16.25(3)(3) The department shall administer the program so as to include all of the following features: 16.25(3)(a)(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 emergency medical responders to provide emergency medical responder services, and all municipalities that authorize volunteer emergency medical services practitioners to provide emergency medical technical services are eligible to participate in the program. 16.25(3)(b)(b) Annual contributions in an amount determined by the municipality shall be paid by each municipality for each volunteer fire fighter, emergency medical responder, and emergency medical services practitioner who provides services for the municipality. 16.25(3)(c)(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, emergency medical responders, and emergency medical 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. 16.25(3)(d)(d) The department shall provide a match equal to twice the amount of all annual municipal contributions paid for volunteer fire fighters, emergency medical responders, and emergency medical services practitioners up to a state match of $390 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. 16.25(3)(e)(e) A municipality may purchase additional years of service for volunteer fire fighters, emergency medical responders, and emergency medical 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, emergency medical responder service, or emergency medical technical service performed by the volunteer fire fighter, emergency medical responder, or emergency medical services practitioner for the municipality. 16.25(3)(f)(f) Except in the case of a volunteer fire fighter, emergency medical responder, or emergency medical services practitioner or the beneficiary of a volunteer fire fighter, emergency medical responder, or emergency medical services practitioner eligible for a lump sum under par. (i), a vesting period of 10 years of volunteer fire fighting, emergency medical responder service, or emergency medical technical service for a municipality shall be required before a volunteer fire fighter, emergency medical responder, or emergency medical services practitioner may receive any benefits under the program. 16.25(3)(g)(g) A volunteer fire fighter, emergency medical responder, or emergency medical 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, emergency medical responder, or emergency medical 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, emergency medical responder, or emergency medical services practitioner attains 15 years of service for a municipality and reaches the age of 60. If a volunteer fire fighter, emergency medical responder, or emergency medical services practitioner has satisfied all vesting requirements under the program but has at least 10 but less than 15 years of service for a municipality or has reached the age of 53 but 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, emergency medical responder, or emergency medical services practitioner who has attained 15 years of service for a municipality and has reached the age of 60. The department shall promulgate rules implementing this paragraph. 16.25(3)(i)1.1. The beneficiary of a volunteer fire fighter, emergency medical responder, or emergency medical services practitioner who is killed in the line of duty or while actively engaged in the rendering of volunteer fire fighting, 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, emergency medical responder, or emergency medical services practitioner and all earnings on the contributions, less any expenses incurred in the investment of the contributions and earnings. 16.25(3)(i)2.2. A volunteer fire fighter, emergency medical responder, or emergency medical services practitioner who becomes disabled during his or her service as a volunteer fire fighter, emergency medical responder, or emergency medical 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. 16.25(3)(j)(j) The account of any volunteer fire fighter, emergency medical responder, or emergency medical services practitioner who has not met all of the vesting requirements under the program, who has not provided volunteer fire fighting, emergency medical responder, or emergency medical technical services for a municipality for a period of 12 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. 16.25(3)(k)(k) The department shall equitably allocate all moneys in accounts of volunteer fire fighters, emergency medical responders, and emergency medical services practitioners that have been closed to the accounts of volunteer fire fighters, emergency medical responders, and emergency medical services practitioners that have not been forfeited or closed. 16.25(4)(a)(a) The department shall establish by rule the requirements for, and the qualifications of, the individuals and organizations in the private sector that are eligible to provide administrative services and investment plans under the program, other than services funded from the appropriation under s. 20.505 (4) (ec). In establishing the requirements and qualifications, the department shall develop criteria of financial stability that each individual and organization must meet in order to offer the services and plans under the program. 16.25(4)(b)(b) The department may contract with any individual or organization in the private sector that seeks to provide administrative services and investment plans required for the program, other than services funded from the appropriation under s. 20.505 (4) (ec), if the individual or organization fulfills the requirements and has the qualifications established by the department under par. (a). Section 16.72 (2) (b) does not apply to any such contract. 16.25(5)(5) The department shall establish by rule a process by which a volunteer fire fighter, emergency medical responder, or emergency medical 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, emergency medical responder, or emergency medical services practitioner under the program. 16.25(6)(6) Annually, on or before December 31, the department shall submit a report to the chief clerk of each house of the legislature under s. 13.172 (2) describing the activities of the department under this section. 16.25 Cross-referenceCross-reference: See also ch. Adm 95, Wis. adm. code. 16.2616.26 Weatherization assistance. Notwithstanding s. 16.54 (2) (a), the department shall administer federal funds available to this state under the weatherization assistance for low-income persons program, as amended, 42 USC 6861 to 6873. The department shall administer the funds in accordance with 42 USC 6861 to 6873 and regulations adopted under 42 USC 6861 or 6873. 16.26 HistoryHistory: 1991 a. 39; 1995 a. 27, 289, 432; 2003 a. 33 s. 163; Stats. 2003 s. 16.26. 16.2716.27 Low-income energy assistance. 16.27(1)(1) Definitions. In this section: 16.27(1)(am)(am) “Crisis assistance” means a benefit that is given to a household experiencing or at risk of experiencing a heating-related emergency. 16.27(1)(b)(b) “Dwelling” means the residence of a low-income warm room program volunteer. 16.27(1)(bm)(bm) “Heating assistance” means a benefit, other than crisis assistance, that is given to a household to assist in meeting the cost of home heating. 16.27(1)(c)(c) “Household” means any individual or group of individuals who are living together as one economic unit for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent. 16.27(1)(d)(d) “Low-income warm room program materials” include a removable, insulated radiator blanket, a portable remote control thermostat and other cost-efficient materials or repairs necessary to achieve maximum heating efficiency in a dwelling. 16.27(1)(e)(e) “Low-income warm room program volunteer” means a person who is eligible for assistance under 42 USC 8621 to 8629, whose dwelling, in comparison to the dwellings of other persons eligible for assistance under 42 USC 8621 to 8629, has a high ratio of space to occupant, and who volunteers to take the training under sub. (2) (b) and to cooperate with the department in the installation and operation of low-income warm room program materials in his or her dwelling. 16.27(1)(em)(em) “Utility allowance” means the amount of utility costs paid by those individuals in subsidized housing who pay their own utility bills, as averaged from total utility costs for the housing unit by the housing authority. 16.27(2)(a)(a) The department shall administer low-income energy assistance as provided in this section to assist an eligible household to meet the costs of home energy with low-income home energy assistance benefits authorized under 42 USC 8621 to 8629. 16.27(2)(b)(b) The department shall administer a low-income warm room program to install low-income warm room program materials in the dwellings of low-income warm room program volunteers and to train the low-income warm room program volunteers and the members of each low-income warm room program volunteer’s household in the operation of the low-income warm room program materials to achieve maximum health and heating efficiency. 16.27(3)(b)(b) By October 1 of every year from the appropriation under s. 20.505 (1) (mb), determine the total amount available for payment of heating assistance under sub. (6) and determine the benefit schedule. 16.27(3)(c)(c) From the appropriation under s. 20.505 (1) (mb), allocate $1,100,000 in each federal fiscal year for the department’s expenses in administering the funds to provide low-income energy assistance. 16.27(3)(d)(d) From the appropriation under s. 20.505 (1) (n), allocate $2,900,000 in each federal fiscal year for the expenses of a county department, another local governmental agency or a private nonprofit organization in administering under sub. (4) the funds to provide low-income energy assistance. 16.27(3)(e)1.1. Allocate and transfer to the appropriation under s. 20.505 (1) (n), 15 percent of the moneys received under 42 USC 8621 to 8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the weatherization assistance program administered by the department under s. 16.26. 16.27(3)(e)3.3. Except as provided under subd. 6., allocate the balance of funds received under 42 USC 8621 to 8629 in a federal fiscal year, after making the allocations under pars. (c) and (d) and subd. 1., for the payment of heating assistance or for the payment of crisis assistance under sub. (6). 16.27(3)(e)6.6. If federal funds received under 42 USC 8621 to 8629 in a federal fiscal year total less than 90 percent of the amount received in the previous federal fiscal year, submit a plan of expenditure under s. 16.54 (2) (b). 16.27(3)(e)7.7. By October 1 of each year, allocate funds budgeted but not spent and any funds remaining from previous fiscal years to heating assistance under sub. (6) or to the weatherization assistance program under s. 16.26. 16.27(4)(a)(a) A household may apply after September 30 and before May 16 of any year for heating assistance from the county department under s. 46.215 (1) (n) or 46.22 (1) (b) 4m. a. to e. or from another local governmental agency or a private nonprofit organization with which the department contracts to administer the heating assistance program, and shall have the opportunity to do so on a form prescribed by the department for that purpose. 