HB-5549, As Passed Senate, June 8, 2016
April 13, 2016, Introduced by Rep. Howell and referred to the Committee on Military and Veterans Affairs.
A bill to amend 1946 (1st Ex Sess) PA 9, entitled
"An act to create the Michigan veterans' trust fund, and to define
who shall be eligible to receive assistance therefrom; to provide
for the disbursement of the income thereof and surplus therein; to
create a board of trustees, and to prescribe its powers and duties;
to provide for county and district committees, and their powers,
duties, and expenses; to prescribe penalties; and to make
appropriations to carry out the provisions of this act,"
by amending section 2 (MCL 35.602).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2. For the purposes of the administration of As used in
this
act, a Michigan "veteran" as defined by Act No. 190 of the
Public
Acts of l965, as amended, shall be deemed to be a person,
male
or female, whose means an
individual who meets all of the
following:
(a) Is a veteran as defined in section 1 of 1965 PA 190, MCL
35.61.
House Bill No. 5549 as amended April 28, 2016
(b)
Is a legal resident of this state or was a legal residence
resident
of this state immediately prior to entering
the service
was
in Michigan, who entered upon or was in active service in the
armed
forces of the United States, at any time for at least 180
days
from and after the date as defined by Act No. 190 of the
Public
Acts of 1965, as amended, being sections 35.61 and 35.62 of
the
Michigan Compiled Laws or Vietnam era, as determined for the
purposes
of administration of this act, whether by induction,
enlistment,
commission, warrant, or otherwise, and who has been
honorably
discharged, retired, or separated therefrom, or who has
reverted
to an inactive status therefrom under honorable
conditions.
However, former members of the women's auxiliary army
corps
who refused to accept transfer to or induction into the
women's
army corps shall not be deemed to be veterans within the
meaning
of this definition. A veteran who did not have legal
residence
in Michigan immediately prior to entering the military
service
may become eligible to benefits administered under this act
after
having established a legal residence in Michigan. A veteran
United States Armed Forces. However, an individual whose legal
residence
was in Michigan this state
prior to entering military
service
will lose his rights under this act by leaving this state
the United States Armed Forces does not meet the requirement of
this subdivision if he or she leaves this state for a period of
time
exceeding 2 years. A person
(c) He or she served in active service in the United States
Armed Forces during a period of war [ ] for
at least 180 days and was honorably discharged from the United
House Bill No. 5549 as amended April 28, 2016
States
Armed Forces. However, an individual who
shall have been
separated from the United States Armed Forces for reason of
physical or mental disability incurred in the line of duty prior to
the
completion of 180 days' service shall be considered a veteran
for
the purpose of the administration of this act. World War II
shall
be deemed to be that period from and after August 27, 1940,
to
the inclusive date of June 30, 1946. Grants made to eligible
Michigan
veterans between June 30, 1946, and the effective date of
this
act are declared valid. A person otherwise qualified with at
least
90 days of service during World War I, Spanish American War
or
Mexican Wars, as defined in Act No. 190 of the Public Acts of
1965,
as amended, shall be deemed a veteran for the purposes of
this act.is
considered to meet the requirement of this subdivision. [As
used in this subdivision, "period of war" means that phrase as described in 38 CFR 3.2, except that for purposes of this subdivision, "period of war" for the vietnam era means the following:
(i) February 28, 1961 through May 7, 1975 for a veteran who served during that period.
(ii) On or after January 31, 1955 in an area of hazardous duty for which the veteran received an armed forces expeditionary medal or Vietnam service medal.]
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 House Bill No. 5332 of the 98th Legislature is enacted into
law.