SENATE BILL No. 1028

 

 

February 2, 2006, Introduced by Senators SANBORN, CROPSEY, HAMMERSTROM, SIKKEMA and HARDIMAN and referred to the Committee on Families and Human Services.

 

 

 

     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.

 

     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.