LRB-2533/1
GMM:jrd:km
1995 - 1996 LEGISLATURE
January 3, 1996 - Introduced by Senator Wineke, cosponsored by Representatives
Boyle, Notestein, Turner, Krusick and
Baldwin. Referred to Committee on
Health, Human Services and Aging.
SB474,1,5
1An Act to renumber 48.715 (3);
to amend 48.65 (1), 48.715 (4) (a), 48.715 (5),
248.76 and 48.77; and
to create 48.652, 48.715 (3) (b), 48.715 (3) (c) and 48.981
3(7) (a) 13m of the statutes;
relating to: the registration of unregulated day care
4providers, fraudulent misrepresentation that a person is licensed to operate a
5day care center and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, subject to certain exceptions, a person who for compensation
provides care and supervision for children under the age of 7 for less than 24 hours
a day (day care services) must be licensed by the department of health and social ser
vices (DHSS) to operate a day care center if the person provides day care services for
4 or more children. Also under current law, a person who contracts with a county
department of human services or social services (county department) to provide day
care services for any number of children must be certified by the county department
according to standards adopted by DHSS. Finally, under current law, a school board
may establish or contract for the provision of day care services. Currently, any person
who provides day care services and who is not required to be licensed or certified and
who is not established or contracted for by a school board is not subject to regulation
by DHSS or a county department (unregulated day care provider).
This bill permits a county board of supervisors (county board) to enact an ordi
nance requiring all unregulated day care providers in the county to register with the
county department or a private, nonprofit organization designated by the county
board (registration agency) before providing day care services. To register as an un
regulated day care provider, a person must provide certain information and docu
mentation to the registration agency including: 1) the names of all persons residing
at the premises in which the day care services will be provided and of all persons who
will be providing day care services for the unregulated day care provider and a state
ment that none of those persons is subject to a pending criminal charge, or has been
convicted of any offense, the circumstances of which substantially relate to the care
of children or to placing children at risk of abuse or neglect; 2) the address of the
premises at which the day care services will be provided; 3) the days and hours of
operation of the unregulated day care provider; 4) not less than 2 references addres
sing the unregulated day care provider's qualifications and suitability for providing
day care services; 5) a security deposit and registration fee; and 6) any other in
formation or materials that the county board may require. Before registering an un
regulated day care provider, a registration agency must determine whether any per
son residing at the premises in which the day care services will be provided or any
person who will be providing day care services for the unregulated day care provider
has been determined under the child abuse reporting law to have abused or neglected
a child.
Under the bill, a registration agency may revoke the registration of an unregu
lated day care provider under any of the following circumstances:
1. If on 2 or more occasions within the previous 5 years the unregulated day care
provider has provided day care services for 4 or more children without obtaining a
license from DHSS.
2. If the county department determines after an investigation under the child
abuse reporting law that a person residing at the premises in which the day care ser
vices are provided or a person who provides day care services for the unregulated day
care provider has abused or neglected a child and continues to reside in those prem
ises or continues to provide those day care services.
3. If a person residing at the premises in which the day care services are pro
vided or a person who provides day care services for the unregulated day care provid
er is subject to a pending criminal charge, or has been convicted of an offense, the
circumstances of which substantially relate to the care of children or to placing chil
dren at risk of abuse or neglect and that person continues to reside in those premises
or continues to provide those day care services.
Also under the bill, an unregulated day care provider who is not registered as
required under the bill may be fined not more than $500 or imprisoned for not more
than one year in the county jail, or both, and is subject to an injunction preventing
and restraining the unregulated day care provider from providing day care services
without being registered. The penalties and injunctions provided under the bill are
the same as those provided under current law for a person who for compensation pro
vides day care services for 4 or more children without obtaining a license from DHSS.
