SENATE BILL No. 817
November 6, 2001, Introduced by Senators JOHNSON and HAMMERSTROM and referred to
the Committee on Families, Mental Health and Human Services.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending sections 57d, 57e, 57f, and 57g (MCL 400.57d,
400.57e, 400.57f, and 400.57g), as added by 1995 PA 223, and by
adding section 14h.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 SEC. 14H. (1) THE FAMILY INDEPENDENCE AGENCY SHALL USE AN
2 ELECTRONIC BENEFIT TRANSFER SYSTEM FOR FOOD STAMP DISTRIBUTION.
3 (2) TO THE EXTENT THAT RULES OR PARTS OF RULES PROMULGATED
4 UNDER THIS ACT CONFLICT WITH THE PROVISIONS OF THIS SECTION, THE
5 PROVISIONS OF THIS SECTION SUPERSEDE THOSE RULES OR PARTS OF
6 RULES.
7 (3) THE FOLLOWING RULES ARE RESCINDED:
8 (A) R 400.3002 OF THE MICHIGAN ADMINISTRATIVE CODE.
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1 (B) R 400.3003 OF THE MICHIGAN ADMINISTRATIVE CODE.
2 (C) R 400.3004 OF THE MICHIGAN ADMINISTRATIVE CODE.
3 (D) R 400.3007 OF THE MICHIGAN ADMINISTRATIVE CODE.
4 (E) R 400.3008 OF THE MICHIGAN ADMINISTRATIVE CODE.
5 (F) R 400.3012 OF THE MICHIGAN ADMINISTRATIVE CODE.
6 (G) R 400.3013 OF THE MICHIGAN ADMINISTRATIVE CODE.
7 Sec. 57d. (1) The
Michigan jobs commission
DEPARTMENT OF
8 CAREER DEVELOPMENT and the family independence agency shall con-
9 duct joint orientation sessions for family independence assist-
10 ance applicants no less frequently than weekly. After the family
11 independence agency makes an initial determination that an adult
12 or a child aged 16 or older who is not attending elementary or
13 secondary school full-time might be eligible for family indepen-
14 dence assistance, that individual shall attend a joint orienta-
15 tion session as a condition of eligibility prior to receipt of
16 family independence assistance. After completion of the orienta-
17 tion, the individual and the family independence agency shall
18 develop the family's social contract in accordance with section
19 57e. If all eligibility
criteria are met, the
family indepen-
20 dence agency shall
provide family independence
assistance to the
21 family for not more than
2 months.
22 (2) By the end of 2
months following the
orientation ses-
23 sion described in
subsection (1), the family
independence agency
24 shall review the
individual's compliance with the
social
25 contract. If
the individual has failed FAILS to
cooperate with
26 work first JOINT ORIENTATION OR OTHER REQUIRED EMPLOYMENT AND
27 TRAINING ACTIVITIES, the
family is ineligible for
further
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1 family independence assistance.
If the individual
fails to
2 cooperate with any other
social contract
requirement, the
3 (3) THE family independence agency shall impose penalties
4 under section 57g .
IF THE INDIVIDUAL FAILS TO
COMPLY WITH
5 EITHER OF THE FOLLOWING:
6 (i) WORK FIRST ACTIVITIES.
7 (ii) EMPLOYMENT AND TRAINING ACTIVITIES.
8 (4) THE FAMILY INDEPENDENCE AGENCY MAY IMPOSE PENALTIES
9 UNDER SECTION 57G IF THE INDIVIDUAL FAILS TO COMPLY WITH THE
10 INDIVIDUAL'S SOCIAL CONTRACT REQUIREMENTS.
11 (5) If the individual is complying with the social contract,
12 the family independence agency and the recipient shall revise the
13 social contract if necessary and the family independence assist-
14 ance group shall continue to receive family independence assist-
15 ance so long as the recipients meet family independence assist-
16 ance program requirements.
17 Sec. 57e. (1) Each family receiving family independence
18 assistance shall execute a social contract outlining the respon-
19 sibilities of members of the family independence assistance
20 group. The social contract shall be developed jointly by the
21 family independence agency and the adult family members and shall
22 identify compliance goals that are to be met by members of the
23 family independence assistance group. The social contract shall
24 reflect the individual needs and abilities of the particular
25 family, and shall include at least all of the following:
26 (a) The obligation of each adult and each child aged 16 or
27 older who is not attending elementary or secondary school
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1 full-time to participate in work first unless exempt under
2 section 57f.
3 (b) The obligation of each minor parent who has not com-
4 pleted secondary school to attend school.
5 (c) The obligation of each adult
to engage in
at least 20
6 hours per week of
employment, work first
activities, education
7 or training, community service activities, or self-improvement
8 activities, AS DETERMINED APPROPRIATE BY THE FAMILY INDEPENDENCE
9 AGENCY, UP TO 40 HOURS PER WEEK.
10 (d) The obligation to cooperate in the establishment of
11 paternity and the procurement of child support, if applicable.
12 (e) The obligation of a recipient who fails to comply with
13 compliance goals due to substance abuse to participate in sub-
14 stance abuse treatment and submit to any periodic drug testing
15 required by the treatment program.
16 (f) Any other obligation the family independence agency
17 determines is necessary to enable the family to achieve
18 independence.
19 (2) Beginning 6
weeks after the birth of her
child until
20 the child is 3 months old,
the family independence
agency may
21 permit a mother
exempted from work first under
section 57f(3)(d)
22 to receive instruction in
parenting, nutrition, and
child devel-
23 opment as fulfillment of
her social contract
obligation under
24 section (1)(c).
25 (2) (3)
The family independence agency shall
monitor each
26 family's compliance with the social
contract. If
the family
27 fails to comply with the
compliance goals set forth
in the social
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1 contract, the family
independence agency shall
impose penalties
2 under section 57g.
3 Sec. 57f. (1) The family independence agency shall enter
4 into an agreement with the
Michigan jobs
commission DEPARTMENT
5 OF CAREER DEVELOPMENT in order to facilitate the administration
6 of work first. The family independence agency shall make infor-
7 mation on the program available to the legislature.
8 (2) Except as otherwise provided in subsection (3), every
9 member of a family independence assistance group shall be
10 referred to and shall participate in
work first.
If a recipient
11 has cooperated with
work first but the work first
agency deter-
12 mines that a job is not
available, the recipient
may enroll in a
13 program that is
specifically job-related and of no
more than 2
14 years' duration that is
offered by a college or
university, com-
15 munity college,
state-licensed vocational or
technical education
16 program, or
state-licensed proprietary school. The
particular
17 activities in which the recipient is required or authorized to
18 participate, the number of hours of work required, and other
19 details of work first shall be
developed by the
Michigan jobs
20 commission
DEPARTMENT OF CAREER DEVELOPMENT and
the family inde-
21 pendence agency and shall be set forth in the recipient's social
22 contract.
23 (3) The following individuals are exempt from participation
24 in work first:
25 (a) A child under the age of 16.
26 (b) A child aged 16 or older, or a minor parent, who is
27 attending elementary or secondary school full-time.
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1 (c) An individual who
is working a minimum
number of hours
2 determined by the family
independence agency to be
necessary to
3 meet federal
requirements.
4 (C) (d)
The mother of a child under the age
of 3 months.
5 THE FAMILY INDEPENDENCE AGENCY MAY REQUIRE A MOTHER EXEMPTED FROM
6 PARTICIPATION IN WORK FIRST UNDER THIS SUBDIVISION TO PARTICIPATE
7 IN FAMILY SERVICES, INCLUDING, BUT NOT LIMITED TO, INSTRUCTION IN
8 PARENTING, NUTRITION, AND CHILD DEVELOPMENT BEGINNING 6 WEEKS
9 AFTER THE BIRTH OF HER CHILD UNTIL THE CHILD IS 3 MONTHS OLD AS
10 FULFILLMENT OF THAT MOTHER'S SOCIAL CONTRACT OBLIGATION UNDER
11 SECTION 57E(1)(C).
12 (D) (e)
An individual aged 65 or older.
13 (E) A RECIPIENT OF SUPPLEMENTAL SECURITY INCOME.
14 (F) AN INDIVIDUAL WHO MEETS 1 OR MORE OF THE FOLLOWING CRI-
15 TERIA TO THE EXTENT THAT THE INDIVIDUAL, BASED ON MEDICAL EVI-
16 DENCE AND AN ASSESSMENT OF NEED BY THE FAMILY INDEPENDENCE
17 AGENCY, IS SEVERELY RESTRICTED IN HIS OR HER ABILITY TO PARTICI-
18 PATE IN EMPLOYMENT OR TRAINING ACTIVITIES:
19 (i)
(f) A recipient of supplemental security
income,
20 social security disability, or medical assistance due to disabil-
21 ity or blindness.
22 (ii)
(g) An individual suffering from a
physical or mental
23 impairment that meets federal supplemental security income dis-
24 ability standards, except that no minimum duration is required.
25 (iii)
(h) The spouse of an individual
described in
26 subdivision (f) or (g)
SUBPARAGRAPH (i) OR (ii) who
is the
27 full-time caregiver of that individual.
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1 (iv)
(i) A parent or caretaker of a child who
is suffering
2 from a physical or mental impairment that meets the federal sup-
3 plemental security income disability standards, except that no
4 minimum duration is required.
5 (4) In addition to those individuals exempt under subsection
6 (3), the family independence agency may grant a temporary exemp-
7 tion from participation in work first, not to exceed 90 days, to
8 an individual who is suffering from a documented short-term
9 mental or physical illness, limitation, or disability that
10 severely restricts his or her ability to participate in employ-
11 ment or training activities. An individual with a documented
12 mental or physical illness, limitation, or disability that does
13 not severely restrict his or her ability to participate in
14 employment or training activities shall be required to partici-
15 pate in work first at a medically permissible level.
16 (5) An individual is not disabled for purposes of this sec-
17 tion if substance abuse is a contributing factor material to the
18 determination of disability.
19 Sec. 57g. (1) The family independence agency shall develop
20 a system of penalties to be imposed if a recipient fails to
21 comply with the compliance goals set forth in the family indepen-
22 dence assistance group's social contract or commits fraud.
23 Penalties may be cumulative and may include reduction of the
24 grant, removal of an individual from the family independence
25 assistance group, and termination of assistance to the family.
26 (2) A penalty shall not be imposed if the recipient has
27 demonstrated that there was good cause for the noncompliance.
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1 The family independence agency
shall determine
those THE
2 circumstances that constitute good cause based on factors that
3 are beyond the control of a recipient.
4 (3) Recipients who are willing to participate in activities
5 leading to self-sufficiency but who require child care or trans-
6 portation in order to participate shall not be penalized if the
7 family independence agency determines that child care or trans-
8 portation is not reasonably available or provided to them.
9 (4) THE SYSTEM OF PENALTIES DEVELOPED UNDER SUBSECTION (1)
