SB-1028, As Passed Senate, February 14, 2006
SUBSTITUTE FOR
SENATE BILL NO. 1028
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending sections 1 and 6 (MCL 400.1 and 400.6), as amended by
1995 PA 223.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) A department of state government is created that
shall
be known and designated as the family independence agency,
department of human services and that shall possess the powers
granted
and perform the duties imposed in this act. The family
independence
agency department shall consist of a director and the
assistants
and employees appointed or employed in the family
independence
agency department.
(2)
The family independence agency department is responsible
for the operation and supervision of the institutions and
facilities
established within the family independence agency
department. The institutions and facilities may be operated on a
coeducational
basis. The family independence agency department
shall make and enforce its own rules, not inconsistent with the law
governing the institutions or facilities under its control,
respecting the conduct of the institutions and facilities,
discipline in the institutions and facilities, the care of
property, and the welfare of the residents.
(3)
The family independence agency shall be department is,
in all respects, the legal successor to the powers, duties, and
responsibilities of the juvenile institute commission.
(4) A reference in this act to "the state department of social
services",
"the state department",
or "department", means
or
"the family independence agency" means the department of human
services.
(5) A rule promulgated under this act or an exception to a
rule promulgated under this act shall not discriminate in favor of
or against any provider, facility, or employer licensed under this
act based on the presence of, or lack of, a collective bargaining
agreement with employees, nor shall collective bargaining status,
level of wages, or fringe benefits be used to demonstrate or excuse
compliance with state licensing or regulatory standards or
requirements.
Sec.
6. (1) The family independence agency department may
promulgate all rules necessary or desirable for the administration
of programs under this act. Rules shall be promulgated under the
administrative
procedures act of 1969, Act No. 306 of the Public
Acts
of 1969, being sections 24.201 to 24.328 of the Michigan
Compiled
Laws 1969 PA 306, MCL 24.201
to 24.328. Beginning
2
years
after the effective date of subsection (2), if the Michigan
supreme
court rules that sections 45 and 46 of Act No. 306 of the
Public
Acts of 1969, being sections 24.245 and 24.246 of the
Michigan
Compiled Laws, are unconstitutional and a statute
requiring
legislative review of administrative rules is not enacted
within
90 days after the Michigan supreme court ruling, this
subsection
does not apply.
(2)
The family independence agency department may develop
regulations to implement the goals and principles of assistance
programs created under this act, including all standards and
policies related to applicants and recipients that are necessary or
desirable to administer the programs. These regulations are
effective and binding on all those affected by the assistance
programs. Except for policies described in subsections (3) and (4),
regulations described in this subsection, setting standards and
policies necessary or desirable to administer the programs, are
exempt
until the expiration of 12 months after the effective
date
of
this subsection March 28,
1997 from the rule promulgation
requirements
of the administrative procedures act of 1969, Act No.
306
of the Public Acts of 1969, being sections 24.201 to 24.328 of
the
Michigan Compiled Laws 1969
PA 306, MCL 24.201 to 24.328. Upon
the
expiration of 12 months after the effective date of this
subsection
March 28, 1997, regulations described in this
subsection are not effective and binding unless processed as
emergency
rules under section 48 of Act No. 306 of the Public Acts
of
1969, being section 24.248 of the Michigan Compiled Laws the
administrative procedures act of 1969, 1969 PA 306, MCL 24.248, or
promulgated
in accordance with Act No. 306 of the Public Acts of
1969
the administrative
procedures act of 1969, 1969 PA 306, MCL
24.201 to 24.328.
(3)
The family independence agency department may develop
policies to establish income and asset limits, types of income and
assets to be considered for eligibility, and payment standards for
assistance programs administered under this act. Policies developed
under this subsection are effective and binding on all those
affected by the assistance programs. Policies described in this
subsection
are exempt from the rule promulgation requirements of
Act
No. 306 of the Public Acts of 1969 the
administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Not less
than 30 days before policies developed under this subsection are
implemented, they shall be submitted to the senate and house
standing committees and appropriation subcommittees with oversight
of human services.
(4)
The family independence agency department may develop
policies to implement requirements that are mandated by federal
statute or regulations as a condition of receipt of federal funds.
Policies developed under this subsection are effective and binding
on all those affected by the programs. Policies described in this
subsection
are exempt from the rule promulgation requirements of
Act
No. 306 of the Public Acts of 1969 the
administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(5)
All rules, regulations, and policies established by the
family
independence agency department
shall be in writing, shall
be provided to the legislature, and shall be made available for
inspection
by any member of the public at all department
offices
of
the family independence agency during regular business hours.
(6)
Until the expiration of 12 months after the effective
date
of this subsection March 28,
1997, a bipartisan task force of
legislators appointed in the same manner as members are appointed
to standing committees of the legislature shall meet regularly with
the family
independence agency department
to review proposed
policies and regulations for the family independence program.
Meetings of the bipartisan task force are subject to the open
meetings
act, Act No. 267 of the Public Acts of 1976, being
sections
15.261 to 15.275 of the Michigan Compiled Laws 1976 PA
267, MCL 15.261 to 15.275.
(7) Subsection (2) does not apply to standards and policies
related
to the providers of services which that
have a written
contractual relationship or are an enrolled medicaid provider with
the family
independence agency department.
(8) A rule promulgated under this act or an exception to a
rule promulgated under this act shall not discriminate in favor of
or against any provider, facility, or employer licensed under this
act based on the presence of, or lack of, a collective bargaining
agreement with employees, nor shall collective bargaining status,
level of wages, or fringe benefits be used to demonstrate or excuse
compliance with state licensing or regulatory standards or
requirements.