49.998 (title) Immunization and lead screening requirements.
SECTION 105. 49.999 of the statutes is created to read:
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.
(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.
SECTION 106. 66.1017 (1) (a) of the statutes is amended to read:
66.1017 (1) (a) "Family day care home" means a dwelling licensed as a day care center by the department of health and family services under s. 48.65 workforce development under s. 49.98 where care is provided for not more than 8 children.
SECTION 107. 66.1017 (2) of the statutes is amended to read:
66.1017 (2) No municipality may prevent a family day care home from being located in a zoned district in which a single-family residence is a permitted use. No municipality may establish standards or requirements for family day care homes different from the licensing standards established under s. 48.65 49.98. This subsection does not prevent a municipality from applying to a family day care home the zoning regulations applicable to other dwellings in the zoning district in which it is located.
SECTION 108. 71.07 (2dd) (a) 1. of the statutes is amended to read:
71.07 (2dd) (a) 1. "Day care center benefits" means benefits provided at a day care facility that is licensed under s. 48.65 or 48.69 49.98 or 49.99 and that for compensation provides care for at least 6 children or benefits provided at a facility for persons who are physically or mentally incapable of caring for themselves.
SECTION 109. 71.28 (1dd) (a) 1. of the statutes is amended to read:
71.28 (1dd) (a) 1. "Day care center benefits" means benefits provided at a day care facility that is licensed under s. 48.65 or 48.69 49.98 or 49.99 and that for compensation provides care for at least 6 children or benefits provided at a facility for persons who are physically or mentally incapable of caring for themselves.
SECTION 110. 71.47 (1dd) (a) 1. of the statutes is amended to read:
71.47 (1dd) (a) 1. "Day care center benefits" means benefits provided at a day care facility that is licensed under s. 48.65 or 48.69 49.98 or 49.99 and that for compensation provides care for at least 6 children or benefits provided at a facility for persons who are physically incapable of caring for themselves.
SECTION 111. 73.0301 (1) (d) 2. of the statutes is amended to read:
73.0301 (1) (d) 2. A license issued by the department of health and family services under s. 48.66 (1) (a) to a child welfare agency, group home, or shelter care facility or day care center, as required by s. 48.60, 48.625, 48.65 or 938.22 (7).
SECTION 112. 73.0301 (1) (d) 2m. of the statutes is created to read:
73.0301 (1) (d) 2m. A license issued by the department of workforce development under s. 49.984 (1) day care center, as required by s. 49.98.
SECTION 113. 77.54 (20) (c) 4. of the statutes is amended to read:
77.54 (20) (c) 4. Taxable sales do not include meals, food, food products, or beverages sold by hospitals, sanatoriums, nursing homes, retirement homes, community-based residential facilities, as defined in s. 50.01 (1g), or day care centers registered licensed under ch. 48 49 and served at a hospital, sanatorium, nursing home, retirement home, community-based residential facility, or day care center. In this subdivision "retirement home" means a nonprofit residential facility where 3 or more unrelated adults or their spouses have their principal residence and where support services, including meals from a common kitchen, are available to residents. Taxable sales do not include meals, food, food products, or beverages sold to the elderly or handicapped by persons providing "mobile meals on wheels".
SECTION 114. 120.13 (14) of the statutes is amended to read:
120.13 (14) DAY CARE PROGRAMS. Establish and provide or contract for the provision of day care programs for children. The school board may receive federal or state funds for this purpose. The school board may charge a fee for all or part of the cost of the service for participation in a day care program established under this subsection. Costs associated with a day care program under this subsection may not be included in shared costs under s. 121.07 (6). Day care programs established under this subsection shall meet the standards for licensed day care centers established by the department of health and family services workforce development. If a school board proposes to contract for or renew a contract for the provision of a day care program under this subsection or if on July 1, 1996, a school board is a party to a contract for the provision of a day care program under this subsection, the school board shall refer the contractor or proposed contractor to the department of health and family services for the criminal history and child abuse record search required under s. 48.685. Each school board shall provide the department of health and family services with information about each person who is denied a contract for a reason specified in s. 48.685 (4m) (a) 1. to 5.
SECTION 115. 231.01 (3m) (a) of the statutes is amended to read:
231.01 (3m) (a) Holds a license under s. 48.65 49.98, is certified under s. 48.651 49.156, is provisionally licensed under s. 48.69 49.99, or is established or contracted for under s. 120.13 (14).
SECTION 116. 254.162 (1) (c) of the statutes is amended to read:
254.162 (1) (c) Day care providers certified under s. 48.651 49.156 and day care centers licensed under s. 48.65 49.98, provisionally licensed under s. 48.65 49.99, or established or contracted for under s. 120.13 (14).
SECTION 117. 254.168 (4) of the statutes is amended to read:
254.168 (4) A day care provider certified under s. 48.651 49.156.
SECTION 118. 254.168 (5) of the statutes is amended to read:
254.168 (5) A day care center licensed under s. 48.65 49.98, provisionally licensed under s. 48.65 49.99, or established or contracted for under s. 120.13 (14).
SECTION 119. 301.46 (4) (a) 2. of the statutes is amended to read:
301.46 (4) (a) 2. A day care provider that holds a license under s. 48.65 49.98, that is certified under s. 48.651 49.156, that holds a probationary license under s. 48.65 49.99, or that is established or contracted for under s. 120.13 (14).
SECTION 120. 562.06 (3) of the statutes is amended to read:
562.06 (3) DAY CARE. Nothing in this section prohibits a licensee from operating a day care area at a track if the day care area is licensed by the department of health and family services workforce development under s. 48.65 49.98.
SECTION 9121. Nonstatutory provisions; health and family services.
(1) TRANSFER OF DAY CARE CENTER LICENSING.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services primarily related to the licensing of day care centers, as determined by the secretary of administration, shall become the assets and liabilities of the department of workforce development.
(b) Employee transfers. All positions and all incumbent employees holding those positions in the department of health and family services primarily related to the licensing of day care centers, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of workforce development.
(c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of workforce development that they enjoyed in the department of health and family services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.
(d) Contracts. All contracts entered into by the department of health and family services in effect on the effective date of this paragraph that are primarily related to the licensing of day care centers, as determined by the secretary of administration, remain in effect and are transferred to the department of workforce development. The department of workforce development shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of workforce development to the extent allowed under the contract.
(e) Rules and orders. All rules promulgated by the department of health and family services that are in effect on the effective date of this paragraph and that are primarily related to the licensing of day care centers remain in effect until their specified expiration dates or until amended or repealed by the department of workforce development. All orders issued by the department of health and family services that are in effect on the effective date of this paragraph and that are primarily related to the licensing of day care centers remain in effect until their specified expiration dates or until modified or rescinded by the department of workforce development.
(f) Pending matters. Any matter pending with the department of health and family services on the effective date of this paragraph that is primarily related to the licensing of day care centers is transferred to the department of workforce development and all materials submitted to or actions taken by the department of health and family services with respect to the pending matter are considered as having been submitted to or taken by the department of workforce development.
SECTION 9221. Appropriation changes; health and family services.
(1) TRANSFER OF DAY CARE CENTER LICENSING. The unencumbered balance in the appropriation account under section 20.435 (3) (jm) of the statutes, as affected by this act, that is attributable to day care center licensing and fees received by the department of health and family services under section 48.65 (3) (a), 2003 stats., as determined by the secretary of administration, is transferred to the appropriation account under section 20.445 (3) (jm) of the statutes, as created by this act.
(End)
LRB-0413LRB-0413/1
MGG:wlj:pg
2005 - 2006 LEGISLATURE
DOA:......Statz, BB0136 - All-terrain vehicle trail appropriation
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Natural resources
Recreation
Current law appropriates funding for maintenance of all trails in state parks and in state forests located in the southern part of the state from the registration fees collected by DNR for registering all-terrain vehicles. This bill repeals this appropriation.
For further information see the state 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:
SECTION 1. 20.370 (1) (mr) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
(End)
LRB-0420LRB-0420/2
MJL:wlj:rs
2005 - 2006 LEGISLATURE
DOA:......Rogers, BB0146 - Strengthening SAGE
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
education
Primary and secondary education
Current law allows a school board to enter into a five-year renewable achievement guarantee (SAGE) contract with DPI to reduce class size and improve academic achievement in grades kindergarten to three in exchange for receiving $2,000 for each low-income pupil enrolled in grades eligible for SAGE funding in the school district. The most recent set of SAGE contracts expires at the end of the 2005-06 school year.
This bill authorizes another set of SAGE contracts, starting in the 2006-07 school year, and increases the $2,000 per pupil payment to $2,250 in the 2005-06 fiscal year and $2,500 in the 2006-07 fiscal year for these new contracts and for renewals of existing contracts.
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:
SECTION 1. 118.43 (2) (bw) of the statutes is created to read:
118.43 (2) (bw) In the 2006-07 school year, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one or more schools in the school district if all of the following apply:
1. The school board is not receiving a grant under the preschool to grade 5 program on behalf of any of the schools under s. 115.45.
2. The school board, if eligible to participate in the program under this section in the 1996-97 and 1998-99 school years, had participated in the program during either school year.
3. None of the schools is a beneficiary of a contract under this section.
SECTION 2. 118.43 (2) (e) 1. of the statutes is amended to read:
118.43 (2) (e) 1. If the school board of an eligible school district does not enter into an achievement guarantee contract with the department, a school board that has entered into such a contract, other than the school board of the school district operating under ch. 119, may apply to the department to enter into such a contract on behalf of one or more schools that meet the requirements under par. (b), (bg) or, (br), or (bw).
SECTION 3. 118.43 (2) (g) of the statutes is amended to read:
118.43 (2) (g) The department may renew an achievement guarantee contract under pars. (b), (bg), and (br), and (bw) for one or more terms of 5 school years. As a condition of receiving payments under a renewal of an achievement guarantee contract, a school board shall maintain the reduction of class size achieved during the last school year of the original achievement guarantee contract for the grades specified for the last school year of the contract.
SECTION 4. 118.43 (3) (intro.) of the statutes is amended to read:
118.43 (3) CONTRACT REQUIREMENTS. (intro.) Except as provided in pars. (am) and, (ar), and (aw), an achievement guarantee contract shall require the school board to do all of the following in each participating school:
SECTION 5. 118.43 (3) (aw) of the statutes is created to read:
118.43 (3) (aw) Class size; additional contracts. For contracts that begin in the 2006-07 school year, reduce each class size to 15 in the following manner:
1. In the 2006-07 school year, in at least grades kindergarten and one.
2. In the 2007-08 school year, in at least grades kindergarten to 2.
3. In the 2008-09 to 2009-10 school years, in at least grades kindergarten to 3.
SECTION 6. 118.43 (6) (b) 9. of the statutes is created to read:
118.43 (6) (b) 9. In the 2005-06 school year, $2,250 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by renewals of contracts under sub. (2) (g).
SECTION 7. 118.43 (6) (b) 10. of the statutes is created to read:
