SB-0861, As Passed Senate, May 3, 2018

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 861

 

 

 

(as amended May 3, 2018)

 

 

 

 

 

 

 

 

     A bill to make appropriations for the department of military

 

and veterans affairs for the fiscal year ending September 30, 2019;

 

and to provide for the expenditure of the appropriations.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. There is appropriated for the department of military

 

and veterans affairs for the fiscal year ending September 30, 2019,

 

from the following funds:

 

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

 

APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 9.0

 

   Full-time equated classified positions.......... 904.5

 

GROSS APPROPRIATION.................................... $  <<191,166,100>>


Senate Bill No. 861 as amended May 3, 2018

 

   Interdepartmental grant revenues:

 

IDG from department of state police....................           101,800

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................           101,800

 

ADJUSTED GROSS APPROPRIATION........................... $  <<191,064,300>>

 

Federal revenues:

 

Other federal revenues.................................        98,170,200

 

Total federal revenues.................................        98,170,200

 

   Special revenue funds:

 

Local revenues.........................................         1,545,400

 

Total local revenues...................................         1,545,400

 

Private revenues.......................................           630,000

 

Total private revenues.................................           630,000

 

Other state restricted revenues........................        23,279,500

 

Total other state restricted revenues..................        23,279,500

 

State general fund/general purpose..................... $    <<67,439,200>>

 

    State general fund/general purpose schedule:

 

   Ongoing state general fund/general

 

    purpose............................... <<65,439,200>>

 

   One-time state general fund/general

 

    purpose.................................... 2,000,000

 

   Sec. 102. MILITARY

 

   Full-time equated unclassified positions.......... 9.0

 

   Full-time equated classified positions.......... 333.0

 

Unclassified salaries.................................. $      1,497,700

 

Departmentwide.........................................         1,876,300

 

Headquarters and armories--86.0 FTE positions..........        17,452,100


Michigan youth challeNGe program--50.0 FTE positions...         5,323,000

 

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

 

Military training sites and support

 

   facilities--195.0 FTE positions......................        34,911,300

 

National Guard operations..............................           398,200

 

National Guard tuition assistance fund--2.0 FTE

 

   positions............................................         6,506,700

 

Starbase grant.........................................         2,322,000

 

GROSS APPROPRIATION.................................... $     70,887,300

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of state police....................           101,800

 

   Federal revenues:

 

Other federal revenues.................................        47,661,000

 

   Special revenue funds:

 

Local revenues.........................................         1,545,400

 

Private revenues.......................................            90,000

 

Other state restricted revenues........................         2,433,200

 

State general fund/general purpose..................... $     19,055,900

 

   Sec. 103. MICHIGAN VETERANS AFFAIRS AGENCY

 

   Full-time equated classified positions.......... 224.5

 

Board of managers (veterans homes)..................... $        940,000

 

D.J. Jacobetti home for veterans--179.5 FTE positions..        23,687,200

 

Michigan veterans affairs agency

 

   administration--39.0 FTE positions...................         7,136,500

 

Michigan veterans facility authority...................         1,500,000

 

Veterans trust fund administration--6.0 FTE positions..         1,480,100


Senate Bill No. 861 as amended May 3, 2018

 

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

 

Targeted grants........................................           200,000

 

Veterans service grants................................         3,912,200

 

GROSS APPROPRIATION.................................... $     42,602,500

 

    Appropriated from:

 

   Federal revenues:

 

Other federal revenues.................................         8,516,300

 

   Special revenue funds:

 

Private revenues.......................................           540,000

 

Other state restricted revenues........................        10,833,900

 

State general fund/general purpose..................... $     22,712,300

 

   Sec. 104. GRAND RAPIDS HOME FOR VETERANS

 

   Full-time equated classified positions.......... 347.0

 

Veterans home operations............................... $    <<8,989,800>>

 

Purchased services.....................................        10,342,700

 

Salaries, wages, and fringe benefits--347.0 FTE

 

   positions............................................        31,536,800

 

GROSS APPROPRIATION.................................... $   <<50,869,300>>

 

    Appropriated from:

 

   Federal revenues:

 

Other federal revenues.................................        21,413,900

 

   Special revenue funds:

 

Other state restricted revenues........................         6,693,000

 

State general fund/general purpose..................... $   <<22,762,400>>

 

   Sec. 105. CAPITAL OUTLAY

 

Land and acquisitions.................................. $      2,900,000

 

Special maintenance - National Guard...................        20,000,000


Special maintenance - veterans homes...................           500,000

 

GROSS APPROPRIATION.................................... $     23,400,000

 

    Appropriated from:

 

   Federal revenues:

 

Other federal revenues.................................        20,000,000

 

   Special revenue funds:

 

Other state restricted revenues........................         2,900,000

 

State general fund/general purpose..................... $        500,000

 

   Sec. 106. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $       1,407,000

 

GROSS APPROPRIATION.................................... $       1,407,000

 

    Appropriated from:

 

   Federal revenues:

 

Other federal revenues.................................           579,000

 

   Special revenue funds:

 

Other state restricted revenues........................           419,400

 

State general fund/general purpose..................... $        408,600

 

   Sec. 107. ONE-TIME APPROPRIATIONS

 

Armory maintenance..................................... $      1,000,000

 

Vietnam veterans outreach..............................         1,000,000

 

GROSS APPROPRIATION.................................... $      2,000,000

 

    Appropriated from:

