SB474: Bill Text

SB474,5,11 (b) Before registering an unregulated day care provider, a registration agency shall determine whether any person residing at the premises in which the unregulat ed day care provider will be providing day care services or any person who will be providing day care services for the unregulated day care provider has been deter mined under s. 48.981 (3) (c) 4 to have abused or neglected a child.

SB474,5,14 (c) A registration agency shall provide a receipt to each unregulated day care provider who pays a security deposit under par. (a) 6. and shall return any security deposit received when a registration is cancelled under sub. (4) (d).

SB474,5,17 (4) (a) A registration agency may revoke the registration and retain the securi ty deposit under par. (a) 6. of an unregulated day care provider under any of the fol lowing circumstances:

SB474,5,20 1. If on 2 or more occasions within the previous 5 years the unregulated day care provider has provided day care services for compensation for 4 or more children with out a license in violation of s. 48.65.

SB474,5,25 2. If the county department determines under s. 48.981 (3) (c) 4. that a person residing at the premises in which the unregulated day care provider provides day care services or a person who provides day care services for the unregulated day care provider has abused or neglected a child and that person continues to reside in those premises or continues to provide those day care services.

SB474,6,7 3. If a person residing at the premises in which the unregulated day care pro vider provides day care services or a person who provides day care services for the unregulated day care provider is subject to a pending criminal charge, or has been convicted of any felony, misdemeanor or other offense, the circumstances of which substantially relate to the care of children or to placing children at risk of abuse or neglect and the person continues to reside in those premises or continues to provide those day care services.

SB474,6,16 (b) A registration agency that is a county department shall provide the district attorney with the list specified in sub. (5) and the district attorney shall notify the registration agency if any of the circumstances specified in par. (a) arise with respect to any unregulated day care provider whose name appears on that list. A registration agency that is a private, nonprofit organization shall provide the district attorney and county department with the list specified in sub. (5) and the district attorney and county department shall notify the registration agency if any of the circumstances specified in par. (a) arise with respect to any unregulated day care provider whose name appears on that list.

SB474,6,19 (c) A registration agency may reregister an unregulated day care provider whose registration has been revoked if the reason specified in par. (a) for the revoca tion has been resolved.

SB474,6,25 (d) An unregulated day care provider may cancel his or her registration under sub. (3) on ceasing to provide day care services; on becoming licensed under s. 48.65 or 48.69, certified under s. 48.651 or established or contracted for under s. 120.13 (14); or on becoming a person specified in s. 48.65 (2). On cancellation, the registra tion authority shall refund the security deposit received from the unregulated day care provider under sub. (3) (a) 6.

SB474,7,2 (5) A registration agency shall maintain a list of all unregulated day care pro viders who are registered with the registration agency.

SB474,7,5 (6) (a) Any unregulated day care provider who is not registered under sub. (3) may be fined not more than $500 or imprisoned for not more than one year in the county jail or both.

SB474,7,10 (b) In addition to the penalties provided in par. (a), the circuit courts shall have jurisdiction to prevent and restrain by injunction any unregulated day care provider who is not registered under sub. (3) from providing day care services without being registered. On the request of a registration agency, a district attorney shall institute an action under ch. 813 for an injunction under this paragraph.

SB474, s. 3 Section 3. 48.715 (3) (a) (intro.) and 1. of the statutes are consolidated, renum bered 48.715 (3) (a) and amended to read:

SB474,7,19 48.715 (3) (a) A daily forfeiture amount per violation of not less than $10 nor more than $50. All of the following apply to a forfeiture under this paragraph: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. As part of the order, 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).

SB474, s. 4 Section 4. 48.715 (3) (a) 2. of the statutes is renumbered 48.715 (3r) (a) and amended to read:

SB474,7,24 48.715 (3r) (a) The department may directly assess a forfeiture imposed under this paragraph sub. (3) (a) or (3m) (a) by specifying the amount of that forfeiture in the notice provided under this subsection.

SB474, s. 5 Section 5. 48.715 (3) (a) 3. of the statutes is renumbered 48.715 (3r) (b) and amended to read:

SB474,8,10 48.715 (3r) (b) A person against whom the department has assessed a forfei ture 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. 48.72, 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 re ceipt of the final decision after exhaustion of judicial review. The department shall remit all forfeitures paid under this subdivision paragraph to the state treasurer for deposit in the school fund.

