Bill Text: MI SB0712 | 2011-2012 | 96th Legislature | Chaptered


Bill Title: Human services; services or financial assistance; determination of financial eligibility for family independence program; include certain lottery and gambling winnings. Amends sec. 10c of 1939 PA 280 (MCL 400.10c) & adds sec. 10e.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Passed) 2012-04-17 - Assigned Pa 0078'12 With Immediate Effect [SB0712 Detail]

Download: Michigan-2011-SB0712-Chaptered.html

Act No. 78

Public Acts of 2012

Approved by the Governor

April 11, 2012

Filed with the Secretary of State

April 11, 2012

EFFECTIVE DATE: April 11, 2012

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Senators Green, Moolenaar, Hildenbrand, Schuitmaker, Proos, Gleason, Kahn and Pappageorge

ENROLLED SENATE BILL No. 712

AN ACT to amend 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” by amending section 10c (MCL 400.10c), as added by 2011 PA 198, and by adding section 10e.

The People of the State of Michigan enact:

Sec. 10c. (1) The department of technology, management, and budget shall work with the department and the department of state police to develop and implement an automated program that does a comparison of the department’s list of public assistance recipients, and of any other list maintained by the department of individuals receiving assistance under this act, with the information regarding an outstanding felony warrant or extradition warrant received by the department of state police. This comparison shall only include public assistance recipients. Unless otherwise prohibited by law, this comparison shall include information regarding outstanding felony warrants or extradition warrants contained in a nonpublic record. The department of state police shall take all reasonable and necessary measures using the available technology to ensure the accuracy of information regarding outstanding felony warrants before transmitting the information under this subsection to the department. The department shall take all reasonable and necessary measures using the available technology to ensure the accuracy of this comparison before notifying a local office of an outstanding felony warrant or extradition warrant. If a comparison discloses that a person on the department’s list of public assistance recipients has an outstanding felony warrant or extradition warrant or if the department is otherwise notified by the department of state police that a person has an outstanding felony warrant or extradition warrant, the department shall notify the local office handling the recipient’s public assistance case of that outstanding felony warrant or extradition warrant. The local office shall take appropriate action regarding cases that local office receives notification of under this subsection.

(2) The department of technology, management, and budget shall work with the department and the department of state police to develop and implement an automated program that allows the department of state police to access address information of public assistance applicants or recipients. The department of technology, management, and budget shall ensure that the department of state police does not have access to benefit information, only address information.

(3) Not later than July 1, 2013, the automated program described in this section shall be implemented by the department. Upon implementation, the department shall submit a report to the chairpersons of the senate and house appropriations subcommittees handling the department budget, and the senate and house policy offices and fiscal agencies, that the automated program has been implemented.

(4) As used in this section, “extradition warrant” means an outstanding warrant for extradition arising from a criminal charge against the individual in another jurisdiction.

Sec. 10e. Money received from lottery winnings or other gambling winnings shall be included when determining financial eligibility for the family independence program and the food assistance program administered under this act as follows:

(a) If received as a lump-sum payment, lottery winnings and other gambling winnings shall be counted as assets.

(b) If received in installment payments, lottery winnings and other gambling winnings shall be counted as unearned income.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor