1995 Wisconsin Act 404

46.45 (6) The department may carry forward 10% of any funds not carried forward under subs. (1) and sub. (3) for emergencies, for justifiable unit services costs above planned levels and to provide compensation for increased costs due to population shifts.

404,70 Section 70 . 46.49 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.49 (1) Subject to ss. 46.40 (1) (b) and 46.48 (15) (b), if the department receives unanticipated federal community mental health services block grant funds under 42 USC 300x to 300x-9, federal prevention and treatment of substance abuse block grant funds under 42 USC 300x-21 to 300x-35, federal child care grant funds under 42 USC 603 (n), or foster care and adoption assistance payments under 42 USC 670 to 679a or child care and development block grant funds under 42 USC 9858 and it proposes to allocate the unanticipated funds so that an allocation limit in s. 46.40 is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limits under s. 46.40. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding s. 46.40, only with the approval of the committee.

404,71 Section 71 . 46.495 (1) (d) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

46.495 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department of health and family services shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. From the appropriations under s. 20.445 (3) (cp), (jg) and (md), the department of industry, labor and job development shall distribute funding for at-risk and low-income child care under s. 49.132 (2) (a). County matching funds are required for the distributions under s. ss. 46.40 (2), (4m) and (8) and 49.132 (2) (a). Each county's required match for a year equals 9.89% of the total of the county's distributions 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. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (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.

404,72 Section 72 . 46.495 (1) (d) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

46.495 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2) and (8). Each county's required match for a year equals 9.89% of the total of the county's distributions 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. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (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.

404,73 Section 73 . 46.495 (1) (dc) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.495 (1) (dc) The department of health and family services shall prorate the amount allocated by that department to any county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal funds available. The department of industry, labor and job development shall prorate the amount allocated by that department to any county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal funds available.

404,74 Section 74 . 46.495 (1) (dc) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

46.495 (1) (dc) The department shall prorate the amount allocated to any county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal funds available.

404,75 Section 75 . 46.495 (1) (f) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.495 (1) (f) 1. If any state matching funds allocated by the department of health and family services under par. (d) to match county funds are not claimed, the funds shall be redistributed for the purposes the that department designates. If any state matching funds allocated by the department of industry, labor and job development under par. (d) to match county funds are not claimed, the funds shall be redistributed for the purposes that department designates.

2. The county allocation to match aid increases shall be included in the contract contracts under s. ss. 46.031 (2g) and 49.325 (2g) and approved by January 1 of the year for which funds are allocated, in order to generate state aid matching funds. All funds allocated under par. (d) shall be included in the contract contracts under s. ss. 46.031 (2g) and 49.325 (2g) and approved.

404,76 Section 76 . 46.495 (1) (f) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

46.495 (1) (f) 1. If any state matching funds allocated under par. (d) to match county funds are not claimed, the funds shall be redistributed for the purposes the department designates.

2. The county allocation to match aid increases shall be included in the contract under s. 46.031 (2g) and approved by January 1 of the year for which funds are allocated, in order to generate state aid matching funds. All funds allocated under par. (d) shall be included in the contract under s. 46.031 (2g) and approved.

404,77 Section 77 . 46.979 (title) of the statutes is renumbered 49.131 (title).

404,78 Section 78 . 46.979 (1) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.131 (1).

404,79 Section 79 . 46.979 (2) (intro.) of the statutes is renumbered 49.131 (2) (intro.) and amended to read:

49.131 (2) (intro.) Subject to ss. sub. (4) and s. 16.54 (2) and 46.49 (1), the department shall, within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858, do all of the following:

404,80 Section 80 . 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 216, is amended to read:

46.979 (2) (a) From the appropriation under s. 20.435 (7) (o), as allocated in s. 46.40 (4m) 20.445 (3) (md), distribute $9,998,500 in fiscal year 1995-96 and $10,099,200 in fiscal year 1996-97 for child day care services under s. 46.98 (2m) and (3).

404,81 Section 81 . 46.979 (2) (b) 1. of the statutes, as affected by 1995 Wisconsin Act 27, section 2355, is renumbered 49.131 (2) (b) 1. and amended to read:

49.131 (2) (b) 1. From the appropriation under s. 20.435 (3) (kx) 20.445 (3) (mc), distribute $190,800 in fiscal year 1995-96 and $197,700 in fiscal year 1996-97 for the purposes of providing technical assistance for child care providers and of administering the child care programs funded under s. 20.435 (3) (ky) and (7) (b) and (o) 20.445 (3) (cp) and (md).

