HOUSE BILL NO. 4786
June 15, 2023, Introduced by Reps. Fitzgerald and Morgan and referred to the Committee on
Government Operations.
A bill to amend 1947 PA 12, entitled
"Veterans' military pay act,"
by amending sections 2, 4, 4a, and 5 (MCL 35.922, 35.924, 35.924a,
and 35.925), section 2 as amended by 2016 PA 200.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. As used in this act:
2 (a) "Period of service" means the period of time between
3 September 16, 1940 and June 30, 1946 and, for purposes of former
4 section 25 of article X of the state constitution of 1908, also
5 means the period of time between June 27, 1950 and the termination
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1 of the state of national emergency , which state of national
2 emergency that was proclaimed on December 16, 1950.
3 (b) "Veteran" means an individual who meets all of the
4 following:
5 (i) Is a veteran as that term is defined in section 1 of 1965
6 PA 190, MCL 35.61.
7 (ii) Provided honorable and faithful service for more than 60
8 days during his or her the individual's period of service.
9 (iii) Was a resident of this state at the time of entering
10 service and for at least 6 months prior to before that date.
11 (c) "Beneficiary" means, in relation to a deceased veteran,
12 the surviving husband or wife, spouse, the child or children, or
13 the surviving dependent mother, dependent father, parent, dependent
14 person individual standing in loco parentis, or dependent brothers
15 and sisters, siblings, in the order named, which determination the
16 determination of which may be made by the probate court of the
17 county of residence of the veteran at the time of death on petition
18 of the adjutant general.
19 (d) "Honorable and faithful service" shall be such means
20 service as is evidenced by 1 or more of the following:
21 (i) An honorable discharge.
22 (ii) In the case of an officer, a certificate of service.
23 (iii) In the case of a veteran who has not been discharged, a
24 certificate from an appropriate service authority that his or her
25 the veteran's service was honorable and faithful.
26 (e) "Foreign service" means military service by a veteran
27 during the period of service anywhere outside of any state of the
28 United States and the District of Columbia.
29 (f) "Domestic service" means military service by a veteran
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1 during the period of service in 1 or more states of the United
2 States or in the District of Columbia.
3 (g) "Adjutant general" means the adjutant general of this
4 state.
5 (h) "Board" means the state administrative board.
6 (i) "Resident" means a person an individual who meets 1 or
7 more of the following:
8 (i) Was born in and lived in this state until entrance into the
9 armed forces Armed Forces of the United States.
10 (ii) Was born in but was temporarily living outside of this
11 state, not having abandoned residence in this state prior to before
12 entrance into the armed forces Armed Forces of the United States.
13 (iii) Was born elsewhere but had resided within this state for
14 at least 6 months prior to before entrance into military service
15 and had prior to before or during such that 6 months' period met 1
16 or more of the following:
17 (A) Registered for voting in this state.
18 (B) Was an unemancipated minor during such the period of
19 residence while living with a parent or person individual standing
20 in loco parentis who was a resident as set forth in this
21 subparagraph or subparagraph (i) or (ii).
22 (C) If not registered for voting in this state, was not
23 registered for voting in another state. However, applications filed
24 under this act prior to before March 18, 1949 that have been
25 rejected by the adjutant general because of noncompliance with the
26 foregoing requirement this sub-subparagraph are eligible for
27 allowance despite that noncompliance if the applicant had not voted
28 in another state within 6 months prior to before entering service
29 and had resided in this state for at least 6 months prior to before
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1 entrance into the armed forces Armed Forces of the United States.
2 Information appearing on the discharge of the veteran that shows
3 "permanent address for mailing purposes", "address from which
4 employment will be sought", and "home address at time of entry into
5 service", in another state, shall must not necessarily be construed
6 to mean that the veteran intended to abandon his or her the
7 veteran's residence in this state for the purpose of this act.
8 (iv) In all other cases than those outlined under subparagraph
9 (i), (ii), or (iii), complies with the residence requirements set forth
10 in former section 23[a] of article X of the state constitution of
11 1908 in accordance with the rules and regulations of the board.
12 Sec. 4. There shall must be paid on application to the
13 beneficiary of each a veteran heretofore formerly or hereafter in
14 the future deceased from service connected causes arising during
15 the period of service a sum equal to the difference between any
16 payments received by the veteran or his the beneficiary under
17 section 3 and the sum of $500.00. In the event the veteran or his
18 the beneficiary has not received payment under section 3 the entire
19 sum of $500.00 shall must be paid to the beneficiary.
20 Sec. 4a. There shall must be paid on application of the mother
21 and father, parents, or the surviving parent, of each a veteran
22 heretofore formerly or hereafter in the future deceased from
23 service connected causes arising during the period of service a sum
24 equal to the difference between any payments received by the
25 veteran or his the beneficiary under section 3 and the sum of
26 $500.00. In the event the veteran or his the beneficiary has not
27 received payment under section 3, the entire sum of $500.00 shall
28 must be paid to the mother and father, parents, or the surviving
29 parent. Any person or persons individual claiming payment under
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1 this section shall must not be required to prove dependency. There
2 is hereby appropriated from the general fund of the this state the
3 sum of $200,000.00, to be credited to the veterans' military pay
4 fund, to pay benefits under the provisions of this section.
5 Sec. 5. Each A veteran or his beneficiary entitled to payment
6 shall make application to the adjutant general upon such a form as
7 may be prescribed by him: Provided, That if the adjutant general.
8 If the veteran be is incompetent, or his if the beneficiary be is
9 incompetent or a minor, the application shall be must be made by
10 his the guardian of the veteran or beneficiary. Each An application
11 shall must be accompanied by a certified copy of honorable
12 discharge as defined described in section 2, or by such evidence of
13 honest and faithful service during the period of service as shall
14 be prescribed by said the adjutant general. Each An application
15 shall must be subscribed and sworn to by the applicant before
16 witnesses in such a manner as shall be prescribed by the adjutant
17 general: Provided, That the general. The adjutant general shall
18 provide by regulation for an endorsement on the evidence of service
19 required in section 2d 2(d) that an application for payment has
20 been made.
21 Enacting section 1. This amendatory act does not take effect
22 unless Senate Joint Resolution ____ or House Joint Resolution F
23 (request no. 00367'23) of the 102nd Legislature becomes a part of
24 the state constitution of 1963 as provided in section 1 of article
25 XII of the state constitution of 1963.
JJR Final Page 00367'23 f
Statutes affected: House Introduced Bill: 35.922