Posts Tagged CCAP

State Supreme Court To Jump Into The Debate Over Restricting Information on CCAP

Mar 15

Posted by Tristan R. Pettit, Esq. in CCAP, Rep. Marlin Schneider, Screening Tenants | No Comments

The Journal Sentinel published an article on Saturday, March 13, 2010 entitled “Supreme Court Considers Limits To Online Court Records.”  It appears that while landlords have pretty much quashed Rep. Schneiders attempts to pass legislation on the restriction of infromation posted on CCAP, that the State Supreme Court will be reviewing the issue in the near future.

Patrick Marley’s article states that Rep. Schneider did not believe his CCAP bill would come up for a vote this spring.  However, Marley states that in an administrative meeting last month, the Wisconsin Supreme Court agreed that they should study limiting what is posted on CCAP.  Justice Prosser was quoted as saying that “whatever problems we have has been incredibly exacerbated by CCAP and the Internet.  The case for redress is much too compelling to just let it die.”

The State Bar of Wisconsin has also asked the Supreme Court to make it easier to remove CCAP records and filed a request with the Supreme Court to make it easier to expunge records, both online and at the courthouse.

So while the legislative attempt to restrict CCAP may be over the overall fight appears to be continuing.  Be sure and read the comments to Marley’s article for a lively discussion for and against restrictions on CCAP.

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CCAP Bill Amended to Allow Landlords Full Access; Possibly Going to Assembly for Vote

Feb 5

Posted by Tristan R. Pettit, Esq. in CCAP, Legislation, Rep. Marlin Schneider | 3 Comments

As many of you know who have been following my updates on the ever evolving attempts by Marlin Schneider to restrict access to CCAP – Mr. Schneider has again amended his proposed bill.  The bill is now called Assembly Bill 663 but it is practically the same as the amended AB 340.  Why the change in the bill number I have not a clue.

AB 663 was voted on by the State Affairs and Homeland Security Committee on Wednesday, February 3, 2010.

Prior to voting on the bill, several amendments were made.  The major amendment was to was to include real estate brokers and salespeople, bankers and other financial agents, landlords, and those working in the title industry, to the list of the ”select few” who would be able to access CCAP in its entirety.  Everyone else would still be limited to the restricted version of CCAP which would exclude information on pending cases and cases in which the defendant was acquitted or the lawsuit was dismissed.

Even with this major changes, AB 663 barely made it out of committee.  The committee was deadlocked at 3 to 3.  Voting for the bill was Rep Fred Kessler (D-Milwaukee), Rep. Leon Black (D-Milwaukee) and Rep. Kelda Helen Roys (D-Madison).  Voting against the proposed bill was Rep. Spencer Black (D-Madison), Rep. Joel Kleefisch (R-Oconomnowac) and Rep. Danield Knodl (R-Germantown).  Two members of the committee were on vacation and therefore did not participate in the vote.  The Chairperson of the committe, and bill c0-sponsor, Fred Kessler advanced the bill, without reccomendation, to the Assembly leaders who will now determine whether or not the Assembly as a whole will vote on it.

While it is great that landlords have now been added to the”chosen few” who are deemed worthy to have access to all open records in Wisconsin – this bill should still fail.  Current President of the Wisconsin Apartment Association, John H. Fischer (also known as Dr. Rent, gave his personal opinion on the AASEWAdvisors list serv, earlier.

He stated, in part:

It is nice that the bill on CCAP was amended to include people like landlords and employers… but to be completely honest, now it has just gotten silly.  He [Rep. MArlin Schneider] wanted this bill so landlords and employers didn’t use the CCAP records in a method that was illegal, but then he modifies the bill to include us…. So what exactly will it accomplish now?  It has been watered down so far to have no real impact, so why even have it at all.  In addition, how are they going to determine who is a landlord, who is an employer?  Are we going to have to register?  (Gee a statewide registration system for landlords, won’t that make licensing something easy to do in the future).
 
In my personal opinion, the stance of the WAA should be similar to that of the Newspapers.  Even though they were allowed full access under the original proposal, they still objected to it because there is something inherently wrong with making public records difficult for the public to have access to.
 
. . .
 
I think we still need to be opposed because once limitations are put in place, what is stopping from them from expanding those limitations in a future session.  They can take away all of our rights at one time, or they can chip away piece by piece until they are all gone.  Either way, the end game is the same.
 
My two cents….
 

I agree with John 100%.

