AB100: Bill Text

AB100,581,17 (2) The department shall prescribe an application form to be used by all applicants for licenses to operate a day care center. In prescribing that form, the department shall require an applicant for a license to operate a day care center who is an individual, other than an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under sub. (3) (a) 2., to provide his or her social security number, and an applicant for a license to operate a day care center who is not an individual to provide the applicant's federal employer identification number.

AB100,581,22 (3) (a) 1. Except as provided in subd. 2., when initially applying for or applying to continue a license issued under sub. (1) to operate a day care center, an applicant who is an individual shall provide the department with the applicant's social security number, and an applicant who is not an individual shall provide the department with the applicant's federal employer identification number.

AB100,582,2 2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The department shall prescribe the form of the statement. A license issued in reliance upon a false statement submitted under this subdivision is invalid.

AB100,582,9 (b) If an applicant who is an individual fails to provide the applicant's social security number to the department or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to the department, the department may not issue or continue a license under sub. (1) to operate a day care center to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (a) 2.

AB100,582,14 (c) The department of workforce development may not disclose any information obtained under par. (a) 1. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the request of the subunit of the department of workforce development that administers the child and spousal support program under s. 49.22 (2m).

AB100,582,16 (4) The department shall prescribe the form and content of records to be kept and information to be reported by persons licensed by it.

AB100,583,5 (5) A day care center license, other than a probationary license, is valid until revoked or suspended, but shall be reviewed every 2 years after the date of issuance as provided in this subsection. At least 30 days prior to the continuation date of the license, the licensee shall submit to the department an application for continuance of the license in the form and containing the information that the department requires. If the minimum requirements established under s. 49.986 for a license are met, the application is approved, the applicable fees specified in ss. 48.685 (8) and 49.98 (3) (a) are paid, and any forfeiture under s. 49.992 (3) (a) or penalty under s. 49.999 (1) that is due is paid, the department shall continue the license for an additional 2-year period, unless sooner suspended or revoked. If the application is not timely filed, the department shall issue a warning to the licensee. If the licensee fails to apply for continuance of the license within 30 days after receipt of the warning, the department may revoke the license as provided in s. 49.992 (4) and (4m) (b).

AB100, s. 1210 Section 1210. 49.986 of the statutes is created to read:

AB100,583,19 49.986 Rules governing day care centers. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, day care centers. These rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce and the department of public instruction before promulgating these rules. In establishing the minimum requirements for the issuance of licenses to day care centers that provide care and supervision for children under one year of age, the department shall include a requirement that all licensees who are individuals and all employees and volunteers of a licensee who provide care and supervision for children receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome.

AB100, s. 1211 Section 1211. 49.988 of the statutes is created to read:

AB100,584,9 49.988 Investigation of applicant; issuance of license; provisions of licensure. (1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license promulgated by the department by rule under s. 49.986 and meets the requirements specified in s. 48.685. In determining whether to issue or continue a license, the department may consider any action by the applicant, or by an employee of the applicant, that constitutes a substantial failure by the applicant or employee to protect and promote the health, safety, and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under s. 49.98 (3) (a), the department shall issue a license under s. 49.984 (1) or, if applicable, a probationary license under s. 49.99 or, if applicable, shall continue a license under s. 49.984 (5). The department shall provide the department of health and family services with information about each person who is denied a license for a reason specified in s. 48.685 (4m) (a) 1. to 5.

AB100,584,13 (2) Each license shall state the name of the person licensed, the premises included under the license, the maximum number of children who can be received and their ages and sex, and such additional information and special conditions as the department may prescribe.

AB100, s. 1212 Section 1212. 49.99 of the statutes is created to read:

AB100,585,2 49.99 Probationary licenses. Except as provided under s. 49.992 (6) and (7), if any day care center that has not been previously issued a license under s. 49.984 (1) applies for a license, meets the minimum requirements established under s. 49.986 for a license, and pays the applicable fee specified in s. 49.98 (3) (a), the department shall issue a probationary license to that day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 49.992. Before a probationary license expires, the department shall inspect the day care center holding the probationary license and, except as provided under s. 49.992 (6) and (7), if the day care center meets the minimum requirements established under s. 49.986 for a license, the department shall issue a license under s. 49.984 (1). A probationary license issued under this section may be renewed for one 6-month period.

AB100, s. 1213 Section 1213. 49.992 of the statutes is created to read:

AB100,585,6 49.992 Sanctions and penalties. (1) In this section, "licensee" means a person who holds a license under s. 49.984 (1) or a probationary license under s. 49.99 to operate a day care center.

AB100,585,10 (2) If the department provides written notice of the grounds for a sanction, an explanation of the types of sanctions that may be imposed under this subsection, and an explanation of the process for appealing a sanction imposed under this subsection, the department may order any of the following sanctions:

AB100,585,13 (a) That a person stop operating a day care center if the day care center is without a license in violation of s. 49.984 (1) or a probationary license in violation of s. 49.99.

AB100,585,18 (b) That a person who employs a person who has had a license under s. 49.984 (1) or a probationary license under s. 49.99 revoked within the previous 5 years terminate the employment of that person within 30 days after the date of the order. This paragraph includes employment of a person in any capacity, whether as an officer, director, agent, or employee.

AB100,585,20 (c) That a licensee stop violating any provision of licensure under s. 49.988 (2) or rules promulgated by the department under s. 49.986.

AB100,585,22 (d) That a licensee submit a plan of correction for violation of any provision of licensure under s. 49.988 (2) or rule promulgated by the department under s. 49.986.

AB100,585,25 (e) That a licensee implement and comply with a plan of correction provided by the department or previously submitted by the licensee and approved by the department.

AB100,586,3 (f) That a licensee close the intake of any new children until all violations of the provisions of licensure under s. 49.988 (2) and the rules promulgated by the department under s. 49.986 are corrected.

AB100,586,5 (g) That a licensee provide training for the licensee's staff members as specified by the department.

AB100,586,12 (3) If the department provides written notice of the grounds for a penalty, an explanation of the types of penalties that may be imposed under this subsection, and an explanation of the process for appealing a penalty imposed under this subsection, the department may impose any of the following penalties against a licensee or any other person who violates a provision of licensure under s. 49.988 (2) or rule promulgated by the department under s. 49.986 or who fails to comply with an order issued under sub. (2) by the time specified in the order:

AB100,586,14 (a) A daily forfeiture amount per violation of not less than $10 nor more than $1,000. All of the following apply to a forfeiture under this paragraph:

AB100,586,19 1. Within the limits specified in this paragraph, the department may, by rule, set daily forfeiture amounts and payment deadlines based on the size and type of facility or agency and the seriousness of the violation. The department may set daily forfeiture amounts that increase periodically within the statutory limits if there is continued failure to comply with an order issued under sub. (2).

AB100,586,22 2. The department may directly assess a forfeiture imposed under this paragraph by specifying the amount of that forfeiture in the notice provided under this subsection.

AB100,587,5 3. A person against whom the department has assessed a forfeiture shall pay that forfeiture to the department within 10 days after receipt of notice of the assessment or, if that person contests that assessment under s. 49.994, within 10 days after receipt of the final decision after exhaustion of administrative review or, if that person petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The department shall remit all forfeitures paid under this subdivision to the secretary of administration for deposit into the school fund.

AB100,587,9 4. The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this paragraph that has not been paid as provided in subd. 3. The only contestable issue in an action under this subdivision is whether or not the forfeiture has been paid.

AB100,587,10 (b) Suspension of the licensee's license for not more than 2 weeks.

AB100,587,11 (c) Refusal to continue a license or a probationary license.

AB100,587,12 (d) Revocation of a license or a probationary license as provided in sub. (4).

AB100,587,17 (4) If the department provides written notice of revocation and the grounds for revocation as provided in sub. (4m) and an explanation of the process for appealing a revocation under this subsection, the department may revoke a license issued under s. 49.984 (1) or a probationary license issued under s. 49.99 for any of the following reasons:

AB100,587,22 (a) The department has imposed a penalty on the licensee under sub. (3) and the licensee or a person under the supervision of the licensee either continues to violate or resumes violation of a rule promulgated under s. 49.986, a provision of licensure under s. 49.988 (2), or an order under this section forming any part of the basis for the penalty.

