February 28, 2025 - Introduced by Representatives Donovan, Behnke, Brill, Dittrich, Gundrum, Kurtz, Maxey, Murphy, Novak, O'Connor, Tusler, Wittke and Kaufert, cosponsored by Senators Wanggaard, Feyen and Tomczyk. Referred to Committee on Criminal Justice and Public Safety.
AB91,1,4
1An Act to renumber and amend 62.90 (8); to amend 79.02 (2) (b) and 79.02 2(3); to create 62.90 (8) (c), (d) and (e), 79.02 (4) and 115.437 (2) (b) 3. of the 3statutes; relating to: the requirement that first class cities and first class city
4school 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 “school resource officer” 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.
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:
AB91,1
1Section 1. 62.90 (8) of the statutes is renumbered 62.90 (8) (b) and amended 2to read: AB91,3,13362.90 (8) (b) Beginning January 1, 2024, the school board of the 1st class city 4school district that is located in the 1st class city shall ensure that not fewer than 25 5school resource officers are present at schools within the school district during
1normal school hours and that school resource officers are available during before-2school and after-school care, extracurricular activities, and sporting events as 3needed. In addition, beginning January 1, 2024, the school board of the 1st class 4city school district that is located in the 1st class city shall ensure that the school 5resource officers complete the 40-hour course sponsored by the National Association 6of School Resource Officers. Beginning in the 2025-26 school year, the school board 7of the 1st class city school district that is located in the 1st class city shall consider 8the statistics it receives under s. 118.124 (3) (a) when deciding at which schools to 9place school resource officers required under this subsection. The 1st class city 10school district and the 1st class city shall agree to an apportionment of apportion 75 11percent of the costs of meeting the requirements of this subsection to the 1st class 12city school district and 25 percent of the costs of meeting the requirements of this 13subsection to the 1st class city. AB91,3,1414(a) In this subsection, “law: AB91,3,19151. “Law enforcement officer” means a person who is employed by the state or 16a political subdivision of the state for the purpose of detecting and preventing crime 17and enforcing laws or ordinances and who is authorized to make arrests for 18violations of the laws or ordinances that the person is employed to enforce, and 19“school. AB91,3,23202. “School resource officer” means a law enforcement officer who is deployed 21in community-oriented policing and assigned by the law enforcement agency, as 22defined in s. 165.83 (1) (b), that employs him or her to work in a full-time capacity in 23collaboration with a school district. AB91,224Section 2. 62.90 (8) (c), (d) and (e) of the statutes are created to read: AB91,4,5
162.90 (8) (c) The 1st class city and the school board of the 1st class city school 2district shall enter into an agreement to implement the requirements under par. 3(b), and if an agreement under this paragraph terminates, the 1st class city and the 4school board of the 1st class city school district shall enter into an agreement under 5this paragraph no later than 30 days after the termination. AB91,4,96(d) By no later than 30 days after an agreement is reached under par. (c), the 71st class city shall certify to the joint committee on finance that at least 25 law 8enforcement officers are trained and available to be placed by the school board of 9the 1st class city school district in schools within the 1st class city school district. AB91,4,1310(e) By no later than 30 days after the certification is made under par. (d), the 11school board of the 1st class city school district shall certify to the joint committee 12on finance that at least 25 school resource officers are present in schools within the 13school district. AB91,314Section 3. 79.02 (2) (b) of the statutes is amended to read: AB91,4,201579.02 (2) (b) Subject to sub. (4) and ss. 59.605 (4) and 70.995 (14) (b), 16payments in July shall equal 15 percent of the municipality’s or county’s estimated 17payments under ss. 79.035, 79.036, 79.037, 79.038, 79.039, and 79.04 and 100 18percent of the municipality’s estimated payments under s. 79.05. Upon 19certification by the department of revenue, the estimated payment under s. 79.05 20may be distributed before the 4th Monday in July. AB91,421Section 4. 79.02 (3) of the statutes is amended to read: AB91,5,22279.02 (3) Subject to sub. (4) and s. 59.605 (4), payments to each municipality 23and county in November shall equal that municipality’s or county’s entitlement 24under ss. 79.035, 79.036, 79.037, 79.038, 79.039, 79.04, and 79.05 for the current
