LRBs0452/1
MPG&CMH:amn
2021 - 2022 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 777
March 8, 2022 - Offered by Senators
Carpenter, Pfaff, Smith and Ringhand.
AB777-SSA1,1,8
1An Act to repeal 165.986 (6);
to renumber and amend 165.986 (1), 165.986
2(2) and 165.986 (4);
to amend 20.455 (2) (bm), 20.455 (2) (kb), 165.986 (title),
3165.986 (3) and 165.986 (5); and
to create 16.20, 20.505 (1) (e), 20.505 (1) (eb),
4165.986 (1c), 165.986 (2) (a) and (c) and 165.986 (4m) of the statutes;
relating
5to: grants to political subdivisions for additional policing and strategic
6planning to combat crime, grants for beat patrol and specialized officers,
7funding for the University of Wisconsin System and special education, and
8making an appropriation.
Analysis by the Legislative Reference Bureau
Grants for additional policing
This bill authorizes the Department of Administration to award one or more
grants to a city, village, town, or county for costs associated with additional policing
to address automobile theft and carjacking. DOA must give priority to cities,
villages, towns, or counties having a higher incidence of automobile theft or
carjacking. Grants may be used to cover up to four years of additional policing costs
but may not be used to supplant funding that is available from other sources. The
bill appropriates $2,500,000 in general purpose revenue for the grants.
The bill also includes a requirement that grant recipients submit reports to
DOA describing in detail how grant moneys were expended and the results of the
expenditures, including any impact on the number of persons arrested and charged
for automobile theft or carjacking.
Grants for strategic planning
The bill further authorizes DOA to award one or more grants to a city, village,
town, or county for costs associated with strategic planning to combat crime. Grants
may be used to cover up to two years of strategic planning costs but may not be used
to supplant funding that is available from other sources. The bill appropriates
$2,500,000 in general purpose revenue for the grants.
The bill also includes a requirement that grant recipients submit a report to
DOA describing in detail how grant moneys were expended and the results of such
expenditures.
Grants for uniformed beat patrol and public safety goals
Under current law, the Department of Justice awards grants to cities to pay for
uniformed beat patrol law enforcement officers. The bill appropriates an additional
$2,500,000 per fiscal year in general purpose revenue for the grants. The bill also
expands the grant program to allow villages, town, and counties, in addition to cities,
to apply for such grants and to allow grant recipients to use grant funds to pay for
law enforcement officers whose primary duties relate to achieving a law enforcement
or public safety goal. The bill eliminates the current-law cap of $150,000 per grant
and eliminates the requirement that DOJ award the grant to the applicants with the
highest rates of violent crime. The bill eliminates the current law that allows for
grants to be awarded for three consecutive years and instead requires annual
applications. Also, under the bill, a grant recipient that applies for an additional
grant must provide a statement to DOJ regarding its progress in achieving the goals
for which the previous grant was awarded.
Additional funding for UW System and special education
The bill also provides additional funding for 1) the University of Wisconsin
System under its general program operations appropriation; and 2) special
education aid for school districts, independent charter schools, cooperative
educational service agencies, and county children with disabilities education boards
for purposes of maintaining compliance with maintenance of effort requirements of
the federal Consolidated Appropriations Act and the federal American Rescue Plan
Act.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB777-SSA1,1
1Section 1
. 16.20 of the statutes is created to read:
AB777-SSA1,3,3
116.20 Grants for additional policing and strategic planning. (1) 2Definition. In this section, “political subdivision” means a city, village, town, or
3county.
AB777-SSA1,3,9
4(2) Additional policing. (a) From the appropriation under s. 20.505 (1) (e), the
5department shall award one or more grants to a political subdivision for costs
6associated with additional policing to address automobile theft and carjacking
7within the political subdivision. In awarding the grants, the department shall give
8priority to the political subdivisions having a higher incidence of automobile theft or
9carjacking.
AB777-SSA1,3,1110
(b) No political subdivision may have more than a total of 4 years of additional
11policing costs funded by grants under par. (a).
AB777-SSA1,3,1312
(c) The department shall ensure that no grant awarded under par. (a) is used
13to supplant funding available to the political subdivision from other sources.
AB777-SSA1,3,1914
(d) Each political subdivision that receives a grant under par. (a) shall submit
15a report to the department no later than 2 years after receiving the grant and again
16no later than 4 years after receiving the grant. Each report shall describe in detail
17how the grant moneys were expended and the results of those expenditures,
18including any impact on the number of persons arrested and charged for automobile
19theft or carjacking in the political subdivision.
AB777-SSA1,3,22
20(3) Strategic planning. (a) From the appropriation under s. 20.505 (1) (eb),
21the department shall award one or more grants to a political subdivision for costs
22associated with strategic planning to combat crime within the political subdivision.
AB777-SSA1,3,2423
(b) No political subdivision may have more than a total of 2 years of strategic
24planning costs funded by grants under par. (a).
