FOOD ASSISTANCE; FELONY CHARGE                                                   S.B. 1006 (S-2):

                                                                                                    SUMMARY OF BILL

                                                                                                  ON THIRD READING

 

 

 

 

 

 

 

 

Senate Bill 1006 (Substitute S-2 as reported by the Committee of the Whole)

Sponsor:  Senator Jim Ananich

Committee:  Families, Seniors and Veterans

 


CONTENT

 

The bill would amend the Social Welfare Act to do the following:

 

 --    Specify that provisions prohibiting the Department of Health and Human Services (DHHS) from granting food assistance to an individual with an outstanding felony warrant would not apply to an individual if he or she had an outstanding felony warrant for a violation of Part 74 (Offenses and Penalties) of the Public Health Code.

 --    Specify that, according to the option granted to the State by 21 USC 862a(d)(1), an individual convicted under Federal or State law of a felony involving possession, distribution, or use of a controlled substance would be exempt from the prohibition contained in 21 USC 862a(a) against eligibility for food assistance program benefits for those convictions.

 

(Title 21 USC 862a(a) specifies that an individual convicted of any offense that is classified as a felony that has as element of possession, use, or distribution of a controlled substance is not eligible for food assistance program benefits, among other things. Title 21 USC 862a(d)(1) allows states to opt out of the prohibition above by specific reference in law.)

 

MCL 400.10b et al.                                                   Legislative Analyst:  Tyler VanHuyse

 

FISCAL IMPACT

 

The bill would have a negative fiscal impact on the DHHS and no fiscal impact on local units of government. The bill would allow for individuals with drug-related felony warrants and drug-related felony convictions to qualify for Food Assistance Program (FAP) benefits. The FAP program is entirely Federally funded so, while the bill would require an increase in FAP appropriations, no State-provided funding would be needed. The total Federal authorization increase is uncertain because there is insufficient data as to the number of individuals with drug-related warrants.

 

The table below shows the estimated average costs had individuals with two or more drug related felony convictions been eligible for FAP benefits in fiscal year (FY) 2016-17 through FY 2018-19.

 

Fiscal Year

FAP Applicants Denied Benefits for 2+ Drug-Related Felony Convictions

Estimated Average Annual Cost

2016-17

2,920

$4,240,500

2017-18

2,130

3,138,100

2018-19

1,948

2,785,900

 

 

Date Completed:  9-30-20                                                  Fiscal Analyst:  John Maxwell

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.