HB-5441, As Passed Senate, December 8, 2005

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5441

     A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending section 57g (MCL 400.57g), as amended by 2001 PA 280.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 57g. (1) The  family independence agency  department

shall develop a system of penalties to be imposed if a recipient

fails to comply with applicable rules or the provisions of this

section  act related to family independence program benefits and

work first compliance. Penalties may be cumulative and may include

reduction of the grant, removal of  an individual  the recipient

from the family independence assistance group, and termination of

assistance to the family.

     (2) A penalty shall not be imposed if the recipient has

demonstrated that there was good cause for failing to comply. The

family independence agency  department shall determine the

circumstances that constitute good cause based on factors that are

beyond the recipient's control.  of a recipient.

     (3)  Recipients who are  A recipient who is willing to

participate in activities leading to self-sufficiency but who

require  requires child care or transportation in order to

participate shall not be penalized if the  family independence

agency  department determines that child care or transportation is

not reasonably available or provided to  them  him or her.

     (4) The system of penalties developed under subsection (1)

shall include both of the following:

     (a) Family independence program benefits shall be terminated

if a recipient fails, without good cause, to comply with applicable

child support requirements including efforts to establish paternity

and obtain child support. The assistance group is ineligible for

family independence program assistance for not less than 1 calendar

month. After assistance has been terminated for not less than 1

calendar month, assistance may be restored if the noncompliant

recipient complies with child support requirements including the

action to establish paternity and obtain child support.

     (b) For any instance of noncompliance, before determining that

a penalty shall be imposed, the  family independence agency

department shall determine if good cause for noncompliance exists.

The  family independence agency  department shall notify the

recipient that he or she has 10 days to demonstrate good cause for

noncompliance. If the department determines that good cause  is not

determined to  does not exist for the noncompliance, assistance

shall be terminated. After termination, the assistance group is

ineligible for family independence program assistance for not less

than 1 calendar month.

     (5) For the  purposes  purpose of this section,

"noncompliance" means 1 or more of the following:

     (a) A recipient quits a job.

     (b) A recipient is fired for misconduct or for absenteeism

without good cause.

     (c) A recipient voluntarily reduces the hours of employment or

otherwise reduces earnings.

     (d) A recipient does not participate in work first activities.

     (6) If a recipient does not meet the recipient's individual

social contract  family self-sufficiency plan requirements, the

family independence agency may  department shall impose a penalty.

     (7) After termination for the first instance of noncompliance,

the assistance group is ineligible for family independence program

assistance for not less than  1  3 calendar  month  months. After

assistance has been terminated for not less than  1  3 calendar

month  months, family independence program assistance may be

approved if the recipient completes a willingness to comply test

and reevaluation of the family self-sufficiency plan is approved

and amended by a family independence specialist and a work first

program caseworker. After termination for a second instance of

noncompliance, the assistance group is ineligible for family

independence program assistance for not less than 3 calendar

months. After assistance has been terminated for not less than 3

calendar months, family independence program assistance may be

approved if the recipient completes a willingness to comply test

and reevaluation of the family self-sufficiency plan is approved

and amended by a family independence specialist and a work first

program caseworker. The time a recipient is ineligible for family

independence program assistance due to termination after an

instance of noncompliance shall apply toward that recipient's 48-

month cumulative lifetime total. For purposes of this section,

"willingness to comply" means participating in work first or other

self-sufficiency activities for up to 40 hours within 10 working

days. At the time  any  a first or second penalty is imposed under

this section, the  family independence agency  department shall

provide the recipient written notice of his or her option to

immediately reapply for family independence program benefits and

that he or she may complete a "willingness to comply test" during

the penalty period. At the time a third penalty is imposed under

this section in a 24-month period, the recipient is ineligible for

family independence program assistance for not less than 24

calendar months.

     (8)  The family independence agency  Each county office shall

submit a report  for the period between February 1, 2002 and

December 31, 2002  once every 90 days to the legislature, the house

and senate fiscal agencies,  and the appropriate house and senate

standing committees that handle family and children's issues, and

the house and senate appropriations subcommittees for the

department budget, that contains all of the following information

for that time period:

     (a) The number of sanctions imposed for first instances of

noncompliance and reapplications made.

     (b) The number of sanctions imposed for second instances of

noncompliance and reapplications made.

     (c) The number of lifetime benefits imposed for third

instances of noncompliance.

(d)  (b) The number of family independence program cases

reopened.

(e)  (c) The number of  referrals to emergency shelters by

the department  family independence program cases permanently

closed.

     (d) The number of sanctions imposed on families with at least

1 disabled parent.

     (e) The number of sanctions imposed on families with disabled

children.

     Enacting section 1.  This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) Senate Bill No. 892.

     (b) Senate Bill No. 893.

     (c) Senate Bill No. 894.

     (d) House Bill No. 5438.

     (e) House Bill No. 5439.

     (f) House Bill No. 5440.

     (g) House Bill No. 5442.