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LRB-2424/1
MES/RAC/JK:jld
2015 - 2016 LEGISLATURE
June 2, 2015 - Introduced by Senators Wanggaard, Bewley, Carpenter, Lasee,
Lassa, Gudex, Hansen, Marklein, Ringhand, Vinehout, Wirch and Olsen,
cosponsored by Representatives Danou, Kulp, Kolste, Bernier, Vorpagel,
Hesselbein, Meyers, Berceau, Subeck, Ohnstad, E. Brooks and Bowen.
Referred to Committee on Elections and Local Government.
SB192,1,9 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 to create 16.14, 20.505 (1) (cr), 66.0137 (1) (af), 66.0137 (1) (ag), 66.0137
5(1) (am), 66.0137 (1) (ap), 66.0137 (1) (c), 66.0137 (5) (c) 1m., 66.0137 (5) (c) 4.
6and 79.035 (6) of the statutes; relating to: requiring the payment of health
7insurance premiums, and establishing a loan program, for survivors of a law
8enforcement officer, emergency medical technician, or fire fighter who dies, or
9has died, in the line of duty and making appropriations.
Analysis by the Legislative Reference Bureau
The bill requires a municipality or county (political subdivision) that pays
health insurance premiums for its employees who are law enforcement officers or
emergency medical technicians (EMTs) to pay such premiums for the surviving
spouse and certain children of a law enforcement officer or EMT who dies, or has
died, in the line of duty.
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 bill does not require such premium payments to be made after such an
individual reaches the age of 26.
In addition to the new requirements to pay such premiums for law enforcement
officers and EMT personnel, and surviving spouses and certain children who have
not reached the age of 26, the bill requires the state to reimburse political
subdivisions for premiums paid to cover the surviving spouses and children, until
they reach the age of 26 or have insurance through their employer, of fallen fire
fighters, law enforcement officers, and EMTs 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, law enforcement officer, or
EMT. The bill establishes a process whereby political subdivisions may seek
reimbursement of the payment of premiums from the Department of Administration
(DOA). 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 bill 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 bill, the amounts that DOA disburses for premiums,
reimbursements, and loans for surviving spouses of law enforcement officers, EMTs,
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 bill first applies, retroactively, to a law enforcement officer, EMT, or fire
fighter who has died in the line of duty before the effective date of the bill, but only

with respect to the payment of health insurance premiums that come due on or after
the effective date of this bill.
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:
SB192,1 1Section 1. 16.14 of the statutes is created to read:
SB192,3,4 216.14 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:
SB192,3,95 (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:
SB192,3,1010 1. A personal injury.
SB192,3,1111 2. The contraction of an infectious disease.
SB192,3,1212 3. Exposure to hazardous materials or conditions.
SB192,3,1513 (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.
SB192,3,1916 (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
18to make arrests for violations of the laws that the person is employed to enforce or
19any person who is a correctional officer, as defined in s. 301.28 (1).
SB192,4,6
1(c) "Line of duty activity" means any employment-related action taken by a law
2enforcement officer or fire fighter that is required or authorized by law, rule,
3regulation, or condition of employment and for which compensation is provided by
4his or her employer or would have been eligible to have been provided by the
5employer if the law enforcement officer or fire fighter had been on duty when he or
6she took the action in question.
SB192,4,77 (d) "Political subdivision" has the meaning given in s. 66.0137 (1) (c).
SB192,4,16 8(2) (a) Except as provided in pars. (b) to (d), if a law enforcement officer or fire
9fighter dies in the line of duty the department shall pay the premiums for hospital,
10surgical, and other health insurance for the surviving spouse and dependent
11children of the law enforcement officer or fire fighter. The department shall either
12reimburse the surviving spouse and dependent children for the payment of the
13premiums or shall pay the premiums directly to the department of employee trust
14funds for health care coverage under subch. IV of ch. 40, whichever the department
15considers appropriate. Premiums shall be paid from the appropriation under s.
1620.505 (1) (cr).
SB192,4,1817 (b) The department shall pay the premiums for the surviving spouse only until
18the spouse remarries or reaches the age of 65, whichever occurs first.
SB192,4,2119 (c) The department shall pay the premiums for a surviving child only until he
20or she reaches the age of 26, unless the surviving child has insurance that is offered
21through his or her employer.
SB192,4,2422 (d) The department shall pay the premiums for the surviving spouse and
23children of the law enforcement officer or fire fighter only after the exhaustion of any
24credits under ss. 40.05 (4) (b) and 40.95 (1).
SB192,5,5
1(3) The department shall reimburse any political subdivision for health
2insurance premiums paid by the political subdivision under s. 66.0137 (5) (c) 1. and
31m., provided the political subdivision submits the form and certification under s.
466.0137 (5) (c) 4. The reimbursement shall be paid from the appropriation under s.
520.835 (1) (db).
SB192,5,22 6(4) The department shall establish a loan program for surviving spouses of law
7enforcement officers or fire fighters who have died in the line of duty and for
8surviving spouses identified in s. 66.0137 (5) (c) 1. or 1m. The loan program shall
9provide for the payment of a loan to a surviving spouse in an amount equal to the
10salary that would have been paid his or her deceased spouse had he or she not died
11in the line of duty. The loan shall be disbursed to coincide with the pay period that
12applied to the deceased spouse and shall be secured by the proceeds of any life
13insurance policy that covered the deceased spouse. Loans made for surviving
14spouses of law enforcement officers or fire fighters shall be paid from the
15appropriation under s. 20.505 (1) (cr), and loans made for surviving spouses
16identified in s. 66.0137 (5) (c) 1. or 1m. shall be paid from the appropriation under
17s. 20.835 (1) (db). The repayment of loans shall be credited to the general fund as
18general purpose revenue-earned. A loan shall come due when a surviving spouse
19receives the proceeds from the life insurance policy that covered his or her deceased
20spouse. No loan shall be made for any period after the proceeds of a life insurance
21policy have been disbursed to the surviving spouse. To qualify for a loan under this
22subsection, a surviving spouse shall do all of the following:
SB192,5,2323 (a) Apply for the loan on a form prepared by the department.
SB192,6,3
1(b) Provide all documentation required by the department to verify that his or
2her spouse was a law enforcement officer or fire fighter who died in the line of duty
3or was an individual identified in s. 66.0137 (5) (c) 1. or 1m.
SB192,6,54 (c) Provide all documentation required by the department to verify the salary
5of the deceased spouse.
SB192,6,86 (d) Enter into an agreement with the department that any loan made under
7this subsection shall be secured by the proceeds of a life insurance policy that covered
8his or her deceased spouse.
SB192,2 9Section 2. 20.505 (1) (cr) of the statutes is created to read:
SB192,6,1310 20.505 (1) (cr) Payment of health insurance premiums and loans for law
11enforcement officers or fire fighters who die in line of duty.
A sum sufficient to pay
12the premiums and reimbursements and make loans for surviving spouses of law
13enforcement officers or fire fighters under s. 16.14.
SB192,3 14Section 3. 20.835 (1) (db) of the statutes is amended to read:
SB192,6,1915 20.835 (1) (db) County and municipal aid account. A sum sufficient to make
16payments to counties, towns, villages, and cities under s. 79.035, less the amount
17paid from the appropriation under par. (r), and to pay the premiums and
18reimbursements and make loans under s. 16.14 for surviving spouses identified in
19s. 66.0137 (5) (c) 1. or 1m
.
SB192,4 20Section 4. 59.23 (2) (s) of the statutes is amended to read:
SB192,7,521 59.23 (2) (s) List of local officials. Annually, on the first Tuesday of June,
22transmit to the secretary of state a list showing the name, phone number, electronic
23mail address, and post-office address of local officials, including the chairperson,
24mayor, president, clerk, treasurer, council and board members, and assessor of each
25municipality, and of the elective or appointive officials of any other local

1governmental unit, as defined in s. 66.0135 (1) (c), that is located wholly or partly
2within the county. Such lists shall be placed on file for the information of the public.
3The clerk, secretary, or other administrative officer of a local governmental unit, as
4defined in s. 66.0137 (1) (ae) (as), shall provide the county clerk the information he
5or she needs to complete the requirements of this paragraph.
SB192,5 6Section 5. 66.0137 (1) (ae) of the statutes is renumbered 66.0137 (1) (as) and
7amended to read:
SB192,7,118 66.0137 (1) (as) "Local governmental unit" means a municipality, county
9political subdivision, school district (as enumerated in s. 67.01 (5)), sewerage district,
10drainage district, and, without limitation because of enumeration, any other political
11subdivision of the state.
SB192,6 12Section 6. 66.0137 (1) (af) of the statutes is created to read:
SB192,7,1713 66.0137 (1) (af) "Dies in the line of duty" means a death that occurs, or occurred,
14as a direct and proximate result of one or more of the following, sustained by a law
15enforcement officer, emergency medical technician, or fire fighter while he or she was
16engaged in a line of duty activity or that arose out of and as a result of such an
17individual's performance of a line of duty activity:
SB192,7,1818 1. A personal injury.
SB192,7,1919 2. The contraction of an infectious disease.
SB192,7,2020 3. Exposure to hazardous materials or conditions.
SB192,7 21Section 7. 66.0137 (1) (ag) of the statutes is created to read:
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