HOUSE BILL NO. 4803

June 26, 2019, Introduced by Reps. Guerra, Tyrone Carter, Manoogian, Chirkun, Sabo, Kennedy, Gay-Dagnogo, Wittenberg and Jones and referred to the Committee on Military, Veterans and Homeland Security.

"Vietnam veteran era bonus act,"

by amending sections 2, 7, and 11 (MCL 35.1022, 35.1027, and 35.1031), section 2 as amended by 2016 PA 201 and section 11 as amended by 1980 PA 194.

the people of the state of michigan enact:

Sec. 2. As used in this act:

(a) "Period of service" means that includes both of the following:

(i) That period of time between 12:01 a.m., January 1, 1961, and 12:01 a.m., September 1, 1973.

(ii) That period of time between 12:01 a.m., September 1, 1973 and 12:01 a.m., May 7, 1975.

(b) "Veteran" means an individual who meets both of the following:

(i) Is a veteran as that term is defined in section 1 of 1965 PA 190, MCL 35.61.

(ii) Has completed not less than 190 days of honorable service or is listed as missing in action or died during the period of service from service-connected causes in the army, air, naval, marine, or coast guard forces of the United States including the auxiliary branches, was a resident of this state for not less than 6 months before entering the service or, while on active duty, was a resident of this state for not less than 6 months immediately before January 1, 1961, and has not applied for and received similar benefits from another state for the same period of service. The 190 days required 190 days' active duty requirement does not include a period when assigned full time by the armed forces to a civilian institution for a course substantially the same as a course offered to civilians; or a period served as a cadet or midshipman at a service academy, active duty for training in during an enlistment in the Army or Air National Guard, or as a reserve for service in the Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve, with the exception of except for those military personnel who converted to active duty immediately upon completion of the initial active duty for training as evidenced by noninterruption in pay status from that of initial active duty for training to that of active duty. The 190 days' active duty requirement shall does not apply to a person an individual who died or who received a medical discharge from active military service due to injuries sustained or disease incurred contracted in the line of duty, as verified by the veterans' veteran's records or by the Veterans' Administration.

(c) "Combat veteran" means a veteran listed as missing in action, or a veteran eligible to wear the Vietnam Service Medal or the Armed Forces Expeditionary Medal if eligibility the veteran became eligible for the award occurred during the period of service.

(d) "Beneficiary" , subject to section 14(2), means in relation to a deceased veteran or a veteran listed as missing in action, the surviving spouse, child or children, or the dependent surviving mother or father of a deceased veteran or veteran listed as missing in action, subject to section 14(2), in the order named, which the determination of which may be made by the probate court of the county of residence of the veteran at the time of death. A surviving parent of a veteran shall be is eligible as a dependent of the veteran if that person the surviving parent had a reasonable expectation of support in whole or in part from the veteran and that expectation is stated in the application.

(e) "Honorable service" means that honorable service as evidenced by either of the following:

(i) Honorable or general discharge, or separation under honorable conditions.

(ii) In the case of a person an individual who has not been discharged, a certificate certification from the an appropriate service authority that a person did the individual would qualify under subparagraph (i) as if the veteran was being if the individual were discharged or separated.

(f) Time Honorable service does not include time lost while absent without leave, in desertion, in confinement while undergoing the sentence of a court-martial, or time lost while in a nonduty status because of disease contracted through the veteran's own misconduct. shall not be construed as honorable service.

(g) (f) "Adjutant general" means the adjutant general of this state.

(h) (g) "Resident" means a person an individual who has acquired a status as follows:meets any of the following conditions:

(i) Was The individual was born in and lived in this state until entrance into entering the armed forces Armed Forces of the United States.

(ii) Was The individual was born in , but was this state and did not abandon his or her residence in this state while temporarily living outside this the state , not having abandoned residence in this state before entrance into entering the armed forces Armed Forces of the United States. Information appearing on the discharge documents of a veteran that shows a permanent address in another state for mailing purposes, an address in another state from which employment will be sought, or a home address in another state at the time the veteran entered service does not necessarily mean for purposes of this act that the veteran intended to abandon his or her residence in this state.

(iii) Had The individual resided within in this state for at least not less than 6 months immediately before entrance into entering military service or , while on active duty, was a resident of while on active duty resided in this state for not less than 6 months immediately before January 1, 1961, and had, before or during this 6 months' period:either of the 6-month periods described in this subparagraph met any of the following conditions:

(A) Registered The individual registered to vote in this state.

