January 18, 2011, Introduced by Reps. Horn, Wayne Schmidt, MacMaster, LaFontaine, Muxlow and Somerville and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending sections 32, 57f, and 57r (MCL 400.32, 400.57f, and
400.57r), section 32 as amended by 1995 PA 223, section 57f as
amended by 2006 PA 468, and section 57r as amended by 2007 PA 9,
and by adding sections 57v, 57w, 57x, and 57y.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32. (1) Subject to section 14g, a person qualified for
and receiving assistance under this act in any county in this state
who moves or is taken to another county in this state may continue
to receive assistance in the county to which the person has moved
or
is taken, and the county family independence agency department
of the county from which the person has moved shall transfer all
necessary
records relating to the person to the county family
independence
agency department of the county to which the person
has moved.
(2) For purposes of the family independence program and
medical assistance under this act, a resident of this state is a
person who is living in this state voluntarily with the intention
of making his or her home in this state and not for a temporary
purpose and who is not receiving assistance from another state. For
purposes of the family independence program, an individual must
have resided in this state for not less than 180 days prior to
applying for family independence program benefits. For purposes of
medical assistance, a resident of this state also includes a person
and the dependents of a person who, at the time of application, is
living in this state, is not receiving assistance from another
state, and entered the state with a job commitment or seeking
employment in this state. For purposes of determining eligibility
to receive assistance under this act, excluding recipients of
supplemental security income under title XVI of the social security
act,
chapter 531, 49 Stat. 620, 42 U.S.C. USC 1381
to 1382 , and
1383 to 1383d, or state supplementation under this act, the
continued absence of a recipient from this state, unless the
absence is temporary or intent to return is established as provided
by applicable federal regulations, shall constitute abandonment by
the recipient of residence in this state. Any existing rule that
has been promulgated under this act that defines temporary absence
for the purpose of eligibility for family independence assistance
or medical assistance, or that provides for continuation of
eligibility if the absence is not temporary, is not applicable.
(3) For purposes of medical assistance eligibility the
requirements in subsection (2) apply except as otherwise provided
in federal regulations for the administration of the medical
assistance program under title XIX of the social security act, 42
U.S.C.
USC 1396 to 1396g and 1396i to 1396v 1396w-2.
(4) The residence of a husband shall not be considered to be
the residence of the wife if they are living separate and apart. If
a husband and wife are living separate and apart, each may have a
separate residence dependent upon proof of the fact and not upon
legal presumption. This subsection shall not be construed to
prohibit a person from acquiring or retaining a legal residence.
Sec. 57f. (1) The department shall enter into an agreement
with the department of energy, labor, and economic growth to
facilitate the administration of work first. The department shall
make information on the program available to the legislature.
(2) Except as provided in section 57b, at the time the
department determines that an individual is eligible to receive
family independence assistance under this act, the department shall
determine whether that individual is eligible to participate in the
work first program or if the individual is exempt from work first
participation
under this section. The Except
as otherwise provided
in this section, the particular activities in which the recipient
is required or authorized to participate, the number of hours of
work required, and other details of work first shall be developed
by the department and the department of energy, labor, and economic
growth and shall be set forth in the recipient's family self-
sufficiency plan. If a recipient has cooperated with work first,
the recipient may enroll in a program approved by the local
workforce development board or authorized under subsection (6). Any
and all training or education with the exception of high school
completion,
GED preparation, and literacy training, and programs
authorized under subsection (6) must be occupationally relevant and
in demand in the labor market as determined by the local workforce
development board and may be no more than 2 years in duration.
Participants must make satisfactory progress while in training or
education.
(3) The following individuals are exempt from participation in
work first:
(a)
A child under the age of 16.
(b)
A child aged 16 or older, or a minor parent, who is
attending
elementary or secondary school full-time.
(c)
The parent of a child under the age of 3 months. The
family
independence agency may require a parent exempted from
participation
in work first under this subdivision to participate
in
family services, including, but not limited to, instruction in
parenting,
nutrition, and child development beginning 6 weeks after
the
birth of his or her child until the child is 3 months old as
fulfillment
of that parent's social contract obligation under
section
57e(1)(c).
(d)
An individual aged 65 or older.
(e)
A recipient of supplemental security income.
(f)
An individual who meets 1 or more of the following
criteria
to the extent that the individual, based on medical
evidence
and an assessment of need by the department, is severely
restricted
in his or her ability to participate in employment or
training
activities:
(i) A recipient of social security disability, or
medical
assistance
due to disability or blindness.
(ii) An individual suffering from a physical or mental
impairment
that meets federal supplemental security income
disability
standards, except that no minimum duration is required.
(iii) The spouse of an individual described in
subparagraph (i)
or
(ii) who is the full-time caregiver of that individual.
(iv) A parent or caretaker of a child who is suffering
from a
physical
or mental impairment that meets the federal supplemental
security
income disability standards, except that no minimum
duration
is required.
(a) (g)
Beginning April 1, 2007, the The
parent of a child
under the age of 3 months. The department may require a parent
exempted from participation in work first under this subdivision to
participate in family services, including, but not limited to,
instruction in parenting, nutrition, and child development
beginning 6 weeks after the birth of his or her child until the
child is 3 months old as fulfillment of that recipient's family
self-sufficiency plan obligation under section 57e(1)(c).
(b) (h)
Beginning April 1, 2007, a A recipient of supplemental
security income.
