AB133-ASA1-AA2, s. 1171g 5Section 1171g. 48.685 (2) (c) of the statutes is renumbered 48.685 (4m) (c) and
6amended to read:
AB133-ASA1-AA2,163,197 48.685 (4m) (c) If the background information form completed by a person
8under sub. (6) (am) indicates that the person is not ineligible to be employed or
9contracted with for a reason specified in par. (ag) (b) 1. to 5., an entity may employ
10or contract with the person for not more than 60 days pending the receipt of the
11information sought under par. sub. (2) (am) 1. to 5. or (b) 1. If the background
12information form completed by a person under sub. (6) (am) indicates that the person
13is not ineligible to be permitted to reside at an entity for a reason specified in par. (ag)
14(b) 1. to 5. and if an entity otherwise has no reason to believe that the person is
15ineligible to be permitted to reside at an entity for any of those reasons, the entity
16may permit the person to reside at the entity for not more than 60 days pending
17receipt of the information sought under par. sub. (2) (am). An entity shall provide
18supervision for a person who is employed, contracted with or permitted to reside as
19permitted under this paragraph.
AB133-ASA1-AA2, s. 1171j 20Section 1171j. 48.685 (2) (d) of the statutes is created to read:
AB133-ASA1-AA2,163,2421 48.685 (2) (d) Every entity shall maintain, or shall contract with another
22person to maintain, the most recent background information obtained on a caregiver
23under par. (b). The information shall be made available for inspection by authorized
24persons, as defined by the department by rule.
AB133-ASA1-AA2, s. 1172d 25Section 1172d. 48.685 (3) (a) of the statutes is amended to read:
AB133-ASA1-AA2,164,11
148.685 (3) (a) Every 4 years or at any time within that period that the
2department, a county department, a child welfare agency or a school board considers
3appropriate, the department, county department, child welfare agency or school
4board shall request the information specified in sub. (2) (am) 1. to 5. for all persons
5who are licensed, certified or contracted to operate an entity and, for all persons
6specified in par. (ag) (intro.) who are nonclient residents of an entity and shall
7request the information specified in sub. (2) (am) 1. to 5.
for all persons under 18
8years of age, but not under 12 years of age, who are employes, contractors or
9nonclient residents
caregivers of a day care center that is licensed under s. 48.65 or
10established or contracted for under s. 120.13 (4) or of a day care provider that is
11certified under s. 48.651.
AB133-ASA1-AA2, s. 1172g 12Section 1172g. 48.685 (3) (b) of the statutes is amended to read:
AB133-ASA1-AA2,164,2013 48.685 (3) (b) Every 4 years or at any time within that period that an entity
14considers appropriate, the entity shall request the information specified in sub. (2)
15(b) 1. a. to e. for all persons specified in sub. (2) (ag) (intro.) employes or contractors
16who are caregivers of the entity other than persons who are under 18 years of age,
17but not under 12 years of age and, who are employes, contractors or nonclient
18residents
caregivers of a day care center that is licensed under s. 48.65 or established
19or contracted for under s. 120.13 (14) or of a day care provider that is certified under
20s. 48.651.
AB133-ASA1-AA2, s. 1173d 21Section 1173d. 48.685 (3m) of the statutes is amended to read:
AB133-ASA1-AA2,165,322 48.685 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a
23county department, a child welfare agency or a school board has obtained the
24information required under sub. (2) (am) or (3) (a) with respect to a person specified
25in sub. (2) (a) (intro.)
who is a caregiver specified in sub. (1) (ag) 1. b. and that person

1is also an employe, contractor or nonclient resident of an entity, the entity is not
2required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect
3to that person.
AB133-ASA1-AA2, s. 1173g 4Section 1173g. 48.685 (4) of the statutes is amended to read:
AB133-ASA1-AA2,165,75 48.685 (4) An entity that violates sub. (2) or, (3) or (4m) (b) may be required to
6forfeit not more than $1,000 and may be subject to other sanctions specified by the
7department by rule.