This bill is barely holding on.  It is on life support — we need to put it out of its misery.  Patrick Marley of the Journal Sentinel in his recent article on the topic indicates that Kessler himself, one of the bill’s sponsors, said that it has a “slim” chance of passing.  I would like to change that to NO chance of passing.

This is a very critical time.  We must all contact our representatives in the state legislature and let them know that this bill should be defeated.

If you do not know the contact information for your representatives you can find that information here.

Oh yeah, and here is an article stating that Rep. Schneider is lying in an attempt to push his legislation limiting CCAP through the system.  Good thing the AP caught him.

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Rep. Marlin Schneider Amends AB-340 (CCAP Bill)

Dec 14

Posted by Tristan R. Pettit, Esq. in AASEW, CCAP, Legislation, Rep. Marlin Schneider, Screening Tenants | 8 Comments

On December 2, 2009, Rep. Marlin Schneider (D-Wisconsin Rapids) made an amendment to AB-340.  Referred to as Assembly Substitute Amendment 1 to 2009 AB 340, this revised bill essentially would create two versions of the CCAP database.  Schneider’s amendment appears to be — based on its timing at least — a partial response to the Apartment Association of SE Wisconsin’s critical response to a memo that Schneider sent to other members of the Wisconsin legislature and staff on November 20, 2009.  The problem with Rep. Schneider’s amendment, if it is indeed a response to the AASEW’s criticisms, is that it ignores everything that the AASEW attempted to explain to him.

The original AB 340 can be read in its entirety at  www.DefeatAB340.org.  This site also contains background information on the sponsors of AB 340, responses from across Wisconsin to Schneider’s bill, and Schneider’s earlier attempts to restrict CCAP and prevent landlords from legally screening rental applicants.

Version #1 

Under the amended AB 340, the first version of CCAP would remain exactly as we now know it.  It would continue to provide data on pending cases and completed cases that were resolved by stipulated dismissal, acquittal, or motion.  It would also continue to provide information as to all original criminal charges filed even if those charges were later reduced or dismissed. 

However, this fully transparent version of CCAP would be restricted to only a “chosen few,” namely:

1.   Justices, judges, magistrates, court commissioners, and other employees of state, federal, or municipal courts and agencies who require access to court documents and records during the course of their employement.

2.   Law enforcement officers.

3.   Attorneys and their employees.

4.   Members of the Wisconsin Newspaper Assoc., the Wisconsin Broadcaster’s Assoc., and any other Wisconsin media organization designated by the director of state courts.

5.   A debt collector licensed under Sec. 218.04, Wis. Stats.

Version #2

The second version of CCAP would be a redacted version (just as was set forth in the original AB 340) and would exclude any and all information about any civil or criminal case that had not yet been resolved by: (1) a finding of guilt, (2) a finding of liability, (3) an order of eviction, or (4) the issuance of a restraining order or injunction.

Under the revised AB 340, a person would still be able to request that the director of state courts remove all CCAP information relating to that individual’s case if it did not result in a finding of guilt, liability, eviction judgment, or TRO/Injunction, or if it was reopened, vacated, set aside or overturned on appeal.  Thus, even the “chosen few” detailed above would still not have access to this information if an affected individual made a request to remove it from CCAP.

The revised AB 340 appears to have eliminated the requirement that all users must register with the Director of State Courts and pay a $10 fee.  However, still intact in the amended bill is the requirement that a person who has been denied employment, housing, or a public accomodation, be informed that said decision was made after reviewing information contained on CCAP.  The intentional failure to comply with this section could result in a $1,000 fine.

The revised AB 340 is not an improvement over its predecessor.  Yes, I guess it does allow a select few to access most of the information currently contained on CCAP but what about those individuals who are not included?  Landlords, employers, moms and dads, and everyone else excluded from accessing the info on the “real CCAP” are still being prevented from using CCAP to obtain information that falls under Wisconsn’s open records law.

I wonder just how much time Rep. Schneider and his staff spent drafting the revised AB 340?  Since  the revised version still ignores Wisconsin’s open records law and still hinders a landlord’s ability to properly – and legally – screen a prospective renter, I hope that they didn’t spend too much time on it because I still don’t think it will pass. 

What are your thoughts about this revised version of AB 340?  Let me know your thoughts by sending a “comment.”

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UPDATE ON AB-340 (CCAP BILL)

Oct 9

Posted by Tristan R. Pettit, Esq. in CCAP, Rep. Marlin Schneider, Screening Tenants | 3 Comments

As many of you know a public hearing was held on AB340 – the proposed bill by Rep. Marlin Schneider that would restrict who can use CCAP and what information would be contained on CCAP — at the State Capitol in Madison last week.

Several board members from the AASEW (Dave Ohrmundt and Richard Bishop) and the head of Milwaukee RING (Brian Fleming) attended the hearing to make sure that landlords’ voices were heard.  We appreciate you guys taking the time out of your busy schedules to attend.

A fellow landlord-tenant law blogger from the Wausau area (Dr. Rent a/k/a John Fischer) also attended the public hearing and even testified wrote a recent blog post on the bill and the hearing that gives you his views on the proposed bill and what his thoughts are regarding if it will succeed.  Dr. Rent writes a great blog and if you enjoy my blog you should also sign up for his blog.

Arguments were presented both for and against the propsoed legislation.  On a practical level I thought it was very telling the the director of state courts (who under the proposed bill would be in charge of registering CCAP users and monitoring their searches) felt that the cost and time involved would be a huge undertaking.  It might have been a good idea for the bills’ sponsors to have spoken with the director of state courts and attempted to get him on their side prior to the public hearing.

Two recent articles written about the hearing and AB340 in general were published.  The Milwaukee Journal Sentinel wrote an article on the hearing and the Racine Journal Times also had a good piece on the proposed legislation.  Columnist, Patrick McIlheran, of the Journal Sentinel also wrote a recent piece on Schneider’s proposed CCAP bill.

The Wisconsin State Journal also published an editorial regarding AB-340.

I was also interviewed for an article by the Wisconsin Law Journal about the proposed CCAP legislation. This article does not focus on how AB340 will affect landlords but rather how it might affect lawyers ability to screen their own clients and related issues.

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Public Hearing on AB 340 (Proposal to Restrict CCAP Access and Information) to Be Held on October 1, 2009 in Madison

Sep 18

Posted by Tristan R. Pettit, Esq. in CCAP, Rep. Marlin Schneider, Screening Tenants | No Comments

For those of you following my blog, you are well aware of my thoughts on State Rep. Marlin Schneider’s new legislative proposal to restrict access to and limiting information contained on CCAP (Consolidated Cort Automation Programs).  Schneider’s proposed legislation is referred to as AB (Assembly Bill) 340.

In fact, Patrick McIlheran of the Milwaukee Jornal Sentinel just wrote an article that addressed how AB 340 will hurt landlords.

AB 340 is currently in the Committee on Criminal Justice and that committee has just announced that a public hearing on AB 340 will be held on Thursday, October 1, 2009, at 10:15 am at 328 Northwest of the State Capitol Building in Madison.

If you can attend this hearing please consider doing so.  If you are unable to attend then please be sure and voice your opinion on this proposal to your state representative and/or senator and the members of the Committe on Criminal Justice.

We landlords will be at a great loss if we lose our access to CCAP  or are only able to receive certain information from CCAP.

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WTMJ News Radio Discusses Proposed Legislation That Will Restrict Access To and Limit Information Contained on CCAP on Charlie Sykes Radio Show

Sep 17

Posted by Tristan R. Pettit, Esq. in CCAP, Rep. Marlin Schneider, Screening Tenants | No Comments

Thursday, September 17, 2009 was quite a good PR day for landlords.  Not only did the Milwaukee Journal Sentinel commentator Pat McIlheran publish a very good article criticizing the state and the city of Milwaukee for not treating  landlords like second class citizens but later that same morning Charlie Sykes spent a good amount of time discussing something near and dear to a landlord’s heart — CCAP

Sykes spent a large portion of his final hour discussing State. Rep. Marlin’s Schneider’s latest attempt to restrict access to CCAP and to limit the information contained on CCAP.

If you would like to listen to or download the podcast of Sykes’ discussion of this topic click here and then click on the entry entitled “Sykes Show part 3 – Thursday 9/17/09″

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AASEW’s Response to Rep. Schneider’s CCAP Legislation Can Be Found at www.DefeatAB340.org

Jul 20

Posted by Tristan R. Pettit, Esq. in AASEW, CCAP, Rep. Marlin Schneider, Screening Tenants | 5 Comments

For those of you that have been following my blog, you are well aware that State Rep. Marlin Schneider (D-Wisconsin Rapids) has introduced yet another bill attempting to restrict the public’s access to CCAP.  This new bill also will remove certain information from even being included on CCAP.  My prior blogs on this topic can be read here, here and here. Read the rest of this entry »

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