Amendment ASA1-AB341

AB341-ASA1,22,11 146.40 (4r) (em) If the department of health and family services receives a report under par. (a) or (am) and determines that a person who is the subject of the report holds a credential that is related to the person's employment at, or contract with, the entity, the department of health and family services shall refer the report to the department of regulation and licensing.

AB341-ASA1,22,13 (er) The department may contract with private field investigators to conduct investigations of reports received by the department under par. (a) or (am).

AB341-ASA1, s. 28 Section 28. 165.825 of the statutes is created to read:

AB341-ASA1,22,18 165.825 Information link; department of health and family services. The department of justice shall cooperate with the departments of regulation and licensing and health and family services in developing and maintaining a computer linkup to provide access to the information obtained from a criminal history search.

AB341-ASA1, s. 29 Section 29. 440.03 (3q) of the statutes is created to read:

AB341-ASA1,22,22 440.03 (3q) Notwithstanding sub. (3m), the department of regulation and licensing shall investigate any report that it receives under s. 146.40 (4r) (am) 2. or (em).

AB341-ASA1, s. 30 Section 30. 440.03 (13) of the statutes is created to read:

AB341-ASA1,23,3 440.03 (13) The department of regulation and licensing shall cooperate with the departments of justice and health and family services in developing and maintaining a computer linkup to provide access to information regarding the current status of a credential issued to any person by the department of regulation and licensing, including whether that credential has been restricted in any way.

AB341-ASA1, s. 31 Section 31. 813.123 (5) (a) 3. a. of the statutes is amended to read:

AB341-ASA1,23,9 813.123 (5) (a) 3. a. That the respondent has interfered with, or based upon prior conduct of the respondent may interfere with, an investigation of the vulnerable adult under s. 55.043 and that the interference complained of, if continued, would make it difficult to determine if abuse, neglect or misappropriation of property or abuse or neglect is occurring or may recur.

AB341-ASA1, s. 32 Section 32. 938.22 (7) (a) of the statutes is amended to read:

AB341-ASA1,23,17 938.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department of health and family services under s. 48.67, meet the requirements specified in s. 48.685 and pay the license fee under par. (b). A license issued under s. 48.66 (1) to operate a shelter care facility is valid for 2 years after the date of issuance, unless sooner revoked or suspended.

AB341-ASA1, s. 33 Section 33 . Nonstatutory provisions.

AB341-ASA1,23,23 (1) Abuse and neglect investigations. The authorized FTE positions for the department of health and family services are increased by 4.15 FED positions on the effective date of this paragraph, to be funded from the appropriation under section 20.435 (6) (n) of the statutes, for the purpose of conducting investigations under section 146.40 (4r) (b) of the statutes, as affected by this act.

AB341-ASA1,23,24 (2) Computer link for criminal background investigations.

AB341-ASA1,24,4 (a)  The authorized FTE positions for the department of justice are increased by 1.0 PR positions, to be funded from the appropriation under section 20.455 (2) (gm) of the statutes, for the purpose of establishing and maintaining the computer linkup under section 165.825 of the statutes, as created by this act.

AB341-ASA1,24,9 (b)  The authorized FTE positions for the department of justice are increased 6.0 PR project positions, to be funded from the appropriation under section 20.455 (2) (gm) of the statutes, for the period ending on July 1, 2000, for the purpose of conducting criminal history searches required under section 50.065 (2) (b) 1. of the statutes, as created by this act.

AB341-ASA1,24,19 (3) Study on determining convictions in other states. The department of health and family services and the department of justice shall conduct a study to determine whether efficient methods exist by which both departments may ascertain whether a person for whom a criminal history search must be conducted under this act has a relevant conviction in another state or has been reported in another state for misappropriation of property or abuse or neglect of a person who is considered a vulnerable person in that state. Not later than July 1, 1998, the department of health and family services, in conjunction with the department of justice, shall submit to the legislature in the manner provided under section 13.172 (2) of the statutes a report detailing the results of the study.

AB341-ASA1,25,4 (4) Audit of abuse investigations. The legislative audit bureau is requested to perform a performance evaluation audit to compare the investigation processes of the department of health and family services under section 146.40 (4r) (b) of the statutes, as affected by this act and the department of regulation and licensing under section 440.03 (3q) of the statutes, as created by this act, and any private investigators with whom the department of health and family services has contracted under section 146.40 (4r) (er) of the statutes, as created by this act. The audit shall compare methods, timeliness and outcomes of the investigations. If the legislative audit bureau performs the audit, it shall file its report as described under section 13.94 (1) (b) of the statutes by June 30, 2000.

AB341-ASA1,25,22 (5) Computer link. The department of justice and the secretaries of health and family services and regulation and licensing shall, not later than 6 months after the effective date of this subsection, submit to the chairpersons of the joint committee on finance a plan for a computer linkup required under sections 165.825 and 440.03 (13) of the statutes, as created by this act, to allow the department of health and family services to access the information required under section 50.065 (2) (b) of the statutes, as created by this act. The plan shall include a projected implementation date, which may not be later than 18 months after the submission of the plan. The plan may not require the department of justice to expend more than 30% of the difference between the revenues received under section 165.82 (1) of the statutes and $39,000 in any quarter of fiscal year 1998-99 to establish the computer linkup. If the joint committee on finance approves the plan, it may supplement the appropriation under section 20.435 (6) (a) of the statutes by not more than $420,000 in fiscal year 1998-99. Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists. Of the moneys appropriated to the joint committee on finance under section 20.865 (4) (a) of the statutes in the 1997-99 fiscal biennium, $420,000 in fiscal year 1998-99 is allocated for the implementation of the computer linkup plan.

AB341-ASA1,26,2 (6) Study on uniform fees. The department of justice shall prepare a report on the feasibility of establishing uniform fees for criminal history searches under section 165.82 of the statutes. The department shall submit the report to the legislature in the manner provided under section 13.172 (2) of the statutes no later than July 1, 1998.

AB341-ASA1, s. 34 Section 34 . Appropriation changes.

AB341-ASA1,26,4 (1) Regulation and licensing.

AB341-ASA1,26,9 (a) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of regulation and licensing under section 20.165 (1) (g) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $49,000 for fiscal year 1998-99 to increase the authorized FTE positions for the department of regulation and licensing by 1.0 PR position.

AB341-ASA1,26,14 (b) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of regulation and licensing under section 20.165 (1) (g) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $200,000 for fiscal year 1998-99 for the purpose of establishing a computer linkup under section 440.03 (13) of the statutes, as created by this act.

AB341-ASA1,26,20 (2) Health care registry. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (6) (a) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $415,300 for fiscal year 1998-99 to increase the authorized FTE positions for the department by 9.5 GPR positions for investigations conducted under section 146.40 (4r) (b) of the statutes, as affected by this act.

AB341-ASA1,26,25 (3) Joint committee on finance; supplement. In the schedule under section 20.005 (3) of the statutes for the appropriation to the joint committee on finance under section 20.865 (4) (a) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $420,000 for fiscal year 1998-99 for the purpose of providing a supplement as provided under Section 33 (5 ) of this act.

AB341-ASA1, s. 35 Section 35. Effective dates. This act takes effect on the first day of the 12th month beginning after publication, except as follows:

AB341-ASA1,27,4 (1) The amendment of section 50.065 (2) (a) (intro.) of the statutes takes effect on the first day of the 24th month beginning after publication.

AB341-ASA1,27,6 (2) Sections 33 (2 ), (3), (5 ) and (6) and 34 (1 ) and (3) of this act take effect on the day after publication.

AB341-ASA1,27,7 (End)