Skip to content

Bills · 2009-2010 Regular Session

SB 499

Died at session end Official bill text Atom feed

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.

  1. Introduced, stopped here
  2. Passes Senate, not reached
  3. Passes Assembly, not reached
  4. Governor signs, not reached
  5. 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: Cowles (R) , Darling (R) , Hopper (R) , Lazich (R) , Olsen (R) , Plale (D)

28 cosponsors

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

  1. Jan 29, 2010 · Senate

    Introduced by Senators Darling, Lazich, Plale, Olsen, Cowles and Hopper;Cosponsored 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

  2. Jan 29, 2010 · Senate

    Read first time and referred to committee on Children and Families and Workforce Development

  3. Mar 8, 2010 · Senate

    Fiscal estimate received

  4. Apr 28, 2010 · Senate

    Failed to pass pursuant to Senate Joint Resolution 1