Bill Text: MI SB0862 | 2019-2020 | 100th Legislature | Chaptered
Bill Title: Human services: other; financial exploitation prevention act exemption of certain information's availability to the public; provide for. Amends sec. 11d of 1939 PA 280 (MCL 400.11d). TIE BAR WITH: SB 0464'19
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2020-12-30 - Assigned Pa 0346'20 [SB0862 Detail]
Download: Michigan-2019-SB0862-Chaptered.html
Act No. 346
Public Acts of 2020
Approved by the Governor
December 30, 2020
Filed with the Secretary of State
December 30, 2020
EFFECTIVE DATE: September 26, 2021
state of michigan
100th Legislature
Regular session of 2020
Introduced by Senators Lucido and Johnson
ENROLLED SENATE BILL No. 862
AN ACT to amend 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” by amending section 11d (MCL 400.11d), as added by 1982 PA 519.
The People of the State of Michigan enact:
Sec. 11d. (1) Except as provided in section 5 of the financial exploitation prevention act, a writing prepared, owned, used, in the possession of, or retained by the state department in the performance of its duties under this act must be made available to the public in compliance with freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) The state department shall correct any inaccurate statement and shall clearly identify any unsubstantiated statement in a record or report provided to the state department under sections 11 to 11e.
(3) Any person who is the subject of a report provided to the
state department under
sections 11 to 11e may request that
the director correct an inaccurate report or clearly identify as
unsubstantiated any record of a case for which the investigation did not reveal
an incident described in sections 11 to 11e. If the director determines that
the request is valid, the state department shall take the appropriate action. A
correction or identification
provided for in this subsection must not be made until an investigation has been completed and the
case has been closed to receipt of adult protective services.
Enacting section 1. This amendatory act takes effect 270 days after the date it is enacted into law.
Enacting
section 2. This amendatory act does not take effect unless Senate Bill No. 464
of the 100th Legislature is enacted into law.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor
