AB69: Bill Text

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2023 - 2024 LEGISLATURE

2023 Assembly BILL 69

February 27, 2023 - Introduced by Representatives Rettinger, Duchow, Penterman, Behnke, Donovan, Gundrum, Moses, Murphy and Nedweski, cosponsored by Senator Cabral-Guevara. Referred to Committee on Education.

AB69,1,6 An Act to create 118.07 (6) of the statutes; relating to: reporting to law enforcement certain crimes and other incidents that occur in or on public school buildings and grounds, requiring certain schools to employ armed school resource officers, and allocating federal American Rescue Plan Act of 2021 funding to reimburse schools for costs of employing armed school resource officers.

Analysis by the Legislative Reference Bureau

This bill requires each public school, including a charter school, to report any incident that occurs in a school building or on school grounds to local law enforcement. The bill provides that, if 100 or more incidents occur in and on public school buildings and grounds during a school semester, and at least 25 of those incidents result in an arrest, the school must, no later than the first day of the next school year, employ or contract for the employment of a law enforcement officer as an armed school resource officer (SRO) to work at the school. Under the bill, “incident” is a defined term that includes violations of state and municipal disorderly conduct laws and certain crimes, including homicide, sexual assault, burglary, battery, and arson. However, the bill provides that, for purposes of counting the number of incidents that resulted in arrest, “incident” does not include incidents related to use or possession of alcohol, cigarettes, nicotine, tobacco products, or vaping devices.

The bill also requires the Department of Public Instruction to reimburse a school board or the operator of an independent charter school that begins employing or enters into a new contract for the employment of a law enforcement officer as an armed SRO all of the following amounts: 1) 75 percent of the costs associated with the SRO for the 2023-24 school year; 2) 50 percent of the costs associated with the SRO for the 2024-25 school year; and 3) 25 percent of the costs associated with the SRO for the 2025-26 school year. Under the bill, the governor must allocate money received by the state under the federal American Rescue Plan Act of 2021 to reimburse DPI for these payments to school boards and independent charter school operators.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB69,1 Section 1. 118.07 (6) of the statutes is created to read:

AB69,2,2 118.07 (6) (a) In this subsection:

AB69,2,3 1. “Incident” means any of the following:

AB69,2,9 a. An incident of homicide; sexual assault; burglary, robbery, or theft; battery, substantial battery, or aggravated battery under s. 940.19; arson; use or possession of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m); possession of a firearm in violation of s. 948.605 (2); disorderly conduct under s. 947.01; or conduct that constitutes a violation of a municipal ordinance relating to disorderly conduct.

AB69,2,12 b. An incident of use or possession of alcohol; use or possession of a cigarette, nicotine product, or tobacco product in violation of s. 254.92 or a municipal ordinance; or use or possession of a vaping device in violation of a municipal ordinance.

AB69,2,15 2. “Law enforcement officer” means an individual who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.

AB69,3,3 (b) Each school board and the operator of each charter school under s. 118.40 (2r) or (2x) shall report any incident that occurs in a school building or on school grounds to local law enforcement.

AB69,3,14 (c) If 100 or more incidents occur in and on the buildings and grounds of a public school, other than a charter school under s. 118.40 (2r) or (2x), during a school semester, and at least 25 of those incidents are incidents as defined in par. (a) 1. a. that result in an arrest, the school board shall, no later than the first day of the next school year, employ or contract for the employment of a law enforcement officer as an armed school resource officer to work at the school. Incidents are counted under this paragraph on a school-by-school basis, rather than at the school district level. If a school meets the criteria under this paragraph, the school board may apply to the department for a waiver of the requirement under this paragraph. The department may grant a waiver in the department's discretion, but the department may grant a waiver for a particular school only once.

AB69,3,24 (d) If 100 or more incidents occur in and on the buildings and grounds of a charter school under s. 118.40 (2r) or (2x) during a school semester, and at least 25 of those incidents are incidents as defined in par. (a) 1. a. that result in an arrest, the operator of the charter school shall, no later than the first day of the next school year, employ or contract for the employment of a law enforcement officer as an armed school resource officer to work at the charter school. If a charter school under s. 118.40 (2r) or (2x) meets the criteria under this paragraph, the operator of the charter school may apply to the department for a waiver of the requirement under this paragraph. The department may grant a waiver in the department's discretion, but the department may grant a waiver for a particular charter school only once.

AB69,2 Section 2. Nonstatutory provisions.

AB69,4,1 (1) Reimbursement for new armed school resource officer costs.

AB69,4,2 (a) Definitions. In this subsection:

AB69,4,3 1. “Department” means the department of public instruction.

AB69,4,4 2. “Law enforcement officer” has the meaning given in s. 118.07 (6) (a) 2.

AB69,4,10 (b) Reimbursement amount. If, after the effective date of this paragraph, a school board or the operator of a charter school under s. 118.40 (2r) or (2x) begins employing, or enters into a new contract for the employment of, a law enforcement officer as an armed school resource officer, the department shall reimburse the school board or the operator of a charter school under s. 118.40 (2r) or (2x) all of the following amounts:

AB69,4,13 1. Seventy-five percent of the school board's or operator's costs associated with employing or contracting for the employment of the armed school resource officer described under par. (b) for the 2023-24 school year.

AB69,4,16 2. Fifty percent of the school board's or operator's costs associated with employing or contracting for the employment of the armed school resource officer described under par. (b) for the 2024-25 school year.

AB69,4,19 3. Twenty-five percent of the school board's or operator's costs associated with employing or contracting for the employment of the armed school resource officer described under par. (b) for the 2025-26 school year.

AB69,4,24 (c) Federal ARPA funds. Of the moneys the governor accepts from the federal government under s. 16.54 pursuant to section 602 of the federal Social Security Act as amended by the federal American Rescue Plan Act of 2021, P.L. 117-2, by December 31, 2024, the governor shall allocate to the department an amount sufficient to reimburse school boards and operators of charter schools under par. (b).

AB69,3 Section 3. Initial applicability.

AB69,5,3 (1) Reporting incidents. The treatment of s. 118.07 (6) (b) first applies to an incident, as defined in s. 118.07 (6) (a) 1., that occurs on the effective date of this subsection.

AB69,5,6 (2) Requirement to employ armed school resource officers. The treatment of s. 118.07 (6) (c) and (d) first applies to a school semester that begins after the effective date of this subsection.

AB69,5,7 (End)