AB479,14,520 48.685 (3) (a) Every Subject to par. (am), every 4 years or at any time within
21that period that the department, a county department, an agency contracted with
22under s. 48.651 (2),
a child welfare agency, or a school board considers appropriate,
23the department, county department, contracted agency, child welfare agency, or
24school board shall request the information specified in sub. (2) (am) 1. to 5. for all
25caregivers specified in sub. (1) (ag) 1. b. who are licensed, certified, or contracted to

1operate an entity, and for all persons who are nonclient residents of such a caregiver,
2and for all persons under 18 years of age, but not under 12 years of age, who are
3caregivers of a day care center that is licensed under s. 48.65 or established or
4contracted for under s. 120.13 (14) or of a day care provider that is certified under s.
548.651
.
AB479, s. 15 6Section 15. 48.685 (3) (am) of the statutes is created to read:
AB479,14,167 48.685 (3) (am) Every 90 days or at any time within that period that the
8department, a county department, an agency contracted with under s. 48.651 (2), or
9a school board considers appropriate, the department, county department,
10contracted agency, or school board shall request the information specified in sub. (2)
11(am) 1. and (ar) for all caregivers specified in sub. (1) (ag) 1. b. who are licensed under
12s. 48.65 to operate a day care center, certified as a day care provider under s. 48.651,
13or contracted under s. 120.13 (14) to operate a day care center for all persons who are
14nonclient residents of such a caregiver, and for all persons under 18 years of age, but
15not under 12 years of age, who are caregivers specified in sub. (1) (ag) 1. a. of such
16a caregiver.
AB479, s. 16 17Section 16. 48.685 (3) (b) of the statutes is amended to read:
AB479,14,2418 48.685 (3) (b) Every Subject to par. (bm), every 4 years or at any time within
19that period that an entity considers appropriate, the entity shall request the
20information specified in sub. (2) (b) 1. a. to e. for all persons who are caregivers
21specified in sub. (1) (ag) 1. a. of the entity other than persons under 18 years of age,
22but not under 12 years of age, who are caregivers of a day care center that is licensed
23under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care
24provider that is certified under s. 48.651
.
AB479, s. 17 25Section 17. 48.685 (3) (bm) of the statutes is created to read:
AB479,15,7
148.685 (3) (bm) Every 90 days or at any time within that period that a day care
2center that is licensed under s. 48.65 or established or contracted for under s. 120.13
3(14) or a day care provider that is certified under s. 48.651 considers appropriate, the
4day care center or day care provider shall request the information specified in sub.
5(2) (b) 1. a. to e. and 2. for all persons who are caregivers specified in sub. (1) (ag) 1.
6a. of the day care center or day care provider other than persons under 18 years of
7age, but not under 12 years of age.
AB479, s. 18 8Section 18. 48.685 (3m) of the statutes is amended to read:
AB479,15,159 48.685 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a
10county department, an agency contracted with under s. 48.651 (2), a child welfare
11agency, or a school board has obtained the information required under sub. (2) (am)
12or (3) (a) or (am) with respect to a person who is a caregiver specified in sub. (1) (ag)
131. b. and that person is also an employee, contractor, or nonclient resident of an
14entity, the entity is not required to obtain the information specified in sub. (2) (b) 1.
15or (3) (b) with respect to that person.
AB479, s. 19 16Section 19. 48.685 (4m) (a) 1. of the statutes is amended to read:
AB479,16,317 48.685 (4m) (a) 1. That the person has been convicted of a serious crime or, if
18the person is an applicant for issuance or continuation of a license to operate a day
19care center or for initial certification under s. 48.651 or for renewal of that
20certification or if the person is proposing to contract with a school board under s.
21120.13 (14) or to renew a contract under that subsection, that the person has been
22convicted of a serious crime or adjudicated delinquent on or after his or her 12th
23birthday for committing a serious crime; that the person is the subject of a pending
24criminal charge or delinquency petition alleging that the person has committed a
25serious crime on or after his or her 12th birthday; or that the person has had a

1temporary restraining order or injunction under s. 813.12, 813.122, 813.123,
2813.125, 813.127, or 813.128 entered against him or her not more than 15 years
3before the date of the investigation under sub. (2) (ar)
.
