Amendment ASA1-AB245

AB245-ASA1,73,4 79.015 Statement of estimated payments. The department of revenue, on or before September 15 of each year, shall provide to each municipality and county a statement of estimated payments to be made in the next calendar year to the municipality or county under ss. 79.035, 79.036, 79.04, and 79.05.

AB245-ASA1,153 Section 153. 79.02 (2) (b) of the statutes is amended to read:

AB245-ASA1,73,11 79.02 (2) (b) Subject to ss. 59.605 (4) and 70.995 (14) (b), payments in July shall equal 15 percent of the municipality's or county's estimated payments under ss. 79.035 and 79.04, 50 percent of the municipality's or county's estimated payments under s. 79.036, and 100 percent of the municipality's estimated payments under s. 79.05. Upon certification by the department of revenue, the estimated payment under s. 79.05 may be distributed before the 4th Monday in July.

AB245-ASA1,154 Section 154. 79.02 (3) (a) of the statutes is renumbered 79.02 (3) and amended to read:

AB245-ASA1,73,17 79.02 (3) Subject to s. 59.605 (4), payments to each municipality and county in November shall equal that municipality's or county's entitlement under ss. 79.035, 79.036, 79.04, and 79.05 for the current year, minus the amount distributed to the municipality or county under sub. (2) (b).

AB245-ASA1,155 Section 155. 79.036 of the statutes is created to read:

AB245-ASA1,73,22 79.036 Supplemental county and municipal aid. (1) In this section, “qualifying public safety expenditures” means amounts expended by a county or municipality for the purposes of law enforcement, fire protection, or ambulance and emergency medical services, as reported to the department under s. 73.10.

AB245-ASA1,73,25 (2) (a) Beginning with the distributions in 2024, each county shall receive in each year a payment equal to the sum of the amounts determined under pars. (b), (c), and (d) from the supplemental county aid account.

AB245-ASA1,74,2 (b) Each county shall receive an amount equal to 10 percent of the amount received by the county in that year under s. 79.035.

AB245-ASA1,74,9 (c) Each county shall receive a public safety matching aid payment under this paragraph. The total amount to be distributed to counties under this paragraph is an amount equal to 60 percent of the difference resulting from subtracting the total amount distributed to counties under par. (b) from the amount for the year in the supplemental county aid account under s. 25.491 (2). The department of revenue shall calculate the payment under this paragraph for each county as the sum of the following amounts:

AB245-ASA1,74,10 1. Ten thousand dollars.

AB245-ASA1,74,11 2. The amount calculated as follows:

AB245-ASA1,74,13 a. Subtract the total amount to be distributed to counties under subd. 1. from the total amount to be distributed to counties under this paragraph.

AB245-ASA1,74,15 b. Divide the amount determined under subd. 2. a. by the most recent 3-year average of total qualifying public safety expenditures by all counties in the state.

AB245-ASA1,74,17 c. Multiply the amount determined under subd. 2. b. by the most recent 3-year average of qualifying public safety expenditures for the county.

AB245-ASA1,74,23 (d) Each county shall receive a per capita aid payment under this paragraph. The total amount to be distributed to counties under this paragraph is an amount equal to 40 percent of the difference resulting from subtracting the total amount distributed to counties under par. (b) from the amount for the year in the supplemental county aid account under s. 25.491 (2). Each county shall receive a payment under this paragraph calculated as follows:

AB245-ASA1,74,25 1. Divide the total amount to be distributed to counties under this paragraph by the state's total population.

AB245-ASA1,75,1 2. Multiply the amount determined under subd. 1. by the county's population.

AB245-ASA1,75,5 (3) (a) Beginning with the distributions in 2024, subject to par. (e) 1. b., each municipality shall receive in each year a payment equal to the sum of the amounts determined under pars. (b), (c), (d), and (e) from the supplemental municipal aid account.

AB245-ASA1,75,7 (b) Each municipality shall receive an amount equal to 10 percent of the amount received by the municipality in that year under s. 79.035.

AB245-ASA1,75,14 (c) Each municipality shall receive a public safety matching aid payment under this paragraph. The total amount to be distributed to municipalities under this paragraph is an amount equal to 60 percent of the difference resulting from subtracting the total amount distributed to municipalities under par. (b) from the amount for the year in the supplemental municipal aid account under s. 25.491 (3). The department of revenue shall calculate the payment under this paragraph for each municipality as the sum of the following amounts:

AB245-ASA1,75,15 1. Ten thousand dollars.

