March 2, 2005, Introduced by Senators CLARKE and EMERSON and referred to the Committee on Appropriations.
EXECUTIVE BUDGET BILL
A bill to make appropriations for the department of military and
veterans affairs for the fiscal year ending September 30, 2006; 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
Sec. 101. Subject to the conditions set forth in this bill,
the amounts listed in this part are appropriated for the
department of military and veterans affairs for the fiscal year
ending September 30, 2006, 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.......... 7.0
Full-time equated classified positions........ 1,016.0
GROSS APPROPRIATION.................................... $ 117,108,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,256,800
ADJUSTED GROSS APPROPRIATION........................... $ 115,851,700
Federal revenues:
Total federal revenues................................. 49,537,200
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 1,355,800
Total other state restricted revenues.................. 26,610,500
State general fund/general purpose..................... $ 38,348,200
Sec. 102. HEADQUARTERS AND ARMORIES
Full-time equated unclassified positions.......... 7.0
Full-time equated classified positions.......... 124.0
Headquarters and armories--83.5 FTE positions.......... $ 9,972,700
Human resources optimization user charge............... 29,500
Unclassified military personnel........................ 660,300
Military appeals tribunal.............................. 900
Michigan emergency volunteers.......................... 5,000
State active duty...................................... 85,100
Challenge program--40.5 FTE positions.................. 4,039,900
Homeland security...................................... 600,000
GROSS APPROPRIATION.................................... $ 15,393,400
Appropriated from:
Interdepartmental grant revenues:
IDG, community health.................................. 100,000
IDG, challenge grant................................... 250,800
IDG, state police...................................... 500,000
IDG, family independence agency........................ 406,000
Federal revenues:
DOD-DOA-NGB............................................ 4,356,300
Special revenue funds:
Rental fees............................................ 350,000
Mackinac Bridge authority.............................. 55,000
Private donations...................................... 790,800
Parent pay revenue..................................... 100,000
State general fund/general purpose..................... $ 8,484,500
Sec. 103. MILITARY TRAINING SITES AND SUPPORT FACILITIES
Full-time equated classified positions.......... 200.0
Military training sites and support facilities--200.0
FTE positions........................................ $ 20,129,700
Military training sites and support facilities test
projects............................................. 100,000
GROSS APPROPRIATION.................................... $ 20,229,700
Appropriated from:
Federal revenues:
DOD-DOA-NGB............................................ 17,471,400
Special revenue funds:
Test project fees...................................... 100,000
State general fund/general purpose..................... $ 2,658,300
Sec. 104. DEPARTMENTWIDE APPROPRIATIONS
Departmentwide accounts................................ $ 1,656,500
Special maintenance - state............................ 151,200
Special maintenance - federal.......................... 5,300,000
Military retirement.................................... 2,807,000
Counternarcotic operations............................. 50,000
Starbase grant......................................... 640,000
GROSS APPROPRIATION.................................... $ 10,604,700
Appropriated from:
Federal revenues:
DOD-DOA-NGB............................................ 7,206,100
Federal counternarcotic revenues....................... 50,000
Special revenue funds:
State general fund/general purpose..................... $ 3,348,600
Sec. 105. VETERANS SERVICE ORGANIZATIONS
American legion........................................ $ 886,000
Disabled American veterans............................. 732,400
Marine corps league.................................... 336,300
American veterans of World War II and Korea............ 464,800
Veterans of foreign wars............................... 886,000
Michigan paralyzed veterans of America................. 165,700
Purple heart........................................... 157,900
Veterans of World War I................................ 100
Polish legion of American veterans..................... 41,200
Jewish veterans of America............................. 41,200
State of Michigan council - Vietnam veterans of
America.............................................. 159,500
Catholic war veterans.................................. 41,200
GROSS APPROPRIATION.................................... $ 3,912,300
Appropriated from:
Special revenue funds:
State general fund/general purpose..................... $ 3,912,300
Sec. 106. GRAND RAPIDS VETERANS’ HOME
Full-time equated classified positions.......... 517.0
Grand Rapids veterans’ home--517.0 FTE positions....... $ 45,662,000
Board of managers...................................... 340,000
GROSS APPROPRIATION.................................... $ 46,002,000
Appropriated from:
Federal revenues:
DVA-VHA................................................ 14,191,900
HHS, Medicare.......................................... 749,400
HHS, Medicaid.......................................... 381,200
Special revenue funds:
Private - veterans’ home post and posthumous funds..... 340,000
Income and assessments................................. 16,006,400
Lease revenue.......................................... 35,000
State general fund/general purpose..................... $ 14,298,100
Sec. 107. D.J. JACOBETTI VETERANS’ HOME
Full-time equated classified positions.......... 159.0
D.J. Jacobetti veterans’ home--159.0 FTE positions..... $ 14,457,500
Board of managers...................................... 125,000
GROSS APPROPRIATION.................................... $ 14,582,500
Appropriated from:
Federal revenues:
DVA-VHA................................................ 4,262,100
HHS, Medicare.......................................... 367,100
HHS, Medicaid.......................................... 87,700
Special revenue funds:
Private - veterans’ home post and posthumous funds..... 125,000
Income and assessments................................. 4,840,400
State general fund/general purpose..................... $ 4,900,200
Sec. 108. VETERANS’ AFFAIRS DIRECTORATE
Full-time equated classified positions........... 16.0
Veterans’ affairs directorate administration--3.0
FTE positions........................................ $ 318,600
Veterans’ trust fund administration--13.0 FTE
positions............................................ 1,141,100
Veterans’ trust fund grants............................ 3,746,500
