LRBs0277/3
MES/RAC/JK:wlj:jm
2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2011 SENATE BILL 18
February 21, 2012 - Offered by Representative Spanbauer.
SB18-ASA2,1,9
1An Act to repeal 66.0137 (4m) (a);
to renumber and amend 66.0137 (1) (ae);
2to amend 20.835 (1) (db), 66.0137 (3), 66.0137 (5) (c) 1., 66.0137 (5) (c) 2.,
366.0137 (5) (c) 3. (intro.), 66.0137 (5) (c) 3. b., 79.01 (2d), 79.035 (3), 79.035 (4)
4(a) and 79.035 (5);
to repeal and recreate 20.835 (1) (db); and
to create 16.14,
520.505 (1) (cr), 66.0137 (1) (af), 66.0137 (1) (am), 66.0137 (1) (ap), 66.0137 (1)
6(c), 66.0137 (5) (c) 1m., 66.0137 (5) (c) 4., 66.0137 (5) (c) 5. and 79.035 (6) of the
7statutes;
relating to: requiring the payment of health insurance premiums,
8and establishing a loan program, for survivors of a law enforcement officer or
9fire fighter who dies, or has died, in the line of duty and making appropriations.
Analysis by the Legislative Reference Bureau
Subject to a number of limitations, current law requires a city, village, or town
(municipality) that pays health insurance premiums for its employees who are fire
fighters to pay such premiums for the surviving spouse and dependent children of
a fire fighter who dies, or has died, in the line of duty. This general current law
requirement does not apply to a surviving spouse who remarries or reaches the age
of 65, or to a dependent child who reaches the age of 18 and is not a full-time high
school student. Current law does require premium payments to be made for a
dependent child who is a full-time or part-time student in an accredited college or
university until the close of the calendar year in which the individual reaches the age
of 26. This substitute amendment does not require such premium payments to be
made after such an individual reaches the age of 26.
The substitute amendment requires a municipality or county (political
subdivision) that pays health insurance premiums for its employees who are law
enforcement officers to pay such premiums, for a maximum of five years, for the
surviving spouse and dependent children of a law enforcement officer who dies, or
has died, in the line of duty. The substitute amendment does not, however, apply the
five-year maximum time for premium payments to the surviving spouse and
dependent children of a local government fire fighter who falls in the line of duty.
In addition, the substitute amendment requires the state to reimburse political
subdivisions for premiums paid to cover the surviving spouses and dependents of
fallen fire fighters and law enforcement officers that were paid by the political
subdivisions and that were not otherwise required to be paid under an
employment-related benefit provided to the fire fighter or law enforcement officer.
The substitute amendment establishes a process whereby political subdivisions may
seek reimbursement of the payment of premiums from the Department of
Administration (DOA).
The substitute amendment also requires the state to pay health insurance
premiums, for a maximum of five years, for the surviving spouse and dependent
children of a law enforcement officer or fire fighter who was employed by the state
and who dies, or has died, in the line of duty. The state is to pay these health
insurance premiums only after any sick leave credits that may be used for the
purchase of health insurance have been exhausted.
The substitute amendment further requires DOA to establish a loan program
for surviving spouses of law enforcement officers and fire fighters who have died in
the line of duty. The loan program must provide for the payment of a loan to a
surviving spouse in an amount equal to the salary that would have been paid his or
her deceased spouse had he or she not died in the line of duty. The loan must be
disbursed to coincide with the pay period that applied to the deceased spouse, must
be secured by the proceeds of any life insurance policy that covered the deceased
spouse, and must come due when a surviving spouse receives the proceeds from the
life insurance policy that covered his or her deceased spouse. No loan may be made
for any period after the proceeds of a life insurance policy have been disbursed to the
surviving spouse. To qualify for a loan, a surviving spouse must apply for the loan
on a form prepared by DOA; provide all documentation required by DOA to verify
that his or her spouse died in the line of duty; provide all documentation required by
DOA to verify the salary of the deceased spouse; and enter into an agreement with
DOA that any loan must be secured by the proceeds of a life insurance policy that
covered his or her deceased spouse.
