Senate Introduced Bill 914
SENATE BILL NO. 914
EXECUTIVE BUDGET BILL
February 24, 1998, Introduced by Senators GEAKE, STEIL, GOUGEON, and MC MANUS and referred to the Committee on Appropriations.
A bill to make appropriations for the family independence agency and
certain state purposes related to public welfare services for the fiscal
year ending September 30, 1999; to provide for the expenditure of the
appropriations; to create funds; to provide for the imposition of fees;
to provide for reports; to provide for the disposition of fees and other
income received by the state agency; and to provide for the powers and
duties of certain individuals, local governments, and state departments,
agencies, and officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 101. There is appropriated for the family independence agency
and certain state purposes related to public welfare services for the
fiscal year ending September 30, 1999, from the following funds:
FAMILY INDEPENDENCE AGENCY
APPROPRIATIONS SUMMARY:
Full-time equated classified positions . . .13,228.0
Full-time equated unclassified positions . . . . . . .6.0
GROSS APPROPRIATION . . . . . . . . $ 2,899,116,400
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartment transfers. . . . . . . . 150,000
ADJUSTED GROSS APPROPRIATION. . . . . . $ 2,898,966,400
Federal revenues:
Total federal revenues. . . . . . . 1,722,443,100
Special revenue funds:
Total local revenues. . . . . . . . 61,163,600
Total private revenues. . . . . . . 7,731,100
Total other state restricted revenues . . . . . . 88,508,300
State general fund/general purpose. . . . . . . . $ 1,019,120,300
EXECUTIVE OPERATIONS
Full-time equated unclassified positions . . . . . . .6.0
Full-time equated classified positions . . . . 929.3
Unclassified salaries--6.0 FTE positions. . . . . . . . $ 478,000
Executive operations--727.3 FTE positions . . . . . . . 32,965,300
Contractual services, supplies, and materials . . . . . . . 10,330,300
Demonstration projects--11.0 FTE positions. . . . . . . 10,605,700
End user support. . . . . . . 4,916,000
Computer service fees . . . . . . . 12,931,700
ASSIST project--25.0 FTE positions. . . . . . . . 33,846,500
Data system enhancement--26.0 FTE positions . . . . . . 12,620,300
Child support automation--25.0 FTE positions. . . . . . . . 26,461,100
Child support distribution computer system. . . . . . . 625,000
Commission on disability concerns--7.0 FTE
positions. . . . . . . . 709,600
Commission for the blind--108.0 FTE positions . . . . . . . 17,060,200
GROSS APPROPRIATION . . . . . . . . $ 163,549,700
Appropriated from:
Interdepartmental grant revenues:
IDG-ADP user fees . . . . . . 150,000
Appropriated from:
Federal revenues:
Total federal revenues. . . . . . . 92,521,800
Special revenue funds:
Total local revenues. . . . . . . . 475,000
Total private revenues. . . . . . . 1,840,000
Total other state restricted revenues . . . . . . 477,300
State general fund/general purpose. . . . . . . . $ 68,085,600
FAMILY SERVICES ADMINISTRATION
Full-time equated classified positions . . . . 396.0
Family services administration operations--
320.0 FTE positions. . . . . . . . $ 14,810,500
Contractual services, supplies, and materials . . . . . . . 6,896,500
Child support incentive payments. . . . . . . 32,409,600
Legal support contracts . . . . . . 87,853,700
Supplemental security income advocates, salaries
and wages--17.0 FTE positions. . . . . . . . 1,044,100
State incentive payments. . . . . . . . 4,449,000
Employment and training support services. . . . . . . . 24,826,700
Food stamp issuance . . . . . . . . 5,374,400
High school completion project--4.0 FTE positions . . . . . . . . 308,400
Wage employment verification reporting--2.0
FTE positions. . . . . . 5,030,000
Urban and rural empowerment/enterprise zones. . . . . . . . 100
Community services block grant. . . . . . . . 18,100,000
Training and staff development--53.0 FTE positions. . . . . . . . 9,513,100
GROSS APPROPRIATION . . . . . . . . $ 210,616,100
Appropriated from:
Federal revenues:
Total federal revenues. . . . . . . 184,041,000
Special revenue funds:
Local funds - donated funds . . . . . . 340,000
State general fund/general purpose. . . . . . . . $ 26,235,100
CHILD AND FAMILY SERVICES
Full-time equated classified positions . . . . 103.3
Children and family services operations--53.3
FTE positions. . . . . . $ 2,667,200
Contractual services, supplies, and materials . . . . . . . 1,782,000
Refugee assistance program--9.0 FTE positions . . . . . . . 7,377,100
County juvenile officers. . . . . . . . 3,470,300
Foster care payments. . . . . . . . 218,941,200
Youth in transition--19.0 FTE positions . . . . . . . . 10,196,900
Interstate compact. . . . . . 300,000
Adoption subsidies. . . . . . 121,056,200
Child care fund . . . . . . . 61,958,100
Children's benefit fund donations . . . . . . 21,000
Domestic violence prevention and treatment--1.0
FTE position . . . . . . 5,662,200
Teenage parent counseling--3.0 FTE positions. . . . . . . . 3,405,200
Family preservation and prevention
services--13.0 FTE positions . . . . . . 63,016,500
Black child and family institute. . . . . . . 100,000
Rape prevention and services. . . . . . 1,100,000
Attorney general contract . . . . . . . 1,708,700
Guardian contract . . . . . . 600,000
County shelters . . . . . . . 200,000
Prosecuting attorney contract--1.0 FTE position . . . . . . 1,061,700
Children's trust fund administration--4.0 FTE
positions. . . . . . . . 330,300
Children's trust fund grants . . . . . . . . 3,615,000
GROSS APPROPRIATION . . . . . . . . $ 508,569,600
Appropriated from:
Federal revenues:
Total federal revenues. . . . . . . 265,582,600
Special revenue funds:
Local funds - county payback. . . . . . 7,221,200
Private - children's benefit fund donations . . . . . . 21,000
Private - collections . . . . . . . 4,101,300 Children's trust fund. . . . . . . 2,070,300
State general fund/general purpose. . . . . . . . $ 229,573,200
DELINQUENCY SERVICES
Full-time equated classified positions . . . 1,211.1
Delinquency services operations . . . . . . . $ 14,526,900
Genesee valley and Detroit detention centers--210.2
FTE positions. . . . . . 8,297,500
Residential care centers--45.0 FTE positions. . . . . . . . 2,518,100
Federally funded activities--26.1 FTE positions . . . . . . 1,790,800
W.J. Maxey memorial fund. . . . . . . . 45,000
Regional detention services--10.6 FTE positions . . . . . . 1,207,300
Juvenile boot camp program. . . . . . . 2,300,000
Committee on juvenile justice
administration--3.0 FTE positions. . . . . . 269,300
Committee on juvenile justice grants. . . . . . . 7,000,000
Juvenile accountability incentive block grant . . . . . . . 6,128,200
Personnel payroll costs--916.2 FTE positions. . . . . . . . 45,000,000
Delinquency block grant . . . . . . 48,553,900
GROSS APPROPRIATION . . . . . . . . $ 137,637,000
Appropriated from:
Federal revenues:
Total federal revenues. . . . . . . 35,315,600
Special revenue funds:
Local funds - county payback. . . . . . 52,629,900
Total private revenues. . . . . . . 45,000
State general fund/general purpose. . . . . . . . $ 49,646,500
ASSISTANCE PAYMENTS, SERVICES, AND CLERICAL FIELD STAFF
Full-time equated classified positions . . . 9,962.6
Field staff, salaries and wages--7,206.6 FTE
positions. . . . . . . .$ 276,615,200
Children and adult services, salaries and wages--
2,635.5 FTE positions. . . . . . . 105,632,800
Contractual services, supplies, and materials . . . . . . . 23,500,800
Outstationed eligibility workers--30.0 FTE
positions. . . . . . . . 3,497,800
Volunteer services and reimbursement--90.5 FTE
positions. . . . . . . . 6,925,200
GROSS APPROPRIATION . . . . . . . . $ 416,171,800
Appropriated from:
Federal revenues:
Total federal revenues. . . . . . . 258,515,200
Special revenue funds:
Local funds - donated funds . . . . . . 193,100
Private funds - hospital contributions. . . . . . 1,723,800
State general fund/general purpose. . . . . . . . $ 155,739,700
CENTRAL SUPPORT ACCOUNTS
Rent. . . . . . . . $ 49,476,000
Occupancy charge. . . . . . . 5,308,500
Travel. . . . . . . 7,726,800
Equipment . . . . . . . . 2,740,000
Workers' compensation . . . . . . . 5,166,900
Advisory commissions. . . . . . . . 17,900
Payroll taxes and fringe benefits . . . . . . 147,323,000
GROSS APPROPRIATION . . . . . . . . $ 217,759,100
Appropriated from:
Federal revenues:
Total federal revenues. . . . . . . 123,057,300
Special revenue funds:
Local funds - county payback. . . . . . 304,400
Departmentwide lapse revenue. . . . . . 4,000,000
State general fund/general purpose. . . . . . . . $ 90,397,400
DISABILITY DETERMINATION SERVICES
Full-time equated classified positions . . . . 602.0
Disability determination operations--602.0
FTE positions. . . . . . $ 66,616,000
GROSS APPROPRIATION . . . . . . . . $ 66,616,000
Appropriated from:
Federal revenues:
Total federal revenues. . . . . . . 66,616,000
State general fund/general purpose. . . . . . . . $ 0
PUBLIC ASSISTANCE
Full-time equated classified positions . . . . .23.7
Family independence program . . . . . . $ 563,141,800
State disability assistance payments. . . . . . . 23,738,100
