Amendment ASA1-AB387

2023 - 2024 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 387

September 14, 2023 - Offered by Representatives Billings, Goyke, Ratcliff, Myers, C. Anderson, Vining, Jacobson, Palmeri, Emerson, Riemer, Baldeh, Haywood, Hong, Stubbs, Madison, Sinicki, Joers, Ohnstad, Shelton, Bare, Snodgrass, Subeck, Andraca, Clancy, Neubauer, Ortiz-Velez, Moore Omokunde, Considine, Cabrera, Shankland and J. Anderson.

AB387-ASA1,1,4 An Act to repeal 49.155 (6) (e) 2.; to amend 49.155 (6) (e) 3. (intro.) and 49.175 (1) (qm); and to create 20.437 (2) (c) and 49.133 of the statutes; relating to: a Department of Children and Families program to make payments to child care programs, granting rule-making authority, and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill authorizes the Department of Children and Families to establish a program for making monthly payments and monthly per-child payments to certified child care providers, licensed child care centers, and child care programs established or contracted for by a school board. This new payment program is in addition to the current law system for providing child care subsidy payments under Wisconsin Shares. The bill allows DCF to promulgate rules to implement the program, including establishing eligibility requirements and payment amounts and setting requirements for how recipients may use the payments. The bill funds the program through a new appropriation and by allocating federal moneys, including child care development funds and moneys received under the Temporary Assistance for Needy Families block grant program.

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

AB387-ASA1,1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB387-ASA1,2 Section 2. 20.437 (2) (c) of the statutes is created to read:

AB387-ASA1,2,5 20.437 (2) (c) Child care quality improvement program. The amounts in the schedule for the program under s. 49.133.

AB387-ASA1,3 Section 3. 49.133 of the statutes is created to read:

AB387-ASA1,2,12 49.133 Child care quality improvement program. (1) From the appropriation under s. 20.437 (2) (c) and under s. 49.175 (1) (qm), the department may establish a program under which it may make monthly payments and monthly per-child payments to child care providers certified under s. 48.651, child care centers licensed under s. 48.65, and child care programs established or contracted for by a school board under s. 120.13 (14).

AB387-ASA1,2,15 (2) The department may promulgate rules to implement the program under this section, including establishing eligibility requirements and payment amounts and setting requirements for how recipients may use the payments.

AB387-ASA1,4 Section 4. 49.155 (6) (e) 2. of the statutes is repealed.

AB387-ASA1,5 Section 5. 49.155 (6) (e) 3. (intro.) of the statutes is amended to read:

AB387-ASA1,3,5 49.155 (6) (e) 3. (intro.) The department may modify a child care provider's maximum payment rate under subd. 2. pars. (a) to (c) on the basis of the provider's quality rating, as described in the quality rating plan, in the following manner:

AB387-ASA1,6 Section 6 . 49.175 (1) (qm) of the statutes, as affected by 2023 Wisconsin Act 19, is amended to read:

AB387-ASA1,3,11 49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in ss. 49.133, 49.155 (1g), and 49.257, $16,683,700 in fiscal year 2022-23. In fiscal year 2023-24, for such activities, $28,518,700 $28,537,700. In fiscal year 2024-25, for such activities, $46,018,700 $46,037,700.

AB387-ASA1,7 Section 7. Nonstatutory provisions.

AB387-ASA1,3,19 (1) Child care quality improvement program. Using the procedure under s. 227.24, the department of children and families may promulgate the rules authorized under s. 49.133 (2) as emergency rules. Notwithstanding s. 227.24 (1) (a) and (3), the department of children and families is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB387-ASA1,8 Section 8. Fiscal changes.

AB387-ASA1,4,2 (1) Federal block grant aids. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (2) (md), the dollar amount for fiscal year 2023-24 is increased by $19,000,000 for the child care quality improvement program under s. 49.133. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (2) (md), the dollar amount for fiscal year 2024-25 is increased by $19,000,000 for the child care quality improvement program under s. 49.133.

AB387-ASA1,4,3 (End)