Bill Text: MI SB0798 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Veterans; trust fund; membership on board of trustees; modify. Amends 1946 (1st Ex Sess) PA 9 (MCL 35.602 - 35.610) by adding secs. 3b & 6a & repeals secs. 3 & 6 of 1946 (1st Ex Sess) PA 9 (MCL 35.603 & 35.606).
Spectrum: Moderate Partisan Bill (Republican 24-6)
Status: (Passed) 2011-12-28 - Assigned Pa 0282'11 With Immediate Effect [SB0798 Detail]
Download: Michigan-2011-SB0798-Introduced.html
SENATE BILL No. 798
November 3, 2011, Introduced by Senators MOOLENAAR, PAPPAGEORGE, GREEN, EMMONS, COLBECK, PROOS, NOFS, HANSEN, MEEKHOF and BRANDENBURG and referred to the Committee on Veterans, Military Affairs and Homeland Security.
A bill to amend 1946 (1st Ex Sess) PA 9, entitled
"An act to create the Michigan veterans' trust fund, and to define
who shall be eligible to receive assistance therefrom; to provide
for the disbursement of the income thereof and surplus therein; to
create a board of trustees, and to prescribe its powers and duties;
to provide for county and district committees, and their powers,
duties, and expenses; to prescribe penalties; and to make
appropriations to carry out the provisions of this act,"
(MCL 35.602 to 35.610) by adding sections 3b and 6a; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3b. (1) There is created a Michigan veterans' trust fund
board of trustees. Each member of the board shall be a veteran.
Each member appointed shall have demonstrated knowledge, skills,
and experience in public service, business, or finance. Members
shall be appointed as follows:
(a) One representative of the American legion.
(b) One representative of the veterans of foreign wars of the
United States.
(c) One representative of the disabled American veterans.
(d) One representative of any other congressionally chartered
veterans' organization other than those organizations identified in
subdivision (a), (b), or (c).
(e) Three independent members who may or may not be a member
of 1 or more congressionally chartered veterans' organizations, but
who shall not represent any congressionally chartered veterans'
organization of which they are a member.
(2) The members shall be appointed by the governor. Each
member shall hold office for the term of 3 years from the time of
his or her appointment and shall continue to hold office at the
pleasure of the governor. The members enumerated in subsection
(1)(a), (b), (c), and (d) shall be appointed by the governor from
the original list of at least 3 individuals recommended by each
respective organization named in subsection (1)(a), (b), (c), and
(d).
(3) Each member of the board shall qualify by taking and
filing the constitutional oath of office.
(4) The governor may remove any member of the board for
misfeasance, malfeasance, or nonfeasance in office, after hearing.
Missing 3 or more consecutive meetings shall be considered
malfeasance and is grounds for removal.
(5) If a vacancy occurs during the term of office of a member
of the board of trustees, the member's successor shall be selected
from the same organization and in the same manner as the original
appointment for the balance of the unexpired term.
(6) The department of technology, management, and budget shall
furnish suitable offices for use of the board.
(7) The board may employ assistants and incur necessary
expenses in carrying out this act. Members of the board shall serve
without compensation, but shall be entitled to actual and necessary
expenses incurred in attending scheduled meetings of the board in
accordance with the accounting laws of this state.
(8) As used in this act:
(a) "Board" means the Michigan veterans' trust fund board of
trustees created in subsection (1).
(b) "Veteran" means that term as defined in section 1 of 1965
PA 190, MCL 35.61.
Sec. 6a. (1) The board of trustees shall establish in the
counties of this state representative veteran county committees for
the administration of the allocated money on the local level. The
board of trustees may combine 2 or more counties into a district
if, in the opinion of the board of trustees, a more efficient local
administration may result from that combination.
(2) Each member appointed shall have demonstrated knowledge,
skills, and experience in public service, business, or finance.
Members shall be appointed as follows:
(a) One representative of the American legion.
(b) One representative of the veterans of foreign wars of the
United States.
(c) One representative of the disabled American veterans.
(d) One representative of any other congressionally chartered
veterans' organization other than those organizations identified in
subdivision (a), (b), or (c).
(e) Not less than 1 independent member who may or may not be a
member of 1 or more congressionally chartered veterans'
organizations, but shall not represent any congressionally
chartered veterans' organization of which he or she is a member.
(3) Members appointed under subsection (2) shall be appointed
by the board of trustees upon recommendation of the organizations
identified in subsection (2). For members appointed under
subsection (2)(a), (b), or (c), a recommendation for appointment
shall come from an organized and functioning local unit of the
organization, through the organization's headquarters. For a member
appointed under subsection (2)(d), a recommendation for appointment
shall come from the state headquarters of the congressionally
chartered veterans' organization that validates the nominated
member's qualifying criteria. For members appointed under
subsection (2)(e), candidates shall submit through the county or
district committee the request for consideration of appointment
with the required criteria validated.
(4) Each member of a county or district committee shall be a
veteran.
(5) The board of trustees may remove a member of a county or
district committee for misfeasance, malfeasance, or nonfeasance in
office, after hearing. Missing 2 or more consecutive meetings shall
be considered malfeasance and is grounds for removal.
(6) If a vacancy occurs during the term of office of a member
of a county or district committee, the member's successor shall be
selected from the same organization and in the same manner as the
original appointment for the balance of the unexpired term.
(7) Members of a county or district committee shall serve
without compensation, but shall be entitled to actual and necessary
expenses incurred in attending scheduled meetings of the committee
or in attending a meeting to make a determination on a grant, which
expenses, together with administration expenses, shall be paid from
money allocated to the county or district committee as provided in
this act.
(8) The county boards of commissioners, or the board of county
auditors in a county with a board of county auditors, shall provide
suitable office space for county and district committees.
(9) A veteran who considers himself or herself aggrieved at a
decision rendered by a county or district committee in connection
with a request for assistance may appeal that decision to the board
of trustees. The decision of the board of trustees on an appeal
referred to it is final and binding on the veteran and the county
or district committee.
Enacting section 1. Sections 3 and 6 of 1946 (1st Ex Sess) PA
9, MCL 35.603 and 35.606, are repealed.
Enacting section 2. This amendatory act takes effect January
1, 2012.
