SENATE BILL NO. 239
A bill to provide for payments to certain individuals who served in the Armed Forces of the United States, and to beneficiaries of those individuals; to prescribe the powers and duties of certain state governmental officers and entities; to provide for acceptance of financial and other assistance from the federal government; to create certain funds; and to make appropriations.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "Vietnam veteran era bonus extension act".
(a) "Beneficiary" means, in relation to a deceased veteran or a veteran listed as missing in action, a surviving spouse, a child, or a dependent surviving parent in the order named that may be determined by the probate court of the county of residence of the veteran at the time of death. A surviving parent of a veteran is eligible as a dependent of the veteran if that surviving parent had a reasonable expectation of support in whole or in part from the veteran and that expectation is stated in the application.
(b) "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.
(c) "Department" means the department of military and veterans affairs.
(d) "Director" means the director of the department of military and veterans affairs, who may be the adjutant general of this state.
(e) "Fund" means the Vietnam veteran era bonus extension fund created in section 5.
(f) "Honorable service" means military service evidenced by an honorable or general discharge, or separation under honorable conditions, subject to both of the following:
(i) For an individual who has not been discharged or separated, a certificate from the appropriate service authority that the individual did qualify as if the individual was being discharged or separated.
(ii) 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 individual's own misconduct is not honorable service.
(g) "Period of service" means that period of time between 12:02 a.m. on September 1, 1973 and 12:01 a.m. on May 7, 1975.
(h) "Resident" means an individual who has acquired a status as follows:
(i) Was born in and lived in this state until entering 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 entering into the Armed Forces of the United States.
(iii) Had resided within this state for not less than 6 months immediately before entering into military service or, while on active duty, was a resident of this state for not less than 6 months immediately before February 25, 1973, and had, before or during this 6 months' period, done 1 or more of the following:
(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 February 25, 1973.
(iv) Information appearing on the discharge documents of the veteran 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, does not necessarily mean that the veteran intended to abandon the veteran's residence in this state for purposes of this act.
(i) "Veteran" means 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 February 25, 1973, 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 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 days' active duty requirement does not apply to an individual 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 Department of Veterans Affairs.
Sec. 3. (1) The department shall pay a veteran who meets the requirements of this act 1 of the following service bonuses:
(a) For a combat veteran, $600.00.
(b) For a veteran who is not a combat veteran, $15.00 per month for each month or major portion of a month served, but not more than $450.00.
(2) An individual is not entitled to a bonus as both a veteran and a combat veteran.
(3) If a veteran or combat veteran is deceased, or is listed as missing in action, that veteran or combat veteran's beneficiary is entitled to receive the appropriate bonus described in subsection (1) and may apply to the department for that bonus.
(4) If a veteran is deceased from service-connected causes after payment of a bonus under this act, the beneficiary is entitled to receive the difference between the amount which had been received by the veteran and $450.00.
Sec. 4. (1) A veteran or a veteran's beneficiary entitled to payment must apply to the department on a form that may be prescribed by the department.
(2) If the veteran is incompetent, or the veteran's beneficiary is incompetent or a minor, the application must be made by a guardian.
(3) An application must be accompanied by a certified copy of discharge or by evidence of honest and faithful service during the period of service as prescribed by the director.
Sec. 5. (1) The Vietnam veteran era bonus extension fund is created in the state treasury.
(2) The state treasurer shall deposit money and other assets received from any source in the fund. The state treasurer shall direct the investment of money in the fund and credit interest and earnings from the investments to the fund.
(3) The department is the administrator of the fund for audits of the fund.
(4) The department shall expend money from the fund on appropriation, only for the purposes of administering this act and awarding bonuses under this act.
Sec. 6. (1) The expenses of administering this act must be paid from the general fund in accordance with the accounting laws of this state. For this purpose a sum of not more than $1,000,000.00 is appropriated from the general fund which must be released by the state administrative board on recommendation of the state budget director to the department as required to carry out the provisions of this act.
(2) Any necessary expense incurred by the department before the effective date of this act in preparation for the prompt payment of veterans' claims in administering the purposes of this act must be refunded to the department, out of the appropriation made in subsection (1), after an itemized claim is submitted to and approved by the state administrative board.
Sec. 7. The deadline for filing an application for benefits under this act is 5 years after the effective date of this act.
Sec. 8. If Congress adopts measures providing for financial aid or other assistance available to this state in the payment of the bonus under the provisions of this act, the state administrative board is authorized on behalf of the state to accept that financial or other assistance.