Bill Text: MI HB5199 | 2011-2012 | 96th Legislature | Introduced

---

Bill Title: Veterans; benefits; burial benefit for cold war veterans; provide at the discretion of county veterans board. Amends sec. 1 of 1911 PA 235 (MCL 35.801).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-12-07 - Printed Bill Filed 12/07/2011 [HB5199 Detail]

Download: Michigan-2011-HB5199-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5199

 

December 6, 2011, Introduced by Rep. Damrow and referred to the Committee on Military and Veterans Affairs and Homeland Security.

 

     A bill to amend 1911 PA 235, entitled

 

"An act to provide for the payment and reimbursement by counties,

in certain cases upon application therefor, of expenses incurred in

the burial of the bodies of honorably discharged members of the

armed forces of the United States, or their spouses, and to repeal

certain acts or parts of acts,"

 

by amending section 1 (MCL 35.801), as amended by 2003 PA 290.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) Except as otherwise provided under subsection (2),

 

subsections (2) and (4), if an honorably discharged member of the

 

armed forces of the United States who served for a period of not

 

less than 90 days of active service, or who is discharged under

 

honorable conditions after serving less than 90 days of active

 

service because of a service-connected disability, during a period

 

of time in which the United States was at war, or during the

 

Vietnam conflict, or during another period of service defined under

 

section 1 of 1965 PA 190, MCL 35.61, or the spouse or surviving

 

spouse of a member of the armed forces of the United States, dies

 

possessed of an estate, both real and personal, not exceeding the

 

sum of $25,000.00, over and above all encumbrances, and was a

 

resident of the state at the time of death and a resident of the

 

state for a period of 6 months before entering the service or for a

 

period of 3 years immediately before death, the county board of

 

commissioners or the board of county auditors of the county in

 

which the deceased person resided at the time of his or her death,

 

upon application by the executor or administrator of the estate of

 

the deceased person, or by the person who incurred or advanced

 

expenses in connection with the burial of the honorably discharged

 

member of the armed forces, or the spouse of the honorably

 

discharged member of the armed forces, shall pay to the estate of

 

the deceased person, or to the person who incurred or advanced the

 

burial expense, the sum of $300.00. If the investigation provided

 

for in section 2 shows that the deceased did not leave a dependent

 

surviving, but did leave an estate sufficient to meet lawful

 

claims, including burial expenses, then the county board of

 

commissioners or the board of county auditors shall not pay the

 

expenses. The application shall be submitted within 2 years after

 

the date of death of the deceased person.

 

     (2) On the effective date of the amendatory act that added

 

this subsection, Beginning February 7, 2004, the estate limit

 

provided for under subsection (1) shall be $40,000.00. This

 

subsection does not apply to a county if the county board of

 

commissioners passes a resolution by majority vote that exempts the

 

county from the requirements of this subsection.

 

     (3) If a county makes an election under subsection (2), the

 

county shall file a copy of the resolution with the department of

 

technology, management, and budget. The department of technology,

 

management, and budget shall report not less than annually to the

 

legislature which counties, if any, have made an election under

 

subsection (2).

 

     (4) For a deceased person described in subsection (1) for whom

 

the qualifying service was during the Cold War, as defined in

 

section 1 of 1965 PA 190, MCL 35.61, without any qualifying service

 

during another period defined in that section, the county board of

 

commissioners or the board of county auditors is not required to

 

pay the benefit described in subsection (1) unless the county or

 

district veterans committee established under section 6 of 1946

 

(1st Ex Sess) PA 9, MCL 35.606, determines that the benefit shall

 

be paid. A person who might be entitled to the benefit under

 

subsection (1) may apply to the county or district veterans

 

committee for the benefit. If the county or district veterans

 

committee determines that the economic circumstances described in

 

the application indicate that the benefit is necessary to avoid

 

economic hardship, the county or district veterans committee shall

 

notify the county board of commissioners or the board of county

 

auditors that the application for benefits has been approved and

 

the county board of commissioners or the board of county auditors

 

shall pay the benefit as described in subsection (1).

 

     (5) (4) As used in this act, "service" includes service in the

 

armed forces of the United States in a place of emergency, as

 

described during a period defined in section 1 of 1965 PA 190, MCL

 

35.61, when ordered to do so by the government of the United

 

States.

 

     (6) (5) As used in this section:

 

     (a) "Estate" means the ownership of real or personal property

 

at the time of death, the title to which was held either in the

 

sole name of the decedent or by the entireties, tenancy in common,

 

or joint tenancy with the spouse, child, or parent of the decedent,

 

but does not include real property owned by the decedent as the

 

homestead of the decedent.

 

     (b) "Homestead" means a dwelling or a unit in a multiple unit

 

dwelling and includes a mobile home or trailer coach.