HB-5333, As Passed House, June 8, 2016HB-5333, As Passed Senate, June 8, 2016
February 10, 2016, Introduced by Reps. Maturen, Barrett, Kosowski and Lucido and referred to the Committee on Military and Veterans Affairs.
A bill to amend 1947 PA 12, entitled
"Veterans' military pay act,"
by amending section 2 (MCL 35.922).
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
September
16, 1940 , and
June 30, 1946 , and, for
purposes of
former
section 25 , of article
10 X of the state
constitution of
this
state, 1908, also means the period of time between June 27,
1950 , and the termination of the state of national
emergency,
which state of national emergency was proclaimed on December 16,
1950.
(b)
"Veteran" means each man or woman who 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 state of Michigan
at
the time of entering such service and for at least 6 months
prior
thereto, and who has not applied for or received similar
payments
from another state.an individual
who meets all of the
following:
(i) Is a veteran as defined in section 1 of 1965 PA 190, MCL
35.61.
(ii) Provided honorable and faithful service for more than 60
days during his or her period of service.
(iii) Was a resident of this state at the time of entering
service and for at least 6 months prior to that date.
(c) "Beneficiary" means, in relation to a deceased veteran,
the surviving husband or wife, the child or children, or the
surviving dependent mother, dependent father, dependent person
standing in loco parentis, or dependent 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 or more of the following:
(i) (1)
an An honorable discharge. , or
(ii) (2)
in In the case of an officer, a certificate of
service. ,
or
(iii) (3)
in In the case of a veteran who has not been
discharged, a certificate from appropriate service authority that
his or her service was honorable and faithful.
(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 1 or more states of the
United
States and or in 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 prior to entrance into
military service and had prior to or during such 6 months' period
met 1 or more of the following:
(A) (a)
registered Registered for voting in the this state. of
Michigan,
or
(B) (b)
being Was an unemancipated minor during such period of
residence
had lived while living with a parent or person standing
in
loco parentis who had acquired a residence was a resident as set
forth
in subparagraphs (1), (2), (3a), (3b) or (3c) of this
subsection
(i), orthis subparagraph or subparagraph
(i) or (ii).
(C) (c)
if 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 prior to
March
18, 1949 , which that
have been rejected by the adjutant
general
because of non-compliance noncompliance
with the foregoing
requirement
shall be are eligible for allowance despite such non-
compliance
that noncompliance if the applicant had not voted in
another
state within 6 months prior to entering service , and had
resided
in the this state of Michigan for at least 6 months prior
to
entrance into the armed forces of the United States. ;
or
(4)
No information Information appearing on the discharge of
the
veteran which that 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
not 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.
(iv) (5)
In all other cases than those
outlined under
subparagraphs
(1), (2) and (3) of this subsection (i) subparagraph
(i), (ii), or (iii), complies with the residence requirements set
forth
in former section 23 23[A] of article 10 X 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.