Wisconsin 2023-2024 Regular Session Status: To Executive 15 R cosponsors

AB 390 — Relating to: modifying administrative rules relating to assistant child care teachers.

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

80 added · 15 removed

Plain-language change summary

The recent amendments to Bill AB 390 update the regulations for assistant child care teachers. Specifically, the bill clarifies that all assistant child care teachers must be at least 18 years old to work independently with children, ensuring consistent age requirements for this role. This change is significant because it aims to improve child safety in care settings by guaranteeing that individuals supervising children are of a mature age with the required training.

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- 2024 LEGISLATURE LRBa0432/1 MDE:amn ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 390 September 5, 2023 - Offered by RepresentatiOEBEN.
- 2024 LEGISLATURE LRB-3294/1 MDE:cjs ASSEMBLY BILL 390 September 1, 2023 - Introduced by Representatives G OEBEN , HURD, BINSFELD, BRANDTJEN , EDMING , GREEN , GUNDRUM , G USTAFSON, M AGNAFICI, M AXEY, M URPHY, OCONNOR , ENTERMAN , PETERSEN, ETRYK , LUMER , OZAR, SCHMIDT, SORTWELL , STEFFEN, S UMMERFIELD , SWEARINGEN and VANDER M EER, cosponsored by Senators BALLWEG and STROEBEL.
At the locations indicated, amend the bill as follows:
Referred to Committee on Children and Families.
1.
A N A CT relating to:
Page 2, line 19:
modifying administrative rules relating to assistant child care teachers.
delete the material beginning with “are at least" and ending with “age and" on line 20 and substitute “are at least 18 years ”.
Analysis by the Legislative Reference Bureau Under current law, the Department of Children and Families regulates child care providers and is required to promulgate rules to carry out that function.
age and 2.
Under rules promulgated by DCF, a person hired to be an assistant child care teacher must be at least 18 or 17 years old, depending on the qualifications the person meets.
Page 3, line 2:
An assistant child care teacher or school-age group leader who is at least 18 years old and has completed the training required for the position may provide sole supervision to a group of school-age children for up to 45 minutes if there is a qualified school-age program leader or child care teacher on the premises, and an assistant child care teacher may provide sole supervision to a group of children in full-day centers for up to two hours during opening and closing hours and during the center's designated naptime.
after “hours" insert “if there is a child care teacher on the premises".
This bill modifies the DCF rules to lower the minimum age at which a person may become an assistant child care teacher or school-age group leader from 17 to 16 and to lower the minimum age at which an assistant child care teacher or school-age group leader may provide sole supervision to a group of children from 18 to 16.
3.
The bill also removes the restrictions that a supervising assistant child care teacher may provide sole supervision to a group of children in full-day centers only during opening and closing hours and during the center's designated naptime and only for up to two hours and that a supervising school-age group leader or assistant child - 2024 Legislature - 2 - LRB-3294/1 MDE:cjs ASSEMBLY BILL 390 care teacher may provide sole supervision to a group of school-age children only for up to 45 minutes.
Page 3, line 3:
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
delete lines 3 to 5 and substitute:
S ECTION 1.
“SECTION4m.
DCF 251.05 (3) (g) 2.
DCF 251.055 (1) (i) of the administrative code is repealed.”.
a.
4.
of the administrative code is amended to read:
Page 3, line 10:
DCF 251.05 (3) (g) 2.
delete “and is age 18over" and substitute “and is age 18 or over".
a.
Be at least 116 years old and have satisfactorily completed 2 credits in early childhood education or its equivalent within 6 months after assuming the position.
S ECTION 2.
DCF 251.05 (3) (g) 2.
b.
of the administrative code is amended to read:
DCF 251.05 (3) (g) 2.
b.
Be at least 186 years old and have satisfactorily completed one, non-credit department-approved course in early childhood education within 6 months after assuming the position.
S ECTION 3.
DCF 251.05 (3) (g) 2.
c.
of the administrative code is amended to read:
DCF 251.05 (3) (g) 2.
c.
Be at least 17 16 years of age and have satisfactorily completed an assistant child care teacher training program approved by the Wisconsin department of public instruction, 2 credits in early childhood education or its equivalent, or a noncredit department-approved course in early childhood education.
S ECTION 4.
DCF 251.055 (1) (c) of the administrative code is amended to read:
DCF 251.055 (1) (c) Assistant child care teachers who are at least 18 16 years of age and have completed the training required for the position may provide sole supervision to a group of children in full-day centers for opening and closing hours, LRB-3294/1 - 2024 Legislature - 3 - MDE:cjs SECTION 4 ASSEMBLY BILL 390 not to exceed the first 2 hours and the last 2 hours of center operation, and during the center's designated naptime, not to exceed 2 hours.
S ECTION 5.
DCF 251.055 (1) (i) of the administrative code is amended to read:
DCF 251.055 (1) (i) No person under 18 16 years of age shall be left in sole charge of a child.
S ECTION 6.
DCF 251.095 (2m) (d) of the administrative code is amended to read:
DCF 251.095 (2m) (d) Notwithstanding s.
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DCF 251.055 (1) (c), a school-age group leader who has completed the training required under s.
DCF 251.094 (5) (c) 3.
or an assistant child care teacher who has completed the training required under s.
DCF 251.05 (3) (g) 2.
and is age 18r over may provide sole supervision for a group of school-age children for no more than 45 minuteif there is a qualified school-age program leader or child care teacher on the premises.
S ECTION 7.Effective date.
(1) Notwithstanding s.
227.265, this act takes effect on the day after publication.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Public hearing held