404,82 Section 82 . 46.979 (2) (b) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.131 (2) (b) 2. and amended to read:

49.131 (2) (b) 2. From the appropriation under s. 20.435 (6) 20.445 (3) (mc) distribute $948,300 in fiscal year 1995-96 and transfer $1,026,800 in fiscal year 1996-97 to the appropriation under s. 20.435 (6) (kx) for the purpose of day care center licensing under s. 48.65.

404,83 Section 83 . 46.979 (2) (c) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.131 (2) (c) (intro.) and amended to read:

49.131 (2) (c) (intro.) From the appropriation under s. 20.435 (3) (ky) 20.445 (3) (md), distribute as follows the federal child care and development block grant funds that are received under 42 USC 9858 and that are not distributed under par. (a) or (b):

404,84 Section 84 . 46.979 (2) (c) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.131 (2) (c) 1. and amended to read:

49.131 (2) (c) 1. For grants under s. 46.986 49.136 (2) for the start-up and expansion of child day care services, and for child day care start-up and expansion planning, $430,000 in fiscal year 1995-96 and $226,400 in fiscal year 1996-97.

404,85 Section 85 . 46.979 (2) (c) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.131 (2) (c) 2. and amended to read:

49.131 (2) (c) 2. For grants under s. 46.984 49.134 (2) for child day care resource and referral services, $960,000 in fiscal year 1995-96 and $960,000, in fiscal year 1996-97.

404,86 Section 86 . 46.979 (2) (c) 3. of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.131 (2) (c) 3. and amended to read:

49.131 (2) (c) 3. For grants under s. 46.987 49.137 (3) to assist child care providers in meeting the quality of care standards established under s. 46.98 49.132 (4) (e) and for a system of rates or a program of grants, as provided under s. 46.98 49.132 (4) (e), to reimburse child care providers that meet those quality of care standards, $1,559,200 in fiscal year 1995-96 and $1,576,700 in fiscal year 1996-97. If an amount distributed under this subdivision will not be fully expended, the department may transfer the unexpended funds to the distribution under subd. 4.

404,87 Section 87 . 46.979 (2) (c) 4. of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.131 (2) (c) 4. and amended to read:

49.131 (2) (c) 4. For grants under s. 46.987 49.137 (2) and contracts under s. 46.987 49.137 (4) to improve the quality of child day care services in this state, $450,000 in fiscal year 1995-96 and $450,000 in fiscal year 1996-97, plus any amounts that the department transfers to this distribution under subd. 3.

404,88 Section 88 . 46.979 (3) of the statutes is renumbered 49.131 (3).

404,89 Section 89 . 46.98 (title) and (1) (intro.), (ad), (ag) and (am) of the statutes are renumbered 49.132 (title) and (1) (intro.), (ad), (ag) and (am).

404,90 Section 90 . 46.98 (1) (at) of the statutes, as created by 1995 Wisconsin Act 289, is renumbered 49.132 (1) (at).

404,91 Section 91 . 46.98 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.132 (1) (b).

404,92 Section 92 . 46.98 (1) (bd) and (bf) of the statutes, as created by 1995 Wisconsin Act 289, are renumbered 49.132 (1) (bd) and (bf).

404,93 Section 93 . 46.98 (1) (bm) and (c) of the statutes are renumbered 49.132 (1) (bm) and (c).

404,94 Section 94 . 46.98 (1) (cm) of the statutes, as created by 1995 Wisconsin Act 289, is renumbered 49.132 (1) (cm).

404,95 Section 95 . 46.98 (1) (d) of the statutes is repealed.

404,96 Section 96 . 46.98 (2) (a) of the statutes, as affected by 1995 Wisconsin Acts 216 and 289, is amended to read:

46.98 (2) (a) The department shall distribute the funds allocated under s. 46.40 (1) and (4m) 49.13 for at-risk, and low-income and respite child care services under subs. (2m) and (4g) (3) to county departments under s. 46.215, 46.22 or 46.23. In addition, the department shall distribute the funds allocated under s. 46.40 (1) and (4m) for low-income and at-risk child care services under subs. (2m) and (3) and to private nonprofit child care providers who provide child care for the children of migrant workers and to county departments under s. 46.215, 46.22 or 46.23.

404,97 Section 97 . 46.98 (2) (b) of the statutes is renumbered 49.132 (2) (b).

404,98 Section 98 . 46.98 (2) (c) of the statutes is renumbered 49.132 (2) (c) and amended to read:

49.132 (2) (c) A county may use up to 5% of the funds distributed under par. (a) to its county department under s. 46.215, 46.22 or 46.23 for the costs of administering the programs under subs. (2m), and (3) and (4g).

