Bill Text: MI HB4646 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Veterans; benefits; service bonus for certain Vietnam veterans; expand eligibility. Amends secs. 2, 7 & 11 of 1974 PA 370 (MCL 35.1022 et seq.).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-05-24 - Bill Electronically Reproduced 05/23/2017 [HB4646 Detail]

Download: Michigan-2017-HB4646-Introduced.html

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HOUSE BILL No. 4646

 

 

May 23, 2017, Introduced by Reps. Guerra, Lucido, Greig, Camilleri, Howrylak, Elder, Gay-Dagnogo, Wittenberg, Kelly, Barrett, LaFave, Bellino and Brann and referred to the Committee on Military and Veterans Affairs.

 

     A bill to amend 1974 PA 370, entitled

 

"Vietnam veteran era bonus act,"

 

by amending sections 2, 7, and 11 (MCL 35.1022, 35.1027, and

 

35.1031), section 2 as amended by 2016 PA 201 and section 11 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 includes both of the

 

following:

 

     (i) That period of time between 12:01 a.m., January 1, 1961,

 

and 12:01 a.m., September 1, 1973.

 

     (ii) That period of time between 12:01 a.m., September 1, 1973

 

and 12:01 a.m., May 7, 1975.

 

     (b) "Veteran" means 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 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 190 days' active duty requirement 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 during

 

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 except for 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

 

sustained or disease incurred contracted in the line of duty, as

 

verified by the veterans' veteran's 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 the veteran

 

became eligible 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 of a deceased veteran or veteran listed

 

as missing in action, subject to section 14(2), in the order named,

 

which the determination of which 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 is eligible as a dependent

 

of the veteran if that person the surviving parent 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 honorable service as

 

evidenced by either of the following:

 

     (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 qualified under subparagraph (i) as if the veteran was

 

being discharged or separated.

 

     (f) Time Honorable service excludes 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.

 

     (g) (f) "Adjutant general" means the adjutant general of this

 

state.

 

     (h) (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 that 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 does not

 

necessarily be construed to mean prove that the veteran intended to

 

abandon his or her residence in this state for purposes of this

 

act.

 

     Sec. 7. (1) Upon Except as otherwise provided in this

 

subsection, upon submission to the adjutant general of satisfactory

 

proof that the an applicant is entitled to payment under this act,

 

the adjutant general shall compute the amount of payment due the

 

applicant, make a record thereof, of that amount, and transmit the

 

claim for payment directly to the department of treasury for

 

payment. Payment shall must be made from the Vietnam veteran era

 

bonus fund. Payment to an applicant based on an application filed

 

under section 11(b) or (c) is subject to an appropriation of funds

 

for that payment. A claim for payment under this act shall is not

 

be assignable , or subject to garnishment, attachment, or levy of

 

execution.

 

     (2) If the proof as to of eligibility for payment submitted by

 

an applicant either with or as a part of the applicant's initial

 

application, or pursuant to upon a request of the adjutant general

 

after submission of the application, is not satisfactory to the

 

adjutant general, the adjutant general shall reject the claim.

 

     (3) Upon rejection of If a claim is rejected, the adjutant

 

general shall mail to the claimant a notice of the rejection. ; the

 

The notice shall inform the claimant of the claimant's right to

 

file with the adjutant general a request for appeal to the state

 

court of claims within 6 months after the mailing of the notice by

the adjutant general mails the notice.

 

     (4) The notice shall must also inform the claimant that a

 

failure to file a request for appeal to the court of claims within

 

the stipulated time this 6-month period shall render the

 

determination of the adjutant general final without any further

 

right of claimant to appeal. from same.

 

     (4) (5) The claimant shall have has 6 months from the mailing

 

by after the adjutant general of a mails the notice of rejection in

 

which to appeal to the court of claims. , and upon failure by If

 

the claimant fails to file with the adjutant general a request for

 

appeal to the court of claims within this 6 months' 6-month period,

 

the determination by the adjutant general in the claim shall be is

 

final.

 

     (5) (6) Upon the filing of the If a claimant files a request

 

for appeal to the court of claims, the adjutant general shall

 

immediately certify the entire record of the claim to the court of

 

claims and shall furnish to the court of claims any additional

 

information in , or which may thereafter come that comes into the

 

adjutant general's possession , or which may be that is requested

 

by the court of claims.

 

     (6) (7) Upon receipt of an order by the court of claims that a

 

claimant whose claim has been so certified as in this act provided

 

is entitled to payment, and upon the order becoming final, the

 

adjutant general shall pay the claim shall be paid in the same

 

manner as provided in this act.

 

     (7) (8) In each case in which If the court of claims enters

 

its order allowing or denying a claim, and upon the order becoming

final, the files and records on the for that claim shall must be

 

returned by the court of claims to the adjutant general. , to be

 

retained by the The adjutant general shall return the files and

 

records as permanent records.

 

     (8) (9) A person who filed a claim under this act and whose

 

claim was rejected by either the adjutant general or the court of

 

claims solely because of a discharge which that was less than

 

honorable , may file a reapplication for benefits if the discharge

 

which that caused the disqualification for benefits has

 

subsequently been upgraded to a discharge indicating honorable

 

service. The reapplication shall must be submitted and processed in

 

the same manner as an initial application.

 

     Sec. 11. An application for benefits under this act shall not

 

be filed or received, except Except for applications under section

 

5(2), after June 30, 1980.an application for a service bonus under

 

this act must be filed before the following dates:

 

     (a) For a veteran or combat veteran, July 1, 1980 if the

 

veteran or combat veteran met the requirements to receive a service

 

bonus under this act before July 1, 1980.

 

     (b) For a veteran or combat veteran, January 1, 2018 if the

 

veteran or combat veteran did not meet the requirements to receive

 

a service bonus under this act before July 1, 1980, but after the

 

effective date of the amendatory act that added section 2(a)(ii),

 

meets the requirements to receive a service bonus under this act.

 

     (c) For a veteran, January 1, 2018 if all of the following

 

conditions are met:

 

     (i) Before July 1, 1980, the veteran applied for and received

a service bonus under section 3(2) that was less than the maximum

 

amount of $450.00 because the number of months served was

 

originally calculated based on the period of service under section

 

2(a)(i).

 

     (ii) The veteran had completed additional months of service

 

during the period of service described under section 2(a)(ii) for

 

which the veteran did not receive a service bonus under section

 

3(2).

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.