Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB69 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 69
5	5	February 27, 2023 - Introduced by Representatives R ETTINGER, DUCHOW,
6	6	PENTERMAN, BEHNKE, DONOVAN, GUNDRUM, MOSES, MURPHY and NEDWESKI,
7	7	cosponsored by Senator CABRAL-GUEVARA. Referred to Committee on
8	8	Education.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 118.07 (6) of the statutes; relating to: reporting to law
11	11	enforcement certain crimes and other incidents that occur in or on public school
12	12	buildings and grounds, requiring certain schools to employ armed school
13	13	resource officers, and allocating federal American Rescue Plan Act of 2021
14	14	funding to reimburse schools for costs of employing armed school resource
15	15	officers.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill requires each public school, including a charter school, to report any
18	18	incident that occurs in a school building or on school grounds to local law
19	19	enforcement. The bill provides that, if 100 or more incidents occur in and on public
20	20	school buildings and grounds during a school semester, and at least 25 of those
21	21	incidents result in an arrest, the school must, no later than the first day of the next
22	22	school year, employ or contract for the employment of a law enforcement officer as
23	23	an armed school resource officer (SRO) to work at the school. Under the bill,
24	24	“incident” is a defined term that includes violations of state and municipal disorderly
25	25	conduct laws and certain crimes, including homicide, sexual assault, burglary,
26	26	battery, and arson. However, the bill provides that, for purposes of counting the
27	27	number of incidents that resulted in arrest, “incident” does not include incidents
28	28	related to use or possession of alcohol, cigarettes, nicotine, tobacco products, or
29	29	vaping devices.
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37	37	ASSEMBLY BILL 69
38	38	The bill also requires the Department of Public Instruction to reimburse a
39	39	school board or the operator of an independent charter school that begins employing
40	40	or enters into a new contract for the employment of a law enforcement officer as an
41	41	armed SRO all of the following amounts: 1) 75 percent of the costs associated with
42	42	the SRO for the 2023-24 school year; 2) 50 percent of the costs associated with the
43	43	SRO for the 2024-25 school year; and 3) 25 percent of the costs associated with the
44	44	SRO for the 2025-26 school year. Under the bill, the governor must allocate money
45	45	received by the state under the federal American Rescue Plan Act of 2021 to
46	46	reimburse DPI for these payments to school boards and independent charter school
47	47	operators.
48	48	For further information see the state and local fiscal estimate, which will be
49	49	printed as an appendix to this bill.
50	50	The people of the state of Wisconsin, represented in senate and assembly, do
51	51	enact as follows:
52	52	SECTION 1. 118.07 (6) of the statutes is created to read:
53	53	118.07 (6) (a) In this subsection:
54	54	1. “Incident” means any of the following:
55	55	a. An incident of homicide; sexual assault; burglary, robbery, or theft; battery,
56	56	substantial battery, or aggravated battery under s. 940.19; arson; use or possession
57	57	of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog,
58	58	as defined in s. 961.01 (4m); possession of a firearm in violation of s. 948.605 (2);
59	59	disorderly conduct under s. 947.01; or conduct that constitutes a violation of a
60	60	municipal ordinance relating to disorderly conduct.
61	61	b. An incident of use or possession of alcohol; use or possession of a cigarette,
62	62	nicotine product, or tobacco product in violation of s. 254.92 or a municipal ordinance;
63	63	or use or possession of a vaping device in violation of a municipal ordinance.
64	64	2. “Law enforcement officer” means an individual who is employed in this state
65	65	by a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5.
66	66	and (2) (b) 1. to 3. applies.
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84	84	SECTION 1
85	85	ASSEMBLY BILL 69
86	86	(b) Each school board and the operator of each charter school under s. 118.40
87	87	(2r) or (2x) shall report any incident that occurs in a school building or on school
88	88	grounds to local law enforcement.
