Amendment AA2-AB245

LRBa0160/2

MIM/JK/KP/EVM:all

2023 - 2024 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO ASSEMBLY BILL 245

May 17, 2023 - Offered by Representative Kurtz.

AB245-AA2,1,1 At the locations indicated, amend the bill as follows:

AB245-AA2,1,2 1. Page 13, line 14: after “with" insert “the legislature under s. 13.172 (2), ".

AB245-AA2,1,3 2. Page 14, line 3: delete lines 3 to 25 and substitute:

AB245-AA2,1,5 “ Section 7g. 23.0917 (5t) of the statutes is renumbered 23.0917 (5t) (intro.) and amended to read:

AB245-AA2,2,2 23.0917 (5t) Local governmental resolutions. (intro.) Each city, village, town, or county may adopt a nonbinding resolution that supports or opposes the proposed acquisition of land to be funded by moneys obligated from the appropriation under s. 20.866 (2) (ta) if all or a portion of the land is located in the city, village, town, or county. The department shall provide written notification of the proposed acquisition to each city, village, town, or county in which the land is located. A city, village, town, or county that adopts a resolution under this subsection shall provide the department with a copy of the resolution. If All of the following apply to a resolution under this subsection:

AB245-AA2,2,8 (a) For the proposed acquisition of land located south of USH 8, if the department receives the copy within 30 days after the date that the city, village, town, or county received the notification of the proposed acquisition, the department shall take the resolution into consideration before approving or denying the obligation of moneys for the acquisition from the appropriation under s. 20.866 (2) (ta).

AB245-AA2,7s Section 7s. 23.0917 (5t) (b) of the statutes is created to read:

AB245-AA2,2,15 23.0917 (5t) (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 the appropriation under s. 20.866 (2) (ta) and may not notify the joint committee on finance of the proposal, if required under sub. (6m), unless every city, village, town, or county in which the land is located adopts a resolution under this subsection approving the acquisition by a simple majority vote of the governing body.”.

AB245-AA2,2,16 3. Page 16, line 12: after that line insert:

AB245-AA2,2,22 “(12) There is established in the local government fund a separate account that is designated the “community youth and family aids account” for the improvement and provision of community-based juvenile delinquency-related services under s. 48.526 and juvenile correctional services under s. 301.26 and for reimbursement to counties having a population of less than 750,000 for the cost of court attached intake services as provided in s. 938.06 (4).”.

AB245-AA2,2,23 4. Page 17, line 15: after that line insert:

AB245-AA2,3,2 “ Section 15f. 40.02 (48) (b) 5. of the statutes, as created by 2023 Wisconsin Act 4, is amended to read:

AB245-AA2,3,16 40.02 (48) (b) 5. A “county jailer" is an employee of a county whose principal duties involve supervising, controlling, or maintaining a jail or house of correction or the persons confined in a jail, as assigned by the sheriff under s. 59.27 (1), or the persons confined in a house of correction, as assigned by a county board of supervisors under s. 303.17, regardless of whether the employee has been sworn regarding his or her duties or whether the employee serves on a full-time basis, provided the department receives notification of the participant's name as provided in s. 40.06 (1) (d) and (dm). Notwithstanding par. (a), an employer may classify an employee who is a county jailer as a protective occupation participant under par. (am) 23. without making a determination that the principal duties of the employee involve active law enforcement or active fire suppression or prevention. A determination under this subdivision may not be appealed under s. 40.06 (1) (e) or (em). A county jailer is not a protective occupation participant if he or she so elects with the employer under s. 59.52 (8m) or 2023 Wisconsin Act 4.

AB245-AA2,15m Section 15m. 40.21 (7) (b) of the statutes is amended to read:

AB245-AA2,3,21 40.21 (7) (b) Any municipal employer, other than a 1st class city or county with a population of at least 750,000, that elects to be included within the provisions of the Wisconsin Retirement System under sub. (1) on or after March 2, 2016, may choose not to include any of its public utility employees.”.

AB245-AA2,3,23 5. Page 17, line 18: delete “Advisory and contingent Contingent" and substitute “Advisory and contingent".

AB245-AA2,4,3 6. Page 17, line 21: after “referendum." insert “The board may not conduct a referendum for advisory purposes, except for an advisory referendum regarding capital expenditures proposed to be funded by the county property tax levy.".

AB245-AA2,4,4 7. Page 17, line 22: delete that line and substitute:

AB245-AA2,4,5 “ Section 18m. 59.605 (3) (c) of the statutes is amended to read:

AB245-AA2,4,12 59.605 (3) (c) 1. If a county transfers to another governmental unit responsibility for providing any service that the county provided in the preceding year, the levy rate limit otherwise applicable under this section to the county in the current year is decreased to reflect the cost that the county would have incurred to provide that service, as determined by the department of revenue. The levy rate limit adjustment under this subdivision applies only if the county and transferee governmental unit file a notice of service transfer with the department of revenue.

AB245-AA2,4,19 2. If a county increases the services that it provides by adding responsibility for providing a service transferred to it from another governmental unit in any year, the levy rate limit otherwise applicable under this section to the county in the current year is increased to reflect the cost of that service, as determined by the department of revenue. The levy rate limit adjustment under this subdivision applies only if the county and transferor governmental unit file a notice of service transfer with the department of revenue.”.

AB245-AA2,4,20 8. Page 18, line 2: after “required” insert “normal cost”.

AB245-AA2,4,21 9. Page 18, line 16: after “using" insert “not more than".

AB245-AA2,4,23 10. Page 18, line 19: after “System" insert “for participating employees, as defined in s. 40.02 (46)".

AB245-AA2,5,3 11. Page 18, line 24: after “board." insert “No trustee or administrator of a retirement system of any retirement system established under chapter 201, laws of 1937, shall be subject to liability for complying with this subsection.".

AB245-AA2,5,5 12. Page 19, line 18: after “expenditures." insert “This subsection does not apply if the county is not imposing a tax under s. 77.70 (2) (a).".

AB245-AA2,5,7 13. Page 19, line 21: after “board." insert “This subsection does not apply if the county is not imposing a tax under s. 77.70 (2) (a).".

AB245-AA2,5,8 14. Page 24, line 6: after “submitted" insert “under sub. (1j)".

AB245-AA2,5,9 15. Page 24, line 8: after “submitted" insert “under sub. (1j)".

AB245-AA2,5,13 16. Page 24, line 9: delete the material beginning with “Individuals" and ending with “respectively" on line 15 and substitute “For an appointment that is required to be selected from a list under this subsection, the mayor shall make the appointment within 45 days after receiving a list under sub. (1j).”.

AB245-AA2,5,16 17. Page 25, line 11: after “city." insert “A member of the board may not continue in office after the expiration of his or her term unless the member is reappointed to the board and confirmed by the common council.".

AB245-AA2,5,17 18. Page 25, line 18: after that line insert:

AB245-AA2,5,18 “ Section 37m. 62.50 (1j) of the statutes is created to read:

AB245-AA2,6,7 62.50 (1j) Selection of certain board members. Lists of individuals submitted under sub. (1h) by the employee association that represents nonsupervisory law enforcement officers and the employee association that represents fire fighters for selection shall each contain 3 names. Individuals included in a list under this subsection by an employee association that represents nonsupervisory law enforcement officers or fire fighters shall have professional law enforcement experience or professional fire fighting experience, respectively, and shall be at least 5 years removed from service as a professional law enforcement officer or fire fighter, respectively. Individuals included in a list under this subsection shall be residents of the 1st class city and may not be currently employed by the 1st class city. A list under this subsection shall be provided not more than 3 months after the occurrence of a vacancy in a position to be filled by selection from a list under this subsection.”.

AB245-AA2,6,8 19. Page 27, line 8: after “using” insert “not more than".

AB245-AA2,6,10 20. Page 27, line 10: after “System" insert “for participating employees, as defined in s. 40.02 (46)".

AB245-AA2,6,13 21. Page 27, line 15: after “city." insert “No trustee or administrator of a retirement system of a 1st class city shall be subject to liability for complying with this section.".

AB245-AA2,6,15 22. Page 28, line 10: after “expenditures." insert “This subsection does not apply if the city is not imposing a tax under s. 77.701 (1).".