(c) (i)
Beginning April 1, 2007, an An
individual who meets 1
or more of the following criteria to the extent that the
individual, based on medical evidence and an assessment of need by
the department, is severely restricted in his or her ability to
participate in employment or training activities:
(i) A recipient of social security disability , or medical
assistance due to disability or blindness.
(ii) An individual suffering from a physical or mental
impairment that meets federal supplemental security income
disability standards, except that no minimum duration is required.
(iii) The spouse of an individual described in subparagraph (i)
or (ii) who is the full-time caregiver of that individual.
(iv) A parent or caretaker of a child who is suffering from a
physical or mental impairment that meets the federal supplemental
security income disability standards, except that no minimum
duration is required.
(v) An individual with low intellectual capacity or learning
disabilities that impede comprehension and prevent success in
acquiring basic reading, writing, and math skills, including, but
not limited to, an individual with an intelligence quotient less
than 80.
(vi) An individual with documented chronic mental health
problems that cannot be controlled through treatment or medication.
(vii) An individual with physical limitations on his or her
ability to perform routine manual labor tasks, including, but not
limited to, bending or lifting, combined with intellectual capacity
or learning disabilities.
(d) An individual aged 65 or older.
(4) In addition to those individuals exempt under subsection
(3), the department may grant a temporary exemption from
participation in work first, not to exceed 90 days, to an
individual who is suffering from a documented short-term mental or
physical illness, limitation, or disability that severely restricts
his or her ability to participate in employment or training
activities. An individual with a documented mental or physical
illness, limitation, or disability that does not severely restrict
his or her ability to participate in employment or training
activities shall be required to participate in work first at a
medically permissible level.
(5) An individual is not disabled for purposes of this section
if substance abuse is a contributing factor material to the
determination of disability.
(6) The time an individual spends in an early childhood
education program or volunteering in a community service
organization counts toward work first participation requirements.
The community service is not required to be set up or coordinated
through the department, but documentation of the hours an
individual participates in the community service must be provided
to the work first representative in charge of the individual's
case.
(7) (6)
The department may promulgate rules
in accordance with
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328, identifying exemptions under this section. The director
of the department may grant exemptions for extenuating
circumstances beyond the exemptions provided for in this section.
The department shall annually provide to the legislature, at the
same time as the governor's departmental budget proposal, a report
of the number of exemptions issued under this section and the
individual reason for those exemptions.
(8) (7)
This section does not apply after September 30, 2011.
Sec.
57r. (1) Beginning October 1, 2007 Except as provided in
section 57v, if the department determines that an individual is
eligible to participate in the work first program and resides in a
county in which a jobs, education and training (JET) program is
available, family independence assistance shall be paid to that
individual for not longer than a cumulative total of 48 months
during that individual's lifetime. If the recipient is meeting all
the requirements outlined in his or her family self-sufficiency
plan, has not received more than 2 penalties under section 57g
after October 1, 2007, has not received any penalties under section
57g in the preceding 12 months, and labor market conditions or
employment barriers prevent employment placement, the recipient may
apply to the department for an extension of family independence
assistance benefits for a period not to exceed 12 months over the
48-month cumulative lifetime total. Nothing in this subsection
prevents the department from providing assistance to individuals
who are determined to be exempt from work first participation under
section 57f.
(2)
This section does not apply after September 30, 2011.
Sec. 57v. (1) An individual who is ineligible to receive
family independence program benefits because he or she has gained
employment and no longer fits the financial eligibility criteria
for family independence program benefits or because he or she has
received family independence program benefits for the maximum
period allowed under law may reimburse the state for all the money
that he or she received for family independence program benefits.
As an alternative to cash repayment to the state under this
section, at the department's direction, an individual may
participate in community service at an organization that is not
operated for profit and is exempt from federal income tax under
section 501(c)(3) of the internal revenue code, 26 USC 501. The
department shall establish a schedule that translates the amount of
hours of community service to be performed into the equivalent
amount of cash repayment.
(2) An individual described in subsection (1) is eligible to
receive further family independence program benefits after he or
she has repaid the state 100% of the amount he or she received in
family independence program benefits. After that individual has
reimbursed the state as provided in this section and in rules
promulgated by the department, he or she is eligible to receive
family independence program benefits for an additional 24-month
period provided he or she meets all the other family independence
program eligibility requirements.
(3) An individual described in subsection (1) may begin
repayment to the state at any time after notification by the
department that he or she is no longer eligible to receive family
independence program benefits for 1 of the reasons set forth in
subsection (1).
(4) The department shall promulgate rules to implement this
section according to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
(5) Money repaid to the state under this section shall be
deposited into the cash assistance repayment fund created in
section 57w.
Sec. 57w. (1) The cash assistance repayment fund is created
within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department of human services shall be the
administrator of the fund for auditing purposes.
(5) The department of human services shall expend money from
the fund, upon appropriation, for offsetting future family
independence program obligations.
Sec. 57x. Beginning on the effective date of the amendatory
act that added this section, if the individual has a member of the
family group who is truant from school under the local school
district's attendance policy, the family group is no longer
eligible for family independence program benefits until the member
is no longer truant.
Sec. 57y. A family independence program recipient who is the
parent of a child under 5 years old must participate in an early
childhood education program that is available in his or her area in
order to continue to be eligible for family independence benefits.