Food stamp program benefits . . . . . . 132,000,000
State supplementation . . . . . . . 57,653,600
State supplementation administration. . . . . . . 2,502,000
Low income energy assistance program--21.7 FTE
positions. . . . . . . . 72,000,000
State emergency relief--2.0 FTE positions . . . . . . . 37,400,000
Weatherization assistance . . . . . . . 10,900,000
Day care services . . . . . . 278,861,600
GROSS APPROPRIATION . . . . . . . . $ 1,178,197,100
Appropriated from:
Federal revenues:
Total federal revenues. . . . . . . 696,793,600
Special revenue funds:
Child support collections . . . . . . . 70,160,600
Supplemental security income recoveries . . . . . . . . 5,800,000
Public assistance recoupment revenue. . . . . . . 6,000,100
State general fund/general purpose. . . . . . . . $ 399,442,800
GENERAL SECTIONS
. . . . . . . . . . . . . . . . . . . . . . . . Sec. 201. (1)
Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state sources for fiscal year 1998-99 is
estimated at $1,107,628,600.00 in this bill and state spending from
state sources to local units of government for fiscal year 1998-99 is
estimated at $155,111,500.00. The itemized statement below identifies
appropriations from which spending to units of local government will
occur:
FAMILY INDEPENDENCE AGENCY
CHILD AND FAMILY SERVICES
Child care fund . . . . . . . . . . . . . . . . . . . . $ 61,958,100
County juvenile officers. . . . . . . . . . . . . . . . 2,741,600
Adoption subsidies. . . . . . . . . . . . . . . . . . . 51,396,500
DELINQUENCY SERVICES
Delinquency block grant . . . . . . . . . . . . . . . . 37,560,100
PUBLIC ASSISTANCE
State disability program. . . . . . . . . . . . . . . . 1,455,200
TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . $ 155,111,500
(2) If it appears to the principal executive officer of a department
or branch that state spending to local units of government will be less
than the amount that was projected to be expended under subsection (1),
the principal executive officer shall immediately give notice of the
approximate shortfall to the state budget director.
Sec. 202. The department may receive and expend advances or
reimbursements from the department of state police for the
administration of the individual and family grant disaster assistance
program. An account shall be established in the family independence
agency for this purpose when a disaster is declared. The authorization
and allotment for the account shall be in the amount advanced or
reimbursed from the department of state police.
Sec. 203. The state budget director may make administrative
transfers of appropriations for the family independence agency to
adjust amounts between the local funds - county payback line items in
section 101. Such transfers shall be made in compliance with section
393(1) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 204. In addition to funds appropriated in section 101 for all
programs and services, there is appropriated for write-offs of accounts
receivable, deferrals, and for prior year obligations in excess of
applicable prior year appropriations, an amount equal to total write-offs and prior year obligations, but not to exceed amounts available in
prior year revenues or current year revenues that are in excess of the
amount authorized.
Sec. 205. The expenditures and funding sources authorized under
this bill are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 206. The department may retain all of the state's share of
food stamp over issuance collections as an offset to general
fund/general purpose costs. Retained collections shall be applied
against federal funds deductions in all appropriation units where
department costs related to the investigation and recoupment of food
stamp over issuances are incurred. Retained collections in excess of
such costs shall be applied against the federal funds deducted in the
executive operations appropriation unit.
Sec. 207. The department shall submit a report to the chairpersons
of the senate and house appropriations subcommittees on the family
independence agency budget and to the senate and house fiscal agencies
on the details of allocations within program budgeting line items and
within the salaries and wages line items in the field services
appropriation unit. The report shall include a listing, by account,
dollar amount, and fund source, of salaries and wages; longevity and
insurance; retirement; contractual services, supplies, and materials;
equipment; travel; and grants within each program line item
appropriated for the fiscal year ending September 30, 1999.
