LRB-1713/1
TJD:amn
2017 - 2018 LEGISLATURE
February 8, 2017 - Introduced by Senators Moulton, Harsdorf, Nass, Olsen,
Petrowski and Ringhand, cosponsored by Representatives Loudenbeck,
Shankland, Anderson, Bernier, Mursau and Spiros. Referred to Committee
on Health and Human Services.
SB24,3,2 1An Act to renumber 256.01 (1); to renumber and amend 66.0608 (1) (a),
266.0608 (1) (d), 66.0608 (1) (e), 103.88 (1) (f), 154.17 (3m), 256.01 (8), 256.01 (9),
3940.20 (7) (a) 2m. and 941.20 (1m) (a) 3.; to amend 16.25 (1) (am), 16.25 (2),
416.25 (3) (a), 16.25 (3) (b), 16.25 (3) (c), 16.25 (3) (d) 1., 16.25 (3) (d) 2., 16.25 (3)
5(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
6(3) (j), 16.25 (3) (k), 16.25 (5), 20.435 (1) (ch), 36.27 (3m) (a) 1g., 38.24 (5) (a) 1j.,
740.02 (48) (bm), 40.65 (4r), 48.195 (1), 48.195 (2) (a), 48.195 (2) (b), 48.195 (3)
8(a), 48.195 (4) (b), 48.685 (1) (ag) 2., 48.981 (2) (a) 27., 48.981 (2) (a) 28., 50.065
9(1) (ag) 2., 59.34 (2) (a), 59.34 (2) (b) 1., 59.35 (5), 60.37 (4) (a), 66.0137 (4t),
1066.0501 (4), 66.0608 (title), 66.0608 (1) (b), 66.0608 (1) (h), 66.0608 (2) (a),
1166.0608 (2) (b), 97.67 (5m) (a) 6., 102.03 (1) (c) 2., 103.88 (title), 103.88 (1) (c),
12103.88 (2), 103.88 (3) (a) 1., 108.05 (3) (a), 109.03 (1) (e), 111.91 (2) (gu), 118.29
13(1) (c), 146.37 (1) (a), 146.37 (1g), 146.81 (1) (r), 146.81 (1) (s), 146.81 (4), 146.997
14(1) (d) 14., 154.17 (2), 154.17 (3), 154.19 (3) (a), 154.19 (3) (b) 3., 154.21 (1) (a),

1154.225 (2) (a), 154.23 (intro.), 154.25 (6), 157.06 (12) (a) 1., 252.14 (1) (ar) 13.,
2252.14 (1) (ar) 15., 252.15 (1) (af), 252.15 (5g) (a) 1., 255.35 (1m) (a) 1., 256.01
3(5), 256.01 (6), 256.01 (11), 256.04 (6), 256.08 (4) (c), 256.08 (4) (d), 256.08 (4)
4(e), 256.08 (4) (h), 256.08 (4) (j), 256.12 (2) (a), 256.12 (2) (b) 1., 256.12 (2) (b) 3.,
5256.12 (5) (title) and (a), 256.12 (7), 256.15 (1) (d), 256.15 (2) (a), 256.15 (2) (b),
6256.15 (2) (c), 256.15 (4) (a) 1., 256.15 (4) (a) 2., 256.15 (4) (b), 256.15 (4) (c),
7256.15 (4) (d), 256.15 (4) (e) 1., 256.15 (4) (e) 2., 256.15 (4) (f) 2. a., 256.15 (4) (f)
82. b., 256.15 (4) (f) 2. c., 256.15 (4) (f) 5., 256.15 (5) (title), 256.15 (5) (a), 256.15
9(5) (d) 1., 256.15 (5) (d) 3., 256.15 (5) (e), 256.15 (5) (f), 256.15 (5) (g), 256.15 (6)
10(a) (intro.), 256.15 (6) (a) 1., 256.15 (6) (b) 1., 256.15 (6) (b) 2., 256.15 (6) (c)
11(intro.), 256.15 (6n), 256.15 (7), 256.15 (8) (title), 256.15 (8) (a), 256.15 (8) (b)
12(intro.), 256.15 (8) (b) 1., 256.15 (8) (b) 3., 256.15 (8) (c), 256.15 (8) (e), 256.15
13(8) (f), 256.15 (8) (g), 256.15 (9), 256.15 (9m), 256.15 (11) (c), 256.15 (11) (d),
14256.15 (11) (f), 256.15 (12) (a), 256.15 (12) (b), 256.15 (13) (c), 256.30 (3) (a),
15256.40 (2) (a), 256.40 (2) (b), 256.40 (2) (c) 1., 256.40 (2) (c) 2., 257.01 (2) (a),
16257.01 (2) (b), 340.01 (3) (dm) 2., 340.01 (74p) (f), 341.14 (6r) (f) 48., 341.14 (6r)
17(f) 48m., 341.14 (6r) (g) 2., 343.23 (2) (a) 1., 343.23 (2) (a) 3., 440.9805 (1),
