SB-0731, As Passed House, May 13, 2008

SUBSTITUTE FOR

SENATE BILL NO. 731

     A bill to amend 1967 PA 150, entitled

"Michigan military act,"

(MCL 32.501 to 32.851) by adding section 236.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 236. (1) An officer or enlisted person serving in the

national guard while under state jurisdiction shall take a

department-administered post-traumatic stress disorder

questionnaire and a traumatic brain injury questionnaire before

being deployed in operation Iraqi freedom, operation enduring

freedom, or any other overseas service pursuant to any future

declaration of war by the United States Congress or the beginning

of an emergency condition recognized by the issuance of a

presidential proclamation or a presidential executive order. The

officer or enlisted person is exempt from this requirement if he or

she has completed similar questionnaires approved by the United

States department of veterans affairs or the United States

department of defense while under the control of the federal

government.

     (2) An officer or enlisted person serving in the national

guard within 90 days of his or her return to state jurisdiction

from operation Iraqi freedom, operating enduring freedom, or any

other overseas service pursuant to any future declaration of war by

the United States Congress or the beginning of an emergency

condition recognized by the issuance of a presidential proclamation

or a presidential executive order shall take a department-

administered post-traumatic stress disorder questionnaire and a

traumatic brain injury questionnaire.

     (3) An officer or enlisted person serving in the national

guard and who has returned to state jurisdiction from operation

Iraqi freedom or operation enduring freedom shall take a

department-administered post-traumatic stress disorder

questionnaire and a traumatic brain injury questionnaire. The

officer or enlisted person is exempt from this requirement if he or

she has completed similar questionnaires approved by the United

States department of veterans affairs or the United States

department of defense while under the control of the federal

government.

     (4) The officer or enlisted person is exempt from department-

administered post-traumatic stress disorder and traumatic brain

injury requirements if he or she has completed similar

questionnaires approved by the United States department of veterans

affairs or the United States department of defense while under the

control of the federal government.

     (5) An officer or enlisted person who has been discharged from

the national guard, an active duty servicemember residing in

Michigan, or a federal reservist residing in Michigan who has been

deployed in operation Iraqi freedom or operation enduring freedom

may take a department-administered post-traumatic stress disorder

questionnaire and a traumatic brain injury questionnaire free of

charge.

     (6) The questionnaires shall be developed by the department

with the assistance of any statewide associations specializing in

traumatic brain injuries, the Ann Arbor veteran administration

medical center, and the Michigan department of community health and

shall be approved by the United States department of veterans

affairs or the United States department of defense.

     (7) All post-traumatic stress disorder and traumatic brain

injury questionnaires shall be stored as electronic documents by

the department.

     (8) As used in this section, "department" means the department

of military and veterans affairs.