SENATE BILL NO. 1006
June 25, 2020, Introduced by Senators ANANICH,
HOLLIER, WOJNO, IRWIN, MOSS, CHANG, MCMORROW, ALEXANDER, SANTANA, BAYER,
MCCANN, GEISS and HERTEL and referred to the Committee on Families,
Seniors, and Veterans.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 10b (MCL 400.10b), as amended by 2017 PA 13, and by adding section 14m.
the people of the state of michigan enact:
Sec. 10b. (1) Subject to subsection (3) and except as
provided in subsection (5), the department shall not grant cash assistance
under this act to an individual if the department receives information 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 Except as otherwise provided in this subsection, 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. This subsection does not apply to an individual if he or she has
an outstanding felony warrant for a violation of part 74 of the public health
code, 1978 PA 368, MCL 333.7401 to 333.7461.
(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) 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 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) 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 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) Subject to subsection
(3) and except as provided in subsection (1), the department shall not grant
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 (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.
Sec. 14m. A felony conviction for a violation of part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461, does not automatically make an individual ineligible to receive food assistance benefits.