HB-5812, As Passed Senate, May 27, 2008

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 5812

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make appropriations for the department of military

 

and veterans affairs for the fiscal year ending September 30, 2009;

 

to provide for the expenditure of the appropriations; to provide

 

for certain powers and duties of the department of military and

 

veterans affairs, other state agencies, and local units of

 

government related to the appropriations; and to provide for the

 

preparation of certain reports related to the appropriations.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this act, the

 

amounts listed in this part are appropriated for the department of

 

military and veterans affairs for the fiscal year ending September

 


30, 2009, from the funds indicated in this part. The following is a

 

summary of the appropriations in this part:

 

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

 

APPROPRIATION SUMMARY:

 

   Full-time equated unclassified positions.......... 7.0

 

   Full-time equated classified positions.......... 985.0

 

GROSS APPROPRIATION.................................... $    130,506,000

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         1,681,200

 

ADJUSTED GROSS APPROPRIATION........................... $    128,824,800

 

   Federal revenues:

 

Total federal revenues.................................        57,538,200

 

   Special revenue funds:

 

Total local revenues...................................         1,284,600

 

Total private revenues.................................         1,463,700

 

Total other state restricted revenues..................        28,300,400

 

State general fund/general purpose..................... $     40,237,900

 

   Sec. 102. HEADQUARTERS AND ARMORIES

 

   Full-time equated unclassified positions.......... 7.0

 

   Full-time equated classified positions.......... 125.0

 

Headquarters and armories--85.0 FTE positions.......... $     10,484,000

 

Unclassified military personnel........................           665,000

 

Military appeals tribunal..............................               900

 

Michigan emergency volunteers..........................             5,000

 

State active duty......................................            90,100

 

Challenge program--40.0 FTE positions..................         4,698,800

 


Homeland security......................................         1,000,000

 

Internal audit services................................           111,700

 

Military family relief fund............................           600,000

 

War veteran's memorial rehabilitation..................               100

 

GROSS APPROPRIATION.................................... $     17,655,600

 

    Appropriated from:

 

IDG, challenge grant...................................           260,100

 

IDG, community health..................................           100,000

 

IDG, state police......................................           900,000

 

IDG, human services....................................           421,100

 

   Federal revenues:

 

DOD-DOA-NGB............................................         5,206,000

 

   Special revenue funds:

 

Local-school aid fund..................................         1,284,600

 

Rental fees............................................           350,000

 

Mackinac Bridge authority..............................            60,000

 

Private donations......................................           820,100

 

Military family relief fund............................           600,000

 

Private-parent pay revenue.............................           103,600

 

State general fund/general purpose..................... $      7,550,100

 

   Sec. 103. MILITARY TRAINING SITES AND SUPPORT

 

FACILITIES

 

   Full-time equated classified positions.......... 181.0

 

Military training sites and support

 

   facilities--181.0 FTE positions...................... $     24,508,200

 

Military training sites and support facilities test

 

   projects.............................................           100,000

 


GROSS APPROPRIATION.................................... $     24,608,200

 

    Appropriated from:

 

   Federal revenues:

 

DOD-DOA-NGB............................................        20,801,000

 

   Special revenue funds:

 

Regional training institute fund.......................         1,504,000

 

Test project fees......................................           100,000

 

State general fund/general purpose..................... $      2,203,200

 

   Sec. 104. DEPARTMENTWIDE APPROPRIATIONS

 

Departmentwide accounts................................ $      2,059,400

 

Special maintenance - state............................           651,200

 

Special maintenance - federal  ........................         5,300,000

 

Military retirement....................................         3,217,500

 

Counternarcotic operations.............................            50,000

 

Starbase grant.........................................         1,772,000

 

GROSS APPROPRIATION.................................... $     13,050,100

 

    Appropriated from:

 

   Federal revenues:

 

DOD-DOA-NGB............................................         8,738,100

 

Federal counternarcotic revenues.......................            50,000

 

State general fund/general purpose..................... $      4,262,000

 

   Sec. 105. VETERANS SERVICE ORGANIZATIONS

 

American legion........................................ $        912,600

 

Disabled American veterans.............................           754,400

 

Marine corps league....................................           346,400

 

American veterans of World War II and Korea............           478,700

 

Veterans of foreign wars...............................           912,600

 


Michigan paralyzed veterans of America.................           170,700

 

Purple heart...........................................           162,600

 

Veterans of World War I................................               100

 

Polish legion of American veterans.....................            42,400

 

Jewish veterans of America.............................            42,400

 

State of Michigan council - Vietnam veterans of

 

   America..............................................           164,300

 

Catholic war veterans..................................            42,400

 

GROSS APPROPRIATION.................................... $      4,029,600

 

    Appropriated from:

 

State general fund/general purpose..................... $       4,029,600

 

   Sec. 106. GRAND RAPIDS VETERANS' HOME

 

   Full-time equated classified positions.......... 513.0

 

Grand Rapids veterans' home--513.0 FTE positions....... $     48,115,700

 

Board of managers......................................           665,000

 

GROSS APPROPRIATION.................................... $     48,780,700

 

    Appropriated from:

 

   Federal revenues:

 

DVA-VHA................................................        15,570,400

 

HHS, Medicaid..........................................           154,300

 

HHS, Medicare..........................................         1,557,500

 

   Special revenue funds:

 

Private - veterans' home post and posthumous funds.....           415,000

 

Income and assessments.................................        14,703,900

 

Military family relief fund............................           250,000

 

Lease revenue..........................................            12,200

 

State general fund/general purpose..................... $     16,117,400

 


   Sec. 107. D.J. JACOBETTI VETERANS' HOME

 

   Full-time equated classified positions.......... 158.0

 

D.J. Jacobetti veterans' home--158.0 FTE positions..... $     15,612,400

 

Board of managers......................................           275,000

 

GROSS APPROPRIATION.................................... $     15,887,400

 

    Appropriated from:

 

   Federal revenues:

 

DVA-VHA................................................         4,504,400

 

HHS, Medicare..........................................           500,300

 

HHS, Medicaid..........................................            10,200

 

   Special revenue funds:

 

Private - veterans' home post and posthumous funds.....           125,000

 

Military family relief fund............................           150,000

 

Income and assessments.................................         5,265,700

 

State general fund/general purpose..................... $      5,331,800

 

   Sec. 108. VETERANS' AFFAIRS DIRECTORATE

 

   Full-time equated classified positions............ 8.0

 

Veterans' affairs directorate administration---2.0

 

   FTE positions........................................ $        338,200

 

Veterans' trust fund administration---6.0 FTE

 

   positions............................................         1,225,900

 

Veterans' trust fund grants............................         3,746,500

 

GROSS APPROPRIATION.................................... $      5,310,600

 

    Appropriated from:

 

   Special revenue funds:

 

Michigan veterans' trust fund..........................         4,972,400

 

State general fund/general purpose..................... $        338,200

 


   Sec. 109. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $       1,183,800

 

GROSS APPROPRIATION.................................... $      1,183,800

 

    Appropriated from:

 

   Federal revenues:

 

DOD-DOA-NGB............................................           116,900

 

DVA-VHA................................................           319,700

 

HHS, Medicare..........................................             9,400

 

   Special revenue funds:

 

Income and assessments.................................           332,200

 

State general fund/general purpose..................... $        405,600

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

GENERAL SECTIONS

 

     Sec. 201. Pursuant to section 30 of article IX of the state

 

constitution of 1963, total state spending from state resources

 

under part 1 for fiscal year 2008-2009 is $68,538,300.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2008-2009 is $120,000.00. The itemized

 

statement below identifies appropriations from which spending to

 

local units of government will occur:

 

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

 

MILITARY TRAINING SITES AND SUPPORT FACILITIES

 

Payments in lieu of taxes.............................. $         70,000

 

MICHIGAN VETERANS' TRUST FUND

 


County counselor travel expenses....................... $         50,000

 

TOTAL................................................... $        120,000

 

     Sec. 202. The appropriations authorized under this act are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this act:

 

     (a) "Department" means the department of military and veterans

 

affairs.

 

     (b) "Director" means the director of the department of

 

military and veterans affairs.

 

     (c) "DOD" means the United States department of defense.

 

     (d) "DOD-DOA-NGB" means the DOD department of the army,

 

national guard bureau.

 

     (e) "DVA" means the United States department of veterans'

 

affairs.

 

     (f) "DVA-VHA" means the DVA veterans' health administration.

 

     (g) "FTE" means full-time equated.

 

     (h) "HHS" means the United States department of health and

 

human services.

 

     (i) "IDG" means interdepartmental grant.

 

     Sec. 204. The department of civil service shall bill the

 

departments and agencies at the end of the first fiscal quarter for

 

the 1% charge authorized by section 5 of article XI of the state

 

constitution of 1963. Payments shall be made for the total amount

 

of the billing by the end of the second fiscal quarter.

 

     Sec. 205. (1) A hiring freeze is imposed on the state

 

classified civil service. State departments and agencies are

 


prohibited from hiring any new full-time state classified civil

 

service employees and prohibited from filling any vacant state

 

classified civil service positions. This hiring freeze does not

 

apply to internal transfers of classified employees from 1 position

 

to another within a department.

 

     (2) The state budget director may grant exceptions to this

 

hiring freeze when the state budget director believes that the

 

hiring freeze will result in rendering a state department or agency

 

unable to deliver basic services, causes loss of revenue to the

 

state, would result in the inability of the state to receive

 

federal funds, or would necessitate additional expenditures that

 

exceed any savings from maintaining a vacancy. The state budget

 

director shall report quarterly to the chairpersons of the senate

 

and house of representatives standing committees on appropriations

 

the number of exceptions to the hiring freeze approved during the

 

previous quarter and the reasons to justify the exception.

 

     Sec. 207. Sixty days before beginning any effort to privatize,

 

the department shall submit a complete project plan to the

 

appropriate senate and house of representatives appropriations

 

subcommittees and the senate and house fiscal agencies. The plan

 

shall include the criteria under which the privatization initiative

 

will be evaluated. The evaluation shall be completed and submitted

 

to the appropriate senate and house of representatives

 

appropriations subcommittees and the senate and house fiscal

 

agencies within 30 months.

 

     Sec. 208. Unless otherwise specified, the department shall use

 

the Internet to fulfill the reporting requirements of this act.

 


This requirement may include transmission of reports via electronic

 

mail to the recipients identified for each reporting requirement or

 

it may include placement of reports on an Internet or Intranet

 

site.

 

     Sec. 209. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference should be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses, if they are competitively priced and of comparable

 

quality. In addition, preference should be given to goods or

 

services, or both, that are manufactured or provided by Michigan

 

businesses owned and operated by veterans, if they are

 

competitively priced and of comparable quality.

 

     Sec. 210. The director of each department receiving

 

appropriations in part 1 shall take all reasonable steps to ensure

 

businesses in deprived and depressed communities compete for and

 

perform contracts to provide services or supplies, or both. Each

 

director shall strongly encourage firms with which the department

 

contracts to subcontract with certified businesses in depressed and

 

deprived communities for services, supplies, or both.

 

     Sec. 211. The departments and agencies receiving

 

appropriations in part 1 shall receive and retain copies of all

 

reports funded from appropriations in part 1. The department shall

 

follow all federal guidelines and state laws regarding short-term

 

and long-term retention of records.

 

     Sec. 212. (1) Of the funds appropriated in part 1 for military

 


training sites and support facilities, there shall be established a

 

Michigan national guard education assistance program. Disbursements

 

to the educational assistance program shall not exceed

 

$1,100,000.00 without legislative approval. Under the program, a

 

member of the national guard who is in active service and who

 

enrolls as a full- or part-time student at a public or private

 

state college or university may be eligible to receive up to an

 

equivalent of 50% of the total cost of tuition not to exceed

 

$2,000.00, as education assistance, in any academic year.

 

     (2) As used in this section, an eligible person means a member

 

of the Michigan national guard who is in active service, as defined

 

in section 105 of the Michigan military act, 1967 PA 150, MCL

 

32.505. An eligible person does not include a member of the

 

Michigan national guard or air national guard who is absent without

 

leave or who is under charges as described in the Michigan code of

 

military justice of 1980, 1980 PA 523, MCL 32.1001 to 32.1148.

 

     (3) The department of military and veterans affairs, office of

 

the adjutant general shall administer the education assistance

 

program and prescribe forms and procedures to effectively carry out

 

the education assistance program.

 

     (4) An eligible person shall apply to the department of

 

military and veterans affairs, office of the adjutant general for

 

education assistance and shall provide evidence of attendance and

 

completion of the course of study with a grade of at least 2.0 on a

 

4.0 scale, or its equivalent. The adjutant general shall approve

 

the application for reimbursement if the applicant meets the

 

definition of an eligible person under subsection (2) and other

 


criteria as established by the adjutant general.

 

     (5) The education assistance program applies to any course of

 

instruction that is included in an associate, undergraduate, or

 

postgraduate degree program offered by a college or university of

 

this state.

 

     (6) The education assistance program applies to an eligible

 

person notwithstanding any other educational incentive or benefit

 

received by the eligible person under any other educational

 

assistance program provided by any other state.

 

     (7) An eligible person who successfully completes the course

 

of study with a grade of at least 2.0 on a 4.0 scale, or its

 

equivalent, shall be eligible for reimbursement.

 

     (8) The department of military and veterans affairs may use

 

funds from the appropriated funds to administer the education

 

assistance program.

 

     (9) Reimbursed members who do not complete their national

 

guard obligation shall pay the state for money received from the

 

state for tuition. Members who fail to repay the state within the

 

time limits established by the adjutant general shall be indebted

 

to the state. The department shall work in conjunction with the

 

department of treasury for inclusion in the tax intercept program

 

for amounts due the state.

 

     (10) A portion of the funds for the Michigan national guard

 

education assistance program may be used by the department for the

 

purpose of promoting the program and for encouraging those persons

 

the department wishes to have enlist or reenlist in the Michigan

 

national guard.

 


     Sec. 213. The department shall consult with the house and

 

senate appropriations subcommittees on military and veterans

 

affairs regarding the projected closing or consolidation of any

 

national guard armories.

 

     Sec. 214. It is the intent of the legislature that, should the

 

necessary legislation be enacted and funding become available,

 

funds be appropriated for state military cemeteries in Crawford and

 

Dickinson counties.

 

     Sec. 221. From the funds appropriated in part 1 for

 

information technology, departments and agencies shall pay user

 

fees to the department of information technology for technology-

 

related services and projects. These user fees shall be subject to

 

provisions of an interagency agreement between the departments and

 

agencies and the department of information technology.

 

     Sec. 223. Amounts appropriated in part 1 for information

 

technology may be designated as work projects and carried forward

 

to support technology projects under the direction of the

 

department of information technology. Funds designated in this

 

manner are not available for expenditure until approved as work

 

projects under section 451a of the management and budget act, 1984

 

PA 431, MCL 18.1451a.

 

     Sec. 225. (1) Due to the current budgetary problems in this

 

state, out-of-state travel for the fiscal year ending September 30,

 

2009 shall be limited to situations in which 1 or more of the

 

following conditions apply:

 

     (a) The travel is required by legal mandate or court order or

 

for law enforcement purposes.