AB245-AA2,6,17 23. Page 28, line 13: after “council." insert “This subsection does not apply if the city is not imposing a tax under s. 77.701 (1).".

AB245-AA2,6,23 24. Page 29, line 2: after “s. 213.10 (1g)" insert “, not including law enforcement officers or fire fighters whose positions are funded by grants received from the state or federal government. The 1st class city may use any reasonable method of estimating the number of full-time equivalent law enforcement officers employed by the 1st class city and the daily staffing level of the paid fire department for the year, but may consider only positions that are actually filled".

AB245-AA2,6,24 25. Page 29, line 5: after “increase" insert “or maintain".

AB245-AA2,7,4 26. Page 29, line 22: after “needed." insert “In addition, beginning January 1, 2024, the school board of the 1st class city school district that is located in the 1st class city shall ensure that the school resource officers complete the 40-hour course sponsored by the National Association of School Resource Officers.".

AB245-AA2,7,7 27. Page 30, line 13: after “purposes" insert “, except for an advisory referendum regarding capital expenditures proposed to be funded by the property tax levy of the city, village, or town".

AB245-AA2,7,8 28. Page 32, line 14: after that line insert:

AB245-AA2,7,11 “(am) “Conditional use permit” means a form of approval, including a special exception or other special zoning permission, granted by a political subdivision pursuant to a zoning ordinance for the operation of a quarry.”.

AB245-AA2,7,12 29. Page 33, line 11: delete lines 11 to 13 and substitute:

AB245-AA2,7,16 “(2m) Effective dates of certain ordinances. For purposes of sub. (3) (a) 3., the date on which a town or county enacts a zoning ordinance that requires a conditional use permit for a quarry operator to conduct quarry operations is the date the ordinance becomes effective, except as follows:

AB245-AA2,8,3 (a) If a town that previously did not have a general zoning ordinance enacts a general zoning ordinance requiring a conditional use permit to conduct quarry operations and the town ceases to be covered by a county general zoning ordinance that required a conditional use permit to conduct quarry operations, a conditional use permit for a quarry in effect at the time of the transition from county zoning to town zoning shall continue in effect and the conditional use permit shall be treated as if it was originally issued by the town. For purposes of a conditional use permit subject to this paragraph, the date of the adoption of the town ordinance shall be deemed to be the date the conditional use permit was issued by the county but only with respect to requirements that were included in the county ordinance on the date the conditional use permit was issued and that were adopted in the town ordinance.

AB245-AA2,8,15 (b) If a town that has a general zoning ordinance requiring a conditional use permit to conduct quarry operations repeals its zoning ordinance and becomes subject to a county general zoning ordinance under s. 59.69 (5) (c) and the county zoning ordinance requires a conditional use permit to conduct quarry operations, a conditional use permit for a quarry in effect at the time of the transition from town zoning to county zoning shall continue in effect and the conditional use permit shall be treated as if it was originally issued by the county. For purposes of a conditional use permit subject to this paragraph, the date of the adoption of the county ordinance shall be deemed to be the date the conditional use permit was issued by the town but only with respect to requirements that were included in the town ordinance on the date the conditional use permit was issued and that were adopted in the county ordinance.”.

AB245-AA2,8,16 30. Page 33, line 21: delete “zoning" and substitute “conditional use".

AB245-AA2,8,17 31. Page 33, line 24: delete “zoning" and substitute “conditional use".

AB245-AA2,8,18 32. Page 34, line 6: delete “zoning" and substitute “conditional use".

AB245-AA2,8,19 33. Page 37, line 4: after that line insert:

AB245-AA2,8,20 “ Section 52g. 66.0602 (1) (cm) of the statutes is created to read:

AB245-AA2,8,22 66.0602 (1) (cm) “Tax incremental base” has the meaning given in s. 66.1105 (2) (j).

AB245-AA2,52m Section 52m. 66.0602 (1) (d) of the statutes is amended to read:

AB245-AA2,9,7 66.0602 (1) (d) “Valuation factor" means a percentage equal to the greater of either the percentage change in the political subdivision's January 1 equalized value due to new construction less improvements removed between the previous year and the current or zero 0 percent. For a tax incremental district created after December 31, 2024, the valuation factor includes 90 percent of the equalized value increase due to new construction that is located in a tax incremental district, but does not include any improvements removed in a tax incremental district.

