2025 - 2026 LEGISLATURE
LRB-3324/1
EHS:skw
June 12, 2025 - Introduced by Senators Keyeski, Roys, Carpenter, Dassler-Alfheim, Drake, Habush Sinykin, Hesselbein, L. Johnson, Pfaff, Larson, Ratcliff, Smith, Spreitzer, Wall and Wirch, cosponsored by Representatives Mayadev, Joers, Anderson, Andraca, Arney, Bare, Billings, Brown, Clancy, Cruz, DeSanto, DeSmidt, Doyle, Emerson, Fitzgerald, Goodwin, Haywood, Hong, Hysell, J. Jacobson, Johnson, Kirsch, Madison, McCarville, McGuire, Miresse, Moore Omokunde, Neubauer, Palmeri, Phelps, Prado, Rivera-Wagner, Roe, Sheehan, Sinicki, Snodgrass, Spaude, Stroud, Stubbs, Subeck, Taylor, Tenorio, Udell and Vining. Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs.
SB322,1,5
1An Act to repeal 49.155 (1g) (i) and 49.155 (6) (e) 2., 3. and 5.; to amend 249.175 (1) (qm); to create 20.437 (2) (c) and 49.133 of the statutes; relating
3to: a Department of Children and Families program to make payments to
4child care programs, granting rule-making authority, and making an
5appropriation. 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 payments under Wisconsin Shares. The bill requires 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, and authorizes DCF to promulgate these rules as emergency rules. 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 bill eliminates the current law method by which DCF may modify maximum payment rates for child care providers under Wisconsin Shares based on a child care provider’s rating under the quality rating system known as YoungStar.
Wisconsin Shares is a part of the Wisconsin Works program under current law, which DCF administers and which provides work experience and benefits for low-income custodial parents who are at least 18 years old. Under current law, an individual who is the parent of a child under the age of 13 or, if the child is disabled, under the age of 19, who needs child care services to participate in various education or work activities, and who satisfies other eligibility criteria may receive a child care subsidy for child care services under Wisconsin Shares.
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:
SB322,1
1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, 2insert the following amounts for the purposes indicated: SB322,28Section 2. 20.437 (2) (c) of the statutes is created to read: SB322,2,10920.437 (2) (c) Child care quality improvement program. The amounts in the 10schedule for the program under s. 49.133. SB322,311Section 3. 49.133 of the statutes is created to read: SB322,3,51249.133 Child care quality improvement program. (1) The department 13may establish a program under which it may, from the appropriation under s. 1420.437 (2) (c) and the allocation under s. 49.175 (1) (qm), make monthly payments
1and monthly per-child payments to child care providers certified under s. 48.651, 2child care centers licensed under s. 48.65, and child care programs established or 3contracted for by a school board under s. 120.13 (14). The department may 4investigate and recover from payment recipients under this section amounts 5overpaid or obtained through fraud. SB322,3,96(2) If the department establishes the program under sub. (1), the department 7shall promulgate rules to implement the program, including establishing eligibility 8requirements and payment amounts and setting requirements for how recipients 9may use the payments. SB322,410Section 4. 49.155 (1g) (i) of the statutes is repealed. SB322,511Section 5. 49.155 (6) (e) 2., 3. and 5. of the statutes are repealed. SB322,612Section 6. 49.175 (1) (qm) of the statutes is amended to read: SB322,3,161349.175 (1) (qm) Quality care for quality kids. For the child care quality 14improvement activities specified in ss. 49.133, 49.155 (1g), and 49.257, $16,683,700 15$49,446,300 in each fiscal year 2022-23. In fiscal year 2023-24, for such activities, 16$28,518,700. In fiscal year 2024-25, for such activities, $46,018,700. SB322,910617Section 9106. Nonstatutory provisions; Children and Families. SB322,4,318(1) Child care quality improvement program. Using the procedure under 19s. 227.24, the department of children and families may promulgate the rules 20authorized under s. 49.133 (2) as emergency rules. Notwithstanding s. 227.24 (1) 21(c) and (2), emergency rules promulgated under this subsection remain in effect 22until July 1, 2027, or the date on which permanent rules take effect, whichever is 23sooner. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department of 24children and families is not required to provide evidence that promulgating a rule
1under this subsection as an emergency rule is necessary for the preservation of the 2public peace, health, safety, or welfare and is not required to provide a finding of 3emergency for a rule promulgated under this paragraph.
