Bill Text: MI SB1006 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Human services: food assistance; considering an individual ineligible for food assistance based on a felony conviction; prohibit. Amends sec. 10b of 1939 PA 280 (MCL 400.10b) & adds sec. 14m.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2020-12-30 - Assigned Pa 0392'20 With Immediate Effect [SB1006 Detail]
Download: Michigan-2019-SB1006-Engrossed.html
Substitute For
SENATE BILL NO. 1006
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 applying for food
assistance 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. According to the option granted to this state by 21 USC 862a(d)(1), an individual convicted under federal or state law of a felony involving possession, distribution, or use of a controlled substance is exempt from the prohibition contained in 21 USC 862a(a) against eligibility for food assistance program benefits for those convictions.