18891.453 (1) (b), 895.35 (2) (a) 2., 895.48 (1m) (a) (intro.), 895.48 (1m) (a) 2.,
19895.48 (4) (am) (intro.), 895.484 (2) (d), 940.20 (7) (a) 1e., 940.20 (7) (a) 2g.,
20940.20 (7) (b), 941.20 (1m) (a) 1., 941.20 (1m) (a) 2., 941.20 (1m) (b), 941.37 (1)
21(a), 941.37 (1) (c), 941.375 (1) (a), 941.375 (1) (b), 946.70 (1) (c), 946.70 (1) (d) and
22961.443 (1) (b); to repeal and recreate 252.01 (1g); and to create 16.25 (1) (at),

1256.01 (1k) and 256.15 (5) (d) 2m. of the statutes; relating to: terminology
2change and corrections for emergency medical technicians and first responders.
Analysis by the Legislative Reference Bureau
This bill changes the terminology for emergency medical technicians. The term
“first responder" changes to “emergency medical responder." The term “emergency
medical technician — basic" changes to “emergency medical technician." The term
“emergency medical technician — intermediate" does not change. The term
“advanced emergency medical technician” is added to reflect the level currently in
the Department of Health Services rules known as “emergency medical technician
— intermediate technician.” The term “emergency medical technician — paramedic"
changes to “paramedic." The term “emergency medical technician" currently refers
collectively to emergency medical technicians — basic, emergency medical
technicians — intermediate, and emergency medical technicians — paramedic, and
that term changes to “emergency medical services practitioner" under the bill and
includes advanced emergency medical technicians.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB24,1 3Section 1 . 16.25 (1) (am) of the statutes is amended to read:
SB24,3,54 16.25 (1) (am) “First Emergency medical responder" means an individual
5certified under s. 256.15 (8) (a).
SB24,2 6Section 2 . 16.25 (1) (at) of the statutes is created to read:
SB24,3,87 16.25 (1) (at) “Emergency medical services practitioner” has the meaning given
8in s. 256.01 (5).
SB24,3 9Section 3 . 16.25 (2) of the statutes is amended to read:
SB24,4,710 16.25 (2) The department shall administer a program to provide
11length-of-service awards, described in 26 USC 457 (e) (11), to volunteer fire fighters
12in municipalities that operate volunteer fire departments or that contract with
13volunteer fire companies organized under ch. 181 or 213, to first emergency medical
14responders in any municipality that authorizes first emergency medical responders

1to provide first emergency medical responder services, and to volunteer emergency
2medical technicians services practitioners in any municipality that authorizes
3volunteer emergency medical technicians services practitioners to provide
4emergency medical technical services in the municipality. To the extent permitted
5by federal law, the department shall administer the program so as to treat the
6length-of-service awards as a tax-deferred benefit under the Internal Revenue
7Code.