AB479, s. 20 4Section 20. 48.685 (4m) (ad) of the statutes, as affected by 2009 Wisconsin Act
528
, section 1073d, is amended to read:
AB479,16,146 48.685 (4m) (ad) The department, a county department, or a child welfare
7agency may license a foster home or treatment foster home under s. 48.62,; the
8department may license a day care center under s. 48.65;
the department in a county
9having a population of 500,000 or more, a county department, or an agency
10contracted with under s. 48.651 (2) may certify a day care provider under s. 48.651,;
11and a school board may contract with a person under s. 120.13 (14), conditioned on
12the receipt of the information specified in sub. (2) (am) and (ar) indicating that the
13person is not ineligible to be licensed, certified, or contracted with for a reason
14specified in par. (a) 1. to 5.
AB479, s. 21 15Section 21. 48.685 (4m) (ad) of the statutes, as affected by 2009 Wisconsin Act
1628
, section 1074d, and 2009 Wisconsin Act .... (this act), is repealed and recreated to
17read:
AB479,16,2518 48.685 (4m) (ad) The department, a county department, or a child welfare
19agency may license a foster home under s. 48.62; the department may license a day
20care center under s. 48.65; the department in a county having a population of 500,000
21or more, a county department, or an agency contracted with under s. 48.651 (2) may
22certify a day care provider under s. 48.651; and a school board may contract with a
23person under s. 120.13 (14), conditioned on the receipt of the information specified
24in sub. (2) (am) and (ar) indicating that the person is not ineligible to be licensed,
25certified, or contracted with for a reason specified in par. (a) 1. to 5.
AB479, s. 22
1Section 22. 48.685 (4m) (b) 1. of the statutes is amended to read:
AB479,17,122 48.685 (4m) (b) 1. That the person has been convicted of a serious crime or, if
3the person is a caregiver or nonclient resident of a day care center that is licensed
4under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care
5provider that is certified under s. 48.651, that the person has been convicted of a
6serious crime or adjudicated delinquent on or after his or her 12th birthday for
7committing a serious crime; that the person is the subject of a pending criminal
8charge or delinquency petition alleging that the person has committed a serious
9crime on or after his or her 12th birthday; or that the person has had a temporary
10restraining order or injunction under s. 813.12, 813.122, 813.123, 813.125, 813.127,
11or 813.128 entered against him or her not more than 15 years before the date of the
12investigation under sub. (2) (b) 2
.
AB479, s. 23 13Section 23. 48.685 (5) (a) of the statutes, as affected by 2009 Wisconsin Act 28,
14is amended to read:
AB479,18,415 48.685 (5) (a) Subject to par. pars. (bm) and (br), the department may license
16to operate an entity, the department in a county having a population of 500,000 or
17more, a county department, or an agency contracted with under s. 48.651 (2) may
18certify under s. 48.651, a county department or a child welfare agency may license
19under s. 48.62, and a school board may contract with under s. 120.13 (14) a person
20who otherwise may not be licensed, certified, or contracted with for a reason specified
21in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside
22at the entity a person who otherwise may not be employed, contracted with, or
23permitted to reside at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the
24person demonstrates to the department, the county department, the contracted
25agency, the child welfare agency, or the school board or, in the case of an entity that

1is located within the boundaries of a reservation, to the person or body designated
2by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance
3with procedures established by the department by rule or by the tribe that he or she
4has been rehabilitated.
AB479, s. 24 5Section 24. 48.685 (5) (br) of the statutes is created to read:
AB479,18,146 48.685 (5) (br) For purposes of licensing a person to operate a day care center
7under s. 48.65, certifying a day care provider under s. 48.651, or contracting with a
8person under s. 120.13 (14) to operate a day care center or of permitting a person to
9be a nonclient resident or caregiver specified in sub. (1) (ag) 1. a. of a day care center
10or day care provider, no person who has been convicted or adjudicated delinquent on
11or after his or her 12th birthday for committing any of the following offenses or who
12is the subject of a pending charge or delinquency petition alleging that the person has
13committed any of the following offenses on or after his or her 12th birthday may be
14permitted to demonstrate that he or she has been rehabilitated:
AB479,18,1615 1. An offense under ch. 948 that is a felony, other than a violation of s. 948.22
16(2) or 948.51 (2).
AB479,18,1817 2. A violation of s. 940.19 (3), 1999 stats., or of s. 940.19 (2), (4), (5), or (6) or
18940.20 (1) or (1m), if the victim is the spouse of the person.
