77 Relating to: personal liability of officers, directors, and employees of child care providers.

Date of enactment: November 13, 2009
2009 Senate Bill 280 Date of publication*: November 25, 2009

* Section 991.11, Wisconsin Statutes 2007-08 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].

2009 WISCONSIN ACT 77

An Act to renumber 49.155 (7m); and to create 49.155 (7m) (b) of the statutes; relating to: personal liability of officers, directors, and employees of child care providers.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1 . 49.155 (7m) of the statutes, as created by 2009 Wisconsin Act 28 , is renumbered 49.155 (7m) (a).

Section 2 . 49.155 (7m) (b) of the statutes is created to read:

49.155 (7m) (b) The penalties under par. (a) may be imposed on any child care provider subject to this section. Any officer, director, or employee of a child care provider that is a corporation, and any member, manager, or employee of a child care provider that is a limited liability company, who holds at least 20 percent of the ownership interest of the corporation or limited liability company and who has control or supervision of or responsibility for operating the child care business, including reporting for and receipt of payments under this section, may be found personally liable for such amounts, including overpayments made under this section, if the business, corporation, or limited liability company is unable to pay such amounts to the department. Ownership interest of a corporation or limited liability company includes ownership or control, directly or indirectly, by legally enforceable means or otherwise, by the individual, by the individual's spouse or child, by the individual's parent if the individual is under age 18, or by a combination of 2 or more of them, and such ownership interest of a parent corporation or limited liability company of which the corporation or limited liability company unable to pay such amounts is a wholly owned subsidiary. The personal liability of the officers, directors, and employees of a corporation and of the members, managers, and employees of a limited liability company as provided in this paragraph is an independent obligation and survives dissolution, reorganization, bankruptcy, receivership, assignment for the benefit of creditors, judicially confirmed extension or composition, or any analogous situation of the corporation or limited liability company.

Section 3 . Initial applicability.

(1) This act first applies to penalties imposed on the effective date of this subsection.