AB777-SSA1,4,2
1(c) The department shall ensure that no grant awarded under par. (a) is used
2to supplant funding available to the political subdivision from other sources.
AB777-SSA1,4,63
(d) Each political subdivision that receives a grant under par. (a) shall submit
4a report to the department no later than 2 years after receiving the grant. The report
5shall describe in detail how the grant moneys were expended and the results of those
6expenditures.
AB777-SSA1,2
7Section 2
. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
8the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB777-SSA1,3
9Section
3. 20.455 (2) (bm) of the statutes is amended to read:
AB777-SSA1,4,1110
20.455
(2) (bm)
Law enforcement officer supplement grants — state funds. The
11amounts in the schedule for grants under s. 165.986
(1) (1m).
AB777-SSA1,4
12Section
4. 20.455 (2) (kb) of the statutes is amended to read:
AB777-SSA1,4,1813
20.455
(2) (kb)
Law enforcement officer supplement grants. The amounts in the
14schedule to provide grants for
uniformed law enforcement officers under s. 165.986.
15All moneys transferred from the appropriation account under s. 20.505 (1) (id) 3.
16shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the
17unencumbered balance on June 30 of each year shall be transferred to the
18appropriation account under s. 20.505 (1) (id).
AB777-SSA1,5
19Section 5
. 20.505 (1) (e) of the statutes is created to read:
AB777-SSA1,5,3
120.505
(1) (e)
Grants for additional policing. As a continuing appropriation,
2the amounts in the schedule for grants to political subdivisions for additional
3policing under s. 16.20 (2).
AB777-SSA1,6
4Section 6
. 20.505 (1) (eb) of the statutes is created to read:
AB777-SSA1,5,75
20.505
(1) (eb)
Grants for strategic planning. As a continuing appropriation,
6the amounts in the schedule for grants to political subdivisions for strategic planning
7to combat crime under s. 16.20 (3).
AB777-SSA1,7
8Section
7. 165.986 (title) of the statutes is amended to read:
AB777-SSA1,5,9
9165.986 (title)
Beat patrol and specialized officers; grant program.
AB777-SSA1,8
10Section
8. 165.986 (1) of the statutes is renumbered 165.986 (1m) and
11amended to read:
AB777-SSA1,5,2212
165.986
(1m) The department of justice shall provide grants from the
13appropriations under s. 20.455 (2) (bm) and (kb) to
cities political subdivisions to
14employ additional uniformed law enforcement officers whose primary duty is beat
15patrolling
. A city is eligible for a grant under this subsection in fiscal year 1994-95
16if the city has a population of 25,000 or more or specialized law enforcement officers.
17A
city political subdivision may receive a grant for a calendar year if
the city
it applies
18for a grant before September 1 of the preceding calendar year.
Grants shall be
19awarded to the 10 eligible cities submitting an application for a grant that have the
20highest rates of violent crime index offenses in the most recent full calendar year for
21which data is available under the uniform crime reporting system of the federal
22bureau of investigation.
AB777-SSA1,9
23Section
9. 165.986 (1c) of the statutes is created to read:
AB777-SSA1,5,2424
165.986
(1c) In this section:
AB777-SSA1,5,2525
(a) “Political subdivision” means a city, village, town, or county.
AB777-SSA1,6,3
1(b) “Specialized law enforcement officer” means a law enforcement officer
2whose primary duties and assignments relate to achieving a law enforcement or
3public safety goal.
AB777-SSA1,10
4Section
10. 165.986 (2) of the statutes is renumbered 165.986 (2) (intro.) and
5amended to read:
AB777-SSA1,6,86
165.986
(2) (intro.) A
city
political subdivision applying to the department of
7justice for a grant under sub.
(1) (1m) shall
include a submit to the department of
8justice all of the following:
AB777-SSA1,6,13
9(b) A proposed plan of expenditure of the grant moneys
that sets forth a
10strategy for applying the grant moneys toward the goals identified in par. (a). If
11grant moneys will be used for salary and fringe benefits of a specialized law
12enforcement officer, the plan must include a description of the officer's duties and
13their relation to the goals identified in par. (a).
AB777-SSA1,6,21
14(2m) The grant moneys that a
city political subdivision receives under sub.
(1) 15(1m) may be used for salary and fringe benefits only. Except as provided in sub. (3),
16the positions for which funding is sought must be created on or after
April 21, 1994,
17and result in a net increase in the number of uniformed law enforcement officers
18assigned to beat patrol duties the date on which the application for the initial grant
19under sub. (1m) is submitted. The department may issue a grant in 2 annual
20payments, with the 2nd payment contingent upon the grant recipient's progress in
21meeting its goals as reported in sub. (4m).
AB777-SSA1,11
22Section
11. 165.986 (2) (a) and (c) of the statutes are created to read:
AB777-SSA1,6,2523
165.986
(2) (a) Goals the political subdivision identifies toward which the grant
24moneys will be applied, using data that demonstrate specific problems and that may
25be used as a measurement of progress toward the goals.
