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LRBa0160/2
MIM/JK/KP/EVM:all
2023 - 2024 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO ASSEMBLY BILL 245
May 17, 2023 - Offered by Representative Kurtz.
AB245-AA2,1,11 At the locations indicated, amend the bill as follows:
AB245-AA2,1,2 21. Page 13, line 14: after “with" insert “the legislature under s. 13.172 (2), ".
AB245-AA2,1,3 32. Page 14, line 3: delete lines 3 to 25 and substitute:
AB245-AA2,1,5 4 Section 7g. 23.0917 (5t) of the statutes is renumbered 23.0917 (5t) (intro.)
5and amended to read:
AB245-AA2,2,26 23.0917 (5t) Local governmental resolutions. (intro.) Each city, village,
7town, or county may adopt a nonbinding resolution that supports or opposes the
8proposed acquisition of land to be funded by moneys obligated from the appropriation
9under s. 20.866 (2) (ta) if all or a portion of the land is located in the city, village, town,
10or county. The department shall provide written notification of the proposed
11acquisition to each city, village, town, or county in which the land is located. A city,
12village, town, or county that adopts a resolution under this subsection shall provide

1the department with a copy of the resolution. If All of the following apply to a
2resolution under this subsection:
AB245-AA2,2,8 3(a) For the proposed acquisition of land located south of USH 8, if the
4department receives the copy within 30 days after the date that the city, village,
5town, or county received the notification of the proposed acquisition, the department
6shall take the resolution into consideration before approving or denying the
7obligation of moneys for the acquisition from the appropriation under s. 20.866 (2)
8(ta).
AB245-AA2,7s 9Section 7s. 23.0917 (5t) (b) of the statutes is created to read:
AB245-AA2,2,1510 23.0917 (5t) (b) For the proposed acquisition of land located north of USH 8,
11the department may not approve the obligation of moneys for the acquisition from
12the appropriation under s. 20.866 (2) (ta) and may not notify the joint committee on
13finance of the proposal, if required under sub. (6m), unless every city, village, town,
14or county in which the land is located adopts a resolution under this subsection
15approving the acquisition by a simple majority vote of the governing body.”.
AB245-AA2,2,16 163. Page 16, line 12: after that line insert:
AB245-AA2,2,22 17(12) There is established in the local government fund a separate account that
18is designated the “community youth and family aids account” for the improvement
19and provision of community-based juvenile delinquency-related services under s.
2048.526 and juvenile correctional services under s. 301.26 and for reimbursement to
21counties having a population of less than 750,000 for the cost of court attached intake
22services as provided in s. 938.06 (4).”.
AB245-AA2,2,23 234. Page 17, line 15: after that line insert:
AB245-AA2,3,2
1 Section 15f. 40.02 (48) (b) 5. of the statutes, as created by 2023 Wisconsin Act
24
, is amended to read:
AB245-AA2,3,163 40.02 (48) (b) 5. A “county jailer" is an employee of a county whose principal
4duties involve supervising, controlling, or maintaining a jail or house of correction
5or the persons confined in a jail, as assigned by the sheriff under s. 59.27 (1), or the
6persons confined in a house of correction, as assigned by a county board of
7supervisors under s. 303.17,
regardless of whether the employee has been sworn
8regarding his or her duties or whether the employee serves on a full-time basis,
9provided the department receives notification of the participant's name as provided
10in s. 40.06 (1) (d) and (dm). Notwithstanding par. (a), an employer may classify an
11employee who is a county jailer as a protective occupation participant under par. (am)
1223. without making a determination that the principal duties of the employee involve
13active law enforcement or active fire suppression or prevention. A determination
14under this subdivision may not be appealed under s. 40.06 (1) (e) or (em). A county
15jailer is not a protective occupation participant if he or she so elects with the employer
16under s. 59.52 (8m) or 2023 Wisconsin Act 4.
AB245-AA2,15m 17Section 15m. 40.21 (7) (b) of the statutes is amended to read:
AB245-AA2,3,2118 40.21 (7) (b) Any municipal employer, other than a 1st class city or county with
19a population of at least 750,000,
that elects to be included within the provisions of
20the Wisconsin Retirement System under sub. (1) on or after March 2, 2016, may
21choose not to include any of its public utility employees.”.
AB245-AA2,3,23 225. Page 17, line 18: delete “Advisory and contingent Contingent" and
23substitute “Advisory and contingent".
AB245-AA2,4,3
16. Page 17, line 21: after “referendum." insert “The board may not conduct a
2referendum for advisory purposes, except for an advisory referendum regarding
3capital expenditures proposed to be funded by the county property tax levy.
".
AB245-AA2,4,4 47. Page 17, line 22: delete that line and substitute:
AB245-AA2,4,5 5 Section 18m. 59.605 (3) (c) of the statutes is amended to read:
AB245-AA2,4,126 59.605 (3) (c) 1. If a county transfers to another governmental unit
7responsibility for providing any service that the county provided in the preceding
8year, the levy rate limit otherwise applicable under this section to the county in the
9current year is decreased to reflect the cost that the county would have incurred to
10provide that service, as determined by the department of revenue. The levy rate limit
11adjustment under this subdivision applies only if the county and transferee
12governmental unit file a notice of service transfer with the department of revenue.
AB245-AA2,4,1913 2. If a county increases the services that it provides by adding responsibility
14for providing a service transferred to it from another governmental unit in any year,
15the levy rate limit otherwise applicable under this section to the county in the current
16year is increased to reflect the cost of that service, as determined by the department
17of revenue. The levy rate limit adjustment under this subdivision applies only if the
18county and transferor governmental unit file a notice of service transfer with the
19department of revenue.
”.
AB245-AA2,4,20 208. Page 18, line 2: after “required” insert “normal cost”.
AB245-AA2,4,21 219. Page 18, line 16: after “using" insert “not more than".
AB245-AA2,4,23 2210. Page 18, line 19: after “System" insert “for participating employees, as
23defined in s. 40.02 (46)".
AB245-AA2,5,3
111. Page 18, line 24: after “board." insert “No trustee or administrator of a
2retirement system of any retirement system established under chapter 201, laws of
31937
, shall be subject to liability for complying with this subsection.".
AB245-AA2,5,5 412. Page 19, line 18: after “expenditures." insert “This subsection does not
5apply if the county is not imposing a tax under s. 77.70 (2) (a).".
AB245-AA2,5,7 613. Page 19, line 21: after “board." insert “This subsection does not apply if the
7county is not imposing a tax under s. 77.70 (2) (a).".
AB245-AA2,5,8 814. Page 24, line 6: after “submitted" insert “under sub. (1j)".
AB245-AA2,5,9 915. Page 24, line 8: after “submitted" insert “under sub. (1j)".
AB245-AA2,5,13 1016. Page 24, line 9: delete the material beginning with “Individuals" and
11ending with “respectively" on line 15 and substitute “For an appointment that is
12required to be selected from a list under this subsection, the mayor shall make the
13appointment within 45 days after receiving a list under sub. (1j).
”.
AB245-AA2,5,16 1417. Page 25, line 11: after “city." insert “A member of the board may not
15continue in office after the expiration of his or her term unless the member is
16reappointed to the board and confirmed by the common council.
".
AB245-AA2,5,17 1718. Page 25, line 18: after that line insert:
AB245-AA2,5,18 18 Section 37m. 62.50 (1j) of the statutes is created to read:
AB245-AA2,6,719 62.50 (1j) Selection of certain board members. Lists of individuals submitted
20under sub. (1h) by the employee association that represents nonsupervisory law
21enforcement officers and the employee association that represents fire fighters for
22selection shall each contain 3 names. Individuals included in a list under this
23subsection by an employee association that represents nonsupervisory law

1enforcement officers or fire fighters shall have professional law enforcement
2experience or professional fire fighting experience, respectively, and shall be at least
35 years removed from service as a professional law enforcement officer or fire fighter,
4respectively. Individuals included in a list under this subsection shall be residents
5of the 1st class city and may not be currently employed by the 1st class city. A list
6under this subsection shall be provided not more than 3 months after the occurrence
7of a vacancy in a position to be filled by selection from a list under this subsection.”.
AB245-AA2,6,8 819. Page 27, line 8: after “using” insert “not more than".
AB245-AA2,6,10 920. Page 27, line 10: after “System" insert “for participating employees, as
10defined in s. 40.02 (46)".
AB245-AA2,6,13 1121. Page 27, line 15: after “city." insert “No trustee or administrator of a
12retirement system of a 1st class city shall be subject to liability for complying with
13this section.".
AB245-AA2,6,15 1422. Page 28, line 10: after “expenditures." insert “This subsection does not
15apply if the city is not imposing a tax under s. 77.701 (1).".
AB245-AA2,6,17 1623. Page 28, line 13: after “council." insert “This subsection does not apply if
17the city is not imposing a tax under s. 77.701 (1).".
AB245-AA2,6,23 1824. Page 29, line 2: after “s. 213.10 (1g)" insert “, not including law
19enforcement officers or fire fighters whose positions are funded by grants received
20from the state or federal government. The 1st class city may use any reasonable
21method of estimating the number of full-time equivalent law enforcement officers
22employed by the 1st class city and the daily staffing level of the paid fire department
23for the year, but may consider only positions that are actually filled".
AB245-AA2,6,24 2425. Page 29, line 5: after “increase" insert “or maintain".
AB245-AA2,7,4
126. Page 29, line 22: after “needed." insert “In addition, beginning January
21, 2024, the school board of the 1st class city school district that is located in the 1st
3class city shall ensure that the school resource officers complete the 40-hour course
4sponsored by the National Association of School Resource Officers.".
AB245-AA2,7,7 527. Page 30, line 13: after “purposes" insert “, except for an advisory
6referendum regarding capital expenditures proposed to be funded by the property
7tax levy of the city, village, or town".
AB245-AA2,7,8 828. Page 32, line 14: after that line insert:
AB245-AA2,7,11 9“(am) “Conditional use permit” means a form of approval, including a special
10exception or other special zoning permission, granted by a political subdivision
11pursuant to a zoning ordinance for the operation of a quarry.”.
AB245-AA2,7,12 1229. Page 33, line 11: delete lines 11 to 13 and substitute:
AB245-AA2,7,16 13(2m) Effective dates of certain ordinances. For purposes of sub. (3) (a) 3.,
14the date on which a town or county enacts a zoning ordinance that requires a
15conditional use permit for a quarry operator to conduct quarry operations is the date
16the ordinance becomes effective, except as follows:
AB245-AA2,8,317 (a) If a town that previously did not have a general zoning ordinance enacts a
18general zoning ordinance requiring a conditional use permit to conduct quarry
19operations and the town ceases to be covered by a county general zoning ordinance
20that required a conditional use permit to conduct quarry operations, a conditional
21use permit for a quarry in effect at the time of the transition from county zoning to
22town zoning shall continue in effect and the conditional use permit shall be treated
23as if it was originally issued by the town. For purposes of a conditional use permit
24subject to this paragraph, the date of the adoption of the town ordinance shall be

1deemed to be the date the conditional use permit was issued by the county but only
2with respect to requirements that were included in the county ordinance on the date
3the conditional use permit was issued and that were adopted in the town ordinance.
AB245-AA2,8,154 (b) If a town that has a general zoning ordinance requiring a conditional use
5permit to conduct quarry operations repeals its zoning ordinance and becomes
6subject to a county general zoning ordinance under s. 59.69 (5) (c) and the county
7zoning ordinance requires a conditional use permit to conduct quarry operations, a
8conditional use permit for a quarry in effect at the time of the transition from town
9zoning to county zoning shall continue in effect and the conditional use permit shall
10be treated as if it was originally issued by the county. For purposes of a conditional
11use permit subject to this paragraph, the date of the adoption of the county ordinance
12shall be deemed to be the date the conditional use permit was issued by the town but
13only with respect to requirements that were included in the town ordinance on the
14date the conditional use permit was issued and that were adopted in the county
15ordinance.”.
AB245-AA2,8,16 1630. Page 33, line 21: delete “zoning" and substitute “conditional use".
AB245-AA2,8,17 1731. Page 33, line 24: delete “zoning" and substitute “conditional use".
AB245-AA2,8,18 1832. Page 34, line 6: delete “zoning" and substitute “conditional use".
AB245-AA2,8,19 1933. Page 37, line 4: after that line insert:
AB245-AA2,8,20 20 Section 52g. 66.0602 (1) (cm) of the statutes is created to read:
AB245-AA2,8,2221 66.0602 (1) (cm) “Tax incremental base” has the meaning given in s. 66.1105
22(2) (j).
AB245-AA2,52m 23Section 52m. 66.0602 (1) (d) of the statutes is amended to read:
AB245-AA2,9,7
166.0602 (1) (d) “Valuation factor" means a percentage equal to the greater of
2either the percentage change in the political subdivision's January 1 equalized value
3due to new construction less improvements removed between the previous year and
4the current or zero 0 percent. For a tax incremental district created after December
531, 2024, the valuation factor includes 90 percent of the equalized value increase due
6to new construction that is located in a tax incremental district, but does not include
7any improvements removed in a tax incremental district.
AB245-AA2,52s 8Section 52s. 66.0602 (1) (e) of the statutes is created to read:
AB245-AA2,9,99 66.0602 (1) (e) “Value increment” has the meaning given in s. 66.1105 (2) (m).”.
AB245-AA2,9,10 1034. Page 37, line 5: delete that line and substitute:
AB245-AA2,9,11 11 Section 53g. 66.0602 (3) (a) of the statutes is amended to read:
AB245-AA2,9,1912 66.0602 (3) (a) If a political subdivision transfers to another governmental unit
13responsibility for providing any service that the political subdivision provided in the
14preceding year, the levy increase limit otherwise applicable under this section to the
15political subdivision in the current year is decreased to reflect the cost that the
16political subdivision would have incurred to provide that service, as determined by
17the department of revenue. The levy increase limit adjustment under this paragraph
18applies only if the transferor and transferee file a notice of service transfer with the
19department of revenue.
AB245-AA2,53s 20Section 53s. 66.0602 (3) (b) of the statutes is amended to read:
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