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Wisconsin Senate Bill SB100

Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB100 Compare Versions

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11 2025 - 2026 LEGISLATURE
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44 2025 SENATE BILL 100
55 March 7, 2025 - Introduced by Senators WANGGAARD, FEYEN and TOMCZYK,
66 cosponsored by Representatives DONOVAN, BEHNKE, BRILL, DITTRICH,
77 GUNDRUM, KURTZ, MAXEY, MURPHY, NOVAK, O'CONNOR, TUSLER, WITTKE and
88 KAUFERT. Referred to Committee on Judiciary and Public Safety.
99 AN ACT to renumber and amend 62.90 (8); to amend 79.02 (2) (b) and 79.02
1010 (3); to create 62.90 (8) (c), (d) and (e), 79.02 (4) and 115.437 (2) (b) 3. of the
1111 statutes; relating to: the requirement that first class cities and first class city
1212 school districts place school resource officers in schools.
1313 Analysis by the Legislative Reference Bureau
1414 Current law requires, beginning January 1, 2024, the school board of a first
1515 class city school district (currently only Milwaukee Public Schools) to ensure that at
1616 least 25 school resource officers are present at schools within the school district
1717 (SRO requirement). Under current law, a Xschool resource officerY is a law
1818 enforcement officer who is deployed in community-oriented policing and assigned
1919 by the law enforcement agency that employs him or her to work in a full-time
2020 capacity in collaboration with a school district. Current law also requires MPS and
2121 the City of Milwaukee to agree on how to apportion the costs of meeting the SRO
2222 requirement between the two entities.
2323 On October 8, 2024, a complaint was filed in Milwaukee County that alleged
2424 MPS is failing to comply with the SRO requirement and asked for a writ of
2525 mandamus to require compliance. On January 23, 2025, a Milwaukee County judge
2626 ordered MPS to comply with the SRO requirement on or before February 17, 2025.
2727 On February 17, 2025, the same Milwaukee County judge gave MPS an additional
2828 10 days to comply with the January 23, 2025 order.
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3636 SECTION 1
3737 This bill requires MPS and the City of Milwaukee to apportion 75 percent of
3838 the costs of complying with the SRO requirement to MPS and 25 percent to the City
3939 of Milwaukee. The bill further requires that by no later than 30 days after the bill
4040 becomes law 1) MPS and the City of Milwaukee must enter into an agreement on
4141 how they will implement compliance with the SRO requirement and 2) MPS and
4242 the City of Milwaukee must jointly certify to the Joint Committee on Finance that
4343 at least 25 school resource officers are present in MPS schools.
4444 Under the bill, a similar certification process is required if the initial
4545 agreement between MPS and the City of Milwaukee is terminated. First, MPS and
4646 the City of Milwaukee must enter into an agreement on how they will implement
4747 compliance with the SRO requirement within 30 days of the termination of the
4848 agreement. Second, by no later than 30 days after entering into the agreement, the
4949 City of Milwaukee must certify to JCF that at least 25 law enforcement officers are
5050 trained and available to be placed in MPS schools. Lastly, by no later than 30 days
5151 after the certification is made to JCF, MPS must certify to JCF that at least 25
5252 school resource officers are present in MPS schools.
5353 The bill also creates financial consequences for both the City of Milwaukee
5454 and MPS if these requirements are not met. Specifically, the bill directs the
5555 Department of Administration to withhold 10 percent of the supplemental county
5656 and municipal aid to the City of Milwaukee if evidence is not provided of an
5757 agreement between the city and MPS or if the City of Milwaukee fails to certify to
5858 JCF, by no later than 30 days after the bill becomes law, that at least 25 school
5959 resource officers are present in MPS schools and, if a new agreement is entered into
6060 in the future, that 25 law enforcement officers are trained and available to be
6161 placed in MPS schools. Similarly, the bill requires the Department of Public
6262 Instruction to withhold 20 percent of the per pupil categorical aid payment owed to
6363 MPS if evidence is not provided of an agreement between the City of Milwaukee and
6464 MPS or if MPS fails to certify to JCF by no later than 30 days after the bill becomes
6565 law and, if required in the future due to a new agreement, that at least 25 school
6666 resource officers are present in MPS schools.
