November 22, 2005, Introduced by Reps. Farhat, Palsrok, Nofs, Baxter, Emmons, Garfield, Robertson, Pavlov, Hansen, Booher, Jones, Moore, Hummel, Pastor, Stahl, Taub, Hoogendyk, Marleau, Huizenga, Gosselin, Palmer, Amos, Brandenburg, Drolet and Kooiman and referred to the Committee on Family and Children Services.
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 requirements, the family independence agency
department may impose a penalty.
(7) After termination for noncompliance, 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, family independence program
assistance may be approved if the recipient completes a willingness
to comply test. 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, the
department shall provide the recipient written notice that he or
she is no longer eligible to receive family independence program
benefits and that he or she may not reapply.
(8)
The family independence agency department shall submit a
report for the period between February 1, 2002 and December 31,
2002 to the legislature, the house and senate fiscal agencies, and
the appropriate house and senate standing committees that handle
family and children's issues, that contains all of the following
information for that time period:
(a) The number of sanctions imposed and reapplications made.
(b) The number of family independence program cases reopened.
(c) The number of referrals to emergency shelters by the
department.
(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.
(9) Each time a recipient is scheduled to participate in
activities to fulfill the work first requirement but fails to
participate in those activities, the assistance group's family
independence program payment shall be reduced by an amount per hour
equal to the current minimum wage rate as set in state or federal
law, whichever is the higher amount at the time the reduction is
imposed. A reduction of family independence program benefits under
this subsection may be imposed on the assistance group without the
reduction being considered a termination of benefits for
noncompliance under subsection (10).
(10) After the third termination for noncompliance under this
section, the assistance group is ineligible to receive any family
independence program benefits.
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._____ or House Bill No. 5445(request no.
04044'05).
(b) Senate Bill No._____ or House Bill No. 5439(request no.
04624'05).
(c) Senate Bill No._____ or House Bill No. 5446(request no.
04625'05).
(d) Senate Bill No._____ or House Bill No. 5440(request no.
05231'05).
(e) Senate Bill No._____ or House Bill No. 5442(request no.
05232'05).
(f) Senate Bill No._____ or House Bill No. 5443(request no.
05233'05).