2023 - 2024 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO ASSEMBLY BILL 245
May 17, 2023 - Offered by Representative Kurtz.
23.0917 (5t) of the statutes is renumbered 23.0917 (5t) (intro.) 5
and amended to read:
23.0917 (5t) Local governmental resolutions.
(intro.) Each city, village, 7
town, or county may adopt a nonbinding resolution that supports or opposes the 8
proposed acquisition of land to be funded by moneys obligated from the appropriation 9
under s. 20.866 (2) (ta) if all or a portion of the land is located in the city, village, town, 10
or county. The department shall provide written notification of the proposed 11
acquisition to each city, village, town, or county in which the land is located. A city, 12
village, town, or county that adopts a resolution under this subsection
the department with a copy of the resolution. If All of the following apply to a
2resolution under this subsection:
3(a) For the proposed acquisition of land located south of USH 8, if
department receives the copy within 30 days after the date that the city, village, 5
town, or county received the notification of the proposed acquisition, the department 6
shall take the resolution into consideration before approving or denying the 7
obligation of moneys for the acquisition from the appropriation under s. 20.866 (2) 8
23.0917 (5t) (b) of the statutes is created to read:
(b) For the proposed acquisition of land located north of USH 8,
the department may not approve the obligation of moneys for the acquisition from 12
the appropriation under s. 20.866 (2) (ta) and may not notify the joint committee on 13
finance of the proposal, if required under sub. (6m), unless every city, village, town, 14
or county in which the land is located adopts a resolution under this subsection 15
approving the acquisition by a simple majority vote of the governing body.”.
There is established in the local government fund a separate account that 18
is designated the “community youth and family aids account” for the improvement 19
and provision of community-based juvenile delinquency-related services under s. 20
48.526 and juvenile correctional services under s. 301.26 and for reimbursement to 21
counties having a population of less than 750,000 for the cost of court attached intake 22
services as provided in s. 938.06 (4).”.
(b) 5. A “county jailer" is an employee of a county whose principal 4
duties involve supervising, controlling, or maintaining a jail or house of correction 5
or the persons confined in a jail, as assigned by the sheriff under s. 59.27 (1), or the
6persons confined in a house of correction, as assigned by a county board of
7supervisors under s. 303.17,
regardless of whether the employee has been sworn 8
regarding his or her duties or whether the employee serves on a full-time basis, 9
provided the department receives notification of the participant's name as provided 10
in s. 40.06 (1) (d) and (dm). Notwithstanding par. (a), an employer may classify an 11
employee who is a county jailer as a protective occupation participant under par. (am) 12
23. without making a determination that the principal duties of the employee involve 13
active law enforcement or active fire suppression or prevention. A determination 14
under this subdivision may not be appealed under s. 40.06 (1) (e) or (em). A county 15
jailer is not a protective occupation participant if he or she so elects with the employer 16
under s. 59.52 (8m) or 2023 Wisconsin Act 4
40.21 (7) (b) of the statutes is amended to read:
(b) Any municipal employer, other than a 1st class city or county with
19a population of at least 750,000,
that elects to be included within the provisions of 20
the Wisconsin Retirement System under sub. (1) on or after March 2, 2016, may 21
choose not to include any of its public utility employees.”.
16. Page 17, line 21
: after “referendum." insert “The board may not conduct a
2referendum for advisory purposes, except for an advisory referendum regarding
3capital expenditures proposed to be funded by the county property tax levy.
59.605 (3) (c) of the statutes is amended to read:
(c) 1. If a county transfers to another governmental unit 7
responsibility for providing any service that the county provided in the preceding 8
year, the levy rate limit otherwise applicable under this section to the county in the 9
current year is decreased to reflect the cost that the county would have incurred to 10
provide that service, as determined by the department of revenue.
The levy rate limit
11adjustment under this subdivision applies only if the county and transferee
12governmental unit file a notice of service transfer with the department of revenue.
2. If a county increases the services that it provides by adding responsibility 14
for providing a service transferred to it from another governmental unit in any year, 15
the levy rate limit otherwise applicable under this section to the county in the current 16
year is increased to reflect the cost of that service, as determined by the department 17
of revenue. The levy rate limit adjustment under this subdivision applies only if the
18county and transferor governmental unit file a notice of service transfer with the
19department of revenue.
412. Page 19, line 18
: after “expenditures." insert “This subsection does not 5
apply if the county is not imposing a tax under s. 77.70 (2) (a).".
613. Page 19, line 21
: after “board." insert “This subsection does not apply if the 7
county is not imposing a tax under s. 77.70 (2) (a).".
1016. Page 24, line 9
: delete the material beginning with “Individuals
" and 11
ending with “respectively
" on line 15 and substitute “For an appointment that is
12required to be selected from a list under this subsection, the mayor shall make the
13appointment within 45 days after receiving a list under sub. (1j).
1417. Page 25, line 11
: after “city." insert “A member of the board may not
15continue in office after the expiration of his or her term unless the member is
16reappointed to the board and confirmed by the common council.
62.50 (1j) of the statutes is created to read:
62.50 (1j) Selection of certain board members.
Lists of individuals submitted 20
under sub. (1h) by the employee association that represents nonsupervisory law 21
enforcement officers and the employee association that represents fire fighters for 22
selection shall each contain 3 names. Individuals included in a list under this 23
subsection by an employee association that represents nonsupervisory law
enforcement officers or fire fighters shall have professional law enforcement 2
experience or professional fire fighting experience, respectively, and shall be at least 3
5 years removed from service as a professional law enforcement officer or fire fighter, 4
respectively. Individuals included in a list under this subsection shall be residents 5
of the 1st class city and may not be currently employed by the 1st class city. A list 6
under this subsection shall be provided not more than 3 months after the occurrence 7
of a vacancy in a position to be filled by selection from a list under this subsection.”.
1121. Page 27, line 15
: after “city." insert “No trustee or administrator of a 12
retirement system of a 1st class city shall be subject to liability for complying with 13
1422. Page 28, line 10
: after “expenditures." insert “This subsection does not 15
apply if the city is not imposing a tax under s. 77.701 (1).".
1623. Page 28, line 13
: after “council." insert “This subsection does not apply if 17
the city is not imposing a tax under s. 77.701 (1).".
1824. Page 29, line 2
: after “s. 213.10 (1g)" insert “, not including law 19
enforcement officers or fire fighters whose positions are funded by grants received 20
from the state or federal government. The 1st class city may use any reasonable 21
method of estimating the number of full-time equivalent law enforcement officers 22
employed by the 1st class city and the daily staffing level of the paid fire department 23
for the year, but may consider only positions that are actually filled".
126. Page 29, line 22
: after “needed." insert “In addition, beginning January 2
1, 2024, the school board of the 1st class city school district that is located in the 1st 3
class city shall ensure that the school resource officers complete the 40-hour course 4
sponsored by the National Association of School Resource Officers.".
527. Page 30, line 13
: after “purposes" insert “, except for an advisory 6
referendum regarding capital expenditures proposed to be funded by the property 7
tax levy of the city, village, or town".
“(am) “Conditional use permit” means a form of approval, including a special 10
exception or other special zoning permission, granted by a political subdivision 11
pursuant to a zoning ordinance for the operation of a quarry.”.