AB479: Bill Text

AB479,22,21 49.133 (1m) (b) The If a child care provider is convicted of a serious crime, as defined in s. 48.685 (1) (c) 3m., or a crime involving financial dishonesty, or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the department or a county department under s. 46.215, 46.22, or 46.23 may shall refuse to pay a the child care provider for any child care provided under s. 49.132, 1995 stats., or any other program if any of the following applies to the child care provider, employee or person living on the premises where child care is provided: beginning on the date of the conviction or delinquency adjudication.

AB479, s. 31 Section 31. 49.133 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 49.133 (2m) (a) and amended to read:

AB479,23,5 49.133 (2m) (a) The person has been convicted of a felony or misdemeanor that or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, as defined in s. 48.685 (1) (c) 3m., but the department or, county department under s. 46.215, 46.22, or 46.23, agency contracted with under s. 48.651 (2), or school board determines under s. 48.685 (5m) that the offense substantially relates to the care of children or the department or county department determines that the offense substantially relates to the operation of a business.

AB479, s. 32 Section 32. 49.133 (1m) (a) of the statutes is created to read:

AB479,23,8 49.133 (1m) (a) In this subsection, "crime involving financial dishonesty" means an offense under subch. III or IV of ch. 943.

AB479, s. 33 Section 33. 49.133 (1m) (c) of the statutes is created to read:

AB479,23,20 49.133 (1m) (c) If a child care provider is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 (1) (c) 3m., or a crime involving financial dishonesty or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday, the department or county department under s. 46.215, 46.22, or 46.23 shall immediately suspend payment to the child care provider for any child care provided under s. 49.132, 1995 stats., or any other program until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to receive such a payment.

AB479, s. 34 Section 34. 49.133 (1m) (d) of the statutes is created to read:

AB479,24,5 49.133 (1m) (d) If a child care provider or a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider has entered against him or her a temporary restraining order or injunction under s. 813.12, 813.122, 813.123, 813.125, 813.127, or 813.128, the department or county department under s. 46.215, 46.22, or 46.23 shall investigate the circumstances giving rise to the temporary restraining order or injunction and may suspend or discontinue payments to the child care provider for any child care provided under s. 49.132, 1995 stats., or any other program, depending on the gravity of those circumstances, as determined by the department or county department.

AB479, s. 35 Section 35. 49.133 (2) of the statutes is renumbered 49.133 (2m) (b) and amended to read:

AB479,24,12 49.133 (2m) (b) The person is a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), and is the subject of a pending criminal charge that the department or, county department under s. 46.215, 46.22, or 46.23, agency contracted with under s. 48.651 (2), or school board determines substantially relates to the care of children.

AB479, s. 36 Section 36. 49.133 (2m) (intro.) of the statutes is created to read:

AB479,24,18 49.133 (2m) (intro.) The department or a county department under s. 46.215, 46.22, or 46.23 may refuse to pay a child care provider for child care provided under s. 49.132, 1995 stats., or any other program if any of the following applies to the child care provider or to a caregiver specified in s. 48.685 (1) (ag) 1. a. or nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider:

AB479, s. 37 Section 37. 49.133 (3) of the statutes is renumbered 49.133 (2m) (c).

AB479, s. 38 Section 38. 49.133 (4) of the statutes, as created by 2009 Wisconsin Act 28, is renumbered 49.133 (2m) (c).

AB479, s. 39 Section 39. 49.155 (7) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed and recreated to read:

AB479,25,3 49.155 (7) Refusal to pay child care providers. (a) 1. In this paragraph, "crime involving financial dishonestly" means an offense under subch. III or IV of ch. 943.

AB479,25,11 2. If a child care provider is convicted of a serious crime, as defined in s. 48.685 (1) (c) 3m., or a crime involving financial dishonesty, or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the department or the county department under s. 46.215, 46.22, or 46.23 shall refuse to pay the child care provider for any child care provided under this section beginning on the date of the conviction or delinquency adjudication.

AB479,25,22 3. If a child care provider is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 (1) (c) 3m., or a crime involving financial dishonesty or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday, the department or the county department under s. 46.215, 46.22, or 46.23 shall immediately suspend payment to the child care provider for any child care provided under this section until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to receive such a payment.

AB479,26,6 4. If a child care provider or a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider has entered against him or her a temporary restraining order or injunction under s. 813.12, 813.122, 813.123, 813.125, 813.127, or 813.128, the department or county department under s. 46.215, 46.22, or 46.23 shall investigate the circumstances giving rise to the temporary restraining order or injunction and may suspend or discontinue payments to the child care provider for any child care provided under this section, depending on the gravity of those circumstances, as determined by the department or county department.

AB479,26,11 (b) The department or the county department under s. 46.215, 46.22, or 46.23 may refuse to pay a child care provider for child care provided under this section if any of the following applies to the child care provider or to a caregiver specified in s. 48.685 (1) (ag) 1. a. or nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider:

AB479,26,18 1. The person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for committing an offense that is not a serious crime, as defined in s. 48.685 (1) (c) 3m., but the department, county department, agency contracted with under s. 48.651 (2), or school board determines under s. 48.685 (5m) that the offense substantially relates to the care of children or the department or county department determines that the offense substantially relates to the operation of a business.

AB479,26,22 2. The person is a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), and is the subject of a pending criminal charge that the department, county department, agency contracted with under s. 48.651 (2), or school board determines substantially relates to the care of children.

AB479,26,24 3. The person has been determined under s. 48.981 to have abused or neglected a child.

AB479,27,3 4. The department or county department reasonably suspects that the person has violated any provision under the program under this section or any rule promulgated under this section.

AB479, s. 40 Section 40. 49.197 (6) of the statutes is created to read:

AB479,27,14 49.197 (6) Reporting to law enforcement authorities. (a) 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), the employee shall immediately report the facts and circumstances contributing to that suspicion to the district attorney. The district attorney shall keep the identity of the reporter confidential until the district attorney determines that the report merits further investigation. If the district attorney conducts a full investigation, the district attorney shall keep the identity of the reporter confidential if it is reasonably possible to do so. Any person who fails to report as required in this paragraph may be fined not more than $1,000 or imprisoned not more than 6 months or both.

AB479,27,20 (b) Any person participating in good faith in the making of a report under par. (a) 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 par. (a) shall be presumed.

AB479,28,4 (c) 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 par. (a) 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 par. (a) or initiated, participated in, or testified in, such an action or proceeding.

AB479,28,11 (d) 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. (c) may file a complaint with the department of workforce development under s. 106.54 (9). If that department finds that a violation of par. (c) 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.

AB479, s. 41 Section 41. 49.845 (4) of the statutes is renumbered 49.845 (4) (a) and amended to read:

AB479,29,3 49.845 (4) (a) 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, the employee shall immediately report the facts and circumstances contributing to that suspicion to the district attorney. The district attorney shall keep the identity of the reporter confidential until the district attorney determines that the report merits further investigation. If the district attorney conducts a full investigation, the district attorney shall keep the identity of the reporter confidential if it is reasonably possible to do so. Any person who fails to report as required in this paragraph may be fined not more than $1,000 or imprisoned not more than 6 months or both.

AB479, s. 42 Section 42. 49.895 (4) (b), (c) and (d) of the statutes are created to read:

AB479,29,10 49.895 (4) (b) Any person participating in good faith in the making of a report under par. (a) or in initiating, participating in, or testifying in, any action or proceeding in which fraudulent activity as described in par. (a) 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 par. (a) shall be presumed.

AB479,29,17 (c) 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 par. (a) or initiated, participated in, or testified in, any action or proceeding in which fraudulent activity as described in par. (a) was alleged or because that department or employee believes that the person in good faith reported any information under par. (a) or initiated, participated in, or testified in, such an action or proceeding.

AB479,29,24 (d) 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. (c) may file a complaint with the department of workforce development under s. 106.54 (9). If that department finds that a violation of par. (c) 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.

AB479, s. 43 Section 43. 106.54 (9) of the statutes is created to read:

AB479,30,3 106.54 (9) The division shall receive complaints under s. 49.197 (6) (d) or 49.845 (4) (d) and shall process the complaints in the same manner that employment discrimination complaints are processed under s. 111.39.

AB479, s. 44 Section 44. 111.322 (2m) (bm) of the statutes is created to read:

AB479,30,7 111.322 (2m) (bm) The individual files a complaint or attempts to enforce a right under s. 49.197 (6) (d) or 49.845 (4) (d) or testifies or assists in any action or proceeding under s. 49.197 (6) (d) or 49.845 (4) (d).

AB479, s. 45 Section 45. 120.13 (14) of the statutes is renumbered 120.13 (14) (a).

AB479, s. 46 Section 46. 120.13 (14) (b) of the statutes is created to read:

AB479,30,17 120.13 (14) (b) 1. If a person who has contracted under par. (a) to provide a day care program is convicted of a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day care program is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the school board shall rescind the contract of the contractor immediately upon providing written notice of the rescission and the grounds for the rescission and an explanation of the process for appealing the rescission.

AB479,31,2 2. If a person who has contracted under par. (a) to provide a day care program is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day care program is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday, the school board shall immediately suspend the contract of the contractor until the school board obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to provide a day care program under this subsection.

AB479,31,10 3. If a person who has contracted under par. (a) to provide a day care program or a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day care program has entered against him or her a temporary restraining order or injunction under s. 813.12, 813.122, 813.123, 813.125, 813.127, or 813.128, the school board shall investigate the circumstances giving rise to the temporary restraining order or injunction and may suspend or rescind the contract of the contractor, depending on the gravity of those circumstances, as determined by the school board.

AB479, s. 47 Section 47. Initial applicability.

AB479,31,19 (1) Retroactive application. This act first applies to a decision to deny, suspend, revoke, rescind, or refuse to renew a license under section 48.65 of the statutes, a certification under section 48.651 of the statutes, or a contract under section 120.13 (14) of the statutes, or to refuse to pay a child care provider under section 49.133 or 49.155 (7) of the statutes, made on the effective date of this subsection, notwithstanding that the conviction, adjudication, charge, temporary restraining order, or injunction on which the decision is based was obtained, filed, or granted before the effective date of this subsection.

AB479, s. 48 Section 48. Effective dates. This act takes effect on the first day of the 6th month beginning after publication, except as follows:

AB479,32,2 (1) Elimination of treatment foster homes. The repeal and recreation of section 48.685 (4m) (ad) of the statutes takes effect on the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under section 48.62 (9) of the statutes.

AB479,32,3 (End)