 

State general fund/general purpose..................... $      2,000,000

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 


Senate Bill No. 861 as amended May 3, 2018

 

FOR FISCAL YEAR 2018-2019

 

GENERAL SECTIONS

 

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

 

constitution of 1963, total state spending from state sources under

 

part 1 for fiscal year 2018-2019 is $<<90,718,700.00>> and state

 

spending from state sources to be paid to local units of government

 

for fiscal year 2018-2019 is $142,400.00. The itemized statement

 

below identifies appropriations from which spending to local units

 

of government will occur:

 

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

 

Michigan veterans affairs agency administration........ $         90,000

 

Military training sites and support facilities......... $          52,400

 

TOTAL.................................................. $        142,400

 

     Sec. 202. The appropriations authorized under this part and

 

part 1 are subject to the management and budget act, 1984 PA 431,

 

MCL 18.1101 to 18.1594.

 

     Sec. 203. As used in this part and part 1:

 

     (a) "Core services" means that term as defined in section 373

 

of the management and budget act, 1984 PA 431, MCL 18.1373.

 

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

 

affairs.

 

     (c) "Director" means the director of the department.

 

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

 

     (e) "HVAC" means heating, ventilation, and air conditioning.

 

     (f) "IDG" means interdepartmental grant.

 

     (g) "Michigan veterans' facility authority" means the

 

authority created under section 3 of the Michigan veterans'


facility authority act, 2016 PA 560, MCL 36.103.

 

     (h) "MVAA" means the Michigan veterans affairs agency.

 

     (i) "Subcommittees" means the subcommittees of the senate and

 

house appropriations committees with jurisdiction over the budget

 

of the department.

 

     (j) "Support services" means an activity, such as information

 

technology, accounting, human resources, legal, and other support

 

functions that are required to support the ongoing delivery of core

 

services.

 

     (k) "USDVA" means the United States Department of Veterans

 

Affairs.

 

     (l) "USDVA-VHA" means the USDVA Veterans Health

 

Administration.

 

     (m) "VSO" means veterans service organization.

 

     (n) "Work project" means that term as defined in section 404

 

of the management and budget act, 1984 PA 431, MCL 18.1404, and

 

that meets the criteria in section 451a(1) of the management and

 

budget act, 1984 PA 431, MCL 18.1451a.

 

     Sec. 204. The department and agencies receiving appropriations

 

in part 1 shall use the internet to fulfill the reporting

 

requirements of this part. 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. 205. 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 must 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 shall 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. 206. The director 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. The

 

director shall strongly encourage firms with which the department

 

contracts to subcontract with certified businesses in depressed and

 

deprived communities for services or supplies, or both.

 

     Sec. 207. The department and agencies receiving appropriations

 

in part 1 shall prepare a report on out-of-state travel expenses

 

not later than January 1 of each year. The travel report shall be a

 

listing of 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 department and agencies shall submit the

 

report to the senate and house appropriations committees, the house

 

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

 

report shall include the following information:

 

     (a) The dates of each travel occurrence.

 

     (b) 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.

 

     Sec. 208. 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 outside services that

 

the attorney general authorizes.

 

     Sec. 209. Not later than November 30, the state budget office

 

shall prepare and transmit a report that provides for estimates of

 

the total general fund/general purpose appropriation lapses at the

 

close of the immediately preceding fiscal year. This report shall

 

summarize the projected year-end general fund/general purpose

 

appropriation lapses by major departmental program or program

 

areas. The report shall be transmitted to the chairpersons of the

 

senate and house appropriations committees, the subcommittees, and

 

the senate and house fiscal agencies.

 

     Sec. 210. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $12,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in part 1 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 $3,000,000.00 for state

 

restricted contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item


in part 1 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 $500,000.00 for local

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

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 part 1

 

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

 

MCL 18.1393.

 

     Sec. 211. The department shall cooperate with the department

 

of technology, management and budget to maintain a searchable

 

website accessible by the public at no cost that includes, but is

 

not limited to, all of the following:

 

     (a) Fiscal year-to-date expenditures by category.

 

     (b) Fiscal year-to-date expenditures by appropriation unit.

 

     (c) Fiscal year-to-date payments to a selected vendor,

 

including the vendor name, payment date, payment amount, and

 

payment description.

 

     (d) The number of active department employees by job

 

classification.

 

     (e) Job specifications and wage rates.

 

     Sec. 212. Within 14 days after the release of the executive


budget recommendation for that respective fiscal year, the

 

department shall cooperate with the state budget office to provide

 

the senate and house appropriations chairs, the senate and house

 

appropriations subcommittees chairs, and the senate and house

 

fiscal agencies with an annual report on estimated state restricted

 

fund balances, state restricted fund projected revenues, and state

 

restricted fund expenditures for the fiscal years ending September

 

30, 2018 and September 30, 2019.

 

     Sec. 213. The department shall maintain, on a publicly

 

accessible website, a department scorecard that identifies, tracks,

 

and regularly updates key metrics that are used to monitor and

 

improve the department's performance.

 

     Sec. 214. Total authorized appropriations from all sources

 

under part 1 for legacy costs for the fiscal year ending September

 

30, 2019 are estimated at $17,509,500.00. From this amount, total

 

agency appropriations for pension-related legacy costs are

 

estimated at $8,072,200.00. Total agency appropriations for retiree

 

health care legacy costs are estimated at $9,437,300.00.

 

     Sec. 215. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 216. The department shall provide quarterly reports to

 

the subcommittees on military and veterans affairs, the senate and

 

house fiscal agencies, and the state budget office, which shall

 

provide the following data:

 

     (a) A list of all major work projects, including a status

 

report of each project.


     (b) The department's financial status, featuring a report of

 

budgeted versus actual expenditures by part 1 line item including a

 

year-end projection of budget requirements. If projected department

 

budget requirements exceed the allocated budget, the report shall

 

include a plan to reduce overall expenses while still satisfying

 

specified service level requirements.

 

     (c) A report on the status of performance metrics cited in

 

this part and information required to be reported in this part.

 

     (d) The number of active employees at the close of the fiscal

 

quarter by job classification and program.

 

     (e) Evidence of efficiencies and management of funds within

 

established appropriations.

 

     Sec. 217. The appropriations in part 1 are for the core

 

services, support services, and work projects of the department,

 

including, but not limited to, the following core services:

 

     (a) Armories and joint force readiness.

 

     (b) National Guard training facilities and air bases.

 

     (c) Michigan youth challeNGe academy.

 

     (d) Military family relief fund.

 

     (e) Starbase grant.

 

     (f) National Guard tuition assistance program.

 

     (g) Michigan veterans affairs agency administration.

 

     (h) Veterans service grants.

 

     (i) Veterans' trust fund administration.

 

     (j) Veterans' trust fund grants.

 

     (k) Board of managers (veterans homes).

 

     (l) Grand Rapids home for veterans.


     (m) D.J. Jacobetti home for veterans.

 

     (n) Michigan veterans' facility authority.

 

     Sec. 218. The appropriations in part 1 for capital outlay

 

shall be carried forward at the end of the fiscal year consistent

 

with section 248 of the management and budget act, 1984 PA 431, MCL

 

18.1248.

 

     Sec. 219. Sixty days prior to the public announcement of the

 

intention to sell any department real property, the department

 

shall submit notification of that intent to the subcommittees on

 

military and veterans affairs and the senate and house fiscal

 

agencies.

 

 

 

MILITARY

 

     Sec. 301. (1) From the funds appropriated in part 1, there is

 

funding to support unclassified employee positions as authorized by

 

section 5 of article XI of the state constitution of 1963. These

 

positions include the following: department director - the adjutant

 

general for Michigan; assistant adjutant general - army; assistant

 

adjutant general - installations; assistant adjutant general - air;

 

senior policy executive - Michigan veterans affairs agency; senior

 

deputy director – state operations; director - strategy and policy;

 

chief executive officer for the veteran health system; and director

 

- Michigan veterans affairs agency.

 

     (2) Not less than 30 days prior to the department submitting a

 

request for an additional unclassified employee position from the

 

civil service commission, or for any substantive change to the

 

duties of an existing unclassified employee position, the

 


department shall notify the subcommittees on military and veterans

 

affairs and the senate and house fiscal agencies.

 

     Sec. 302. (1) From the funds appropriated in part 1 for

 

military operations, effective and efficient executive direction

 

and administrative leadership shall be provided to the department.

 

     (2) The department shall operate and maintain National Guard

 

armories.

 

     (3) The department shall evaluate armories and submit a

 

quarterly report on the status of the armories.

 

     (4) The department shall maintain a system to measure the

 

condition and adequacy of the armories.

 

     (5) The Michigan Army National Guard and Air National Guard

 

shall work to provide a culture that is free of sexual assault,

 

through an environment of prevention, education and training,

 

response capability, victim support, reporting procedures, and

 

appropriate accountability that enhances the safety and well-being

 

of all guard members.

 

     (6) By December 1, the department shall report the following

 

information to the subcommittees on military and veterans affairs,

 

the senate and house fiscal agencies, and the state budget office:

 

     (a) An assessment of the grounds and facilities of each armory

 

to objectively measure and determine the current facility condition

 

and capability to support authorized manpower, unit training, and

 

operations.

 

     (b) Recommendations for the placement of new armories, the

 

relocation or consolidation of existing armories, or a change in

 

the mission of units assigned to armories to ideally position the


National Guard in current or projected population centers.

 

     (c) Recommendations for the enhanced use of armories to

 

facilitate family support programs during deployments.

 

     (d) An analysis of the feasibility, potential costs, and

 

benefits of use of armories shared with other local, state, or

 

federal agencies to improve responses to local emergencies as well

 

as the community support provided to armories.

 

     (e) An investment strategy and proposed funding amounts in a

 

prioritized project list to correct the most critical facility

 

shortfalls across the inventory of armories in this state.

 

     Sec. 303. (1) The department shall maintain the Michigan youth

 

challeNGe academy to provide values, skills, education, and self-

 

discipline instruction for at-risk youth as provided under 32 USC

 

509.

 

     (2) The department shall take steps to recruit candidates to

 

the challeNGe academy from economically disadvantaged areas,

 

including those with low-income and high-unemployment backgrounds.

 

     (3) The department shall partner with the department of health

 

and human services to identify youth who may be eligible for the

 

challeNGe academy from those youth served by department of health

 

and human services programs. These eligible youth shall be given

 

priority for enrollment in the academy.

 

     (4) The department shall maintain the staffing and resources

 

necessary to train at least 114 students per cohort (228 annually).

