HOUSE BILL NO. 6043

August 06, 2020, Introduced by Rep. Elder and referred to the Committee on Military, Veterans and Homeland Security.

"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, and 5 (MCL 35.21, 35.22, 35.23, 35.24, and 35.25), section 1 as amended by 2016 PA 218 and section 2 as amended by 2016 PA 208, and by adding sections 9 and 10; and to repeal acts and parts of acts.

the people of the state of michigan enact:

TITLE

An act to provide relief outside of the soldiers' home for to honorably discharged indigent soldiers, sailors, marines, nurses veterans and members of women's auxiliaries and the indigent wives, spouses, widows or widowers, and minor children, and parents of such those indigent or deceased soldiers, sailors, marines, nurses veterans and members of women's auxiliaries, auxiliaries; to provide for the powers and duties of certain governmental officers and entities; 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 soldiers' relief fund for the aid and relief of honorably discharged indigent members of the Army, Navy, Air Force, Marine Corps, Coast Guard, veterans and members of women's auxiliaries, and the indigent spouses, widows or widowers, minor children, and parents of each those indigent or deceased member veterans or members of women's auxiliaries, who served during a period of war as described in 38 CFR 3.2, except that for purposes of this section, "period of war" for the Vietnam era means the following:

(a) February 28, 1961 through May 7, 1975 for a veteran who served during that period.

(b) 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.

(2) Funds In addition to the use described in subsection (1), funds raised in accordance with this section may be expended for the aid and relief of indigent wives spouses and children of active duty soldiers, sailors, marines, airmen, coast guardsmen, nurses, and members of the women's auxiliaries members of the Armed Forces during the continuance of present hostilities and prior to their the member's discharge.

(3) However, in In any year in which, in the opinion of the county board of commissioners, an emergency exists, the board may appropriate a sum not to exceed exceeding 2/10 of a mill on each dollar for the purposes of this section.

(4) The money , when collected , under this section shall be paid to the county treasurer of the county where the tax is levied in each of the counties in this state, to be and paid out by the treasurer upon the written order of the soldiers' relief commission if as signed by the chairperson and secretary of the commission.

(5) 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 for this that purpose.

Sec. 2. (1) The chief judge of the probate in court for each county shall appoint 3 veterans as that term is defined in 1965 PA 190, MCL 35.61 to 35.62, individuals who are residents of the county and who were are honorably discharged soldiers, sailors, marines, nurses, veterans or members of the women's auxiliaries of the United States Armed Forces, to a commission to be known as the "soldiers' relief commission" of the county, with the powers and duties as provided in this act.

(2) Of the persons individuals appointed under subsection (1), 1 of the persons shall be appointed for a an initial term of 1 year, ; 1 for a an initial term of 2 years, ; and 1 for a an initial term of 3 years, and at years. At the expiration of the term for which each of the persons an individual was appointed, the chief judge of the probate court for the county shall appoint his or her successor shall be appointed for a term of 3 years. The persons so appointed commission shall organize itself by the selection of 1 of their number the commission members as chairperson and 1 as secretary, and in secretary. In the event of the death, resignation, change of residence, or other disability of any a member of the commission, creating a vacancy, the chief judge of the probate court for the county shall fill the vacancy by an appointment for the unexpired term. The commission members shall each file the a constitutional oath of office with the probate court, and receive the proper certificate certification of their appointment. They Commission members are entitled to reasonable compensation for their services, to be fixed and paid by the county board of commissioners. of their respective counties. The chief judge of the probate court for the county may remove any member of the commission for cause.

Sec. 3. (1) 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 On or before the last Monday in September in of each year, make and place in the hands of the soldiers' relief the chairperson of the soldiers' relief commission for each county shall provide that commission of the county, with a list of all the persons individuals residing in the county who are entitled to aid and relief under the provisions of this act. , and the soldiers' relief commission, on

(2) On the first Monday in October in of each year, the soldiers' relief commission shall proceed to determine the amount necessary for providing aid and relief to be granted such persons to individuals entitled to that aid and relief under this act, which as identified under subsection (1). The amount determined shall be then and there recorded in the books to be kept records maintained by the secretary of said soldiers' relief the commission. The commission may determine not only the sum to be paid, but the manner of paying the same, and or providing the aid and relief determined under this subsection.

