HOUSE BILL NO. 4380

A bill to create certain funds; to create a Michigan military and veteran services support fund board and prescribe its powers and duties; and to provide for the powers and duties of certain state governmental officers and entities.

the people of the state of michigan enact:

Sec. 1. As used in this act:

(a) "Board" means the Michigan military and veteran services support fund board created in section 5.

(b) "Services support fund" means the Michigan military and veteran services support fund created in section 3.

Sec. 3. (1) The Michigan military and veteran services support fund is created as a charitable and educational endowment fund in the department of treasury. Contributions made to the services support fund are considered tax-deductible donations. Money in the services support fund at the end of the fiscal year remains in the services support fund and does not lapse to the general fund.

(2) The services support fund must have separate accounts for each of the following:

(a) Supporting and enhancing this state's military service members, their families, and the economy.

(b) Supporting and enhancing this state's veterans, their families, and the communities where they live.

(3) The state treasurer shall direct the investment of the services support fund. The state treasurer has the same authority to invest the assets of the services support fund as an investment fiduciary under the public employee retirement system investment act, 1965 PA 314, MCL 38.1132 to 38.1141. The state treasurer shall comply with the divestment from terror act, 2008 PA 234, MCL 129.291 to 129.301, when investing the assets of the services support fund.

(4) Money granted or received as a gift or donation to the services support fund is available for disbursement upon appropriation.

(5) The state treasurer shall annually prepare an accounting of revenues and expenditures from the services support fund. The accounting must be provided to the senate and house of representatives appropriations committees. The accounting must do all of the following:

(a) Specifically identify the interest and earnings of the services support fund.

(b) Describe how the amount of interest and earnings has been affected by the expanded investment options provided for in subsection (3).

(c) Identify how the increased interest and earnings, if any, have been expended.

Sec. 5. (1) The Michigan military and veteran services support fund board is established to provide oversight and management of the services support fund created in section 3.

(2) The board consists of 7 members as follows:

(a) The director of the department of military and veterans affairs, or his or her designee.

(b) The director of the Michigan veterans affairs agency, or his or her designee.

(c) Five members, who have a background or experience in fundraising or charitable giving, appointed by the governor as follows:

(i) One member who represents the interests of service members and their families.

(ii) One member who represents the interests of veterans, their families, and the communities where they live.

(iii) One member who represents the interests of a congressionally chartered veteran service organization.

(iv) One member who represents the interests of a military trade association or support entity.

(v) One member who represents the interests of the general public.

(3) The appointed members of the board as described in subsection (2)(c) shall serve for terms of 4 years. Of the 5 members first appointed to the board, 2 must be appointed for an initial term of 1 year, 2 must be appointed for an initial term of 2 years, and 1 must be appointed for an initial term of 3 years. The appointed members of the board shall serve until a successor is appointed. A vacancy must be filled for the balance of the unexpired term in the same manner as the original appointment.

(4) The members of the board are subject to 1968 PA 317, MCL 15.321 to 15.330, and 1968 PA 318, MCL 15.301 to 15.310.

(5) The board shall organize and make its own policies and procedures. The board shall conduct all business at public meetings held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of each meeting must be given in the manner required by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(6) The department of military and veterans affairs shall provide the board with administrative and staff support and other services.

Sec. 7. The board may do all of the following:

(a) Oversee the services support fund, request appropriations, and make allocations of revenue from the services support fund to the department of military and veterans affairs to provide supplemental funding for the department's services and programs.

(b) Accept, hold, and administer gifts and bequests of money, securities, or other property, absolutely or in trust, to carry out the services support fund's purposes.

(c) Enter into contracts and execute all instruments necessary and appropriate to carry out the services support fund's purposes.

(d) Take reasonably necessary actions to seek, promote, and stimulate contributions for the services support fund.

(e) Perform any lawful acts necessary or appropriate to carry out the services support fund's purposes.

(f) Develop policies and procedures applicable to the management and functioning of the services support fund.