SB-0019, As Passed House, March 8, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 19

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1939 PA 280, entitled

 

"The social welfare act,"

 

by amending section 10b (MCL 400.10b), as amended by 2011 PA 198.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 10b. (1) Subject to subsection (2) (3) and except as

 

provided in subsection (4), (5), the department shall not grant

 

public cash assistance under this act to an individual if the

 

department receives information described in provided under section

 

10a that the individual is subject to arrest under an outstanding

 

warrant arising from a felony charge against that individual in

 

this or any other jurisdiction. The department shall not grant food

 

assistance to an individual if the individual has an outstanding

 

felony warrant and law enforcement is actively seeking the

 

individual. This subsection does not affect the eligibility for

assistance of other members of the individual's household. An

 

individual described in this subsection is eligible for cash

 

assistance when he or she is no longer subject to arrest under an

 

outstanding warrant as described in this section and law

 

enforcement is not actively seeking the individual.

 

     (2) Subject to subsection (3), the department shall not grant

 

cash assistance under this act to an individual if the department

 

receives information under section 84 of the corrections code of

 

1953, 1953 PA 232, MCL 791.284, that the individual has absconded

 

from supervision under that act. Subject to subsection (3), the

 

department shall not grant food assistance under this act to an

 

individual if the department receives information under section 84

 

of the corrections code of 1953, 1953 PA 232, MCL 791.284, that the

 

individual has absconded from supervision under that act and that

 

law enforcement or the department of corrections is actively

 

seeking the individual.

 

     (3) (2) If federal approval is required in order to prevent

 

the loss of federal reimbursement as a result of the application of

 

this section to a recipient receiving family independence program

 

assistance or food stamps, assistance, the department shall

 

promptly take any action necessary to obtain federal approval. In

 

the absence of any necessary federal approval, the department shall

 

apply this section only to recipients of state family assistance

 

and state disability assistance.

 

     (4) (3) Upon implementation by the department under section

 

10c, not later than July 1, 2013, the The department director or

 

his or her designee shall review information provided by the

department of state police under section 4 of the C.J.I.S. policy

 

council act, 1974 PA 163, MCL 28.214, to determine if public cash

 

assistance or food assistance recipients or applicants are subject

 

to arrest under an outstanding warrant as described in section 10a.

 

The department director or his or her designee shall review

 

information provided by the department of corrections under section

 

84 of the corrections code of 1953, 1953 PA 232, MCL 791.284, to

 

determine if cash assistance recipients or applicants are subject

 

to a warrant for absconding. The department director or his or her

 

designee shall review information provided by the department of

 

corrections under section 84 of the corrections code of 1953, 1953

 

PA 232, MCL 791.284, to determine if food assistance recipients or

 

applicants are subject to a warrant for absconding and if law

 

enforcement is actively seeking the recipients or applicants.

 

     (5) (4) Upon implementation by the department under section

 

10c, not later than July 1, 2013, and subject Subject to subsection

 

(2) (3) and except as provided in subsection (1), the department

 

shall not grant public cash assistance or food assistance under

 

this act to an individual if the department receives information

 

from the department of state police as provided in subsection (3)

 

(4) that the individual is subject to an arrest under an

 

outstanding warrant described in section 10a. Subject to subsection

 

(3), the department shall not grant cash assistance under this act

 

to an individual if the department receives information from the

 

department of corrections that the individual has absconded from

 

supervision. Subject to subsection (3), the department shall not

 

grant food assistance under this act to an individual if the

department receives information from the department of corrections

 

that the individual has absconded from supervision and law

 

enforcement is actively seeking the individual.

 

     (6) As used in this section:

 

     (a) "Abscond" and "actively seeking" mean those terms as

 

defined in section 84 of the corrections code of 1953, 1953 PA 232,

 

MCL 791.284.

 

     (b) "Cash assistance" means cash benefits provided under the

 

family independence program, the refugee assistance program, or

 

state disability assistance.

 

     (c) "Food assistance" means the food benefits provided under

 

the food assistance program administered under this act.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 18 of the 99th Legislature is enacted into

 

law.