GROSS APPROPRIATION.................................... $ 5,206,200
Appropriated from:
Special revenue funds:
Michigan veterans’ trust fund.......................... 4,887,600
State general fund/general purpose..................... $ 318,600
Sec. 109. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 1,177,700
GROSS APPROPRIATION.................................... $ 1,177,700
Appropriated from:
Federal revenues:
DOD-DOA-NGB............................................ 109,100
DVA-VHA................................................ 296,300
HHS, Medicare.......................................... 8,600
Special revenue funds:
Income and assessments................................. 336,100
State general fund/general purpose..................... $ 427,600
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
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 2005-2006 is $64,958,700.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2005-2006 is $50,000.00. The itemized
statement below identifies appropriations from which spending to
units of local government will occur:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
VETERANS’ AFFAIRS DIRECTORATE ADMINISTRATION
County counselor travel expenses........................ $ 50,000
TOTAL................................................... $ 50,000
Sec. 202. The appropriations authorized under this bill are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this bill:
(a) "Department" means the department of military and veterans
affairs.
(b) "Director" means the director of 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.
Sec. 204. The department of civil service shall bill
departments and agencies at the end of the first fiscal quarter for
the 1% charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department.
(2) The state budget director may grant exceptions to this
hiring freeze when the state budget director believes that the
hiring freeze will result in rendering a state department or agency
unable to deliver basic services, cause loss of revenue to the
state, result in the inability of the state to receive federal
funds, or necessitate additional expenditures that exceed any
savings from maintaining a vacancy. The state budget director
shall report quarterly to the chairpersons of the senate and house
of representatives standing committees on appropriations the number
of exceptions to the hiring freeze approved during the previous
quarter and the reasons to justify the exception.
Sec. 206. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this bill.
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. 207. 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 should be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality.
Sec. 208. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both.
The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in
depressed and deprived communities for services, supplies, or both.
Sec. 209. From the funds appropriated in part 1 for information
technology, departments and agencies shall pay user fees to the
department of information technology for technology-related
services and projects. Such user fees shall be subject to
provisions of an interagency agreement between the departments and
agencies and the department of information technology.
Sec. 210. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of information technology. Funds designated in this
manner are not available for expenditure until approved as work
projects under section 451a of the management and budget act, 1984
PA 431, MCL 18.1451a.
Sec. 211. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2006 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the senate and house of representatives standing committees on
appropriations.
(3) Not later than January 1 of each year, each department shall
prepare a travel report listing 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 chairs and members of the senate and house of
representatives standing committees on appropriations, the fiscal
agencies, and the state budget director. The report shall include
the following information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 212. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $5,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill under section 393(2) of the department of 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 bill under section 393(2) of the department of 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 bill
under section 393(2) of the department of 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 bill
under section 393(2) of the department of management and budget
act, 1984 PA 431, MCL 18.1393.
Sec. 213. (1) Of the funds appropriated in section 103 for
military training sites and support facilities, there shall be
established a Michigan national guard education assistance program.
Disbursements to the educational assistance program shall not
exceed $1,100,000.00 without legislative approval. Under the
program, a member of the national guard who is in active service
and who enrolls as a full- or part-time student at a public or
private state college or university may be eligible to receive up
to an equivalent of 50% of the total cost of tuition not to exceed
$2,000.00, as education assistance, in any academic year.
(2) As used in this section, an eligible person means a member
of the Michigan national guard who is in active service, as defined
in section 105 of the Michigan military act, 1967 PA 150, MCL
32.505. An eligible person does not include a member of the
Michigan national guard or air national guard who is absent without
leave or who is under charges as described in the Michigan code of
military justice of 1980, 1980 PA 523, MCL 32.1001 to 32.1148.
(3) The department of military and veterans affairs, office of
the adjutant general shall administer the education assistance
program and prescribe forms and procedures to effectively carry out
the education assistance program.
(4) An eligible person shall apply to the department of military
and veterans affairs, office of the adjutant general for education
assistance and shall provide evidence of attendance and completion
of the course of study with a grade of at least 2.0 on a 4.0 scale,
or its equivalent. The adjutant general shall approve the
application for reimbursement if the applicant meets the definition
of an eligible person under subsection (2) and other criteria as
established by the adjutant general.
(5) The education assistance program applies to any course of
instruction that is included in an associate, undergraduate, or
postgraduate degree program offered by a college or university of
this state.
(6) The education assistance program applies to an eligible
person notwithstanding any other educational incentive or benefit
received by the eligible person under any other educational
assistance program provided by any other state.
(7) An eligible person who successfully completes the course of
study with a grade of at least 2.0 on a 4.0 scale, or its
equivalent, shall be eligible for reimbursement.
(8) The department of military and veterans affairs may use
funds from the appropriated funds to administer the education
assistance program.
(9) Reimbursed members who do not complete their national guard
obligation shall pay the state for money received from the state
for tuition. Members who fail to repay the state within the time
limits established by the adjutant general shall be indebted to the
state. The department shall work in conjunction with the
department of treasury for inclusion in the tax intercept program
for amounts due the state.
(10) A portion of the funds for the Michigan national guard
education assistance program may be used by the department for the
purpose of promoting the program and for encouraging those persons
the department wishes to have enlist or reenlist in the Michigan
national guard.
HEADQUARTERS AND ARMORIES
Sec. 302. (1) The funds appropriated in this bill for private
donations to the 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.
(2) The department shall make every effort to identify
alternative sources of revenue to replace the general fund/general
purpose funding provided in this bill for the challenge program.
(3) The department may charge a parent or guardian of a
participant in the challenge program a fee for participating in the
program if the participant is a member of a family with an income
that exceeds 200% of the federal poverty guidelines as published by
the United States department of health and human services. The
amount charged the parent or guardian shall not exceed the per
student state share cost of administering the program. The parent
or guardian shall be notified of any charge to be assessed under
this subsection prior to enrollment of the child in the program.
(4) The department shall take steps to insure that at least 75%
of the participants in the challenge program are members of
families with incomes at or below 200% of the federal poverty
level.
Sec. 304. The department shall partner with the family
independence agency to identify youth who may be eligible for the
challenge program from those youth served by family independence
agency programs. These eligible youth shall be given priority for
enrollment in the program.
VETERANS SERVICE ORGANIZATIONS
Sec. 501. (1) Money appropriated in section 105 for grants to
veterans service organizations shall be used only for salaries,
wages, related personnel costs, training, and equipment for
accredited veteran service advocacy officers and necessary support
and managerial staff. Training shall be provided for service
advocacy officers and shall be conducted by accredited advocacy
officers.
(2) To receive a grant from the money appropriated in section
105, a veterans service organization shall meet the following
eligibility requirements:
(a) Be congressionally chartered by the United States Congress.
(b) Be an active participating member of the Michigan veterans
organizations’ rehabilitation and veterans service committee and
abide by its rules, guidelines, and programs.
(c) Demonstrate the receipt of monetary or service support from
its own organization.
(d) Comply with the department’s and the legislature’s
requirements of accounting audits, service work activity,
accounting of recoveries, listing of volunteer hours, budget
requests, and other requirements specified in subsection (3).
(e) For a veterans service organization founded after September
30, 1989, be in operation and providing service to Michigan
veterans for not less than 2 years before receiving an initial
state grant. During this 2-year period of time, the organization
shall file a listing of service work activity and an accounting of
recoveries with the department, the senate and house fiscal
agencies, the senate and house of representatives appropriations
subcommittees on military affairs, and the state budget office on
forms as prescribed by the department.
(3) A veterans service organization receiving a grant from the
money appropriated in section 105 shall file with the department an
accounting of its expenditures, audited and certified by a
certified public accountant, within 120 days after the
organization’s fiscal year end. Each organization shall provide a
detailed budget request for the fiscal year ending September 30,
2007, to the department by November 15, 2005, within the format as
prescribed by the department to be used in the development of the
budget for the fiscal year ending September 30, 2007. Each
veterans service organization shall provide 5 copies of a listing
of all service activity, an accounting of recoveries, and a listing
of volunteer hours for the fiscal year ending September 30, 2005,
to the department by January 31, 2006. The listing of volunteer
hours shall include the hours, services, and donations provided to
residents of the Grand Rapids veterans’ home and the D.J. Jacobetti
veterans’ home. Each veterans service organization shall provide a
copy of the most recent and completed internal revenue service form
990 to the department at the end of the fiscal year ending
September 30, 2005. A veterans service organization receiving a
grant from the money appropriated in section 105 shall use the
forms recommended by the Michigan veterans organizations’
rehabilitation and veterans service committee for filing reports
required by this bill. The department shall forward information
required under this section to the senate and house fiscal
agencies, the senate and house of representatives appropriations
subcommittees on military affairs, and the state budget office.
VETERANS’ HOMES
Sec. 603. The money appropriated in this bill 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 veterans' home and the D.J.
Jacobetti veterans’ home.
VETERANS’ TRUST FUND
Sec. 703. (1) By April 1, 2006, the department shall submit to
the senate and house of representatives appropriations
subcommittees on military affairs and the state budget office a
detailed annual report of the Michigan veterans’ trust fund for
fiscal year 2004-2005. The report shall include information on
grants provided from the emergency grant program and the veterans
survivor tuition 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.
(2) The annual report required under subsection (1) shall
contain information on the veterans survivors tuition program,
including the number of participants, where the participants
attended school, payments made to each school, the average grade
point and number of college credits earned by each participant, the
number of participants suspended by the program, and the number of
participants who earned a degree during fiscal year 2004-2005.