RAC:cmh&kmg:jf
1999 - 2000 LEGISLATURE
March 4, 1999 - Introduced by Senators Zien, Shibilski, Welch, Breske,
Fitzgerald, Schultz, Drzewiecki, Rude, Moen, Darling, A. Lasee, Wirch,
Roessler, Panzer, Baumgart, Lazich
and Farrow, cosponsored by
Representatives Powers, Pettis, Musser, Klusman, Gunderson, Gronemus,
Kreibich, Duff, Huebsch, Handrick, Sykora, Porter, Schneider, Freese,
Sherman, Miller, Hasenohrl, Ainsworth, Brandemuehl, Suder, Spillner,
Owens, Ryba, Lassa, Johnsrud, Seratti, Boyle, Kestell, Hoven, Hebl, Nass,
Albers, Petrowski, Ott, Olsen, Reynolds, Skindrud, Hutchison, Hahn,
Rhoades
and Hundertmark. Referred to Committee on Labor.
SB75,1,6 1An Act to amend 40.03 (1) (d) (intro.), 40.03 (2) (i), 40.03 (5) (c) and 40.04 (5) (e);
2and to create 13.94 (1) (p), 15.165 (5), 20.515 (2), 25.85, 40.03 (2) (im) and 40.03
3(10) of the statutes; relating to: establishing a service award program for
4volunteer fire fighters and emergency medical technicians, creating a volunteer
5fire fighter and emergency medical technician service award board, requiring
6the exercise of rule-making authority and making appropriations.
Analysis by the Legislative Reference Bureau
This bill creates a volunteer fire fighter and emergency medical technician
service award board (board), attached to the department of employe trust funds
(DETF). The board consists of the secretary of employe trust funds or his or her
designee, three members who are volunteer fire fighters and three members who
represent municipalities that operate volunteer fire departments.
Under the bill, the board must establish by rule a volunteer fire fighter and
emergency medical technician service award program for volunteer fire fighters and
emergency medical technicians in municipalities that operate volunteer fire
departments or that contract with volunteer fire companies and in any municipality
that authorizes volunteer emergency medical technicians to provide emergency
medical technical services in the municipality. To the extent permitted by federal
law, the award must be treated as a tax-deferred benefit under the federal income
tax code. The board must promulgate rules to include the following design features
for the program:

1. All municipalities that operate volunteer fire departments or that contract
with volunteer fire companies and any municipality that authorizes volunteer
emergency medical technicians to provide emergency medical technical services in
the municipality may voluntarily participate in the program.
2. Annual contributions must be paid by municipalities for each volunteer fire
fighter and emergency medical technician in an amount determined by the
municipalities.
3. The state must match all annual municipal contributions paid for volunteer
fire fighters and emergency medical technicians up to $250 per year. This amount
is to be adjusted annually to reflect changes in the cost of living.
4. A municipality may purchase additional years of service for volunteer fire
fighters and emergency medical technicians who have at least five years of service.
5. A vesting period of ten years of volunteer fire fighting or emergency medical
technical service for a municipality is required before a volunteer fire fighter or
emergency medical technician qualifies to receive any benefits under the program.
6. A requirement that a volunteer fire fighter or emergency medical technician
must be paid a lump sum, consisting of all municipal and state contributions made
on behalf of the fire fighter or emergency medical technician and all earnings on the
contributions, less any amounts used to fund the general program operations of the
program, after the fire fighter or emergency medical technician attains 20 years of
service for a municipality and reaches the age of 60. If a volunteer fire fighter or
emergency medical technician has satisfied all vesting requirements but has less
than 20 years of service with a municipality or has not reached the age of 60, the
program must provide for a reduced lump sum payment.
7. A requirement that a volunteer fire fighter or emergency medical technician
must forfeit his or her rights to all contributions under the program if he or she
should cease providing volunteer fire fighting or emergency medical technical
services for six months or more for a municipality and he or she has not provided
volunteer fire fighting or emergency medical technical service for a municipality for
at least ten years, unless the board finds good cause for the period of separation.
Under the bill, the board must contract with an individual or organization in
the private sector for all administrative and investment services required for the
volunteer fire fighter and emergency medical technician service award program.
