October 18, 2005, Introduced by Senators McMANUS, GARCIA, BIRKHOLZ and KUIPERS and referred to the Committee on Judiciary.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 10b (MCL 400.10b), as added by 1996 PA 190.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10b. (1) Subject to subsection (2) and except as provided
in
subsection (4), the family
independence agency department
shall
not grant public assistance under this act to an individual if the
family
independence agency department
receives information and a
written statement described in section 10a that the individual is
subject to arrest under an outstanding warrant arising from a
felony charge against that individual or under an outstanding
warrant for extradition arising from a criminal charge against that
individual in another jurisdiction. 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 assistance when he or she is no longer subject to arrest under
an outstanding warrant as described in this section.
(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
assistance
or food stamps, the family independence agency
department shall promptly take any action necessary to obtain
federal approval. In the absence of any necessary federal approval,
the family independence agency shall apply this section only to
recipients of state family assistance and state disability
assistance.
(3) The department director or his or her designee shall
review information provided by the department of state police under
section 4 of the L.E.I.N. policy council act of 1974, 1974 PA 163,
MCL 28.214, to determine if public assistance recipients are
subject to arrest under an outstanding warrant as described in
section 10a. The department director or his or her designee shall
review this information every 30 days.
(4) Subject to subsection (2) and except as provided in
subsection (1), the department shall not grant public assistance
under this act to an individual if the department receives
information from the department of state police as provided in
subsection (3) that the individual is subject to an arrest under an
outstanding warrant described in section 10a.
(5) (3)
As used in this section:
(a) "Felony" means a violation of a penal law of this state or
the United States for which the offender may be punished by
imprisonment for more than 1 year, an offense expressly designated
by law to be a felony, or a violation of felony probation or
parole.
(b) "Public assistance" means family independence assistance,
state family assistance, state disability assistance, or food
stamps provided under this act.