SUBSTITUTE FOR
SENATE BILL NO. 959
A bill to make appropriations for the department of military
and veterans affairs for the fiscal year ending September 30, 2013;
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
FOR FISCAL YEAR 2012-2013
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part for the department of military and
veterans affairs are appropriated for the fiscal year ending
September 30, 2013 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......... 8.0
Full-time equated classified positions......... 834.0
GROSS APPROPRIATION.................................... $ 172,073,600
Total interdepartmental grants and intradepartmental
transfers............................................ 1,166,500
Schedule of interdepartmental grant revenue sources:
IDG, challenge grant.......................... 165,800
IDG, community health......................... 100,000
IDG, state police............................. 900,000
Interdepartmental grant revenues.................. 700
ADJUSTED GROSS APPROPRIATION......................... 170,907,100
Total federal revenues................................. 99,239,400
Schedule of federal revenue sources:
DOD-DOA-NGB................................ 69,073,300
DVA-VHA.................................... 26,160,100
HHS-Medicare................................ 3,363,000
HHS-Medicaid.................................. 185,500
Federal counter narcotics revenues............. 50,000
Federal revenues.............................. 407,500
Total local revenues................................... 1,503,600
Schedule of local revenue sources:
Local - school aid revenue.................. 1,500,000
Local revenues.................................. 3,600
Total private revenues................................. 1,503,700
Schedule of private revenue sources:
Private donations............................. 959,500
Private - veterans' home post and posthumous funds
............................................. 540,000
Private revenues................................ 4,200
Total other state restricted revenues.................. 30,427,000
Schedule of restricted revenue sources:
Rental fees................................... 346,400
Mackinac Bridge authority...................... 70,000
Test project fees............................. 100,000
Income and assessments..................... 20,345,900
Lease revenue.................................. 12,200
Michigan veterans trust fund................ 5,166,500
Michigan family relief fund................. 1,000,000
Military construction fund.................. 3,250,000
State restricted revenues..................... 136,000
State general fund/general purpose................... $ 38,233,400
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 32,177,500
One-time state general fund/general
purpose.................................... 6,055,900
Sec. 102. HEADQUARTERS AND ARMORIES
Full-time equated unclassified positions......... 8.0
Full-time equated classified positions......... 284.0
Unclassified positions................................. $ 1,165,000
Headquarters and armories.............................. 54,574,100
GROSS APPROPRIATION.................................... $ 55,739,100
Appropriated from:
Interdepartmental grant revenues....................... 1,000,000
Federal revenues....................................... 40,541,000
State restricted revenues.............................. 901,200
State general fund/general purpose..................... $ 13,296,900
Schedule of programs:
Headquarters and armories.................. 11,958,800
Military appeals tribunal......................... 900
State active duty............................. 100,100
Homeland security........................... 1,000,000
Military training sites and support facilities
.......................................... 30,065,500
Military training site and support facilities test
projects...................................... 100,000
Departmentwide accounts..................... 1,869,100
Special maintenance - state................. 3,051,200
Special maintenance - federal............... 5,300,000
Counter narcotic operations.................... 50,000
Information technology services and projects
........................................... 1,078,500
Sec. 103. VETERANS OUTREACH
Full-time equated classified positions........... 9.0
Veterans outreach...................................... $ 8,720,700
GROSS APPROPRIATION.................................... $ 8,720,700
Appropriated from:
State restricted revenues.............................. 5,166,500
State general fund/general purpose..................... $ 3,554,200
Schedule of programs:
Veterans advice, advocacy, and assistance grants
........................................... 2,904,600
Veterans' affairs directorate administration.. 649,600
Veterans' trust fund administration......... 1,420,000
Veterans' trust fund grants................. 3,746,500
Sec. 104. COMMUNITY OUTREACH PROGRAMS
Full-time equated classified positions........... 40.0
Community outreach programs............................ $ 8,203,700
GROSS APPROPRIATION.................................... $ 8,203,700
Appropriated from:
Interdepartmental grant revenues....................... 165,800
Federal revenues....................................... 4,973,400
Local revenues......................................... 1,500,000
Private revenues....................................... 959,500
State restricted revenues.............................. 600,000
State general fund/general purpose..................... $ 5,000
Schedule of programs:
Michigan emergency volunteers................... 5,000
ChalleNGe program........................... 5,276,700
Military family relief fund................... 600,000
Starbase grant.............................. 2,322,000
Sec. 105. HOMES
Full-time equated classified positions.......... 501.0
Homes.................................................. $ 65,552,200
GROSS APPROPRIATION.................................... $ 65,552,200
Appropriated from:
Federal revenues....................................... 29,317,500
Private revenues....................................... 540,000
State restricted revenues.............................. 20,373,300
State general fund/general purpose..................... $ 15,321,400
Schedule of programs:
Grand Rapids veterans' home................ 46,516,500
Board of managers............................. 665,000
D.J. Jacobetti veterans' home.............. 18,095,700
Board of managers............................. 275,000
Sec. 106. CAPITAL OUTLAY AND ONE-TIME APPROPRIATIONS
Special maintenance, remodeling and additions.......... $ 15,000,000
Land acquisitions and appraisals....................... 250,000
Flint armory replacement............................... 12,000,000
State employee lump-sum payments....................... 707,900
Special maintenance - state............................ 2,400,000
Special maintenance and remodeling - Grand Rapids
veterans' home....................................... 1,600,000
Special maintenance and remodeling - D.J. Jacobetti
veterans' home....................................... 516,000
Veterans service enhancements.......................... 434,000
County counselor accreditation......................... 200,000
Department data upgrades and digitization of records... 750,000
GROSS APPROPRIATION.................................... $ 33,857,900
Appropriated from:
Interdepartmental grant revenues....................... 700
Federal revenues....................................... 24,407,500
Local revenues......................................... 3,600
Private revenues....................................... 4,200
State restricted revenues.............................. 3,386,000
State general fund/general purpose..................... $ 6,055,900
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
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 2012-2013 is $68,660,400.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2012-2013 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............................................... $ 70,000
Schedule of programs:
Payments in lieu of taxes.............................. 70,000
Veterans and community outreach........................ 50,000
Schedule of programs:
County counselor education and training 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) "DOD" means the United States department of defense.
(c) "DOD-DOA-NGB" means the DOD department of the army,
national guard bureau.
(d) "DVA" means the United States department of veterans
affairs.
(e) "DVA-VHA" means the DVA veterans health administration.
(f) "FTE" means full-time equated.
(g) "HHS" means the United States department of health and
human services.
(h) "IDG" means interdepartmental grant.
(i) "MCL" means Michigan Compiled Laws.
(j) "PA" means public act.
(k) "Work project" means a group of activities featuring a
fixed duration, budget, and scope that is expected to cause a
measurable change in the delivery, efficiency, or effectiveness of
1 or more operations.
(l) "Large veterans service organization" means a VSO that can
certify that its membership exceeds 30,000 individuals.
(m) "Medium veterans service organization" means a VSO that
can certify that its membership is between 2,500 and 30,000
individuals.
(n) "Small veterans service organization" means a VSO that can
certify that its membership is between 1,000 and 2,499 individuals.
(o) "VSO" means veterans service organization.
Sec. 204. The following shall constitute the appropriations
from part 1 for interdepartmental grant funds received by the
department from sources outside the department: $165,800.00 from
challenge grant; $100,000.00 from the department of community
health; and $900,000.00 from the department of state police.
Sec. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 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. 207. The department shall provide the data necessary for
the department of technology, management, and budget to maintain a
searchable website that is 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. 208. 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 shall 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. 210. The department 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 of the department 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. 212. The department shall receive and retain copies of
all reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed. The department may electronically retain copies of
reports unless otherwise required by federal and state guidelines.
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. (1) Notwithstanding any other provision of this act,
the schedule of programs in part 1 lists programs which may, but
are not required to be, funded under this act.
(2) Notwithstanding any other provisions of this act, the
schedule of revenue sources in part 1 may or may not be received
from the funding entities listed.
(3) Any funding required by statute is not subject to funding
flexibility and shall be funded in accordance with that statute.
Sec. 217. The department shall improve its budgetary
efficiency pertaining to the delivery of core services delineated
in section 222 by doing all of the following:
(a) Prioritizing personnel over buildings in budgetary
efficiency considerations.
(b) Pursuing the physical or virtual consolidation of support
service functions such as information technology, human resources,
and accounting as a means of improving standardization and
efficiency.
(c) Seeking expenditure reductions whenever possible through
the streamlining of existing service delivery activities.