1year, minus the amount distributed to the municipality or county under sub. (2) (b) 2and minus any amount withheld under sub. (4). AB91,53Section 5. 79.02 (4) of the statutes is created to read: AB91,5,11479.02 (4) (a) For the distribution in 2025 and subsequent years, if a 5municipality that is subject to the requirement under s. 62.90 (8) (c) does not 6provide evidence to the department of administration that it has entered into an 7agreement with the school board of a 1st class city school district by the deadline 8provided in s. 62.90 (8) (c), the department of administration shall withhold 10 9percent of the municipality’s total of payments under s. 79.037 until the 10municipality provides evidence to the department of administration that it is in 11compliance with s. 62.90 (8) (c). AB91,5,1712(b) For the distribution in 2025 and subsequent years, if a municipality has 13entered into an agreement required under s. 62.90 (8) (c) and does not provide 14certification to the joint committee on finance under s. 62.90 (8) (d) by the deadline 15provided in that paragraph, the department of administration shall withhold 10 16percent of the municipality’s total of payments under s. 79.037 until the 17municipality makes the certification required under s. 62.90 (8) (d). AB91,618Section 6. 115.437 (2) (b) 3. of the statutes is created to read: AB91,5,2019115.437 (2) (b) 3. Annually, on the 4th Monday of March, the department 20shall withhold aid under par. (a) from a 1st class city school district as follows: AB91,6,221a. If the school board of the 1st class city school district does not provide 22evidence to the department that it has entered into an agreement with the 1st class 23city as required under s. 62.90 (8) (c), the department shall withhold aid in an 24amount equal to 20 percent of the amount calculated under par. (a) until the school
1board of the 1st class city school district provides evidence to the department that is 2in compliance with s. 62.90 (8) (c). AB91,6,83b. If a certification is made under s. 62.90 (8) (d) and the school board of the 41st class city school district has not made the certification required under s. 62.90 5(8) (e) by the deadline provided in that paragraph, the department shall withhold 6aid in an amount equal to 20 percent of the amount calculated under par. (a) until 7the school board of the 1st class city school district makes the certification required 8under s. 62.90 (8) (e). AB91,79Section 7. Nonstatutory provisions. AB91,6,1010(1) Initial agreement and certifications. AB91,6,1311(a) Deadline. Notwithstanding s. 62.90 (8) (d) and (e), by no later than 30 days 12after the effective date of this subsection, a 1st class city and the school board of the 131st class city school district shall do all of the following: AB91,6,15141. Enter into an agreement to implement the requirements under s. 62.90 (8) 15(b). AB91,6,18162. Jointly certify to the joint committee on finance that at least 25 school 17resource officers, as defined in s. 62.90 (8) (a) 2., are present in schools within the 181st class city school district. AB91,7,319(b) School district consequences. For purposes of withholding per pupil aid 20under s. 115.437 (2) (b) 3. in the school year beginning after the effective date of this 21paragraph, a failure by the school board of a 1st class city to comply with par. (a) 1. 22by the deadline provided in par. (a) is considered a failure to provide evidence to the 23department that it has entered into an agreement with the 1st class city as 24required under s. 62.90 (8) (c) and a failure by the school board of a 1st class city to
1comply with par. (a) 2. by the deadline provided in par. (a) is considered a failure to 2make the certification required under s. 62.90 (8) (e) by the deadline provided in s. 362.90 (8) (e). AB91,7,114(c) First class city. For purposes of withholding supplemental county and 5municipal aid under s. 79.02 (4) for the distribution for 2025, a failure by a 1st class 6city to comply with par. (a) 1. by the deadline provided in par. (a) is considered a 7failure to provide evidence to the department of administration that it has entered 8into an agreement with the 1st class city school district as required under s. 62.90 9(8) (c) and a failure by a 1st class city to comply with par. (a) 2. by the deadline 10provided in par. (a) is considered a failure to make the certification required under 11s. 62.90 (8) (d) by the deadline provided in s. 62.90 (8) (d).