16.27(4)(b)(b) If by February 1 of any year the number of households applying under par. (a) substantially exceeds the number anticipated, the department may reduce the amounts of payments made under sub. (6) made after that date. The department may suspend the processing of additional applications received until the department adjusts benefit amounts payable. 16.27(5)(5) Eligibility. Subject to the requirements of subs. (4) (b) and (8), the following shall receive low-income energy assistance under this section: 16.27(5)(b)(b) A household with income which is not more than 60 percent of the statewide median household income. 16.27(5)(c)(c) A household entirely composed of persons receiving aid to families with dependent children under s. 49.19, food stamps under 7 USC 2011 to 2036, or supplemental security income or state supplemental payments under 42 USC 1381 to 1383c or s. 49.77. 16.27(5)(d)(d) A household with income within the limits specified under par. (b) that resides in housing that is subsidized or administered by a municipality, a county, the state or the federal government in which a utility allowance is applied to determine the amount of rent or the amount of the subsidy. 16.27(5)(e)(e) A household that is not eligible under par. (c) that includes at least one person who is eligible for food stamps under 7 USC 2011 to 2036, excluding any household in an institution, as defined by the department of health services by rule. Notwithstanding sub. (6), a household under this paragraph shall be eligible for a heating assistance benefit of not more than $1. 16.27(6)(6) Benefits. Within the limits of federal funds allocated under sub. (3) and subject to the requirements of sub. (4) (b) and s. 16.54 (2) (b), heating assistance shall be paid under this section according to a benefit schedule established by the department based on household income, family size and energy costs. 16.27(7)(7) Individuals in state prisons or secured juvenile facilities. No payment under sub. (6) may be made to a prisoner who is imprisoned in a state prison under s. 302.01 or to a person placed at a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g). 16.27(8)(8) Crisis assistance program. A household eligible for heating assistance under sub. (6) may also be eligible for a crisis assistance payment to meet a weather-related or fuel supply shortage crisis. The department shall define the circumstances constituting a crisis for which a payment may be made and shall establish the amount of payment to an eligible household or individual. The department may delegate a portion of its responsibility under this subsection to a county department under s. 46.215 or 46.22 or to another local governmental agency or a private nonprofit organization. 16.27(9)(9) Notice of utility disconnection required. Any public utility, as defined in s. 196.01 (5), or any fuel distributor furnishing heat, light or power to a residential customer shall provide written notice of intent to disconnect or discontinue service during the months of November to April and shall include information concerning any federal, state or local program that provides assistance for fuel or home heating bills. The department shall provide printed information at no cost upon request to any fuel distributor serving residential customers except public utilities. The information shall describe the nature and availability of any federal, state or local program that provides assistance for fuel or home heating bills. 16.2816.28 Office of business development. 16.28(1)(1) The office of business development shall provide administrative support to the small business regulatory review board and shall perform other functions determined by the secretary. 16.28(2)(2) The deputy director of the office shall be appointed by the governor to serve at his or her pleasure. 16.28 HistoryHistory: 2011 a. 32. 16.28316.283 Disabled veteran-owned businesses. 16.283(1)(1) Definitions. In this section, unless the context requires otherwise: 16.283(1)(a)(a) “Business” means a sole proprietorship, partnership, limited liability company, joint venture, or corporation. 16.283(1)(b)(b) “Disabled veteran” means a person who is verified by the department of veterans affairs as being all of the following at the time the person applies for certification under sub. (3): 16.283(1)(b)3.3. A person who is in receipt of an award from the U.S. department of veterans affairs of a service-connected disability rating under 38 USC 1114 or 1134. 16.283(1)(d)(d) “Financial adviser” means a business that serves as an adviser with regard to the sale of evidences of indebtedness or other obligations. 16.283(1)(e)(e) “Investment firm” means a business that serves as a manager, comanager, or in any other underwriting capacity with regard to the sale of evidences of indebtedness or other obligations or as a broker-dealer as defined in s. 551.102 (4). 16.283(1)(f)(f) “Useful business function” means the provision of materials, supplies, equipment, or services to customers, including the state. 16.283(2)(2) Disabled veteran-owned business database. The department shall develop, maintain, and keep current a computer database of businesses certified under this section. 16.283(3)(3) Disabled veteran-owned business, financial adviser, and investment firm certification. 