(d) Identifying efficiencies that can be gained via the
reduction or elimination of programs, policies, and practices which
have outlived their usefulness.
Sec. 218. The department 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 report shall be
submitted to the house and senate standing committees on
appropriations, 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 total 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. 219. (1) The department shall provide quarterly reports,
beginning October 1, to the senate and house appropriations
subcommittees, and the senate and house fiscal agencies, which
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) Evidence of efficiencies and management of funds within
established appropriations, documented through the DTMB monthly
expenditure report as described in section 301(3) of this part.
(d) A list of projected armory closings from section 302(6) of
this part.
(e) A list of property sales as described in section 223 of
this part.
(2) The department shall provide all information necessary to
validate that the requirements of this part have been achieved.
(3) The department shall provide a corrective action plan
within 30 days of a quarterly report under this section for any
requirements of this part that have not been achieved. The
department shall provide a monthly status of corrective action
plans.
(4) The department shall provide a summary of fund shifts,
that have been approved by the state budget office, that have
occurred between items listed in the schedule of programs mentioned
in part 1 on a quarterly basis to the senate and house
appropriations subcommittees on state police and military and
veterans affairs, and the senate and house fiscal agencies.
(5) The department shall provide a corrective action plan for
any service metrics that do not meet requirements. The department
shall provide a status of correction action plans at the next
quarterly review.
(6) The Grand Rapids and D.J. Jacobetti veterans' homes shall
provide to the appropriate senate and house appropriations
subcommittees the results of the veterans' homes annual veterans'
affairs inspection and their corrective action plans.
Sec. 220. The department shall provide the following data to
the appropriate senate and house appropriations subcommittees and
the senate and house fiscal agencies on an annual basis:
(a) Using information received from the grant recipients in
section 401 of this part, a progress report on metric requirements,
copies of certified financial audits and tax reports of grant
recipients, a listing from grant recipients of expenditures by
spending category, including a listing of individual salaries of
each officer and administrative staff, a listing of volunteer hours
including the hours, series, and donations provided to residents of
the Grand Rapids veterans' home and the D.J. Jacobetti veterans'
home. The department shall provide within the report a specific
notification whether any veterans grant recipients failed to comply
with established reporting requirements.
(b) The Grand Rapids veterans' home and the D.J. Jacobetti
veterans' home shall produce a report including an accounting of
member populations and bed space available, a description and
accounting of services and activities provided to members,
financial information, and current state nursing home licensure
status.
(c) A detailed report of the Michigan veteran's trust fund
that includes 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
maintain the Michigan veterans' trust fund corpus to its original
amount of at least $50,000,000.00.
Sec. 222. 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:
armories and joint forces readiness, maintenance and operation of
army national guard training facilities, operation and maintenance
of air national guard air bases, veterans affairs directorate and
administration of the veterans trust fund, administration and
oversight of veterans advice, advocacy, and assistance grants,
training support for county veterans counselors, administration of
the military family relief fund, the Michigan youth challenge
academy program, and the administration of the Grand Rapids
veterans' home and the D.J. Jacobetti veterans' home.
Sec. 223. 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. 225. Funds appropriated in part 1 shall not be used by
the department 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. 226. The department shall seek partnerships with United
States armed forces reserve units for the colocation of activities,
including sharing in the acquisition and costs for facilities.
Sec. 227. Bids for contract services shall not exclude public
employee unions from the bid process.
Sec. 228. Not later than November 15, the department shall
prepare and transmit a report that provides for estimates of the
total general fund/general purpose appropriations lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriations lapses by
major departmental program or program areas. The report shall be
transmitted to the office of the state budget, the chairpersons of
the senate and house standing committees on appropriations, the
senate and house appropriations subcommittees, and the senate and
house fiscal agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations chairs, the
senate and house appropriations subcommittees on state police and
military and veterans affairs, 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, 2012 and September 30, 2013.
HEADQUARTERS AND ARMORIES
Sec. 300. (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;
director, veterans affairs directorate; deputy director,
installations command; director, strategy and policy; and director,
public safety project.
(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 senate and house appropriations
subcommittees on state police and military affairs and the senate
and house fiscal agencies.
Sec. 301. (1) The department shall provide administrative
support for department operations.
(2) The department shall maintain the staffing and resources
necessary to ensure proper accountability of state funds.