 


     (b) The travel is necessary to protect the health or safety of

 

Michigan citizens or visitors or to assist other states in similar

 

circumstances.

 

     (c) The travel is necessary to produce budgetary savings or to

 

increase state revenues, including protecting existing federal

 

funds or securing additional federal funds.

 

     (d) The travel is necessary to comply with federal

 

requirements.

 

     (e) The travel is necessary to secure specialized training for

 

staff that is not available within this state.

 

     (f) The travel is financed entirely by federal or nonstate

 

funds.

 

     (2) If out-of-state travel is necessary but does not meet 1 or

 

more of the conditions in subsection (1), the state budget director

 

may grant an exception to allow the travel. Any exceptions granted

 

by the state budget director shall be reported on a monthly basis

 

to the senate and house of representatives standing committees on

 

appropriations.

 

     (3) Not later than January 1 of each year, each department

 

shall prepare a travel report listing all travel by classified and

 

unclassified employees outside this state in the immediately

 

preceding fiscal year that was funded in whole or in part with

 

funds appropriated in the department's budget. The report shall be

 

submitted to the chairs and members of the senate and house of

 

representatives standing committees on appropriations, the senate

 

and house fiscal agencies, and the state budget director. The

 

report shall include the following information:

 


     (a) The name of each person receiving reimbursement for travel

 

outside this state or whose travel costs were paid by this state.

 

     (b) The destination of each travel occurrence.

 

     (c) The dates of each travel occurrence.

 

     (d) A brief statement of the reason for each travel

 

occurrence.

 

     (e) The transportation and related costs of each travel

 

occurrence, including the proportion funded with state general

 

fund/general purpose revenues, the proportion funded with state

 

restricted revenues, the proportion funded with federal revenues,

 

and the proportion funded with other revenues.

 

     (f) A total of all out-of-state travel funded for the

 

immediately preceding fiscal year.

 

     Sec. 226. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 227. Sixty days prior to the public announcement of the

 

intention to sell any department property, the department shall

 

submit notification of that intent to the appropriate senate and

 

house appropriations subcommittees and the senate and house fiscal

 

agencies.

 

     Sec. 228. Funds appropriated in part 1 shall not be used by a

 

principal executive department, state agency, or authority to hire

 

a person to provide legal services that are the responsibility of

 

the attorney general. This prohibition does not apply to legal

 

services for bonding activities and for those activities that the

 

attorney general authorizes.

 


     Sec. 229. There is hereby created and established under the

 

jurisdiction and control of the department a revolving account to

 

be known as the regional training institute conference center

 

account. All of the fees and other revenues generated from the

 

operation of the regional training institute conference center

 

shall be deposited in the regional training institute conference

 

center account. Appropriations shall be made from the account for

 

the support of program operations and the maintenance and

 

operations of the regional training institute, the construction and

 

maintenance of morale, welfare, and recreation facilities on Fort

 

Custer or training areas within Michigan, and shall not exceed the

 

estimated revenues for the fiscal year in which they are made,

 

together with unexpended balances from prior years. The department

 

shall submit an annual report of operations and expenditures

 

regarding the regional training institute conference center account

 

to the senate and house of representatives standing committees on

 

appropriations, the senate and house fiscal agencies, and the state

 

budget director at the end of the fiscal year.

 

     Sec. 230. The regional training institute conference center

 

shall be available but not limited to the following:

 

     (a) Military personnel.

 

     (b) Federal, state, and local government agencies.

 

     (c) Educational institutions.

 

     (d) Nonprofit corporations or associations organized pursuant

 

to the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to

 

450.3192.

 

     (e) Community service clubs.

 


     (f) Groups of persons with disabilities.

 

     (g) Members of the legislature for the purposes related to the

 

business of the legislature.

