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2025 SENATE BILL 100
March 7, 2025 - Introduced by Senators WANGGAARD, FEYEN and TOMCZYK,
cosponsored by Representatives DONOVAN, BEHNKE, BRILL, DITTRICH,
GUNDRUM, KURTZ, MAXEY, MURPHY, NOVAK, O'CONNOR, TUSLER, WITTKE and
KAUFERT. Referred to Committee on Judiciary and Public Safety.
AN ACT to renumber and amend 62.90 (8); to amend 79.02 (2) (b) and 79.02
(3); to create 62.90 (8) (c), (d) and (e), 79.02 (4) and 115.437 (2) (b) 3. of the
statutes; relating to: the requirement that first class cities and first class city
school districts place school resource officers in schools.
Analysis by the Legislative Reference Bureau
Current law requires, beginning January 1, 2024, the school board of a first
class city school district (currently only Milwaukee Public Schools) to ensure that at
least 25 school resource officers are present at schools within the school district
(SRO requirement). Under current law, a Xschool resource officerY is a law
enforcement officer who is deployed in community-oriented policing and assigned
by the law enforcement agency that employs him or her to work in a full-time
capacity in collaboration with a school district. Current law also requires MPS and
the City of Milwaukee to agree on how to apportion the costs of meeting the SRO
requirement between the two entities.
On October 8, 2024, a complaint was filed in Milwaukee County that alleged
MPS is failing to comply with the SRO requirement and asked for a writ of
mandamus to require compliance. On January 23, 2025, a Milwaukee County judge
ordered MPS to comply with the SRO requirement on or before February 17, 2025.
On February 17, 2025, the same Milwaukee County judge gave MPS an additional
10 days to comply with the January 23, 2025 order.
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This bill requires MPS and the City of Milwaukee to apportion 75 percent of
the costs of complying with the SRO requirement to MPS and 25 percent to the City
of Milwaukee. The bill further requires that by no later than 30 days after the bill
becomes law 1) MPS and the City of Milwaukee must enter into an agreement on
how they will implement compliance with the SRO requirement and 2) MPS and
the City of Milwaukee must jointly certify to the Joint Committee on Finance that
at least 25 school resource officers are present in MPS schools.
Under the bill, a similar certification process is required if the initial
agreement between MPS and the City of Milwaukee is terminated. First, MPS and
the City of Milwaukee must enter into an agreement on how they will implement
compliance with the SRO requirement within 30 days of the termination of the
agreement. Second, by no later than 30 days after entering into the agreement, the
City of Milwaukee must certify to JCF that at least 25 law enforcement officers are
trained and available to be placed in MPS schools. Lastly, by no later than 30 days
after the certification is made to JCF, MPS must certify to JCF that at least 25
school resource officers are present in MPS schools.
The bill also creates financial consequences for both the City of Milwaukee
and MPS if these requirements are not met. Specifically, the bill directs the
Department of Administration to withhold 10 percent of the supplemental county
and municipal aid to the City of Milwaukee if evidence is not provided of an
agreement between the city and MPS or if the City of Milwaukee fails to certify to
JCF, by no later than 30 days after the bill becomes law, that at least 25 school
resource officers are present in MPS schools and, if a new agreement is entered into
in the future, that 25 law enforcement officers are trained and available to be
placed in MPS schools. Similarly, the bill requires the Department of Public
Instruction to withhold 20 percent of the per pupil categorical aid payment owed to
MPS if evidence is not provided of an agreement between the City of Milwaukee and
MPS or if MPS fails to certify to JCF by no later than 30 days after the bill becomes
law and, if required in the future due to a new agreement, that at least 25 school
resource officers are present in MPS schools.
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. 62.90 (8) of the statutes is renumbered 62.90 (8) (b) and amended
to read:
62.90 (8) (b) Beginning January 1, 2024, the school board of the 1st class city
school district that is located in the 1st class city shall ensure that not fewer than 25
school resource officers are present at schools within the school district during
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normal school hours and that school resource officers are available during before-
school and after-school care, extracurricular activities, and sporting events as
needed. In addition, beginning January 1, 2024, the school board of the 1st class
city school district that is located in the 1st class city shall ensure that the school
resource officers complete the 40-hour course sponsored by the National Association
of School Resource Officers. Beginning in the 2025-26 school year, the school board
of the 1st class city school district that is located in the 1st class city shall consider
the statistics it receives under s. 118.124 (3) (a) when deciding at which schools to
place school resource officers required under this subsection. The 1st class city
school district and the 1st class city shall agree to an apportionment of apportion 75
percent of the costs of meeting the requirements of this subsection to the 1st class
city school district and 25 percent of the costs of meeting the requirements of this
subsection to the 1st class city.
(a) In this subsection, Xlaw:
1. XLaw enforcement officerY means a person who is employed by the state or
a political subdivision of the state for the purpose of detecting and preventing crime
and enforcing laws or ordinances and who is authorized to make arrests for
violations of the laws or ordinances that the person is employed to enforce, and
Xschool.
2. XSchool resource officerY means a law enforcement officer who is deployed
in community-oriented policing and assigned by the law enforcement agency, as
defined in s. 165.83 (1) (b), that employs him or her to work in a full-time capacity in
collaboration with a school district.
