June 7, 2005, Introduced by Reps. Farhat, Garfield, Caul, Pavlov, Moore and Mortimer and referred to the Committee on Veterans Affairs and Homeland Security.
A bill to amend 1899 PA 214, entitled
"An act to provide relief outside of the soldiers' home for
honorably discharged indigent soldiers, sailors, marines, nurses
and members of women's auxiliaries and the indigent wives, widows
and minor children of such indigent or deceased soldiers, sailors,
marines, nurses and members of women's auxiliaries, and to repeal
certain acts and parts of acts,"
by amending the title and sections 1, 2, 3, 4, 5, and 7 (MCL 35.21,
35.22, 35.23, 35.24, 35.25, and 35.27), section 1 as amended by
1984 PA 168; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to provide relief assistance outside of the soldiers'
home
for honorably discharged indigent soldiers, sailors,
marines, nurses, and members of women's auxiliaries and the
indigent
wives spouses, widows, and minor children of such
indigent or deceased soldiers, sailors, marines, nurses, and
members
of women's auxiliaries; , and to repeal certain acts
and parts of acts.
Sec. 1. (1) The county board of commissioners of each county
shall
annually levy , a tax not exceeding 1/10 of a mill on each
dollar
, to be levied and collected as provided by law, upon the
taxable property of each township and city, for their respective
counties,
for the purpose of creating a
veterans' relief fund. for
the
relief of honorably discharged indigent members of the army,
navy,
air force, marine corps, coast guard, and women's auxiliaries
of
all wars or military expeditions in which the United States of
America
has been, is, or may hereafter be, a participant as
prescribed
in section 1 of Act No. 190 of the Public Acts of 1965,
being
section 35.61 of the Michigan Compiled Laws, and the indigent
spouses,
minor children, and parents of each such indigent or
deceased
member. Funds raised in accordance with the provisions of
this
section may be expended for the relief of indigent wives and
children
of active duty soldiers, sailors, marines, airmen, coast
guardsmen,
nurses, and members of the women's auxiliaries during
the
continuance of present hostilities and prior to their
discharge.
However, in any year which, in the opinion of the board,
an
emergency justifying the same exists, the board may appropriate
a
sum not to exceed 2/10 of a mill on each dollar for said purpose.
The
sums, when collected, shall be paid to the county treasurer of
the
county where such tax is levied in each of the counties in this
state,
to be paid out by the treasurer upon the order of the
soldiers'
relief commission duly signed by the chairperson and
secretary
of the commission. If any money in the fund is not
necessary
for the purpose for which it was raised, the money shall
remain
in the treasury of the county as a soldiers' relief fund,
and
shall be considered in raising future sums therefor.
(2) The veterans' relief fund shall be expended for the
assistance of wartime veterans who were discharged under conditions
other than dishonorable and for the assistance of the indigent
spouses, minor children, and parents of every deceased member of
the United States armed forces. The fund shall first be expended
for 1 or more of the following purposes:
(a) The provision of financial assistance for fund
beneficiaries.
(b) The provision of medical services for fund beneficiaries.
(c) Job placement assistance for fund beneficiaries.
(d) Transportation for fund beneficiaries.
(e) Food for fund beneficiaries.
(f) Shelter for fund beneficiaries.
(g) Other assistance for fund beneficiaries.
(3) If excess funds exist after the expenditures authorized in
subsection (2), the fund shall be expended for the assistance of
all other veterans who were discharged under conditions other than
dishonorable. Fund expenditures under this subsection shall be made
for 1 or more of the following purposes:
(a) The provision of financial assistance for the fund
beneficiaries identified in this subsection.
(b) The provision of medical services for fund beneficiaries
identified in this subsection.
(c) The provision of job placement assistance for fund
beneficiaries identified in this subsection.
(d) The provision of transportation for fund beneficiaries
identified in this subsection.
(e) The provision of food for fund beneficiaries identified in
this subsection.
(f) The provision of shelter for fund beneficiaries identified
in this subsection.
(g) The provision of other assistance for fund beneficiaries
identified in this subsection.
(4) If excess funds exist after the expenditures authorized in
subsections (2) and (3), the fund may be expended to provide
assistance to indigent spouses and children of active duty members
of the United States armed forces, members of the United States
armed forces reserve who have been called to active duty by the
president of the United States or the United States secretary of
defense, or members of the Michigan national guard called to active
duty by the president of the United States or the United States
secretary of defense. Fund expenditures under this subsection may
be made for 1 or more of the following purposes:
(a) The provision of financial assistance for beneficiaries
identified in this subsection.
(b) The provision of medical services for beneficiaries
identified in this subsection.
(c) The provision of job placement assistance for
beneficiaries identified in this subsection.
(d) The provision of transportation for beneficiaries
identified in this subsection.
(e) The provision of food for beneficiaries identified in this
subsection.
(f) The provision of shelter for beneficiaries identified in
this subsection.
(g) The provision of other assistance for beneficiaries
identified in this subsection.
(5) If the county board of commissioners decides that an
emergency exists, the county board of commissioners may appropriate
an additional 2/10 of a mill on each dollar for funds to cover the
emergency. All money under this section shall be paid to the county
treasurer in the county where the tax is collected. The treasurer
shall pay the money out upon the written order of the commission or
upon the order of the department. The order shall be signed by the
chairperson and secretary of the commission or by the chairperson
and secretary of the department, whichever applies. If money is not
expended for the enumerated purposes of this section, the remaining
money paid into the veterans' relief fund shall remain in the
treasury of the county as a soldiers' relief fund and shall be
considered in raising sums for future years.