Under the substitute amendment, the amounts that DOA disburses for
premiums, reimbursements, and loans for surviving spouses of law enforcement
officers and fire fighters employed by a political subdivision are paid from the county
and municipal aid account (shared revenue), and the total amount of shared revenue
payments is decreased by the amounts disbursed by DOA.
The substitute amendment first applies, retroactively, to a law enforcement
officer or fire fighter who has died in the line of duty before the effective date of the
substitute amendment, but only with respect to the payment of health insurance
premiums that come due on or after the effective date of this substitute amendment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB18-ASA2,3,4
216.14 Paying health insurance premiums, and establishing a loan
3program, for dependents of law enforcement officers or fire fighters who
4die in line of duty. (1) In this section:
SB18-ASA2,3,95
(a) "Dies in the line of duty" means a death that occurs, or occurred, as a direct
6and proximate result of one or more of the following, sustained by a law enforcement
7officer or fire fighter while he or she was engaged in a line of duty activity, or that
8arose out of and as a result of such an individual's performance of a line of duty
9activity:
SB18-ASA2,3,1010
1. A personal injury.
SB18-ASA2,3,1111
2. The contraction of an infectious disease.
SB18-ASA2,3,1212
3. Exposure to hazardous materials or conditions.
SB18-ASA2,3,1513
(ae) "Fire fighter" means any individual employed by the state, including forest
14rangers, foresters, and pilots, whose principal duties include fire fighting or forest
15fire control.
SB18-ASA2,4,216
(b) "Law enforcement officer" means any person employed by the state for the
17purpose of detecting and preventing crime and enforcing laws and who is authorized
1to make arrests for violations of the laws that the person is employed to enforce or
2any person who is a correctional officer, as defined in s. 301.28 (1).
SB18-ASA2,4,83
(c) "Line of duty activity" means any employment-related action taken by a law
4enforcement officer or fire fighter that is required or authorized by law, rule,
5regulation, or condition of employment and for which compensation is provided by
6his or her employer or would have been eligible to have been provided by the
7employer if the law enforcement officer or fire fighter had been on duty when he or
8she took the action in question.
SB18-ASA2,4,99
(d) "Political subdivision" has the meaning given in s. 66.0137 (1)
(c).
SB18-ASA2,4,18
10(2) (a) Except as provided in pars. (b) to (d), if a law enforcement officer or fire
11fighter dies in the line of duty the department shall pay the premiums for hospital,
12surgical, and other health insurance for the surviving spouse and dependent
13children of the law enforcement officer or fire fighter. The department shall either
14reimburse the surviving spouse and dependent children for the payment of the
15premiums or shall pay the premiums directly to the department of employee trust
16funds for health care coverage under subch. IV of ch. 40, whichever the department
17considers appropriate. Premiums shall be paid from the appropriation under s.
1820.505 (1) (cr).
SB18-ASA2,4,2119
(b) The department shall pay the premiums for the surviving spouse only until
20the spouse remarries or reaches the age of 65, or for the first 5 years after the
21deceased spouse dies in the line of duty, whichever occurs first.
SB18-ASA2,4,2422
(c) Except as provided in par. (e), the department shall pay the premiums for
23a surviving dependent child only until he or she reaches the age of 18 unless any of
24the following applies:
SB18-ASA2,4,2525
1. The individual is a full-time student in a secondary school.
SB18-ASA2,5,3
12. The individual is a full-time or part-time student in an accredited college
2or university, except that this subdivision does not apply to such an individual after
3the individual reaches the age of 26.
SB18-ASA2,5,64
(d) The department shall pay the premiums for the surviving spouse and
5dependent children of the law enforcement officer or fire fighter only after the
6exhaustion of any credits under ss. 40.05 (4) (b) and 40.95 (1).
SB18-ASA2,5,97
(e) Notwithstanding the provisions of par. (c), the department may not pay the
8premiums for a surviving dependent child for more than 5 years after his or her
9parent dies in the line of duty.
SB18-ASA2,5,14
10(3) The department shall reimburse any political subdivision for health
11insurance premiums paid by the political subdivision under s. 66.0137 (5) (c) 1. and
121m., provided the political subdivision submits the form and certification under s.
1366.0137 (5) (c) 4. The reimbursement shall be paid from the appropriation under s.