AB479,18,2119 3. A violation of s. 943.23 (1m) or (1r), 1999 stats., or of s. 940.01, 940.02, 940.03,
20940.05, 940.06, 940.21, 940.225 (1), (2), or (3), 940.23, 940.305, 940.31, 941.20 (2) or
21(3), 941.21, 943.10 (2), 943.23 (1g), or 943.32 (2).
AB479,18,2322 4. A misdemeanor involving sexual abuse, child abuse, or domestic abuse, if the
23person has ever been convicted or adjudicated delinquent for committing any felony.
AB479,19,524 5. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1), 125.085 (3) (a) 2.,
25125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.12, 940.19 (2), (4), (5), or (6),

1940.20, 940.203, 940.205, 940.207, 940.22 (2) or (3), 940.25, 940.285 (2), 940.295,
2942.09 (2), or 948.22 (2), a violation of s. 948.51 (2) that is a felony under s. 948.51
3(3) (b) or (c), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65
4(2) (am) 5., 6., or 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony,
5if the person has ever been convicted or adjudicated delinquent for any other crime.
AB479,19,106 6. A violation listed in subd. 5., if the person has never been convicted or
7adjudicated delinquent for committing any other crime and the person completed his
8or her sentence, including any probation, parole, or extended supervision, or was
9discharged by the department of corrections, less than 10 years before the date of the
10investigation under sub. (2) (am) or (b) 1.
AB479,19,1711 7. A misdemeanor involving sexual abuse, child abuse, or domestic abuse, if the
12person has never been convicted or adjudicated delinquent for committing a felony,
13but has ever been convicted or adjudicated delinquent for committing any other
14misdemeanor, and the person completed his or her sentence, including any
15probation, parole, or extended supervision, or was discharged by the department of
16corrections, less than 10 years before the date of the investigation under sub. (2) (am)
17or (b) 1.
AB479,19,2218 8. A misdemeanor involving sexual abuse, child abuse, or domestic abuse, if the
19person has never been convicted or adjudicated delinquent for committing any other
20misdemeanor and the person completed his or her sentence, including any probation,
21parole, or extended supervision, or was discharged by the department of corrections,
22less than 5 years before the date of the investigation under sub. (2) (am) or (b) 1.
AB479, s. 25 23Section 25. 48.685 (5c) (a) of the statutes is amended to read:
AB479,20,424 48.685 (5c) (a) Any person who is permitted but fails under sub. (5) (a) to
25demonstrate to the department, an agency contracted with under s. 48.651 (2), or a

1child welfare agency that he or she has been rehabilitated may appeal to the
2secretary or his or her designee. Any person who is adversely affected by a decision
3of the secretary or his or her designee under this paragraph has a right to a contested
4case hearing under ch. 227.
AB479, s. 26 5Section 26. 48.685 (6) (am) of the statutes is amended to read:
AB479,20,136 48.685 (6) (am) Every Except as provided in this paragraph, every 4 years an
7entity shall require all of its caregivers and nonclient residents to complete a
8background information form that is provided to the entity by the department. Every
990 days a day care center that is licensed under s. 48.65 or established or contracted
10with under s. 120.13 (14) or a day care provider that is certified under s. 48.651 shall
11require all of its caregivers and nonclient residents to complete a background
12information form that is provided to the day care center or day care provider by the
13department.
AB479, s. 27 14Section 27. 48.685 (6) (b) 2. of the statutes is amended to read:
AB479,20,2015 48.685 (6) (b) 2. For caregivers who are licensed or certified by a county
16department or an agency contracted with under s. 48.651 (2), for persons who are
17nonclient residents of an entity that is licensed or certified by a county department
18or an agency contracted with under s. 48.651 (2), and for other persons specified by
19the department by rule, the entity shall send the background information form to the
20county department or contracted agency.
AB479, s. 28 21Section 28. 48.685 (8) of the statutes is amended to read:
AB479,21,422 48.685 (8) The department, the department of health services, a county
23department, an agency contracted with under s. 48.651 (2), a child welfare agency,
24or a school board may charge a fee for obtaining the information required under sub.
25(2) (am), (ar), or (3) (a) or (am) or for providing information to an entity to enable the

1entity to comply with sub. (2) (b) 1. or (3) (b). The fee may not exceed the reasonable
2cost of obtaining the information. No fee may be charged to a nurse aide, as defined
3in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be
4inconsistent with federal law.
