably and faithfully for more than 60 days
in the military, naval, marine or coast guard forces of the United
States, at any time during the period of service, and who was a
resident
of the this state of Michigan at the time of entering
such
service or on June 27, 1950, and for at least 6 months immediately
prior
thereto, to that date, and who has not applied for and
received similar payments from another state.
(c) "Beneficiary" means, in relation to a deceased veteran,
the surviving husband or wife, child or children, or the surviving
mother, father, person standing in loco parentis, brothers and
sisters, 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 on petition of the adjutant general.
(d) "Honorable and faithful service" shall be such service as
is evidenced by (1) an honorable discharge, or (2) in the case of
an officer, a certificate of service, or (3) in the case of a
veteran who has not been discharged, a certificate from appropriate
service authority that his service was honorable and faithful. Time
lost while absent without leave, in desertion, in confinement while
undergoing the sentence of a court martial or time lost while in a
non-duty status because of disease contracted through the veterans'
own misconduct shall not be construed as faithful service.
(e) "Foreign service" means military service by a veteran
during the period of service anywhere outside of any state of the
United States and the District of Columbia.
(f) "Domestic service" means military service by a veteran
during the period of service in any state of the United States and
the District of Columbia.
(g)
"Adjutant general" means the adjutant general of the this
state. of
Michigan.
(h) "Board" means the state administrative board.
(i)
"Resident" means a person who has acquired a status as
follows:meets 1 or more of the following:
(i) (1)
Was born in and lived in the this state
of Michigan
until
entrance into the armed forces of the United States. ;
or
(ii) (2)
Was born in, but was temporarily
living outside the
of
this state, of
Michigan, not having abandoned residence therein
in this state prior to entrance into the armed forces of the United
States. ;
or
(iii) (3)
Was born elsewhere but had resided
within the this
state
of Michigan for at least 6 months immediately prior to
entrance into military service, or June 27, 1950, and had prior to
or during such 6 months' period met 1 or more of the following:
(A) (a)
Registered for voting in the this state. of
Michigan,
or
(B) (b)
Being Was an unemancipated minor , who shall not be
emancipated
as defined in section 27 of chapter 2 of Act No. 146 of
the
Public Acts of 1925, being section 402.27 of the Compiled Laws
of
1948, during such period of
residence had and lived with a
parent
or person standing in loco parentis who had acquired a
residence
was a resident as set forth in sub-paragraphs (1), (2),
(3)
(a), (3) (b) or (3) (c) of this subsection (i), or this
subparagraph or subparagraph (i) or (ii).
(C) (c)
If not registered for voting in the
this state, of
Michigan,
was not registered for voting in
another state. :
Provided,
That However, applications filed under this act which
that have been rejected by the adjutant general because of
noncompliance with the foregoing requirement shall be eligible for
allowance despite such noncompliance if the applicant had not voted
in another state within 6 months prior to entering the service, or
June
27, 1950, and had resided in the this state of Michigan for
at
least 6 months immediately prior to entrance into the armed forces
of
the United States, or June 27, 1950.
; or
(iv) (4)
No information appearing on the
discharge of the
veteran which shows "permanent address for mailing purposes",
"address from which employment will be sought", and "home address
at time of entry into service", in another state, shall necessarily
be
construed to mean that the veteran thereby intended to abandon
his
or her residence in the this state
of Michigan for the purpose
of this act.
(v) (5)
In all other cases than those
outlined under sub-
paragraphs
(1), (2) and (3) of this subsection (i) subparagraphs
(i), (ii), and (iii), complies with the residence requirements set
forth in former section 26 of article 10 of the state constitution
of 1908, in accordance with the rules and regulations of the board.
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.