6767 For further information see the state and local fiscal estimate, which will be
6868 printed as an appendix to this bill.
6969 The people of the state of Wisconsin, represented in senate and assembly, do
7070 enact as follows:
7171 SECTION 1. 62.90 (8) of the statutes is renumbered 62.90 (8) (b) and amended
7272 to read:
7373 62.90 (8) (b) Beginning January 1, 2024, the school board of the 1st class city
7474 school district that is located in the 1st class city shall ensure that not fewer than 25
7575 school resource officers are present at schools within the school district during
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8484 SECTION 1
8585 normal school hours and that school resource officers are available during before-
8686 school and after-school care, extracurricular activities, and sporting events as
8787 needed. In addition, beginning January 1, 2024, the school board of the 1st class
8888 city school district that is located in the 1st class city shall ensure that the school
8989 resource officers complete the 40-hour course sponsored by the National Association
9090 of School Resource Officers. Beginning in the 2025-26 school year, the school board
9191 of the 1st class city school district that is located in the 1st class city shall consider
9292 the statistics it receives under s. 118.124 (3) (a) when deciding at which schools to
9393 place school resource officers required under this subsection. The 1st class city
9494 school district and the 1st class city shall agree to an apportionment of apportion 75
9595 percent of the costs of meeting the requirements of this subsection to the 1st class
9696 city school district and 25 percent of the costs of meeting the requirements of this
9797 subsection to the 1st class city.
9898 (a) In this subsection, Xlaw:
9999 1. XLaw enforcement officerY means a person who is employed by the state or
100100 a political subdivision of the state for the purpose of detecting and preventing crime
101101 and enforcing laws or ordinances and who is authorized to make arrests for
102102 violations of the laws or ordinances that the person is employed to enforce, and
103103 Xschool.
104104 2. XSchool resource officerY means a law enforcement officer who is deployed
105105 in community-oriented policing and assigned by the law enforcement agency, as
106106 defined in s. 165.83 (1) (b), that employs him or her to work in a full-time capacity in
107107 collaboration with a school district.
108108 SECTION 2. 62.90 (8) (c), (d) and (e) of the statutes are created to read:
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136136 SECTION 2
137137 62.90 (8) (c) The 1st class city and the school board of the 1st class city school
138138 district shall enter into an agreement to implement the requirements under par.
139139 (b), and if an agreement under this paragraph terminates, the 1st class city and the
140140 school board of the 1st class city school district shall enter into an agreement under
141141 this paragraph no later than 30 days after the termination.
142142 (d) By no later than 30 days after an agreement is reached under par. (c), the
143143 1st class city shall certify to the joint committee on finance that at least 25 law
144144 enforcement officers are trained and available to be placed by the school board of
145145 the 1st class city school district in schools within the 1st class city school district.
146146 (e) By no later than 30 days after the certification is made under par. (d), the
147147 school board of the 1st class city school district shall certify to the joint committee
148148 on finance that at least 25 school resource officers are present in schools within the
149149 school district.
150150 SECTION 3. 79.02 (2) (b) of the statutes is amended to read:
151151 79.02 (2) (b) Subject to sub. (4) and ss. 59.605 (4) and 70.995 (14) (b),
152152 payments in July shall equal 15 percent of the municipality[s or county[s estimated
153153 payments under ss. 79.035, 79.036, 79.037, 79.038, 79.039, and 79.04 and 100
154154 percent of the municipality[s estimated payments under s. 79.05. Upon
155155 certification by the department of revenue, the estimated payment under s. 79.05
156156 may be distributed before the 4th Monday in July.
157157 SECTION 4. 79.02 (3) of the statutes is amended to read:
158158 79.02 (3) Subject to sub. (4) and s. 59.605 (4), payments to each municipality
159159 and county in November shall equal that municipality[s or county[s entitlement
160160 under ss. 79.035, 79.036, 79.037, 79.038, 79.039, 79.04, and 79.05 for the current
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188188 SECTION 4
189189 year, minus the amount distributed to the municipality or county under sub. (2) (b)
190190 and minus any amount withheld under sub. (4).