 

     (5) The department shall ensure individual academic success as

 

measured by the number of individuals who have received a general

 

equivalency diploma, high school diploma, or high school credit


recovery or by the improvement of tests of adult basic education

 

scores, or both.

 

     (6) Any unexpended private donations to support the Michigan

 

youth challeNGe academy at the close of this fiscal year shall not

 

lapse to the general fund but shall be carried forward to the

 

subsequent fiscal year.

 

     Sec. 304. (1) The department shall provide grants for

 

disbursement from the military family relief fund, as provided

 

under the military family relief fund act, 2004 PA 363, MCL 35.1211

 

to 35.1216, and R 200.5 to R 200.95 of the Michigan Administrative

 

Code.

 

     (2) The department shall provide information on the revenues,

 

expenditures for advertising and assistance grants, and fund

 

balance of the Michigan military family relief fund, as provided

 

under section 216 of this part.

 

     (3) The department shall provide sufficient staffing and other

 

resources to provide outreach to the Michigan families of members

 

of the reserve component of the Armed Forces of the United States

 

called into active duty and to support the processing and approval

 

of grant applications for this fiscal year under the Michigan

 

military relief fund and report those applications as provided in

 

section 216 of this part.

 

     Sec. 305. (1) The department shall provide Army and Air

 

National Guard forces, when directed, for state and local

 

emergencies and in support of national military requirements.

 

     (2) The department shall operate and maintain Army National

 

Guard training facilities, including Fort Custer and Camp Grayling.


     (3) The department shall maintain a system that measures the

 

condition and adequacy of air facilities using both quality and

 

functionality criteria.

 

     (4) The department shall operate and maintain Air National

 

Guard air bases, including Selfridge Air National Guard base,

 

Battle Creek Air National Guard base, and Alpena combat readiness

 

training center.

 

     (5) The department shall provide the following information as

 

provided under section 216 of this part:

 

     (a) The apportioned and assigned strength of the Michigan Army

 

National Guard.

 

     (b) The apportioned and assigned strength of the Michigan Air

 

National Guard.

 

     (c) Recruiting, retention, and attrition data, including

 

measurement against stated performance goals, for the Michigan Army

 

National Guard.

 

     (d) Recruiting, retention, and attrition data, including

 

measurement against stated performance goals, for the Michigan Air

 

National Guard.

 

     Sec. 306. There is created and established under the

 

jurisdiction and control of the department a revolving account to

 

be known as the billeting fund account. All of the fees and other

 

revenues generated from the operation of the chargeable transient

 

quarters program shall be deposited in the billeting fund account.

 

Appropriations will be made from the account for the support of

 

program operations and the maintenance and operations of the

 

chargeable transient quarters program and will 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 billeting fund account to the appropriations

 

committees of the senate and house of representatives, the senate

 

and house fiscal agencies, and the state budget office at the end

 

of the fiscal year.

 

     Sec. 307. (1) The department shall maintain a National Guard

 

tuition assistance program for members of the Michigan Army and Air

 

National Guard.

 

     (2) The objective of the National Guard tuition assistance

 

program is to bolster military readiness by increasing recruitment

 

and retention of Michigan Army and Air National Guard service

 

members, to fill federally authorized strength levels for the

 

state, to improve the Michigan Army and Air National Guard's

 

competitive draw from other military enlistment options in the

 

state, to enhance the ability of the Michigan Army and Air National

 

Guard to compete for members and federal dollars with surrounding

 

states, and to increase the pool of eligible candidates within the

 

Michigan Army and Air National Guard to become commissioned

 

officers.

 

     (3) The department shall make efforts to increase the number

 

of Michigan Army and Air National Guard members participating in

 

the program to 1,100 during the fifth year of the program's

 

existence. To evaluate the effectiveness of the program, the

 

department shall monitor the number of new recruits and new

 

reenlistments and the percentage of those who become participants


in the program to determine whether the percentage of authorized

 

Michigan Army and Air National Guard strength obtained and retained

 

is competitive in comparison with the neighboring army and air

 

national guards from Illinois, Indiana, Ohio, and Wisconsin.

 

     (4) The general fund/general purpose funds appropriated in

 

part 1 for the National Guard tuition assistance fund shall be

 

deposited to the restricted Michigan National Guard tuition

 

assistance fund created in section 4 of the Michigan National Guard

 

tuition assistance act, 2014 PA 259, MCL 32.434. All funds in the

 

restricted Michigan National Guard tuition assistance fund are

 

appropriated and available for expenditure to support the Michigan

 

National Guard tuition assistance program.

 

     Sec. 308. The department shall maintain the starbase program

 

at Air National Guard facilities, as provided under 10 USC 2193b,

 

to improve the knowledge, skills, and interest of students,

 

primarily in the fifth grade, in math, science, and technology. The

 

starbase program is to specifically target minority and at-risk

 

students for participation.

 

 

 

MICHIGAN VETERANS AFFAIRS AGENCY

 

     Sec. 401. The board of managers and Michigan veterans'

 

facility authority shall exercise certain regulatory and governance

 

authority regarding admission and member affairs at the Grand

 

Rapids and D.J. Jacobetti homes for veterans. The board of managers

 

shall also work to represent the interest of the veterans'

 

community in both advisory and advocacy roles.

 

     Sec. 402. (1) The MVAA, the board of managers, and the

 


Michigan veterans' facility authority shall provide compassionate

 

and quality nursing and domiciliary care services at the Grand

 

Rapids and D.J. Jacobetti homes for veterans so that members can

 

achieve their highest potential of wellness, independence, self-

 

worth, and dignity.