 

     (h) Entities and organizations that wish to use the conference

 

center to host an event that has a military agenda.

 

     Sec. 231. (1) The department shall report no later than April

 

1, 2009 on each specific policy change made by the department to

 

implement a public act affecting that department that took effect

 

during the preceding calendar year. The department shall report to

 

the house and senate appropriations subcommittees on the budget for

 

the department, the joint committee on administrative rules, and

 

the senate and house fiscal agencies.

 

     (2) Funds appropriated in part 1 shall not be used by the

 

department to adopt a rule that will apply to a small business and

 

that will have a disproportionate economic impact on small

 

businesses because of the size of those businesses if the

 

department fails to reduce the disproportionate economic impact of

 

the rule on small businesses as provided under section 40 of the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.240.

 

     (3) As used in this section:

 

     (a) "Rule" means that term as defined under section 7 of the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.207.

 

     (b) "Small business" means that term as defined under section

 

7a of the administrative procedures act of 1969, 1969 PA 306, MCL

 

24.207a.

 

     Sec. 232. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $5,000,000.00 for

 


federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this act under section 393(2) of the management and budget act,

 

1984 PA 431, MCL 18.1393.

 

     (2) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $2,000,000.00 for state

 

restricted contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this act under section 393(2) of the management and budget act,

 

1984 PA 431, MCL 18.1393.

 

     (3) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $100,000.00 for local

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in this act

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     (4) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $100,000.00 for private

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in this act

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     Sec. 233. It is the intent of the legislature that the

 

department, working with counties and veterans service

 

organizations, create incentives for all counties in the state to

 

fund at least 1 full-time county veteran's counselor for the

 

purpose of assisting veterans with obtaining federal veterans

 


benefits that they may be eligible to receive. The incentives could

 

include, but not be limited to, matching funds or sharing IT

 

resources from the department for counties to use in maximizing

 

benefits received by Michigan veterans.

 

     Sec. 234. It is the intent of the legislature that the

 

department investigate methods to allow veterans to check the

 

status of their federal benefits claims through either online

 

resources or by telephone.

 

     Sec. 235. From the funds appropriated in part 1, the

 

department shall develop, post, and maintain, on a publicly

 

accessible Internet site, all expenditures made by the department

 

within the fiscal year. This posting shall include the purpose for

 

which each expenditure is made.

 

     Sec. 237. The department shall not approve the travel of more

 

than 1 departmental employee to a specific professional development

 

conference or training seminar that is located outside of this

 

state. The only exception to this travel restriction involves a

 

professional development conference or training seminar that is

 

funded by a federal or private funding source and requires more

 

than 1 person from a department to attend.

 

 

 

HEADQUARTERS AND ARMORIES

 

     Sec. 301. The department may charge reasonable rental and

 

equipment usage fees for renting an armory or using the distance

 

learning network. The fee shall include the cost of overtime

 

compensation, insurance coverage, and any maintenance required.

 

     Sec. 302. (1) The funds appropriated in this act for private

 


donations to the challenge program shall be considered state

 

restricted revenue, and unexpended funds remaining at the close of

 

the fiscal year shall not lapse to the general fund but shall be

 

carried forward to the subsequent fiscal year.

 

     (2) The department may charge a parent or guardian of a

 

participant in the challenge program a fee for participating in the

 

program if the participant is a member of a family with an income

 

that exceeds 200% of the federal poverty guidelines as published by

 

the United States department of health and human services. The

 

amount charged the parent or guardian shall not exceed the per-

 

student state share cost of administering the program. The parent

 

or guardian shall be notified of any charge to be assessed under

 

this subsection prior to enrollment of the child in the program.

 

     Sec. 304. The department will partner with the department of

 

human services to identify youth who may be eligible for the

 

challenge program from those youth served by department of human

 

services programs. These eligible youth shall be given priority for

 

enrollment in the program.