SB24,4 8Section 4 . 16.25 (3) (a) of the statutes is amended to read:
SB24,4,149 16.25 (3) (a) All municipalities that operate volunteer fire departments or that
10contract with a volunteer fire company organized under ch. 181 or 213, all
11municipalities that authorize first emergency medical responders to provide first
12emergency medical responder services, and all municipalities that authorize
13volunteer emergency medical technicians services practitioners to provide
14emergency medical technical services are eligible to participate in the program.
SB24,5 15Section 5 . 16.25 (3) (b) of the statutes is amended to read:
SB24,4,1916 16.25 (3) (b) Annual contributions in an amount determined by the
17municipality shall be paid by each municipality for each volunteer fire fighter, first
18emergency medical responder, and emergency medical technician services
19practitioner
who provides services for the municipality.
SB24,6 20Section 6 . 16.25 (3) (c) of the statutes is amended to read:
SB24,5,221 16.25 (3) (c) The municipality may select from among the plans offered by
22individuals or organizations under contract with the department under sub. (4) for
23the volunteer fire fighters, first emergency medical responders, and emergency
24medical technicians services practitioners who perform services for the municipality.

1The municipality shall pay the annual contributions directly to the individual or
2organization offering the plan selected by the municipality.
SB24,7 3Section 7 . 16.25 (3) (d) 1. of the statutes is amended to read:
SB24,5,144 16.25 (3) (d) 1. Subject to subd. 2., the department shall match all annual
5municipal contributions paid for volunteer fire fighters, first emergency medical
6responders, and emergency medical technicians services practitioners up to $250 per
7fiscal year, other than contributions paid for the purchase of additional years of
8service under par. (e), to be paid from the appropriation account under s. 20.505 (4)
9(er). This amount shall be adjusted annually on July 1 to reflect any changes in the
10U.S. consumer price index for all urban consumers, U.S. city average, as determined
11by the U.S. department of labor, for the 12-month period ending on the preceding
12December 31. The department shall pay all amounts that are matched under this
13paragraph to the individuals and organizations offering the plans selected by the
14municipalities.
SB24,8 15Section 8 . 16.25 (3) (d) 2. of the statutes is amended to read:
SB24,5,2016 16.25 (3) (d) 2. If the moneys appropriated under s. 20.505 (4) (er) are not
17sufficient to fully fund the contributions required to be paid by the department under
18subd. 1., the department shall prorate the contributions paid for the volunteer fire
19fighters, first emergency medical responders, and emergency medical technicians
20services practitioners.
SB24,9 21Section 9 . 16.25 (3) (e) of the statutes is amended to read:
SB24,6,422 16.25 (3) (e) A municipality may purchase additional years of service for
23volunteer fire fighters, first emergency medical responders, and emergency medical
24technicians services practitioners. The number of additional years of service that
25may be purchased under this paragraph may not exceed the number of years of

1volunteer fire fighting, first emergency medical responder service, or emergency
2medical technical service performed by the volunteer fire fighter, first emergency
3medical
responder, or emergency medical technician services practitioner for the
4municipality.
SB24,10 5Section 10 . 16.25 (3) (f) of the statutes is amended to read:
SB24,6,146 16.25 (3) (f) Except in the case of a volunteer fire fighter, first emergency
7medical
responder, or emergency medical technician services practitioner or the
8beneficiary of a volunteer fire fighter, first emergency medical responder, or
9emergency medical technician services practitioner eligible for a lump sum under
10par. (i), a vesting period of 10 years of volunteer fire fighting, first emergency medical
11responder service, or emergency medical technical service for a municipality shall be
12required before a volunteer fire fighter, first emergency medical responder, or
13emergency medical technician services practitioner may receive any benefits under
14the program.
SB24,11 15Section 11 . 16.25 (3) (g) of the statutes is amended to read:
SB24,7,816 16.25 (3) (g) A volunteer fire fighter, first emergency medical responder, or
17emergency medical technician services practitioner shall be paid a length of service
18award either in a lump sum or in a manner specified by rule, consisting of all
19municipal and state contributions made on behalf of the volunteer fire fighter, first
20emergency medical responder, or emergency medical technician services
21practitioner
and all earnings on the contributions, less any expenses incurred in the
22investment of the contributions and earnings, after the volunteer fire fighter, first
23emergency medical responder, or emergency medical technician services
24practitioner
attains 20 years of service for a municipality and reaches the age of 60.
25If a volunteer fire fighter, first emergency medical responder, or emergency medical

1technician services practitioner has satisfied all vesting requirements under the
2program but has less than 20 years of service for a municipality or has not reached
3the age of 60, the program shall provide for the payment of a length of service award
4either in a lump sum or in a manner specified by rule in an amount to be determined
5by the department, but less than the amount paid to a volunteer fire fighter, first
6emergency medical responder, or emergency medical technician services
7practitioner
who has attained 20 years of service for a municipality and has reached
8the age of 60.
SB24,12 9Section 12 . 16.25 (3) (h) of the statutes is amended to read:
SB24,7,1510 16.25 (3) (h) The account of a volunteer fire fighter, first emergency medical
11responder, or emergency medical technician services practitioner who has not met
12all of the vesting requirements under the program shall be closed if he or she should
13cease providing volunteer fire fighting, first emergency medical responder, or
14emergency medical technical services for a municipality for a period of 6 months or
15more, unless he or she has been granted a leave of absence by his or her supervisor.
SB24,13 16Section 13 . 16.25 (3) (i) 1. of the statutes is amended to read:
SB24,7,2517 16.25 (3) (i) 1. The beneficiary of a volunteer fire fighter, first emergency
18medical
responder, or emergency medical technician services practitioner who is
19killed in the line of duty or while actively engaged in the rendering of volunteer fire
20fighting, first emergency medical responder, or emergency medical technical service
21shall be paid a length of service award either in a lump sum or in a manner specified
22by rule, consisting of all municipal and state contributions made on behalf of the
23volunteer fire fighter, first emergency medical responder, or emergency medical
24technician services practitioner and all earnings on the contributions, less any
25expenses incurred in the investment of the contributions and earnings.
SB24,14
1Section 14. 16.25 (3) (i) 2. of the statutes is amended to read:
SB24,8,72 16.25 (3) (i) 2. A volunteer fire fighter, first emergency medical responder, or
3emergency medical technician services practitioner who becomes disabled during his
4or her service as a volunteer fire fighter, first emergency medical responder, or
5emergency medical technician services practitioner for the municipality shall be
6paid a length of service award either in a lump sum or in a manner specified by rule,
7in an amount to be determined by the department.
SB24,15 8Section 15 . 16.25 (3) (j) of the statutes is amended to read:
SB24,8,159 16.25 (3) (j) The account of any volunteer fire fighter, first emergency medical
10responder, or emergency medical technician services practitioner who has not met
11all of the vesting requirements under the program, who has not provided volunteer
12fire fighting, first emergency medical responder, or emergency medical technical
13services for a municipality for a period of 6 months or more, who does not meet any
14other program requirement established by the municipality, and who has not been
15granted a leave of absence by his or her supervisor shall be closed.
SB24,16 16Section 16 . 16.25 (3) (k) of the statutes is amended to read:
SB24,8,2117 16.25 (3) (k) The department shall equitably allocate all moneys in accounts
18of volunteer fire fighters, first emergency medical responders, and emergency
19medical technicians services practitioners that have been closed to the accounts of
20volunteer fire fighters, first emergency medical responders, and emergency medical
21technicians services practitioners that have not been forfeited or closed.