 

     (2) The department shall provide resources necessary to

 

provide nursing care services to veterans in accordance with

 

federal standards and provide the results of the annual USDVA

 

survey and certification as proof of compliance.

 

     (3) Appropriations in part 1 for the Grand Rapids and the D.J.

 

Jacobetti homes for veterans shall not be used for any purpose

 

other than for veterans and veterans' families.

 

     (4) Any contractor providing competency evaluated nursing

 

assistants (CENA) to the Grand Rapids home for veterans shall

 

ensure that each CENA has at least 8 hours of training on

 

information provided by the home.

 

     (5) Any contractor providing competency evaluated nursing

 

assistants to the Grand Rapids home for veterans shall ensure that

 

each CENA has at least 1 eight-hour shift of shadowing at the

 

veterans' home.

 

     (6) Any contractor providing competency evaluated nursing

 

assistants to the Grand Rapids home for veterans shall ensure that

 

each CENA is competent in the basic skills needed to perform his or

 

her assigned duties at the home.

 

     (7) The Grand Rapids home for veterans shall provide each CENA

 

at least 12 hours of in-service training once that individual has

 

been assigned to the home.


     (8) All complaints of abusive or neglectful care at the Grand

 

Rapids and the D.J. Jacobetti homes for veterans by a resident

 

member, a resident member's family or legal guardian, or staff of

 

the veterans' homes received by a supervisor shall be referred to

 

the director of nursing or his or her designee upon receipt of the

 

complaint. The director of nursing or his or her designee shall

 

report on not less than a monthly basis, except that the board of

 

managers may specify a more frequent reporting period to the home

 

administrator, board of managers, agency, subcommittees, senate and

 

house fiscal agencies, and state budget office the following

 

information:

 

     (a) A description of the process by which resident members and

 

others may file complaints of alleged abuse or neglect at the Grand

 

Rapids and the D.J. Jacobetti homes for veterans.

 

     (b) Summary statistics on the number and general nature of

 

complaints of abuse or neglect.

 

     (c) Summary statistics on the final disposition of complaints

 

of abuse or neglect received.

 

     (9) The Grand Rapids and D.J. Jacobetti homes for veterans

 

shall provide an on-site, board-certified psychiatrist for all

 

resident members with mental health disorders in order to ensure

 

that those resident members receive needed services in a

 

professional and timely manner. The Grand Rapids and D.J. Jacobetti

 

homes for veterans shall provide all members and staff a safe and

 

secure environment.

 

     (10) The Grand Rapids and D.J. Jacobetti homes for veterans

 

shall ensure that they effectively develop, execute, and monitor


all comprehensive care plans in accordance with federal regulations

 

and their internal policies, with a goal that a comprehensive care

 

plan is fully developed for all resident members.

 

     (11) The Grand Rapids and D.J. Jacobetti homes for veterans

 

shall implement controls over their food, maintenance supplies,

 

pharmaceuticals, and medical supplies inventories.

 

     (12) The Grand Rapids and D.J. Jacobetti homes for veterans

 

shall establish sufficient controls for calculating resident member

 

maintenance assessments in order to accurately calculate resident

 

member maintenance assessments for each billing cycle. The Grand

 

Rapids and D.J. Jacobetti homes for veterans shall establish

 

sufficient controls to ensure that all past due resident member

 

maintenance assessments are addressed within 30 days.

 

     (13) The Grand Rapids and D.J. Jacobetti homes for veterans

 

shall establish sufficient controls over monetary donations and

 

donated goods.

 

     (14) The Grand Rapids and D.J. Jacobetti homes for veterans

 

shall implement sufficient controls over the handling of resident

 

member funds to ensure the release of funds within 3 business days

 

upon the resident member leaving the home and to ensure that a

 

representative of a resident member is provided a full accounting

 

of that resident member's funds within 10 business days of the

 

death of that resident member.

 

     (15) The MVAA shall post on its website all policies adopted

 

by the board of managers, the Michigan veterans' facility

 

authority, and the veterans' homes related to the administrative

 

operations of the veterans' homes.


     (16) The process by which visitors, residents, and employees

 

of the Grand Rapids and D.J. Jacobetti homes for veterans may

 

register complaints shall be displayed in high-traffic areas

 

throughout the home.

 

     (17) The MVAA shall report its findings regarding the state

 

veterans' homes' compliance with the requirements and standards

 

under this section in a quarterly report to the legislature and the

 

state budget office. The quarterly reports shall include, but are

 

not limited to, all of the following information:

 

     (a) Quality of care metrics, including:

 

     (i) The number of patient care hours and staffing levels

 

measured against USDVA-VHA standards.

 

     (ii) Sentinel events reported to the USDVA.

 

     (iii) Fall and wound reports.

 

     (iv) Complaint reports, including abuse and neglect complaints

 

and outcomes of complaint investigations.

 

     (v) Additional minimum data set quality of care indicators

 

used to measure quality of care in long-term care facilities.

 

     (b) Quarterly budget update.

 

     (c) An accounting of resident member populations at the Grand

 

Rapids and D.J. Jacobetti homes for veterans as follows:

 

     (i) By demographics, including period of service, gender, and

 

age.

 

     (ii) By care setting, payment source, and associated revenue

 

projections.

