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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 1An Act to repeal 49.155 (6) (e) 2.; to amend 49.155 (6) (e) 3. (intro.) and 49.175
2(1) (qm); and to create 20.437 (2) (c) and 49.133 of the statutes; relating to:
3a Department of Children and Families program to make payments to child
4care 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 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
AB387-ASA1,2 3Section 2. 20.437 (2) (c) of the statutes is created to read:
AB387-ASA1,2,54 20.437 (2) (c) Child care quality improvement program. The amounts in the
5schedule for the program under s. 49.133.
AB387-ASA1,3 6Section 3. 49.133 of the statutes is created to read:
AB387-ASA1,2,12 749.133 Child care quality improvement program. (1) From the
8appropriation under s. 20.437 (2) (c) and under s. 49.175 (1) (qm), the department
9may establish a program under which it may make monthly payments and monthly
10per-child payments to child care providers certified under s. 48.651, child care
11centers licensed under s. 48.65, and child care programs established or contracted
12for by a school board under s. 120.13 (14).
AB387-ASA1,2,15 13(2) The department may promulgate rules to implement the program under
14this section, including establishing eligibility requirements and payment amounts
15and setting requirements for how recipients may use the payments.
AB387-ASA1,4
1Section 4. 49.155 (6) (e) 2. of the statutes is repealed.
AB387-ASA1,5 2Section 5. 49.155 (6) (e) 3. (intro.) of the statutes is amended to read:
AB387-ASA1,3,53 49.155 (6) (e) 3. (intro.) The department may modify a child care provider's
4maximum payment rate under subd. 2. pars. (a) to (c) on the basis of the provider's
5quality rating, as described in the quality rating plan, in the following manner:
AB387-ASA1,6 6Section 6 . 49.175 (1) (qm) of the statutes, as affected by 2023 Wisconsin Act
719
, is amended to read:
AB387-ASA1,3,118 49.175 (1) (qm) Quality care for quality kids. For the child care quality
9improvement activities specified in ss. 49.133, 49.155 (1g), and 49.257, $16,683,700
10in fiscal year 2022-23. In fiscal year 2023-24, for such activities, $28,518,700
11$28,537,700. In fiscal year 2024-25, for such activities, $46,018,700 $46,037,700.
AB387-ASA1,7 12Section 7. Nonstatutory provisions.
AB387-ASA1,3,1913 (1) Child care quality improvement program. Using the procedure under s.
14227.24, the department of children and families may promulgate the rules
15authorized under s. 49.133 (2) as emergency rules. Notwithstanding s. 227.24 (1) (a)
16and (3), the department of children and families is not required to provide evidence
17that promulgating a rule under this subsection as an emergency rule is necessary for
18the preservation of the public peace, health, safety, or welfare and is not required to
19provide a finding of emergency for a rule promulgated under this subsection.
AB387-ASA1,8 20Section 8. Fiscal changes.
AB387-ASA1,4,221 (1) Federal block grant aids. In the schedule under s. 20.005 (3) for the
22appropriation to the department of children and families under s. 20.437 (2) (md),
23the dollar amount for fiscal year 2023-24 is increased by $19,000,000 for the child
24care quality improvement program under s. 49.133. In the schedule under s. 20.005
25(3) for the appropriation to the department of children and families under s. 20.437

1(2) (md), the dollar amount for fiscal year 2024-25 is increased by $19,000,000 for
2the child care quality improvement program under s. 49.133.
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