Amendment SA2-SB331

LRBa0854/2

GMM:jld:jf

2009 - 2010 LEGISLATURE

SENATE AMENDMENT 2, TO 2009 SENATE BILL 331

October 15, 2009 - Offered by Committee on Children and Families and Workforce Development.

SB331-SA2,1,1 At the locations indicated, amend the bill as follows:

SB331-SA2,1,3 1. Page 4, line 1: delete the material beginning with that line and ending with page 5, line 17, and substitute:

SB331-SA2,1,5 " Section 1d. 20.435 (6) (jm) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB331-SA2,2,9 20.435 (6) (jm) Licensing and support services. The amounts in the schedule for the purposes specified in ss. 48.685 (2) (am) and (b) 1., (3) (a) and (b), and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.031, 50.065 (2) (am) and (b) 1., (3) (a) and (b), and (5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.981, and 146.40 (4r) (b) and (er), and subch. IV of ch. 50 and to conduct health facilities plan and rule development activities, for accrediting nursing homes, convalescent homes, and homes for the aged, to conduct capital construction and remodeling plan reviews under ss. 50.02 (2) (b) and 50.36 (2), and for the costs of inspecting, licensing or certifying, and approving facilities, issuing permits, and providing technical assistance, that are not specified under any other paragraph in this subsection. All moneys received under ss. 48.685 (8), 49.45 (42) (c), 49.45 (47) (c), 50.02 (2), 50.025, 50.031 (6), 50.065 (8), 50.13, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93 (1) (c), and 50.981, all moneys received from fees for the costs of inspecting, licensing or certifying, and approving facilities, issuing permits, and providing technical assistance, that are not specified under any other paragraph in this subsection, and all moneys received under s. 50.135 (2) shall be credited to this appropriation account.

SB331-SA2, s. 1g Section 1g. 20.437 (1) (jm) of the statutes, as affected by 2009 Wisconsin Act 28, section 493d, is amended to read:

SB331-SA2,2,19 20.437 (1) (jm) Licensing activities. All moneys received from licensing activities under ss. 48.60, 48.62, 48.625, and 938.22 (7) and, from fees under ss. 48.615, 48.625, and 938.22 (7) (b) and (c), and from fees under s. 48.685 (8) charged to entities other than day care centers or day care providers, for the costs of licensing child welfare agencies under s. 48.60, foster homes and treatment foster homes under s. 48.62, group homes under s. 48.625, and shelter care facilities under s. 938.22 (7) and for the purposes specified in s. 48.685 (2) (am) and (b) 1., (3) (a) and (b), and (5) (a) with respect to those entities.

SB331-SA2, s. 1j Section 1j. 20.437 (1) (jm) of the statutes, as affected by 2009 Wisconsin Act 28, section 476h, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

SB331-SA2,3,4 20.437 (1) (jm) Licensing activities. All moneys received from licensing activities under ss. 48.60, 48.62, 48.625, and 938.22 (7), from fees under ss. 48.615, 48.625, and 938.22 (7) (b) and (c), and from fees under s. 48.685 (8) charged to entities other than day care centers or day care providers, for the costs of licensing child welfare agencies under s. 48.60, foster homes under s. 48.62, group homes under s. 48.625, and shelter care facilities under s. 938.22 (7) and for the purposes specified in s. 48.685 (2) (am) and (b) 1., (3) (a) and (b), and (5) (a) with respect to those entities.

SB331-SA2, s. 1m Section 1m. 20.437 (2) (jn) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB331-SA2,3,13 20.437 (2) (jn) Child care licensing and certification activities. All moneys received from licensing activities under s. 48.65, from certifying activities under s. 48.651, and from fees under ss. 48.65 (3) and 48.651 (2), and from fees under s. 48.685 (8) charged to day care centers and day care providers for the costs of licensing day care centers under s. 48.65 and of certifying day care providers under s. 48.651 and for the purposes specified in s. 48.685 (2) (am), (ar), and (b) 1. and 2., (3) (am) and (bm), and (5) (a) with respect to day care centers and day care providers.".

SB331-SA2,3,14 2. Page 6, line 13: after that line insert:

SB331-SA2,3,15 " Section 2r. 48.685 (1) (c) 2. of the statutes is amended to read:

SB331-SA2,3,20 48.685 (1) (c) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 942.09 (2), 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), 948.30, or 948.53.".

SB331-SA2,3,21 3. Page 15, line 25: after that line insert:

SB331-SA2,3,22 " Section 23m. 48.685 (5) (bm) 4. of the statutes is amended to read:

SB331-SA2,4,6 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.205, 940.207, or 940.25, a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 5., 6., or 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony, if committed not more the person completed his or her sentence, including any probation, parole, or extended supervision, or was discharged by the department of corrections, less than 5 years before the date of the investigation under sub. (2) (am).".

SB331-SA2,4,11 4. Page 16, line 16: delete "or 943.32 (2)." and substitute "943.201, 943.203, 943.32 (2), or 943.38 (1) or (2); a violation of s. 943.34 (1), 943.395 (1), 943.41 (3) (e), (4) (a), (5), (6), or (6m), 943.45 (1), 943.455 (2), 943.46 (2), 943.47 (2), 943.50 (1m), or 943.70 (2) (a) or (am) or (3) (a) that is a felony; or an offense under subch. IV of ch. 943 that is a felony.".

SB331-SA2,4,13 5. Page 16, line 18: after "information to" insert "or the intentional withholding of information from".

SB331-SA2,4,16 6. Page 17, line 8: delete "if committed not more" and substitute "if the person completed his or her sentence, including any probation, parole, or extended supervision, or was discharged by the department of corrections, less".

SB331-SA2,4,19 7. Page 17, line 10: delete "if committed not more" and substitute "if the person completed his or her sentence, including any probation, parole, or extended supervision, or was discharged by the department of corrections, less".

SB331-SA2,4,20 8. Page 23, line 3: after that line insert:

SB331-SA2,4,21 " Section 37m. 49.197 (6) of the statutes is created to read:

SB331-SA2,5,2 49.197 (6) Reporting of suspected frauds. If any employee of the department, a county, or a tribal governing body reasonably suspects fraudulent activity as described in sub. (1m) or (2) (b) and reports the facts and circumstances contributing to that suspicion to any management employee of the department, county, or tribal governing body or to the district attorney, all of the following apply:

SB331-SA2,5,8 (a) Any person participating in good faith in the making of a report under sub. (6) (intro.) or in initiating, participating in, or testifying in, any action or proceeding in which fraudulent activity as described in sub. (1m) or (2) (b) is alleged shall have immunity from any liability, civil or criminal, that results by reason of the action. For the purpose of any proceeding, civil or criminal, the good faith of any person reporting under sub. (6) (intro.) shall be presumed.

SB331-SA2,5,17 (b) The department, a county, a tribal governing body, or an employee of the department, a county, or a tribal governing body may not take disciplinary action against, or threaten to take disciplinary action against, any person because the person in good faith reported any information under sub. (6) (intro.) or initiated, participated in, or testified in, any action or proceeding in which fraudulent activity described in sub. (1m) or (2) (b) was alleged or because the department, county, tribal governing body, or employee believes that the person in good faith reported any information under sub. (6) (intro.) or initiated, participated in, or testified in, such an action or proceeding.

SB331-SA2,5,24 (c) Any employee of the department, a county, or a tribal governing body who is subjected to disciplinary action, or who is threatened with disciplinary action, in violation of par. (b) may file a complaint with the department of workforce development under s. 106.54 (9). If that department finds that a violation of par. (b) has been committed, that department may take such action under s. 111.39 as will effectuate the purpose of this section. Section 111.322 (2m) applies to a disciplinary action arising in connection with any proceeding under this paragraph.

SB331-SA2, s. 37p Section 37p. 49.845 (4) of the statutes is renumbered 49.845 (4) (intro.) and amended to read:

SB331-SA2,6,12 49.845 (4) (intro.) Notwithstanding s. 49.197 (1m) and (3), the department of children and families may contract with the department of health services to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19 and participants in Wisconsin Works under ss. 49.141 to 49.161 and to conduct activities to reduce payment errors in Wisconsin Works under ss. 49.141 to 49.161, as provided in this section. If any employee of the department of health services reasonably suspects fraudulent activity as described in this paragraph and reports the facts and circumstances contributing to that suspicion to any management employee of that department or to the district attorney, all of the following apply:

SB331-SA2, s. 37r Section 37r. 49.895 (4) (a), (b) and (c) of the statutes are created to read:

SB331-SA2,6,19 49.895 (4) (a) Any person participating in good faith in the making of a report under sub. (4) (intro.) or in initiating, participating in, or testifying in, any action or proceeding in which fraudulent activity as described in sub. (4) (intro.) is alleged shall have immunity from any liability, civil or criminal, that results by reason of the action. For the purpose of any proceeding, civil or criminal, the good faith of any person reporting under sub. (4) (intro.) shall be presumed.

SB331-SA2,7,2 (b) The department of health services or an employee of that department may not take disciplinary action against, or threaten to take disciplinary action against, any person because the person in good faith reported any information under sub. (4) (intro.) or initiated, participated in, or testified in, any action or proceeding in which fraudulent activity as described in sub. (4) (intro.) was alleged or because that department or employee believes that the person in good faith reported any information under sub. (4) (intro.) or initiated, participated in, or testified in, such an action or proceeding.

SB331-SA2,7,9 (c) Any employee of the department of health services who is subjected to disciplinary action, or who is threatened with disciplinary action, in violation of par. (b) may file a complaint with the department of workforce development under s. 106.54 (9). If that department finds that a violation of par. (b) has been committed, that department may take such action under s. 111.39 as will effectuate the purpose of this section. Section 111.322 (2m) applies to a disciplinary action arising in connection with any proceeding under this paragraph.

SB331-SA2, s. 37v Section 37v. 106.54 (9) of the statutes is created to read:

SB331-SA2,7,13 106.54 (9) The division shall receive complaints under s. 49.197 (6) (c) or 49.845 (4) (c) and shall process the complaints in the same manner that employment discrimination complaints are processed under s. 111.39.

SB331-SA2, s. 37x Section 37x. 111.322 (2m) (bm) of the statutes is created to read:

SB331-SA2,7,17 111.322 (2m) (bm) The individual files a complaint or attempts to enforce a right under s. 49.197 (6) (c) or 49.845 (4) (c) or testifies or assists in any action or proceeding under s. 49.197 (6) (c) or 49.845 (4) (c).".

SB331-SA2,7,19 9. Page 24, line 11: delete "section" and substitute "sections 20.437 (1) (jm) and".

SB331-SA2,7,20 (End)