AB133-ASA1-AA2, s. 1173j 8Section 1173j. 48.685 (4m) (b) (intro.) of the statutes, as affected by 1999
9Wisconsin Act .... (this act), is amended to read:
AB133-ASA1-AA2,165,1310 48.685 (4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in
11sub. (5), an entity may not hire employ or contract with a caregiver or permit a
12nonclient resident to reside at the entity, if the entity knows or should have known
13any of the following:
AB133-ASA1-AA2, s. 1174d 14Section 1174d. 48.685 (5) (a) of the statutes is amended to read:
AB133-ASA1-AA2,166,215 48.685 (5) (a) The department may license to operate an entity, a county
16department may certify under s. 48.651, a county department or a child welfare
17agency may license under s. 48.62 and a school board may contract with under s.
18120.13 (14) a person who otherwise may not be licensed, certified or contracted with
19for a reason specified in sub. (2) (4m) (a) 1. to 5., and an entity may employ, contract
20with or permit to reside at the entity a person who otherwise may not be employed,
21contracted with or permitted to reside at the entity for a reason specified in sub. (2)
22(ag)
(4m) (b) 1. to 5., if the person demonstrates to the department, the county
23department, the child welfare agency or the school board or, in the case of an entity
24that is located within the boundaries of a federally recognized American Indian
25reservation, to the tribal governing body of that reservation
by clear and convincing

1evidence and in accordance with procedures established by the department by rule
2or by the tribal governing body that he or she has been rehabilitated.
AB133-ASA1-AA2, s. 1174g 3Section 1174g. 48.685 (5) (b) (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,166,184 48.685 (5) (b) (intro.) For purposes other than licensing a foster home or
5treatment foster home, no person who has been convicted of any of the following
6offenses, and no person who is an applicant for issuance or continuation of a license
7to operate a day care center or for initial certification as a day care provider under
8s. 48.651 or for renewal of that certification, who is proposing to contract with a school
9board under s. 120.13 (14) or to renew a contract under that subsection or who is an
10employe, prospective employe, contractor, prospective contractor, nonclient resident
11or prospective
a caregiver or nonclient resident of a day care center that is licensed
12under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care
13provider that is certified under s. 48.651, and who has been convicted of any of the
14following offenses or adjudicated delinquent on or after his or her 12th birthday for
15committing any of the following offenses, may be permitted to demonstrate that he
16or she has been rehabilitated until the later of at least 5 years after the date of that
17conviction or adjudication or at least 5 years after the date of the person's release
18from imprisonment, a secured juvenile facility or a commitment order
:
AB133-ASA1-AA2, s. 1174j 19Section 1174j. 48.685 (5) (b) 1. of the statutes is repealed.
AB133-ASA1-AA2, s. 1174k 20Section 1174k. 48.685 (5) (b) 4. of the statutes is repealed.
AB133-ASA1-AA2, s. 1174L 21Section 1174L. 48.685 (5) (b) 5. of the statutes is repealed.
AB133-ASA1-AA2, s. 1175m 22Section 1175m. 48.685 (5d) of the statutes is created to read:
AB133-ASA1-AA2,166,2523 48.685 (5d) (a) Any tribal governing body that chooses to conduct
24rehabilitation reviews under sub. (5) shall submit to the department a rehabilitation
25review plan that includes all of the following:
AB133-ASA1-AA2,167,1
11. The criteria to be used to determine if a person has been rehabilitated.
AB133-ASA1-AA2,167,32 2. The title of the person or body designated by the tribe to whom a request for
3review must be made.
AB133-ASA1-AA2,167,54 3. The title of the person or body designated by the tribe to determine whether
5a person has been rehabilitated.
AB133-ASA1-AA2,167,86 4. The manner in which the tribe will submit information relating to a
7rehabilitation review to the department so that the department may include that
8information in its report to the legislature required under sub. (5g).
AB133-ASA1-AA2,167,119 5. A copy of the form to be used to request a review and a copy of the form on
10which a written decision is to be made regarding whether a person has demonstrated
11rehabilitation.
AB133-ASA1-AA2,167,1512 (b) The department shall approve or disapprove the plan under par. (a) within
1390 days after receiving the plan. If the department disapproves the plan, the tribe
14may, within 30 days after receiving notice of the disapproval, request that the
15secretary review the department's decision.
AB133-ASA1-AA2, s. 1176d 16Section 1176d. 48.685 (5m) of the statutes is amended to read:
AB133-ASA1-AA2,168,1317 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license
18a person to operate an entity, a county department or a child welfare agency may
19refuse to license a foster home or treatment foster home under s. 48.62, and an entity
20may refuse to employ, hire or contract with a caregiver or permit a nonclient resident
21to reside at the entity a person specified in sub. (2) (ag) (intro.) if the person has been
22convicted of an offense that the department has not defined as a "serious crime" by
23rule promulgated under sub. (7) (a), or specified in the list established by rule under
24sub. (7) (b)
is not a serious crime, but that is, in the estimation of the department,
25county department, child welfare agency, or entity, substantially related to the care

1of a client. Notwithstanding s. 111.335, the department may refuse to license a
2person to operate a day care center, a county department may refuse to certify a day
3care provider under s. 48.651, a school board may refuse to contract with a person
4under s. 120.13 (14), a day care center that is licensed under s. 48.65 or established
5or contracted for under s. 120.13 (14) and a day care provider that is certified under
6s. 48.651 may refuse to employ, hire or contract with a caregiver or permit a nonclient
7resident
to reside at the day care center or day care provider a person specified in sub.
8(2) (ag) (intro.)
if the person has been convicted of or adjudicated delinquent on or
9after his or her 12th birthday for an offense that the department has not defined as
10a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list
11established by rule under sub. (7) (b)
is not a serious crime, but that is, in the
12estimation of the department, county department, school board, day care center or
13day care provider, substantially related to the care of a client.
AB133-ASA1-AA2, s. 1176g 14Section 1176g. 48.685 (5m) of the statutes, as affected by 1999 Wisconsin Act
15.... (this act), is amended to read:
AB133-ASA1-AA2,169,816 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license
17a person to operate an entity, a county department or a child welfare agency may
18refuse to license a foster home or treatment foster home under s. 48.62, and an entity
19may refuse to hire employ or contract with a caregiver or permit a nonclient resident
20to reside at the entity if the person has been convicted of an offense that is not a
21serious crime, but that is, in the estimation of the department, county department,
22child welfare agency or entity, substantially related to the care of a client.
23Notwithstanding s. 111.335, the department may refuse to license a person to
24operate a day care center, a county department may refuse to certify a day care
25provider under s. 48.651, a school board may refuse to contract with a person under

1s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or
2contracted for under s. 120.13 (14) and a day care provider that is certified under s.
348.651 may refuse to hire employ or contract with a caregiver or permit a nonclient
4resident to reside at the day care center or day care provider if the person has been
5convicted of or adjudicated delinquent on or after his or her 12th birthday for an
6offense that is not a serious crime, but that is, in the estimation of the department,
7county department, school board, day care center or day care provider, substantially
8related to the care of a client.
AB133-ASA1-AA2, s. 1177r 9Section 1177r. 48.685 (6) (am) (intro.) of the statutes is renumbered 48.685
10(6) (am) and amended to read:
AB133-ASA1-AA2,169,1311 48.685 (6) (am) Every 4 years an entity shall require all of the following persons
12its caregivers and nonclient residents to complete a background information form
13that is provided to the entity by the department:.
AB133-ASA1-AA2, s. 1178d 14Section 1178d. 48.685 (6) (am) 1. of the statutes is repealed.
AB133-ASA1-AA2, s. 1178g 15Section 1178g. 48.685 (6) (am) 2. of the statutes is repealed.
AB133-ASA1-AA2, s. 1179d 16Section 1179d. 48.685 (6) (b) of the statutes is renumbered 48.685 (6) (b) 1.