Sec. 208. As used in this bill:
(a) "ADP" means automated data processing.
(b) "ASSIST" means automated social services information system.
(c) "Department" means the family independence agency.
(d) "FTE" means full-time equated position.
(e) "IDG" means interdepartmental grant.
(f) "Temporary assistance for needy families (TANF)" or "title IV"
means title IV of the social security act, chapter 531, 49 Stat. 620,
42 U.S.C. 601 to 603, 604 to 610, 612 to 613, 615 to 617, 620 to 629e,
651 to 669, 670 to 677, 679, and 681 to 687.
(g) "Title XX" means title XX of the social security act, chapter
531, 49 Stat. 620, 42 U.S.C. 1397 to 1397f.
Sec. 209. (1) In addition to the funds appropriated in section 101,
there is appropriated an amount not to exceed $200,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in
this bill pursuant to section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in section 101, there is
appropriated an amount not to exceed $5,000,000.00 for state restricted
contingency funds. These funds are not available for expenditure until
they have been transferred to another line item in this bill pursuant
to section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(3) In addition to the funds appropriated in section 101, there is
appropriated an amount not to exceed $20,000,000.00 for local
contingency funds. These funds are not available for expenditure until
they have been transferred to another line item in this bill pursuant
to section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in section 101, there is
appropriated an amount not to exceed $20,000,000.00 for private
contingency funds. These funds are not available for expenditure until
they have been transferred to another line item in this bill pursuant
to section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 210. If a legislative objective of this bill or the social
welfare act, 1939 PA 280, MCL 400.1 to 400.119b, cannot be implemented
without loss of federal financial participation because implementation
would conflict with or violate federal regulations, the department
shall notify the house and senate appropriations committees and the
house and senate fiscal agencies of that fact. Upon receipt of the
notification, a joint house and senate committee made up of the members
of the house and senate appropriations subcommittees dealing with
appropriations for the department may be appointed to meet with the
director of the department to review the substantive, procedural, and
legal ramifications of the legislative objective and to develop a plan
to attain that legislative objective.
Sec. 211. The department of civil service shall bill departments
and/or agencies at the end of the first fiscal quarter for the 1%
charges authorized by section 5 of article XI of the state constitution
of 1963. Payments shall be made for the total amount of the billing by
the end of the second fiscal quarter.
Sec. 212. In compliance with governmental accounting standards
board (GASB) statement no. 24, accounting and financial reporting for
certain grants and other financial assistance, federal food stamp
distributions, via coupons or electronic benefits transfer system, are
hereby appropriated and shall be recognized as general fund - special
purpose expenditures in the state's accounting records and financial
reports. The level of appropriation should coincide with anticipated
federal revenues for the fiscal year ending September 30, 1999.
Sec. 213. (1) Beginning October 1, 1998, there is a hiring freeze
imposed on the state classified civil service. State departments and
agencies are prohibited from hiring any new full-time state classified
civil service employees or prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not apply
to internal transfers of classified employees from 1 position to
another within a department or to positions that are 80% or more
federal or restricted funds.
(2) The state budget director shall grant exceptions to this hiring
freeze when the state budget director believes that the hiring freeze
will result in the state department or agency being unable to deliver
basic services. The state budget director shall report by the
fifteenth of each month to the chairpersons of the senate and house
appropriations committees the number of exclusions to the hiring freeze
approved during the previous month and the justification for the
exclusion.
Sec. 214. (1) The department shall submit to the department of
management and budget, the house and senate appropriations committees,
the house and senate fiscal agencies and the house and senate standing
committees having jurisdiction over technology issues, periodic reports
on the department's efforts to change the department's computer
software and hardware as necessary to perform properly in the year 2000
and beyond. These reports shall identify actual progress in comparison
to the department's approved work plan for these efforts.
(2) The department may present progress billings to the department
of management and budget for the costs incurred in changing computer
software and hardware as necessary to perform properly in the year 2000
and beyond. At the time progress billings are presented for
reimbursement, the department shall identify and forward as appropriate
the funding sources that should support the work performed.
Sec. 215. The department shall prepare a semiannual report on the
temporary assistance for needy families (TANF) federal block grant.
