Bill Text: MI HB5251 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Veterans; benefits; veterans burial expenses; clarify and revise. Amends sec. 1 of 1911 PA 235 (MCL 35.801).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-24 - Printed Bill Filed 01/20/2012 [HB5251 Detail]

Download: Michigan-2011-HB5251-Introduced.html

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HOUSE BILL No. 5251

 

 

January 19, 2012, 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),

 

if an honorably discharged member of the armed forces of the United

 

States who served for a period of not less than 90 180 days of

 

active federal military service, or who is discharged under

 

honorable conditions after serving less than 90 180 days of active

 

federal military 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 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 this state at the time of death and a resident of the this

 

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 6

 

months after the date of death of the deceased person.

 

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

 

this subsection, 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

 

management and budget. The department of management and budget

 

shall report not less than annually to the legislature which

 

counties, if any, have made an election under subsection (2).

 

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

 

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

 

described in section 1 of 1965 PA 190, MCL 35.61, when ordered to

 

do so by the government of the United States.

 

     (2) 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 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).

 

     (3) (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.