(3) The department shall maintain the staffing and resources
necessary to adhere to the state of Michigan financial management
guide for accounting, contracting, purchasing, budgeting, and
financial reporting and the administrative guide to state
government.
(4) The department shall ensure fiscal controls relating to
procurement of goods and services and other expenditures.
Sec. 302. (1) The department shall operate and maintain
national guard armories.
(2) The department shall provide resources necessary to ensure
that armories are maintained in accordance with army regulation
210-14.
(3) The department shall evaluate armories for consolidation,
energy, and utility efficiency and identify work projects that
would improve this efficiency.
(4) The department shall establish a system that measures the
condition and adequacy of armory facilities using both quality and
functionality criteria based off the installation status report-
infrastructure inspections that are conducted annually as a
requirement set forth by the national guard.
(5) The department shall identify and upgrade 15 red armories
to yellow or green facilities as determined by the measure
established in subsection (4).
(6) The department shall consult with the house and senate
appropriations subcommittees on state police and military and
veterans affairs regarding the projected closing or consolidation
of any national guard armories.
Sec. 303. (1) The department shall provide army national guard
forces, when directed, for state and local emergencies and in
support of national military requirements.
(2) The department shall provide resources necessary to train
and equip military forces to standards set by the United States
armed forces.
Sec. 304. (1) The department shall operate and maintain army
national guard training facilities, including Fort Custer and Camp
Grayling.
(2) The department shall provide resources necessary to meet
building maintenance requirements per performance specifications
established in master cooperative agreement appendix 1, section
104, national guard bureau regulations.
(3) Army national guard training facilities security
management shall secure all locations, monitor alarm equipment, and
adhere to state laws, statutes, and army regulation 190-56 and
master cooperative agreement appendix 3, section 308, national
guard bureau regulations.
(4) Using individual facility assessments, the department
shall improve the adequacy of utilities and infrastructure of the
air bases. The department shall improve quality rating at the air
base facilities based on the number of faults corrected and dollars
available (spent) during the fiscal year.
Sec. 305. (1) The department shall provide air national guard
forces, when directed, for state and local emergencies and in
support of national military requirements.
(2) The department shall provide resources necessary to train
and equip military forces to standards set by the United States
armed forces.
(3) Using individual facility assessments, the department
shall improve the adequacy of utilities and infrastructure of the
military training sites and support facilities. The department
shall improve quality rating at the facilities based on the number
of faults corrected and dollars available (spent) during the fiscal
year.
Sec. 306. (1) 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.
(2) The department shall provide resources necessary to meet
facility maintenance at air national guard bases, including
maintenance and preventive maintenance of authorized building and
systems at no less than the minimum standards required by
applicable federal, state, and local agencies.
(3) The department shall maintain the staffing and resources
necessary to provide security services at air national guard bases,
including the security of the location and the monitoring of alarm
equipment, in accordance with air force instruction 31-101 and
master cooperative agreement appendix 23, section 2308, national
guard bureau regulations.
VETERANS OUTREACH
Sec. 401. (1) The department shall provide advice, advocacy,
and assistance services to Michigan veterans.
(2) The department shall maintain the staffing and resources
necessary to develop and operate a program that will provide
benefits counseling and representation to veterans of this state
for the purpose of assisting veterans to obtain United States
department of veteran affairs health, financial, and memorial
benefits for which they are eligible.
(3) Grants recipients in this section shall submit a report to
the department on the number of claims filed for veterans in this
state with the United States department of veterans affairs and the
number of actual claims awarded.
(4) The department shall create a 5-member advisory board
consisting of presidents/commanders from 2 large veterans service
organizations, 2 medium veterans service organizations, and 1 small
veterans service organization. The board shall meet no less than
twice a year, without reimbursement by the department, and have the
following duties:
(a) Assist the department in establishing criteria for grant
awards. The department, while utilizing advice provided by the
board in establishing grant criteria, is solely responsible for
determination of the amounts and recipients of the grants.
(b) Serve as a liaison between the grant recipients, the
department, and the legislature.
(c) Assist the department in developing plans, reviewing
service delivery, and identifying goals to better assist veterans
in applying for and receiving benefits from the federal, state, and
local governments.
(d) Provide a forum regarding veterans' issues, including
suggesting changes in department programs that address veterans'
changing needs.