1420.835 (1) (db).
SB18-ASA2,6,6
15(4) The department shall establish a loan program for surviving spouses of law
16enforcement officers or fire fighters who have died in the line of duty and for
17surviving spouses identified in s. 66.0137 (5) (c) 1. or 1m. The loan program shall
18provide for the payment of a loan to a surviving spouse in an amount equal to the
19salary that would have been paid his or her deceased spouse had he or she not died
20in the line of duty. The loan shall be disbursed to coincide with the pay period that
21applied to the deceased spouse and shall be secured by the proceeds of any life
22insurance policy that covered the deceased spouse. Loans made for surviving
23spouses of law enforcement officers or fire fighters shall be paid from the
24appropriation under s. 20.505 (1) (cr), and loans made for surviving spouses
25identified in s. 66.0137 (5) (c) 1. or 1m. shall be paid from the appropriation under
1s. 20.835 (1) (db). The repayment of loans shall be credited to the general fund as
2general purpose revenue-earned. A loan shall come due when a surviving spouse
3receives the proceeds from the life insurance policy that covered his or her deceased
4spouse. No loan shall be made for any period after the proceeds of a life insurance
5policy have been disbursed to the surviving spouse. To qualify for a loan under this
6subsection, a surviving spouse shall do all of the following:
SB18-ASA2,6,77
(a) Apply for the loan on a form prepared by the department.
SB18-ASA2,6,108
(b) Provide all documentation required by the department to verify that his or
9her spouse was a law enforcement officer or fire fighter who died in the line of duty
10or was an individual identified in s. 66.0137 (5) (c) 1. or 1m.
SB18-ASA2,6,1211
(c) Provide all documentation required by the department to verify the salary
12of the deceased spouse.
SB18-ASA2,6,1513
(d) Enter into an agreement with the department that any loan made under
14this subsection shall be secured by the proceeds of a life insurance policy that covered
15his or her deceased spouse.
SB18-ASA2, s. 2
16Section
2. 20.505 (1) (cr) of the statutes is created to read:
SB18-ASA2,6,2017
20.505
(1) (cr)
Payment of health insurance premiums and loans for law
18enforcement officers or fire fighters who die in line of duty. A sum sufficient to pay
19the premiums and reimbursements and make loans for surviving spouses of law
20enforcement officers or fire fighters under s. 16.14.
SB18-ASA2,7,223
20.835
(1) (db)
County and municipal aid account. A sum sufficient to make
24payments to counties, towns, villages, and cities under s. 79.035, less the amount
25paid from the appropriations under pars. (q) and (r)
, and to pay the premiums and
1reimbursements and make loans under s. 16.14 for surviving spouses identified in
2s. 66.0137 (5) (c) 1. or 1m.
SB18-ASA2,7,95
20.835
(1) (db)
County and municipal aid account. A sum sufficient to make
6payments to counties, towns, villages, and cities under s. 79.035, less the amount
7paid from the appropriation under par. (r), and to pay the premiums and
8reimbursements and make loans under s. 16.14 for surviving spouses identified in
9s. 66.0137 (5) (c) 1. or 1m.
SB18-ASA2, s. 5
10Section
5. 66.0137 (1) (ae) of the statutes is renumbered 66.0137 (1) (as) and
11amended to read:
SB18-ASA2,7,1512
66.0137
(1) (as) "Local governmental unit" means a
municipality, county
13political subdivision, school district (as enumerated in s. 67.01 (5)), sewerage district,
14drainage district, and, without limitation because of enumeration, any other political
15subdivision of the state.
SB18-ASA2, s. 6
16Section
6. 66.0137 (1) (af) of the statutes is created to read:
SB18-ASA2,7,2117
66.0137
(1) (af) "Dies in the line of duty" means a death that occurs, or occurred,
18as a direct and proximate result of one or more of the following, sustained by a law
19enforcement officer or fire fighter while he or she was engaged in a line of duty
20activity or that arose out of and as a result of such an individual's performance of a
21line of duty activity:
SB18-ASA2,7,2222
1. A personal injury.
SB18-ASA2,7,2323
2. The contraction of an infectious disease.
