LRB-1632/1
MES/FFK/JK:emw
2017 - 2018 LEGISLATURE
March 9, 2017 - Introduced by Senators Wanggaard, Bewley, Darling, Carpenter,
Erpenbach, Feyen, Hansen, Harsdorf, Johnson, Lasee, Marklein, Olsen,
Petrowski, Testin, Vukmir and Wirch, cosponsored by Representatives
Spiros, Barca, Edming, Anderson, Ballweg, Berceau, Bernier, Billings,
Bowen, Brandtjen, E. Brooks, R. Brooks, Brostoff, Crowley, Doyle, Hebl,
Hesselbein, Horlacher, Jacque, Kleefisch, Kolste, Kremer, Krug, Macco,
Meyers, Murphy, Mursau, Nerison, Novak, Ohnstad, Ott, Pronschinske,
Quinn, Rohrkaste, Sargent, Schraa, Skowronski, Snyder, Spreitzer,
Subeck, Tauchen, C. Taylor, Tittl, Tranel, Tusler, Vruwink, Wichgers,
Zimmerman and Goyke. Referred to Committee on Insurance, Housing and
Trade.
SB97,1,10
1An Act to repeal 66.0137 (4m) (a);
to renumber and amend 66.0137 (1) (ae);
2to amend 20.835 (1) (db), 59.23 (2) (s), 66.0137 (3), 66.0137 (5) (c) 1., 66.0137
3(5) (c) 2., 79.01 (2d) and 79.035 (5);
to repeal and recreate 66.0137 (5) (c) 3.
4and 79.035 (5); and
to create 16.14, 20.505 (1) (cr), 66.0137 (1) (af), 66.0137 (1)
5(ag), 66.0137 (1) (am), 66.0137 (1) (ap), 66.0137 (1) (c), 66.0137 (5) (c) 1m.,
666.0137 (5) (c) 4., 66.0137 (5) (c) 5. and 79.035 (7) of the statutes;
relating to:
7requiring the payment of health insurance premiums, and establishing a loan
8program, for survivors of a law enforcement officer, emergency medical
9technician, or fire fighter who dies in the line of duty and making
10appropriations.
Analysis by the Legislative Reference Bureau
This bill establishes a health insurance benefit and loan program for the
surviving spouses and dependent children of law enforcement officers and fire
fighters employed by the state who die in the line of duty and for the surviving
spouses and dependent children of local government law enforcement officers, fire
fighters, and emergency medical technicians who die in the line of duty.
Under the health insurance benefit part of the program, the Department of
Administration pays, or reimburses the surviving spouses of law enforcement
officers or fire fighters employed by the state who die in the line of duty for the
payment of, health insurance premiums for the spouses and the surviving dependent
children. In addition, DOA reimburses local governments for health insurance
premiums paid by the local governments for the surviving spouses and dependent
children of local government law enforcement officers, fire fighters, and emergency
medical technicians who die in the line of duty. These payments are made for the
surviving spouse until he or she remarries or reaches the age of 65 and, generally,
for surviving dependent children until they reach the age of 26.
Under the loan part of the program, DOA must provide for the payment of a loan
to a surviving spouse in an amount equal to the salary that would have been paid to
his or her deceased spouse had the spouse 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 a life insurance policy that covered the deceased
spouse, and must come due when a surviving spouse receives the proceeds from the
life insurance policy.
For the surviving spouses and dependent children of law enforcement officers
or fire fighters employed by the state, the health insurance benefit and loan program
is funded from the general fund. For the surviving spouses and dependent children
of local government law enforcement officers, fire fighters, and emergency medical
technicians, the program is funded from reduced shared revenue payments that
would otherwise be paid to the local governments.
This program applies retroactively and covers surviving spouses and
dependent children of law enforcement officers, fire fighters, and emergency medical
technicians who died at any time in the line of duty, but only with respect to future
health insurance benefits and loans.
