SB-0773, As Passed Senate, April 30, 2014
SUBSTITUTE FOR
SENATE BILL NO. 773
A bill to make appropriations for the department of military
and veterans affairs for the fiscal year ending September 30, 2015;
and to provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this part,
the amounts listed in this part for the department of military and
veterans affairs are appropriated for the fiscal year ending
September 30, 2015 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.......... 9.0
Full-time equated classified positions.......... 889.5
GROSS APPROPRIATION.................................... $ 167,201,600
Total interdepartmental grants and intradepartmental
transfers............................................ 100,000
Schedule of interdepartmental grant revenue sources:
IDG, state police............................. 100,000
ADJUSTED GROSS APPROPRIATION........................... $ 167,101,600
Total federal revenues................................. 90,362,800
Schedule of federal revenue sources:
DOD-DOA-NGB................................ 60,025,300
DVA-VHA.................................... 27,235,700
HHS-HCFA, Medicare, hospital insurance...... 2,963,500
HHS-HCFA, title XIX, Medicaid.................. 88,300
Federal counter narcotics revenues............. 50,000
Total local revenues................................... 1,500,000
Schedule of local revenue sources:
Local - school aid fund..................... 1,500,000
Total private revenues................................. 740,000
Schedule of private revenue sources:
Private - veterans' home post and posthumous
funds........................................ 540,000
Private donations............................. 200,000
Total other state restricted revenues.................. 25,086,400
Schedule of restricted revenue sources:
Rental fees................................... 346,400
Mackinac Bridge authority...................... 70,000
Test project fees............................. 100,000
Income and assessments..................... 17,356,100
Lease revenue.................................. 12,200
Michigan veterans trust fund................ 5,201,700
Michigan national guard construction fund... 1,000,000
Military family relief fund................. 1,000,000
State general fund/general purpose..................... $ 49,412,400
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 46,412,400
One-time state general fund/general
purpose.................................... 3,000,000
Sec. 102. MILITARY
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions.......... 324.0
Unclassified positions................................. $ 1,370,100
Military............................................... 63,704,300
GROSS APPROPRIATION.................................... $ 65,074,400
Appropriated from:
Interdepartmental grant revenues....................... 100,000
Federal revenues....................................... 45,489,000
Local revenues......................................... 1,500,000
Private revenues....................................... 200,000
State restricted revenues.............................. 1,523,600
State general fund/general purpose..................... $ 16,261,800
Schedule of programs:
Support services............................ 1,909,400
Armories and joint force readiness......... 16,136,500
Maintenance and operations of national
guard training facilities and air bases... 32,050,600
ChalleNGe program........................... 4,549,200
Military family relief fund................... 600,000
Starbase grant.............................. 2,322,000
National guard tuition assistance program... 5,000,000
Information technology services and
projects................................... 1,136,600
Sec. 103. MICHIGAN VETERANS AFFAIRS AGENCY
Full-time equated classified positions.......... 565.5
Michigan veterans affairs agency....................... $ 16,059,300
Homes.................................................. 66,567,900
GROSS APPROPRIATION.................................... $ 82,627,200
Appropriated from:
Federal revenues....................................... 29,873,800
Private revenues....................................... 540,000
State restricted revenues.............................. 22,562,800
State general fund/general purpose..................... $ 29,650,600
Schedule of programs:
Veterans affairs agency administration...... 7,045,100
General legal services/federal
representation................................ 50,000
Veterans advice, advocacy, and assistance
grants..................................... 3,762,500
Veterans' trust fund administration......... 1,455,200
Veterans' trust fund grants................. 3,746,500
Grand Rapids veterans' home................ 46,012,600
Board of managers (Grand Rapids home)......... 665,000
D.J. Jacobetti veterans' home.............. 19,615,300
Board of managers (Jacobetti home)............ 275,000
Sec. 104. CAPITAL OUTLAY
Special maintenance – military training sites
and support facilities.............................. $ 15,000,000
Special maintenance – veterans' homes.................. 500,000
Land acquisitions and appraisals....................... 1,000,000
GROSS APPROPRIATION.................................... $ 16,500,000
Appropriated from:
Federal revenues....................................... 15,000,000
State restricted revenues.............................. 1,000,000
State general fund/general purpose..................... $ 500,000
Sec. 105. ONE-TIME APPROPRIATIONS
Special maintenance – veterans' homes.................. $ 3,000,000
GROSS APPROPRIATION.................................... $ 3,000,000
Appropriated from:
State general fund/general purpose..................... $ 3,000,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
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 2014-2015 is $74,498,800.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is $100,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Military............................................... $ 50,000
Schedule of programs:
Payments in lieu of taxes...................... 50,000
Veterans affairs agency administration................. $ 50,000
Schedule of programs:
County counselor education and training
expenses...................................... 50,000
TOTAL.................................................. $ 100,000
Sec. 202. The appropriations authorized under this part are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this part:
(a) "Agency" means the Michigan veterans affairs agency.
(b) "Department" means the department of military and veterans
affairs.
(c) "DOD" means the United States department of defense.
(d) "DOD-DOA-NGB" means the DOD department of the army,
national guard bureau.
(e) "DVA" means the United States department of veterans
affairs.
(f) "DVA-VHA" means the DVA veterans health administration.
(g) "FTE" means full-time equated.
(h) "HHS" means the United States department of health and
human services.
(i) "IDG" means interdepartmental grant.
(j) "Large veterans service organization" means a VSO that can
certify that its membership exceeds 30,000 individuals.
(k) "Medium veterans service organization" means a VSO that
can certify that its membership is between 2,500 and 30,000
individuals.
(l) "Small veterans service organization" means a VSO that can
certify that its membership is between 1,000 and 2,499 individuals.
(m) "Subcommittees" means all members of the subcommittees of
the senate and house appropriations committees with jurisdiction
over the budget of the department.
(n) "VSO" means veterans service organization.
(o) "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.
Sec. 204. The appropriations from part 1 for interdepartmental
grant funds received by the department from sources outside the
department consist of $100,000.00 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 part 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 part 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 part
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 part
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 207. The department shall cooperate with 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 departments 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. 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. In addition,
preference shall be given to goods or services, or both, that are
manufactured or provided by Michigan small businesses that have
veterans compose at least 35% of their total workforce. As used in
this section, "veteran" means that term as defined in section 261
of the management and budget act, 1984 PA 431, MCL 18.1261. As used
in this section, "small business" means that term as defined in
section 7a of the administrative procedures act of 1969, 1969 PA
306, MCL 24.207a.
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 departments and agencies receiving
appropriations in part 1 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
part, the schedule of programs in part 1 lists programs which may,
but are not required to be, funded under this part.
(2) Notwithstanding any other provisions of this part, 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 departments 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 report shall be
submitted 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 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 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 armory closings and projected closings.
(e) A list of property sales as described in section 223 of
this part.
(f) A report on the status of performance metrics cited in
this article.
(g) A list of the performance measures, outcomes, and
initiatives developed by the agency in the strategic plan required
by section 501 of 2013 PA 9.
(h) The number of active employees at the close of the fiscal
quarter by job classification and program.
(2) 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.
(3) 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 subcommittees and the senate
and house fiscal agencies.
(4) The Grand Rapids and D.J. Jacobetti veterans' homes shall
provide to the subcommittees the results of the veterans' homes
annual veterans' affairs inspection and their corrective action
plans.
(5) The Grand Rapids and D.J. Jacobetti veterans' homes shall
provide a list of maintenance projects, and their respective costs,
funded from the special maintenance appropriations in part 1.
Sec. 220. The department shall provide the following data to
the 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 veterans' 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, 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 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 and air bases; veterans
affairs agency administration; veterans' trust fund administration;
veterans advice, advocacy, and assistance grants; the military
family relief fund; the challeNGe program; and the Grand Rapids
veterans' home and the D.J. Jacobetti veterans' home. As used in
this section, "core services" means that phrase as defined in
section 373 of the management and budget act, 1984 PA 431, MCL
18.1373.
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 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. 227. The department shall not exclude public employee
unions from the bid process.
Sec. 228. 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 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
subcommittees, and the senate and house fiscal agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the subcommittees, 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, 2014 and
September 30, 2015.
Sec. 230. 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 agency's performance.
Sec. 231. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2015 is $20,013,100.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$11,180,100.00. Total agency appropriations for retiree health care
legacy costs are estimated at $8,833,000.00.
MILITARY
UNCLASSIFIED POSITIONS
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;
senior policy executive - Michigan veterans affairs agency; senior
deputy director – state operations; director - strategy and policy;
advisor - public safety group; 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 and the senate and house
fiscal agencies.
SUPPORT SERVICES
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.
ARMORIES AND JOINT FORCE READINESS
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 provide resources necessary to ensure
that armories are maintained in accordance with army regulations.
(4) The department shall evaluate armories for consolidation,
energy, and utility efficiency and identify work projects that
would improve this efficiency and submit a quarterly report on the
status and activities of the armories as provided in section 219,
including a list of maintenance projects and their respective
costs, funded from the special maintenance projects in part 1.
(5) 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.
MAINTENANCE AND OPERATIONS OF NATIONAL GUARD TRAINING FACILITIES
AND AIR BASES
Sec. 304. (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.
CHALLENGE PROGRAM
Sec. 307. (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 provide the staffing and resources
necessary to train 144 cadets simultaneously at the Michigan youth
challeNGe academy.
(3) The department shall ensure that the average grade level
increase for Michigan youth challeNGe academy graduates is 2 years
as measured with the test adult basic education (TABE) metrics.
(4) 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.
(5) 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.
MILITARY FAMILY RELIEF FUND
Sec. 308. (1) The department shall provide grants for
disbursement from the military family relief fund.
(2) The department shall provide quarterly reports to the
subcommittees on the revenues, expenditures, and fund balance of
the Michigan military family relief fund.
(3) The department shall provide quarterly reports to the
subcommittees on the applications received for assistance from the
Michigan military family relief fund.
(4) 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 called into active
duty and to support the processing and approval of at least 60
grant applications for fiscal year 2014-2015 under the Michigan
military relief fund and report those applications at quarterly
legislative hearings of the subcommittees.
STARBASE GRANT
Sec. 309. (1) The department shall maintain the starbase
program to improve the education of at-risk students in math,
science, and technology.
(2) The department shall use the appropriation in part 1 for
the starbase grant to fund the DOD starbase program as outlined in
10 USC 2193b. The purpose of the program is to improve the
knowledge, skills, and interest of students in kindergarten through
twelfth grade in math, science, and technology. The starbase
program is to specifically target minority and at-risk students for
participation.
(3) The starbase program shall maintain current program
offerings serving K-12 school districts in the state through
existing program sites which include starbase one, located at
Selfridge air national guard base, starbase Battle Creek, located
at Battle Creek air national guard base, and starbase Alpena,
located at Alpena combat readiness training center.
NATIONAL GUARD TUITION ASSISTANCE PROGRAM
Sec. 310. (1) The department shall establish and maintain a
national guard tuition assistance program for members of the
Michigan air and army national guard.
(2) The objective of the national guard tuition program is to
bolster military readiness by increasing recruitment and retention
of Michigan air and army national guard service members (and to
fill federally authorized strength levels for the state), improve
the Michigan air and army national guard's competitive draw from
other military enlistment options in the state, enhance the ability
of the Michigan air and army national guard to compete for members
and federal dollars with surrounding states, and increase the pool
of eligible candidates within the Michigan air and army national
guard to become commissioned officers.
(3) The national guard tuition program shall be designed after
the federal tuition assistance program model and shall cover 100%
of tuition and authorized fees, up to $4,500.00 a year, for
Michigan air and army national guard members to pursue course work
in programs leading to a certificate, a first associate,
bachelor's, or master's degree. To be eligible for the program, a
Michigan air and army national guard member would have to be
qualified in a military occupational skill, remain in active
drilling status with a service contract, be a member in good
standing, meet yearly physical fitness and weight control
standards, and maintain a 2.0 GPA (on a 4.0 scale).
(4) The department shall make efforts to reach the number of
Michigan air and army national guard members participating in the
program to 1,000 during the third 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 and by
how competitively the percentage of authorized Michigan air and
army national guard strength obtained—and retained—compares to the
neighboring air and army national guards from the states of
Illinois, Indiana, Ohio, and Wisconsin.
INFORMATION TECHNOLOGY SERVICES AND PROJECTS
Sec.311. The funds appropriated in part 1 for information
technology services and projects shall be used as a pass through
via an IDG to the department of technology, management, and budget
for technology services, including maintenance and repair services,
and technology projects, to maximize the operational efficiency and
effectiveness of the department.
MICHIGAN VETERANS AFFAIRS AGENCY
MICHIGAN VETERANS AFFAIRS AGENCY ADMINISTRATION
Sec. 401. (1) The Michigan veterans affairs agency shall
provide outreach services to Michigan veterans that advise them on
the benefits to which they are entitled.
(2) The agency shall maintain the staffing partnerships and
other resources necessary to develop and operate an outreach
program that will communicate benefit eligibility information to at
least 50% of the 680,417 Michigan veterans with a goal of reaching
100% and enable 100% to access benefit information online.
(3) The agency shall communicate veteran benefit information
pertaining to the Michigan military family relief fund, Michigan
veterans' trust fund, and United States department of veterans
affairs health, financial, and memorial benefits to which they are
entitled.
(4) The agency shall provide sufficient staffing and other
resources to approve requests for military discharge certificates
(DD-214) for fiscal year 2014-2015 and report to the subcommittees
quarterly.
(5) From the funds appropriated in part 1, the department
shall continue the process to digitize all medical records and
military discharge documents which are currently on paper and
microfilm and report to the subcommittees quarterly on the progress
of these efforts.
(6) The agency shall provide claims processing services to
Michigan veterans in support of benefit claims submitted to the
United States department of veterans affairs for the health,
financial, and memorial benefits for which they are eligible.
(7) The agency shall maintain the staffing and resources
necessary to process a minimum of 500 claims per year.
(8) The agency shall ensure that a minimum of 40% of the
claims submitted by agency personnel are fully developed claims as
tracked by the United States department of veterans affairs and
report on this effort at quarterly legislative hearings of the
subcommittees.
(9) The agency shall provide training support for county
veterans counselors.
(10) The agency shall provide resources necessary to provide
county veterans counselors with training to ensure quality benefit
counseling services to veterans. From the funds appropriated in
part 1, $50,000.00 shall be allocated for training support.
(11) The Michigan veterans affairs agency 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.
(12) The agency shall develop and implement a process to
ensure that all county counselors receive the training and
accreditation necessary to provide quality services to our
veterans.
(13) The agency shall provide the percentage of county
counselors trained by the department at quarterly legislative
hearings of the subcommittees.
(14) The agency shall provide the percentages of fully
developed claims submitted by county counselors trained by the
department with a goal of 40% at quarterly legislative hearings of
the subcommittees.
(15) The agency shall create a 5-member advisory board
consisting of presidents or 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 agency, and shall
assist the agency in developing plans, reviewing service delivery
initiatives, and identifying services and projects that assist in
meeting agency performance objectives.
GENERAL LEGAL SERVICES/FEDERAL REPRESENTATION
Sec. 402. The agency is authorized to hire legal services for
the amount specified in part 1 for general legal services/federal
representation to represent veterans benefit cases before federal
court in order to maintain accreditation under 38 CFR
14.628(d)(1)(iv).
VETERANS ADVICE, ADVOCACY, AND ASSISTANCE GRANTS
Sec. 403. (1) The agency shall manage the disbursement of
veterans advice, advocacy, and assistance grants to veterans
service organizations.
(2) The agency shall work to ensure that a minimum of 40% of
the claims submitted by the VSO on behalf of our veterans are fully
developed claims as tracked by the United States department of
veterans affairs and report on this effort at quarterly legislative
hearings of the subcommittees.
(3) The agency shall disburse VSO grants to assist them 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.
(4) The agency shall ensure that each VSO that receives grants
is issued performance standards.
(5) The agency shall ensure that each VSO that receives grant
funds uses those funds for veterans advocacy and outreach.
(6) The agency shall monitor the performance of each VSO that
receives grants.
VETERANS TRUST FUND ADMINISTRATION AND GRANTS
Sec. 405. (1) The Michigan veterans' trust fund board together
with the agency shall provide emergency grants for disbursement
from the Michigan veterans' trust fund.
(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.
GRAND RAPIDS VETERANS' HOME
Sec. 501. (1) The department shall provide compassionate,
quality interdisciplinary care at the state's Grand Rapids
veterans' home 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.