AB479, s. 29 5Section 29. 48.715 (4g) of the statutes is created to read:
AB479,21,136 48.715 (4g) (a) If a person who has been issued a license under s. 48.66 (1) (a)
7or a probationary license under s. 48.69 to operate a day care center is convicted of
8a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s.
948.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day
10care center is convicted or adjudicated delinquent for committing a serious crime on
11or after his or her 12th birthday, the department shall revoke the license of the day
12care center immediately upon providing written notice of revocation and the grounds
13for revocation and an explanation of the process for appealing the revocation.
AB479,21,2414 (b) If a person who has been issued a license under s. 48.66 (1) (a) or a
15probationary license under s. 48.69 to operate a day care center is the subject of a
16pending criminal charge alleging that the person has committed a serious crime, as
17defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or
18a nonclient resident, as defined in s. 48.685 (1) (bm), of the day care center is the
19subject of a pending criminal charge or delinquency petition alleging that the person
20has committed a serious crime on or after his or her 12th birthday, the department
21shall immediately suspend the license of the day care center until the department
22obtains information regarding the final disposition of the charge or delinquency
23petition indicating that the person is not ineligible to be licensed to operate a day care
24center.
AB479,22,9
1(c) If a person who has been issued a license under s. 48.66 (1) (a) or a
2probationary license under s. 48.69 to operate a day care center or a caregiver
3specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1)
4(bm), of the day care center has entered against him or her a temporary restraining
5order or injunction under s. 813.12, 813.122, 813.123, 813.125, 813.127, or 813.128,
6the department shall investigate the circumstances giving rise to the temporary
7restraining order or injunction and may suspend or revoke the license of the day care
8center, depending on the gravity of those circumstances, as determined by the
9department.
AB479, s. 30 10Section 30. 49.133 (intro.) of the statutes is renumbered 49.133 (1m) (b) and
11amended to read:
AB479,22,2112 49.133 (1m) (b) The If a child care provider is convicted of a serious crime, as
13defined in s. 48.685 (1) (c) 3m., or a crime involving financial dishonesty, or if a
14caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s.
1548.685 (1) (bm), of the child care provider is convicted or adjudicated delinquent for
16committing a serious crime on or after his or her 12th birthday, the
department or
17a county department under s. 46.215, 46.22, or 46.23 may shall refuse to pay a the
18child care provider for any child care provided under s. 49.132, 1995 stats., or any
19other program if any of the following applies to the child care provider, employee or
20person living on the premises where child care is provided:
beginning on the date of
21the conviction or delinquency adjudication.
AB479, s. 31 22Section 31. 49.133 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
23is renumbered 49.133 (2m) (a) and amended to read:
AB479,23,524 49.133 (2m) (a) The person has been convicted of a felony or misdemeanor that
25or adjudicated delinquent on or after his or her 12th birthday for an offense that is

1not a serious crime, as defined in s. 48.685 (1) (c) 3m., but
the department or, county
2department under s. 46.215, 46.22, or 46.23, agency contracted with under s. 48.651
3(2), or school board
determines under s. 48.685 (5m) that the offense substantially
4relates to the care of children or the department or county department determines
5that the offense substantially relates
to the operation of a business.
AB479, s. 32 6Section 32. 49.133 (1m) (a) of the statutes is created to read:
AB479,23,87 49.133 (1m) (a) In this subsection, "crime involving financial dishonesty"
8means an offense under subch. III or IV of ch. 943.
AB479, s. 33 9Section 33. 49.133 (1m) (c) of the statutes is created to read:
AB479,23,2010 49.133 (1m) (c) If a child care provider is the subject of a pending criminal
11charge alleging that the person has committed a serious crime, as defined in s. 48.685
12(1) (c) 3m., or a crime involving financial dishonesty or if a caregiver specified in s.
1348.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child
14care provider is the subject of a pending criminal charge or delinquency petition
15alleging that the person has committed a serious crime on or after his or her 12th
16birthday, the department or county department under s. 46.215, 46.22, or 46.23 shall
17immediately suspend payment to the child care provider for any child care provided
18under s. 49.132, 1995 stats., or any other program until the department obtains
19information regarding the final disposition of the charge or delinquency petition
20indicating that the person is not ineligible to receive such a payment.