17and amended to read:
AB133-ASA1-AA2,170,218 48.685 (6) (b) 1. For persons specified under par. (a) caregivers who are licensed
19by the department, for persons specified in par. (am) 1. who are under 18 years of age,
20but not under 12 years of age, and who are employes, prospective employes,
21contractors or prospective contractors
caregivers of a day care center that is licensed
22under s. 48.65 or established or contracted for under s. 120.13 (4) or of a day care
23provider that is certified under s. 48.651, for persons specified in par. (am) 2. who are
24nonclient residents or prospective nonclient residents of an entity that is licensed by

1the department, and for other persons specified by the department by rule, the entity
2shall send the background information form to the department.
AB133-ASA1-AA2,170,7 32. For persons specified under par. (a) caregivers who are licensed or certified
4by a county department, for persons specified in par. (am) 2. who are nonclient
5residents or prospective
nonclient residents of an entity that is licensed or certified
6by a county department and for other persons specified by the department by rule,
7the entity shall send the background information form to the county department.
AB133-ASA1-AA2,170,12 83. For persons specified under par. (a) caregivers who are licensed by a child
9welfare agency, for persons specified in par. (am) 2. who are nonclient residents or
10prospective
nonclient residents of an entity that is licensed by a child welfare agency
11and for other persons specified by the department by rule, the entity shall send the
12background information form to the child welfare agency
AB133-ASA1-AA2,170,20 134. For persons specified under par. (a) caregivers who are contracted with by
14a school board, for persons specified in par. (am) 2. who are nonclient residents or
15prospective
nonclient residents of an entity that is contracted with by a school board
16and for other persons specified by the department by rule, the entity shall send the
17background information form to the school board. For all other persons specified
18under par. (am) 1., the entity shall maintain the background information form on file
19for inspection by the department, county department, child welfare agency or school
20board, whichever is applicable.
AB133-ASA1-AA2, s. 1180g 21Section 1180g. 48.685 (7) (a) of the statutes is repealed.
AB133-ASA1-AA2, s. 1180h 22Section 1180h. 48.685 (7) (b) of the statutes is repealed.".
AB133-ASA1-AA2,170,23 23467. Page 652, line 24: after that line insert:
AB133-ASA1-AA2,170,24 24" Section 1182d. 48.69 of the statutes is amended to read:
AB133-ASA1-AA2,171,15
148.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7),
2if any child welfare agency, shelter care facility, group home or day care center that
3has not been previously issued a license under s. 48.66 (1) (a) applies for a license,
4meets the minimum requirements for a license established under s. 48.67 and pays
5the applicable fee referred to in s. 48.68 (1), the department shall issue a
6probationary license to that child welfare agency, shelter care facility, group home
7or day care center. A probationary license is valid for up to 6 months after the date
8of issuance unless renewed under this section or suspended or revoked under s.
948.715. Before a probationary license expires, the department shall inspect the child
10welfare agency, shelter care facility, group home or day care center holding the
11probationary license and, except as provided under s. 48.715 (6) and (7), if the child
12welfare agency, shelter care facility, group home or day care center meets the
13minimum requirements for a license established under s. 48.67, the department
14shall issue a license under s. 48.66 (1) (a). A probationary license issued under this
15section may be renewed for one 6-month period.
AB133-ASA1-AA2, s. 1183d 16Section 1183d. 48.715 (1) of the statutes is amended to read:
AB133-ASA1-AA2,171,1917 48.715 (1) In this section, "licensee" means a person who holds a license under
18s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare
19agency, shelter care facility, group home or day care center.
AB133-ASA1-AA2, s. 1184d 20Section 1184d. 48.715 (2) (a) of the statutes is amended to read:
AB133-ASA1-AA2,171,2421 48.715 (2) (a) That a person stop operating a child welfare agency, shelter care
22facility, group home or day care center if the child welfare agency, shelter care facility,
23group home or day care center is without a license in violation of s. 48.66 (1) (a) or
24a probationary license in violation of s. 48.69.
AB133-ASA1-AA2, s. 1185d 25Section 1185d. 48.715 (2) (b) of the statutes is amended to read:
AB133-ASA1-AA2,172,5
148.715 (2) (b) That a person who employs a person who has had a license under
2s. 48.66 (1) (a) or a probationary license under s. 48.69 revoked within the previous
35 years terminate the employment of that person within 30 days after the date of the
4order. This paragraph includes employment of a person in any capacity, whether as
5an officer, director, agent or employe.
