Bill Text: MI HB4776 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Human services: other; certain references in the social welfare act; make gender neutral. Amends sec. 32 of 1939 PA 280 (MCL 400.32). TIE BAR WITH: HJR F'23
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2023-06-20 - Bill Electronically Reproduced 06/15/2023 [HB4776 Detail]
Download: Michigan-2023-HB4776-Introduced.html
HOUSE BILL NO. 4776
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 32 (MCL 400.32), as amended by 1995 PA 223.
the people of the state of michigan enact:
Sec. 32. (1) Subject to section 14g, a person an individual qualified for and receiving assistance under this act in any county in this state who moves or is taken to another county in this state may continue to receive assistance in the county to which the person individual has moved or is taken, and the county family independence agency department of the county from which the person individual has moved shall transfer all necessary records relating to the person individual to the county family independence agency department of the county to which the person has moved.
(2) For purposes of the family independence program and medical assistance under this act, a resident of this state is a person an individual who is living in this state voluntarily with the intention of making his or her home in this state and not for a temporary purpose and who is not receiving assistance from another state. For purposes of medical assistance, a resident of this state also includes a person an individual and the dependents of a person an individual who, at the time of application, is living in this state, is not receiving assistance from another state, and entered the state with a job commitment or seeking employment in this state. For purposes of determining eligibility to receive assistance under this act, excluding recipients of supplemental security income under title XVI of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1381 to 1382, and 1383 to 1383d or state supplementation under this act, the continued absence of a recipient from this state, unless the absence is temporary or intent to return is established as provided by applicable federal regulations, shall constitute constitutes abandonment by the recipient of residence in this state. Any existing rule that has been promulgated under this act that defines temporary absence for the purpose of eligibility for family independence assistance or medical assistance, or that provides for continuation of eligibility if the absence is not temporary, is not applicable.
(3) For purposes of medical assistance eligibility the requirements in subsection (2) apply except as otherwise provided in federal regulations for the administration of the medical assistance program under title XIX. of the social security act, 42 U.S.C. 1396 to 1396g and 1396i to 1396v.
(4) The residence of a husband one spouse shall not be considered to be the residence of the wife other spouse if they the spouses are living separate and apart. If a husband and wife the spouses are living separate and apart, each may have a separate residence dependent upon proof of the fact and not upon legal presumption. This subsection shall does not be construed to prohibit a person an individual from acquiring or retaining a legal residence.
Enacting section 1. This amendatory act does not take effect unless Senate Joint Resolution ____ or House Joint Resolution F (request no. 00367'23) of the 102nd Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.
