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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 69
February 27, 2023 - Introduced by Representatives R ETTINGER, DUCHOW,
PENTERMAN, BEHNKE, DONOVAN, GUNDRUM, MOSES, MURPHY and NEDWESKI,
cosponsored by Senator CABRAL-GUEVARA. Referred to Committee on
Education.
***AUTHORS SUBJECT TO CHANGE***
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.
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ASSEMBLY BILL 69
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:
SECTION 1. 118.07 (6) of the statutes is created to read:
118.07 (6) (a) In this subsection:
1. “Incident” means any of the following:
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.
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.
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.
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SECTION 1
ASSEMBLY BILL 69
(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.
(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.
(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.
SECTION 2.0Nonstatutory provisions.
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SECTION 2 ASSEMBLY BILL 69
(1) REIMBURSEMENT FOR NEW ARMED SCHOOL RESOURCE OFFICER COSTS.
(a) Definitions. In this subsection:
1. “Department” means the department of public instruction.
2. “Law enforcement officer” has the meaning given in s. 118.07 (6) (a) 2.
(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:
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.
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.
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.
(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).
SECTION 3.0Initial applicability.
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SECTION 3
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(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.
(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.
(END)
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