SECTION 2. 62.90 (8) (c), (d) and (e) of the statutes are created to read:
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62.90 (8) (c) The 1st class city and the school board of the 1st class city school
district shall enter into an agreement to implement the requirements under par.
(b), and if an agreement under this paragraph terminates, the 1st class city and the
school board of the 1st class city school district shall enter into an agreement under
this paragraph no later than 30 days after the termination.
(d) By no later than 30 days after an agreement is reached under par. (c), the
1st class city shall certify to the joint committee on finance that at least 25 law
enforcement officers are trained and available to be placed by the school board of
the 1st class city school district in schools within the 1st class city school district.
(e) By no later than 30 days after the certification is made under par. (d), the
school board of the 1st class city school district shall certify to the joint committee
on finance that at least 25 school resource officers are present in schools within the
school district.
SECTION 3. 79.02 (2) (b) of the statutes is amended to read:
79.02 (2) (b) Subject to sub. (4) and ss. 59.605 (4) and 70.995 (14) (b),
payments in July shall equal 15 percent of the municipality[s or county[s estimated
payments under ss. 79.035, 79.036, 79.037, 79.038, 79.039, and 79.04 and 100
percent of the municipality[s estimated payments under s. 79.05. Upon
certification by the department of revenue, the estimated payment under s. 79.05
may be distributed before the 4th Monday in July.
SECTION 4. 79.02 (3) of the statutes is amended to read:
79.02 (3) Subject to sub. (4) and s. 59.605 (4), payments to each municipality
and county in November shall equal that municipality[s or county[s entitlement
under ss. 79.035, 79.036, 79.037, 79.038, 79.039, 79.04, and 79.05 for the current
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year, minus the amount distributed to the municipality or county under sub. (2) (b)
and minus any amount withheld under sub. (4).
SECTION 5. 79.02 (4) of the statutes is created to read:
79.02 (4) (a) For the distribution in 2025 and subsequent years, if a
municipality that is subject to the requirement under s. 62.90 (8) (c) does not
provide evidence to the department of administration that it has entered into an
agreement with the school board of a 1st class city school district by the deadline
provided in s. 62.90 (8) (c), the department of administration shall withhold 10
percent of the municipality[s total of payments under s. 79.037 until the
municipality provides evidence to the department of administration that it is in
compliance with s. 62.90 (8) (c).
(b) For the distribution in 2025 and subsequent years, if a municipality has
entered into an agreement required under s. 62.90 (8) (c) and does not provide
certification to the joint committee on finance under s. 62.90 (8) (d) by the deadline
provided in that paragraph, the department of administration shall withhold 10
percent of the municipality[s total of payments under s. 79.037 until the
municipality makes the certification required under s. 62.90 (8) (d).
SECTION 6. 115.437 (2) (b) 3. of the statutes is created to read:
115.437 (2) (b) 3. Annually, on the 4th Monday of March, the department
shall withhold aid under par. (a) from a 1st class city school district as follows:
a. If the school board of the 1st class city school district does not provide
evidence to the department that it has entered into an agreement with the 1st class
city as required under s. 62.90 (8) (c), the department shall withhold aid in an
amount equal to 20 percent of the amount calculated under par. (a) until the school
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board of the 1st class city school district provides evidence to the department that is
in compliance with s. 62.90 (8) (c).
b. If a certification is made under s. 62.90 (8) (d) and the school board of the
1st class city school district has not made the certification required under s. 62.90
(8) (e) by the deadline provided in that paragraph, the department shall withhold
aid in an amount equal to 20 percent of the amount calculated under par. (a) until
the school board of the 1st class city school district makes the certification required
under s. 62.90 (8) (e).
SECTION 7. Nonstatutory provisions.
(1) INITIAL AGREEMENT AND CERTIFICATIONS.
(a) Deadline. Notwithstanding s. 62.90 (8) (d) and (e), by no later than 30 days
after the effective date of this subsection, a 1st class city and the school board of the
1st class city school district shall do all of the following:
1. Enter into an agreement to implement the requirements under s. 62.90 (8)
(b).
2. Jointly certify to the joint committee on finance that at least 25 school
resource officers, as defined in s. 62.90 (8) (a) 2., are present in schools within the
1st class city school district.
(b) School district consequences. For purposes of withholding per pupil aid
under s. 115.437 (2) (b) 3. in the school year beginning after the effective date of this
paragraph, a failure by the school board of a 1st class city to comply with par. (a) 1.
by the deadline provided in par. (a) is considered a failure to provide evidence to the
department that it has entered into an agreement with the 1st class city as
required under s. 62.90 (8) (c) and a failure by the school board of a 1st class city to
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comply with par. (a) 2. by the deadline provided in par. (a) is considered a failure to
make the certification required under s. 62.90 (8) (e) by the deadline provided in s.
62.90 (8) (e).
(c) First class city. For purposes of withholding supplemental county and
municipal aid under s. 79.02 (4) for the distribution for 2025, a failure by a 1st class
city to comply with par. (a) 1. by the deadline provided in par. (a) is considered a
failure to provide evidence to the department of administration that it has entered
into an agreement with the 1st class city school district as required under s. 62.90
(8) (c) and a failure by a 1st class city to comply with par. (a) 2. by the deadline
provided in par. (a) is considered a failure to make the certification required under
s. 62.90 (8) (d) by the deadline provided in s. 62.90 (8) (d).
(END)
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