89	89	(c) If 100 or more incidents occur in and on the buildings and grounds of a public
90	90	school, other than a charter school under s. 118.40 (2r) or (2x), during a school
91	91	semester, and at least 25 of those incidents are incidents as defined in par. (a) 1. a.
92	92	that result in an arrest, the school board shall, no later than the first day of the next
93	93	school year, employ or contract for the employment of a law enforcement officer as
94	94	an armed school resource officer to work at the school. Incidents are counted under
95	95	this paragraph on a school-by-school basis, rather than at the school district level.
96	96	If a school meets the criteria under this paragraph, the school board may apply to the
97	97	department for a waiver of the requirement under this paragraph. The department
98	98	may grant a waiver in the department's discretion, but the department may grant
99	99	a waiver for a particular school only once.
100	100	(d) If 100 or more incidents occur in and on the buildings and grounds of a
101	101	charter school under s. 118.40 (2r) or (2x) during a school semester, and at least 25
102	102	of those incidents are incidents as defined in par. (a) 1. a. that result in an arrest, the
103	103	operator of the charter school shall, no later than the first day of the next school year,
104	104	employ or contract for the employment of a law enforcement officer as an armed
105	105	school resource officer to work at the charter school. If a charter school under s.
106	106	118.40 (2r) or (2x) meets the criteria under this paragraph, the operator of the charter
107	107	school may apply to the department for a waiver of the requirement under this
108	108	paragraph. The department may grant a waiver in the department's discretion, but
109	109	the department may grant a waiver for a particular charter school only once.
110	110	SECTION 2.0Nonstatutory provisions.
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137	137	SECTION 2 ASSEMBLY BILL 69
138	138	(1) REIMBURSEMENT FOR NEW ARMED SCHOOL RESOURCE OFFICER COSTS.
139	139	(a) Definitions. In this subsection:
140	140	1. “Department” means the department of public instruction.
141	141	2. “Law enforcement officer” has the meaning given in s. 118.07 (6) (a) 2.
142	142	(b) Reimbursement amount. If, after the effective date of this paragraph, a
143	143	school board or the operator of a charter school under s. 118.40 (2r) or (2x) begins
144	144	employing, or enters into a new contract for the employment of, a law enforcement
145	145	officer as an armed school resource officer, the department shall reimburse the school
146	146	board or the operator of a charter school under s. 118.40 (2r) or (2x) all of the following
147	147	amounts:
148	148	1. Seventy-five percent of the school board's or operator's costs associated with
149	149	employing or contracting for the employment of the armed school resource officer
150	150	described under par. (b) for the 2023-24 school year.
151	151	2. Fifty percent of the school board's or operator's costs associated with
152	152	employing or contracting for the employment of the armed school resource officer
153	153	described under par. (b) for the 2024-25 school year.
154	154	3. Twenty-five percent of the school board's or operator's costs associated with
155	155	employing or contracting for the employment of the armed school resource officer
156	156	described under par. (b) for the 2025-26 school year.
157	157	(c) Federal ARPA funds. Of the moneys the governor accepts from the federal
158	158	government under s. 16.54 pursuant to section 602 of the federal Social Security Act
159	159	as amended by the federal American Rescue Plan Act of 2021, P.L. 117-2, by
160	160	December 31, 2024, the governor shall allocate to the department an amount
161	161	sufficient to reimburse school boards and operators of charter schools under par. (b).
162	162	SECTION 3.0Initial applicability.
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190	190	SECTION 3
191	191	ASSEMBLY BILL 69
192	192	(1) REPORTING INCIDENTS. The treatment of s. 118.07 (6) (b) first applies to an
193	193	incident, as defined in s. 118.07 (6) (a) 1., that occurs on the effective date of this
194	194	subsection.
195	195	(2) REQUIREMENT TO EMPLOY ARMED SCHOOL RESOURCE OFFICERS. The treatment
196	196	of s. 118.07 (6) (c) and (d) first applies to a school semester that begins after the
197	197	effective date of this subsection.
198	198	(END)
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