AB100,588,2 (b) The licensee or a person under the supervision of the licensee has committed a substantial violation, as determined by the department, of a rule promulgated under s. 49.986, a provision of licensure under s. 49.988 (2), or an order under this section.

AB100,588,6 (c) The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the day care center that directly threatens the health, safety, or welfare of any child under the care of the licensee.

AB100,588,12 (d) The licensee or a person under the supervision of the licensee has violated, as determined by the department, a rule promulgated under s. 49.986, a provision of licensure under s. 49.988 (2), or an order under this section that is the same as or similar to a rule promulgated under s. 49.986, a provision of licensure under s. 49.988 (2), or an order under this section that the licensee or a person under the supervision of the licensee has violated previously.

AB100,588,14 (e) The licensee has failed to apply for a continuance of the license within 30 days after receipt of the warning under s. 49.984 (5).

AB100,588,19 (4m) (a) For a revocation under sub. (4) (a) or (d), the department shall provide to the licensee written notice of the revocation and the grounds for revocation not less than 30 days before the date of the revocation. The revocation will take effect only if the violation on which the revocation is based remains substantially uncorrected at the end of the 30-day notice period.

AB100,588,22 (b) For revocations under sub. (4) (b), (c), or (e), the department may revoke the license or probationary license immediately upon written notice to the licensee of the revocation and the grounds for revocation.

AB100,588,25 (5) The department may deny a license under s. 49.984 (1) or a probationary license under s. 49.99 to any person who has had a license under s. 49.984 (1) or a probationary license under s. 49.99 revoked within the previous 5 years.

AB100,589,12 (6) The department shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 49.984 (1) or a probationary license under s. 49.99 to operate a day care center for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 49.994, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 49.994.

AB100,589,18 (7) The department of workforce development shall deny an application for the issuance or continuation of a license under s. 49.984 (1) or a probationary license under s. 49.99 to operate a day care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in s. 49.994.

AB100, s. 1214 Section 1214. 49.994 of the statutes is created to read:

AB100,590,6 49.994 Appeal procedure. Except as provided in s. 49.992 (6) and (7), any person aggrieved by the department's refusal or failure to issue, renew, or continue a license or by any action taken by the department under s. 49.992 has the right to an administrative hearing provided for contested cases in ch. 227. To receive an administrative hearing under ch. 227, the aggrieved person shall send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the department's refusal or failure to issue, renew, or continue a license or the department's action taken under s. 49.992. The department shall hold an administrative hearing under s. 227.44 within 30 days after receipt of the request for the administrative hearing unless the aggrieved person consents to an extension of that time period. Judicial review of the department's decision may be had as provided in ch. 227.

AB100, s. 1215 Section 1215. 49.996 of the statutes is created to read:

AB100,590,10 49.996 Inspection and investigation of licensees. (1) The department may visit and inspect each day care center licensed by the department, and for such purpose shall be given unrestricted access to the premises described in the license.

AB100,590,17 (2) Whenever the department is advised or has reason to believe that any person is violating s. 49.98, the department shall make an investigation to determine the facts. For the purposes of this investigation, the department shall have authority to inspect the premises where the violation is alleged to occur. If the department finds that the person is violating s. 49.98, the department may either issue a license if the person is qualified or may institute an action for the penalties and injunction specified under s. 49.999 (1).

AB100, s. 1216 Section 1216. 49.998 (title) of the statutes is created to read:

AB100,590,19 49.998 (title) Immunization and lead screening requirements.

AB100, s. 1217 Section 1217. 49.999 of the statutes is created to read:

AB100,590,23 49.999 Penalties and injunctions. (1) In addition to the sanctions and penalties provided in s. 49.992, any person who violates s. 49.98 may be fined not more than $500 or imprisoned for not more than one year in county jail or both.

AB100,591,2 (2) In addition to the penalties provided in sub. (1), the circuit courts shall have jurisdiction to prevent and restrain by injunction violations of s. 49.98. It shall be the duty of the district attorneys, upon request of the department, to institute action for such injunction under ch. 813.

AB100, s. 1218 Section 1218. 50.065 (2) (bg) of the statutes is amended to read:

AB100,591,12 50.065 (2) (bg) If an entity hires or contracts with a caregiver for whom, within the last 4 years, the information required under par. (b) 1. to 3. and 5. has already been obtained by another entity, the entity may obtain that information from that other entity, which, notwithstanding par. (br), shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under par. (b) 1. to 3. and 5. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. to 3. and 5.

