AB 91 — Relating to: the requirement that first class cities and first class city school districts place school resource officers in schools. (FE)

CORRECTED COPY - 2026 LEGISLATURE LRBa0056/1LRB-2256/1 FFK:skwFFK&KP:emw&skw ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 91 MarchFebruary 6,28, 2025 - OfferedIntroduced by RepresentatONOVANRepresentatives D ONOVAN , BEHNKE , BRILL, DITTRICH, GUNDRUM , KURTZ , MAXEY , MURPHY , NOVAK, O'CONNOR , TUSLER , W ITTKE and K AUFERT , cosponsored by Senators W ANGGAARD , FEYEN and TOMCZYK .

AtReferred theto locationsCommittee indicated,on amendCriminal theJustice billand asPublic follows:Safety.

A N A CT 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 “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 days to comply with the January 23, 2025 order.

- 2026 Legislature - 2 - LRB-2256/1 FFK&KP:emw&skw ASSEMBLY BILL 91 SECTION 1 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 - 2026 Legislature - 3 - LRB-2256/1 FFK&KP:emw&skw ASSEMBLY BILL 91 SECTION 1 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, “law:

Page“Law 3,enforcement lineofficer” 10: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 “school.

delete X75Y and substitute X50Y.

Page“School 3,resource lineofficer” 12:means a law enforcement officer who is deployed in community-oriented policing and assigned by the law enforcement agency, as defined in s.

delete165.83 X25Y(1) and(b), substitutethat X50Y.employs him or her to work in a full-time capacity in collaboration with a school district.

ENDS )ECTION 2.

62.90 (8) (c), (d) and (e) of the statutes are created to read:

- 2026 Legislature - 4 - LRB-2256/1 FFK&KP:emw&skw ASSEMBLY BILL 91 SECTION 2 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.