Finally, under the bill, no person may fraudulently misrepresent himself or her
self as being licensed to operate a day care center. Under the bill, any person who
provides care and supervision for less than 4 children, not including that person's
own children, while fraudulently misrepresenting himself or herself as being li
censed to operate a day care center is subject to a forfeiture of not less than $300 and
an order to provide written notice of that fraudulent misrepresentation to the parent,
guardian or legal custodian of each child receiving care and supervision from the un
licensed person. A person who provides care and supervision for 4 or more children,
not including that person's own children, while fraudulently misrepresenting him
self or herself as being licensed to operate a day care center is subject to a forfeiture
of not less than $500 plus the notification requirement. If on 2 or more occasions
within the previous 5 years a person fraudulently misrepresents himself or herself
as being licensed to operate a day care center, DHSS must refer that person to the
district attorney for criminal prosecution and the institution of an injunction pro
ceeding to restrain any continued unlicensed operation. DHSS may deny a day care
center license to any person who within the previous 5 years has fraudulently mis
represented himself or herself as being licensed to operate a day care center.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB474, s. 1
1Section
1. 48.65 (1) of the statutes is amended to read:
SB474,3,92
48.65
(1) No person may for compensation provide care and supervision for 4
3or more children under the age of 7 for less than 24 hours a day unless that person
4obtains a license to operate a day care center from the department
and no person may
5fraudulently misrepresent himself or herself as being licensed under this subsection.
6To obtain a license under this subsection to operate a day care center, a person must
7meet the minimum requirements for a license established by the department under
8s. 48.67 and pay the license fee under sub. (3). A license issued under this subsection
9is valid for 2 years after the date of issuance, unless sooner revoked or suspended.
SB474, s. 2
10Section
2. 48.652 of the statutes is created to read:
SB474,3,11
1148.652 Unregulated day care registration. (1) In this section:
SB474,3,1312
(a) "Day care provider" means a person who provides day care services for com
13pensation.
SB474,3,1514
(b) "Day care services" means care and supervision for children under the age
15of 7 for less than 24 hours a day.
SB474,4,216
(c) "Unregulated day care provider" means a day care provider other than a per
17son specified in s. 48.65 (2) or a person who holds a license under s. 48.65 or 48.69,
1who is certified under s. 48.651 or who is established or contracted for under s. 120.13
2(14).
SB474,4,6
3(2) (a) A county board may enact an ordinance requiring all unregulated day
4care providers in the county, including those located in any city or village in the
5county, to register under sub. (3) before providing day care services. An ordinance
6enacted under this paragraph shall be in strict conformity with this section.
SB474,4,97
(b) A county board may by resolution designate the county department or a pri
8vate, nonprofit organization that is located in the county as a registration agency to
9administer this section.
SB474,4,11
10(3) (a) An unregulated day care provider shall provide all of the following to
11the registration agency when registering as an unregulated day care provider:
SB474,4,1412
1. The names of all persons residing at the premises in which the unregulated
13day care provider will provide day care services and the names of all persons who will
14be providing day care services for the unregulated day care provider.
SB474,4,1615
2. The address of the premises in which the unregulated day care provider will
16provide day care services.
SB474,4,1817
3. The days and hours during which the unregulated day care provider will pro
18vide day care services.
SB474,4,2019
4. Not less than 2 signed, written references addressing the unregulated day
20care provider's qualifications and suitability for providing day care services.
SB474,5,221
5. Subject to ss. 111.321, 111.322 and 111.335, a signed, written statement by
22the unregulated day care provider that no person residing at the premises in which
23the unregulated day care provider will be providing day care services is subject to a
24pending criminal charge, or has been convicted of any felony, misdemeanor or other
1offense, the circumstances of which substantially relate to the care of children or to
2placing children at risk of abuse or neglect.
SB474,5,43
6. A security deposit of $15 and a registration fee in an amount to be determined
4by the county board by ordinance.
SB474,5,65
7. Any other information or documentation that the county board may require
6by ordinance.
SB474,5,117
(b) Before registering an unregulated day care provider, a registration agency
8shall determine whether any person residing at the premises in which the unregulat
9ed day care provider will be providing day care services or any person who will be
10providing day care services for the unregulated day care provider has been deter
11mined under s. 48.981 (3) (c) 4 to have abused or neglected a child.
SB474,5,1412
(c) A registration agency shall provide a receipt to each unregulated day care
13provider who pays a security deposit under par. (a) 6. and shall return any security
14deposit received when a registration is cancelled under sub. (4) (d).
SB474,5,17
15(4) (a) A registration agency may revoke the registration and retain the securi
16ty deposit under par. (a) 6. of an unregulated day care provider under any of the fol
17lowing circumstances:
SB474,5,2018
1. If on 2 or more occasions within the previous 5 years the unregulated day care
19provider has provided day care services for compensation for 4 or more children with
20out a license in violation of s. 48.65.
SB474,5,2521
2. If the county department determines under s. 48.981 (3) (c) 4. that a person
22residing at the premises in which the unregulated day care provider provides day
23care services or a person who provides day care services for the unregulated day care
24provider has abused or neglected a child and that person continues to reside in those
25premises or continues to provide those day care services.
SB474,6,7
13. If a person residing at the premises in which the unregulated day care pro
2vider provides day care services or a person who provides day care services for the
3unregulated day care provider is subject to a pending criminal charge, or has been
4convicted of any felony, misdemeanor or other offense, the circumstances of which
5substantially relate to the care of children or to placing children at risk of abuse or
6neglect and the person continues to reside in those premises or continues to provide
7those day care services.
SB474,6,168
(b) A registration agency that is a county department shall provide the district
9attorney with the list specified in sub. (5) and the district attorney shall notify the
10registration agency if any of the circumstances specified in par. (a) arise with respect
11to any unregulated day care provider whose name appears on that list. A registration
12agency that is a private, nonprofit organization shall provide the district attorney
13and county department with the list specified in sub. (5) and the district attorney and
14county department shall notify the registration agency if any of the circumstances
15specified in par. (a) arise with respect to any unregulated day care provider whose
16name appears on that list.
SB474,6,1917
(c) A registration agency may reregister an unregulated day care provider
18whose registration has been revoked if the reason specified in par. (a) for the revoca
19tion has been resolved.
SB474,6,2520
(d) An unregulated day care provider may cancel his or her registration under
21sub. (3) on ceasing to provide day care services; on becoming licensed under s. 48.65
22or 48.69, certified under s. 48.651 or established or contracted for under s. 120.13
23(14); or on becoming a person specified in s. 48.65 (2). On cancellation, the registra
24tion authority shall refund the security deposit received from the unregulated day
25care provider under sub. (3) (a) 6.
SB474,7,2
1(5) A registration agency shall maintain a list of all unregulated day care pro
2viders who are registered with the registration agency.
SB474,7,5
3(6) (a) Any unregulated day care provider who is not registered under sub. (3)
4may be fined not more than $500 or imprisoned for not more than one year in the
5county jail or both.
SB474,7,106
(b) In addition to the penalties provided in par. (a), the circuit courts shall have
7jurisdiction to prevent and restrain by injunction any unregulated day care provider
8who is not registered under sub. (3) from providing day care services without being
9registered. On the request of a registration agency, a district attorney shall institute
10an action under ch. 813 for an injunction under this paragraph.
SB474, s. 3
11Section
3. 48.715 (3) (a) (intro.) and 1. of the statutes are consolidated, renum
12bered 48.715 (3) (a) and amended to read:
SB474,7,1913
48.715
(3) (a) A daily forfeiture amount per violation of not less than $10 nor
14more than $50.
All of the following apply to a forfeiture under this paragraph:1. 15Within the limits specified in this paragraph, the department may, by rule, set daily
16forfeiture amounts and payment deadlines based on the size and type of facility or
17agency and the seriousness of the violation. As part of the order, the department may
18set daily forfeiture amounts that increase periodically within the statutory limits if
19there is continued failure to comply with an order issued under sub. (2).
SB474, s. 4
20Section
4. 48.715 (3) (a) 2. of the statutes is renumbered 48.715 (3r) (a) and
21amended to read:
SB474,7,2422
48.715
(3r) (a) The department may directly assess a forfeiture imposed under
23this paragraph sub. (3) (a) or (3m) (a) by specifying the amount of that forfeiture in
24the notice provided under this subsection.
SB474, s. 5
1Section
5. 48.715 (3) (a) 3. of the statutes is renumbered 48.715 (3r) (b) and
2amended to read:
SB474,8,103
48.715
(3r) (b) A person against whom the department has assessed a forfei
4ture shall pay that forfeiture to the department within 10 days after receipt of notice
5of the assessment or, if that person contests that assessment under s. 48.72, within
610 days after receipt of the final decision after exhaustion of administrative review
7or, if that person petitions for judicial review under ch. 227, within 10 days after re
8ceipt of the final decision after exhaustion of judicial review. The department shall
9remit all forfeitures paid under this
subdivision
paragraph to the state treasurer for
10deposit in the school fund.