10 SHALL INCLUDE ALL OF THE FOLLOWING:
11 (A) FAMILY INDEPENDENCE PROGRAM BENEFITS SHALL BE TERMINATED
12 IF A RECIPIENT FAILS TO COMPLY WITH APPLICABLE CHILD SUPPORT
13 REQUIREMENTS INCLUDING EFFORTS TO ESTABLISH PATERNITY AND OBTAIN
14 CHILD SUPPORT. THE ASSISTANCE GROUP IS INELIGIBLE FOR FAMILY
15 INDEPENDENCE PROGRAM ASSISTANCE FOR NOT LESS THAN 1 CALENDAR
16 MONTH. AFTER ASSISTANCE HAS BEEN TERMINATED FOR NOT LESS THAN 1
17 MONTH, ASSISTANCE MAY BE RESTORED IF THE NONCOMPLIANT RECIPIENT
18 COMPLIES WITH CHILD SUPPORT REQUIREMENTS INCLUDING THE ACTION TO
19 ESTABLISH PATERNITY AND OBTAIN CHILD SUPPORT.
20 (B) FOR THE FIRST INSTANCE OF NONCOMPLIANCE, THE FAMILY
21 INDEPENDENCE AGENCY SHALL DETERMINE WITHIN 10 DAYS IF GOOD CAUSE
22 FOR NONCOMPLIANCE EXISTS. IF GOOD CAUSE IS NOT DETERMINED TO
23 EXIST, ASSISTANCE SHALL BE TERMINATED. AFTER TERMINATION, THE
24 ASSISTANCE GROUP IS INELIGIBLE FOR FAMILY INDEPENDENCE PROGRAM
25 ASSISTANCE FOR NOT LESS THAN 1 CALENDAR MONTH.
26 (C) FOR A SECOND OR SUBSEQUENT INSTANCE OF NONCOMPLIANCE,
27 THE FAMILY INDEPENDENCE AGENCY SHALL TAKE ACTION TO TERMINATE
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1 FAMILY INDEPENDENCE PROGRAM ASSISTANCE AND NOTIFY THE RECIPIENT
2 THAT HE OR SHE HAS 10 DAYS TO DEMONSTRATE GOOD CAUSE OR FAMILY
3 INDEPENDENCE PROGRAM ASSISTANCE SHALL BE TERMINATED. AFTER TER-
4 MINATION, THE ASSISTANCE GROUP IS INELIGIBLE FOR FAMILY INDEPEN-
5 DENCE PROGRAM ASSISTANCE FOR NOT LESS THAN 1 CALENDAR MONTH.
6 (5) FOR THE PURPOSES OF THIS SECTION, "NONCOMPLIANCE" MEANS
7 1 OR MORE OF THE FOLLOWING:
8 (A) A RECIPIENT QUITS A JOB.
9 (B) A RECIPIENT IS FIRED FOR MISCONDUCT OR FOR ABSENTEEISM
10 WITHOUT GOOD CAUSE.
11 (C) A RECIPIENT VOLUNTARILY REDUCES THE HOURS OF EMPLOYMENT
12 OR OTHERWISE REDUCES EARNINGS.
13 (D) A RECIPIENT DOES NOT PARTICIPATE IN WORK FIRST
14 ACTIVITIES.
15 (E) A RECIPIENT DOES NOT MEET THE RECIPIENT'S INDIVIDUAL
16 SOCIAL CONTRACT REQUIREMENTS AND THE FAMILY INDEPENDENCE AGENCY
17 DETERMINES THAT A PENALTY IS NECESSARY.
18 (F) OTHER INSTANCES AS DETERMINED BY THE FAMILY INDEPENDENCE
19 AGENCY.
20 (6) AFTER TERMINATION FOR NONCOMPLIANCE, THE ASSISTANCE
21 GROUP IS INELIGIBLE FOR FAMILY INDEPENDENCE PROGRAM ASSISTANCE
22 FOR NOT LESS THAN 1 CALENDAR MONTH. AFTER ASSISTANCE HAS BEEN
23 TERMINATED FOR NOT LESS THAN 1 MONTH, FAMILY INDEPENDENCE PROGRAM
24 ASSISTANCE MAY BE RESTORED IF THE PERSON COMPLETES A WILLINGNESS
25 TO COMPLY TEST. FOR PURPOSES OF THIS SECTION, "WILLINGNESS TO
26 COMPLY" MEANS PARTICIPATING IN WORK FIRST OR OTHER
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1 SELF-SUFFICIENCY ACTIVITIES FOR UP TO 40 HOURS WITHIN 10 WORKING
2 DAYS.
3 Enacting section 1. This amendatory act is effective
4 January 1, 2002.
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