Bill Text: MI HB5341 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Human services; county services; certain documents received from another agency or department; exempt from freedom of information act. Amends sec. 64 of 1939 PA 280 (MCL 400.64).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2014-12-31 - Assigned Pa 528'14 2014 Addenda [HB5341 Detail]
Download: Michigan-2013-HB5341-Engrossed.html
HB-5341, As Passed House, September 16, 2014
HOUSE BILL No. 5341
February 19, 2014, Introduced by Reps. Hooker, MacGregor and Kurtz and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 64 (MCL 400.64), as amended by 1985 PA 140.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 64. (1) Notwithstanding sections 2(6), 35, 45(6), and
46(6), applications and records concerning an applicant for or
recipient
of aid or relief assistance
under the terms of this act,
except
medical assistance, shall be considered are public records
and
shall be are open to inspection by persons authorized by the
federal
or state government, the state department, of social
services,
or the officials of the county,
city, or district
involved, in connection with their official acts and by the general
public
as to the names of recipients and the amounts of aid or
relief
assistance granted. General public access shall be is
restricted to persons who present a signed application containing
the name, the address, and the occupation of the persons signing
the application. A person shall not utter or publish the names,
addresses, or other information regarding applicants or recipients
except
in cases where fraud is charged or wrongful grant of aid
assistance is alleged. A person shall not use the names, addresses,
or other information regarding applicants or recipients for
political or commercial purposes.
(2) Records relating to persons applying for, receiving or
formerly receiving medical services under the categorical
assistance
programs of this act shall be are
confidential and shall
be used only for purposes directly and specifically related to the
administration of the medical program.
(3)
In each county, the department of social services shall
maintain an alphabetical index file in its office of cases
receiving assistance through the department. When a citizen makes a
personal visit to an office during regular office hours, and makes
inquiry as to the name or amount of assistance being received by a
person, the requester shall be given the information requested in
the
manner prescribed by the freedom of information act, Act No.
442
of the Public Acts of 1976, being sections 15.231 to 15.246 of
the
Michigan Compiled Laws.1976
PA 442, MCL 15.231 to 15.246.
(4) Subject to restrictions prescribed by federal regulations
governing
aid to families with dependent children temporary
assistance for needy families or other federal programs, rules of
the
state department, of social services, or otherwise, for
preventing the disclosure of confidential information to any person
not authorized by law to receive the confidential information, the
state
department of social services shall make available to a
public utility regulated by the Michigan public service commission
or a municipality information concerning applicants for, and
recipients of, public assistance, the disclosure of which is
necessary and the use of which is strictly limited to the purpose
of a public utility's administering a program created by statute or
by order of the Michigan public service commission and intended to
assist applicants for, or recipients of, public assistance in
defraying their energy costs.
(5) The state department may disclose information regarding
applicants for, and recipients of, assistance under this act in
connection with the administration of assistance under this act,
including the implementation and administration of section 60a, to
the
extent that such the disclosure in regard to applicants for and
recipients of federally funded assistance is in accordance with
applicable federal law and regulations regarding disclosure of
confidential information concerning applicants for or recipients of
federally funded assistance.
(6) Except as prescribed in section 61(2) and 61(3), a person
who
violates this section shall is,
upon conviction, be
guilty of a
misdemeanor , punishable by imprisonment for not more than 2 years
,
or by a fine of not more than
$1,000.00, or both. If an employee
of
the state violates this section, the employee shall is also
be
subject to dismissal from state employment subject to rules as
established by the civil service commission.
(7)
The county department of social services shall cause give
prompt
notice to be given to appropriate law enforcement officials
of
the furnishing of aid to dependent children temporary assistance
for needy families in each case where a child has been deserted or
abandoned
by a parent and aid assistance
is being furnished to the
child.
(8) Documents, reports, or records authored by or obtained
from another agency or organization shall not be released or open
for inspection under subsection (1) unless required by other state
or federal law, in response to an order issued by a judge,
magistrate, or other authorized judicial officer.