 

 

 

VETERANS SERVICE ORGANIZATIONS

 

     Sec. 501. (1) Money appropriated in part 1 for grants to

 

veterans service organizations shall be used only for salaries,

 

wages, related personnel costs, training, and equipment for

 

accredited veteran service advocacy officers and necessary support

 

and managerial staff. Training shall be provided for service

 

advocacy officers and shall be conducted by accredited advocacy

 

officers.

 


     (2) To receive a grant from the money appropriated in part 1,

 

a veterans service organization shall meet the following

 

eligibility requirements:

 

     (a) Be congressionally chartered by the United States

 

congress.

 

     (b) Be an active participating member of the Michigan veterans

 

organizations' rehabilitation and veterans service committee and

 

abide by its rules, guidelines, and programs.

 

     (c) Demonstrate the receipt of monetary or service support

 

from its own organization.

 

     (d) Comply with the department's and the legislature's

 

requirements of accounting audits, service work activity,

 

accounting of recoveries, listing of volunteer hours, budget

 

requests, and other requirements specified in subsection (3).

 

     (e) For a veterans service organization founded after

 

September 30, 1989, be in operation and providing service to

 

Michigan veterans for not less than 2 years before receiving an

 

initial state grant. During this 2-year period of time, the

 

organization shall file a listing of service work activity and an

 

accounting of recoveries with the department, the senate and house

 

fiscal agencies, the senate and house of representatives

 

appropriations subcommittees on military affairs, and the state

 

budget office on forms as prescribed by the department.

 

     (3) A veterans service organization receiving a grant from the

 

money appropriated in part 1 shall file with the department an

 

accounting of its expenditures, audited and certified by a

 

certified public accountant, within 120 days after the

 


organization's fiscal year end. Each organization shall provide a

 

detailed budget request for the fiscal year ending September 30,

 

2010 to the department by November 15, 2008. Each veterans service

 

organization shall provide 5 copies of a listing of all service

 

activity, an accounting of recoveries, and a listing of volunteer

 

hours for the fiscal year ending September 30, 2008 to the

 

department by January 31, 2009. Each organization shall include a

 

listing of expenditures by spending category, including a listing

 

of individual salaries of each officer and administrative staff.

 

The listing of volunteer hours shall include the hours, services,

 

and donations provided to residents of the Grand Rapids veterans'

 

home and the D.J. Jacobetti veterans' home. Each veterans service

 

organization shall provide a copy of the most recent and completed

 

internal revenue service form 990 to the department at the end of

 

the fiscal year ending September 30, 2008. A veterans service

 

organization receiving a grant from the money appropriated in part

 

1 shall use the forms recommended by the Michigan veterans

 

organizations rehabilitation and veterans service committee for

 

filing reports required by this act. The department shall forward

 

information required under this section to the senate and house

 

fiscal agencies, the senate and house of representatives

 

appropriations subcommittees on military affairs, and the state

 

budget office.

 

     (4) The veterans service directors committee and the

 

department shall take steps to improve the coordination of veterans

 

benefits counseling in the state to maximize the effective and

 

efficient use of taxpayer dollars in this goal and to ensure that

 


every veteran is served.

 

     (5) To accomplish the goal of subsection (4), the veterans

 

service directors committee and the department shall take steps to

 

increase their responsibility in the administration, management,

 

oversight, and outreach of the delivery of services to veterans.

 

The veterans service directors committee and the department shall

 

involve county veterans counselors and representatives from the

 

Michigan veterans trust fund to work in concert to identify,

 

implement, and evaluate steps to do all of the following:

 

     (a) Increase the veterans service directors committee and the

 

department's role in working directly with the United States

 

department of veterans' affairs to enhance the delivery of services

 

to Michigan veterans.

 

     (b) Increase the number of initial claims filed with the

 

United States department of veterans' affairs on behalf of veterans

 

for service-connected disability or pension benefits. The veterans

 

service directors committee and the department may work toward

 

either an absolute increase of approved claims or an increase in

 

the percentage of Michigan veterans with approved claims.