AB100, s. 1219 Section 1219. 50.065 (2) (br) of the statutes is created to read:

AB100,591,21 50.065 (2) (br) 1. Except as provided in subd. 2, an entity that receives information regarding the arrest or conviction of a caregiver from the federal bureau of investigation in connection with a criminal history search under this section may use the information only to determine whether the caregiver's arrest or conviction record disqualifies him or her from serving as a caregiver. An entity is immune from civil liability to a caregiver for using arrest or conviction information provided by the federal bureau of investigation to make an employment determination regarding the caregiver.

AB100,591,24 2. Subdivision 1. does not apply to use by an entity of arrest or conviction information that the entity requests from the federal bureau of investigation after September 30, 2007.

AB100, s. 1220 Section 1220. 50.065 (8) of the statutes is amended to read:

AB100,592,6 50.065 (8) The department may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a) or for providing information to an entity to enable the entity to comply with sub. (2) (b) or (3) (b). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining the information if to do so would be inconsistent with federal law.

AB100, s. 1221 Section 1221. 50.135 (2) (c) of the statutes is amended to read:

AB100,592,10 50.135 (2) (c) The fees collected under par. (a) shall be credited to the appropriations appropriation account under s. 20.435 (4) (gm) and (6) (jm) as specified in those appropriations for licensing, review and certifying activities.

AB100, s. 1222 Section 1222. 50.14 (2) (intro.) of the statutes is amended to read:

AB100,592,23 50.14 (2) (intro.) For the privilege of doing business in this state, there is imposed on all licensed beds of a facility an assessment that per calendar month per licensed bed of an intermediate care facility for the mentally retarded may not exceed $435 $523 in fiscal year 2003-04 2005-06 and may not exceed $445 $587 in fiscal year 2004-05 2006-07 and an assessment that may not exceed $75 $125 per calendar month per licensed bed of a nursing home. The In each fiscal year, $13,800,000 of the assessment moneys collected shall be deposited in the general fund, except that in fiscal year 2003-04, amounts in excess of $14,300,000, in fiscal year 2004-05, amounts in excess of $13,800,000, and, beginning July 1, 2005, in each fiscal year, amounts in excess of 45% of the money received from the assessment and the remainder shall be deposited in the Medical Assistance trust fund. In determining the number of licensed beds, all of the following apply:

AB100, s. 1223 Section 1223. 50.14 (4) of the statutes is amended to read:

AB100,593,7 50.14 (4) Sections 77.59 (1) to (5), (6) (intro.), (a) and (c) and (7) to (10), 77.60 (1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the assessment under this section, except that the amount of any assessment amount greater than $13,800,000 collected under s. 77.59 (7) in excess of $14,300,000 in fiscal year 2003-04, in excess of $13,800,000 in fiscal year 2004-05, and, beginning July 1, 2005, in excess of 45% in each fiscal year in a fiscal year shall be deposited in the Medical Assistance trust fund.

AB100, s. 1224 Section 1224. 51.05 (3g) of the statutes is repealed.

AB100, s. 1225 Section 1225. 51.05 (3m) of the statutes is repealed.

AB100, s. 1226 Section 1226. 51.30 (4) (b) 27. of the statutes is created to read:

AB100,594,2 51.30 (4) (b) 27. For the purpose of entering information concerning the subject individual into the statewide automated child welfare information system established under s. 46.03 (7) (g). A county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, the department of health and family services, the department of corrections, or any other organization that has entered into an information sharing and access agreement with one of those county departments or departments and that has been approved for access to the statewide automated child welfare information system by the department of health and family services may have access to information concerning a client of that county department, department, or organization under this chapter or ch. 48 or 938 that is maintained in the statewide automated child welfare information system, if necessary to enable the county department, department, or organization to perform its duties under this chapter or ch. 48 or 938 or to coordinate the delivery of services under this chapter or ch. 48 or 938 to the client. Before entering any information about an individual into the statewide automated child welfare information system, the person entering the information shall notify the individual that the information entered may be disclosed as provided in this subdivision.