AB245-ASA1,75,16 2. The amount calculated as follows:

AB245-ASA1,75,18 a. Subtract the total amount to be distributed to municipalities under subd. 1. from the total amount to be distributed to municipalities under this paragraph.

AB245-ASA1,75,21 b. Divide the amount determined under subd. 2. a. by the most recent 3-year average of total qualifying public safety expenditures by all municipalities in the state.

AB245-ASA1,75,23 c. Multiply the amount determined under subd. 2. b. by the most recent 3-year average of qualifying public safety expenditures for the municipality.

AB245-ASA1,76,5 (d) Each municipality shall receive a per capita aid payment under this paragraph. The total amount to be distributed to municipalities under this paragraph is an amount equal to 40 percent of the difference resulting from subtracting the total amount distributed to municipalities under par. (b) from the amount for the year in the supplemental municipal aid account under s. 25.491 (3). Each municipality shall receive a payment under this paragraph calculated as follows:

AB245-ASA1,76,7 1. Divide the total amount to be distributed to municipalities under this paragraph by the state's total population.

AB245-ASA1,76,9 2. Multiply the amount determined under subd. 1. by the municipality's population.

AB245-ASA1,76,16 (e) 1. a. Beginning with the distributions in 2024, if the total payments to a municipality under pars. (b), (c), and (d) are greater than 12 percent of the total amount for the year in the supplemental municipal aid account under s. 25.491 (3), the municipality has an aids excess. The amount of the aids excess is the amount by which the total payments to the municipality under pars. (b), (c), and (d) exceeds an amount equal to 12 percent of the total amount for the year in the supplemental municipal aid account under s. 25.491 (3).

AB245-ASA1,76,19 b. Beginning with the distributions in 2024, if a municipality has an aids excess, an amount equal to the aids excess shall be withheld from the payments under this subsection to fund payments in that year under subd. 2.

AB245-ASA1,76,24 2. Beginning with the distributions in 2024, if any amounts are withheld under subd. 1. b., each municipality that does not have an aids excess shall receive a payment from the amounts withheld under subd. 1. b. in proportion to the fraction of the total amount of payments under pars. (b), (c), and (d), excluding all payments received by municipalities with an aids excess, received by the municipality.

AB245-ASA1,156 Section 156. 79.05 (2) (c) of the statutes is amended to read:

AB245-ASA1,77,21 79.05 (2) (c) Its municipal budget; exclusive of principal and interest on long-term debt and exclusive of revenue sharing payments under s. 66.0305, payments of premiums under s. 66.0137 (5) (c) 1. and 1m., payments received under s. 79.036, expenditures of payments due to the termination of a tax incremental district under s. 79.096 (3), recycling fee payments under s. 289.645, expenditures of grant payments under s. 16.297 (1m), unreimbursed expenses related to an emergency declared under s. 323.10, expenditures from moneys received pursuant to P.L. 111-5, and expenditures made pursuant to a purchasing agreement with a school district whereby the municipality makes purchases on behalf of the school district; for the year of the statement under s. 79.015 increased over its municipal budget as adjusted under sub. (6); exclusive of principal and interest on long-term debt and exclusive of revenue sharing payments under s. 66.0305, payments of premiums under s. 66.0137 (5) (c) 1. and 1m., payments received under s. 79.036, expenditures of payments due to the termination of a tax incremental district under s. 79.096 (3), recycling fee payments under s. 289.645, expenditures of grant payments under s. 16.297 (1m), unreimbursed expenses related to an emergency declared under s. 323.10, expenditures from moneys received pursuant to P.L. 111-5, and expenditures made pursuant to a purchasing agreement with a school district whereby the municipality makes purchases on behalf of the school district; for the year before that year by less than the sum of the inflation factor and the valuation factor, rounded to the nearest 0.10 percent.

AB245-ASA1,157 Section 157 . 79.096 (1) of the statutes is renumbered 79.096 (1) (a).

AB245-ASA1,158 Section 158 . 79.096 (1) (b) of the statutes is created to read:

AB245-ASA1,78,2 79.096 (1) (b) Beginning in 2025, and in each year thereafter, the department of administration shall pay to each taxing jurisdiction, as defined in s. 79.095 (1) (c), an amount equal to the property taxes levied on the items of personal property described under s. 70.111 (28) for the property tax assessments as of January 1, 2023.