SB474, s. 6 Section 6. 48.715 (3) (a) 4. of the statutes is renumbered 48.715 (3r) (c) and amended to read:

SB474,8,17 48.715 (3r) (c) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this paragraph sub. (3) (a) or (3m) (a) that has not been paid as provided in subd. 3 par. (b). The only contestable issue in an action under this subdivision paragraph is whether or not the forfeiture has been paid.

SB474, s. 7 Section 7. 48.715 (3m) of the statutes is created to read:

SB474,8,24 48.715 (3m) (a) If the department provides written notice of the grounds for a forfeiture and order under this subsection, an explanation of the amount of a forfei ture and the type of order that may be imposed under this subsection and an explana tion of the process for appealing a forfeiture and order imposed under this subsection, the department may impose the following forfeitures and orders against a person who fraudulently misrepresents himself or herself as being a licensee:

SB474,9,6 1. For a person who provides care and supervision for less than 4 children, other than the person's own children, while fraudulently misrepresenting himself or her self as being a licensee, a forfeiture of not less than $300 and an order that the person provide a written notice of that fraudulent misrepresentation to the parent, guard ian or legal custodian of each child who is receiving care and supervision from that person, with copies of those notices to the department.

SB474,9,12 2. For a person who provides care and supervision for 4 or more children, other than the person's own children, while fraudulently misrepresenting himself or her self as being a licensee, a forfeiture of not less than $500 and an order that the person provide a written notice of that fraudulent misrepresentation to the parent, guard ian or legal custodian of each child who is receiving care and supervision from that person, with copies of those notices to the department.

SB474,9,18 (b) The department shall refer any person who fails to comply with an order under par. (a) and any person who fraudulently misrepresents himself or herself as being a licensee on 2 or more occasions within the previous 5 years to the district at torney of the county in which the noncompliance or fraudulent misrepresentation took place for prosecution under s. 48.76 and the institution of an injunction proceed ing under s. 48.77.

SB474, s. 8 Section 8. 48.715 (5) of the statutes is amended to read:

SB474,9,24 48.715 (5) The department may deny a license under s. 48.66 (1) or a probation ary license under s. 48.69 to any person who has had a license under s. 48.66 (1) or a probationary license under s. 48.69 revoked within the previous 5 years or who has fraudulently misrepresented himself or herself as being a licensee within the pre vious 5 years.

SB474, s. 9 Section 9. 48.76 of the statutes is amended to read:

SB474,10,4 48.76 Penalties. In addition to the sanctions and penalties provided in s. 48.715, any person who violates s. 48.60, 48.62, 48.625, 48.63 or 48.65 or who fails to comply with an order under s. 48.715 (3m) (a) may be fined not more than $500 or imprisoned for not more than one year in county jail or both.

SB474, s. 10 Section 10. 48.77 of the statutes is amended to read:

SB474,10,11 48.77 Injunction against violations. In addition to the penalties provided in s. 48.76, the circuit courts shall have jurisdiction to prevent and restrain by injunc tion violations of s. 48.60, 48.62, 48.625, 48.63 or 48.65 and to compel by injunction compliance with an order under s. 48.715 (3m) (a). It shall be the duty of the district attorneys, upon request of the department, to institute action for such injunction un der ch. 813.

SB474, s. 11 Section 11. 48.981 (7) (a) 13m. of the statutes is created to read:

SB474,10,17 48.981 (7) (a) 13m. A registration agency designated under s. 48.652 (2) (b) for the purpose of conducting a background check under s. 48.652 (3) (b) before register ing an unregulated day care provider, as defined in s. 48.652 (1) (c), and for the pur pose of revoking the registration of an unregulated day care provider under s. 48.652 (4) (a) 2.

SB474, s. 12 Section 12. Initial applicability.

SB474,10,23 (1) Day care fraudulent misrepresentation. The treatment of sections 48.65 (1), 48.715 (3) (a) (intro.), 1., 2., 3. and 4. and (5), 48.76 and 48.77 of the statutes and the creation of section 48.715 (3m) (a) and (b) of the statutes first apply to persons who fraudulently misrepresent themselves as being licensed to operate a day care center on the effective date of this subsection.

SB474,10,24 (End)