(B) Lived The individual lived with a parent or person an individual standing in loco parentis who had acquired a residence as set forth in was a resident of this state under any of the residency requirements of this subdivision, while an unemancipated minor.

(C) If not registered to vote in this state, was the individual did not registered register to vote in another state, or had did not voted vote in another state within 6 months before entering service or within 6 months before January 1, 1961.

(iv) Information appearing on the discharge documents of the veteran that shows a permanent address for mailing purposes, an address from which employment will be sought, or a home address at time of entry into service in another state, shall not necessarily be construed to mean that the veteran intended to abandon his or her residence in this state for purposes of this act.

Sec. 7. (1) Upon Except as otherwise provided in this subsection, upon submission to the adjutant general of satisfactory proof that the an applicant is entitled to payment under this act, the adjutant general shall compute the amount of payment due the applicant, make a record thereof, of that amount, and transmit the claim for payment directly to the department of treasury for payment. Payment shall be made from the Vietnam veteran era bonus fund. Payment to an applicant based on an application filed under section 11(b) or (c) is subject to an appropriation of funds for that payment. A claim for payment under this act shall is not be assignable , or subject to garnishment, attachment, or levy of execution.

(2) If the proof as to of eligibility for payment submitted by an applicant either with or as a part of the applicant's initial application, or pursuant to upon a request of the adjutant general after submission of the application, is not satisfactory to the adjutant general, the adjutant general shall reject the claim.

(3) Upon rejection of If a claim is rejected, the adjutant general shall mail to the claimant a notice of the rejection. ; the The notice shall inform the claimant of the claimant's right to file with the adjutant general a request for appeal to the state court of claims within 6 months after the mailing of the notice by the adjutant general mails the notice.

(4) The notice shall also inform the claimant that a failure to file a request for appeal to the court of claims within the stipulated time shall this 6-month period will render the determination of the adjutant general final without any further right of claimant to appeal. from same.

(4) (5) The claimant shall have has 6 months from the mailing by after the adjutant general of a mails the notice of rejection in which to appeal to the court of claims. , and upon failure by If the claimant fails to file with the adjutant general a request for appeal to the court of claims within this 6 months' 6-month period, the determination by the adjutant general in the claim shall be is final.

(5) (6) Upon the filing of the If a claimant files a request for appeal to the court of claims, the adjutant general shall immediately certify the entire record of the claim to the court of claims and shall furnish to the court of claims any additional information in , or which may thereafter come that comes into the adjutant general's possession , or which may be that is requested by the court of claims.

(6) (7) Upon receipt of an order by from the court of claims that a claimant whose claim has been so certified as in this act provided is entitled to payment, and upon the order becoming final, the adjutant general shall pay the claim shall be paid in the same manner as provided in this act.

(7) (8) In each case in which the court of claims enters its order allowing or denying a claim, and upon the order becoming final, the files and records on the for that claim shall be returned by the court of claims to the adjutant general. , to be retained by the The adjutant general shall retain the files and records as permanent records.

(8) (9) A person who filed a claim under this act and whose claim was rejected by either the adjutant general or the court of claims solely because of a discharge which that was less than honorable , may file a reapplication for benefits if the discharge which that caused the disqualification for benefits has subsequently been upgraded to a discharge indicating honorable service. The reapplication shall be submitted and processed in the same manner as an initial application.

Sec. 11. An application for benefits under this act shall not be filed or received, except Except for applications under section 5(2), after June 30, 1980.an application for a service bonus under this act must be filed before the following dates:

(a) For a veteran or combat veteran, July 1, 1980 if the veteran or combat veteran met the requirements to receive a service bonus under this act before July 1, 1980.

(b) For a veteran or combat veteran, January 1, 2020 if the veteran or combat veteran did not meet the requirements to receive a service bonus under this act before July 1, 1980, but after the effective date of the amendatory act that added section 2(a)(ii), meets the requirements to receive a service bonus under this act.

(i) Before July 1, 1980, the veteran applied for and received a service bonus under section 3(2) that was less than the maximum amount of $450.00 because the number of months served was originally calculated based on the period of service under section 2(a)(i).

(ii) The veteran had completed additional months of service during the period of service described under section 2(a)(ii) for which the veteran did not receive a service bonus under section 3(2).

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.