AB133-ASA1-AA2, s. 1186d 6Section 1186d. 48.715 (4) (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,172,117 48.715 (4) (intro.) If the department provides written notice of revocation and
8the grounds for revocation as provided in sub. (4m) and an explanation of the process
9for appealing a revocation under this subsection, the department may revoke a
10license issued under s. 48.66 (1) (a) or a probationary license issued under s. 48.69
11for any of the following reasons:
AB133-ASA1-AA2, s. 1187d 12Section 1187d. 48.715 (5) of the statutes is amended to read:
AB133-ASA1-AA2,172,1613 48.715 (5) The department may deny a license under s. 48.66 (1) (a) or a
14probationary license under s. 48.69 to any person who has had a license under s.
1548.66 (1) (a) or a probationary license under s. 48.69 revoked within the previous 5
16years.
AB133-ASA1-AA2, s. 1188d 17Section 1188d. 48.715 (6) of the statutes is amended to read:
AB133-ASA1-AA2,173,718 48.715 (6) The department of health and family services shall deny, suspend,
19restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) (a) or a
20probationary license under s. 48.69 to operate a child welfare agency, group home,
21shelter care facility or day care center, and the department of corrections shall deny,
22suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1)
23(b) to operate a secured child caring institution, for failure of the applicant or licensee
24to pay court-ordered payments of child or family support, maintenance, birth
25expenses, medical expenses or other expenses related to the support of a child or

1former spouse or for failure of the applicant or licensee to comply, after appropriate
2notice, with a subpoena or warrant issued by the department of workforce
3development or a county child support agency under s. 59.53 (5) and related to
4paternity or child support proceedings, as provided in a memorandum of
5understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action
6taken under this subsection is subject to review only as provided in the memorandum
7of understanding entered into under s. 49.857 and not as provided in s. 48.72.
AB133-ASA1-AA2, s. 1189d 8Section 1189d. 48.715 (7) of the statutes is amended to read:
AB133-ASA1-AA2,173,159 48.715 (7) The department shall deny an application for the issuance or
10continuation of a license under s. 48.66 (1) (a) or a probationary license under s. 48.69
11to operate a child welfare agency, group home, shelter care facility or day care center,
12or revoke such a license already issued, if the department of revenue certifies under
13s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action
14taken under this subsection is subject to review only as provided under s. 73.0301 (5)
15and not as provided in s. 48.72.".
AB133-ASA1-AA2,173,16 16468. Page 653, line 3: after that line insert:
AB133-ASA1-AA2,173,17 17" Section 1189r. 48.75 (1m) of the statutes is amended to read:
AB133-ASA1-AA2,173,2118 48.75 (1m) Each child welfare agency and public licensing agency shall provide
19the subunit of the department that administers s. 48.685 with information about
20each person who is denied a license for a reason specified in s. 48.685 (2) (4m) (a) 1.
21to 5.".
AB133-ASA1-AA2,173,22 22469. Page 655, line 23: after that line insert:
AB133-ASA1-AA2,173,23 23" Section 1201p. 49.001 (1r) of the statutes is created to read:
AB133-ASA1-AA2,174,6
149.001 (1r) "Family planning" means voluntary action by individuals to
2prevent or aid conception. "Family planning" does not include the performance,
3promotion, encouragement or counseling in favor of, or referral either directly or
4through an intermediary for, voluntary termination of pregnancy, but may include
5the promotion, encouragement or counseling in favor of, or referral directly or
6through an intermediary for any of the following:
AB133-ASA1-AA2,174,77 (a) Prenatal care and delivery.
AB133-ASA1-AA2,174,88 (b) Infant care, foster care or adoption.
AB133-ASA1-AA2, s. 1201q 9Section 1201q. 49.001 (1s) of the statutes is created to read:
AB133-ASA1-AA2,174,1410 49.001 (1s) "Family planning services" mean counseling by trained personnel
11regarding family planning; distribution of information relating to family planning;
12and referral to licensed nurse practitioners within the scope of their practice,
13licensed physicians or local health departments for consultation, examination,
14medical treatment and prescriptions for the purpose of family planning.".
