HB-5335, As Passed House, April 26, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5335

February 10, 2016, Introduced by Reps. Glenn and Barrett and referred to the Committee on Military and Veterans Affairs.

 

     A bill to amend 1955 PA 8, entitled

 

"Korean veterans' military pay fund act of 1955,"

 

by amending section 2 (MCL 35.972).

 

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 June

 

27, 1950 , and December 31, 1953.

 

     (b) "Veteran" means each man or woman who served 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 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 this state of Michigan at the time of entering such


service or on June 27, 1950, and for at least 6 months immediately

 

prior thereto, to that date, and who has not applied for and

 

received similar payments from another state.

 

     (c) "Beneficiary" means, in relation to a deceased veteran,

 

the surviving husband or wife, child or children, or the surviving

 

mother, father, person standing in loco parentis, 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) an honorable discharge, or (2) in the case of

 

an officer, a certificate of service, or (3) in the case of a

 

veteran who has not been discharged, a certificate from appropriate

 

service authority that his service was honorable and faithful. Time

 

lost while absent without leave, in desertion, in confinement while

 

undergoing the sentence of a court martial or time lost while in a

 

non-duty status because of disease contracted through the veterans'

 

own misconduct shall not be construed as faithful service.

 

     (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 of the United States and

 

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 immediately prior to

 

entrance into military service, or June 27, 1950, and had prior to

 

or during such 6 months' period met 1 or more of the following:

 

     (A) (a) Registered for voting in the this state. of Michigan,

 

or

 

     (B) (b) Being Was an unemancipated minor , who shall not be

 

emancipated as defined in section 27 of chapter 2 of Act No. 146 of

 

the Public Acts of 1925, being section 402.27 of the Compiled Laws

 

of 1948, during such period of residence had and lived with a

 

parent or person standing in loco parentis who had acquired a

 

residence was a resident as set forth in sub-paragraphs (1), (2),

 

(3) (a), (3) (b) or (3) (c) of this subsection (i), or this

 

subparagraph or subparagraph (i) or (ii).

 

     (C) (c) 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 which

 

that have been rejected by the adjutant general because of

 

noncompliance with the foregoing requirement shall be eligible for


allowance despite such noncompliance if the applicant had not voted

 

in another state within 6 months prior to entering the service, or

 

June 27, 1950, and had resided in the this state of Michigan for at

 

least 6 months immediately prior to entrance into the armed forces

 

of the United States, or June 27, 1950. ; or

 

     (iv) (4) No information appearing on the discharge of the

 

veteran which 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 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.

 

     (v) (5) In all other cases than those outlined under sub-

 

paragraphs (1), (2) and (3) of this subsection (i) subparagraphs

 

(i), (ii), and (iii), complies with the residence requirements set

 

forth in former section 26 of article 10 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.