SB24,17 22Section 17 . 16.25 (5) of the statutes is amended to read:
SB24,9,423 16.25 (5) The department shall establish by rule a process by which a volunteer
24fire fighter, first emergency medical responder, or emergency medical technician
25services practitioner may appeal to the secretary any decision made by the

1department or by an individual or organization under contract with the department
2under sub. (4) that affects a substantial interest of the volunteer fire fighter, first
3emergency medical responder, or emergency medical technician services
4practitioner
under the program.
SB24,18 5Section 18 . 20.435 (1) (ch) of the statutes is amended to read:
SB24,9,106 20.435 (1) (ch) Emergency medical services; aids. The amounts in the schedule
7for emergency medical technician — basic emergency medical technician training
8and examination aid under s. 256.12 (5) and for ambulance service vehicles or vehicle
9equipment, emergency medical services supplies or equipment or emergency
10medical training for personnel under s. 256.12 (4).
SB24,19 11Section 19 . 36.27 (3m) (a) 1g. of the statutes is amended to read:
SB24,9,1312 36.27 (3m) (a) 1g. “Emergency medical services technician" means an
13individual under s. 256.01 (4p) or (5) or (9).
SB24,20 14Section 20 . 38.24 (5) (a) 1j. of the statutes is amended to read:
SB24,9,1615 38.24 (5) (a) 1j. “Emergency medical services technician" means an individual
16under s. 256.01 (4p) or (5) or (9).
SB24,21 17Section 21 . 40.02 (48) (bm) of the statutes is amended to read:
SB24,9,2518 40.02 (48) (bm) “Protective occupation participant" includes any participant
19who is an emergency medical technician services practitioner, as defined in s. 256.01
20(5),
if the participant's employer classifies the participant as a protective occupation
21participant and the department receives notification of the participant's name as
22provided in s. 40.06 (1) (d) and (dm). Notwithstanding par. (a), an employer may
23classify a participant who is an emergency medical technician services practitioner
24as a protective occupation participant without making a determination that the
25principal duties of the participant involve active law enforcement or active fire

1suppression or prevention. A determination under this paragraph may not be
2appealed under s. 40.06 (1) (e) or (em), but a determination under this paragraph
3regarding the classification of a state employee is subject to review under s. 40.06 (1)
4(dm). Notwithstanding sub. (17) (d), each participant who is classified as a protective
5occupation participant under this paragraph on or after January 1, 1991, shall be
6granted creditable service as a protective occupation participant for all covered
7service as an emergency medical technician services practitioner that was earned on
8or after the date on which the department receives notification of the participant's
9name as provided in s. 40.06 (1) (d) and (dm), but may not be granted creditable
10service as a protective occupation participant for any covered service as an
11emergency medical technician services practitioner that was earned before that
12date.
SB24,22 13Section 22 . 40.65 (4r) of the statutes is amended to read:
SB24,10,1814 40.65 (4r) A protective occupation participant who is an emergency medical
15technician services practitioner, as defined in s. 256.01 (5), is not entitled to a duty
16disability benefit under this section for an injury or disease occurring before the date
17on which the department receives notification of the participant's name as provided
18in s. 40.06 (1) (d) and (dm).
SB24,23 19Section 23 . 48.195 (1) of the statutes is amended to read:
SB24,11,1520 48.195 (1) Taking child into custody. In addition to being taken into custody
21under s. 48.19, a child whom a law enforcement officer, emergency medical
22technician services practitioner, as defined in s. 256.01 (5), or hospital staff member
23reasonably believes to be 72 hours old or younger may be taken into custody under
24circumstances in which a parent of the child relinquishes custody of the child to the
25law enforcement officer, emergency medical technician services practitioner, or

1hospital staff member and does not express an intent to return for the child. If a
2parent who wishes to relinquish custody of his or her child under this subsection is
3unable to travel to a sheriff's office, police station, fire station, hospital, or other place
4where a law enforcement officer, emergency medical technician services practitioner,
5or hospital staff member is located, the parent may dial the telephone number “911"
6or, in an area in which the telephone number “911" is not available, the number for
7an emergency medical service provider, and the person receiving the call shall
8dispatch a law enforcement officer or emergency medical technician services
9practitioner
to meet the parent and take the child into custody. A law enforcement
10officer, emergency medical technician services practitioner, or hospital staff member
11who takes a child into custody under this subsection shall take any action necessary
12to protect the health and safety of the child, shall, within 24 hours after taking the
13child into custody, deliver the child to the intake worker under s. 48.20, and shall,
14within 5 days after taking the child into custody, file a birth certificate for the child
15under s. 69.14 (3).