Finally, under the bill, the volunteer fire fighter and emergency medical
technician service award board must submit the proposed rules to the legislative
council staff no later than February 1, 2001. In addition, the legislative audit bureau
must prepare a performance evaluation audit of the volunteer fire fighter and
emergency medical technician service award program no later than February 1,
2006.
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:
SB75, s. 1
1Section 1. 13.94 (1) (p) of the statutes is created to read:
SB75,3,52 13.94 (1) (p) No later than February 1, 2006, prepare a performance evaluation
3audit of the volunteer fire fighter and emergency medical technician service award
4program established under s. 40.03 (10). The legislative audit bureau shall file a copy
5of the audit report under this paragraph with the distributees specified in par. (b).
SB75, s. 2 6Section 2. 15.165 (5) of the statutes is created to read:
SB75,3,117 15.165 (5) Volunteer fire fighter and emergency medical technician service
8award board.
(a) There is created in the department of employe trust funds a
9volunteer fire fighter and emergency medical technician service award board
10consisting of the secretary of employe trust funds or his or her designee and the
11following members appointed for 3-year terms:
SB75,3,1212 1. Three members who are volunteer fire fighters.
SB75,3,1513 2. Three members who represent municipalities that operate volunteer fire
14departments or that contract with volunteer fire companies organized under ch. 181
15or 213.
SB75,3,1816 (b) 1. In appointing the members under par. (a) 1., the governor shall appoint
17one member who is a member of the Wisconsin State Fire Chiefs Association and at
18least one member who is a member of the Wisconsin State Fire Fighters Association.
SB75,3,2119 2. In appointing the members under par. (a) 1. and 2., the governor shall seek
20to appoint members from different regions of the state and municipalities of different
21sizes.
SB75, s. 3 22Section 3. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
23the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF
SB75, s. 4 1Section 4. 20.515 (2) of the statutes is created to read:
SB75,4,62 20.515 (2) Volunteer fire fighter and emergency medical technician service
3award program.
(a) Volunteer fire fighter and emergency medical technician service
4award board; start-up costs.
The amounts in the schedule for the start-up costs for
5the operations of the volunteer fire fighter and emergency medical technician service
6award board.
SB75,4,107 (b) Volunteer fire fighter and emergency medical technician service award
8program; state matching awards
. A sum sufficient to make the transfers to the
9volunteer fire fighter and emergency medical technician service award fund that are
10required under s. 40.03 (10) (f).
SB75,5,211 (q) Volunteer fire fighter and emergency medical technician service award
12program; general program operations
. From the volunteer fire fighter and
13emergency medical technician service award fund, the amounts in the schedule for

1the general program operations of the volunteer fire fighter and emergency medical
2technician service award program.
SB75,5,63 (r) Volunteer fire fighter and emergency medical technician service award
4program; service awards
. From the volunteer fire fighter and emergency medical
5technician service award fund, a sum sufficient for the payment of volunteer fire
6fighter and emergency medical technician service awards under s. 40.03 (10).
SB75, s. 5 7Section 5. 25.85 of the statutes is created to read:
SB75,5,14 825.85 Volunteer fire fighter and emergency medical technician service
9award fund.
There is established a separate nonlapsible trust fund designated as
10the volunteer fire fighter and emergency medical technician service award fund,
11consisting of moneys paid by municipalities on behalf of volunteer fire fighters and
12emergency medical technicians covered by the volunteer fire fighter emergency
13medical technician service award program established under s. 40.03 (10) and
14moneys required to be transferred by the state to the fund under s. 40.03 (10) (f).
SB75, s. 6 15Section 6. 40.03 (1) (d) (intro.) of the statutes is amended to read:
SB75,5,2116 40.03 (1) (d) (intro.) Shall select and retain an actuary or an actuarial firm,
17under one or more contractual agreements which shall run to the department for the
18purpose of performing all actuarial services which are necessary for the operation
19and control of each of the insurance and benefit programs under this chapter, other
20than the volunteer fire fighter and emergency medical technician service award
21program established under sub. (10)
. Under this paragraph, the board shall:
SB75, s. 7 22Section 7. 40.03 (2) (i) of the statutes is amended to read:
SB75,6,523 40.03 (2) (i) Shall promulgate, with the approval of the board, all rules, except
24rules promulgated under par. (ig), (im) or (ir), that are required for the efficient
25administration of the fund or of any of the benefit plans established by this chapter.

1In addition to being approved by the board, rules promulgated under this paragraph
2relating to teachers must be approved by the teachers retirement board and rules
3promulgated under this paragraph relating to participants other than teachers must
4be approved by the Wisconsin retirement board, except rules promulgated under s.
540.30.
SB75, s. 8 6Section 8. 40.03 (2) (im) of the statutes is created to read:
SB75,6,107 40.03 (2) (im) Shall promulgate, with the approval of the volunteer fire fighter
8and emergency medical technician service award board, all rules required for the
9establishment and administration of the volunteer fire fighter and emergency
10medical technician service award program under sub. (10).
SB75, s. 9 11Section 9. 40.03 (5) (c) of the statutes is amended to read:
SB75,6,1612 40.03 (5) (c) Shall determine the proper rates of premiums and contributions
13required, or advise as to the appropriateness of premium rates proposed by
14independent insurers, for each of the benefit plans provided for by this chapter, other
15than the volunteer fire fighter and emergency medical technician service award
16program established under sub. (10)
.
SB75, s. 10 17Section 10. 40.03 (10) of the statutes is created to read:
SB75,7,418 40.03 (10) Volunteer fire fighter and emergency medical technician service
19award board.
(a) The volunteer fire fighter and emergency medical technician
20service award board shall establish by rule a program to provide length-of-service
21awards, described in 26 USC 457 (e) (11), to volunteer fire fighters in municipalities
22that operate volunteer fire departments or that contract with volunteer fire
23companies organized under ch. 181 or 213 and to volunteer emergency medical
24technicians in any municipality that authorizes volunteer emergency medical
25technicians to provide emergency medical technical services in the municipality. To

1the extent permitted by federal law, the volunteer fire fighter and emergency medical
2technician service award board shall design the program so as to treat the
3length-of-service awards as a tax-deferred benefit under the Internal Revenue
4Code.
SB75,7,75 (b) The volunteer fire fighter and emergency medical technician service award
6board shall promulgate rules to include the following design features for the
7program:
SB75,7,128 1. All municipalities that operate volunteer fire departments or that contract
9with volunteer fire companies organized under ch. 181 or 213 and any municipality
10that authorizes volunteer emergency medical technicians to provide emergency
11medical technical services in the municipality may voluntarily participate in the
12program.
SB75,7,1513 2. Annual contributions shall be paid by municipalities for each volunteer fire
14fighter and emergency medical technician in an amount determined by the
15municipalities.
SB75,7,2016 3. The state shall match all annual municipal contributions paid for volunteer
17fire fighters and emergency medical technicians up to $250 per year, other than
18contributions paid under subd. 4. This amount shall be adjusted annually to reflect
19any changes in the U.S. consumer price index for all urban consumers, U.S. city
20average, as determined by the U.S. department of labor.
SB75,8,221 4. A municipality may purchase any number of additional years of service for
22volunteer fire fighters and emergency medical technicians who have at least 5 years
23of service as a volunteer fire fighter or emergency medical technician. The number
24of additional years of service that may be purchased under this subdivision may not
25exceed the number of years of volunteer fire fighting or emergency medical technical

1service performed by the volunteer fire fighter or emergency medical technician for
2the municipality.
SB75,8,53 5. A vesting period of 10 years of volunteer fire fighting or emergency medical
4technical service for a municipality shall be required before a volunteer fire fighter
5or emergency medical technician qualifies to receive any benefits under the program.
SB75,8,166 6. A requirement that a volunteer fire fighter or emergency medical technician
7shall be paid a lump sum, consisting of all municipal and state contributions made
8on behalf of the volunteer fire fighter or emergency medical technician and all
9earnings on the contributions, less any amounts to fund the general program
10operations costs of the volunteer fire fighter and emergency medical technician
11service award program, after the fire fighter or emergency medical technician
12attains 20 years of service for a municipality and reaches the age of 60. If a volunteer
13fire fighter or emergency medical technician has satisfied all vesting requirements
14but has less than 20 years of service for a municipality or has not reached the age of
1560, the program shall provide for the payment of a reduced lump sum, as determined
16by the volunteer fire fighter and emergency medical technician service award board.
SB75,8,2317 7. A requirement that a volunteer fire fighter or emergency medical technician
18shall forfeit his or her rights to all contributions under the program if he or she should
19cease providing volunteer fire fighting or emergency medical technical services for
20a municipality for 6 months or more and he or she has not provided fire fighting or
21emergency medical technical services for a municipality for at least 10 years, unless
22the volunteer fire fighter and emergency medical technician service award board
23finds good cause for the period of separation.
SB75,9,224 (c) The volunteer fire fighter and emergency medical technician service award
25board may charge the volunteer fire fighter and emergency medical technician

1service award fund for the general program operations costs of the volunteer fire
2fighter and emergency medical technician service award program.
SB75,9,63 (d) The members of the volunteer fire fighter and emergency medical
4technician service award board shall be the trustees of the volunteer fire fighter and
5emergency medical technician service award fund and shall have all powers
6necessary or convenient to perform any fiduciary duty required by law.
SB75,9,117 (e) The volunteer fire fighter and emergency medical technician service award
8board shall contract with an individual or organization in the private sector for all
9administrative and investment services required, other than services funded from
10the appropriation account under s. 20.515 (2) (a), for the volunteer fire fighter and
11emergency medical technician service award program.
SB75,9,1612 (f) The volunteer fire fighter and emergency medical technician service award
13board shall transfer from the appropriation account under s. 20.515 (2) (b) to the
14volunteer fire fighter and emergency medical technician service award fund all
15amounts necessary to match the municipal contributions under the volunteer fire
16fighter and emergency medical technician service award program.
SB75,9,1917 (g) The volunteer fire fighter and emergency medical technician service award
18board shall accept timely appeals of determinations made by the department
19affecting any right or benefit relating to the program established under par. (a).
SB75,9,2320 (h) Annually, on or before December 31, the volunteer fire fighter and
21emergency medical technician service award board shall submit a report to the chief
22clerk of each house of the legislature under s. 13.172 (2) describing the activities of
23the volunteer fire fighter and emergency medical technician service award board.
SB75, s. 11 24Section 11. 40.04 (5) (e) of the statutes is amended to read:
SB75,10,2
140.04 (5) (e) Credited all amounts waived, released or forfeited under any
2provision of this chapter, other than s. 40.03 (10).
SB75, s. 12 3Section 12 . Nonstatutory provisions.
SB75,10,84 (1) Volunteer fire fighter and emergency medical technician service award
5board
. Notwithstanding the length of terms specified for the members of the
6volunteer fire fighter and emergency medical technician service award board under
7section 15.165 (5) (a) 1. and 2. of the statutes, as created by this act, the initial
8members shall be appointed for the following terms:
SB75,10,119 (a) One member specified under section 15.165 (5) (a) 1. of the statutes, as
10created by this act, and one member specified under section 15.165 (5) (a) 2. of the
11statutes, as created by this act, for terms expiring on May 1, 2002.
SB75,10,1412 (b) One member specified under section 15.165 (5) (a) 1. of the statutes, as
13created by this act, and one member specified under section 15.165 (5) (a) 2. of the
14statutes, as created by this act, for terms expiring on May 1, 2003.
SB75,10,1715 (c) One member specified under section 15.165 (5) (a) 1. of the statutes, as
16created by this act, and one member specified under section 15.165 (5) (a) 2. of the
17statutes, as created by this act, for terms expiring on May 1, 2004.
SB75,10,2318 (2) Submission of proposed rules establishing a volunteer fire fighter and
19emergency medical technician service award program
. No later than February 1,
202001, the department of employe trust funds shall submit in proposed form the rules
21establishing the volunteer fire fighter and emergency medical technician service
22award program under section 40.03 (10) of the statutes, as created by this act, to the
23legislative council staff under section 227.15 (1) of the statutes.
SB75,10,2424 (End)
Loading...
Loading...