CHAPTER 186

FORMERLY

HOUSE BILL NO. 148

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND SECTION 1101, TITLE 31, DELAWARE CODE RELATING TO THE CONFIDENTIALITY OF PUBLIC ASSISTANCE RECORDS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Subsection <b), Section 1101, Chapter 11, Title 31 of the Delaware Code by striking said Subsection in its entirety and inserting in lieu thereof the following:

"(b) It shall be unlawful for any person to solicit, receive or make use of, disclose, or authorize, knowingly permit, or participate in the use of any information relating to any person who has applied for or who receives aid to families with dependent children, general assistance, food stamps, aid to the blind, or medical assistance where such information is derived directly or indirectly from the communications or records of the agency administering such aid or assistance or is acquired in the course of the performance of official duties; provided, however, that such conduct shall not be unlawful:

(1) when engaged in for purposes directly connected with the administration of such aid and assistance;

(2) when engaged in for purposes directly connected with the administration of public social services;

(3) where the person who has applied for or who receives such aid or assistance, or a person authorized to act for such person, consents to such conduct; or

(4) where a court of competent jurisdiction order such conduct after a finding that the need for such conduct outweighs any injury that such conduct may cause the applicant or recipient."

Section 2. Amend Section 1101, Chapter 11, Title 31 of the Delaware Code by adding the following new subsection:

"(d) The provisions of this section shall be operative only to the extent permitted by federal law."

Approved March 29, 1990.