AB245: Bill Text

AB245,115,18 2. If in any year a county that imposes the tax under s. 77.70 (2) uses the revenue from that tax for an expenditure that is not authorized under s. 77.70 (2), the department of revenue shall reduce the county's total of payments under ss. 79.035, 79.036, and 79.037 for that year by the amount of the unauthorized expenditure and direct the department of administration to pay to the county the reduced amount.

AB245,115,25 (b) 1. If in any year a municipality that imposes the tax under s. 77.701 fails to make the contribution to its retirement system's unfunded actuarial accrued liability, as required under s. 77.701 (1), the department of revenue shall reduce the municipality's total of payments under ss. 79.035, 79.036, and 79.037 for that year by the amount of the unpaid contribution and direct the department of administration to pay that amount towards the retirement system's unfunded actuarial accrued liability.

AB245,116,6 2. If in any year a municipality that imposes the tax under s. 77.701 uses the revenue from that tax for an expenditure that is not authorized under s. 77.701, the department of revenue shall reduce the municipality's total of payments under ss. 79.035, 79.036, and 79.037 for that year by the amount of the unauthorized expenditure and direct the department of administration to pay to the municipality the reduced amount.

AB245,216 Section 216. 79.05 (2) (c) of the statutes is amended to read:

AB245,117,7 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. 79.038, 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, grants received from the state or federal government for the purpose of providing law enforcement, fire protection, or emergency medical services, 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. 79.038, 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, grants received from the state or federal government for the purpose of providing law enforcement, fire protection, or emergency medical services, 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.

AB245,217 Section 217. 79.05 (3) (d) of the statutes is amended to read:

AB245,117,10 79.05 (3) (d) Multiply the amount under par. (c) by the amount for the year under s. 79.01 (1), 2021 stats.

AB245,218 Section 218. 79.0965 of the statutes is created to read:

AB245,117,16 79.0965 State aid; repeal of personal property tax. (1) Beginning in 2025, 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.

AB245,117,21 (2) (a) Each municipality shall report to the department of revenue, in the time and manner determined by the department, 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.

AB245,117,24 (b) Each taxing jurisdiction shall report to the department of revenue, in the time and manner determined by the department, any information the department considers necessary to administer this section.

AB245,118,3 (c) If a municipality does not timely electronically file the report required by the department of revenue under par. (a), the following reductions will be made to the municipality's personal property aid distributed under sub. (1) in 2025:

AB245,118,4 1. Reduction of 25 percent, if not filed by June 30, 2024.

AB245,118,6 2. Forfeiture of the municipality's aid under sub. (1), if not filed by July 15, 2024.

AB245,118,10 (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) in 2025 to the applicable taxing jurisdictions.

AB245,118,16 (3) Each taxing jurisdiction shall attribute to each tax incremental district within the taxing jurisdiction the district's proportionate share of the amount the taxing jurisdiction receives under sub. (1). The amount that would have been paid to a tax incremental district under this subsection shall be distributed to the municipality and applicable taxing jurisdictions in the year following the termination of the tax incremental district and in each year thereafter.

AB245,219 Section 219 . 101.02 (7y) of the statutes is created to read:

AB245,118,19 101.02 (7y) (a) In this subsection, “quarry” has the meaning given in s. 66.0441 (2) (g).

AB245,118,22 (b) Notwithstanding sub. (7) (a), and except as provided in this subsection and s. 66.0441 (3) (d), a city, village, town, or county may not make or enforce a local order that limits blasting at a quarry.

AB245,119,4 (c) A city, village, town, or county may petition the department for an order granting the city, village, town, or county the authority to impose additional restrictions and requirements related to blasting on the operator of a quarry. If a city, village, town, or county submits a petition under this paragraph because of concerns regarding the potential impact of blasting on a qualified historic building, as defined in s. 101.121 (2) (c), the department may require the operator of the quarry to pay the costs of an impact study related to the qualified historic building.

AB245,119,9 (d) If the department issues an order under this subsection, the order may grant the city, village, town, or county the authority to impose restrictions and requirements related to blasting at the quarry that are more restrictive than the requirements under s. 101.15 related to blasting and rules promulgated by the department under s. 101.15 (2) (e) related to blasting.

AB245,119,11 (e) The department may not charge a fee to a city, village, town, or county in connection with a petition submitted under par. (c).

AB245,220 Section 220 . 115.385 (1) (e) of the statutes is created to read:

AB245,119,14 115.385 (1) (e) All of the following information derived from statistics reported under s. 118.124:

AB245,119,16 1. The total number of incidents per 100 pupils reported by the school or school district.

AB245,119,17 2. The average total number of incidents per 100 pupils reported statewide.

AB245,119,19 3. The total number of incidents listed under s. 118.124 (2) (a) 1., 2., 4., and 8. per 100 pupils reported by the school or school district.

AB245,119,21 4. The average total number of incidents listed under s. 118.124 (2) (a) 1., 2., 4., and 8. per 100 pupils reported statewide.

AB245,221 Section 221 . 115.385 (1g) (g) of the statutes is created to read:

AB245,119,24 115.385 (1g) (g) The department may not consider the statistics reported by a school or school district under s. 118.124.

AB245,222 Section 222 . 118.124 of the statutes is created to read:

AB245,120,2 118.124 Statistics of crimes and other safety-related incidents. (1) In this section:

AB245,120,4 (a) “Participating private high school" means a private school participating in a parental choice program under s. 118.60 or 119.23 that operates high school grades.

AB245,120,6 (b) “Public high school" means a public school, including a charter school, that operates high school grades.

AB245,120,9 (2) (a) Subject to par. (b), beginning in the 2024-25 school year, a public high school and a participating private high school shall collect and maintain statistics of incidents of the following:

AB245,120,10 1. Homicide.

AB245,120,11 2. Sexual assault.

AB245,120,12 3. Burglary, robbery, or theft.

AB245,120,13 4. Battery, substantial battery, or aggravated battery under s. 940.19.

AB245,120,14 5. Arson.

AB245,120,16 6. Use or possession of alcohol, a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).

AB245,120,17 7. Possession of a firearm in violation of s. 948.605 (2).

AB245,120,18 8. A violation of a municipal ordinance relating to disorderly conduct.

AB245,120,20 (b) The requirement under par. (a) applies only to an incident that satisfies all of the following:

AB245,120,22 1. The incident occurred Monday to Friday between the hours of 6 a.m. and 10 p.m.

AB245,120,23 2. The incident occurred on one of the following:

AB245,121,3 a. Property owned or leased by the school district in which the public high school is located, by the operator of the charter school, or by the governing body of the participating private high school.

AB245,121,6 b. Transportation, including all of the methods of transportation described in ss. 121.55 and 121.555, provided by the public high school, participating private high school, or school district.

AB245,121,8 3. The incident was reported to law enforcement, and, as a result of the incident, a charge was filed or a citation was issued.

AB245,121,15 (3) (a) Annually, each public high school in a school district other than a charter school established under s. 118.40 (2r) or (2x) shall report the statistics collected under sub. (2) to the school board. Annually, by July 31, each school board shall submit to the department a report that includes the statistics reported under this paragraph by each public high school in the school district and aggregate statistics collected under sub. (2) for all of the public high schools in the school district other than charter schools established under s. 118.40 (2r) or (2x).

AB245,121,19 (b) Annually, by July 31, each operator of a charter school established under s. 118.40 (2r) or (2x) that operates high school grades and the governing body of each participating private high school shall submit to the department the statistics the operator or governing body collected under sub. (2).

AB245,121,22 (c) No school board, operator of a charter school established under s. 118.40 (2r) or (2x), or governing body of a participating private high school may include the identity of a pupil in a report under this subsection.

AB245,122,2 (4) The department shall promulgate rules to administer this section, including a rule that requires public high schools, participating private high schools, and school districts to collect and report statistics of incidents under this section in accordance with the uniform crime reporting system of the department of justice.