AB100, s. 1227 Section 1227. 51.423 (1) of the statutes is amended to read:

AB100,594,14 51.423 (1) The department shall fund, within the limits of the department's allocation for mental health services under s. 20.435 (3) (o) and (7) (b) and (o) and subject to this section, services for mental illness, developmental disability, alcoholism, and drug abuse to meet standards of service quality and accessibility. The department's primary responsibility is to guarantee that county departments established under either s. 51.42 or 51.437 receive a reasonably uniform minimum level of funding and its secondary responsibility is to fund programs which meet exceptional community needs or provide specialized or innovative services. Moneys appropriated under s. 20.435 (7) (b) and earmarked by the department for mental health services under s. 20.435 (7) (o) shall be allocated by the department to county departments under s. 51.42 or 51.437 in the manner set forth in this section.

AB100, s. 1228 Section 1228. 51.423 (2) of the statutes is amended to read:

AB100,595,8 51.423 (2) From the appropriations under s. 20.435 (3) (o) and (7) (b) and (o), the department shall distribute the funding for services provided or purchased by county departments under s. 46.23, 51.42, or 51.437 to such county departments as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2) and (9) (b). Each county's required match for the distributions under s. 46.40 (2) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (2) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the counties that meet the requirements specified in sub. (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB100, s. 1229 Section 1229. 51.437 (4rm) (c) 2. b. of the statutes is amended to read:

AB100,596,5 51.437 (4rm) (c) 2. b. Bill the county department of developmental disabilities services for services provided on or after December 31, 1997, at $48 per day, if an independent professional review established under 42 USC 1396a (a) (31) designates the person served as appropriate for community care, including persons who have been admitted for more than 180 consecutive days and for whom the cost of care in the community would be equal to or less than $184 per day the daily rate for services under s. 46.275. The department of health and family services shall use money it receives from the county department of developmental disabilities services to offset the state's share of medical assistance. Payment is due from the county department of developmental disabilities services within 60 days of the billing date, subject to provisions of the contract. If the department of health and family services does not receive any payment within 60 days, it shall deduct all or part of the amount due from any payment the department of health and family services is required to make to the county department of developmental disabilities services. The department of health and family services shall first use collections received under s. 46.10 as a result of care at a center for the developmentally disabled to reduce the costs paid by medical assistance, and shall remit the remainder to the county department of developmental disabilities services up to the portion billed. The department of health and family services shall use the appropriation under s. 20.435 (2) (gk) to remit collection credits and other appropriate refunds to county departments of developmental disabilities services.

AB100, s. 1230 Section 1230. 59.40 (2) (p) of the statutes is amended to read:

AB100,596,11 59.40 (2) (p) Cooperate with the department of workforce development with respect to the child and spousal support and establishment of paternity and medical liability support liability program under ss. 49.22 and 59.53 (5), and provide that department with any information from court records which it requires to administer that program.

AB100, s. 1231 Section 1231. 59.43 (1) (u) of the statutes is repealed and recreated to read:

AB100,596,15 59.43 (1) (u) Submit that portion of recording fees collected under sub. (2) (ag) 1. and (e) and not retained by the county to the department of administration under s. 59.72 (5).

AB100, s. 1232 Section 1232. 59.43 (1) (um) of the statutes is repealed.

AB100, s. 1233 Section 1233. 59.43 (2) (ag) 1. of the statutes is repealed and recreated to read:

AB100,596,21 59.43 (2) (ag) 1. Subject to s. 59.72 (5), for recording any instrument entitled to be recorded in the office of the register of deeds, $11 for the first page and $2 for each additional page, except that no fee may be collected for recording a change of address that is exempt from a filing fee under s. 185.83 (1) (b).

AB100, s. 1234 Section 1234. 59.43 (2) (e) of the statutes is repealed and recreated to read:

AB100,596,25 59.43 (2) (e) Subject to s. 59.72 (5), for filing any instrument which is entitled to be filed in the office of register of deeds and for which no other specific fee is specified, $11 for the first page and $2 for each additional page.

AB100, s. 1235 Section 1235. 59.54 (12) of the statutes is amended to read:

AB100,597,4 59.54 (12) County-tribal law enforcement programs. Pursuant to adoption of a resolution, a board may enter into an agreement and seek funding under s. 165.90 16.964 (7m).