HOUSE BILL NO. 5276

A bill to amend 1974 PA 370, entitled

"Vietnam veteran era bonus act,"

by amending sections 2 and 11 (MCL 35.1022 and 35.1031), section 2 as amended by 2016 PA 201 and section 11 as amended by 1980 PA 194, and by adding section 6a.

the people of the state of michigan enact:

Sec. 2. As used in this act:

(a) "Period of service" means that period of time between 12:01 a.m. , on January 1, 1961 , and 12:01 a.m. , September 1, 1973.on May 7, 1975.

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

(i) Is a veteran as 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 active duty 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 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 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 or disease incurred in the line of duty, as verified by the veterans' records or by the Veterans' Administration.Department of Veterans Affairs.

(c) "Combat veteran" means a veteran an individual who meets all of the following:

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

(ii) Is listed as missing in action, or a veteran is eligible to wear the Vietnam Service Medal or the Armed Forces Expeditionary Medal if eligibility for the award occurred during the period of service.

(iii) Has completed not less than 190 days of honorable service or was 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.

(iv) Was a resident of this state for not less than 6 months before entering the service.

(d) "Beneficiary", subject to section 14(2), means, in relation to a deceased veteran or a veteran listed as missing in action, the a surviving spouse, a child or children, or the a dependent surviving mother or father parent in the order named which determination that may be made determined 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 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 service as evidenced by:

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

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

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 individual's own misconduct shall is not be construed as honorable service.

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

(g) "Resident" means a person an individual who has acquired a status as follows:

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

(ii) Was born in, but was temporarily living outside this state, not having abandoned residence in this state before entrance entering into the armed forces Armed Forces of the United States.

(iii) Had resided within this state for at least not less than 6 months immediately before entrance entering into military service or, while on active duty, was a resident of this state for not less than 6 months immediately before January 1, 1961 , and had, before or during this 6 months' 6-month period:

(A) Registered to vote in this state.

(B) Lived with a parent or person standing in loco parentis who had acquired a residence as set forth in this subdivision, while an unemancipated minor.

(C) If not registered to vote in this state, was not registered to vote in another state, or had not voted in another state within 6 months before entering service or 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 does not necessarily be construed to mean that the veteran intended to abandon his or her the veteran's residence in this state for purposes of this act.

Sec. 6a. (1) Beginning on the effective date of the amendatory act that added this section, an individual is eligible for a service bonus under this act if that individual meets all of the following conditions:

(a) Is a veteran.

(b) Meets the period of service requirement under this act.

(c) Was awarded the National Defense Service Medal after 12:01 a.m. on September 1, 1973 and before May 7, 1975.

(2) The adjutant general shall determine, under section 6, the official records that may be used to prove the dates described in subsection (1).

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

(a) July 1, 1980, except as otherwise provided in subdivision (b).

(b) May 7, 2028, for a veteran who was not eligible to receive a service bonus under this act before July 1, 1980, but is eligible to receive a service bonus under section 6a.