AB245-ASA1,159 Section 159 . 79.096 (2) (a) of the statutes is renumbered 79.096 (2) (a) (intro.) and amended to read:

AB245-ASA1,78,7 79.096 (2) (a) (intro.) Each municipality shall report to the department of revenue, in the time and manner determined by the department, the all of the following:

AB245-ASA1,78,10 1. The amount of the property taxes levied on the items of personal property described under s. 70.111 (27) (b) for the property tax assessments as of January 1, 2017, on behalf of the municipality and on behalf of other taxing jurisdictions.

AB245-ASA1,160 Section 160 . 79.096 (2) (a) 2. of the statutes is created to read:

AB245-ASA1,78,15 79.096 (2) (a) 2. The amount of the property taxes levied on the items of personal property described under s. 70.111 (28) for the property tax assessments as of January 1, 2023, on behalf of the municipality and on behalf of other taxing jurisdictions.

AB245-ASA1,161 Section 161 . 79.096 (2) (c) of the statutes is created to read:

AB245-ASA1,78,20 79.096 (2) (c) If a municipality does not timely electronically file the report required by the department of revenue under par. (a), the following reductions shall be made to the municipality's personal property aid distributed under sub. (1) (b) in 2025:

AB245-ASA1,78,21 1. Reduction of 25 percent, if not filed by June 30, 2024.

AB245-ASA1,78,23 2. Forfeiture of the municipality's aid under sub. (1) (b), if not filed by July 15, 2024.

AB245-ASA1,162 Section 162 . 79.096 (2) (d) of the statutes is created to read:

AB245-ASA1,79,4 79.096 (2) (d) If a municipality does not electronically file the report required by the department of revenue under par. (a) by July 15, 2024, the department may use the best information available to calculate the aid to distribute under sub. (1) (b) in 2025 to the applicable taxing jurisdictions.

AB245-ASA1,163 Section 163 . 174.065 (3) of the statutes is amended to read:

AB245-ASA1,79,10 174.065 (3) Collection of delinquent dog license taxes. Delinquent dog license taxes may be collected in the same manner as in s. 74.55 and a civil action under ch. 799 for the collecting of personal property taxes, if the action is brought within 6 years after the January 1 of the year in which the taxes are required to be paid.

AB245-ASA1,164 Section 164 . 256.15 (1) (ij) of the statutes is created to read:

AB245-ASA1,79,13 256.15 (1) (ij) “Interfacility transport” means any transfer of a patient between health care facilities or any nonemergent transfer of a patient.

AB245-ASA1,165 Section 165 . 256.15 (4) (a) 4. of the statutes is created to read:

AB245-ASA1,79,18 256.15 (4) (a) 4. If the ambulance is engaged in a nonemergent interfacility transport, one emergency medical technician who is in the patient compartment during transport of the patient and one individual who has a certification in cardiopulmonary resuscitation, through a course approved by the department.

AB245-ASA1,166 Section 166 . 256.15 (4m) (d) of the statutes is amended to read:

AB245-ASA1,80,2 256.15 (4m) (d) A rural ambulance service provider that is intending to upgrade its service under par. (b) shall submit to the department an update to its operational plan including a description of its intention to upgrade. The department may not require a rural ambulance service provider to stock an ambulance with equipment to perform all functions that the emergency medical services practitioner with the highest level of license may perform in order to upgrade the ambulance service level under par. (b).

AB245-ASA1,167 Section 167 . 256.15 (8) (b) 3. of the statutes is amended to read:

AB245-ASA1,80,15 256.15 (8) (b) 3. The individual satisfactorily completes an emergency medical responder course that meets or exceeds the guidelines issued by the National Highway Traffic Safety Administration under 23 CFR 1205.3 (a) (5), that includes training for response to acts of terrorism, and that is approved by the department. Any relevant education, training, instruction, or other experience that an applicant for initial certification as an emergency medical responder who is not affiliated with an ambulance service provider or emergency medical services program obtained in connection with any military service, as defined in s. 111.32 (12g), satisfies the completion of an emergency medical responder course, if the applicant demonstrates to the satisfaction of the department that the education, training, instruction, or other experience obtained by the applicant is substantially equivalent to the emergency medical responder course.

AB245-ASA1,168 Section 168 . 256.15 (8) (bm) of the statutes is created to read:

AB245-ASA1,80,23 256.15 (8) (bm) The department may not require an applicant for certification as an emergency medical responder to register with or take the examination of the national registry of emergency medical technicians. An ambulance service provider or another emergency medical services program may require an emergency medical responder to register with or take the examination of the national registry of emergency medical technicians as a condition of being employed by or volunteering with the provider or program.

AB245-ASA1,169 Section 169 . 256.15 (8) (fm) of the statutes is created to read:

AB245-ASA1,81,9 256.15 (8) (fm) Except as provided in ss. 256.17 and 256.18, the department shall issue a certificate as an emergency medical responder, without requiring satisfactory completion of any instruction or training that may be required under par. (b), to any individual who meets the criteria under par. (b) 1. and 2. and has obtained relevant education, training, and experience in connection with military service, as defined in s. 111.32 (12g). The determination of whether an individual has obtained relevant education, training, and experience is solely within the discretion of the ambulance service provider or emergency medical services program with which the individual intends to be employed or to volunteer.

AB245-ASA1,170 Section 170 . 256.15 (10m) of the statutes is created to read:

AB245-ASA1,81,16 256.15 (10m) Exclusive arrangements prohibited. An ambulance service provider or emergency medical services program may not prohibit an emergency medical responder or emergency medical services practitioner who is employed by or volunteering with the ambulance service provider or emergency medical services program from being employed by or volunteering with another ambulance service provider or emergency medical services program.

AB245-ASA1,171 Section 171. 706.05 (2m) (b) 3. of the statutes is created to read:

AB245-ASA1,81,18 706.05 (2m) (b) 3. Descriptions of property specified under s. 70.17 (3).

AB245-ASA1,172 Section 172 . 815.18 (3) (intro.) of the statutes is amended to read:

AB245-ASA1,81,22 815.18 (3) Exempt property. (intro.) The debtor's interest in or right to receive the following property is exempt, except as specifically provided in this section and ss. 70.20 (2), 71.91 (5m) and (6), 74.55 (2) and 102.28 (5):

AB245-ASA1,173 Section 173 . 978.05 (6) (a) of the statutes is amended to read:

AB245-ASA1,82,11 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 89.08, 103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

AB245-ASA1,174 Section 174 . Laws of 1937, chapter 201, section 1 (4), as last affected by laws of 1947, chapter 357, is amended to read:

AB245-ASA1,83,3 [Laws of 1937, chapter 201] Section 1 (4) “Employe" shall mean any person regularly employed by the county at an annual wage or salary payable at stated intervals, including any person who is employed by the state but who receives part of his wage or salary from the county * * *, but not including any person in the service of a county with a population of at least 750,000 who had never been employed by the county in a position covered by the county retirement system, who was, as of January 1 of the year following the county's election to join the Wisconsin Retirement System under s. 40.21 (1) of the statutes, not employed by the county, and who is hired after January 1 of the year following the county's election to join the Wisconsin Retirement System under s. 40.21 (1) of the statutes. In the event of a question arising as to the right of any person in the service of the county to be classified as an employe under this act, the decision of the board shall be final. “ Employe” does not include any individual eligible to participate in a retirement plan established by a county with a population of at least 750,000 under the federal Omnibus Budget Reconciliation Act of 1990.

AB245-ASA1,175 Section 175 . Laws of 1937, chapter 201, section 14A is created to read:

AB245-ASA1,83,14 [Laws of 1937, chapter 201] Section 14A. Termination of retirement system. The board of a system in a county with a population of at least 750,000 shall terminate the retirement system within a practicable time after the final payment has been made to members or their beneficiaries, in accordance with any requirements of the federal Internal Revenue Code. At no time after July 1, 2023, or the effective date of this section .... [LRB inserts date], whichever is later, may a county create a new retirement system under chapter 201, laws of 1937. This section does not apply to any individual eligible to participate in a retirement plan established by a county with a population of at least 750,000 under the Omnibus Budget Reconciliation Act of 1990.

AB245-ASA1,176 Section 176 . Laws of 1937, chapter 201, section 21, as created by laws of 1965, chapter 405, is amended to read:

AB245-ASA1,84,10 [Laws of 1937, chapter 201] Section 21. For the purpose of best protecting the employes subject to this act by granting supervisory authority over each retirement system created hereunder to the governmental unit most involved therewith, it is declared to be the legislative policy that the future operation of each such retirement system is a matter of local affair and government and shall not be construed to be a matter of state-wide concern. Each county which is required to establish and maintain a retirement system pursuant to this act is hereby empowered, by county ordinance, to make any changes in such retirement system which hereafter may be deemed necessary or desirable for the continued operation of such retirement system, but no such change shall operate to diminish or impair the annuities, benefits or other rights of any person who is a member of such retirement system prior to the effective date of any such change. In a county with a population of at least 750,000 that has established a retirement system pursuant to this act, the county and board shall continue to amend, create, and repeal ordinances and rules, administer benefits, discharge their duties with respect to the retirement system, and take any other actions necessary to administer the system and maintain the qualified tax status of the system under the federal Internal Revenue Code until the plan is terminated under section 14A of this act. The county and board may not make any enhancements to the benefits for employes who remain in the retirement system.

AB245-ASA1,177 Section 177. Laws of 1937, chapter 396, section 1 (3) (b) is amended to read:

AB245-ASA1,84,20 [Laws of 1937, chapter 396] Section 1 (3) (b). “City agency” shall mean any board, commission, division, department, office or agency of the city government, including its sewerage commission, school board, auditorium board, fire and police departments, annuity and pension board, board of vocational and adult education, Wisconsin Center District, housing authority, water department, Veolia Milwaukee with respect to employes who are participants in the retirement system of Milwaukee on the effective date of this paragraph .... [LRB inserts date], and public school teachers' annuity and retirement fund, by which an employe of the city or city agency is paid.

AB245-ASA1,178 Section 178 . Laws of 1937, chapter 396, section 1 (4) (e) 2m. is created to read:

AB245-ASA1,85,3 [Laws of 1937, chapter 396] Section 1 (4) (e) 2m. Who are in the service of a city of the first class, or a city agency of a city of the first class in a county with a population of at least 750,000; who as of January 1 of the year following the city's election to join the Wisconsin Retirement System under s. 40.21 (1) of the statutes, had never been employees of the city or an agency of the city; and who are hired after January 1 of the year following the city's election to join the Wisconsin Retirement System under s. 40.21 (1) of the statutes.

AB245-ASA1,179 Section 179 . Laws of 1937, chapter 396, section 15 (1), as created by laws of 1947, chapter 441, is amended to read:

AB245-ASA1,85,23 [Laws of 1937, chapter 396] Section 15 (1) For the purpose of giving to cities of the first class the largest measure of self-government with respect to pension annuity and retirement systems compatible with the constitution and general law, it is hereby declared to be the legislative policy that all future amendments and alterations to this act are matters of local affair and government and shall not be construed as an enactment of state-wide concern. Cities of the first class are hereby empowered to amend or alter the provisions of this act in the manner prescribed by section 66.01 of the statutes; provided that no such amendment or alteration shall modify the annuities, benefits or other rights of any persons who are members of the system prior to the effective date of such amendment or alteration. In a city of the first class in a county with a population of at least 750,000 that has established a retirement system pursuant to this act, the city and board shall continue to amend, create, and repeal ordinances and rules, administer benefits, discharge their duties with respect to the retirement system, and take any other actions necessary to administer the system and maintain the qualified tax status of the system under the federal Internal Revenue Code until the plan is terminated under section 16A of this act. The city and board may not make any enhancements to the benefits for employes who remain in the retirement system.

AB245-ASA1,180 Section 180 . Laws of 1937, chapter 396, section 16A is created to read:

AB245-ASA1,86,6 [Laws of 1937, chapter 396] Section 16A. Termination of retirement system. The retirement system shall be terminated within a practicable time after the final payment has been made to members or their beneficiaries, in accordance with any requirements of the federal Internal Revenue Code. At no time after July 1, 2023, or the effective date of this section .... [LRB inserts date], whichever is later, may a city create a retirement system under chapter 396, laws of 1937.

AB245-ASA1,181 Section 181 . Nonstatutory provisions.

AB245-ASA1,86,11 (1) Reports from taxing jurisdictions. Each taxing jurisdiction shall report to the department of revenue, in the time and manner determined by the department, the amount of the property taxes levied on all items of personal property for the property tax assessments as of January 1, 2023.

AB245-ASA1,86,16 (2) Statewide concern. Notwithstanding any provision of laws of 1937, chapters 201 and 396, and subsequent amendments to those laws, the treatment of ss. 59.875 (4) and 62.625 and of laws of 1937, chapter 201, sections 1 (4), 14A, and 21, and chapter 396, sections 1 (3) (b) and (4) (e) 2m., 15 (1), and 16A is a matter of statewide concern and is not a matter of local affair or government.

AB245-ASA1,86,22 (3) Milwaukee city and county retirement systems. As soon as possible after the city or county of Milwaukee makes an election to join the Wisconsin Retirement System under s. 40.21 (1), the city of Milwaukee employes' retirement system and the Milwaukee county retirement plan shall submit to the legislative reference bureau for publication in the Wisconsin Administrative Register a notice specifying the date the election was made.

AB245-ASA1,182 Section 182. Fiscal changes.