HOUSE BILL NO. 6052

August 06, 2020, Introduced by Reps. Anthony, Hoadley, Koleszar, Warren, Hood, Sowerby and Rabhi and referred to the Committee on Government Operations.

A bill to amend 1885 PA 152, entitled

"An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,"

by amending section 11 (MCL 36.11), as amended by 2010 PA 341.

the people of the state of michigan enact:

Sec. 11. (1) A veteran of the armed forces Armed Forces of the United States eligible for United States department of veterans affairs' Department of Veterans Affairs health care or financial assistance for long-term nursing or day care may be admitted to a veterans' facility in this state that is established under this act. Nothing in this section prevents the board of managers from admitting to membership in a facility any applicant otherwise qualified, but who has adequate means of support and is not dependent upon public or private charity, provided that if the applicant, as a condition of admission, pays to the board of managers in advance, or at those times as may be fixed by the board of managers, for the use and benefit of the state a sum for his or her support as the board of managers determines to be proper. The board of managers shall annually determine the per diem expense of maintenance of members in the facilities and shall require any member who has adequate means of support or sufficient property or income, to pay the board of managers in full for the expenses of maintenance. All members in the facilities shall be charged in the first instance with the maintenance, which shall be collected either in whole or in part, if the member has sufficient property or income, but otherwise the board of managers may remit the per diem charge either in whole or in part. The maintenance charges as determined by the board of managers shall be paid to the adjutant of the facilities in advance not later than the fifth day of each month. Failure to comply with a condition shall be cause for dismissal from a facility.

(2) There is created a veterans' facilities operation fund in the state treasury. Except as provided by subsection (3), money received under this section and from the veterans' administration in direct payment for services to members of the facilities established under this act shall be turned over to the state treasury and credited to the veterans' facilities operation fund. Money in the veterans' facilities operation fund shall be expended only for the operation of the facilities established under this act.

(3) The board of managers of the facilities may make require as a condition for admission to a facility that all applicants shall must assign to the board of managers any balance of money accumulated while a member of the facility, or due to the applicant, or on deposit with any a bank, trust company, corporation, or with any an individual, at the time of the death of the applicant. All such The sums described in this subsection shall first be expended to pay for all residual maintenance costs attributable to the deceased individual and shall then be paid to the wife, a surviving spouse, minor children, or dependent mother or father, parents, in the order named. If no such a relative shall described in the preceding sentence cannot be found within a period of 2 years, or if no a claim for the sums has not been made within a period of 2 years, the balance of the money shall be paid into the posthumous fund, which is hereby created by this subsection. The posthumous fund shall be expended as prescribed by 1905 PA 313, MCL 36.61.

Enacting section 1. This amendatory act does not take effect unless Senate Joint Resolution ____ or House Joint Resolution T (request no. 02690'19) of the 100th Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.