 

     (c) Develop methods to increase rates of recovery paid by the

 

United States department of veterans' affairs to Michigan veterans

 

either by an increase in compensation paid per approved claim or

 

increase in compensation paid on a per capita basis.

 

     (d) Expand training opportunities for veterans service

 

organization service officers.

 

     (e) Increase either the number or percentage of Michigan

 

veterans enrolled in the VA health care system.

 


     (f) Publicize the availability, benefit, and value of burial

 

in the Fort Custer and Great Lakes national cemeteries.

 

     (g) Review each grant recipient's performance under the

 

program and require that performance be a major consideration in

 

the future funding of each grant recipient.

 

     (h) Identify areas of redundancy which may exist among

 

services provided by veterans service organizations grantees,

 

Michigan veterans trust fund county committees, and county veterans

 

counselors and provide a proposal on how any redundancies may be

 

minimized and identify specific cost savings which could result.

 

     (6) The veterans service directors committee, the Michigan

 

association of county veterans counselors, and the department shall

 

create a report of the efforts to complete the goals outlined in

 

this section and shall provide suggestions on how a more effective

 

and efficient veterans' benefits counseling program may best be

 

designed for implementation for fiscal year 2009-2010. This report

 

shall be delivered to the house and senate appropriations

 

subcommittees no later than March 1, 2009.

 

 

 

VETERANS' HOMES

 

     Sec. 601. Appropriations in this act for the Grand Rapids

 

veterans' home and the D.J. Jacobetti veterans' home shall not be

 

used for any purpose other than for veterans and veterans'

 

families.

 

     Sec. 602. The Grand Rapids veterans' home and the D.J.

 

Jacobetti veterans' home, together with the department and the

 

department of management and budget, shall produce and deliver to

 


the senate and house of representatives appropriations

 

subcommittees on state police and military affairs an annual

 

written report. The report shall include an accounting of member

 

populations and bed space available; a description and accounting

 

of services and activities provided to members; financial

 

information; current state nursing home licensure status; the steps

 

required for Medicaid certification, including a listing of any

 

personnel, equipment, supplies, or budgetary increases required;

 

and whether or not steps are being taken toward Medicaid

 

certification. The annual report shall be submitted to the senate

 

and house of representatives appropriations subcommittees on

 

military affairs no later than February 1, 2009.

 

     Sec. 603. The money appropriated in this act for the boards of

 

managers may be expended for facility improvements, the purchase

 

and repair of equipment and furnishings, member services, and other

 

purposes that benefit the Grand Rapids veterans' home and the D.J.

 

Jacobetti veterans' home.

 

     Sec. 604. The department shall, prior to altering the spending

 

plan by the board of managers of post and posthumous funds, report

 

to the appropriate senate and house appropriations subcommittees 30

 

days prior to that action and shall indicate the rationale for that

 

decision.

 

 

 

VETERANS' TRUST FUND

 

     Sec. 703. By April 1, 2009, the department shall submit to the

 

senate and house of representatives appropriations subcommittees on

 

military affairs and the state budget office a detailed annual

 


report of the Michigan veterans' trust fund for fiscal year 2007-

 

2008. The report shall include information on grants provided from

 

the emergency grant program, including details concerning the

 

methodology of allocations, the selection of emergency grant

 

program authorized agents, and a detailed breakdown of trust fund

 

expenditures for that year. The report shall also provide an update

 

on the department's efforts to reduce program administrative costs

 

and restore the Michigan veterans' trust fund corpus to its

 

original amount of $50,000,000.00.

 

     Sec. 704. The Michigan veterans affairs directorate

 

administration and the Michigan veterans' trust fund administration

 

shall take steps to assist the county veterans counselors of the

 

state to obtain training necessary for the execution of their

 

duties.