SB24,24 16Section 24 . 48.195 (2) (a) of the statutes is amended to read:
SB24,12,217 48.195 (2) (a) Except as provided in this paragraph, a parent who relinquishes
18custody of a child under sub. (1) and any person who assists the parent in that
19relinquishment have the right to remain anonymous. The exercise of that right shall
20not affect the manner in which a law enforcement officer, emergency medical
21technician services practitioner, as defined in s. 256.01 (5), or hospital staff member
22performs his or her duties under this section. No person may induce or coerce or
23attempt to induce or coerce a parent or person assisting a parent who wishes to
24remain anonymous into revealing his or her identity, unless the person has
25reasonable cause to suspect that the child has been the victim of abuse or neglect or

1that the person assisting the parent is coercing the parent into relinquishing custody
2of the child.
SB24,25 3Section 25 . 48.195 (2) (b) of the statutes is amended to read:
SB24,12,114 48.195 (2) (b) A parent who relinquishes custody of a child under sub. (1) and
5any person who assists the parent in that relinquishment may leave the presence of
6the law enforcement officer, emergency medical technician services practitioner, as
7defined in s. 256.01 (5)
, or hospital staff member who took custody of the child at any
8time, and no person may follow or pursue the parent or person assisting the parent,
9unless the person has reasonable cause to suspect that the child has been the victim
10of abuse or neglect or that the person assisting the parent has coerced the parent into
11relinquishing custody of the child.
SB24,26 12Section 26 . 48.195 (3) (a) of the statutes is amended to read:
SB24,12,1713 48.195 (3) (a) Subject to par. (b), a law enforcement officer, emergency medical
14technician services practitioner, as defined in s. 256.01 (5), or hospital staff member
15who takes a child into custody under sub. (1) shall make available to the parent who
16relinquishes custody of the child the maternal and child health toll-free telephone
17number maintained by the department under 42 USC 705 (a) (5) (E).
SB24,27 18Section 27 . 48.195 (4) (b) of the statutes is amended to read:
SB24,12,2519 48.195 (4) (b) Any law enforcement officer, emergency medical technician
20services practitioner, as defined in s. 256.01 (5), or hospital staff member who takes
21a child into custody under sub. (1) is immune from any civil liability to the child's
22parents, or any criminal liability for any good faith act or omission occurring solely
23in connection with the act of receiving custody of the child from the child's parents,
24but is not immune from any civil or criminal liability for any act or omission occurring
25in subsequently providing care for the child.
SB24,28
1Section 28. 48.685 (1) (ag) 2. of the statutes is amended to read:
SB24,13,72 48.685 (1) (ag) 2. “Caregiver" does not include a person who is certified as an
3emergency medical technician services practitioner under s. 256.15 if the person is
4employed, or seeking employment, as an emergency medical technician services
5practitioner
and does not include a person who is certified as a first an emergency
6medical
responder under s. 256.15 if the person is employed, or seeking employment,
7as a first an emergency medical responder.
SB24,29 8Section 29 . 48.981 (2) (a) 27. of the statutes is amended to read:
SB24,13,99 48.981 (2) (a) 27. An emergency medical technician services practitioner.
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