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.