Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: May 23, 2023 Contact: Anna Henning, Principal Attorney
2023 Assembly Bill 245
Assembly
Amendment 2
2023 ASSEMBLY BILL 245
2023 Assembly Bill 245: (1) modifies the state’s approach to shared revenue for counties and
municipalities; (2) repeals Wisconsin’s personal property tax; and (3) authorizes the City of Milwaukee
and Milwaukee County to impose sales and use taxes, primarily to address the city’s and county’s
unfunded pension system liabilities. The bill also makes other changes to state law, including some
provisions specific to the City of Milwaukee and Milwaukee County and other provisions that apply
throughout the state.
ASSEMBLY AMENDMENT 2
Assembly Amendment 2 generally retains the key changes made to current law by the bill, but with a
number of modifications. Together with more technical changes, the amendment does all of the
following:
Modifies the formula for new supplemental aid to counties and municipalities, in part by:
(1) for municipalities other than the City of Milwaukee and the City of Madison, increasing the
minimum amount of supplemental aid to 15 percent, rather than 10 percent, of general aid; and (2)
generally increasing aid to mid-size cities, as compared with the aid those cities would receive under
the bill.
Modifies maintenance of effort requirements for law enforcement, fire, and emergency medical
services provided by counties and municipalities throughout the state, by: (1) removing criteria
based on the numbers of citations and arrests; (2) instead requiring municipalities with populations
greater than 20,000 to certify maintenance of effort for law enforcement by demonstrating a
minimum level of total spending, percentage of spending, or number of positions; (3) adding
exceptions to maintenance of effort requirements for positions funded with state or federal grants;
and (4) refining limited exceptions to maintenance of effort requirements for counties and
municipalities that have recently consolidated services.
Narrows the application of certain supermajority voting requirements for certain spending
decisions by the City of Milwaukee and Milwaukee County, by specifying that the requirements
apply only if the city or county exercises the sales tax authority under the bill.
Makes various modifications relating to the administration of the City of Milwaukee’s and
Milwaukee County’s existing pension systems, including providing immunity for trustees and
administrators of those systems from liability for complying with the bill’s requirements relating to
pension system administration. - 2 -
Provides more detailed procedures regarding appointments made to the Milwaukee Fire and
Police Commission, and specifies that members of the commission’s board may not continue to
serve after the expiration of their terms of office.
Prohibits the City of Milwaukee and Milwaukee County from collectively bargaining with public
safety employees on any terms of the existing city and county retirement systems.
Narrows the scope of high school incident statistics required to be submitted by public high
schools and high schools participating in parental choice programs, by requiring incidents to be
reported if they occur during: (1) school hours; (2) a school-sanctioned event; or (3) the
transportation of pupils to or from school, rather than a broader set of times and situations under
the bill.
Requires the Milwaukee School District to ensure that the 25 school resource officers required
by the bill complete a 40-hour training course sponsored by the National Association of School
Resource Officers.
Modifies, rather than repeals, levy limit adjustments authorized as a result of transferring
services from one county or municipality to another, by allowing such adjustments if the relevant
units of local government file a notice with the Department of Revenue regarding the transfer of
services.
Provides a limited exception to a general prohibition on conducting local advisory referenda, to
allow counties and municipalities to conduct advisory referenda regarding capital expenditures
proposed to be funded with property tax revenue.
Creates a new approach to adjusting municipalities’ levy limits upon the termination of tax
increment districts, beginning with tax increment districts created in 2025.
Modifies the limitation on orders issued by local public health officers to control outbreaks of
communicable diseases, by: (1) lengthening the timeframe during which the orders may remain in
effect, from 14 days to 30 days, with one 30-day extension possible with local government body
approval; (2) applying the limitation to orders affecting places of worship, in addition to private
businesses; and (3) prohibiting the orders from distinguishing between essential and non-essential
businesses.
Modifies the provisions relating to local regulation of quarry operations, including by more
specifically applying certain restrictions to conditional use permits, in particular, and clarifying the
bill’s application to circumstances in which a town ceases to be covered by county zoning or
becomes subject to county zoning.
Narrows the scope of changes made by the bill regarding local input for stewardship projects
proposed for bonding authority by the Department of Natural Resources, by applying a local
approval requirement for projects north of Highway 8 to only projects to acquire land, and by
removing an expansion of other local input procedures to projects other than those for land
acquisition.
Creates an additional trust fund account for juvenile delinquency-related services (both
community-based and correctional) in counties other than Milwaukee County.
BILL HISTORY
Representative Kurtz offered Assembly Amendment 2 to 2023 Assembly Bill 245 on May 17, 2023. On
the same day, the Assembly voted to adopt the amendment on a voice vote. The Assembly then voted to - 3 -
pass the bill, as amended, on a vote of Ayes, 56; and Noes, 36, with four paired votes and two members
not voting.
For a full history of the bill, visit the Legislature’s bill history page.
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