SB37: Bill Text

SB37,12,3 48.715 (3) (intro.) 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. 48.70 (1) or rule promulgated by the department under s. 48.687 (3) or 48.67 or who fails to comply with an order issued under sub. (2) by the time specified in the order:

SB37, s. 16 Section 16. 48.715 (4) (a) of the statutes is amended to read:

SB37,12,9 48.715 (4) (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. 48.687 (3) or 48.67, a provision of licensure under s. 48.70 (1), or an order under this section forming any part of the basis for the penalty.

SB37, s. 17 Section 17. 48.715 (4) (b) of the statutes is amended to read:

SB37,12,14 48.715 (4) (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. 48.687 (3) or 48.67, a provision of licensure under s. 48.70 (1), or an order under this section.

SB37, s. 18 Section 18. 48.715 (4) (d) of the statutes is amended to read:

SB37,12,21 48.715 (4) (d) The licensee or a person under the supervision of the licensee has violated, as determined by the department, a rule promulgated under s. 48.687 (3) or 48.67, a provision of licensure under s. 48.70 (1), or an order under this section that is the same as or similar to a rule promulgated under s. 48.687 (3) or 48.67, a provision of licensure under s. 48.70 (1), or an order under this section that the licensee or a person under the supervision of the licensee has violated previously.

SB37, s. 19 Section 19. 100.375 of the statutes is created to read:

SB37,12,23 100.375 Children's products. (1) Definitions. In this section:

SB37,12,24 (a) "Baby crib" means a full-size baby crib or a nonfull-size baby crib.

SB37,13,7 (b) "Children's product" means a product that is designed principally for the care of, or use by, children under 12 years of age. "Children's products" include baby cribs; baby and toddler furniture; apparel; bath seats; baby walkers, baby jumpers, and similar devices; gates for containing children; car seats; strollers and other devices for transporting children; play equipment; and toys. "Children's products" do not include food, medicine, or any other products that are designed to be ingested, injected, or otherwise applied to the human body.

SB37,13,13 (c) "Commercial supplier" means a person who is in the business of selling, leasing, manufacturing, remanufacturing, retrofitting, or otherwise putting into commercial use a children's product. "Commercial supplier" includes a person who is in the business of selling or leasing used merchandise, if the merchandise regularly includes children's products, but does not include a person who sells or leases a children's product on an occasional basis.

SB37,13,17 (d) "Consumer" means an individual who purchases or otherwise acquires a children's product for personal or family use or a child care provider, as defined in s. 49.001 (1), that purchases or otherwise acquires a children's product for use in providing child care.

SB37,13,19 (e) "Full-size baby crib" means a full-size baby crib, as defined in 16 CFR Part 1508.

SB37,13,20 (f) "Infant" means any child less than 35 inches tall and less than 3 years of age.

SB37,13,22 (g) "Lease" means to lease or sublease, offer to lease or sublease, or contract to lease or sublease.

SB37,13,24 (h) "Nonfull-size baby crib" means a nonfull-size baby crib, as defined in 16 CFR Part 1509.

SB37,14,2 (i) "Sell" means to sell, to resell, or to offer to sell or resell, or to contract to sell or resell.

SB37,14,5 (2) Prohibition; general. (a) Except as provided in par. (b), no commercial supplier may sell, lease, remanufacture, retrofit, or otherwise put into commercial use a children's product to which any of the following applies:

SB37,14,7 1. The children's product fails to conform to any state or federal safety law or regulation.

SB37,14,10 2. The children's product has been recalled by the department, by an agency of the federal government, or by the children's product's manufacturer, distributor, or importer, and the recall has not been rescinded.

SB37,14,13 3. The department or an agency of the federal government has issued a warning that the intended use of the children's product constitutes a safety hazard and the warning has not been rescinded.

SB37,14,17 (b) Paragraph (a) does not apply to a children's product that was not included on the list maintained under par. (c) on the day immediately prior to the day on which the product was sold, leased, remanufactured, retrofitted, or otherwise put into commercial use.

SB37,14,20 (c) The department shall maintain and quarterly update a list of all children's products to which par. (a) applies. Notwithstanding s. 20.908, the department shall make the list available to the public at no charge on the Internet.

SB37,14,25 (d) If a children's product that has been sold by a commercial supplier is included in the list maintained under par. (c), the commercial supplier shall post in a conspicuous location at the commercial supplier's place of business a notice to customers indicating that the product is unsafe and providing instructions for customers who purchased the product.

SB37,15,6 (3) Retrofitting. (a) Notwithstanding sub. (2) (a), a commercial supplier may retrofit a children's product that has been recalled as described under sub. (2) (a) 2. or for which a warning described under sub. (2) (a) 3. has been issued if the retrofit is approved by the state agency or agency of the federal government that issued the recall or warning or by a state agency or agency of the federal government that is responsible for approving the retrofit.

SB37,15,10 (b) Notwithstanding sub. (2) (a), a commercial supplier may sell or lease to a consumer a children's product that has been retrofitted under par. (a) if the commercial supplier ensures that a notice accompanies the children's product at the time of sale or lease.

SB37,15,11 (c) The notice under par. (b) shall include all of the following:

SB37,15,12 1. The name and model of the children's product.

SB37,15,14 2. A declaration that the children's product is safe for use by a child who meets the conditions specified by the manufacturer of the children's product.

SB37,15,17 3. A description of the original problem that required that the children's product be recalled or that required a warning to be issued concerning the children's product.

SB37,15,19 4. A description of the retrofit that explains how the original problem has been eliminated.

SB37,15,20 5. The name and address of the person that accomplished the retrofit.

SB37,15,23 (4) Prohibition; baby cribs. No commercial supplier may sell, lease, remanufacture, retrofit, or otherwise put to commercial use a baby crib that violates any rule promulgated by the department under sub. (6) (b).

SB37,16,3 (5) Rebuttable presumption; baby cribs. A baby crib is rebuttably presumed to be unsafe for use by an infant if the baby crib does not comply with any rule promulgated by the department under sub. (6) (b) or if any of the following apply:

SB37,16,5 (a) The baby crib does not comply with 16 CFR Part 1508, if the baby crib is a full-size baby crib.

SB37,16,7 (b) The baby crib does not comply with 16 CFR Part 1509, if the baby crib is a nonfull-size baby crib.

SB37,16,8 (c) The baby crib does not comply with 16 CFR Part 1303.

SB37,16,10 (6) Rule making. (a) The department shall promulgate a rule to define "occasional basis" for purposes of this section.

SB37,16,14 (b) The department shall promulgate rules to ensure the safety of children's products. The rules promulgated by the department shall be consistent with nationally recognized industry standards for the design and manufacture of children's products and shall include all of the following:

SB37,16,15 1. Design requirements for corner posts of full-size and nonfull-size baby cribs.

SB37,16,17 2. Testing requirements for structural integrity and design requirements for nonfull-size cribs.

SB37,16,19 3. Performance requirements and test procedures to determine the structural integrity of baby cribs.

SB37,16,22 (7) Injunction. (a) In addition to any other right or remedy, any of the following may commence an action to enjoin a commercial supplier from violating sub. (2) or (4):

SB37,16,23 1. The department.

SB37,16,25 2. After consulting with the department, the department of justice or any district attorney.

SB37,17,1 3. Any other person.

SB37,17,3 (b) Notwithstanding s. 814.04 (1), the court may award a person who prevails in an action under this subsection reasonable attorney fees and costs.

SB37,17,5 (8) Forfeiture. A commercial supplier who violates sub. (2) or (4) shall forfeit not less than $100 nor more than $10,000 for each violation.

SB37, s. 20 Section 20. 938.22 (7) (a) of the statutes is amended to read:

SB37,17,14 938.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1) (a). To obtain a license under s. 48.66 (1) (a) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department of health and family services under s. 48.67, meet the requirements specified in s. ss. 48.685 and 48.687, and pay the license fee under par. (b). A license issued under s. 48.66 (1) (a) to operate a shelter care facility is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

SB37, s. 21 Section 21 . Nonstatutory provisions.

SB37,17,16 (1) Unsafe children's products and baby cribs; rules.

SB37,18,3 (a) Proposed rules. The department of agriculture, trade and consumer protection shall submit in proposed form the rules required under section 100.375 (6) of the statutes, as created by this act, and the department of health and family services and the department of workforce development shall submit in proposed form the rules required under section 48.687 (3) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection. Notwithstanding section 227.137 (2) of the statutes, the secretary of administration may not require the department of agriculture, trade and consumer protection, the department of health and family services, or the department of workforce development to prepare an economic impact report for the rules required under sections 100.375 (6) and 48.687 (3) of the statutes, as created by this act.

SB37,18,18 (b) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of agriculture, trade and consumer protection shall promulgate the rules required under section 100.375 (6) of the statutes, as created by this act, and the department of health and family services and the department of workforce development shall promulgate the rules required under section 48.687 (3) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this paragraph remain in effect until the first day of the 19th month after the effective date of this subsection or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of agriculture, trade and consumer protection, the department of health and family services, and the department of workforce development are not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and are not required to provide a finding of emergency for a rule promulgated under this paragraph.

SB37, s. 22 Section 22. Effective dates. This act takes effect on the first day of the 12th month beginning after publication, except as follows:

SB37,18,21 (1) Rules. Section 21 (1 ) of this act takes effect on the day after publication.

SB37,18,22 (End)