AB245: Bill Text Engrossed

AB245-engrossed,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-engrossed,139,10 [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 not an active employe of the county on December 31 of the year that an ordinance goes into effect under s. 77.70 (2) (a) of the statutes, and who is hired by the county after December 31 of the year that an ordinance goes into effect under s. 77.70 (2) (a) of the statutes with respect to the position to which the person is hired after that date, irrespective of whether the person was previously an employe of the county. Such a person may not accrue any further service under the retirement system of the county. 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-engrossed,238 Section 238 . Laws of 1937, chapter 201, section 14A is created to read:

AB245-engrossed,139,21 [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-engrossed,239 Section 239 . Laws of 1937, chapter 201, section 21, as created by laws of 1965, chapter 405, is amended to read:

AB245-engrossed,140,18 [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, except as required for compliance with federal law, increase or in any way enhance the benefits for employes who remain in the retirement system.

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

AB245-engrossed,141,3 [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-engrossed,241 Section 241 . Laws of 1937, chapter 396, section 1 (4) (e) 2m. is created to read:

AB245-engrossed,141,12 [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 are hired by the city or city agency after December 31 of the year that an ordinance goes into effect under s. 77.701 (1) of the statutes; and who were not active employes of the city or a city agency on that date, with respect to the position to which the person is hired after that date, irrespective of whether the person was previously an employe of the city or a city agency. Such a person may not accrue any further service under the retirement system of the city.

AB245-engrossed,242 Section 242 . Laws of 1937, chapter 396, section 15 (1), as created by laws of 1947, chapter 441, is amended to read:

AB245-engrossed,142,8 [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, except as required for compliance with federal law, increase or in any way enhance the benefits for employees who remain in the retirement system.

AB245-engrossed,243 Section 243 . Laws of 1937, chapter 396, section 16A is created to read:

AB245-engrossed,142,15 [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-engrossed,244 Section 244 . Nonstatutory provisions.

AB245-engrossed,142,22 (1) Notice of filing innovation grant program rules. At the same time the department of revenue files with the legislative reference bureau under s. 227.20 the rules promulgated under s. 79.038 (1), the department of revenue shall send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register that states the date on which the rules will take effect as provided in s. 227.22.

AB245-engrossed,143,2 (2) 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-engrossed,143,8 (3) Statewide concern. Notwithstanding any provision of laws of 1937, chapters 201 and 396, and subsequent amendments to those laws, the treatment of ss. 13.94 (1) (w) and (1s) (c) 1s., 40.02 (48) (b) 5., 40.21 (7) (b), 59.875 (2) (a) and (c), and 62.623 (1) and (3) 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-engrossed,143,13 (4) Milwaukee city and county retirement systems. As soon as possible after an ordinance is adopted under s. 77.70 (2) (a) or 77.701 (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 ordinance was passed.

AB245-engrossed,143,19 (5) Notice deadline; participation in Wisconsin Retirement System. If the notice specified in sub. (4) is not received by the legislative reference bureau before the first day of the 25th month beginning after the effective date of this subsection, the treatment of ss. 13.94 (1) (w) and (1s) (c) 1s., 40.02 (48) (b) 5., 40.21 (7) (b), 59.875 (2) (a) and (c), and 62.623 (1) and (3) 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 void.

AB245-engrossed,143,22 (5f) Retirement system closure to new employees. No provision of this act may be construed or interpreted as effecting a partial termination of any plan created under laws of 1937, chapter 201 or 396.

AB245-engrossed,144,2 (5m) County jailers. In a county with a population of at least 750,000 that elects to become a participating employer after December 31, 2023, for the purposes of 2023 Wisconsin Act 4, the county shall be treated as a county that did not classify county jailers as protective occupation participants as of January 1, 2024.

AB245-engrossed,144,14 (6) Public protective services maintenance of effort. For 2023, a 1st class city shall maintain a level of law enforcement and fire protective and emergency medical service that is at least equivalent to that provided in the 1st class city on April 1, 2023, as measured by the number of full-time equivalent law enforcement officers, as defined in s. 165.85 (2) (c), employed by the 1st class city and the daily staffing level of the paid fire department, as defined in s. 213.10 (1g), 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-engrossed,245 Section 245 . Initial applicability.

