Wisconsin 2023-2024 Regular Session Status: To Executive 13 R cosponsors

AB 389 — Relating to: the regulation of large family child care centers. (FE)

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

82 added · 17 removed

Plain-language change summary

The recent amendment to Assembly Bill 389 introduces a new category of child care centers called "large family child care centers," which will provide care for four to twelve children. While these centers will be regulated similarly to smaller family child care centers, there are specific adjustments: a maximum of two providers will be allowed at any one time, and the Department of Children and Families can tailor regulations to ensure safety for the larger group. This change is important as it helps expand child care options while maintaining safety standards.

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- 2024 LEGISLATURE LRBa0443/1 EHS:klm&skw ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 389 September 11, 2023 - Offered by Representative OEBEN.
- 2024 LEGISLATURE LRB-3168/1 EHS:cdc ASSEMBLY BILL 389 September 1, 2023 - Introduced by Representatives G OEBEN , HURD, BINSFELD, BRANDTJEN , DMING , REEN , UNDRUM , GUSTAFSON, KRUG, MAGNAFICI, MAXEY, O CONNOR , PETERSEN, P ETRYK, PLUMER , ROZAR, SCHMIDT, S TEFFEN, SUMMERFIELD , SWEARINGEN and V ANDERM EER, cosponsored by Senators BALLWEG and S TROEBEL.
At the locations indicated, amend the bill as follows:
Referred to Committee on Children and Families.
A N A CT to renumber and amend 48.67;
to amend 48.65 (3) (a);
and to create 48.67 (1b) and 48.67 (2m) of the statutes;
relating to:
the regulation of large family child care centers.
Analysis by the Legislative Reference Bureau Under current law, a person must obtain a license from the Department of Children and Families in order to, for compensation, provide care and supervision for four or more children under the age of seven for less than 24 hours a day.
Under current DCF rules, DCF regulates a child care center that provides care and supervision for four to eight children as a “family child care center” and one that provides care and supervision for nine or more children as a “group child care center.” The rules specify, among other things, the required ratio of providers to children in each type of child care center.
This bill requires DCF to establish a category of licensed child care centers that provide care and supervision for four to 12 children (“large family child care centers”).
The bill requires DCF to regulate a large family child care center in the same way that it regulates smaller family child care centers with two exceptions:
1) DCF must require that, for a group of nine to 12 children, two employees must provide care and supervision to the children at all times, and 2) DCF's regulation of large family child care centers may differ from those of smaller family child care centers to the extent necessary to safely accommodate a larger group of children.
The bill prohibits a large family child care center from providing care and supervision for more than eight children at one time who are two years of age younger.
Under the - 2024 Legislature - 2 - LRB-3168/1 EHS:cdc ASSEMBLY BILL 389 current DCF rule for family child care centers, that limit is four children at one time who are two years of age or younger.
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:
SECTION 1.
48.65 (3) (a) of the statutes is amended to read:
48.65 (3) (a) Except as provided in par.
(c), before the department may issue a license under sub.
(1) to a child care center that provides care and supervision for 4 to 8 children or 4 to 12 childrenthe child care center must pay to the department a biennial fee of $60.50.
Except as provided in par.
(c), before the department may issue a license under sub.
(1) to a child care center that provides care and supervision for 93 or more children, the child care center must pay to the department a biennial fee of $30.25, plus a biennial fee of $16.94 per child, based on the number of children that the child care center is licensed to serve.
A child care center that wishes to continue a license issued under sub.
(1) shall pay the applicable fee under this paragraph by the continuation date of the license.
A new child care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the child care center.
SECTION 2.
48.67 of the statutes is renumbered 48.67 (1m), and 48.67 (1m) (d) 2.
and 3., as renumbered, are amended to read:
48.67 (1m) (d) 2.
The training under par.
(a) subd.
Page 3, line 8:
shall be available to a kinship care relative, as defined in s.
delete lines 8 to 17 and substitute:
48.40 (1m), upon request of the kinship care relative.
“(b) The department shall regulate a child care center described in par.
3.
(a) in the same way that it regulates a center that is licensed to provide care and supervision for 4 to 8 children, including the maximum number of children per provider, except for all of the following:
For a foster parent receiving an initial license, the training under par.
(a) subd.
The department shall prohibit more than 2 providers providing care and supervision for children at one time.
shall be completed before the first child is placed with the foster parent.
LRB-3168/1 - 2024 Legislature - 3 - EHS:cdc SECTION 3 ASSEMBLY BILL 389 SECTION 3.
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48.67 (1b) of the statutes is created to read:
48.67 (1b) In this section, “provider” means an individual who provides care and supervision to children in a child care center licensed under s.
48.65 (1).
SECTION 4.
48.67 (2m) of the statutes is created to read:
48.67 (2m) (a) In the rules under sub.
(1m), the department shall establish a category of child care centers licensed under s.
48.65 (1) that provide care and supervision for 4 to 12 children.
(b) The department shall regulate a child care center described in par.
(a) in the same way that it regulates centers that are licensed to provide care and supervision for 4 to 8 children except for all of the following:
1.
The department shall require that for a group of 9 to 12 children, 2 providers provide care and supervision at all times.
(a) differently than a child care center that provides care and supervision for 5 to 8 children to the extent necessary to safely accommodate a larger group of children.”.
(a) differently from a child care center that provides care and supervision for 4 to 8 children to the extent necessary to safely accommodate a larger group of children.
(c) A child care center described under par.
(a) may not provide care and supervision for more than 8 children at one time who are 2 years of age or younger.
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill modifies existing administrative rules regarding the definition of a dwelling used for daycare centers.

  • SPS 361.02 (3) (g)

    A one- or 2-family dwelling in which a public or private day care center for 8 or fewer children is located. → A one- or 2-family dwelling in which a public or private day care center for 812 or fewer children is located.

    This change increases the number of children allowed in a daycare center located within a one- or two-family dwelling from 8 to 812.

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 62, Noes 35

  7. Rules suspended

  8. Ordered to a third reading

  9. Assembly Amendment 2 adopted

  10. Assembly Amendment 2 offered by Representative Goeben

  11. Assembly Amendment 1 adopted

  12. Read a second time

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

  14. Referred to committee on Rules

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

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

  17. Executive action taken

  18. LRB correction (Assembly Amendment 1)

  19. Assembly Amendment 1 offered by Representative Goeben

  20. Fiscal estimate received

  21. Senator Felzkowski added as a cosponsor

  22. Representative Wichgers added as a coauthor

  23. Public hearing held

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

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

Sponsors

Sponsorship breakdown

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21 sponsors · 0 co-sponsors · 111 not signed on · 25 voted No

Sponsors (21)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"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 62 Yea · 35 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 43000
Democrat 02400
Unaffiliated 191100
Total 623500
% of votes cast 64%36%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 Yea
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 389?
AB 389 is sponsored by Goeben, Joy (Republican), Hurd, Karen (Republican), Binsfeld, Brandtjen, Edming, Green, Chanz (Republican), Gundrum, Rick (Republican), Gustafson, Nate (Republican), Krug, Scott (Republican), Magnafici, Maxey, Dave (Republican), O'Connor, Jerry (Republican), Petersen, Kevin (Republican), Petryk, Plumer, Rozar, Schmidt, Steffen, David (Republican), Summerfield, Rob (Republican), Swearingen, Rob (Republican), and VanderMeer, Nancy (Republican).
What is the current status of AB 389?
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 389?
Track AB 389 free on One Click Politics — get push/email alerts when it moves.

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