Bills · 2009-2010 Regular Session
prohibiting a person who has been convicted or adjudicated delinquent for committing certain serious crimes, who is the subject of a pending criminal charge or delinquency petition for committing a serious crime, or who has had entered against him or her a domestic abuse, child abuse, individual-at-risk abuse, or harassment temporary restraining order or injunction in the preceding 15 years from being licensed, certified, or contracted with to provide child care, from being employed or contracted as a caregiver of a child care provider, or from being permitted to reside at a premises where child care is provided; requiring suspected fraudulent activity on the part of a participant in the Wisconsin Works Program, including a person receiving a child care subsidy under that program, to be reported to the district attorney; making an appropriation; and providing a penalty.
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
Under current law, the Department of Children and Families (DCF) may not
license a person to operate a day care center; DCF in a county having a population
of 500,000 or more, a county department of human services or social services (county
department), or an agency contracted by DCF to certify day care providers for
purposes of reimbursement under the Wisconsin Works Program (contracted
agency) may not certify a day care provider for those purposes; and a school board
may not contract with a person to provide a day care program (collectively "child care
provider") if the person has been convicted or adjudicated delinquent on or after his
or her 12th birthday for committing a serious crime, as defined under current law,
unless the person shows that he or she has been rehabilitated.
Similarly, a child care provider may not employ or contract with a caregiver or
permit a nonclient resident to reside at a premises where child care is provided if the
caregiver or nonclient resident has been convicted or adjudicated delinquent on or
after his or her 12th birthday for committing a serious crime, as defined under
current law, unless the caregiver or nonclient resident shows that he or she has been
rehabilitated. Currently, "serious crime" is defined to include certain crimes against
life or bodily security and certain crimes against children that are felonies.
This bill prohibits any person who has been convicted or adjudicated delinquent
on or after his or her 12th birthday for committing any of the following serious crimes
or who is the subject of a pending criminal charge or delinquency petition alleging
that the person has committed any of the following serious crimes on or after his or
her 12th birthday from being licensed, certified, or contracted with to provide child
care, from being employed or contracted as a caregiver of a child care provider, or
from being permitted to be a nonclient resident of a premises where child care is
provided and prohibits such a person from showing that he or she has been
rehabilitated:
1. Any crime against children, other than failure to pay child support or hazing.
2. Felony battery, if the victim is the spouse of the person.
3. First-degree or second-degree intentional or reckless homicide, felony
murder, mayhem, felony sexual assault, reckless injury, taking hostages,
kidnapping, felony endangering safety by use of a dangerous weapon, disarming a
police officer, armed burglary, carjacking, or armed robbery.
4. A misdemeanor involving sexual abuse, child abuse, or domestic abuse, if the
person has ever been convicted or adjudicated delinquent for committing any felony.
5. Any drug or alcohol-related felony, felony battery, sexual exploitation by a
therapist, abuse of an adult-at-risk, abuse or neglect of a patient, video voyeurism,
felony failure to pay child support, or felony hazing, if the person has ever been
convicted or adjudicated delinquent for committing any other crime.
6. Any drug or alcohol-related felony, felony battery, sexual exploitation by a
therapist, abuse of an adult-at-risk, abuse or neglect of a patient, video voyeurism,
What it would cost
Fiscal estimates filed by state agencies, as official PDFs
Sponsors
Introduced by: A. Ott (R) , Ballweg (R) , Brooks (R) , Davis (R) , Gottlieb (R) , Gunderson (R) , Gundrum (R) , Honadel (R) , Huebsch (R) , J. Ott (R) , Kaufert (R) , Kerkman (R) , Kestell (R) , Kleefisch (R) , Knodl (R) , Kramer (R) , LeMahieu (R) , Lothian (R) , Meyer (R) , Montgomery (R) , Nass (R) , Newcomer (R) , Nygren (R) , Petersen (R) , Petrowski (R) , Spanbauer (R) , Stone (R) , Strachota (R) , Suder (R) , Tauchen (R) , Townsend (R) , Vos (R) , Vukmir (R) , Ziegelbauer (I) , Zipperer (R)
Full history
- Oct 6, 2009 · Assembly
Introduced by Representatives Gundrum, Honadel, Ziegelbauer, Suder, Kleefisch, Gottlieb, Vos, Kerkman, Zipperer, Davis, Knodl, Huebsch, Lothian, A. Ott, Nass, Petersen, LeMahieu, Vukmir, Spanbauer, Montgomery, Ballweg, Gunderson, Kestell, Kramer, Newcomer, Petrowski, Tauchen, Townsend, Strachota, Stone, Nygren, J. Ott, Brooks, Meyer and Kaufert;Cosponsored by Senators Darling, Lazich, Plale, Carpenter, Kanavas, Cowles, A. Lasee, Olsen, Hopper and Sullivan
- Oct 6, 2009 · Assembly
Read first time and referred to committee on Children and Families
- Oct 9, 2009 · Assembly
Representative Pridemore added as a coauthor
- Oct 21, 2009 · Assembly
Fiscal estimate received
- Nov 5, 2009 · Assembly
Fiscal estimate received
- Apr 13, 2010 · Assembly
Withdrawn from committee on Children and Families and referred to committee on Rules pursuant to Assembly Rule 42 (3)(c)
- Apr 28, 2010 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1