(3) The Grand Rapids veterans' home shall ensure that its
medical staffing is in accordance with United States department of
veterans affairs standards.
(4) The Grand Rapids veterans' home shall ensure that
transportation is assured for each resident for every medical
appointment outside the veterans' home.
(5) The Grand Rapids veterans' home shall ensure that each
member resident receives daily laundry service.
(6) The Grand Rapids veterans' home 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 veterans' home 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) Appropriations in this article for the Grand Rapids
veterans' home shall not be used for any purpose other than for
veterans and veterans' families.
(9) Any contractor providing competency evaluated nursing
assistants (CENA) to the Grand Rapids veterans' home shall ensure
that each CENA has at least 8 hours of training on information
provided by the veterans' home.
(10) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids veterans' home shall ensure that
each CENA has at least 1 eight-hour shift of shadowing at the
veterans' home.
(11) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids veterans' home shall ensure that
each CENA is competent in the basic skills needed to perform his or
her assigned duties at the veterans' home.
(12) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids veterans' home shall ensure that
each CENA has at least 1 year of experience in long-term care.
(13) The Grand Rapids veterans' home shall provide each CENA
at least 12 hours of in-service training once that individual has
been assigned to the veterans' home.
(14) The Grand Rapids veterans' home shall ensure that care
services are provided to each resident of the veterans' home in
accordance with standards set by the United States department of
veterans affairs.
(15) All complaints of abuse or neglect at the Grand Rapids
veterans' home by a resident member, a resident member's family or
legal guardian, or staff of the veterans' home, received by a
supervisor shall be referred to the director of nursing within 10
days of receiving such complaint. The board of managers may
establish a policy that requires reports on allegations of abuse or
neglect to be reported to the director of nursing more frequently.
The director of nursing 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, and the senate and house fiscal
agencies 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 veterans' home.
(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.
(16) The process by which visitors, residents, and employees
of the Grand Rapids veterans' home may register complaints shall be
displayed in high-traffic areas throughout the home.
(17) The Grand Rapids veterans' home 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 veterans' home shall provide all members and staff a
safe and secure environment.
(18) The Grand Rapids veterans' home shall ensure that it
effectively develops, executes, and monitors all comprehensive care
plans in accordance with federal regulations and its internal
policies, with a goal that a comprehensive care plan is fully
developed for all resident members.
(19) The Grand Rapids veterans' home shall implement controls
over its food, maintenance supplies, and medical supplies
inventories.
(20) The Grand Rapids veterans' home shall implement controls
over its pharmaceutical inventory.
(21) The Grand Rapids veterans' home 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
veterans' home shall establish sufficient controls to ensure that
all past due resident member maintenance assessments are addressed
within 30 days.
(22) The Grand Rapids veterans' home shall establish
sufficient controls over monetary donations and donated goods.
(23) The Grand Rapids veterans' home 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.
(24) The Grand Rapids veterans' home shall ensure that it
meets a minimum standard of 2.5 patient care hours per patient, per
day, each day, 7 days a week.
(25) Except as provided in subsection (15), the department
shall report its findings regarding the Grand Rapids veterans'
home's compliance with the requirements and standards under this
section at quarterly legislative hearings of the subcommittees. The
quarterly report shall include, but is not limited to, the
following information:
(a) The number of patient care hours and staffing levels
measured against the standard set forth in subsection (23).
(b) The number and dollar value of lost and discarded
prescriptions and the number of early prescription refills.
(c) The dollar value of monetary donations received, the
number of donated goods received, and the number of donated goods
disposed of.
(d) The number of resident member maintenance assessments
calculated each month.
BOARD OF MANAGERS
Sec. 502. The board of managers shall exercise certain
regulatory and governance authority regarding admission and member
affairs at the Grand Rapids veterans' homes. The board of managers
shall also work to represent the interest of the veterans'
community in both advisory and advocacy roles.
D.J. JACOBETTI VETERANS' HOME
Sec. 503. (1) The department shall provide compassionate,
quality interdisciplinary care at the state's D.J. Jacobetti
veterans' home 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 158 residents in skilled
nursing beds at the D.J. Jacobetti veterans' home.
(b) A licensed minimum number of 11 residents in domiciliary
beds at the D.J. Jacobetti veterans' home.