The report shall include projected expenditures for the current fiscal
year, an accounting of any previous year funds carried forward, and a
summary of all interdepartmental or interagency agreements relating to
the use of TANF funds. The report shall be forwarded to the house and
senate appropriations subcommittees on the family independence agency
budget on or before October 15, 1998 and April 15, 1999.
Sec. 216. If the revenue collected by the department from private
and local sources exceeds the amount appropriated in section 101, the
revenue may be carried forward, with approval from the state budget
director, into the subsequent fiscal year.
Sec 217. In order to be reimbursed for child care fund
expenditures, counties are required to submit department developed
reports to enable the department to document potential federal
claimable expenditures. This requirement is in accord with the
reporting requirements specified in section 400.117a,(7), of the social
welfare act.
EXECUTIVE OPERATIONS
Sec. 301. The department may receive local funds to be applied
toward the purchase of local office automation equipment. Local office
automation equipment shall only be purchased through appropriate
department wide automated data processing equipment contracts and shall
be the property of the department.
Sec. 302. Any unencumbered balances of the automated social
services information system line, the child support automation line,
wage employment verification reporting line and the data systems
enhancement line may not lapse and shall be carried forward to fiscal
year 2000.
Sec. 303. The department may distribute cash assistance to
recipients electronically by using debit cards.
Sec. 304. The appropriation in section 101 for the Michigan
commission for the blind includes funds for case services. These funds
may be used for tuition payments for blind clients for the school year
beginning September 1998.
Sec. 305. The appropriation in section 101 for commissions and
boards may be used for per diem payments to members of commissions or
boards for a full day of committee work at which a quorum is present
for performing official business as authorized by each respective
commission or board. The per diem payment for the Michigan commission
for the blind shall be at a rate of $50.00 per day.
Sec. 306. The data system enhancement line-item supports automation
initiatives such as the services worker support and electronic benefits
transfer systems intended to enhance agency programs, functions, and
services. The department shall submit by December 1, 1998 a report to
the chairpersons and members of the house and senate appropriations
subcommittees on the family independence agency specifying the
allocation of data system enhancement line-item appropriations by
project and support service for the fiscal year ending September 30,
1999. The department shall submit by December 1, 1998 and each quarter
thereafter, a report to the members of the house and senate
appropriations subcommittees on the family independence agency and the
standing committees having jurisdiction over technology issues, a
report detailing the use of funding and progress toward the completion
of the ASSIST project.
FAMILY SERVICES ADMINISTRATION
Sec. 401. (1) From the federal money received for child support
incentive payments, up to $6,265,200.00 shall be retained by the state
and expended for legal support contracts, state incentive payments, and
salaries and wages for office of child support staff.
(2) At the end of the current fiscal year, the department may, when
it is cost beneficial to the state and counties, withhold from
submitting to the federal office of child support administrative
expenses eligible for federal financial participation. The department
may recoup earned but unclaimed federal funds from the resulting
increased federal child support incentive. The recoupment by the
department shall be made prior to distribution of the increased
incentive to the counties. Any incentive funds retained by the state
under this section shall be separate and apart from incentive funds
retained in any other section of this bill.
Sec. 402. From the funds appropriated in section 101 for legal
support contracts and child support incentive payments, the department
may fund demonstration projects to enhance friend of the court child
support collections efforts for public assistance recipients. Funding
shall be from federal title IV-D and federal child support incentives
earned. The projects shall be implemented in no more than 3 counties.
Priority shall be given to counties with federal title IV-D aid to
families with dependent children collections exceeding $7,000,000.00 in
fiscal year 1992.
Sec. 403. Unexpended funds in the urban and rural empowerment and
enterprise zones line item shall not lapse but shall carry forward for
use in fiscal year 2000.
Sec. 404. Not later than September 30 of each year, the department
shall submit for public hearing to the chairpersons of the house and
senate appropriations subcommittees dealing with appropriations for the
department the proposed use and distribution plan for community
services block grant funds appropriated in section 101 for the
succeeding fiscal year.
Sec. 405. The department shall develop plans jointly with the
Indian affairs commission for the implementation of programs and the
distribution of funds for recognized tribal groups and organizations
under the block grant programs that are established by the federal
community services block grant act, subtitle B of title VI of Public
Law 97-35, 95 Stat. 511, 42 U.S.C. 9901 to 9910a and 9911 to 9912, and
that are administered by that bureau. The plans shall comply with the
regulations issued by the United States department of health and human
services.
Sec. 406. The state general fund/general purpose contribution
related to the Wayne County Third Circuit Court cooperative
reimbursement contract resides in the judiciary budget. There are no
general fund/general purpose funds appropriated for this purpose in the
family independence agency budget.
