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.