 

     (d) Updates related to the modernization of the Grand Rapids

 

and D.J. Jacobetti homes for veterans, including information


Senate Bill No. 861 as amended May 3, 2018

 

related to the following:

 

     (i) Infrastructure/capital outlay improvements.

 

     (ii) Information technology updates.

 

     (iii) Financial management.

 

     (e) Updates on corrective action status related to any audit

 

and survey findings until those findings have been fully addressed.

 

     (18) The Grand Rapids and D.J. Jacobetti homes for veterans

 

shall provide to the subcommittees on military and veterans

 

affairs, the senate and house fiscal agencies, and the state budget

 

office the results of any annual or for-cause survey conducted by

 

the USDVA-VHA and any corresponding corrective action plan. This

 

information shall also be made available publicly through the

 

department's or MVAA's website.

 

     (19) The MVAA shall provide to the legislature and the state

 

budget office quarterly reports regarding the status of Medicaid

 

certification efforts, including, but not limited to, descriptions

 

of incremental milestones, associated expenditures, and the

 

percentage of plan completed.

     <<(20) From the funds appropriated in part 1 for veterans home operations, $100.00 shall be expended for a member in-room safety monitoring pilot program at the Grand Rapids home for veterans. The purpose of the pilot program is to determine if a specific, existing video monitoring system can improve member safety and reduce fall rates at the Grand Rapids home for veterans. In order to achieve this goal, the department shall contract with a third party that has developed a best-in-class, continuous virtual patient engagement platform that enables both visual and audio monitoring of members.>>

     Sec. 403. (1) From the increased funds appropriated in part 1

 

for the D.J. Jacobetti home for veterans, the department shall

pursue compliance with current Centers for Medicare and Medicaid

Services certification standards. The purpose of this expansion is

to obtain Medicaid certification by October 1, 2018, to increase

the ability to fully utilize all federal funding available to cover

the cost of care of eligible veterans living at the D.J. Jacobetti

home for veterans, and to improve overall quality of care for all

veterans living at the D.J. Jacobetti home for veterans.


     (2) The department shall identify specific outcomes and

 

performance measures for this initiative, including, but not

 

limited to, the following:

 

     (a) The quality of care to members of the D.J. Jacobetti home

 

for veterans shall increase as a result of increased direct care

 

staffing ratios.

 

     (b) The quality of the care environment at the D.J. Jacobetti

 

home for veterans shall increase as a result of facility updates

 

made according to Medicaid specifications to increase members'

 

access to private and semi-private accommodations.

 

     (c) The quality of care for members of the D.J. Jacobetti home

 

for veterans shall increase as a result of increased ability

 

efforts to implement long-term care, evidence-based best practices

 

at the D.J. Jacobetti home for veterans.

 

     (d) The collection of available federal Medicaid revenue shall

 

increase as a result of Medicaid certification.

 

     (e) The fiscal stability of the D.J. Jacobetti home for

 

veterans shall improve due to increased efforts to collect

 

available federal revenue.

 

     Sec. 404. The department shall ensure that the quality of care

 

for members of the Grand Rapids and D.J. Jacobetti homes for

 

veterans shall exceed the current quality of care for the full

 

spectrum of health care services as a result of the upgrades made

 

to the homes to meet the Centers for Medicare and Medicaid Services

 

certification standards. The department shall provide a quarterly

 

report to the subcommittees, which contains evidence that the

 

quality of care for the full spectrum of health care services has


improved due to those upgrades.

 

     Sec. 405. (1) The MVAA shall provide a report, as provided

 

under section 216 of this part, on the financial status of the

 

Michigan veterans' trust fund, including the number and amount of

 

emergency grants, state administrative expenses, and county

 

administrative expenses.

 

     (2) The Michigan veterans' trust fund board together with the

 

agency shall maintain the staffing and resources necessary to

 

process a minimum of 2,000 applications for veterans' trust fund

 

emergency grants.

 

     Sec. 406. (1) The MVAA shall provide outreach services to

 

Michigan veterans to advise them on the benefits to which they are

 

entitled, as provided under Executive Reorganization Order No.

 

2013-2, MCL 32.92. The MVAA shall also do the following:

 

     (a) Maintain the staffing partnerships and other resources

 

necessary to develop and operate an outreach program that

 

communicates benefit eligibility information to at least 50% of

 

Michigan's population of veterans, as assessed by annual census

 

estimates, with a goal of reaching 100% and enabling 100% to access

 

benefit information online.

 

     (b) Communicate veteran benefit information pertaining to the

 

Michigan military family relief fund, Michigan veterans' trust

 

fund, and USDVA health, financial, and memorial benefits to which

 

veterans are entitled.

 

     (c) Provide sufficient staffing and other resources to approve

 

requests for military discharge certificates (DD-214) annually.

 

     (d) Continue the process to digitize all medical records,


military discharge documents, and burial records that are currently

 

on paper and microfilm.

 

     (e) Provide a report, as provided under section 216 of this

 

part, on the MVAA's performance on the performance measures,

 

outcomes, and initiatives developed by the agency in the strategic

 

plan required by section 501 of 2013 PA 9.

 

     (f) Provide a report to the subcommittees on military and

 

veterans affairs, the senate and house fiscal agencies, and the

 

state budget office no later than April 1 providing, to the extent

 

known, data on the estimated number of homeless veterans, by

 

county, in this state.

