Bills · 2009-2010 Regular Session
prohibiting a person who has been convicted or adjudicated delinquent for committing a drug-related felony or who is the subject of a pending criminal charge or delinquency petition for committing a drug-related felony from showing that he or she has been rehabilitated for purposes of being licensed, certified, or contracted with to provide child care, of being employed or contracted as a caregiver of a child care provider, or of being permitted to reside at a premises where child care is provided.
- 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, or an
agency contracted by DCF to certify day care providers for purposes of
reimbursement under the Wisconsin Works program 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 a background
investigation indicates that the person has been convicted or adjudicated delinquent
on or after his or her 12th birthday for committing a serious crime, including a
drug-related felony, or is the subject of a pending criminal charge or delinquency
petition alleging that the person has committed a serious crime, including a
drug-related felony, on or after his or her 12th birthday 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 a
background investigation indicates that the caregiver or nonclient resident has been
convicted or adjudicated delinquent on or after his or her 12th birthday for
committing a serious crime, including a drug-related felony, or is the subject of a
pending criminal charge or delinquency petition alleging that the person has
committed a serious crime, including a drug-related felony, on or after his or her 12th
birthday unless the caregiver or nonclient resident shows that he or she has been
rehabilitated.
Current law, however, prohibits any person who has been convicted or
adjudicated delinquent on or after his or her 12th birthday for committing a
drug-related felony from showing that he or she has been rehabilitated if the person
completed his or her sentence, including any probation, parole, or extended
supervision, or was discharged by the Department of Corrections (DOC), less than
five years before the date of the background investigation.
This bill prohibits a person from showing that he or she has been rehabilitated
if a background investigation indicates that the person has been convicted or
adjudicated delinquent on or after his or her 12th birthday for committing, or is the
subject of a pending criminal charge or delinquency petition alleging that the person
has committed on or after his or her 12th birthday, any of the following:
1. A drug-related felony, if the person has ever been convicted or adjudicated
delinquent for committing any other crime.
2. A drug-related felony, if the person has never been convicted or adjudicated
delinquent for committing any other crime and the person completed his or her
sentence, including any probation, parole, or extended supervision, or was
discharged by DOC, less than ten years before the date of the background
investigation.
What it would cost
Fiscal estimates filed by state agencies, as official PDFs
Sponsors
Introduced by: A. Ott (R) , Bies (R) , Brooks (R) , Davis (R) , Gottlieb (R) , Gunderson (R) , Gundrum (R) , Honadel (R) , Kerkman (R) , Kleefisch (R) , LeMahieu (R) , Lothian (R) , Meyer (R) , Montgomery (R) , Murtha (R) , Petersen (R) , Petrowski (R) , Pridemore (R) , Ripp (R) , Spanbauer (R) , Strachota (R) , Suder (R) , Townsend (R) , Van Roy (R) , Vos (R) , Vukmir (R) , Ziegelbauer (I) , Zipperer (R)
Full history
- Feb 1, 2010 · Assembly
Introduced by Representatives Gundrum, Honadel, Ziegelbauer, Davis, Kerkman, Pridemore, Strachota, Montgomery, Vos, LeMahieu, Townsend, Van Roy, Gunderson, Brooks, Suder, Kleefisch, Spanbauer, Murtha, Lothian, Bies, Petersen, Meyer, Vukmir, Ripp, Petrowski, A. Ott, Zipperer and Gottlieb;Cosponsored by Senators Darling, Lazich, Plale, Olsen, Cowles and Hopper
- Feb 1, 2010 · Assembly
Read first time and referred to committee on Children and Families
- Mar 1, 2010 · 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