AB245,122,5 (5) The department of justice shall cooperate with the department to develop a reporting system under this section that incorporates the uniform crime reporting system of the department of justice.

AB245,223 Section 223. 119.04 (1) of the statutes is amended to read:

AB245,122,19 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.124, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.2935, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.

AB245,224 Section 224 . 174.065 (3) of the statutes is amended to read:

AB245,122,25 174.065 (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.

AB245,225 Section 225. 252.03 (2j) of the statutes is created to read:

AB245,123,7 252.03 (2j) A local health officer may not issue a mandate to close any business in order to control an outbreak or epidemic of communicable disease for longer than 14 days unless the governing body of the political subdivision in which the order is intended to apply approves an extension of the order, with each extension not to exceed 14 days. In this subsection, “political subdivision” means a city, village, town, or county.

AB245,226 Section 226 . 256.15 (1) (ij) of the statutes is created to read:

AB245,123,10 256.15 (1) (ij) “Interfacility transport” means any transfer of a patient between health care facilities or any nonemergent transfer of a patient.

AB245,227 Section 227 . 256.15 (4) (a) 4. of the statutes is created to read:

AB245,123,15 256.15 (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.

AB245,228 Section 228 . 256.15 (4m) (d) of the statutes is amended to read:

AB245,123,23 256.15 (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).

AB245,229 Section 229 . 256.15 (8) (b) 3. of the statutes is amended to read:

AB245,124,12 256.15 (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.

AB245,230 Section 230 . 256.15 (8) (bm) of the statutes is created to read:

AB245,124,20 256.15 (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.

AB245,231 Section 231 . 256.15 (8) (fm) of the statutes is created to read:

AB245,125,5 256.15 (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.

AB245,232 Section 232 . 256.15 (10m) of the statutes is created to read:

AB245,125,12 256.15 (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.

AB245,233 Section 233 . 256.35 (3s) (bm) 5. of the statutes is created to read:

AB245,125,17 256.35 (3s) (bm) 5. Public safety answering points are eligible to receive a grant under subd. 1. without regard as to whether the public safety answering point is located in a county that is participating in an emergency services IP network contract described under par. (b).

AB245,234 Section 234. 706.05 (2m) (b) 3. of the statutes is created to read:

AB245,125,19 706.05 (2m) (b) 3. Descriptions of property specified under s. 70.17 (3).

AB245,235 Section 235 . 815.18 (3) (intro.) of the statutes is amended to read:

AB245,125,23 815.18 (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):

AB245,236 Section 236 . 978.05 (6) (a) of the statutes is amended to read:

AB245,126,13 978.05 (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.

AB245,237 Section 237 . Laws of 1937, chapter 201, section 1 (4), as last affected by laws of 1947, chapter 357, is amended to read:

AB245,127,12 [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 was never an employe of the county on or before December 31 of the year that an ordinance is adopted under s. 77.70 (2) (a) of the statutes, in a county with a population of at least 750,000, (a) who was never an employe of the county on or before December 31 of the year that an ordinance is adopted under s. 77.70 (2) (a) of the statutes and who is hired as an employe of the county after that date; or (b) who was an employe of the county before December 31 of the year that an ordinance is adopted under s. 77.70 (2) (a) of the statutes, separated from county employment before December 31 of the year that an ordinance is adopted under s. 77.70 (2) (a) of the statutes, and withdrew their contributions to the retirement system in relation to that separation from employment before December 31 of the year that an ordinance is adopted under s. 77.70 (2) (a) of the statutes, and is hired after December 31 of the year that an ordinance is adopted under s. 77.70 (2) (a) 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.

AB245,238 Section 238 . Laws of 1937, chapter 201, section 14A is created to read:

AB245,127,23 [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.

AB245,239 Section 239 . Laws of 1937, chapter 201, section 21, as created by laws of 1965, chapter 405, is amended to read:

AB245,128,19 [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 changes to the benefits for employes who remain in the retirement system.

AB245,240 Section 240. Laws of 1937, chapter 396, section 1 (3) (b) is amended to read: