HOUSE BILL NO. 5819

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.

the people of the state of michigan enact:

Sec. 2. As used in this act: , "veteran"

(a) "Board" means the Michigan veterans' trust fund board of trustees created in section 3b.

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

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

(ii) (b) Is a legal resident of this state or was a legal resident of this state immediately prior to before entering the United States Armed Forces. However, an individual whose legal residence was in this state prior to before entering the United States Armed Forces does not meet the requirement of this subdivision if he or she the individual leaves this state for a period of time exceeding 2 years.

(iii) (c) He or she The individual served in active service in the United States Armed Forces during a period of war for at least 180 days and was honorably discharged from the United States Armed Forces. However, an individual who separated from the United States Armed Forces for reason of physical or mental disability incurred in the line of duty prior to the completion of 180 days' service is considered to meet the requirement of this subdivision. As used in this subdivision, "period of war" means that phrase as described in 38 CFR 3.2, except that for purposes of this subdivision, "period of war" for the Vietnam era means the following:

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

(ii) 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.

Sec. 3b. (1) There is created a The Michigan veterans' trust fund board of trustees is created. Each member of the board shall must be a veteran . Each member appointed shall and have demonstrated knowledge, skills, and experience in public service, business, or finance. Members shall be appointed as follows:

(a) One representative of the American legion.Legion.

(b) One representative of the veterans Veterans of foreign wars Foreign Wars of the United States.

(c) One representative of the disabled Disabled American veterans.Veterans.

(d) One representative of any other a congressionally chartered veterans' organization other than those organizations an organization identified in subdivision (a), (b), or (c).

(e) Three independent members who may or may not be a member of 1 or more congressionally chartered veterans' organizations, but who shall do not represent any congressionally chartered veterans' organization of which they are a member.

(2) The governor shall appoint the members shall be appointed by the governor. of the board. Each member shall hold office for the term of 3 years from the time of his or her that member's appointment and shall continue to hold office at the pleasure of the governor. The governor shall appoint the members enumerated in subsection (1)(a), (b), (c), and (d) shall be appointed by the governor from the an original list of at least 3 individuals recommended by each respective organization named in subsection (1)(a), (b), (c), and (d).

(3) Each member of the board shall qualify by taking and filing the constitutional oath of office.

(4) The governor may remove any member of the board for misfeasance, malfeasance, or nonfeasance in office, after hearing. Missing 3 or more consecutive meetings shall be is considered malfeasance and is grounds for removal.

(5) If a vacancy occurs during the term of office of a member of the board, of trustees, the member's successor shall be selected from the same organization and in the same manner as the original appointment for the balance of the unexpired term.

(6) The department of technology, management, and budget shall furnish suitable offices for use of the board.

(7) The board may employ assistants and incur necessary expenses in carrying out this act. Members of the board shall serve without compensation, but shall be are entitled to actual and necessary expenses incurred in attending scheduled meetings of the board in accordance with the accounting laws of this state.

(8) As used in this act:

(a) "Board" means the Michigan veterans' trust fund board of trustees created in subsection (1).

(b) "Veteran" section, "veteran" means that term as defined in section 1 of 1965 PA 190, MCL 35.61.

Sec. 4b. (1) The board of trustees shall administer the Michigan veterans' trust fund established under section 37 of article IX of the state constitution of 1963.

(2) Money in the Michigan veterans' trust fund must not be transferred, borrowed, expended, withdrawn, or otherwise distributed except as provided under this act and in sections 37 and 39 of article IX of the state constitution of 1963.

Enacting section 1. Section 4a of 1946 (1st Ex Sess) PA 9, MCL 35.604a, is repealed.