 

     (2) From the funds appropriated in part 1, the MVAA shall

 

provide for the regional coordination of services, as follows:

 

     (a) Regional coordinators shall be selected by the MVAA

 

through a grant agreement with VSOs or by other means.

 

     (b) Regional coordinators shall provide the following

 

services:

 

     (i) Coordinate with veteran benefit counselors throughout a

 

specified region.

 

     (ii) Coordinate services with the department of health and

 

human services and the department of corrections.

 

     (iii) Coordinate with regional workforce and economic

 

development agencies.

 

     (iv) Coordinate with local foundations, nonprofit

 

organizations, and community groups to improve accessibility,

 

enrollment, and utilization of the array of health care, education,

 

employment assistance, and quality of life services provided at the


local level.

 

     (c) The MVAA may work with MVAA service officers, regional

 

coordinators, county veteran counselors, VSO service officers, and

 

other service providers to incorporate the provision of information

 

relating to mental health care resources into their daily

 

operations to aid veterans in understanding the mental health care

 

support services they may be eligible to receive.

 

     (d) The MVAA shall coordinate with the department of health

 

and human services to identify Medicaid recipients who are veterans

 

and who may be eligible for federal veterans health care benefits

 

or other benefits, to the extent that the identification does not

 

violate applicable confidentiality requirements.

 

     (e) The MVAA shall collaborate with the department of

 

corrections to create and maintain a process by which prisoners can

 

obtain a copy of their DD-214 form or other military discharge

 

documentation if necessary.

 

     (f) The MVAA shall ensure that all MVAA service officers, VSO

 

service officers, and regional coordinators receive appropriate

 

training in processing applications for benefits payable to

 

veterans due to military sexual trauma, post-traumatic stress

 

disorder, depression, anxiety, substance abuse, or other mental

 

health issues.

 

     (3) The MVAA shall provide claims processing services to

 

Michigan veterans in support of benefit claims submitted to the

 

USDVA for the health, financial, and memorial benefits for which

 

they are eligible, and shall do all of the following:

 

     (a) Report the following information as provided in section


216 of this part:

 

     (i) The number of benefit claims, by type, submitted to the

 

USDVA by MVAA and coalition partner veteran service officers.

 

     (ii) The number of fully developed claims submitted to the

 

USDVA, with an overall goal of 40% of benefit claims submitted that

 

are considered fully developed by the USDVA.

 

     (b) Maintain the staffing and resources necessary to process a

 

minimum of 500 claims per year.

 

     (4) The MVAA shall maintain staffing and resources necessary

 

to develop and implement a process to ensure that all county

 

counselors receive the training and accreditation necessary to

 

provide quality services to veterans. The MVAA shall report

 

information as provided in section 216 of this part on the number

 

and percentage of county veterans counselors trained by the MVAA,

 

with an overall goal of 100% of county veterans counselors trained.

 

     (5) From the funds appropriated in part 1 for MVAA operations,

 

the MVAA shall provide grant assistance to enhance the capacity and

 

capabilities of counties in providing benefit claims assistance.

 

These funds must be used to continue the implementation of an

 

internet-based data system, to increase the number of county

 

veterans counselors, and to increase the number of counties that

 

provide service to veterans through county veterans counselors. The

 

MVAA shall provide a report, as provided in section 216 of this

 

part, on the expenditures and activities of the grant funds

 

directed by this subsection.

 

     (6) From the funds appropriated in part 1 for MVAA, the MVAA

 

is authorized to expend up to $50,000.00 to hire legal services to


represent veterans benefit cases before federal court to maintain

 

accreditation under 38 CFR 14.628(d)(1)(iv).

 

     Sec. 407. (1) The MVAA shall disburse VSO grants to achieve

 

agency goals and performance objectives in partnership with the

 

VSOs. Grants to VSOs will be disbursed to fund programs and

 

projects which are determined by the agency to meet agency

 

performance objectives and ensure that VSOs communicate the

 

availability of emergency grants through the Michigan veterans'

 

trust fund. In disbursing veterans service organization grants, the

 

MVAA shall do the following:

 

     (a) Ensure that each VSO that receives grants is issued

 

performance standards.

 

     (b) Ensure that each VSO that receives grant funds uses those

 

funds for veterans advocacy and outreach.

 

     (c) Monitor the performance of each VSO that receives grants.

 

     (2) Veterans service organization grants awarded by the MVAA

 

shall provide for the following, as developed by the MVAA:

 

     (a) The provision of service to veterans statewide, using a

 

regional service delivery model, with services provided at

 

specified locations and times, including service provided in state

 

correctional facilities.

 

     (b) The payment of a fixed hourly service rate.

 

     (c) A specified number of service hours within each geographic

 

region of this state, with a statewide goal based on both

 

appropriations for the fiscal year ending September 30, 2019 for

 

the VSO grant program and the fixed hourly service rate under

 

subsection (2)(b). The statewide goal will include service hours


provided to eligible incarcerated veterans within 1 year of their

 

earliest release date.

 

     (d) Use of an MVAA-designated internet-based claims data

 

system.

 

     (3) The MVAA shall report the following information as

 

provided in section 216 of this part:

 

     (a) A summary of activities supported through the

 

appropriation in part 1 for VSO grants, including, separately for

 

each service region, the amount of expenditures to date, number of

 

service hours, number of claims for benefits submitted by type of

 

claim, and other information deemed appropriate by the MVAA.

 

     (b) The number of fully developed claims, by type, submitted

 

to the USDVA by VSOs, with an overall goal of 40% of benefit claims

 

submitted that are considered fully developed by the USDVA.

 

     Sec. 408. (1) The Michigan veterans' trust fund board together

 

with the MVAA shall provide emergency grants for disbursement from

 

the Michigan veterans' trust fund, as provided under the following

 

program authorities:

 

     (a) Sections 37, 38, and 39 of article IX of the state

 

constitution of 1963.

 

     (b) 1946 (1st Ex Sess) PA 9, MCL 35.602 to 35.610.

 

     (c) R 35.1 to R 35.7 of the Michigan Administrative Code.

 

     (d) R 35.621 to R 35.623 of the Michigan Administrative Code.

 

     (2) No later than December 1, the MVAA shall provide a

 

detailed report of the Michigan veterans' trust fund that includes,

 

for the immediately preceding fiscal year, information on grants

 

provided from the emergency grant program, including details


concerning the methodology of allocations, the selection of

 

emergency grant program authorized agents, a description of how the

 

emergency grant program is administered in each county, and a

 

detailed breakdown of trust fund expenditures for that year,

 

including the amount distributed to each county for administrative

 

costs and emergency grants. The report shall also include the

 

number of approved applications, by category of assistance, and the

 

number of denied applications, by reason of denial. The report

 

shall also provide an update on the department's efforts to reduce

 

program administrative costs and maintain the Michigan veterans'

 

trust fund corpus to its original amount of at least

 

$50,000,000.00.

 

     (3) Any funds not expended or encumbered at the end of the

 

current fiscal year shall be deposited into the Michigan veterans'

 

trust fund corpus.

 

 

 

CAPITAL OUTLAY

 

     Sec. 501. (1) The department shall provide for the acquisition

 

and disposition of National Guard armories, facilities, and lands

 

as provided under sections 368, 382, and 382a of the Michigan

 

military act, 1967 PA 150, MCL 32.768, 32.782, and 32.782a.

 

     (2) The department shall provide a listing of property sales

 

and acquisitions as provided under section 216 of this part.

 

     Sec. 502. (1) The appropriations in part 1 for special

 

maintenance - National Guard shall be carried forward at the end of

 

the fiscal year consistent with section 248 of the management and

 

budget act, 1984 PA 431, MCL 18.1248.

 


     (2) The appropriations for special maintenance - National

 

Guard shall be expended in accordance with the requirements of

 

sections 302 and 305 of this part and shall be expended according

 

to the maintenance priorities of the department to repair and

 

modernize military training sites and support facilities, including

 

armories, which may include projects such as roof, HVAC, or boiler

 

replacement, interior renovations, facility expansion, improvements

 

to parking facilities, and other projects.

 

     (3) The department shall provide a quarterly report as

 

provided under section 216 of this part providing information on

 

the status, projected costs, and projected completion date of

 

current and planned special maintenance projects at the armories

 

and other National Guard facilities funded from capital outlay

 

appropriations made in part 1 and in prior appropriations years.

 

     Sec. 503. (1) The appropriations in part 1 for special

 

maintenance – veterans homes shall be carried forward at the end of

 

the fiscal year consistent with section 248 of the management and

 

budget act, 1984 PA 431, MCL 18.1248.

 

     (2) The appropriations for special maintenance – veterans

 

homes shall be expended in accordance with the requirements of

 

section 402 of this part and shall be expended according to the

 

maintenance priorities of the department to repair and modernize

 

the state's veterans' homes, which may include projects such as

 

roof, HVAC, or boiler replacement, interior renovations, facility

 

expansion, improvements to parking facilities, and other projects

 

designed to enhance the quality of life and medical care of

 

members.


     (3) The MVAA shall provide a quarterly report as provided

 

under section 216 of this part providing information on the status,

 

projected costs, and projected completion date of current and

 

planned special maintenance projects at the Grand Rapids home for

 

veterans and D.J. Jacobetti home for veterans funded from capital

 

outlay appropriations made in part 1 and in prior appropriations

 

years.

 

 

 

ONE-TIME APPROPRIATIONS

 

     Sec. 601. (1) The appropriations in part 1 for armory

 

maintenance shall be carried forward at the end of the fiscal year

 

consistent with section 248 of the management and budget act, 1984

 

PA 431, MCL 18.1248.

 

     (2) The appropriations for armory maintenance shall be

 

expended in accordance with the requirements of sections 302 and

 

305 of this part and shall be expended according to the maintenance

 

priorities of the department to repair and modernize military

 

training sites and support facilities, including armories.

 

 

 

 

 

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

FOR FISCAL YEAR 2019-2020

 

GENERAL SECTIONS

 

     Sec. 701. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2020 for

 

the line items listed in part 1. The fiscal year 2019-2020

 


appropriations are anticipated to be the same as those for fiscal

 

year 2018-2019, excluding appropriations designated as one-time

 

appropriations and adjusting for changes in caseload and related

 

costs, federal fund match rates, economic factors, and available

 

revenue. These adjustments will be determined after the January

 

2019 consensus revenue estimating conference.

 

     Sec. 702. The veterans affairs agency shall provide the

 

percentage of Michigan veterans contacted, with a goal of 100%, and

 

report upon those outreach findings to the subcommittees on

 

military and veterans affairs at quarterly legislative hearings.

 

     Sec. 703. The veterans affairs agency shall maintain a minimum

 

50% fully developed claims as determined by the USDVA.