404,99 Section 99 . 46.98 (2m) (title) of the statutes is renumbered 49.132 (2m) (title).

404,100 Section 100 . 46.98 (2m) (a) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.132 (2m) (a).

404,101 Section 101 . 46.98 (2m) (c) and (d) 1. of the statutes are renumbered 49.132 (2m) (c) and (d) 1.

404,102 Section 102 . 46.98 (2m) (d) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.132 (2m) (d) 2.

404,103 Section 103 . 46.98 (2r) (title), (a), (b) and (d) of the statutes are renumbered 49.132 (2r) (title), (a), (b) and (d).

404,104 Section 104 . 46.98 (3) (title) of the statutes is renumbered 49.132 (3) (title).

404,105 Section 105 . 46.98 (3) (a) and (b) of the statutes, as affected by 1995 Wisconsin Act 27, are renumbered 49.132 (3) (a) and (b).

404,106 Section 106 . 46.98 (3) (c) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.132 (3) (c).

404,107 Section 107 . 46.98 (4) (title), (a) (intro.) and 1. of the statutes are renumbered 49.132 (4) (title), (a) (intro.) and 1.

404,108 Section 108 . 46.98 (4) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.132 (4) (a) 2.

404,109 Section 109 . 46.98 (4) (a) 3. of the statutes is renumbered 49.132 (4) (a) 3.

404,110 Section 110 . 46.98 (4) (am) of the statutes, as created by 1995 Wisconsin Act 289, is renumbered 49.132 (4) (am).

404,111 Section 111 . 46.98 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.132 (4) (b).

404,112 Section 112 . 46.98 (4) (c) of the statutes is renumbered 49.132 (4) (c).

404,113 Section 113 . 46.98 (4) (d) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.132 (4) (d).

404,114 Section 114 . 46.98 (4) (dg) and (dm) of the statutes, as created by 1995 Wisconsin Act 289, are renumbered 49.132 (4) (dg) and (dm).

404,115 Section 115 . 46.98 (4) (e) of the statutes is renumbered 49.132 (4) (e).

404,116 Section 116 . 46.98 (4g) (title) of the statutes is repealed.

404,117 Section 117 . 46.98 (4g) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

404,118 Section 118. 46.98 (4g) (b) of the statutes, as affected by 1995 Wisconsin Act 289, is repealed.

404,119 Section 119 . 46.98 (4g) (c) and (d) of the statutes are repealed.

404,120 Section 120 . 46.98 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.132 (5).

404,121 Section 121 . 46.98 (6) of the statutes, as created by 1995 Wisconsin Act 289, is renumbered 49.132 (6).

404,122 Section 122 . 46.982 of the statutes is renumbered 49.133, and 49.133 (intro.), as renumbered, is amended to read:

49.133 Refusal to pay child care providers. (intro.) The department or a county department under s. 46.215, 46.22 or 46.23 may refuse to pay a child care provider for child care provided under s. 46.98 49.132 or any other program if any of the following applies to the child care provider, employe or person living on the premises where child care is provided:

404,123 Section 123 . 46.984 (title) of the statutes is renumbered 49.134 (title).

404,124 Section 124 . 46.984 (1) of the statutes is renumbered 49.134 (1).

404,125 Section 125 . 46.984 (2) (title) of the statutes is renumbered 49.134 (2) (title).

404,126 Section 126 . 46.984 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.134 (2) (a) and amended to read:

49.134 (2) (a) From the allocation under s. 46.979 49.131 (2) (c) 2., the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.

404,127 Section 127 . 46.984 (2) (c) and (d) and (3) of the statutes are renumbered 49.134 (2) (c) and (d) and (3).

404,128 Section 128 . 46.984 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.134 (4) (a).

404,129 Section 129 . 46.984 (4) (intro.), (b) and (c) of the statutes are renumbered 49.134 (4) (intro.), (b) and (c).

404,130 Section 130 . 46.986 (title) of the statutes is renumbered 49.136 (title).

404,131 Section 131 . 46.986 (1) (intro.) of the statutes is renumbered 49.136 (1) (intro.).

404,132 Section 132 . 46.986 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.136 (1) (b).

404,133 Section 133 . 46.986 (1) (d), (e), (g), (j) and (k) of the statutes are renumbered 49.136 (1) (d), (e), (g), (j) and (k).

404,134 Section 134 . 46.986 (1) (m) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.136 (1) (m).

404,135 Section 135 . 46.986 (1) (n) of the statutes is renumbered 49.136 (1) (n).