16.283(3)(a)(a) Any business, financial adviser, or investment firm may apply to the department for certification under this section. 16.283(3)(b)1m.1m. The department shall certify a business, financial adviser, or investment firm under this section if, after conducting an investigation, the department determines that the business, financial adviser, or investment firm fulfills all of the following requirements: 16.283(3)(b)1m.a.a. One or more disabled veterans owns not less than 51 percent of the business, financial adviser, or investment firm or, in the case of any publicly owned business, financial adviser, or investment firm, one or more disabled veterans owns not less than 51 percent of the stock of the business, financial adviser, or investment firm. 16.283(3)(b)1m.b.b. One or more disabled veterans or one or more duly authorized representatives of one or more disabled veterans controls the management and daily business operations of the business, financial adviser, or investment firm. 16.283(3)(b)1m.c.c. The business, financial adviser, or investment firm has its principal place of business in this state. 16.283(3)(b)1m.d.d. The business, financial adviser, or investment firm is currently performing a useful business function. Acting as a conduit for the transfer of funds to a business that is not certified under this section does not constitute a useful business function, unless doing so is a normal industry practice. 16.283(3)(b)2m.2m. The department may, without conducting an investigation, certify a business, financial adviser, or investment firm having its principal place of business in this state and currently performing a useful business function if the business, financial advisor, or investment firm is certified, or otherwise classified, as a disabled veteran-owned business, financial advisor, or investment firm by an agency or municipality of this or another state, a federally recognized American Indian tribe, or the federal government, or by a private business with expertise in certifying disabled veteran-owned businesses if the business uses substantially the same procedures the department uses in making a determination under subd. 1m. 16.283(3)(c)(c) The department may charge each business, financial adviser, or investment firm applying for certification under this section a fee to cover the department’s expenses in making the certification determination. 16.283(3)(d)(d) If a business, financial adviser, or investment firm applying for certification under this section fails to provide the department with sufficient information to enable the department to conduct an investigation under par. (b) 1m. or does not qualify for certification under par. (b), the department shall deny the application. A business, financial adviser, or investment firm whose application is denied may, within 30 days after the date of the denial, appeal in writing to the secretary. The secretary shall enter his or her final decision within 30 days after receiving the appeal. 16.283(3)(e)1.1. The department may, at the request of any state agency or on its own initiative, evaluate any business, financial adviser, or investment firm certified under this section to verify that it continues to qualify for certification. The business, financial adviser, or investment firm shall provide the department with any records or information necessary to complete the examination. 16.283(3)(e)2.2. If a business, financial adviser, or investment firm fails to comply with a reasonable request for records or information, the department shall notify the business, financial adviser, or investment firm and the departments of administration and transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm. 16.283(3)(e)3.3. If, after an evaluation under this paragraph, the department determines that a business, financial adviser, or investment firm no longer qualifies for certification under this section, the department shall notify the business, financial adviser, or investment firm and the departments of administration and transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm. 16.283(3)(f)(f) The business, financial adviser, or investment firm may, within 30 days after a notice is sent under par. (e) 2. or 3., appeal in writing to the secretary. If the business, financial adviser, or investment firm does not submit an appeal under this paragraph, the department shall immediately decertify the business, financial adviser, or investment firm. If an appeal is submitted under this paragraph, the secretary shall enter his or her final decision, in writing, within 30 days after receiving the appeal. If the secretary confirms the decision of the department, the department shall immediately decertify the business, financial adviser, or investment firm. A business, financial adviser, or investment firm decertified under this paragraph may, within 30 days after the secretary’s decision, request a contested case hearing under s. 227.42 from the department. If the final administrative or judicial proceeding results in a determination that the business, financial adviser, or investment firm qualifies for certification under this section, the department shall immediately certify the business, financial adviser, or investment firm. The department shall provide the business, financial adviser, or investment firm and the departments of administration and transportation with a copy of the final written decision regarding certification under this paragraph.
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