(3) The D.J. Jacobetti veterans' home shall ensure that its
medical staffing is in accordance with United States department of
veterans affairs standards.
(4) The D.J. Jacobetti veterans' home shall ensure that
transportation is assured for each resident for every medical
appointment outside the veterans' home.
(5) The D.J. Jacobetti veterans' home shall ensure that each
member resident receives daily laundry service.
(6) The D.J. Jacobetti veterans' home shall ensure that
maintenance and custodial services are provided for the home in
accordance with applicable local, state and federal standards.
(7) The D.J. Jacobetti veterans' home 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) Appropriations in this article for the D.J. Jacobetti
veterans' home shall not be used for any purpose other than for
veterans and veterans' families.
(9) Any contractor providing competency evaluated nursing
assistants (CENA) to the D.J. Jacobetti veterans' home shall ensure
that each CENA has at least 8 hours of training on information
provided by the veterans' home.
(10) Any contractor providing competency evaluated nursing
assistants to the D.J. Jacobetti veterans' home shall ensure that
each CENA has at least 1 eight-hour shift of shadowing at the
veterans' home.
(11) Any contractor providing competency evaluated nursing
assistants to the D.J. Jacobetti veterans' home shall ensure that
each CENA is competent in the basic skills needed to perform his or
her assigned duties at the veterans' home.
(12) Any contractor providing competency evaluated nursing
assistants to the D.J. Jacobetti veterans' home shall ensure that
each CENA has at least 1 year of experience in long-term care.
(13) The D.J. Jacobetti veterans' home shall provide each CENA
at least 12 hours of in-service training once that individual has
been assigned to the veterans' home.
(14) The D.J. Jacobetti veterans' home shall ensure that care
services are provided to each resident of the veterans' home in
accordance with standards set by the United States department of
veterans affairs.
(15) All complaints of abuse or neglect at the D.J. Jacobetti
veterans' home by a resident member, a resident member's family or
legal guardian, or staff of the veterans' home, received by a
supervisor shall be referred to the director of nursing within 10
days of receiving such complaint. The board of managers may
establish a policy that requires reports on allegations of abuse or
neglect to be reported to the director of nursing more frequently.
The director of nursing 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, and the senate and house fiscal
agencies 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 D.J.
Jacobetti veterans' home.
(b) Summary statistics on the number and the general nature of
complaints of abuse or neglect.
(c) Summary statistics on the final disposition of complaints
of abuse or neglect received.
(16) The process by which visitors, residents, and employees
of the D.J. Jacobetti veterans' home may register complaints shall
be displayed in high-traffic areas throughout the home.
BOARD OF MANAGERS
Sec. 504. The board of managers shall exercise certain
regulatory and governance authority regarding admission and member
affairs at the D.J. Jacobetti veterans' homes. The board of
managers shall also work to represent the interest of the veterans'
community in both advisory and advocacy roles.
CAPITAL OUTLAY
Sec. 601. 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.
SPECIAL MAINTENANCE – MILITARY TRAINING SITES AND SUPPORT
FACILITIES
Sec. 602. The appropriations for special maintenance –
military training sites and support facilities shall be expended in
accordance with the requirements of section 304 and shall be
expended according to the maintenance priorities of the department
to repair and modernize military training sites and support
facilities, which may include projects such as roof, HVAC, or
boiler replacement, interior renovations, facility expansion,
improvements to parking facilities, and other projects.
SPECIAL MAINTENANCE – VETERANS' HOMES
Sec. 603. The appropriations for special maintenance –
veterans' homes shall be expended in accordance with the
requirements of sections 219, 501, and 503 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.
ONE-TIME APPROPRIATIONS
Sec. 702. The 1-time appropriations for special maintenance –
veterans' homes shall be expended in accordance with the
requirements of sections 219, 501, and 503 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.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2015-2016
appropriations are anticipated to be the same as those for fiscal
year 2014-2015, excluding economic factors, and available revenue.
These adjustments will be determined after the January 2014
consensus revenue estimating conference.
Sec. 1203. The veterans affairs agency shall provide the
percentage of Michigan veterans contacted with a goal of 100% and
report upon those outreach findings at quarterly legislative
hearings to the subcommittees.
Sec. 1204. The veterans affairs agency shall maintain a
minimum 50% fully developed claims as determined by the DVA.