June 19, 2007, Introduced by Reps. Lemmons, Young, Miller, Bennett, Hopgood and Gonzales and referred to the Committee on Judiciary.
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 under the terms of this act, except
medical assistance, shall be considered public records and shall be
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 granted. General
public access shall be 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 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 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 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) The director of the department may disclose the names and
addresses of assistance under this act to the extent required under
section 1310c of the revised judicature act of 1961, 1961 PA 236,
MCL 600.1310c.
(7) (6)
Except as prescribed in section
61(2) and 61(3), a
person
who violates this section shall upon conviction be is 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
also be subject to dismissal from state employment subject to rules
as established by the civil service commission.
(8) (7)
The county department of social
services shall cause
prompt notice to be given to appropriate law enforcement officials
of the furnishing of aid to dependent children in each case where a
child has been deserted or abandoned by a parent and aid is being
furnished to the child.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4931(request no.
02605'07) of the 94th Legislature is enacted into law.