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:
SB97,1
1Section
1. 16.14 of the statutes is created to read:
SB97,2,4
216.14 Paying health insurance premiums, and establishing a loan
3program, for surviving spouses and dependents of law enforcement
4officers or fire fighters who die in the line of duty. (1) In this section:
SB97,3,35
(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
1officer or fire fighter while he or she was engaged in a line of duty activity, or that
2arose out of and as a result of such an individual's performance of a line of duty
3activity:
SB97,3,44
1. A personal injury.
SB97,3,55
2. The contraction of an infectious disease.
SB97,3,66
3. Exposure to hazardous materials or conditions.
SB97,3,97
(ae) “Fire fighter" means any individual employed by the state, including forest
8rangers, foresters, and pilots, whose principal duties include fire fighting or forest
9fire control.
SB97,3,1310
(b) “Law enforcement officer" means any person employed by the state for the
11purpose of detecting and preventing crime and enforcing laws and who is authorized
12to make arrests for violations of the laws that the person is employed to enforce or
13any person who is a correctional officer, as defined in s. 301.28 (1).
SB97,3,1914
(c) “Line of duty activity" means any employment-related action taken by a law
15enforcement officer or fire fighter that is required or authorized by law, rule,
16regulation, or condition of employment and for which compensation is provided by
17his or her employer or would have been eligible to have been provided by the
18employer if the law enforcement officer or fire fighter had been on duty when he or
19she took the action in question.
SB97,3,2020
(d) “Political subdivision" has the meaning given in s. 66.0137 (1) (c).
SB97,4,4
21(2) (a) Except as provided in pars. (b) to (d), if a law enforcement officer or fire
22fighter dies in the line of duty, the department shall pay the premiums for hospital,
23surgical, and other health insurance for the surviving spouse and dependent
24children of the law enforcement officer or fire fighter. The department shall either
25reimburse the surviving spouse and dependent children for the payment of the
1premiums or shall pay the premiums directly to the department of employee trust
2funds for health care coverage under subch. IV of ch. 40, whichever the department
3considers appropriate. Premiums shall be paid from the appropriation under s.
420.505 (1) (cr).
SB97,4,65
(b) The department shall pay the premiums for the surviving spouse only until
6the spouse remarries or reaches the age of 65, whichever occurs first.
SB97,4,97
(c) The department shall pay the premiums for a surviving dependent child
8only until he or she reaches the age of 26, but shall not pay any premiums if the
9surviving dependent child has insurance that is offered through his or her employer.
SB97,4,1210
(d) The department shall pay the premiums for the surviving spouse and
11surviving dependent children of the law enforcement officer or fire fighter only after
12the exhaustion of any credits under ss. 40.05 (4) (b) and 40.95 (1).
SB97,4,17
13(3) The department shall reimburse any political subdivision for health
14insurance premiums paid by the political subdivision under s. 66.0137 (5) (c) 1. and
151m., provided the political subdivision submits the form and certification under s.
1666.0137 (5) (c) 4. The reimbursement shall be paid from the appropriation under s.
1720.835 (1) (db).
SB97,5,8
18(4) The department shall establish a loan program for surviving spouses of law
19enforcement officers and fire fighters and for surviving spouses identified in s.
2066.0137 (5) (c) 1. or 1m. The loan program shall provide for the payment of a loan
21to a surviving spouse in an amount equal to the salary that would have been paid his
22or her deceased spouse had he or she not died in the line of duty. The loan shall be
23disbursed to coincide with the pay period that applied to the deceased spouse and
24must be secured by the proceeds of a life insurance policy that covered the deceased
25spouse. Loans made for surviving spouses of law enforcement officers or fire fighters
1shall be paid from the appropriation under s. 20.505 (1) (cr), and loans made for
2surviving spouses identified in s. 66.0137 (5) (c) 1. or 1m. shall be paid from the
3appropriation under s. 20.835 (1) (db). The repayment of loans shall be credited to
4the general fund as general purpose revenue-earned. A loan shall come due when
5a surviving spouse receives the proceeds from the life insurance policy that covered
6his or her deceased spouse. No loan shall be made for any period after the proceeds
7of a life insurance policy have been disbursed to the surviving spouse. To qualify for
8a loan under this subsection, a surviving spouse shall do all of the following:
SB97,5,99
(a) Apply for the loan on a form prepared by the department.
SB97,5,1210
(b) Provide all documentation required by the department to verify that his or
11her spouse was a law enforcement officer or fire fighter who died in the line of duty
12or was an individual identified in s. 66.0137 (5) (c) 1. or 1m.
SB97,5,1413
(c) Provide all documentation required by the department to verify the salary
14of the deceased spouse.
SB97,5,1715
(d) Enter into an agreement with the department that any loan made under
16this subsection shall be secured by the proceeds of a life insurance policy that covered
17his or her deceased spouse.
SB97,5,22
18(5) Except as needed to administer this section, the department shall keep
19confidential any personally identifiable information, as defined in s. 19.62 (5), of a
20surviving spouse and dependent children for whom the department makes a
21payment or reimbursement under sub. (2) or (3) and of a surviving spouse who
22applies for a loan under sub. (4).
SB97,2
23Section
2. 20.505 (1) (cr) of the statutes is created to read:
SB97,6,324
20.505
(1) (cr)
Payment of health insurance premiums and loans for law
25enforcement officers or fire fighters employed by the state who die in the line of duty.
1A sum sufficient to pay the premiums and reimbursements and make loans under
2s. 16.14 for surviving spouses and dependent children of law enforcement officers or
3fire fighters employed by the state.
SB97,3
4Section
3. 20.835 (1) (db) of the statutes is amended to read:
SB97,6,95
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 reimbursements to political
8subdivisions and make loans under s. 16.14 for surviving spouses identified in s.
966.0137 (5) (c) 1. or 1m.
SB97,4
10Section
4. 59.23 (2) (s) of the statutes is amended to read:
SB97,6,2011
59.23
(2) (s)
List of local officials. Annually, on the first Tuesday of June,
12transmit to the secretary of state a list showing the name, phone number, electronic
13mail address, and post-office address of local officials, including the chairperson,
14mayor, president, clerk, treasurer, council and board members, and assessor of each
15municipality, and of the elective or appointive officials of any other local
16governmental unit, as defined in s. 66.0135 (1) (c), that is located wholly or partly
17within the county. Such lists shall be placed on file for the information of the public.
18The clerk, secretary, or other administrative officer of a local governmental unit, as
19defined in s. 66.0137 (1)
(ae) (as), shall provide the county clerk the information he
20or she needs to complete the requirements of this paragraph.
SB97,5
21Section
5. 66.0137 (1) (ae) of the statutes is renumbered 66.0137 (1) (as) and
22amended to read:
SB97,7,223
66.0137
(1) (as) “Local governmental unit" means a
municipality, county 24political subdivision, school district (as enumerated in s. 67.01 (5)), sewerage district,
1drainage district, and, without limitation because of enumeration, any other political
2subdivision of the state.
SB97,6
3Section
6. 66.0137 (1) (af) of the statutes is created to read:
SB97,7,84
66.0137
(1) (af) “Dies in the line of duty" means a death that occurs, or occurred,
5as a direct and proximate result of one or more of the following, sustained by a law
6enforcement officer, emergency medical technician, or fire fighter while he or she was
7engaged in a line of duty activity or that arose out of and as a result of such an
8individual's performance of a line of duty activity:
SB97,7,99
1. A personal injury.
SB97,7,1010
2. The contraction of an infectious disease.
SB97,7,1111
3. Exposure to hazardous materials or conditions.
SB97,7
12Section
7. 66.0137 (1) (ag) of the statutes is created to read:
