October 22, 2009, Introduced by Senators BARCIA, KAHN, VAN WOERKOM, GLEASON, HARDIMAN, GARCIA, CROPSEY, ALLEN, BIRKHOLZ and PAPPAGEORGE 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 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:
(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,
state family assistance, state disability assistance, or food
stamps 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) 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 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 180 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
program, state family assistance, state disability
assistance, or
food
stamps assistance program,
or child development care program
provided under this act.
Sec. 10c. (1) The department of information technology 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, with information provided by the department
of state police, shall perform this comparison during January and
June of each year until July 1, 2012. 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 information technology 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 information technology
shall ensure that the department of state police does not have
access to benefit information, only address information.
(3) As used in this section, "extradition warrant" means an
outstanding warrant for extradition arising from a criminal charge
against the individual in another jurisdiction.