HOUSE BILL NO. 5709
May 07, 2024, Introduced by Reps. Beeler, Friske, Rigas, Bezotte and DeBoyer and referred to
the Committee on Government Operations.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 60 (MCL 400.60), as amended by 1999 PA 194.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 60. (1) Any person An individual who by means of willful
2 false statement or representation, by impersonation or other
3 fraudulent device, or by using an access device obtains or attempts
4 to obtain, or aids or abets any person individual to obtain or
5 attempt to obtain, (a) assistance or relief to which the person
6 individual is not entitled; or (b) a larger amount of assistance or
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1 relief than that to which the person individual is justly entitled;
2 or any officer or employee of a county, city, or district family
3 independence agency the department of health and human services who
4 authorizes or recommends relief to persons individuals known to the
5 officer or employee to be ineligible or to have fraudulently
6 created their eligibility; or any person individual who knowingly
7 buys or aids or abets in buying or in disposal of the property of a
8 person an individual receiving assistance or relief without the
9 consent of the director or supervisor of the state department
10 shall, if the amount involved shall be of the value of $500.00 or
11 less, be deemed of health and human services is guilty of a
12 misdemeanor and felony. The court shall , if the amount involved
13 shall be of the value of more than $500.00, be deemed guilty of a
14 felony, and upon conviction shall be punished as provided by the
15 laws of this state. The amount involved as used in this subsection
16 shall be defined as the difference between the lawful amount of
17 assistance or aid and the amount of assistance or aid actually
18 received. sentence the person to imprisonment for not less than 2
19 years and 6 months or more than 4 years. If anyone receives
20 assistance or relief through means enumerated in this section, in
21 which prosecution is deemed unnecessary, the state department of
22 health and human services or county departments may take the
23 necessary steps to recover from the recipient the amount involved,
24 plus interest at 5% per annum. On conviction of the violation of
25 the provisions of this section of any officer or employee of any
26 county, city, or district department of social welfare, the officer
27 or employee shall must be removed or dismissed from office. For the
28 purpose of this subsection, "access device" means that term as it
29 is defined in section 300a of the Michigan penal code, 1931 PA 328,
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1 MCL 750.300a.
2 (2) There is imposed upon on every person individual receiving
3 relief under this act either upon on the person's individual's own
4 application or by the person's individual's inclusion, to his or
5 her the individual's knowledge, in the application of another the
6 continuing obligation to supply to the department issuing the
7 relief: (a) the complete circumstances in regard to the person's
8 individual's income from employment or from any other source or the
9 existence of income, if known to the person, individual, of other
10 persons individuals receiving relief through the same application;
11 (b) information regarding each and every offer of employment for
12 the person individual or, if known to him or her, the individual,
13 of the other persons individuals receiving relief through the same
14 application; (c) information concerning changes in the person's
15 individual's circumstances or those of other persons individuals
16 receiving relief through the same application which would decrease
17 the need for relief; and (d) the circumstances or whereabouts,
18 known to the person, individual, of relatives legally responsible
19 for the person's individual's support or for the support of other
20 persons individuals receiving relief through the same application
21 if changes in those circumstances or whereabouts could affect the
22 amount of assistance available from those relatives or affect their
23 legal liability to furnish support. Any person individual who shall
24 neglect or refuse neglects or refuses to submit to the department
25 issuing relief the information required by this section , if the
26 amount of relief granted as a result of the neglect or refusal is
27 less than $500.00, is guilty of a misdemeanor, and if the amount of
28 relief granted as a result of the neglect or refusal is $500.00 or
29 more, is guilty of a felony, and upon on conviction the court shall
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1 be punished as provided by the laws of this state.sentence the
2 individual to imprisonment for not less than 2 years and 6 months
3 or more than 4 years.
4 Enacting section 1. This amendatory act takes effect 90 days
5 after the date it is enacted into law.
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Statutes affected:
House Introduced Bill: 400.60