AB133-ASA1-AA2,174,15 15470. Page 655, line 23: after that line insert:
AB133-ASA1-AA2,174,16 16" Section 1201t. 49.015 (1m) (b) 5. of the statutes is created to read:
AB133-ASA1-AA2,174,1817 49.015 (1m) (b) 5. The individual has infectious tuberculosis, as defined in s.
18252.07 (1g) (a), or suspect tuberculosis, as defined in s. 252.07 (1g) (d).".
AB133-ASA1-AA2,174,19 19471. Page 657, line 5: after that line insert:
AB133-ASA1-AA2,174,20 20" Section 1207m. 49.08 of the statutes is amended to read:
AB133-ASA1-AA2,175,17 2149.08 Recovery of relief and other assistance. If any person is the owner
22of property at the time of receiving general relief under ch. 49, 1993 stats., relief
23funded by a relief block grant or other assistance as an inmate of any county or
24municipal institution in which the state is not chargeable with all or a part of the

1inmate's maintenance or as a tuberculosis patient provided for in ss. 58.06 and
2252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting,
3the authorities charged with the care of the dependent, or the board in charge of the
4institution, may sue for the value of the relief or other assistance from the person or
5the person's estate. Except as otherwise provided in this section, the 10-year statute
6of limitations may be pleaded in defense in an action to recover relief or other
7assistance. Where the recipient of relief or other assistance is deceased, a claim may
8be filed against the decedent's estate and the statute of limitations specified in s.
9859.02 shall be exclusively applicable. The court may refuse to render judgment or
10allow the claim in any case where a parent, spouse, surviving spouse or child is
11dependent on the property for support. The court in rendering judgment shall take
12into account the current family budget requirement as fixed by the U.S. department
13of labor for the community or as fixed by the authorities of the community in charge
14of public assistance. The records kept by the municipality, county or institution are
15prima facie evidence of the value of the relief or other assistance furnished. This
16section shall not apply to any person who receives care for pulmonary tuberculosis
17as provided in s. 252.08 (4)
.".
AB133-ASA1-AA2,175,18 18472. Page 663, line 25: delete that line.
AB133-ASA1-AA2,175,19 19473. Page 664, line 1: delete lines 1 to 6.
AB133-ASA1-AA2,175,20 20474. Page 676, line 21: after that line insert:
AB133-ASA1-AA2,175,21 21" Section 1274m. 49.159 (2) of the statutes is amended to read:
AB133-ASA1-AA2,176,522 49.159 (2) Minor custodial parents; financial and employment counseling.
23A custodial parent who is under the age of 18 is eligible, regardless of that
24individual's or that individual's parent's income or assets, to meet with a financial

1and employment planner. The financial and employment planner may provide the
2individual with information regarding Wisconsin works eligibility, available child
3care services, employment and financial planning, family planning services, as
4defined in s. 253.07 (1) (b),
community resources, eligibility for food stamps and other
5food and nutrition programs.".
AB133-ASA1-AA2,176,6 6475. Page 682, line 16: delete "49.143 (3p)" and substitute "49.179".
AB133-ASA1-AA2,176,7 7476. Page 683, line 8: delete lines 8 and 9 and substitute:
AB133-ASA1-AA2,176,9 8"(j) Funeral expenses. For funeral expenses under s. 49.30, $3,300,000 in fiscal
9year 1999-2000 and $3,925,100 in fiscal year 2000-01.".
AB133-ASA1-AA2,176,10 10477. Page 683, line 10: delete lines 10 and 11.
AB133-ASA1-AA2,176,11 11478. Page 684, line 8: delete "$9,700,000" and substitute "10,000,000".
AB133-ASA1-AA2,176,12 12479. Page 685, line 12: after "(3n)" insert ", (3o)".
AB133-ASA1-AA2,176,13 13480. Page 686, line 6: after "46.93" insert ", 46.99".
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