  3. Read first time and referred to committee on Mental Health, Substance Abuse Prevention, Children and Families

  4. Received from Assembly

  5. Ordered immediately messaged

  6. Read a third time and passed, Ayes 61, Noes 36

  7. Rules suspended

  8. Ordered to a third reading

  9. Assembly Amendment 1 adopted

  10. Read a second time

  11. Placed on calendar 9-14-2023 by Committee on Rules

  12. Referred to committee on Rules

  13. Report passage as amended recommended by Committee on Children and Families, Ayes 8, Noes 4

  14. Report Assembly Amendment 1 adoption recommended by Committee on Children and Families, Ayes 12, Noes 0

  15. Executive action taken

  16. Senator Felzkowski added as a cosponsor

  17. Representative Wichgers added as a coauthor

  18. Public hearing held

  19. Assembly Amendment 1 offered by Representative Goeben

  20. Read first time and referred to Committee on Children and Families

  21. Introduced by Representatives Goeben, Hurd, Binsfeld, Brandtjen, Edming, Green, Gundrum, Gustafson, Magnafici, Maxey, Murphy, O'Connor, Penterman, Petersen, Petryk, Plumer, Rozar, Schmidt, Sortwell, Steffen, Summerfield, Swearingen and VanderMeer; cosponsored by Senators Ballweg and Stroebel

Sponsors

Sponsorship breakdown

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23 sponsors · 0 co-sponsors · 109 not signed on · 26 voted No

Sponsors (23)

Co-sponsors (0)

None.

Not signed on (109)

109 members have not signed on to this bill.

Show all 109 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 61 Yea · 36 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 42100
Democrat 02400
Unaffiliated 191100
Total 613600
% of votes cast 63%37%0%0%
How each member voted (97)
Member Party Vote
BALDEH — Nay
BINSFELD — Yea
BODDEN — Yea
BRANDTJEN — Yea
CABRERA — Nay
CONLEY — Nay
CONSIDINE — Nay
EDMING — Yea
GOYKE — Nay
JOHNSON — Yea
KATSMA — Yea
MACCO — Yea
MAGNAFICI — Yea
MICHALSKI — Yea
MYERS — Nay
OHNSTAD — Nay
OLDENBURG — Yea
PETRYK — Yea
PLUMER — Yea
RETTINGER — Yea
RIEMER — Nay
ROZAR — Yea
SAPIK — Yea
SCHMIDT — Yea
SCHRAA — Yea
SCHUTT — Yea
SHANKLAND — Nay
SHELTON — Nay
SPEAKER — Yea
ANDERSON, J — Nay
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Bare, Mike Democrat Nay
Billings, Jill Democrat Nay
Clancy, Ryan Democrat Nay
Doyle, Steve Democrat Nay
Drake, Dora Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hong, Francesca Democrat Nay
Jacobson, Jenna Democrat Nay
Joers, Alex Democrat Nay
Madison, Darrin Democrat Nay
McGuire, Tip Democrat Nay
Moore Omokunde, Supreme Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Palmeri, Lori Democrat Nay
Ratcliff, Melissa Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Nay
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Yea
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Yea
Melotik, Paul Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Penterman, William Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

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Subjects

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Frequently asked questions

Who sponsors AB 390?
AB 390 is sponsored by Goeben, Joy (Republican), Hurd, Karen (Republican), Binsfeld, Brandtjen, Edming, Green, Chanz (Republican), Gundrum, Rick (Republican), Gustafson, Nate (Republican), Magnafici, Maxey, Dave (Republican), Murphy, David (Republican), O'Connor, Jerry (Republican), Penterman, William (Republican), Petersen, Kevin (Republican), Petryk, Plumer, Rozar, Schmidt, Sortwell, Shae (Republican), Steffen, David (Republican), Summerfield, Rob (Republican), Swearingen, Rob (Republican), and VanderMeer, Nancy (Republican).
What is the current status of AB 390?
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 390?
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