Sec. 407. From the funds appropriated in section 101, county
volunteer coordinators shall develop partnership agreements with their
local volunteer agencies.
Sec. 408. Any unencumbered balances included in the training and
staff development line for child welfare education may not lapse and
shall be carried forward to fiscal year 2000.
CHILD AND FAMILY SERVICES
Sec. 501. The following goal is established by state law. During
the fiscal year ending September 30, 1999, not more than 3,150 children
supervised by the department shall remain in foster care longer than 24
months. The department shall give priority to reducing the number of
children under 1 year of age in foster care.
Sec. 502. From the funds appropriated in section 101 for foster
care, the department shall provide 50% reimbursement to Indian tribal
governments for foster care expenditures for children who are under the
jurisdiction of Indian tribal courts and who are not otherwise eligible
for federal foster care cost sharing.
Sec. 503. The department shall not expend funds appropriated in
section 101 to provide intercountry adoption services.
Sec. 504. The department shall continue adoption subsidy payments
to families after the 18th birthday of an adoptee who meets the
following criteria:
(a) Has not yet graduated from high school or passed a high school
equivalency examination.
(b) Is making progress toward completing high school.
(c) Has not yet reached his or her 21st birthday.
Sec. 505. The department's ability to satisfy appropriation deducts
in section 101 for foster care private collections shall not be limited
to collections and accruals pertaining to services provided in the
current fiscal year but shall include revenues collected in excess of
the amount specified in section 101.
Sec. 506. Counties shall be subject to 50% charge back for the use
of alternative regional detention services, except for those counties
receiving a delinquency block grant, if those detention services do not
fall under the basic provision of section 117e of the social welfare
act, 1939 PA 280, MCL 400.117e, or if a county operates those detention
services programs primarily with professional rather than volunteer
staff.
Sec. 507. (1) In order to promote continuity of service for
children and families, the department shall, to the maximum extent
possible, enter into multi-year contracts for child welfare and
juvenile justice services.
(2) The bid specifications and contract award determinations for
child welfare and juvenile justice services shall include criteria
relative to provider experience, placing emphasis on total years of
experience in providing child welfare and juvenile justice services,
provision of services to persons of similar characteristics as the
target clientele, quality of prior child welfare and juvenile justice
services, length of service in the targeted geographic area, and the
adequacy of the provider's plan for coordinating the provision of
services in the targeted geographic area.
Sec. 508. Funds appropriated in section 101 for the child care fund
may be used as local match, if the department approves, for the
purchase of families first services for clients referred by juvenile
courts, except for delinquent children in counties receiving a
delinquency block grant. For local offices and courts choosing this
option, the in-home portion of the county child care fund plan must
authorize the transfer of funds from the state child care fund account
designated for that county to a local funds - county payback deduct
account associated with the family preservation services appropriation.
Sec. 509. (1) In addition to the amount appropriated in section
101, money granted or money received as gifts or donations to the
children's trust fund created by 1982 PA 249, MCL 21.171 to 21.172, is
appropriated for expenditure in an amount not to exceed $800,000.00.
(2) The state child abuse and neglect prevention board may initiate
a joint project with another state agency to the extent that the
project supports the programmatic goals of both the state child abuse
and neglect prevention board and the state agency. The department may
invoice the state agency for shared costs of a joint project in an
amount authorized by the state agency, and the state child abuse and
neglect prevention board may receive and expend funds for shared costs
of a joint project in addition to those authorized by section 101.
Sec. 510. (1) From the funds appropriated in section 101, the
department shall not expend funds to preserve or reunite a family,
unless there is a court order requiring the preservation or reuniting
of the family, if either of the following would result:
(a) A child would be living in the same household with a parent or
other adult who has been convicted of criminal sexual conduct against a
child.
(b) A child would be living in the same household with a parent or
other adult against whom there is a substantiated charge of sexual
abuse against a child.
(2) Notwithstanding subsection (1), this section shall not prohibit
counseling or other services provided by the department, if such
service is not directed toward influencing the child to remain in an
abusive environment, justifying the actions of the abuser, or reuniting
the family.
Sec. 511. The department shall not be required to put up for bids
contracts with service providers if currently only 1 provider in the
service area exists. Existing runaway service contracts and
contractors serving homeless youth shall be exempt from the bid
process.
PUBLIC ASSISTANCE
Sec. 601. (1) The department may terminate a vendor payment for
shelter when a recipient's rental unit is not in compliance with
applicable local housing codes or when the landlord is delinquent on
property tax payments. A landlord shall be considered to be in
compliance with local housing codes when the department receives from
the landlord a signed statement stating that the rental unit is in
compliance with local housing codes and that statement is not
contradicted by the recipient and the local housing authority. The
landlord also shall provide to the department a signed statement
indicating who currently owns the property and whether any delinquent
taxes are owed. The department shall terminate vendor payments if the
taxing authority or any other party notifies the department that taxes
are delinquent.
(2) Whenever a client agrees to the release of his or her name and
address to the local housing authority, the department shall request
from the local housing authority information regarding whether the
housing unit for which vendoring has been requested meets applicable
local housing codes. Vendoring shall be terminated for those units
that the local authority indicates in writing do not meet local housing
codes until such time as the local authority indicates in writing that
local housing codes have been met.
(3) In order to participate in the rent vendoring programs of the
department, a landlord shall cooperate in weatherization and
conservation efforts directed by the department or by an energy
provider participating in an agreement with the department when the
landlord's property has been identified as needing services.
Sec. 602. The department, together with other agencies, may
establish special projects to provide special needs shelter payment
levels for the family independence program that will support the
development of transitional shelter facilities for homeless families.
These facilities are to provide supportive services to families and to
support the development of permanent, low-income housing.
Sec. 603. (1) The department, as it determines is appropriate,
shall enter into agreements with energy providers by which cash
assistance recipients and the energy providers agree to permit the
department to make direct payments to the energy providers on behalf of
the recipient. The payments may include heat and electric payment
requirements from recipient grants and amounts in excess of the payment
requirements.
(2) The department shall establish caps for natural gas, wood,
electric heat service, deliverable fuel heat services, and for electric
service based on available federal funds.
(3) The department shall negotiate with positive billing utility
companies to develop extended payment plans. Such plans shall allow
clients who terminate from positive billing due to increased income to
make monthly payments in order to gradually liquidate utility arrears.
Sec. 604. A provider utility shall be entitled to recover in its
rates all qualifying costs incurred pursuant to an agreement between
the provider utility and the department for the payment of all or part
of assisted households' heating and electric service bills. Qualifying
costs shall include prudently incurred costs for incentives,
forgiveness, and energy conservation program development and operation
costs and the cost of capital incurred for assisted household
arrearages held by the provider utility. All qualifying costs incurred
from program years beginning after October 1, 1997, shall be subject to
deferred accounting and recovery through a general rate case
application or shall be subject to timely recovery through separate
limited purpose rate proceedings.
Sec. 605. (1) The department shall operate a state disability
assistance program. Except as provided in subsection (3), persons
eligible for this program shall include needy citizens of the United
States or aliens exempted from the supplemental security income
citizenship requirement who are at least 18 years of age or emancipated
minors meeting 1 or more of the following requirements:
(a) A recipient of supplemental security income, social security, or
medical assistance due to disability or 65 years of age or older.
(b) A person with a physical or mental impairment which meets
federal supplemental security income disability standards, except that
the minimum duration of the disability shall be 90 days. Substance
abuse alone is not defined as a basis for eligibility.
(c) A resident of an adult foster care facility, a home for the
aged, a county infirmary, or a substance abuse treatment center.
(d) A person receiving 30-day postresidential substance abuse
treatment.
(e) A person diagnosed as having acquired immunodeficiency
syndrome.
(f) A person receiving special education services through the local
intermediate school district.
(g) A caretaker of a disabled person as defined in subdivision
(a),(b), (e), or (f) above.
(2) Applicants for and recipients of the state disability assistance
program shall be considered needy if they:
(a) Meet the same asset test as is applied to applicants for the
family independence program.
(b) Have a monthly budgetable income that is less than the payment
standards.
(3) Except for a person described in subsection (1)(c) or (d), a
person is not disabled for purposes of this section if his or her drug
addiction or alcoholism is a contributing factor material to the
determination of disability. "Material to the determination of
disability" means that, if the person stopped using drugs or alcohol,
his or her remaining physical or mental limitations would not be
disabling. If his or her remaining physical or mental limitations
would be disabling, then the drug addiction or alcoholism is not
material to the determination of disability and the person may receive
state disability assistance. Such a person must actively participate
in a substance abuse treatment program, and the assistance must be paid
to a third party or through vendor payments. For purposes of this
section, substance abuse treatment includes receipt of inpatient or
outpatient services or participation in alcoholics anonymous or a
similar program.
