Bill Text: MI SB1108 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Veterans; benefits; service bonus for certain Vietnam veterans; expand eligibility. Amends sec. 2 of 1974 PA 370 (MCL 35.1022).

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Introduced - Dead) 2014-10-02 - Referred To Committee On Appropriations [SB1108 Detail]

Download: Michigan-2013-SB1108-Introduced.html

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SENATE BILL No. 1108

 

 

October 2, 2014, Introduced by Senators GREGORY, ANDERSON, BIEDA, COLBECK, MARLEAU, KAHN, JOHNSON, HOOD, HOPGOOD and ANANICH and referred to the Committee on Appropriations.

 

 

 

     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.May

 

7, 1975.

 

     (b) "Veteran" means a person who 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 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 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 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.