AB462-AA3,4,8 3"3m. Except for purposes of permitting a person to be a nonclient resident or
4caregiver specified in sub. (1) (ag) 1. a. of a day care center or day care provider, a
5violation of s. 943.201, 943.203, 943.32 (2), or 943.38 (1) or (2); a violation of s. 943.34
6(1), 943.395 (1), 943.41 (3) (e), (4) (a), (5), (6), or (6m), 943.45 (1), 943.455 (2), 943.46
7(2), 943.47 (2), 943.50 (1m), or 943.70 (2) (a) or (am) or (3) (a) that is a felony; or an
8offense under subch. IV of ch. 943 that is a felony.".
AB462-AA3,4,10 97. Page 16, line 18: after "information to" insert "or the intentional
10withholding of information from".
AB462-AA3,4,13 118. Page 17, line 8: delete "if committed not more" and substitute "if the person
12completed his or her sentence, including any probation, parole, or extended
13supervision, or was discharged by the department of corrections, less".
AB462-AA3,4,16 149. Page 17, line 10: delete "if committed not more" and substitute "if the person
15completed his or her sentence, including any probation, parole, or extended
16supervision, or was discharged by the department of corrections, less".
AB462-AA3,4,17 1710. Page 19, line 14: after that line insert:
AB462-AA3,4,18 18" Section 29m. 48.981 (3) (c) 5r. of the statutes is created to read:
AB462-AA3,5,219 48.981 (3) (c) 5r. If the county department or, in a county having a population
20of 500,000 or more, the department or a licensed child welfare agency under contract
21with the department determines under subd. 4. that a specific person has abused or
22neglected a child, the county department, department, or licensed child welfare
23agency, within 15 days after the date of the determination, shall provide the subunit

1of the department that administers s. 48.685 with information about the person who
2has been determined to have abused or neglected the child.
AB462-AA3, s. 29p 3Section 29p. 48.981 (3) (cm) of the statutes is amended to read:
AB462-AA3,5,114 48.981 (3) (cm) Contract with licensed child welfare agencies. A county
5department may contract with a licensed child welfare agency to fulfill the county
6department's duties specified under par. (c) 1., 2. b., 2m. b., 5., 5r., 6., 6m., and 8. The
7department may contract with a licensed child welfare agency to fulfill the
8department's duties specified under par. (c) 1., 2. a., 2m. b., 3., 4., 5., 5m., 5r., 6., 6m.,
97., 8,. and 9. in a county having a population of 500,000 or more. The confidentiality
10provisions specified in sub. (7) shall apply to any licensed child welfare agency with
11which a county department or the department contracts.".
AB462-AA3,5,12 1211. Page 23, line 3: after that line insert:
AB462-AA3,5,13 13" Section 37f. 49.155 (8) of the statutes is created to read:
AB462-AA3,5,1914 49.155 (8) Ineligibility for conviction of violation. Notwithstanding sub.
15(1m) and ss. 49.141 (7) (c) and 49.151 (2), if a court finds or it is determined after an
16administrative hearing that an individual who is receiving or has received a child
17care subsidy under this section has violated any provision of, or rule promulgated
18under, this section, the individual shall be ineligible for up to 5 years, beginning on
19the date of the judgment or decision, to receive a child care subsidy under this section.
AB462-AA3, s. 37k 20Section 37k. 49.197 (2) (c) of the statutes, as affected by 2009 Wisconsin Act
2128
, section 1262, is amended to read:
AB462-AA3,6,622 49.197 (2) (c) A county department, Wisconsin Works agency, or tribal
23governing body that establishes a program under par. (b) shall advise both the
24department and the department of health services of the date on which the program

1was established and, on an ongoing basis, of any amounts recovered as a result of the
2program. A county department, Wisconsin Works agency, or tribal governing body
3may retain any amounts recovered under a program under this subsection and must
4use the moneys retained to pay cash benefits to Wisconsin Works participants for any
5purpose for which moneys under the Temporary Assistance for Needy Families block
6grant program may be used under federal law
.
AB462-AA3, s. 37m 7Section 37m. 49.197 (2) (c) of the statutes, as affected by 2009 Wisconsin Act
828
, section 1262m, is amended to read:
AB462-AA3,6,189 49.197 (2) (c) A county department, Wisconsin Works agency, or tribal
10governing body that establishes a program under par. (b) shall advise both the
11department and the department of health services of the date on which the program
12was established and, on an ongoing basis, of any amounts recovered as a result of the
13program. Except as provided in par. (cm), a county department, Wisconsin Works
14agency, or tribal governing body may retain any amounts recovered under a program
15under this subsection and must use the moneys retained to pay cash benefits to
16Wisconsin Works participants
for any purpose for which moneys under the
17Temporary Assistance for Needy Families block grant program may be used under
18federal law
.
AB462-AA3, s. 37n 19Section 37n. 49.197 (6) of the statutes is created to read:
AB462-AA3,6,2420 49.197 (6) Reporting of suspected fraud. If any employee of the department,
21a county, or a tribal governing body reasonably suspects fraudulent activity as
22described in sub. (1m) or (2) (b) and reports the facts and circumstances contributing
23to that suspicion to any management employee of the department, county, or tribal
24governing body or to the district attorney, all of the following apply:
AB462-AA3,7,6
1(a) Any person participating in good faith in the making of a report under sub.
2(6) (intro.) or in initiating, participating in, or testifying in, any action or proceeding
3in which fraudulent activity as described in sub. (1m) or (2) (b) is alleged shall have
4immunity from any liability, civil or criminal, that results by reason of the action.
5For the purpose of any proceeding, civil or criminal, the good faith of any person
6reporting under sub. (6) (intro.) shall be presumed.
AB462-AA3,7,157 (b) The department, a county, a tribal governing body, or an employee of the
8department, a county, or a tribal governing body may not take disciplinary action
9against, or threaten to take disciplinary action against, any person because the
10person in good faith reported any information under sub. (6) (intro.) or initiated,
11participated in, or testified in, any action or proceeding in which fraudulent activity
12described in sub. (1m) or (2) (b) was alleged or because the department, county, tribal
13governing body, or employee believes that the person in good faith reported any
14information under sub. (6) (intro.) or initiated, participated in, or testified in, such
15an action or proceeding.
AB462-AA3,7,2216 (c) Any employee of the department, a county, or a tribal governing body who
17is subjected to disciplinary action, or who is threatened with disciplinary action, in
18violation of par. (b) may file a complaint with the department of workforce
19development under s. 106.54 (9). If that department finds that a violation of par. (b)
20has been committed, that department may take such action under s. 111.39 as will
21effectuate the purpose of this section. Section 111.322 (2m) applies to a disciplinary
22action arising in connection with any proceeding under this paragraph.
AB462-AA3, s. 37p 23Section 37p. 49.845 (4) of the statutes is renumbered 49.845 (4) (intro.) and
24amended to read:
AB462-AA3,8,10
149.845 (4) (intro.) Notwithstanding s. 49.197 (1m) and (3), the department of
2children and families may contract with the department of health services to
3investigate suspected fraudulent activity on the part of recipients of aid to families
4with dependent children under s. 49.19 and participants in Wisconsin Works under
5ss. 49.141 to 49.161 and to conduct activities to reduce payment errors in Wisconsin
6Works under ss. 49.141 to 49.161, as provided in this section. If any employee of the
7department of health services reasonably suspects fraudulent activity as described
8in this paragraph and reports the facts and circumstances contributing to that
9suspicion to any management employee of that department or to the district
10attorney, all of the following apply:
AB462-AA3, s. 37r 11Section 37r. 49.895 (4) (a), (b) and (c) of the statutes are created to read:
AB462-AA3,8,1712 49.895 (4) (a) Any person participating in good faith in the making of a report
13under sub. (4) (intro.) or in initiating, participating in, or testifying in, any action or
14proceeding in which fraudulent activity as described in sub. (4) (intro.) is alleged
15shall have immunity from any liability, civil or criminal, that results by reason of the
16action. For the purpose of any proceeding, civil or criminal, the good faith of any
17person reporting under sub. (4) (intro.) shall be presumed.
AB462-AA3,8,2518 (b) The department of health services or an employee of that department may
19not take disciplinary action against, or threaten to take disciplinary action against,
20any person because the person in good faith reported any information under sub. (4)
21(intro.) or initiated, participated in, or testified in, any action or proceeding in which
22fraudulent activity as described in sub. (4) (intro.) was alleged or because that
23department or employee believes that the person in good faith reported any
24information under sub. (4) (intro.) or initiated, participated in, or testified in, such
25an action or proceeding.
AB462-AA3,9,7
1(c) Any employee of the department of health services who is subjected to
2disciplinary action, or who is threatened with disciplinary action, in violation of par.
3(b) may file a complaint with the department of workforce development under s.
4106.54 (9). If that department finds that a violation of par. (b) has been committed,
5that department may take such action under s. 111.39 as will effectuate the purpose
6of this section. Section 111.322 (2m) applies to a disciplinary action arising in
7connection with any proceeding under this paragraph.
AB462-AA3, s. 37v 8Section 37v. 106.54 (9) of the statutes is created to read:
AB462-AA3,9,119 106.54 (9) The division shall receive complaints under s. 49.197 (6) (c) or 49.845
10(4) (c) and shall process the complaints in the same manner that employment
11discrimination complaints are processed under s. 111.39.
AB462-AA3, s. 37x 12Section 37x. 111.322 (2m) (bm) of the statutes is created to read:
AB462-AA3,9,1513 111.322 (2m) (bm) The individual files a complaint or attempts to enforce a
14right under s. 49.197 (6) (c) or 49.845 (4) (c) or testifies or assists in any action or
15proceeding under s. 49.197 (6) (c) or 49.845 (4) (c).".
AB462-AA3,9,18 1612. Page 24, line 1: delete "This act" and substitute "Except for the treatment
17of sections 49.155 (8) and 49.197 (2) (c) (by Sections 37k and 37m) of the statutes,
18this act".
AB462-AA3,9,19 1913. Page 24, line 7: after that line insert:
AB462-AA3,9,22 20"(2) Ineligibility for conviction of violation. The treatment of section 49.155
21(8) of the statutes first applies to judgments granted and decisions made on the
22effective date of this subsection.".
AB462-AA3,9,23 2314. Page 24, line 8: delete "6th" and substitute "3rd".
AB462-AA3,9,24
115. Page 24, line 11: delete "section" and substitute "sections 20.437 (1) (jm)
2and".
AB462-AA3,10,3 316. Page 24, line 13: after that line insert:
AB462-AA3,10,6 4"(2) Ineligibility for conviction of violation. The treatment of section 49.155
5(8) of the statutes and Section 40 (2) of this act take effect on the day after
6publication.
AB462-AA3,10,7 7(2m) Incentive program for Wisconsin Shares fraud detection.
AB462-AA3,10,9 8(a) The treatment of section 49.197 (2) (by Section 37k) of the statutes takes
9effect on the day after publication.
AB462-AA3,10,11 10(b) The treatment of section 49.197 (2) (by Section 37m) of the statutes takes
11effect on January 1, 2010, or on the day after publication, whichever is later.".
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