Sec. 606. The level of reimbursement provided to state disability
assistance recipients in licensed adult foster care facilities shall be
the same as the prevailing supplemental security income rate under the
personal care category.
Sec. 607. County family independence agencies shall require each
recipient of state disability assistance who has applied with the
social security administration for supplemental security income to sign
a contract to repay any assistance rendered through the state
disability assistance program upon receipt of retroactive supplemental
security income benefits.
Sec. 608. The department's ability to satisfy appropriation
deductions in section 101 for state disability assistance/supplemental
security income recoveries and public assistance recoupment revenues
shall not be limited to recoveries and accruals pertaining to state
disability assistance, or family independence assistance grant payments
provided only in the current fiscal year, but shall include all related
net recoveries received during the current fiscal year.
Sec. 609. Adult foster care facilities providing domiciliary care
or personal care to residents receiving supplemental security income or
homes for the aged serving residents receiving supplemental security
income shall not require those residents to reimburse the home or
facility for care at rates in excess of those legislatively authorized.
To the extent permitted by federal law, adult foster care facilities
and homes for the aged serving residents receiving supplemental
security income shall not be prohibited from accepting third party
payments in addition to supplemental security income provided that the
payments are not for food, clothing, shelter, or result in a reduction
in the recipient's supplemental security income payment.
Sec. 610. The state supplementation level under the supplemental
security income program for the personal care/adult foster care and
home for the aged categories shall not be reduced during the fiscal
year beginning October 1, 1998 and ending September 30, 1999.
Sec. 611. In developing good cause criteria for the state emergency
relief program, the department shall grant exemptions if the emergency
resulted from unexpected expenses related to maintaining or securing
employment.
Sec. 612. (1) The department shall not require providers of burial
services to accept state payment for indigent burials as payments in
full. Providers shall be permitted to collect additional payment, not
to exceed $2,300.00, from relatives or other persons on behalf of the
deceased.
(2) Of the additional payments collected in subsection (1), 75%
shall be distributed to funeral directors and 25% to cemeteries or
crematoriums if cemeteries provide the vaults.
(3) Any additional payment collected pursuant to subsection (1)
shall not increase the maximum charge limit for state payment as
established by law.
Sec. 613. For purposes of determining housing affordability
eligibility for state emergency relief, a group is considered to have
sufficient income to meet ongoing housing expenses if their total
housing obligation does not exceed 75% of their total net income.
Sec. 614. From the funds appropriated in section 101 for state
emergency relief, the maximum allowable charge limit for indigent
burials shall be $1,360.00. It is the intent of the legislature that
this charge limit reflect a maximum payment to funeral directors of
$860.00 for funeral goods and services and a maximum payment to
cemeteries or crematoriums of $300.00 for cemetery goods and services.
In addition, a maximum payment of $200.00 shall be distributed to
either the funeral director or cemetery, whoever provides the burial
vault. Each provider of burial services shall be paid directly by the
department.
Sec. 615. Except as required by federal law or regulations, funds
appropriated in section 101 shall not be used to provide public
assistance to a person who is an illegal alien. This section shall not
prohibit the department from entering into contracts with food banks or
emergency shelter providers who may, as a normal part of doing
business, provide food or emergency shelter to individuals without
regard to citizenship status.
Sec. 616. (1) The appropriation in section 101 for the
weatherization program shall be expended in such a manner that at least
25% of the households weatherized under the program shall be households
of families receiving family independence assistance, state disability
assistance, or supplemental security income.
(2) Any unencumbered balances of the weatherization program shall
not lapse and may be carried forward to fiscal year 2000.
Sec. 617. Section 605(1) notwithstanding, a refugee or asylee who
loses their eligibility for the federal supplemental security income
program by virtue of exceeding the maximum time limit for eligibility
as delineated in Public Law 104-193 and who otherwise meets the
eligibility criteria of section 605, shall be eligible to receive
benefits under the state disability assistance program.
Sec. 618. The department shall exempt from the denial of title IV-A
assistance and food stamp benefits, contained in section 115 of title I
of the personal responsibility and work opportunity reconciliation act
of 1996, Public Law 104-193, 21 U.S.C. 862a, any individual who has
been convicted of a felony which included the possession, use, or
distribution of a controlled substance, after August 22, 1996, provided
that the individual is not in violation of his or her probation or
parole requirements. Benefits shall be provided to such individuals as
follows:
(a) A third party payee or vendor shall be required for any cash
benefits provided.
(b) An authorized representative shall be required for food stamp
receipt.
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