AB777-SSA1,7,3
1(c) If the applicant has received a previous grant under sub. (1m), a statement
2of its progress in reducing crime or achieving other goals related to the purposes for
3which it received the grant.
AB777-SSA1,12
4Section
12. 165.986 (3) of the statutes is amended to read:
AB777-SSA1,7,135
165.986
(3) During the first 6 months of the first year of a grant under sub.
(1)
6(1m), a
city political subdivision may, with the approval of the department, use part
7of the grant for the payment of salary and fringe benefits for overtime provided by
8uniformed law enforcement officers whose primary duty is beat patrolling
or by
9specialized law enforcement officers. A
city
political subdivision may submit a
10request to the department for a 3-month extension of the use of the grant for the
11payment of overtime costs. To be eligible to use part of the first year's grant for
12overtime costs, the
city political subdivision shall provide the department with all
13of the following:
AB777-SSA1,7,1514
(a) The reasons why uniformed law enforcement officers assigned to beat patrol
15duties
or specialized law enforcement officers need to work overtime.
AB777-SSA1,7,1716
(b) The status of the hiring and training of new uniformed law enforcement
17officers who will have beat patrol duties
or of specialized law enforcement officers.
AB777-SSA1,7,2218
(c) Documentation that a sufficient amount of the grant for the first year will
19be available, during the period remaining after the payment of overtime costs, to pay
20the salary and fringe benefits of the same number of uniformed officers whose
21primary duty is beat patrolling
or of specialized law enforcement officers that the
22grant originally planned to pay.
AB777-SSA1,13
23Section
13. 165.986 (4) of the statutes is renumbered 165.986 (4) (a) and
24amended to read:
AB777-SSA1,8,10
1165.986
(4) (a) The department shall develop criteria which, notwithstanding
2s. 227.10 (1), need not be promulgated as rules under ch. 227, for use in determining
3the amount to
grant award to
cities political subdivisions under sub.
(1) (1m). The
4department may not award an annual grant under sub. (1) in excess of $150,000 to
5any city criteria shall include, for each applicant, the rates of violent crime index
6offenses in the most recent full calendar year for which data are available under the
7uniform crime reporting system of the federal bureau of investigation and, if
8applicable, the applicant's success in using previous grants to reduce crime or
9achieve other goals set by the department. The criteria may also include the rates
10of nonviolent crime in the political subdivision.
AB777-SSA1,8,13
11(b) The department shall
review any application and plan submitted under
12sub. (2) to determine if
that each application
and, plan
, and statement of progress
13submitted under sub. (2) (c) or (4m) meet the requirements of this section.
AB777-SSA1,8,18
14(c) The grant that a
city
political subdivision receives under sub.
(1)
(1m) must
15result in a net increase in the number of uniformed law enforcement officers assigned
16to beat patrol duties or the number of specialized law enforcement officers and may
17not supplant existing local resources.
The political subdivision may not reduce its
18expenditures as a result of receiving the grant.
AB777-SSA1,14
19Section
14. 165.986 (4m) of the statutes is created to read:
AB777-SSA1,8,2220
165.986
(4m) A political subdivision that receives a grant under sub. (1m) shall
21submit, annually, or as requested by the department of justice, a progress report that
22includes all of the following:
AB777-SSA1,8,2523
(a) For each law enforcement officer whose position is funded wholly or in part
24by the grant, an activity report that includes proactive measures the officer has
25taken to achieve the goals identified under sub. (2) in the grant application.
AB777-SSA1,9,2
1(b) Crime reporting information that compares rates of crime in the political
2subdivision at the time it received a grant and at the end of the reporting period.
AB777-SSA1,9,53
(c) Other information requested by the department that demonstrates the
4efficacy of the grant in reducing crime or achieving other goals identified by the
5political subdivision or set by the department.
AB777-SSA1,15
6Section
15. 165.986 (5) of the statutes is amended to read:
AB777-SSA1,9,107
165.986
(5) A city may receive a grant under sub. (1) for 3 consecutive years
8without submitting a new application each year. For each year that a
city political
9subdivision receives a grant under sub.
(1)
(1m), the
city political subdivision shall
10provide matching funds of at least 25 percent of the amount of the grant.
AB777-SSA1,16
11Section
16. 165.986 (6) of the statutes is repealed.
AB777-SSA1,9,1913
(1)
Law enforcement grants. In the schedule under s. 20.005 (3) for the
14appropriation to the department of justice under s. 20.455 (2) (bm), the dollar amount
15for fiscal year 2021-22 is increased by $2,500,000 for the purpose for which the
16appropriation is made. In the schedule under s. 20.005 (3) for the appropriation to
17the department of justice under s. 20.455 (2) (bm), the dollar amount for fiscal year
182022-23 is increased by $2,500,000 for the purpose for which the appropriation is
19made.