February 27, 2003, Introduced by Reps. Robertson, Caswell, Vander Veen, Voorhees and Pappageorge and referred to the Committee on Veterans Affairs and Homeland Security.
A bill to amend 1885 PA 152, entitled
"An act to authorize the establishment of facilities for former
members of the armed forces of the United States in the state of
Michigan; to create funds; and to provide for the promulgation of
rules,"
by amending section 11 (MCL 36.11), as amended by 1982 PA 391.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 11. (1) All members of the armed forces of the United
2 States who have been honorably discharged from the armed forces
3 of the United States who have served in the armed forces of the
4 United States not less than 90 days in the war of the rebellion,
5 in the Mexican war, the Indian wars, the
Spanish-American war,
6 the war in the Philippines, the first world war, the second world
7 war, or any other war, campaign, or expedition in which the armed
8 forces of the United States have been, are, or may be,
9 participants, or in a hostile fire environment for which a
10 campaign medal signifying service has been awarded, or are
1 reservists or national guardsmen with at least 20 years of
2 service, and who are disabled by disease, wounds, or otherwise,
3 and who have no adequate means of support, and by reason of their
4 disability are incapable of earning their living and who would be
5 otherwise dependent upon
public or private charity, shall be
6 are entitled to be
admitted to a facility, subject to such the
7 rules as promulgated
by the board of managers pursuant to Act
8 No. 306 of the Public
Acts of 1969, being sections 24.201 to
9 24.315 of the Michigan
Compiled Laws under the
administrative
10 procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to
11 govern the admission of applicants to the facilities. Former
12 members of the armed forces of the United States, otherwise
13 qualified, who served less than 90 days and who were honorably
14 discharged from service, and who, as a result of that service,
15 acquired a service connected disability or disease, may be
16 admitted. An applicant shall not be admitted to a facility
17 unless he or she served in a Michigan regiment or has been
18 accredited to this state or he or she has established residency
19 in the state at the time of
making his or her application he or
20 she applies for admission
to the facility. Nothing in this
21 section prevents the
22 (2) The board
of managers from admitting may admit to
23 membership in a facility any applicant otherwise qualified, but
24 who has adequate means of support and is not dependent upon
25 public or private charity, provided that the applicant, as a
26 condition of admission, pays to the board of managers in advance,
27 or at those times as may be fixed by the board of managers, for
1 the use and benefit of the state a sum for his or her support as
2 the board of managers determines to be proper.
3 (3) The board of managers shall annually determine the per
4 diem expense of maintenance of members in the facilities and
5 shall require any member who has adequate means of support or
6 sufficient property or income, to pay the board of managers in
7 full for the expenses of maintenance.
8 (4) All members in the facilities shall be charged in the
9 first instance with the maintenance, which shall be collected
10 either in whole or in part, if the member has sufficient property
11 or income, but otherwise the board of managers may remit the per
12 diem charge either in whole or in part. The maintenance charges
13 as determined by the board of managers shall be paid to the
14 adjutant of the facilities in advance not later than the fifth
15 day of each month. Failure to comply with a condition of
16 admission shall be cause for dismissal from a facility.
17 (5) (2) There
is created a veterans' facilities operation
18 fund in the state treasury. Except as provided by subsection
19 (3) (6), money received under this section and
from the
20 veterans' administration in direct payment for services to
21 members of the facilities established under this act shall be
22 turned over to the state treasury and credited to the veterans'
23 facilities operation fund. Money in the veterans' facilities
24 operation fund shall be expended only for the operation of the
25 facilities established under this act.
26 (6) (3) The
board of managers of the facilities may make a
27 condition for admission to a facility that all applicants shall
1 assign to the board of managers any balance of money accumulated
2 while a member of the facility, or due to the applicant or on
3 deposit with any bank, trust company, corporation, or with any
4 individual, at the time of the death of the applicant. All
5 such sums shall first be expended to pay for all residual
6 maintenance costs attributable to the deceased individual and
7 shall then be paid to the wife spouse,
minor children, or
8 dependent mother or
father, in the order named. If no such a
9 relative shall be is
not found within a period of 2 years, or
10 if no claim for the sums
has been made within a period of 2
11 years, the balance of the money shall be paid into the posthumous
12 fund, which is hereby created by this subsection. The posthumous
13 fund shall be expended as
prescribed by Act No. 313 of the
14 Public Acts of 1905,
being section 36.61 of the Michigan Compiled
15 Laws 1905 PA 313, MCL 36.61.