(3) The commission may discontinue the payment or provision of such aid and relief under this act in their its discretion. Appeal An individual may be taken therefrom appeal by certiorari a decision by the commission to discontinue aid or relief to that individual to the circuit court of such county, by certiorari the county where he or she resides by filing an application therefor with the clerk within not more than 15 days following after the making of such decision. commission notifies the individual of its decision. The court shall hear the case de novo and its decision shall be final.

Sec. 4. Whenever any If an individual eligible for aid and relief under this act experiences an emergency shall arise in case of due to sickness, accident, or death , which, that in the opinion of any supervisor or alderman, needs a commission member requires aid or relief, such supervisor or alderman, that commission member, when inconvenient unable to consult any of with the other members of said commission, the commission in a timely manner, shall have the power to draw an order on the county treasurer for a sum may provide that aid or relief to the individual. The amount or value of the aid or relief provided shall not to exceed 10 dollars, and $300.00. The commission member shall certify by signed documentation his or her action and the circumstances of the case to such soldiers' relief commission, which the commission. The commission shall review the documentation and upon approval ratify the same, certification and such commission may grant such further aid and relief to the individual at any time as it may deem necessary: Provided, however, That no it considers necessary. This section does not apply to a claim for aid or relief shall be allowed and paid which shall if the payment or provision of the aid or relief will create a deficiency in the fund.

Sec. 5. Said The soldiers' relief commission and the county treasurer shall make to the board of supervisors, at its October session in each year, a full provide an annual report of its doings to the county board of commissioners. The report shall include a summary of the commission's activities and the amount of aid and relief money on hand, remaining in the fund the amount expended during the year preceding, and the amount estimated for the ensuing year, ensuing, and such any further information and suggestions recommendations as they the commission may consider necessary to the discharge of their its duties under this act.

Sec. 9. An individual is considered to be indigent under this act if he or she is experiencing a substantial financial hardship. Substantial financial hardship is rebuttably presumed if the individual receives personal public assistance, including under a food assistance program, temporary assistance for needy families, Medicaid, or disability insurance, resides in public housing, earns an income less than 140% of the federal poverty guideline, or is unemployed. An individual is also rebuttably presumed to have a substantial financial hardship if he or she is currently serving a sentence in a correctional institution or is receiving residential treatment in a mental health or substance abuse facility.

Sec. 10. As used in this act:

(a) "Aid and relief" includes, but is not limited to, cash assistance and services provided to, or supported on behalf of, an individual entitled to aid and relief under this act, such as providing for transportation to a veterans' or nonveteran hospital, a health facility or clinic, or job training.

(b) "Armed forces" means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components.

(d) "Reserve components" means all of the following:

(i) The Army National Guard of the United States.

(ii) The army, naval, marine corps, air force, and coast guard reserves.

(iii) The Air National Guard of the United States.

(e) "Soldiers' relief commission" or "commission" means a county soldiers' relief commission appointed under section 2.

(f) "Soldiers' relief fund" or "fund" means the soldiers' relief fund described in section 1.

(g) "Veteran" means an individual who is a veteran as that term is defined in section 1 of 1965 PA 190, MCL 35.61, and was honorably discharged. Veteran includes individuals honorably discharged who served in any of the nurse corps of the armed forces regardless of the military status of that corps prior to becoming a fully recognized branch of the regular armed forces.

(h) "Women's auxiliary" means any women's military unit that served with the armed forces prior to becoming a fully recognized branch of the regular armed forces including, but not limited to, the Women's Auxiliary Army Corps.

Enacting section 1. Sections 6 and 7 of 1899 PA 214, MCL 35.26 and 35.27, are repealed.