AB245-AA2,52s Section 52s. 66.0602 (1) (e) of the statutes is created to read:

AB245-AA2,9,9 66.0602 (1) (e) “Value increment” has the meaning given in s. 66.1105 (2) (m).”.

AB245-AA2,9,10 34. Page 37, line 5: delete that line and substitute:

AB245-AA2,9,11 “ Section 53g. 66.0602 (3) (a) of the statutes is amended to read:

AB245-AA2,9,19 66.0602 (3) (a) If a political subdivision transfers to another governmental unit responsibility for providing any service that the political subdivision provided in the preceding year, the levy increase limit otherwise applicable under this section to the political subdivision in the current year is decreased to reflect the cost that the political subdivision would have incurred to provide that service, as determined by the department of revenue. The levy increase limit adjustment under this paragraph applies only if the transferor and transferee file a notice of service transfer with the department of revenue.

AB245-AA2,53s Section 53s. 66.0602 (3) (b) of the statutes is amended to read:

AB245-AA2,9,24 66.0602 (3) (b) If a political subdivision increases the services that it provides by adding responsibility for providing a service transferred to it from another governmental unit that provided the service in the preceding year, the levy increase limit otherwise applicable under this section to the political subdivision in the current year is increased to reflect the cost of that service, as determined by the department of revenue. The levy increase limit adjustment under this paragraph applies only if the transferor and transferee file a notice of service transfer with the department of revenue.”.

AB245-AA2,10,5 35. Page 37, line 5: after that line insert:

AB245-AA2,10,6 “ Section 53d. 66.0602 (3) (dm) of the statutes is amended to read:

AB245-AA2,10,17 66.0602 (3) (dm) If For a tax incremental district created before January 1, 2025, if the department of revenue does not certify a value increment for a tax incremental district for the current year as a result of the district's termination, the levy increase limit otherwise applicable under this section in the current year to the political subdivision in which the district is located is increased by an amount equal to the political subdivision's maximum allowable levy for the immediately preceding year, multiplied by a percentage equal to 50 percent of the amount determined by dividing the value increment of the terminated tax incremental district, calculated for the previous year, by the political subdivision's equalized value, exclusive of any tax incremental district value increments, for the previous year, all as determined by the department of revenue.

AB245-AA2,53h Section 53h. 66.0602 (3) (dq) of the statutes is created to read:

AB245-AA2,10,24 66.0602 (3) (dq) 1. For a tax incremental district created after December 31, 2024, if the department of revenue does not certify a value increment for the tax incremental district for the current year as a result of the district's termination, the levy increase limit otherwise applicable under this section in the current year to the political subdivision in which the district is located is increased by all of the following amounts:

AB245-AA2,11,6 a. An amount equal to the political subdivision's maximum allowable levy for the immediately preceding year, multiplied by the amount determined by dividing 10 percent of the equalized value increase of the terminated tax incremental district, calculated as provided in subd. 2., by the political subdivision's equalized value, less any tax incremental district value increments, for the previous year, all as determined by the department of revenue.

AB245-AA2,11,16 b. If the life span of the tax incremental district was 75 percent or less of the length of the expected life span of the tax incremental district, measured as the period between the year the tax incremental district was created and the expected year of termination, as designated under s. 66.1105 (4m) (b) 2m, an additional amount equal to the political subdivision's maximum allowable levy for the immediately preceding year, multiplied by the amount determined by dividing 15 percent of the equalized value increase of the terminated tax incremental district, calculated as provided in subd. 2., by the political subdivision's equalized value, less any tax incremental district value increments, for the previous year, all as determined by the department of revenue.

AB245-AA2,11,19 2. The equalized value increase under subd. 1. and par. (dv) is calculated by adding the annual amounts reported under s. 66.1105 (6m) (c) 8. of the value of new construction in the district for each year that the district is active.

AB245-AA2,53p Section 53p. 66.0602 (3) (ds) of the statutes is amended to read: