2009 - 2010 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO 2009 ASSEMBLY BILL 462
October 20, 2009 - Offered by Committee on Children and Families.
AB462-AA2,1,11 At the locations indicated, amend the bill as follows:
AB462-AA2,1,3 21. Page 4, line 1: delete the material beginning with that line and ending with
3page 5, line 17, and substitute:
AB462-AA2,1,5 4" Section 1d. 20.435 (6) (jm) of the statutes, as affected by 2009 Wisconsin Act
528
, is amended to read:
AB462-AA2,2,96 20.435 (6) (jm) Licensing and support services. The amounts in the schedule
7for the purposes specified in ss. 48.685 (2) (am) and (b) 1., (3) (a) and (b), and (5) (a),
849.45 (47), 50.02 (2), 50.025, 50.031, 50.065 (2) (am) and (b) 1., (3) (a) and (b), and (5),
950.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.981, and 146.40
10(4r) (b) and (er), and subch. IV of ch. 50 and to conduct health facilities plan and rule
11development activities, for accrediting nursing homes, convalescent homes, and
12homes for the aged, to conduct capital construction and remodeling plan reviews
13under ss. 50.02 (2) (b) and 50.36 (2), and for the costs of inspecting, licensing or

1certifying, and approving facilities, issuing permits, and providing technical
2assistance, that are not specified under any other paragraph in this subsection. All
3moneys received under ss. 48.685 (8), 49.45 (42) (c), 49.45 (47) (c), 50.02 (2), 50.025,
450.031 (6), 50.065 (8), 50.13, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93
5(1) (c), and 50.981, all moneys received from fees for the costs of inspecting, licensing
6or certifying, and approving facilities, issuing permits, and providing technical
7assistance, that are not specified under any other paragraph in this subsection, and
8all moneys received under s. 50.135 (2) shall be credited to this appropriation
9account.
AB462-AA2, s. 1g 10Section 1g. 20.437 (1) (jm) of the statutes, as affected by 2009 Wisconsin Act
1128
, section 493d, is amended to read:
AB462-AA2,2,1912 20.437 (1) (jm) Licensing activities. All moneys received from licensing
13activities under ss. 48.60, 48.62, 48.625, and 938.22 (7) and, from fees under ss.
1448.615, 48.625, and 938.22 (7) (b) and (c), and from fees under s. 48.685 (8) charged
15to entities other than day care centers or day care providers,
for the costs of licensing
16child welfare agencies under s. 48.60, foster homes and treatment foster homes
17under s. 48.62, group homes under s. 48.625, and shelter care facilities under s.
18938.22 (7) and for the purposes specified in s. 48.685 (2) (am) and (b) 1., (3) (a) and
19(b), and (5) (a) with respect to those entities
.
AB462-AA2, s. 1j 20Section 1j. 20.437 (1) (jm) of the statutes, as affected by 2009 Wisconsin Act
2128
, section 476h, and 2009 Wisconsin Act .... (this act), is repealed and recreated to
22read:
AB462-AA2,3,423 20.437 (1) (jm) Licensing activities. All moneys received from licensing
24activities under ss. 48.60, 48.62, 48.625, and 938.22 (7), from fees under ss. 48.615,
2548.625, and 938.22 (7) (b) and (c), and from fees under s. 48.685 (8) charged to entities

1other than day care centers or day care providers, for the costs of licensing child
2welfare agencies under s. 48.60, foster homes under s. 48.62, group homes under s.
348.625, and shelter care facilities under s. 938.22 (7) and for the purposes specified
4in s. 48.685 (2) (am) and (b) 1., (3) (a) and (b), and (5) (a) with respect to those entities.
AB462-AA2, s. 1m 5Section 1m. 20.437 (2) (jn) of the statutes, as created by 2009 Wisconsin Act
628
, is amended to read:
AB462-AA2,3,137 20.437 (2) (jn) Child care licensing and certification activities. All moneys
8received from licensing activities under s. 48.65, from certifying activities under s.
948.651, and from fees under ss. 48.65 (3) and 48.651 (2), and from fees under s. 48.685
10(8) charged to day care centers and day care providers
for the costs of licensing day
11care centers under s. 48.65 and of certifying day care providers under s. 48.651 and
12for the purposes specified in s. 48.685 (2) (am), (ar), and (b) 1. and 2., (3) (am) and
13(bm), and (5) (a) with respect to day care centers and day care providers
.".
AB462-AA2,3,14 142. Page 6, line 13: after that line insert:
AB462-AA2,3,15 15" Section 2r. 48.685 (1) (c) 2. of the statutes is amended to read:
AB462-AA2,3,2016 48.685 (1) (c) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19
17(2), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295,
18942.09 (2), 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.051, 948.055, 948.06,
19948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), 948.30, or
20948.53.".
AB462-AA2,4,2 213. Page 16, line 16: delete "or 943.32 (2)." and substitute "943.201, 943.203,
22943.32 (2), or 943.38 (1) or (2); a violation of s. 943.34 (1), 943.395 (1), 943.41 (3) (e),
23(4) (a), (5), (6), or (6m), 943.45 (1), 943.455 (2), 943.46 (2), 943.47 (2), 943.50 (1m), or

1943.70 (2) (a) or (am) or (3) (a) that is a felony; or an offense under subch. IV of ch.
2943 that is a felony.".
AB462-AA2,4,4 34. Page 16, line 18: after "information to" insert "or the intentional
4withholding of information from".
AB462-AA2,4,7 55. Page 17, line 8: delete "if committed not more" and substitute "if the person
6completed his or her sentence, including any probation, parole, or extended
7supervision, or was discharged by the department of corrections, less".
AB462-AA2,4,10 86. Page 17, line 10: delete "if committed not more" and substitute "if the person
9completed his or her sentence, including any probation, parole, or extended
10supervision, or was discharged by the department of corrections, less".
AB462-AA2,4,11 117. Page 23, line 3: after that line insert:
AB462-AA2,4,12 12" Section 37m. 49.197 (6) of the statutes is created to read:
AB462-AA2,4,1713 49.197 (6) Reporting of suspected frauds. If any employee of the department,
14a county, or a tribal governing body reasonably suspects fraudulent activity as
15described in sub. (1m) or (2) (b) and reports the facts and circumstances contributing
16to that suspicion to any management employee of the department, county, or tribal
17governing body or to the district attorney, all of the following apply:
AB462-AA2,4,2318 (a) Any person participating in good faith in the making of a report under sub.
19(6) (intro.) or in initiating, participating in, or testifying in, any action or proceeding
20in which fraudulent activity as described in sub. (1m) or (2) (b) is alleged shall have
21immunity from any liability, civil or criminal, that results by reason of the action.
22For the purpose of any proceeding, civil or criminal, the good faith of any person
23reporting under sub. (6) (intro.) shall be presumed.
AB462-AA2,5,9
1(b) The department, a county, a tribal governing body, or an employee of the
2department, a county, or a tribal governing body may not take disciplinary action
3against, or threaten to take disciplinary action against, any person because the
4person in good faith reported any information under sub. (6) (intro.) or initiated,
5participated in, or testified in, any action or proceeding in which fraudulent activity
6described in sub. (1m) or (2) (b) was alleged or because the department, county, tribal
7governing body, or employee believes that the person in good faith reported any
8information under sub. (6) (intro.) or initiated, participated in, or testified in, such
9an action or proceeding.
AB462-AA2,5,1610 (c) Any employee of the department, a county, or a tribal governing body who
11is subjected to disciplinary action, or who is threatened with disciplinary action, in
12violation of par. (b) may file a complaint with the department of workforce
13development under s. 106.54 (9). If that department finds that a violation of par. (b)
14has been committed, that department may take such action under s. 111.39 as will
15effectuate the purpose of this section. Section 111.322 (2m) applies to a disciplinary
16action arising in connection with any proceeding under this paragraph.
AB462-AA2, s. 37p 17Section 37p. 49.845 (4) of the statutes is renumbered 49.845 (4) (intro.) and
18amended to read:
AB462-AA2,6,319 49.845 (4) (intro.) Notwithstanding s. 49.197 (1m) and (3), the department of
20children and families may contract with the department of health services to
21investigate suspected fraudulent activity on the part of recipients of aid to families
22with dependent children under s. 49.19 and participants in Wisconsin Works under
23ss. 49.141 to 49.161 and to conduct activities to reduce payment errors in Wisconsin
24Works under ss. 49.141 to 49.161, as provided in this section. If any employee of the
25department of health services reasonably suspects fraudulent activity as described

1in this paragraph and reports the facts and circumstances contributing to that
2suspicion to any management employee of that department or to the district
3attorney, all of the following apply:
AB462-AA2, s. 37r 4Section 37r. 49.895 (4) (a), (b) and (c) of the statutes are created to read:
AB462-AA2,6,105 49.895 (4) (a) Any person participating in good faith in the making of a report
6under sub. (4) (intro.) or in initiating, participating in, or testifying in, any action or
7proceeding in which fraudulent activity as described in sub. (4) (intro.) is alleged
8shall have immunity from any liability, civil or criminal, that results by reason of the
9action. For the purpose of any proceeding, civil or criminal, the good faith of any
10person reporting under sub. (4) (intro.) shall be presumed.
AB462-AA2,6,1811 (b) The department of health services or an employee of that department may
12not take disciplinary action against, or threaten to take disciplinary action against,
13any person because the person in good faith reported any information under sub. (4)
14(intro.) or initiated, participated in, or testified in, any action or proceeding in which
15fraudulent activity as described in sub. (4) (intro.) was alleged or because that
16department or employee believes that the person in good faith reported any
17information under sub. (4) (intro.) or initiated, participated in, or testified in, such
18an action or proceeding.
AB462-AA2,6,2519 (c) Any employee of the department of health services who is subjected to
20disciplinary action, or who is threatened with disciplinary action, in violation of par.
21(b) may file a complaint with the department of workforce development under s.
22106.54 (9). If that department finds that a violation of par. (b) has been committed,
23that department may take such action under s. 111.39 as will effectuate the purpose
24of this section. Section 111.322 (2m) applies to a disciplinary action arising in
25connection with any proceeding under this paragraph.
AB462-AA2, s. 37v
1Section 37v. 106.54 (9) of the statutes is created to read:
AB462-AA2,7,42 106.54 (9) The division shall receive complaints under s. 49.197 (6) (c) or 49.845
3(4) (c) and shall process the complaints in the same manner that employment
4discrimination complaints are processed under s. 111.39.
AB462-AA2, s. 37x 5Section 37x. 111.322 (2m) (bm) of the statutes is created to read:
AB462-AA2,7,86 111.322 (2m) (bm) The individual files a complaint or attempts to enforce a
7right under s. 49.197 (6) (c) or 49.845 (4) (c) or testifies or assists in any action or
8proceeding under s. 49.197 (6) (c) or 49.845 (4) (c).".
AB462-AA2,7,10 98. Page 24, line 11: delete "section" and substitute "sections 20.437 (1) (jm)
10and".
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