(5) Of the appropriation in part 1 for veterans advice,
advocacy, and assistance, grants shall be distributed by the
department in the form of 5 grants for the period beginning October
1, 2012, including 1 specialized grant. The specialized grant shall
be awarded to a group specializing in advocacy for paralyzed
veterans.
(6) Money used for grants shall be used only for salaries,
wages, related personnel costs, in-state training, and equipment
for accredited veteran service advocacy officers and necessary
support and managerial staff.
(7) 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.
(8) The department shall increase its responsibility in the
administration, management, oversight, and outreach of the delivery
of services to veterans by working with grant recipients, the
veterans advisory board, county veterans counselors, and
representatives from the Michigan veterans trust fund to identify,
implement, and evaluate steps to do all the following:
(a) Improve national standing with regard to veterans affairs
benefits granted per veteran, including veterans education
benefits.
(b) Increase the percentage of veterans in this state who
become aware of their eligibility for service-connected disability
or pension benefits from the United States department of veterans
affairs.
(c) Increase the percentage of veterans in this state who
become aware of their eligibility for enrollment in the veterans
affairs health care system.
(d) Expand training opportunities for veteran service
organization service officers.
(e) Increase the percentage of veterans in this state who
become aware of their eligibility for education benefits under the
post-9/11 veterans education assistance improvements act of 2010.
(f) Increase the percentage of veterans in this state who
become aware of job training and job placement opportunities.
Sec. 402. (1) The Michigan veterans' trust fund board together
with the department shall provide emergency grants for disbursement
from the Michigan veterans' trust fund.
(2) The Michigan veterans' trust fund board together with the
department shall maintain the staffing and resources necessary to
provide outreach to veterans who may need and qualify for veterans
trust fund emergency grants.
(3) The Michigan veterans' trust fund board shall work to
increase the percentage of grant applications that are approved and
received by eligible families by 5% over those approved and
received by eligible families in fiscal year 2010-2011.
Sec. 404. (1) The department shall provide training support
for county veterans counselors.
(2) The department shall provide resources necessary to
provide county veterans counselors with training to ensure quality
services to veterans.
(3) The department shall work with counties towards the goal
of having at least 1 county veterans counselor in every county in
this state.
(4) The Michigan veterans' affairs directorate administration
and the Michigan veterans' trust fund administration shall take
steps to assist the county veterans counselors of this state to
obtain training necessary for the execution of their duties.
COMMUNITY OUTREACH PROGRAMS
Sec. 501. (1) The department shall provide grants for
disbursement from the military family relief fund.
(2) The department shall maintain the staffing and resources
necessary to provide outreach to the Michigan families of active
members of the armed forces.
(3) The department shall work to increase the percentage of
military family relief grant applications that are approved and
received by eligible families by 5% over those approved and
received by eligible families in fiscal year 2010-2011.
Sec. 502. (1) The department shall maintain the Michigan youth
challenge academy to provide values, skills, education, and self-
discipline instruction for at-risk youth.
(2) The department shall ensure that at least 65% of the
cadets who enroll in the Michigan youth challenge academy meet the
requirement for graduation from the academy.
(3) The department shall take steps to recruit candidates to
the challenge program from economically disadvantaged areas,
including those with low-income and high-unemployment backgrounds.
(4) The department shall 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.
(5) The funds appropriated in this act for private donations
to the Michigan youth 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.
HOMES
Sec. 601. (1) The department shall provide compassionate,
quality interdisciplinary care at the state's Grand Rapids and D.J.
Jacobetti veterans' homes so that members can achieve their highest
potential of wellness, independence, self-worth, and dignity.
(2) The department shall provide resources necessary to
provide adequate nursing care services to veterans in accordance
with federal standards, including the following:
(a) A licensed minimum number of 403 residents in skilled
nursing beds at the Grand Rapids veterans' home.
(b) A licensed minimum number of 72 residents in domiciliary
beds at the Grand Rapids veterans' home.
(c) A licensed minimum number of 158 residents in skilled
nursing beds at the D.J. Jacobetti veterans' home.
(d) A licensed minimum number of 11 residents in domiciliary
beds at the D.J. Jacobetti veterans' home.
(3) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that their medical staffing is in accordance with United
States department of veterans administration standards.
(4) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that transportation is assured for each resident for every
medical appointment outside the veterans' home.
(5) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that each member resident receives daily laundry service.
(6) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that maintenance and custodial services are provided for
each home in accordance with applicable local, state, and federal
standards.
(7) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that each resident receives a medical and care assessment
including a dietary plan upon admission to the home, with meals and
snacks provided in accordance with the plan and R 325.20803 of the
Michigan administrative code.
(8) The money appropriated in this article 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 and D.J. Jacobetti veterans'
homes.
(9) Appropriations in this article for the Grand Rapids and
D.J. Jacobetti veterans' homes shall not be used for any purpose
other than for veterans and veterans' families.
(10) 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.
(11) Any contractor providing competency evaluated nursing
assistants (CENA) to the Grand Rapids and D.J. Jacobetti veterans'
homes shall ensure that each CENA has at least 8 hours of training
on information provided by the veterans' home.
(12) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids and D.J. Jacobetti veterans' homes
shall ensure that each CENA has at least 1 eight-hour shift of
shadowing at the veterans' home.
(13) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids and D.J. Jacobetti veterans' homes
shall ensure that each CENA is competent in the basic skills needed
to perform his or her assigned duties at the veterans' home.
(14) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids and D.J. Jacobetti veterans' homes
shall ensure that each CENA has at least 1 year of experience in
long-term care.
(15) The Grand Rapids and D.J. Jacobetti veterans' homes shall
provide each CENA at least 12 hours of in-service training once
that individual has been assigned to the veterans' home.
(16) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that care services are provided to each resident of the
veterans' homes in accordance with standards set by the United
States department of veterans' affairs.
Sec. 602. (1) It is the intent of the legislature that the
office of the Michigan veterans' facility ombudsman be created
within the legislative council. The ombudsman shall be appointed by
and serve at the pleasure of the legislative council.
(2) The legislative council shall establish procedures for
approving the budget of the office, for expending funds of the
office, and for the employment of personnel for the office.
(3) The purpose of the ombudsman is to conduct investigations,
when deemed necessary, upon his or her own initiative or upon
receipt of a complaint from a resident veteran, family member of a
resident veteran, or legislator who files a complaint concerning an
action, omission, decision, recommendation, practice, or other
procedure of the department of military and veterans affairs or a
condition existing at a Michigan veterans' facility that is alleged
to be contrary to law or departmental policy or that poses a
significant health or safety issue for which there is no effective
administrative remedy.
(4) Subject to approval of the legislative council, the
ombudsman shall establish procedures for receiving and processing
complaints, conducting investigations, holding hearings, and
reporting the findings resulting from the investigations.
(5) Upon request and without the requirement of any release,
the ombudsman shall be given access to all information, records,
and documents in the possession of the department of military and
veterans affairs or a Michigan veterans' facility that the
ombudsman deems necessary in an investigation.
(6) Upon request and without notice, the ombudsman shall be
granted entrance to inspect at any time any Michigan veterans'
facility.
(7) The ombudsman may hold informal hearings and may request
that any person appear before the ombudsman or at a hearing and
give testimony or produce documentary or other evidence that the
ombudsman deems relevant to an investigation.
(8) The ombudsman shall advise a complainant to pursue all
administrative remedies open to the complainant. The ombudsman may
request and shall receive from the department of military and
veterans affairs or from a Michigan veterans' facility a progress
report concerning the administrative processing of a complaint.
After administrative action on a complaint, the ombudsman may
conduct further investigation on the request of a complainant or on
his or her own initiative.
(9) The ombudsman is not required to conduct an investigation
on a complaint brought before the ombudsman. A complainant is not
entitled as a right to be heard by the ombudsman.
(10) Upon receiving a complaint and deciding to investigate
the complaint, the ombudsman shall notify the complainant, the
resident veteran or resident veterans affected, and the department
of military and veterans affairs. If the ombudsman declines to
investigate, the ombudsman shall notify the complainant, in
writing, and inform the resident veteran or veterans affected of
the reasons for the ombudsman's decision.
(11) Correspondence between the ombudsman and a complainant is
confidential and is privileged communication. A report prepared and
recommendations made by the ombudsman and submitted to the
legislative council are exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(12) The ombudsman shall prepare and submit a report of the
findings of an investigation and make recommendations to the
legislative council within 30 days after completing the
investigation if the ombudsman finds any of the following:
(a) A matter that should be considered by the department.
(b) An act that should be modified or canceled.
(c) A statute or rule that should be altered.