191191 SECTION 5. 79.02 (4) of the statutes is created to read:
192192 79.02 (4) (a) For the distribution in 2025 and subsequent years, if a
193193 municipality that is subject to the requirement under s. 62.90 (8) (c) does not
194194 provide evidence to the department of administration that it has entered into an
195195 agreement with the school board of a 1st class city school district by the deadline
196196 provided in s. 62.90 (8) (c), the department of administration shall withhold 10
197197 percent of the municipality[s total of payments under s. 79.037 until the
198198 municipality provides evidence to the department of administration that it is in
199199 compliance with s. 62.90 (8) (c).
200200 (b) For the distribution in 2025 and subsequent years, if a municipality has
201201 entered into an agreement required under s. 62.90 (8) (c) and does not provide
202202 certification to the joint committee on finance under s. 62.90 (8) (d) by the deadline
203203 provided in that paragraph, the department of administration shall withhold 10
204204 percent of the municipality[s total of payments under s. 79.037 until the
205205 municipality makes the certification required under s. 62.90 (8) (d).
206206 SECTION 6. 115.437 (2) (b) 3. of the statutes is created to read:
207207 115.437 (2) (b) 3. Annually, on the 4th Monday of March, the department
208208 shall withhold aid under par. (a) from a 1st class city school district as follows:
209209 a. If the school board of the 1st class city school district does not provide
210210 evidence to the department that it has entered into an agreement with the 1st class
211211 city as required under s. 62.90 (8) (c), the department shall withhold aid in an
212212 amount equal to 20 percent of the amount calculated under par. (a) until the school
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240240 SECTION 6
241241 board of the 1st class city school district provides evidence to the department that is
242242 in compliance with s. 62.90 (8) (c).
243243 b. If a certification is made under s. 62.90 (8) (d) and the school board of the
244244 1st class city school district has not made the certification required under s. 62.90
245245 (8) (e) by the deadline provided in that paragraph, the department shall withhold
246246 aid in an amount equal to 20 percent of the amount calculated under par. (a) until
247247 the school board of the 1st class city school district makes the certification required
248248 under s. 62.90 (8) (e).
249249 SECTION 7. Nonstatutory provisions.
250250 (1) INITIAL AGREEMENT AND CERTIFICATIONS.
251251 (a) Deadline. Notwithstanding s. 62.90 (8) (d) and (e), by no later than 30 days
252252 after the effective date of this subsection, a 1st class city and the school board of the
253253 1st class city school district shall do all of the following:
254254 1. Enter into an agreement to implement the requirements under s. 62.90 (8)
255255 (b).
256256 2. Jointly certify to the joint committee on finance that at least 25 school
257257 resource officers, as defined in s. 62.90 (8) (a) 2., are present in schools within the
258258 1st class city school district.
259259 (b) School district consequences. For purposes of withholding per pupil aid
260260 under s. 115.437 (2) (b) 3. in the school year beginning after the effective date of this
261261 paragraph, a failure by the school board of a 1st class city to comply with par. (a) 1.
262262 by the deadline provided in par. (a) is considered a failure to provide evidence to the
263263 department that it has entered into an agreement with the 1st class city as
264264 required under s. 62.90 (8) (c) and a failure by the school board of a 1st class city to
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292292 SECTION 7
293293 comply with par. (a) 2. by the deadline provided in par. (a) is considered a failure to
294294 make the certification required under s. 62.90 (8) (e) by the deadline provided in s.
295295 62.90 (8) (e).
296296 (c) First class city. For purposes of withholding supplemental county and
297297 municipal aid under s. 79.02 (4) for the distribution for 2025, a failure by a 1st class
298298 city to comply with par. (a) 1. by the deadline provided in par. (a) is considered a
299299 failure to provide evidence to the department of administration that it has entered
300300 into an agreement with the 1st class city school district as required under s. 62.90
301301 (8) (c) and a failure by a 1st class city to comply with par. (a) 2. by the deadline
302302 provided in par. (a) is considered a failure to make the certification required under
303303 s. 62.90 (8) (d) by the deadline provided in s. 62.90 (8) (d).
304304 (END)
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