Bill Text: MI SB1499 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Veterans; benefits; eligibility for certain veterans to use state-run veteran's homes; clarify. Amends sec. 11 of 1885 PA 152 (MCL 36.11).
Spectrum: Bipartisan Bill
Status: (Passed) 2010-12-29 - Assigned Pa 0341'10 With Immediate Effect [SB1499 Detail]
Download: Michigan-2009-SB1499-Engrossed.html
SB-1499, As Passed House, December 15, 2010
SENATE BILL No. 1499
September 16, 2010, Introduced by Senators ALLEN, PAPPAGEORGE, OLSHOVE and BASHAM and referred to the Committee on Committee of the Whole.
A bill to amend 1885 PA 152, entitled
"An act to authorize the establishment of facilities for former
members of the armed forces of the United States in the state of
Michigan; to create funds; and to provide for the promulgation of
rules,"
by amending section 11 (MCL 36.11), as amended by 1982 PA 391.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
11. (1) All members of the armed forces of the United
States
who have been honorably discharged from the armed forces of
the
United States who have served in the armed forces of the United
States
not less than 90 days in the war of the rebellion, in the
Mexican
war, the Indian wars, the Spanish-American war, the war in
the
Philippines, the first world war, the second world war, or any
other
war, campaign, or expedition in which the armed forces of the
United
States have been, are, or may be, participants, and who are
disabled
by disease, wounds, or otherwise, and who have no adequate
means
of support, and by reason of their disability are incapable
of
earning their living and who would be otherwise dependent upon
public
or private charity, shall be entitled to be admitted to a
facility,
subject to such rules as promulgated by the board of
managers
pursuant to Act No. 306 of the Public Acts of 1969, being
sections
24.201 to 24.315 of the Michigan Compiled Laws, to govern
the
admission of applicants to the facilities. Former members of
the
armed forces of the United
States, otherwise qualified,
who
served
less than 90 days and who were honorably discharged from
service,
and who, as a result of that service, acquired a service
connected
disability or disease, may be admitted. An applicant
shall
not be admitted to a facility unless he or she served in a
Michigan
regiment or has been accredited to this state or he or she
has
established residency in the state at the time of making his or
her
application for admission to the facility. A veteran of the
armed forces of the United States eligible for United States
department of veterans affairs' health care or financial assistance
for long-term nursing or day care may be admitted to a veterans'
facility in this state that is established under this act. Nothing
in this section prevents the board of managers from admitting to
membership in a facility any applicant otherwise qualified, but who
has adequate means of support and is not dependent upon public or
private charity, provided that the applicant, as a condition of
admission, pays to the board of managers in advance, or at those
times as may be fixed by the board of managers, for the use and
benefit of the state a sum for his or her support as the board of
managers determines to be proper. The board of managers shall
annually determine the per diem expense of maintenance of members
in the facilities and shall require any member who has adequate
means of support or sufficient property or income, to pay the board
of managers in full for the expenses of maintenance. All members in
the facilities shall be charged in the first instance with the
maintenance, which shall be collected either in whole or in part,
if the member has sufficient property or income, but otherwise the
board of managers may remit the per diem charge either in whole or
in part. The maintenance charges as determined by the board of
managers shall be paid to the adjutant of the facilities in advance
not later than the fifth day of each month. Failure to comply with
a condition shall be cause for dismissal from a facility.
(2) There is created a veterans' facilities operation fund in
the state treasury. Except as provided by subsection (3), money
received under this section and from the veterans' administration
in direct payment for services to members of the facilities
established under this act shall be turned over to the state
treasury and credited to the veterans' facilities operation fund.
Money in the veterans' facilities operation fund shall be expended
only for the operation of the facilities established under this
act.
(3) The board of managers of the facilities may make a
condition for admission to a facility that all applicants shall
assign to the board of managers any balance of money accumulated
while a member of the facility, or due to the applicant or on
deposit with any bank, trust company, corporation, or with any
individual, at the time of the death of the applicant. All such
sums shall first be expended to pay for all residual maintenance
costs attributable to the deceased individual and shall then be
paid to the wife, minor children, or dependent mother or father, in
the order named. If no such relative shall be found within a period
of 2 years, or if no claim for the sums has been made within a
period of 2 years, the balance of the money shall be paid into the
posthumous fund, which is hereby created by this subsection. The
posthumous
fund shall be expended as prescribed by Act No. 313 of
the
Public Acts of 1905, being section 36.61 of the Michigan
Compiled
Laws.1905 PA 313, MCL
36.61.
