HOUSE BILL NO. 5819
June 13, 2024, Introduced by Reps. Coffia, Conlin, Morgan, Brabec and Byrnes and referred to
the Committee on Military, Veterans and Homeland Security.
A bill to amend 1946 (1st Ex Sess) PA 9, entitled
"An act to create the Michigan veterans' trust fund, and to define
who shall be eligible to receive assistance therefrom; to provide
for the disbursement of the income thereof and surplus therein; to
create a board of trustees, and to prescribe its powers and duties;
to provide for county and district committees, and their powers,
duties, and expenses; to prescribe penalties; and to make
appropriations to carry out the provisions of this act,"
by amending sections 2, 3b, and 4b (MCL 35.602, 35.603b, and
35.604b), section 2 as amended by 2016 PA 217, section 3b as added
by 2011 PA 282, and section 4b as added by 1995 PA 27; and to
repeal acts and parts of acts.
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THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. As used in this act: , "veteran"
2 (a) "Board" means the Michigan veterans' trust fund board of
3 trustees created in section 3b.
4 (b) "Veteran" means an individual who meets all of the
5 following:
6 (i) (a) Is a veteran as defined in section 1 of 1965 PA 190,
7 MCL 35.61.
8 (ii) (b) Is a legal resident of this state or was a legal
9 resident of this state immediately prior to before entering the
10 United States Armed Forces. However, an individual whose legal
11 residence was in this state prior to before entering the United
12 States Armed Forces does not meet the requirement of this
13 subdivision if he or she the individual leaves this state for a
14 period of time exceeding 2 years.
15 (iii) (c) He or she The individual served in active service in
16 the United States Armed Forces during a period of war for at least
17 180 days and was honorably discharged from the United States Armed
18 Forces. However, an individual who separated from the United States
19 Armed Forces for reason of physical or mental disability incurred
20 in the line of duty prior to the completion of 180 days' service is
21 considered to meet the requirement of this subdivision. As used in
22 this subdivision, "period of war" means that phrase as described in
23 38 CFR 3.2, except that for purposes of this subdivision, "period
24 of war" for the Vietnam era means the following:
25 (i) February 28, 1961 through May 7, 1975 for a veteran who
26 served during that period.
27 (ii) On or after January 31, 1955 in an area of hazardous duty
28 for which the veteran received an Armed Forces Expeditionary Medal
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1 or Vietnam Service Medal.
2 Sec. 3b. (1) There is created a The Michigan veterans' trust
3 fund board of trustees is created. Each member of the board shall
4 must be a veteran . Each member appointed shall and have
5 demonstrated knowledge, skills, and experience in public service,
6 business, or finance. Members shall be appointed as follows:
7 (a) One representative of the American legion.Legion.
8 (b) One representative of the veterans Veterans of foreign
9 wars Foreign Wars of the United States.
10 (c) One representative of the disabled Disabled American
11 veterans.Veterans.
12 (d) One representative of any other a congressionally
13 chartered veterans' organization other than those organizations an
14 organization identified in subdivision (a), (b), or (c).
15 (e) Three independent members who may or may not be a member
16 of 1 or more congressionally chartered veterans' organizations, but
17 who shall do not represent any congressionally chartered veterans'
18 organization of which they are a member.
19 (2) The governor shall appoint the members shall be appointed
20 by the governor. of the board. Each member shall hold office for
21 the term of 3 years from the time of his or her that member's
22 appointment and shall continue to hold office at the pleasure of
23 the governor. The governor shall appoint the members enumerated in
24 subsection (1)(a), (b), (c), and (d) shall be appointed by the
25 governor from the an original list of at least 3 individuals
26 recommended by each respective organization named in subsection
27 (1)(a), (b), (c), and (d).
28 (3) Each member of the board shall qualify by taking and
29 filing the constitutional oath of office.
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1 (4) The governor may remove any member of the board for
2 misfeasance, malfeasance, or nonfeasance in office, after hearing.
3 Missing 3 or more consecutive meetings shall be is considered
4 malfeasance and is grounds for removal.
5 (5) If a vacancy occurs during the term of office of a member
6 of the board, of trustees, the member's successor shall be selected
7 from the same organization and in the same manner as the original
8 appointment for the balance of the unexpired term.
9 (6) The department of technology, management, and budget shall
10 furnish suitable offices for use of the board.
11 (7) The board may employ assistants and incur necessary
12 expenses in carrying out this act. Members of the board shall serve
13 without compensation, but shall be are entitled to actual and
14 necessary expenses incurred in attending scheduled meetings of the
15 board in accordance with the accounting laws of this state.
16 (8) As used in this act:
17 (a) "Board" means the Michigan veterans' trust fund board of
18 trustees created in subsection (1).
19 (b) "Veteran" section, "veteran" means that term as defined in
20 section 1 of 1965 PA 190, MCL 35.61.
21 Sec. 4b. (1) The board of trustees shall administer the
22 Michigan veterans' trust fund established under section 37 of
23 article IX of the state constitution of 1963.
24 (2) Money in the Michigan veterans' trust fund must not be
25 transferred, borrowed, expended, withdrawn, or otherwise
26 distributed except as provided under this act and in sections 37
27 and 39 of article IX of the state constitution of 1963.
28 Enacting section 1. Section 4a of 1946 (1st Ex Sess) PA 9, MCL
29 35.604a, is repealed.
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Statutes affected: House Introduced Bill: 35.602, 35.604