LRB-1804/1
KSH:kmg:jlb
1995 - 1996 LEGISLATURE
June 1, 1995 - Introduced by Representatives Notestein, Gard, Riley, Olsen, R.
Young, Plombon, Morris-Tatum, Baldwin and Boyle, cosponsored by
Senators Darling, Moen and Moore. Referred to Committee on Welfare
Reform.
AB427,1,4
1An Act to amend 49.53 (1m), 49.53 (2) (a) and 49.53 (2) (b); and
to create 49.53
2(5) of the statutes;
relating to: the content and public inspection of reports on
3public assistance recipients and the disclosure of the addresses of public
4assistance recipients and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, county departments administering aid to families with
dependent children (AFDC) and agencies administering general relief are subject to
restrictions on the disclosure of information concerning public assistance recipients.
Current law does provide for a number of exceptions from these restrictions. For
example, current law requires county departments and general relief agencies to
maintain a monthly report showing the name and address of each person receiving
AFDC or general relief, together with the amount paid to each person during the
preceding month. Current law requires these reports to be open to public inspection
during regular office hours. In addition, current law requires the agency to notify,
within 72 hours, a person whose record in the report has been inspected of the name
and address of the person who inspected the record.
Under the bill, these reports may no longer include the addresses of AFDC and
general relief recipients. Instead, the bill creates a new exception to allow disclosure
of the addresses of AFDC and general relief recipients in certain cases where the
recipient is involved in a legal action or proceeding. Under the bill, a county
department or general relief agency must release the current address of an AFDC
or general relief recipient (upon request and after providing notice to the recipient)
to a person, the person's attorney or an employe or agent of the attorney, if the person
is a party to a legal action or proceeding in which the recipient is a party or a witness.
The person requesting the address must prove his or her identity and status in the
legal action or proceeding involving the recipient. No address may be released until
21 days after the address has been requested. The county department or general
relief agency is required to notify an AFDC or general relief recipient that a request
for his or her current address has been made. The notice is required to include the
name and address of the person requesting disclosure of the address, the reason for
the request and a statement that the address will be released 21 days after the
request is made.
The bill makes a number of other changes to the reports on AFDC and general
relief recipients in addition to eliminating recipients' addresses. This bill eliminates
the current 72-hour notification requirement for public assistance recipients whose
records in the report have been inspected by a member of the public. Instead, the
county department or general relief agency is required to notify the person whose
record has been inspected within 7 days after the record is inspected or on the next
regularly scheduled communication with that person, whichever is sooner. This bill
also allows county departments and general relief agencies to withhold the right to
inspect a record from private individuals who are not inspecting this information for
public, educational, organizational, governmental or research purposes, until the
person whose record is to be inspected is notified by the general relief agency or
county department, but in no case may the agency or department withhold the
information in the record for more than 5 working days. Finally, this bill also
requires the general relief agency or county department to record the name, address,
employer and telephone number of persons requesting to inspect a record and allows
the general relief agency or county department to deny such a request if the person
refuses to provide this information.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB427, s. 1
1Section
1. 49.53 (1m) of the statutes is amended to read:
AB427,2,92
49.53
(1m) Except as provided under sub. (2), (3)
or, (4)
or (5), no person may
3use or disclose information concerning applicants and recipients of general relief
4under s. 49.02, aid to families with dependent children, social services, child and
5spousal support and establishment of paternity services under s. 46.25, or
6supplemental payments under s. 49.177, for any purpose not connected with the
7administration of the programs. Any person violating this subsection may be fined
8not less than $25 nor more than $500 or imprisoned in the county jail not less than
910 days nor more than one year or both.
AB427, s. 2
1Section
2. 49.53 (2) (a) of the statutes is amended to read:
AB427,3,92
49.53
(2) (a) Each county department under s. 46.215 or 46.22 administering
3aid to families with dependent children and each official or agency administering
4general relief shall maintain a monthly report at its office showing the names
and
5addresses of all persons receiving such aids together with the amount paid during
6the preceding month. Nothing in this paragraph shall be construed to authorize or
7require the disclosure in the report of any information (names,
addresses, amounts
8of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children
9in foster homes or treatment foster homes under s. 49.19 (10).
AB427, s. 3
10Section
3. 49.53 (2) (b) of the statutes is amended to read:
AB427,4,1011
49.53
(2) (b) Such report shall be open to public inspection at all times during
12regular office hours and may be destroyed after the next succeeding report becomes
13available. Any person
, except any public officer, seeking permission to inspect such
14book shall be required to prove his or her identity and to sign a statement setting
15forth his or her address and the reasons for making the request and indicating that
16he or she understands the provisions of par. (c) with respect to the use of the
17information obtained. The use of a fictitious name is a violation of this section.
18Within 72 hours after any such record has been inspected, the agency shall mail to
19each person whose record was inspected a notification of that fact and the name and
20address of the person making such inspection. Within 7 days after the record is
21inspected, or on the next regularly scheduled communication with that person,
22whichever is sooner, the department or agency shall notify each person whose name
23and amount of aid was inspected that the record was inspected and of the name and
24address of the person making such inspection. County departments under ss. 46.215
25and 46.22 administering aid to families with dependent children and general relief
1agencies may withhold the right to inspect the name of and amount paid to recipients
2from private individuals who are not inspecting this information for purposes related
3to public, educational, organizational, governmental or research purposes until the
4person whose record is to be inspected is notified by the county department or general
5relief agency, but in no case may the agency withhold this information for more than
65 working days. The
county department or agency shall keep a record of such
7requests.
The record shall indicate the name, address, employer and telephone
8number of the person making the request. If the person refuses to provide his or her
9name, address, employer and telephone number, the request to inspect this
10information may be denied.
AB427, s. 4
11Section
4. 49.53 (5) of the statutes is created to read:
AB427,5,912
49.53
(5) (a) A county department or general relief agency shall, upon request
13and after providing the notice to the recipient required by this paragraph, release the
14current address of a recipient of general relief or aid to families with dependent
15children to a person, the person's attorney or an employe or agent of that attorney,
16if the person is a party to a legal action or proceeding in which the recipient is a party
17or a witness. No county department or general relief agency may release an address
18under this paragraph until 21 days after the address has been requested. A person
19requesting an address under this paragraph shall be required to prove his or her
20identity and his or her participation as a party in a legal action or proceeding in which
21the recipient is a party or a witness. The person shall also be required to sign a
22statement setting forth his or her name, address and the reasons for making the
23request and indicating that he or she understands the provisions of par. (b) with
24respect to the use of the information obtained. The statement shall be made on a form
25prescribed by the department and shall be sworn and notarized. Within 7 days after
1an address has been requested under this paragraph, the county department or
2general relief agency shall mail to each recipient whose address has been requested
3a notification of that fact on a form prescribed by the department. The form shall also
4include the date on which the address was requested, the name and address of the
5person who requested the disclosure of the address, the reason that the address was
6requested and a statement that the address will be released to the person who
7requested the address no sooner than 21 days after the date on which the request for
8the address was made. County departments and general relief agencies shall keep
9a record of each request for an address under this paragraph.
AB427,5,1510
(b) No person may use an address obtained under this subsection for a purpose
11that is not connected with the legal action or proceeding to which the person
12requesting the address is a party. No person may use an address obtained under this
13subsection for political or commercial purposes. No person may request an address
14under par. (a) using a fictitious name. Any person who violates this paragraph is
15subject to the penalties under sub. (1m).
AB427,5,17
17(1)
This act takes effect on January 1, 1996.
