LRBs0650/1
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1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 540
March 26, 1996 - Offered by Joint committee on Finance.
SB540-SSA1,1,12 1An Act to amend . 121.545 (2); and to create 120.13 (36), 121.54 (2) (am) and
2. 121.58 (2) (b) of the statutes; relating to: authorizing school boards to
3contract with day care centers; providing state transportation aid to school
4districts that transport children between school and a day care program;
5requiring the department of industry, labor and human relations to promulgate
6rules permitting children under the age of 24 months to be provided care on a
7floor other than the first floor or ground floor of a group day care center;
8requiring the department of health and social services to promulgate rules that
9establish the requirements for obtaining and procedure for granting
10exemptions to the outdoor play space requirements under the administrative
11rules relating to group day care centers and family day care homes; and
12granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB540-SSA1, s. 1 13Section 1. 120.13 (36) of the statutes is created to read:
SB540-SSA1,2,5
1120.13 (36) Prekindergarten and kindergarten program agreements. Enter
2into an agreement with a licensed public or private nonsectarian day care center to
3lease space for prekindergarten or kindergarten programs offered by the school
4district or to place school district employes in day care centers to provide instruction
5in prekindergarten or kindergarten programs offered by the school district.
SB540-SSA1, s. 2 6Section 2 . 121.54 (2) (am) of the statutes is created to read:
SB540-SSA1,2,117 121.54 (2) (am) In lieu of transporting a pupil who is eligible for transportation
8under par. (a) to and from his or her residence, a school district may transport the
9pupil to or from, or both, a before- and after-school day care program under s.
10120.125, a day care program under s. 120.13 (14) or any other day care program,
11family day care home or child care provider.
SB540-SSA1, s. 3 12Section 3 . 121.545 (2) of the statutes is amended to read:
SB540-SSA1,2,2113 121.545 (2) A school board may provide transportation for children residing in
14the school district whom the school district is not required to transport under s.
15121.54
to or from, or both, a before- and after-school day care program under s.
16120.125, a prekindergarten class under s. 120.13 (13), a day care program under s.
17120.13 (14) or any other day care program, family day care home, child care provider
18or prekindergarten class. The school board may charge a fee for the cost of providing
19such transportation. The school board may waive the fee or any portion of the fee for
20any person who is unable to pay the fee. State aid shall not be provided for
21transportation under this subsection.
SB540-SSA1, s. 4 22Section 4. 121.58 (2) (b) of the statutes is created to read:
SB540-SSA1,3,323 121.58 (2) (b) A school board that provides transportation under s. 121.54 (2)
24(am) shall be paid state aid for such transportation at the rates specified and
25according to the conditions established under par. (a), except that the amount of state

1aid may not exceed the amount which the school district would receive for
2transporting the child between the child's residence and school attended under s.
3121.54 (1) to (3), (5), (6) or (9) or 121.57.
SB540-SSA1, s. 5 4Section 5. Nonstatutory provisions; health and social services.
SB540-SSA1,3,175 (1)  Outdoor play space exemption rules. The department of health and social
6services shall promulgate rules that establish the procedure under which an
7applicant for a license to operate a group day care center or family day care home may
8obtain an exemption from the outdoor play space requirements in sections HSS 45.05
9(11) and 55.33 (11), Wisconsin administrative code, and the requirements, if any, in
10addition to those specified in this subsection that an applicant must meet to obtain
11such an exemption. Those rules shall permit the department to grant an exemption
12to an applicant who has submitted an outdoor play space plan if the plan provides
13an alternative to on-site outdoor play space that is safe, provides for adequate
14supervision of the children and meets any other requirements established by the
15department. The department shall submit proposed rules establishing the
16requirements and procedure for granting the exemptions to the legislative council
17staff under section 227.15 (1) of the statutes by no later than July 1, 1996.
SB540-SSA1, s. 6 18Section 6. Nonstatutory provisions; industry, labor and human
relations.
SB540-SSA1,4,419 (1)  The department of industry, labor and human relations shall, in
20consultation with the office of child care in the department of health and social
21services, promulgate rules permitting children under the age of 24 months to be
22provided care in a group day care center on a floor other than the first floor or ground
23floor. In promulgating those rules, the department shall consider whether there are
24circumstances in which children under the age of 24 months can be safely cared for

1in a day care setting on a floor other than the first floor or ground floor. The
2department of industry, labor and human relations shall submit the proposed rules
3required under this subsection to the legislative council staff under section 227.15
4(1) of the statutes by no later than July 1, 1996.
SB540-SSA1, s. 7 5Section 7. Initial applicability; public instruction.
SB540-SSA1,4,86 (1)  Transportation aid. The treatment of sections 121.54 (2) (am) and 121.58
7(2) (b) of the statutes first applies to the payment of transportation aid in the 1996-97
8school year.
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