(d) Acts for which justification is necessary.
(e) Significant resident veteran health and safety issues as
determined by the council.
(f) Any other significant concerns as determined by the
council.
(13) Before announcing a conclusion or recommendation that
expressly or by implication criticizes a person or Michigan
veterans' facility or the department of military and veterans
affairs, the ombudsman shall consult with that person or facility
or the department.
(14) The ombudsman may request to be notified by a person or
Michigan veterans' facility or the department of military and
veterans affairs, within a specified time, of any action taken on
any recommendation presented. The ombudsman shall notify the
complainant of the actions taken by the person, the facility, or
the department of military and veterans affairs.
(15) The ombudsman shall submit to the legislative council and
the legislature an annual report on the conduct of the office.
(16) A resident veteran shall not be penalized in any way by a
person or Michigan veterans' facility or the department of military
and veterans affairs as a result of filing a complaint, complaining
to a legislator, or cooperating with the ombudsman in investigating
a complaint. A person or facility or the department shall not
hinder the lawful actions of the ombudsman or employees of the
office or willfully refuse to comply with any lawful demand of the
office.
CAPITAL OUTLAY AND ONE-TIME APPROPRIATIONS
Sec. 701. (1) The director shall allocate lump-sum
appropriations made in this article consistent with statutory
provisions and the purposes for which funds were appropriated.
Lump-sum allocations shall address priority program or facility
needs and may include, but are not limited to, design,
construction, remodeling and addition, special maintenance, major
special maintenance, energy conservation, and demolition.
(2) The state budget director may authorize that funds
appropriated for lump-sum appropriations shall be available for no
more than 3 fiscal years following the fiscal year in which the
original appropriation was made. Any remaining balance from
allocations made in this section shall lapse to the fund from which
it was appropriated pursuant to the lapsing of funds as provided in
the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 702. 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. 703. (1) One-time appropriations in part 1 for special
maintenance and remodeling at the Grand Rapids veterans' home and
the D.J. Jacobetti veterans' home shall be used for maintenance and
information technology needs at the homes. Maintenance and
remodeling include improvements to the mechanical, electrical,
plumbing, and security systems, roof repairs and replacements,
energy conservation measures, lighting upgrades, repair and
replacement of floors, pipe insulation, windows, boilers, new and
upgraded fire detection and suppression systems, and other repairs,
upgrades, and renovation projects as approved by the senate and
house appropriations subcommittees on state police and military and
veterans affairs.
(2) The Grand Rapids veterans' home and the D.J. Jacobetti
veterans' home shall report by November 1 to the senate and house
appropriations subcommittees on state police and military and
veterans affairs on their plans for expending the 1-time
appropriations contained in part 1.
Sec. 704. (1) One-time appropriations in part 1 for veterans
service enhancements shall be used to establish and implement a
college campus initiative, in collaboration with the United States
department of veterans affairs vocational rehabilitation program,
to assist veterans on campus with enrolling in the veterans affairs
health care system or with filing claims for disabilities with the
United States department of veterans affairs.
(2) One-time appropriations in part 1 for veterans service
enhancements shall be used to implement an Internet-based data
system, in collaboration with the Michigan association of county
veterans counselors, to ensure that Michigan's veterans and their
families receive professional assistance, advocacy, and counseling
to obtain and receive the benefits to which they are entitled.
(3) The department shall report by November 1 to the senate
and house appropriations subcommittees on state police and military
and veterans affairs on their plans for expending the 1-time
appropriations contained in part 1.
Sec. 705. From the funds appropriated in part 1, the
department shall develop an application and grant process to fund
additional accredited veterans service officers. The grants shall
be made available to underserved counties, based on need of
veterans services. The grant program shall increase the number of
county veterans counselors who are accredited from the number who
were accredited in fiscal year 2011-2012.
Sec. 706. From the funds appropriated in part 1, the
department shall digitize all medical records and military
discharge documents which are currently on paper and microfilm.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
GENERAL SECTIONS
Sec. 1201. (1) It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2014 for
the line items listed in part 1. The fiscal year 2013-2014
appropriations are anticipated to be the same as those for fiscal
year 2012-2013, excluding appropriations designated as 1-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
2013 consensus revenue estimating conference.
(2) The department shall identify and upgrade 15 red armories
to yellow or green facilities as determined by the measure
established in section 302.