SB-0941, As Passed Senate, April 13, 2010

SUBSTITUTE FOR

SENATE BILL NO. 941

     A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending sections 10a and 10b (MCL 400.10a and 400.10b), as

added by 1996 PA 190, and by adding section 10c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 10a. (1) Notwithstanding any other provision of this act,

and subject to subsection (2), the family independence agency

department shall disclose the address of a recipient, applicant, or

known member of a recipient's or applicant's household to a

federal, state, or local law enforcement officer if all of the

following requirements are met:

     (a) The the officer furnishes the family independence agency

department with the name of the recipient, applicant, or known

member of the recipient's or applicant's household, the

recipient's, applicant's, or member's social security number or

other identifying information, if known, and information showing

that the recipient, applicant, or member of the household is

subject to arrest under an outstanding warrant arising from a

felony charge or under an outstanding warrant for extradition

arising from a criminal charge in another jurisdiction, or is a

material witness in a criminal case arising from a felony charge.

     (b) The officer provides a written statement to the family

independence agency attesting that locating or apprehending the

recipient or member of the recipient's household is within the

officer's official duties and that the information is necessary for

the officer to conduct his or her official duties.

     (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 department shall apply this section

only to recipients of state family assistance and state disability

assistance.

     (3) As used in this section, section 10b, and section 10c:

     (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) "Known member of a recipient's household" means an

individual listed on the recipient's application for public

assistance as an individual who is living with the recipient.

     (c) "Material witness" means an individual who is required by

subpoena, summons, certificate, or other order of a court to appear

and give testimony in a criminal case.

     (d) "Public assistance" means family independence assistance

program, state family assistance, state disability assistance, or

food stamps assistance program, or child development and care

program provided under this act.

     (e) "Recipient" means an individual receiving public

assistance.

     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 in this or any other 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 department shall apply this section

only to recipients of state family assistance and state disability

assistance.

     (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.

     (3) Upon implementation by the department under section 10c,

not later than July 1, 2011, 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 public assistance

recipients or applicants are subject to arrest under an outstanding

warrant as described in section 10a.

     (4) Upon implementation by the department under section 10c,

not later than July 1, 2011, and 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.

Sec. 10c. (1) Beginning October 1, 2010, 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, 2011, 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.