LRB-1933/3
MJL:kmg:pg
2003 - 2004 LEGISLATURE
April 16, 2003 - Introduced by Senators Kanavas, Welch, Roessler, Kedzie, Lazich
and Harsdorf, cosponsored by Representatives M. Lehman, Hahn, Ladwig,
Kreibich, Musser, Ainsworth, Hines, Townsend, McCormick, Bies, Miller
and Kaufert. Referred to Committee on Homeland Security, Veterans and
Military Affairs and Government Reform.
SB119,1,3
1An Act to renumber 895.35; and
to create 895.35 (2) of the statutes;
relating
2to: payment of litigation expenses of emergency medical services personnel, fire
3fighters, and law enforcement or correctional officers.
Analysis by the Legislative Reference Bureau
Current law requires a municipality (a city, town, village, school district,
technical college district, or county) to pay the judgment and costs of a municipal
officer or employee who is sued in his or her official capacity or for actions taken in
the scope of his or her employment. Current law also permits a municipality to pay
the reasonable litigation expenses of a municipal officer against whom criminal
charges or a civil lawsuit not involving the recovery of damages is brought.
This bill requires the municipality to pay these litigation expenses for an
emergency medical services technician, first responder, fire fighter, or law
enforcement or correctional officer unless the person resigns before the expenses are
incurred or his or her employment is terminated for cause.
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:
SB119, s. 1
4Section
1. 895.35 of the statutes is renumbered 895.35 (1).
SB119, s. 2
1Section
2. 895.35 (2) of the statutes is created to read:
SB119,2,62
895.35
(2) Notwithstanding sub. (1), the city, town, village, school district,
3technical college district, or county shall pay all reasonable expenses under sub. (1)
4for an emergency medical services technician under s. 146.50 (1) (e) or (hm), a fire
5fighter, or a law enforcement or correctional officer, unless the person resigns before
6the expenses are incurred or the person's employment is terminated for cause.
SB119,2,98
(1) This act first applies to expenses incurred on the effective date of this
9subsection.
