HB-6403, As Passed House, December 21, 2018

HB-6403, As Passed Senate, December 20, 2018

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6403

     A bill to amend 1953 PA 192, entitled

"An act to create a county department of veterans' affairs in

certain counties, and to prescribe its powers and duties; to create

the county veteran service fund and to provide for contributions to

and expenditures from that fund; and to transfer the powers and

duties of the soldiers' relief commission in those counties,"

by amending section 3a (MCL 35.623a), as added by 2018 PA 210.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3a. (1) The county veteran service fund is created within

the state treasury.

     (2) The state treasurer may receive money or other assets from

any source for deposit into the fund. The state treasurer shall

direct the investment of the fund. The state treasurer shall credit

to the fund interest and earnings from fund investments.

     (3) Money in the fund at the close of the fiscal year shall

remain in the fund and shall not lapse to the general fund.

     (4) The Michigan veterans affairs agency shall be the

administrator of the fund for auditing purposes.

     (5) The Michigan veterans affairs agency shall create and

operate a grant program that provides grants to counties for county

veteran service operations. The Michigan veterans affairs agency

shall make grants from the fund, upon appropriation, to each county

department of veterans' affairs that meets the conditions listed in

subsection (7) for the sole use of the county's veteran service

operations. The total disbursement for each grant shall be

determined by combining the following amounts:

     (a) A base amount of $25,000.00$50,000.00.

     (b) A per capita amount according to the number of veterans

residing in each county. The amount in this subdivision shall be

determined by dividing the amount remaining in the fund after

accounting for all disbursements under subdivision (a) by the total

number of veterans residing in this state and multiplying the

resulting dollar amount by the number of veterans residing in the

county receiving the grant. Population figures for veterans

residing in this state and in each county of this state shall be

obtained from the most recent Geographic Distribution of VA

Expenditures (GDX) Report published by the United States Department

of Veterans Affairs.

     (6) Both of the following apply to the disbursement of a grant

under subsection (5):

     (a) The base amount described under subsection (5)(a) shall be

provided in a lump sum distribution not later than December 31 of

each year. The initial base amount shall be provided not later than

January 31, 2019.

     (b) If the amount remaining in the fund after accounting for

all disbursements under subsection (5)(a) is less than the amount

obtained by multiplying $1,000.00 by the number of counties

receiving grants, the Michigan veterans affairs agency shall not

perform a calculation under subsection (5)(b) and shall not

disburse the portion of grant funds described under that

subsection.

     (7) To be eligible for receiving a grant under subsection (5),

within 1 year of the effective date of the amendatory act that

added this section, September 24, 2018, and annually after that

date, a county department of veterans' affairs must satisfy all of

the following as certified in a form and manner prescribed by the

Michigan veterans affairs agency:

     (a) Maintain a minimum level of county funding for veteran

service operations equal to the level of county funding for veteran

service operations for the fiscal year preceding the effective date

of the amendatory act that added this section.September 24, 2018.

     (b) Establish remote access to the United States Department of

Veterans Affairs computing systems and require county veteran

service officers to obtain a PIV card.

     (c) Submit quarterly reports to the Michigan veterans affairs

agency in accordance with the reporting requirements determined by

that agency.

     (d) Provide no less than 20 hours per week toward veteran

service operations.

     (e) Submit financial reports to the Michigan veterans affairs

agency on a regular basis, as determined by that agency,

demonstrating that the county department of veterans' affairs

expended the grant funds received under subsection (5) directly and

solely on veteran service operations during the period of the

report. If the Michigan veterans affairs agency determines, by

audit or otherwise, that a county department of veterans' affairs

expended the grant funds received under subsection (5) for purposes

other than veteran service operations, the Michigan veterans

affairs agency shall reduce the grant disbursement provided to the

county department of veterans' affairs in the succeeding fiscal

year by an amount equal to the total of all amounts improperly

expended.

     (8) As used in this section:

     (a) "Accredited veteran service officer" means an individual

who has met the qualifications for accreditation under 38 USC 5904

and 38 CFR 14.629.

     (b) "County veteran service fund" or "fund" means the fund

created in subsection (1).

     (c) "PIV card" means a personal identity verification card

issued by the United States Department of Veterans Affairs.

     (d) "Veteran service operations" means assistance and

programming of any kind to meet the needs of veterans in this

state. Veteran service operations include, but are not limited to,

providing assistance, programming, and services for the purpose of

assisting veterans in this state and providing advice, advocacy,

and assistance to veterans, servicemembers, dependents, or

survivors by an accredited veteran service officer to obtain United

States Department of Veterans Affairs health, financial, or

memorial benefits for which they are eligible.