AB245-engrossed,145,10 (1) Elimination of the personal property tax. The repeal of ss. 60.85 (1) (f), 66.1105 (2) (d), 70.043, 70.11 (42), 70.47 (15), 70.53 (1) (a), 71.07 (5n) (a) 5. d., 71.28 (5n) (a) 5. d., 76.07 (4g) (a) 11. and 12., and 76.69; the renumbering and amendment of s. 77.51 (12t); the amendment of ss. 26.03 (1m) (b) (intro.), 33.01 (9) (a), (am) 1. and 2., (ar) 1., and (b) 1., 60.85 (1) (h) 1. c. and (o), 66.0435 (3) (c) 1. (intro.) and (g) and (9), 66.1105 (2) (f) 1. c. and (i) 2., 66.1106 (1) (k), 70.02, 70.04 (1r), 70.05 (5) (a) 1., 70.10, 70.13 (1), (2), (3), and (7), 70.15 (2), 70.17 (1), 70.174, 70.18 (1) and (2), 70.19, 70.20, 70.21 (1), (1m) (intro.), and (2), 70.22 (1) and (2) (a), 70.27 (1), (3) (a), (4), (5), and (7) (b), 70.29, 70.30 (intro.), 70.34, 70.345, 70.35 (1), (2), (3), (4), and (5), 70.36 (1) and (2), 70.43 (2), 70.44 (1), 70.47 (7) (aa), 70.49 (2), 70.50, 70.52, 70.65 (2) (a) 2. and (b) (intro.), 70.68 (1), 70.73 (1) (b), (c), and (d), 70.84, 70.855 (1) (intro.), (a), and (b), 70.995 (1) (a), (4), (5), (7) (b), (8) (b) 1., and (12) (a), 71.07 (5n) (a) 5. a. and 9. (intro.) and a. and (d) 2., (6e) (a) 5., and (9) (a) 3., 71.17 (2), 71.28 (5n) (a) 5. a. and 9. (intro.) and a. and (d) 2., 71.52 (7), 73.01 (5) (a), 76.02 (1), 76.03 (1), 76.07 (2) and (4g) (a) 10. and 13., 76.125 (1), 76.24 (2) (a), 76.31, 76.82, 77.04 (1), 77.54 (20n) (d) 2. and 3. and (57d) (b) 1., 77.84 (1), 78.55 (1), 174.065 (3), 815.18 (3) (intro.), and 978.05 (6) (a); and the creation of 60.85 (5) (j), 66.1105 (5) (j), 66.1106 (4) (e), 70.015, 70.111 (28), 70.17 (3), 70.995 (5n), 71.07 (5n) (a) 9. c., 71.28 (5n) (a) 9. c., 76.025 (5), 76.074, 77.51 (12t) (a) to (c), 79.0965, and 706.05 (2m) (b) 3. first apply to the property tax assessments as of January 1, 2024.

AB245-engrossed,145,13 (2) Fixed guideway transportation systems. The treatment of s. 66.1105 (2) (f) 2. e. first applies to a tax incremental district in existence on the effective date of this subsection.

AB245-engrossed,145,16 (3) School and school district accountability report. The treatment of s. 115.385 (1) (e) first applies to the school and school district accountability report published for the 2024-25 school year.

AB245-engrossed,145,23 (4f) Fire and police commission. The treatment of s. 62.50 (1h) and (1j) first applies to a vacancy on the board of fire and police commissioners that occurs on the effective date of this subsection, except that if the board has a member with professional law enforcement experience and a member with professional fire fighting experience, the treatment of s. 62.50 (1h) and (1j) first applies to the vacancies created by the expiration of the terms of those members or a vacancy created by the death, resignation, or removal of those members.

AB245-engrossed,246 Section 246 . Effective dates. This act takes effect on the day after publication, except as follows:

AB245-engrossed,146,5 (1) The treatment of ss. 13.94 (1) (w) and (1s) (c) 1s., 40.02 (48) (b) 5., 40.21 (7) (b), 59.875 (2) (a) and (c), and 62.623 (1) and (3) 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 takes effect on January 1 of the year following the year that an ordinance is adopted under s. 77.70 (2) (a) or 77.701 (1).

AB245-engrossed,146,7 (2) The treatment of s. 256.15 (1) (ij), (4) (a) 4., (4m) (d), (8) (b) 3., (bm), and (fm), and (10m) takes effect on the first day of the 7th month beginning after publication.

AB245-engrossed,146,16 (3) The treatment of ss. 25.17 (1) (jf), 25.491, 49.45 (51), 59.52 (25), 59.605 (3) (c), 60.34 (1) (a), 61.26 (2) and (3), 62.09 (9) (a) and (e), 62.13 (1), (2) (b), and (2m) (title), (a), and (b), 66.0144, 66.0602 (1) (am) and (3) (a) and (b), 66.0607 (1), 66.0608 (1) (fm), (2), (2m), (3), and (4), 70.119 (3) (c), 73.03 (77), 79.01 (1) and (2d), 79.015, 79.02 (2) (b) and (3) (a) and (e), 79.035 (title), (4) (c) 2., (d) 2., (e) 2., (f) 2., (g), (h), and (i), (6), and (8), 79.036, 79.037, 79.038, 79.039, 79.05 (2) (c) and (3) (d), 115.385 (1) (e) and (1g) (g), 252.03 (2j), and 256.35 (3s) (bm) 5., the renumbering of s. 66.0608 (title), the amendment of s. 79.035 (5), and the creation of s. 66.0608 (title) take effect on July 1, 2024.

AB245-engrossed,146,18 (4) The repeal of s. 79.036 (2) and the repeal and recreation of ss. 79.035 (5) and 79.036 (1) (intro.) take effect on June 30, 2036.

AB245-engrossed,146,19 (End)