AB479, s. 34 21Section 34. 49.133 (1m) (d) of the statutes is created to read:
AB479,24,522 49.133 (1m) (d) If a child care provider or a caregiver specified in s. 48.685 (1)
23(ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care
24provider has entered against him or her a temporary restraining order or injunction
25under s. 813.12, 813.122, 813.123, 813.125, 813.127, or 813.128, the department or

1county department under s. 46.215, 46.22, or 46.23 shall investigate the
2circumstances giving rise to the temporary restraining order or injunction and may
3suspend or discontinue payments to the child care provider for any child care
4provided under s. 49.132, 1995 stats., or any other program, depending on the gravity
5of those circumstances, as determined by the department or county department.
AB479, s. 35 6Section 35. 49.133 (2) of the statutes is renumbered 49.133 (2m) (b) and
7amended to read:
AB479,24,128 49.133 (2m) (b) The person is a caregiver specified in s. 48.685 (1) (ag) 1. a. or
9a nonclient resident, as defined in s. 48.685 (1) (bm), and
is the subject of a pending
10criminal charge that the department or, county department under s. 46.215, 46.22,
11or 46.23, agency contracted with under s. 48.651 (2), or school board determines
12substantially relates to the care of children.
AB479, s. 36 13Section 36. 49.133 (2m) (intro.) of the statutes is created to read:
AB479,24,1814 49.133 (2m) (intro.) The department or a county department under s. 46.215,
1546.22, or 46.23 may refuse to pay a child care provider for child care provided under
16s. 49.132, 1995 stats., or any other program if any of the following applies to the child
17care provider or to a caregiver specified in s. 48.685 (1) (ag) 1. a. or nonclient resident,
18as defined in s. 48.685 (1) (bm), of the child care provider:
AB479, s. 37 19Section 37. 49.133 (3) of the statutes is renumbered 49.133 (2m) (c).
AB479, s. 38 20Section 38. 49.133 (4) of the statutes, as created by 2009 Wisconsin Act 28, is
21renumbered 49.133 (2m) (c).
AB479, s. 39 22Section 39. 49.155 (7) of the statutes, as affected by 2009 Wisconsin Act 28,
23is repealed and recreated to read:
AB479,25,3
149.155 (7) Refusal to pay child care providers. (a) 1. In this paragraph,
2"crime involving financial dishonestly" means an offense under subch. III or IV of ch.
3943.
AB479,25,114 2. If a child care provider is convicted of a serious crime, as defined in s. 48.685
5(1) (c) 3m., or a crime involving financial dishonesty, or if a caregiver specified in s.
648.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child
7care provider is convicted or adjudicated delinquent for committing a serious crime
8on or after his or her 12th birthday, the department or the county department under
9s. 46.215, 46.22, or 46.23 shall refuse to pay the child care provider for any child care
10provided under this section beginning on the date of the conviction or delinquency
11adjudication.
AB479,25,2212 3. If a child care provider is the subject of a pending criminal charge alleging
13that the person has committed a serious crime, as defined in s. 48.685 (1) (c) 3m., or
14a crime involving financial dishonesty or if a caregiver specified in s. 48.685 (1) (ag)
151. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider
16is the subject of a pending criminal charge or delinquency petition alleging that the
17person has committed a serious crime on or after his or her 12th birthday, the
18department or the county department under s. 46.215, 46.22, or 46.23 shall
19immediately suspend payment to the child care provider for any child care provided
20under this section until the department obtains information regarding the final
21disposition of the charge or delinquency petition indicating that the person is not
22ineligible to receive such a payment.
AB479,26,623 4. If a child care provider or a caregiver specified in s. 48.685 (1) (ag) 1. a. or
24a nonclient resident, as defined in s. 48.685 (1) (bm), of the child care provider has
25entered against him or her a temporary restraining order or injunction under s.

1813.12, 813.122, 813.123, 813.125, 813.127, or 813.128, the department or county
2department under s. 46.215, 46.22, or 46.23 shall investigate the circumstances
3giving rise to the temporary restraining order or injunction and may suspend or
4discontinue payments to the child care provider for any child care provided under
5this section, depending on the gravity of those circumstances, as determined by the
6department or county department.