(6) The county board of commissioners of each county may
accept donations of money or items of value from any source for
deposit into the veterans' relief fund. Disposition of donations
shall be determined under this section.
(7) As used in this act:
(a) "Commission" means the soldiers' relief commission created
in this act.
(b) "Department" means the county department of veterans'
affairs created in 1953 PA 192, MCL 35.621 to 35.624.
(c) "Wartime veteran" means a person who served as a member of
the army, navy, air force, marine corps, coast guard, or women's
auxiliaries of all wars or military expeditions in which the United
States has been, is, or may be a participant as described in
section 1 of 1965 PA 190, MCL 35.61.
Sec. 2. (1) The judge of probate in each county shall appoint
3
persons, residents of such the county, who shall be
honorably
discharged soldiers, sailors, marines, nurses, or members of the
women's
auxiliaries , of the United States army and navy,
volunteers or regulars, who served in a war in which the United
States
has been, is, or may hereafter be , a
participant, at
least 1 of whom shall have served in World War I, to be known as
the "soldiers' relief commission" of the county, with the powers
and
duties in this act provided
in this act. If there is no World
War I veteran who is willing to serve, a veteran of a war as
defined
in Act No. 190 of the Public Acts of 1965, as amended,
being
sections 35.61 and 35.62 of the Compiled Laws of 1948 1965
PA 190, MCL 35.61 to 35.62, may be appointed to serve on the
soldiers' relief commission.
(2)
One of such persons member shall be appointed for a term
of
1 year, ; 1 for a term of 2 years, ;
and 1 for a term of 3
years,
and at the expiration of the each term, for which each of
such
persons was appointed, his or her
successor shall be
appointed
for a term of 3 years. thereafter. The persons so
appointed
Commission members shall
organize by the selection of 1
of
their number as chairman chairperson, and 1 as secretary, and
in the event of the death, resignation, change of residence, or
other
disability of any member of the commission , creating that
creates a vacancy, the judge of probate shall fill such
the
vacancy
by an appointment for the unexpired term. The members
shall
each Each member shall file the constitutional oath of
office
with the probate court , and receive the proper a
certificate
of their his or her appointment. They He or she
shall
be entitled to reasonable compensation for their his or her
services,
to be fixed and paid by the board of supervisors of
their
his or her respective counties
county. The judge of
probate
shall have authority to remove any member of such the
commission for cause.
Sec.
3. The supervisor of each township and ward in each of
the
counties of this state, and where there is no ward supervisor
the
aldermen of the several wards of every incorporated city in
this
state, shall, on or before the last Monday in September in
each
year, make and place in the hands of the soldiers' relief
commission
of the county, a list of all the persons entitled to
relief
under the provisions of this act, and the soldiers' relief
commission,
on the first Monday in October in each year, shall
proceed
to determine the amount necessary for aid and relief to be
granted
such persons under this act, which shall be then and there
recorded
in the books to be kept by the secretary of said soldiers'
relief
commission. The commission may determine not only the sum to
be
paid, but the manner of paying the same, and may discontinue the
payment
of such relief in their discretion. Appeal may be taken
therefrom
to the circuit court of such county, by certiorari by
filing
application therefor with the clerk within 15 days following
the
making of such decision. The court shall hear the case de novo
and
its decision shall be final. The commission or the department
shall determine the amount necessary to grant assistance under
section 1. The amount shall be recorded by the secretary of the
commission or the secretary of the department. The commission or
department may determine the manner in which assistance is
administered and may discontinue assistance at any time in the
discretion of the commission or department, whichever is
applicable. The commission or department shall not spend more than
5% of the total amount expended under section 1 for administration
of this assistance.
Sec.
4. Whenever any an emergency shall arise arises
in
the case of
a sickness, accident, or
death , which, of a
beneficiary that, in the opinion of any a
supervisor or alderman,
needs
relief, such the supervisor or alderman , when
inconvenient
to consult any of the members of said commission,
shall have the power to draw an order on the county treasurer for a
sum
not to exceed 10 dollars, $10.00
without contacting the
soldiers' relief commission or county department of veterans'
affairs and shall certify his or her action and the circumstances
of
the case to such soldiers' relief the commission , which or
department.
The commission or department shall ratify
the same
decision, and such the commission or department may grant such
further
relief at any time as it may deem necessary : Provided,
however,
That no unless a
claim for relief shall be allowed and
paid
which shall create creates
a deficiency in the fund when it
is paid.
Sec.
5. Said soldiers' relief The commission
or department
shall
make to the board of supervisors, at its October session in
each
year, a full report of its doings activities and the amount
of
relief money on hand available
in the fund, the amount
expended
during the year preceding
year, and the amount
estimated
for the following year, ensuing, and such all
further
information
and suggestions as they the
commission or the
department may consider necessary to the discharge of their
duties under this act.
Sec.
7. The several commissioners appointed under this act
shall have power to administer oaths in the execution of the duties
of their offices.
Enacting section 1. Section 6 of 1899 PA 214, MCL 35.26, is
repealed.