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  Date of enactment: June 21, 2017
2017 Assembly Bill 59   Date of publication*: June 22, 2017
* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2017 WISCONSIN ACT 12
An Act to renumber 256.01 (1); to renumber and amend 66.0608 (1) (a), 66.0608 (1) (d), 66.0608 (1) (e), 103.88 (1) (f), 154.17 (3m), 256.01 (8), 256.01 (9), 940.20 (7) (a) 2m. and 941.20 (1m) (a) 3.; to amend 16.25 (1) (am), 16.25 (2), 16.25 (3) (a), 16.25 (3) (b), 16.25 (3) (c), 16.25 (3) (d) 1., 16.25 (3) (d) 2., 16.25 (3) (e), 16.25 (3) (f), 16.25 (3) (g), 16.25 (3) (h), 16.25 (3) (i) 1., 16.25 (3) (i) 2., 16.25 (3) (j), 16.25 (3) (k), 16.25 (5), 20.435 (1) (ch), 36.27 (3m) (a) 1g., 38.24 (5) (a) 1j., 40.02 (48) (bm), 40.65 (4r), 48.195 (1), 48.195 (2) (a), 48.195 (2) (b), 48.195 (3) (a), 48.195 (4) (b), 48.685 (1) (ag) 2., 48.981 (2) (a) 27., 48.981 (2) (a) 28., 50.065 (1) (ag) 2., 59.34 (2) (a), 59.34 (2) (b) 1., 59.35 (5), 60.37 (4) (a), 66.0137 (4t), 66.0501 (4), 66.0608 (title), 66.0608 (1) (b), 66.0608 (1) (h), 66.0608 (2) (a), 66.0608 (2) (b), 97.67 (5m) (a) 6., 102.03 (1) (c) 2., 103.88 (title), 103.88 (1) (c), 103.88 (2), 103.88 (3) (a) 1., 108.05 (3) (a), 109.03 (1) (e), 111.91 (2) (gu), 118.29 (1) (c), 146.37 (1) (a), 146.37 (1g), 146.81 (1) (r), 146.81 (1) (s), 146.81 (4), 146.997 (1) (d) 14., 154.17 (2), 154.17 (3), 154.19 (3) (a), 154.19 (3) (b) 3., 154.21 (1) (a), 154.225 (2) (a), 154.23 (intro.), 154.25 (6), 157.06 (12) (a) 1., 252.14 (1) (ar) 13., 252.14 (1) (ar) 15., 252.15 (1) (af), 252.15 (5g) (a) 1., 255.35 (1m) (a) 1., 256.01 (5), 256.01 (6), 256.01 (11), 256.04 (6), 256.08 (4) (c), 256.08 (4) (d), 256.08 (4) (e), 256.08 (4) (h), 256.08 (4) (j), 256.12 (2) (a), 256.12 (2) (b) 1., 256.12 (2) (b) 3., 256.12 (5) (title) and (a), 256.12 (7), 256.15 (1) (d), 256.15 (2) (a), 256.15 (2) (b), 256.15 (2) (c), 256.15 (4) (a) 1., 256.15 (4) (a) 2., 256.15 (4) (b), 256.15 (4) (c), 256.15 (4) (d), 256.15 (4) (e) 1., 256.15 (4) (e) 2., 256.15 (4) (f) 2. a., 256.15 (4) (f) 2. b., 256.15 (4) (f) 2. c., 256.15 (4) (f) 5., 256.15 (5) (title), 256.15 (5) (a), 256.15 (5) (d) 1., 256.15 (5) (d) 3., 256.15 (5) (e), 256.15 (5) (f), 256.15 (5) (g), 256.15 (6) (a) (intro.), 256.15 (6) (a) 1., 256.15 (6) (b) 1., 256.15 (6) (b) 2., 256.15 (6) (c) (intro.), 256.15 (6n), 256.15 (7), 256.15 (8) (title), 256.15 (8) (a), 256.15 (8) (b) (intro.), 256.15 (8) (b) 1., 256.15 (8) (b) 3., 256.15 (8) (c), 256.15 (8) (e), 256.15 (8) (f), 256.15 (8) (g), 256.15 (9), 256.15 (9m), 256.15 (11) (c), 256.15 (11) (d), 256.15 (11) (f), 256.15 (12) (a), 256.15 (12) (b), 256.15 (13) (c), 256.30 (3) (a), 256.40 (2) (a), 256.40 (2) (b), 256.40 (2) (c) 1., 256.40 (2) (c) 2., 257.01 (2) (a), 257.01 (2) (b), 340.01 (3) (dm) 2., 340.01 (74p) (f), 341.14 (6r) (f) 48., 341.14 (6r) (f) 48m., 341.14 (6r) (g) 2., 343.23 (2) (a) 1., 343.23 (2) (a) 3., 440.9805 (1), 891.453 (1) (b), 895.35 (2) (a) 2., 895.48 (1m) (a) (intro.), 895.48 (1m) (a) 2., 895.48 (4) (am) (intro.), 895.484 (2) (d), 940.20 (7) (a) 1e., 940.20 (7) (a) 2g., 940.20 (7) (b), 941.20 (1m) (a) 1., 941.20 (1m) (a) 2., 941.20 (1m) (b), 941.37 (1) (a), 941.37 (1) (c), 941.375 (1) (a), 941.375 (1) (b), 946.70 (1) (c), 946.70 (1) (d) and 961.443 (1) (b); to repeal and recreate 252.01 (1g); and to create 16.25 (1) (at), 256.01 (1k) and 256.15 (5) (d) 2m. of the statutes; relating to: terminology change and corrections for emergency medical technicians and first responders.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
12,1 Section 1. 16.25 (1) (am) of the statutes is amended to read:
16.25 (1) (am) “First Emergency medical responder" means an individual certified under s. 256.15 (8) (a).
12,2 Section 2. 16.25 (1) (at) of the statutes is created to read:
16.25 (1) (at) “Emergency medical services practitioner” has the meaning given in s. 256.01 (5).
12,3 Section 3. 16.25 (2) of the statutes is amended to read:
16.25 (2) The department shall administer a program to provide length-of-service awards, described in 26 USC 457 (e) (11), to volunteer fire fighters in municipalities that operate volunteer fire departments or that contract with volunteer fire companies organized under ch. 181 or 213, to first emergency medical responders in any municipality that authorizes first emergency medical responders to provide first emergency medical responder services, and to volunteer emergency medical technicians services practitioners in any municipality that authorizes volunteer emergency medical technicians services practitioners to provide emergency medical technical services in the municipality. To the extent permitted by federal law, the department shall administer the program so as to treat the length-of-service awards as a tax-deferred benefit under the Internal Revenue Code.
12,4 Section 4. 16.25 (3) (a) of the statutes is amended to read:
16.25 (3) (a) All municipalities that operate volunteer fire departments or that contract with a volunteer fire company organized under ch. 181 or 213, all municipalities that authorize first emergency medical responders to provide first emergency medical responder services, and all municipalities that authorize volunteer emergency medical technicians services practitioners to provide emergency medical technical services are eligible to participate in the program.
12,5 Section 5. 16.25 (3) (b) of the statutes is amended to read:
16.25 (3) (b) Annual contributions in an amount determined by the municipality shall be paid by each municipality for each volunteer fire fighter, first emergency medical responder, and emergency medical technician services practitioner who provides services for the municipality.
12,6 Section 6. 16.25 (3) (c) of the statutes is amended to read:
16.25 (3) (c) The municipality may select from among the plans offered by individuals or organizations under contract with the department under sub. (4) for the volunteer fire fighters, first emergency medical responders, and emergency medical technicians services practitioners who perform services for the municipality. The municipality shall pay the annual contributions directly to the individual or organization offering the plan selected by the municipality.
12,7 Section 7. 16.25 (3) (d) 1. of the statutes is amended to read:
16.25 (3) (d) 1. Subject to subd. 2., the department shall match all annual municipal contributions paid for volunteer fire fighters, first emergency medical responders, and emergency medical technicians services practitioners up to $250 per fiscal year, other than contributions paid for the purchase of additional years of service under par. (e), to be paid from the appropriation account under s. 20.505 (4) (er). This amount shall be adjusted annually on July 1 to reflect any changes in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12-month period ending on the preceding December 31. The department shall pay all amounts that are matched under this paragraph to the individuals and organizations offering the plans selected by the municipalities.
12,8 Section 8. 16.25 (3) (d) 2. of the statutes is amended to read:
16.25 (3) (d) 2. If the moneys appropriated under s. 20.505 (4) (er) are not sufficient to fully fund the contributions required to be paid by the department under subd. 1., the department shall prorate the contributions paid for the volunteer fire fighters, first emergency medical responders, and emergency medical technicians services practitioners.
12,9 Section 9. 16.25 (3) (e) of the statutes is amended to read:
16.25 (3) (e) A municipality may purchase additional years of service for volunteer fire fighters, first emergency medical responders, and emergency medical technicians services practitioners. The number of additional years of service that may be purchased under this paragraph may not exceed the number of years of volunteer fire fighting, first emergency medical responder service, or emergency medical technical service performed by the volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner for the municipality.
12,10 Section 10. 16.25 (3) (f) of the statutes is amended to read:
16.25 (3) (f) Except in the case of a volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner or the beneficiary of a volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner eligible for a lump sum under par. (i), a vesting period of 10 years of volunteer fire fighting, first emergency medical responder service, or emergency medical technical service for a municipality shall be required before a volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner may receive any benefits under the program.
12,11 Section 11. 16.25 (3) (g) of the statutes is amended to read:
16.25 (3) (g) A volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner shall be paid a length of service award either in a lump sum or in a manner specified by rule, consisting of all municipal and state contributions made on behalf of the volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner and all earnings on the contributions, less any expenses incurred in the investment of the contributions and earnings, after the volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner attains 20 years of service for a municipality and reaches the age of 60. If a volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner has satisfied all vesting requirements under the program but has less than 20 years of service for a municipality or has not reached the age of 60, the program shall provide for the payment of a length of service award either in a lump sum or in a manner specified by rule in an amount to be determined by the department, but less than the amount paid to a volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner who has attained 20 years of service for a municipality and has reached the age of 60.
12,12 Section 12. 16.25 (3) (h) of the statutes is amended to read:
16.25 (3) (h) The account of a volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner who has not met all of the vesting requirements under the program shall be closed if he or she should cease providing volunteer fire fighting, first emergency medical responder, or emergency medical technical services for a municipality for a period of 6 months or more, unless he or she has been granted a leave of absence by his or her supervisor.
12,13 Section 13. 16.25 (3) (i) 1. of the statutes is amended to read:
16.25 (3) (i) 1. The beneficiary of a volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner who is killed in the line of duty or while actively engaged in the rendering of volunteer fire fighting, first emergency medical responder, or emergency medical technical service shall be paid a length of service award either in a lump sum or in a manner specified by rule, consisting of all municipal and state contributions made on behalf of the volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner and all earnings on the contributions, less any expenses incurred in the investment of the contributions and earnings.
12,14 Section 14. 16.25 (3) (i) 2. of the statutes is amended to read:
16.25 (3) (i) 2. A volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner who becomes disabled during his or her service as a volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner for the municipality shall be paid a length of service award either in a lump sum or in a manner specified by rule, in an amount to be determined by the department.
12,15 Section 15. 16.25 (3) (j) of the statutes is amended to read:
16.25 (3) (j) The account of any volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner who has not met all of the vesting requirements under the program, who has not provided volunteer fire fighting, first emergency medical responder, or emergency medical technical services for a municipality for a period of 6 months or more, who does not meet any other program requirement established by the municipality, and who has not been granted a leave of absence by his or her supervisor shall be closed.
12,16 Section 16. 16.25 (3) (k) of the statutes is amended to read:
16.25 (3) (k) The department shall equitably allocate all moneys in accounts of volunteer fire fighters, first emergency medical responders, and emergency medical technicians services practitioners that have been closed to the accounts of volunteer fire fighters, first emergency medical responders, and emergency medical technicians services practitioners that have not been forfeited or closed.
12,17 Section 17. 16.25 (5) of the statutes is amended to read:
16.25 (5) The department shall establish by rule a process by which a volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner may appeal to the secretary any decision made by the department or by an individual or organization under contract with the department under sub. (4) that affects a substantial interest of the volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner under the program.
12,18 Section 18. 20.435 (1) (ch) of the statutes is amended to read:
20.435 (1) (ch) Emergency medical services; aids. The amounts in the schedule for emergency medical technician — basic emergency medical technician training and examination aid under s. 256.12 (5) and for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment or emergency medical training for personnel under s. 256.12 (4).
12,19 Section 19. 36.27 (3m) (a) 1g. of the statutes is amended to read:
36.27 (3m) (a) 1g. “Emergency medical services technician" means an individual under s. 256.01 (4p) or (5) or (9).
12,20 Section 20. 38.24 (5) (a) 1j. of the statutes is amended to read:
38.24 (5) (a) 1j. “Emergency medical services technician" means an individual under s. 256.01 (4p) or (5) or (9).
12,21 Section 21. 40.02 (48) (bm) of the statutes is amended to read:
40.02 (48) (bm) “Protective occupation participant" includes any participant who is an emergency medical technician services practitioner, as defined in s. 256.01 (5), if the participant's employer classifies the participant as a protective occupation participant and the department receives notification of the participant's name as provided in s. 40.06 (1) (d) and (dm). Notwithstanding par. (a), an employer may classify a participant who is an emergency medical technician services practitioner as a protective occupation participant without making a determination that the principal duties of the participant involve active law enforcement or active fire suppression or prevention. A determination under this paragraph may not be appealed under s. 40.06 (1) (e) or (em), but a determination under this paragraph regarding the classification of a state employee is subject to review under s. 40.06 (1) (dm). Notwithstanding sub. (17) (d), each participant who is classified as a protective occupation participant under this paragraph on or after January 1, 1991, shall be granted creditable service as a protective occupation participant for all covered service as an emergency medical technician services practitioner that was earned on or after the date on which the department receives notification of the participant's name as provided in s. 40.06 (1) (d) and (dm), but may not be granted creditable service as a protective occupation participant for any covered service as an emergency medical technician services practitioner that was earned before that date.
12,22 Section 22. 40.65 (4r) of the statutes is amended to read:
40.65 (4r) A protective occupation participant who is an emergency medical technician services practitioner, as defined in s. 256.01 (5), is not entitled to a duty disability benefit under this section for an injury or disease occurring before the date on which the department receives notification of the participant's name as provided in s. 40.06 (1) (d) and (dm).
12,23 Section 23. 48.195 (1) of the statutes is amended to read:
48.195 (1) Taking child into custody. In addition to being taken into custody under s. 48.19, a child whom a law enforcement officer, emergency medical technician services practitioner, as defined in s. 256.01 (5), or hospital staff member reasonably believes to be 72 hours old or younger may be taken into custody under circumstances in which a parent of the child relinquishes custody of the child to the law enforcement officer, emergency medical technician services practitioner, or hospital staff member and does not express an intent to return for the child. If a parent who wishes to relinquish custody of his or her child under this subsection is unable to travel to a sheriff's office, police station, fire station, hospital, or other place where a law enforcement officer, emergency medical technician services practitioner, or hospital staff member is located, the parent may dial the telephone number “911" or, in an area in which the telephone number “911" is not available, the number for an emergency medical service provider, and the person receiving the call shall dispatch a law enforcement officer or emergency medical technician services practitioner to meet the parent and take the child into custody. A law enforcement officer, emergency medical technician services practitioner, or hospital staff member who takes a child into custody under this subsection shall take any action necessary to protect the health and safety of the child, shall, within 24 hours after taking the child into custody, deliver the child to the intake worker under s. 48.20, and shall, within 5 days after taking the child into custody, file a birth certificate for the child under s. 69.14 (3).
12,24 Section 24. 48.195 (2) (a) of the statutes is amended to read:
48.195 (2) (a) Except as provided in this paragraph, a parent who relinquishes custody of a child under sub. (1) and any person who assists the parent in that relinquishment have the right to remain anonymous. The exercise of that right shall not affect the manner in which a law enforcement officer, emergency medical technician services practitioner, as defined in s. 256.01 (5), or hospital staff member performs his or her duties under this section. No person may induce or coerce or attempt to induce or coerce a parent or person assisting a parent who wishes to remain anonymous into revealing his or her identity, unless the person has reasonable cause to suspect that the child has been the victim of abuse or neglect or that the person assisting the parent is coercing the parent into relinquishing custody of the child.
12,25 Section 25. 48.195 (2) (b) of the statutes is amended to read:
48.195 (2) (b) A parent who relinquishes custody of a child under sub. (1) and any person who assists the parent in that relinquishment may leave the presence of the law enforcement officer, emergency medical technician services practitioner, as defined in s. 256.01 (5), or hospital staff member who took custody of the child at any time, and no person may follow or pursue the parent or person assisting the parent, unless the person has reasonable cause to suspect that the child has been the victim of abuse or neglect or that the person assisting the parent has coerced the parent into relinquishing custody of the child.
12,26 Section 26. 48.195 (3) (a) of the statutes is amended to read:
48.195 (3) (a) Subject to par. (b), a law enforcement officer, emergency medical technician services practitioner, as defined in s. 256.01 (5), or hospital staff member who takes a child into custody under sub. (1) shall make available to the parent who relinquishes custody of the child the maternal and child health toll-free telephone number maintained by the department under 42 USC 705 (a) (5) (E).
12,27 Section 27. 48.195 (4) (b) of the statutes is amended to read:
48.195 (4) (b) Any law enforcement officer, emergency medical technician services practitioner, as defined in s. 256.01 (5), or hospital staff member who takes a child into custody under sub. (1) is immune from any civil liability to the child's parents, or any criminal liability for any good faith act or omission occurring solely in connection with the act of receiving custody of the child from the child's parents, but is not immune from any civil or criminal liability for any act or omission occurring in subsequently providing care for the child.
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