AB479,26,117 (b) The department or the county department under s. 46.215, 46.22, or 46.23
8may refuse to pay a child care provider for child care provided under this section if
9any of the following applies to the child care provider or to a caregiver specified in
10s. 48.685 (1) (ag) 1. a. or nonclient resident, as defined in s. 48.685 (1) (bm), of the child
11care provider:
AB479,26,1812 1. The person has been convicted of or adjudicated delinquent on or after his
13or her 12th birthday for committing an offense that is not a serious crime, as defined
14in s. 48.685 (1) (c) 3m., but the department, county department, agency contracted
15with under s. 48.651 (2), or school board determines under s. 48.685 (5m) that the
16offense substantially relates to the care of children or the department or county
17department determines that the offense substantially relates to the operation of a
18business.
AB479,26,2219 2. The person is a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient
20resident, as defined in s. 48.685 (1) (bm), and is the subject of a pending criminal
21charge that the department, county department, agency contracted with under s.
2248.651 (2), or school board determines substantially relates to the care of children.
AB479,26,2423 3. The person has been determined under s. 48.981 to have abused or neglected
24a child.
AB479,27,3
14. The department or county department reasonably suspects that the person
2has violated any provision under the program under this section or any rule
3promulgated under this section.
AB479, s. 40 4Section 40. 49.197 (6) of the statutes is created to read:
AB479,27,145 49.197 (6) Reporting to law enforcement authorities. (a) If any employee
6of the department, a county, or a tribal governing body reasonably suspects
7fraudulent activity as described in sub. (1m) or (2) (b), the employee shall
8immediately report the facts and circumstances contributing to that suspicion to the
9district attorney. The district attorney shall keep the identity of the reporter
10confidential until the district attorney determines that the report merits further
11investigation. If the district attorney conducts a full investigation, the district
12attorney shall keep the identity of the reporter confidential if it is reasonably possible
13to do so. Any person who fails to report as required in this paragraph may be fined
14not more than $1,000 or imprisoned not more than 6 months or both.
AB479,27,2015 (b) Any person participating in good faith in the making of a report under par.
16(a) or in initiating, participating in, or testifying in, any action or proceeding in which
17fraudulent activity as described in sub. (1m) or (2) (b) is alleged shall have immunity
18from any liability, civil or criminal, that results by reason of the action. For the
19purpose of any proceeding, civil or criminal, the good faith of any person reporting
20under par. (a) shall be presumed.
AB479,28,421 (c) The department, a county, a tribal governing body, or an employee of the
22department, a county, or a tribal governing body may not take disciplinary action
23against, or threaten to take disciplinary action against, any person because the
24person in good faith reported any information under par. (a) or initiated, participated
25in, or testified in, any action or proceeding in which fraudulent activity described in

1sub. (1m) or (2) (b) was alleged or because the department, county, tribal governing
2body, or employee believes that the person in good faith reported any information
3under par. (a) or initiated, participated in, or testified in, such an action or
4proceeding.
AB479,28,115 (d) Any employee of the department, a county, or a tribal governing body who
6is subjected to disciplinary action, or who is threatened with disciplinary action, in
7violation of par. (c) may file a complaint with the department of workforce
8development under s. 106.54 (9). If that department finds that a violation of par. (c)
9has been committed, that department may take such action under s. 111.39 as will
10effectuate the purpose of this section. Section 111.322 (2m) applies to a disciplinary
11action arising in connection with any proceeding under this paragraph.
AB479, s. 41 12Section 41. 49.845 (4) of the statutes is renumbered 49.845 (4) (a) and
13amended to read:
AB479,29,314 49.845 (4) (a) Notwithstanding s. 49.197 (1m) and (3), the department of
15children and families may contract with the department of health services to
16investigate suspected fraudulent activity on the part of recipients of aid to families
17with dependent children under s. 49.19 and participants in Wisconsin Works under
18ss. 49.141 to 49.161 and to conduct activities to reduce payment errors in Wisconsin
19Works under ss. 49.141 to 49.161, as provided in this section. If any employee of the
20department of health services reasonably suspects fraudulent activity as described
21in this paragraph, the employee shall immediately report the facts and
22circumstances contributing to that suspicion to the district attorney. The district
23attorney shall keep the identity of the reporter confidential until the district attorney
24determines that the report merits further investigation. If the district attorney
25conducts a full investigation, the district attorney shall keep the identity of the

1reporter confidential if it is reasonably possible to do so. Any person who fails to
2report as required in this paragraph may be fined not more than $1,000 or
3imprisoned not more than 6 months or both.
AB479, s. 42 4Section 42. 49.895 (4) (b), (c) and (d) of the statutes are created to read:
AB479,29,105 49.895 (4) (b) Any person participating in good faith in the making of a report
6under par. (a) or in initiating, participating in, or testifying in, any action or
7proceeding in which fraudulent activity as described in par. (a) is alleged shall have
8immunity from any liability, civil or criminal, that results by reason of the action.
9For the purpose of any proceeding, civil or criminal, the good faith of any person
10reporting under par. (a) shall be presumed.
AB479,29,1711 (c) 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 par. (a)
14or initiated, participated in, or testified in, any action or proceeding in which
15fraudulent activity as described in par. (a) was alleged or because that department
16or employee believes that the person in good faith reported any information under
17par. (a) or initiated, participated in, or testified in, such an action or proceeding.
AB479,29,2418 (d) Any employee of the department of health services who is subjected to
19disciplinary action, or who is threatened with disciplinary action, in violation of par.
20(c) may file a complaint with the department of workforce development under s.
21106.54 (9). If that department finds that a violation of par. (c) has been committed,
22that department may take such action under s. 111.39 as will effectuate the purpose
23of this section. Section 111.322 (2m) applies to a disciplinary action arising in
24connection with any proceeding under this paragraph.
AB479, s. 43 25Section 43. 106.54 (9) of the statutes is created to read:
AB479,30,3
1106.54 (9) The division shall receive complaints under s. 49.197 (6) (d) or 49.845
2(4) (d) and shall process the complaints in the same manner that employment
3discrimination complaints are processed under s. 111.39.
AB479, s. 44 4Section 44. 111.322 (2m) (bm) of the statutes is created to read:
AB479,30,75 111.322 (2m) (bm) The individual files a complaint or attempts to enforce a
6right under s. 49.197 (6) (d) or 49.845 (4) (d) or testifies or assists in any action or
7proceeding under s. 49.197 (6) (d) or 49.845 (4) (d).
AB479, s. 45 8Section 45. 120.13 (14) of the statutes is renumbered 120.13 (14) (a).
AB479, s. 46 9Section 46. 120.13 (14) (b) of the statutes is created to read:
AB479,30,1710 120.13 (14) (b) 1. If a person who has contracted under par. (a) to provide a day
11care program is convicted of a serious crime, as defined in s. 48.685 (1) (c) 3m., or if
12a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in
13s. 48.685 (1) (bm), of the day care program is convicted or adjudicated delinquent for
14committing a serious crime on or after his or her 12th birthday, the school board shall
15rescind the contract of the contractor immediately upon providing written notice of
16the rescission and the grounds for the rescission and an explanation of the process
17for appealing the rescission.
AB479,31,218 2. If a person who has contracted under par. (a) to provide a day care program
19is the subject of a pending criminal charge alleging that the person has committed
20a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s.
2148.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day
22care program is the subject of a pending criminal charge or delinquency petition
23alleging that the person has committed a serious crime on or after his or her 12th
24birthday, the school board shall immediately suspend the contract of the contractor
25until the school board obtains information regarding the final disposition of the

1charge or delinquency petition indicating that the person is not ineligible to provide
2a day care program under this subsection.
AB479,31,103 3. If a person who has contracted under par. (a) to provide a day care program
4or a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined
5in s. 48.685 (1) (bm), of the day care program has entered against him or her a
6temporary restraining order or injunction under s. 813.12, 813.122, 813.123,
7813.125, 813.127, or 813.128, the school board shall investigate the circumstances
8giving rise to the temporary restraining order or injunction and may suspend or
9rescind the contract of the contractor, depending on the gravity of those
10circumstances, as determined by the school board.
AB479, s. 47 11Section 47. Initial applicability.
AB479,31,1912 (1) Retroactive application. This act first applies to a decision to deny,
13suspend, revoke, rescind, or refuse to renew a license under section 48.65 of the
14statutes, a certification under section 48.651 of the statutes, or a contract under
15section 120.13 (14) of the statutes, or to refuse to pay a child care provider under
16section 49.133 or 49.155 (7) of the statutes, made on the effective date of this
17subsection, notwithstanding that the conviction, adjudication, charge, temporary
18restraining order, or injunction on which the decision is based was obtained, filed,
19or granted before the effective date of this subsection.
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