AB241,1,9 1An Act to repeal 66.0137 (4m) (a); to renumber and amend 66.0137 (1) (ae);
2to amend 20.835 (1) (db), 66.0137 (3), 66.0137 (5) (c) 1., 66.0137 (5) (c) 2.,
366.0137 (5) (c) 3. (intro.), 66.0137 (5) (c) 3. b., 79.01 (2d) and 79.035 (5); and to
4create
16.14, 20.505 (1) (cr), 66.0137 (1) (af), 66.0137 (1) (ag), 66.0137 (1) (am),
566.0137 (1) (ap), 66.0137 (1) (c), 66.0137 (5) (c) 1m., 66.0137 (5) (c) 4. and 79.035
6(6) of the statutes; relating to: requiring the payment of health insurance
7premiums, and establishing a loan program, for survivors of a law enforcement
8officer, emergency medical technician, or fire fighter who dies, or has died, in
9the line of duty and making appropriations.
Analysis by the Legislative Reference Bureau
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.
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 dependent children of a law enforcement officer or EMT who dies, or has
died, in the line of duty. In addition, the bill requires the state to reimburse political
subdivisions for premiums paid to cover the surviving spouses and dependents 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:
AB241,1 1Section 1. 16.14 of the statutes is created to read:
AB241,3,4 216.14 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:
AB241,3,95 (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:
AB241,3,1010 1. A personal injury.
AB241,3,1111 2. The contraction of an infectious disease.
AB241,3,1212 3. Exposure to hazardous materials or conditions.
AB241,3,1513 (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.
AB241,3,1916 (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).
AB241,4,420 (c) "Line of duty activity" means any employment-related action taken by a law
21enforcement officer or fire fighter that is required or authorized by law, rule,

1regulation, or condition of employment and for which compensation is provided by
2his or her employer or would have been eligible to have been provided by the
3employer if the law enforcement officer or fire fighter had been on duty when he or
4she took the action in question.
AB241,4,55 (d) "Political subdivision" has the meaning given in s. 66.0137 (1) (c).
AB241,4,14 6(2) (a) Except as provided in pars. (b) to (d), if a law enforcement officer or fire
7fighter dies in the line of duty the department shall pay the premiums for hospital,
8surgical, and other health insurance for the surviving spouse and dependent
9children of the law enforcement officer or fire fighter. The department shall either
10reimburse the surviving spouse and dependent children for the payment of the
11premiums or shall pay the premiums directly to the department of employee trust
12funds for health care coverage under subch. IV of ch. 40, whichever the department
13considers appropriate. Premiums shall be paid from the appropriation under s.
1420.505 (1) (cr).
AB241,4,1615 (b) The department shall pay the premiums for the surviving spouse only until
16the spouse remarries or reaches the age of 65, whichever occurs first.
AB241,4,1817 (c) The department shall pay the premiums for a surviving dependent child
18only until he or she reaches the age of 18 unless any of the following applies:
AB241,4,1919 1. The individual is a full-time student in a secondary school.
AB241,4,2220 2. The individual is a full-time or part-time student in an accredited college
21or university, except that this subdivision does not apply to such an individual after
22the individual reaches the age of 26.
AB241,4,2523 (d) The department shall pay the premiums for the surviving spouse and
24dependent children of the law enforcement officer or fire fighter only after the
25exhaustion of any credits under ss. 40.05 (4) (b) and 40.95 (1).
AB241,5,5
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).
AB241,5,22 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:
AB241,5,2323 (a) Apply for the loan on a form prepared by the department.
AB241,6,3
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.
AB241,6,54 (c) Provide all documentation required by the department to verify the salary
5of the deceased spouse.
AB241,6,86 (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.
AB241,2 9Section 2. 20.505 (1) (cr) of the statutes is created to read:
AB241,6,1310 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.
AB241,3 14Section 3. 20.835 (1) (db) of the statutes is amended to read:
AB241,6,1915 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
.
AB241,4 20Section 4. 66.0137 (1) (ae) of the statutes is renumbered 66.0137 (1) (as) and
21amended to read:
AB241,6,2522 66.0137 (1) (as) "Local governmental unit" means a municipality, county
23political subdivision, school district (as enumerated in s. 67.01 (5)), sewerage district,
24drainage district, and, without limitation because of enumeration, any other political
25subdivision of the state.
AB241,5
1Section 5. 66.0137 (1) (af) of the statutes is created to read:
AB241,7,62 66.0137 (1) (af) "Dies in the line of duty" means a death that occurs, or occurred,
3as a direct and proximate result of one or more of the following, sustained by a law
4enforcement officer, emergency medical technician, or fire fighter while he or she was
5engaged in a line of duty activity or that arose out of and as a result of such an
6individual's performance of a line of duty activity:
AB241,7,77 1. A personal injury.
AB241,7,88 2. The contraction of an infectious disease.
AB241,7,99 3. Exposure to hazardous materials or conditions.
AB241,6 10Section 6. 66.0137 (1) (ag) of the statutes is created to read:
AB241,7,1211 66.0137 (1) (ag) "Emergency medical technician" has the meaning given in s.
12256.01 (5).
AB241,7 13Section 7. 66.0137 (1) (am) of the statutes is created to read:
AB241,7,1414 66.0137 (1) (am) "Law enforcement officer" means all of the following:
AB241,7,1815 1. Any person employed by a political subdivision for the purpose of detecting
16and preventing crime and enforcing laws or ordinances and who is authorized to
17make arrests for violations of the laws or ordinances that the person is employed to
18enforce.
AB241,7,2019 2. Any jailer who, under the direction of a sheriff under s. 59.27 (1), keeps
20persons in a county jail.
AB241,8 21Section 8. 66.0137 (1) (ap) of the statutes is created to read:
AB241,8,322 66.0137 (1) (ap) "Line of duty activity" means any employment-related action
23taken by a law enforcement officer, emergency medical technician, or fire fighter that
24is required or authorized by law, rule, regulation, or condition of employment and for
25which compensation is provided by his or her employing agency or would have been

1eligible to have been provided by the employing agency if the law enforcement officer,
2emergency medical technician, or fire fighter had been on duty when he or she took
3the action in question.
AB241,9 4Section 9. 66.0137 (1) (c) of the statutes is created to read:
AB241,8,55 66.0137 (1) (c) "Political subdivision" means any municipality or county.
AB241,10 6Section 10. 66.0137 (3) of the statutes is amended to read:
AB241,8,107 66.0137 (3) Health insurance for unemployed persons. Any municipality or
8county
political subdivision may purchase health or dental insurance for
9unemployed persons residing in the municipality or county who are not eligible for
10medical assistance under s. 49.46, 49.468, 49.47, or 49.471 (4) (a) or (b).
AB241,11 11Section 11. 66.0137 (4m) (a) of the statutes is repealed.
AB241,12 12Section 12. 66.0137 (5) (c) 1. of the statutes is amended to read:
AB241,8,1713 66.0137 (5) (c) 1. Except as provided in subds. 2. and, 3., and 4., if a municipality
14provides for the payment of premiums for hospital, surgical, and other health
15insurance for its fire fighters, it shall continue to pay such premiums for the
16surviving spouse and dependent children of a the fire fighter who dies in the line
17of duty.
AB241,13 18Section 13. 66.0137 (5) (c) 1m. of the statutes is created to read:
AB241,8,2419 66.0137 (5) (c) 1m. Except as provided in subds. 2., 3., and 4., if a political
20subdivision provides for the payment of premiums for hospital, surgical, and other
21health insurance for its law enforcement officers or emergency medical technicians,
22it shall continue to pay such premiums for the surviving spouse and dependent
23children of the law enforcement officer or emergency medical technician who dies
24while in the line of duty.
AB241,14 25Section 14. 66.0137 (5) (c) 2. of the statutes is amended to read:
AB241,9,4
166.0137 (5) (c) 2. A municipality political subdivision may not be required to
2pay the premiums described in subd. 1. or 1m. for a surviving spouse upon the
3remarriage of the surviving spouse or upon the surviving spouse reaching the age of
465.
AB241,15 5Section 15. 66.0137 (5) (c) 3. (intro.) of the statutes is amended to read:
AB241,9,86 66.0137 (5) (c) 3. (intro.) An individual is not a dependent child for the purposes
7of subd. 1. or 1m. after the individual reaches the age of 18 unless one of the following
8applies:
AB241,16 9Section 16. 66.0137 (5) (c) 3. b. of the statutes is amended to read:
AB241,9,1310 66.0137 (5) (c) 3. b. The individual is a full-time or part-time student in an
11accredited college or university, except that this subd. 3. b. does not apply to such an
12individual after the close of the calendar year in which the individual reaches the age
13of 27 26.
AB241,17 14Section 17. 66.0137 (5) (c) 4. of the statutes is created to read:
AB241,9,2515 66.0137 (5) (c) 4. A political subdivision may seek reimbursement from the
16department of administration under s. 16.14 (3) for the payment of any premiums
17described in subd. 1. or 1m. that were paid by the political subdivision and that were
18not otherwise required to be paid under an employment-related benefit provided to
19the fire fighter, law enforcement officer, or emergency medical technician if the
20political subdivision provides the department of administration with written
21certification that the individual on whose behalf the premiums are being paid died
22in the line of duty. The political subdivision shall seek reimbursement from the
23department of administration, using a form provided by the department of
24administration that specifies the premium amounts paid by the political subdivision
25and the names, ages, and marital status of the individuals for whom the premiums

1were paid. The political subdivision shall also certify that the premiums could not
2be paid under a different employment-related benefit that was provided to the fire
3fighter, law enforcement officer, or emergency medical technician.
AB241,18 4Section 18. 79.01 (2d) of the statutes is amended to read:
AB241,10,105 79.01 (2d) There is established an account in the general fund entitled the
6"County and Municipal Aid Account." The total amount to be distributed in 2011 to
7counties and municipalities from the county and municipal aid account is
8$824,825,715 and the total amount to be distributed to counties and municipalities
9in 2012, and in each year thereafter, from the county and municipal aid account is
10$748,075,715, less the amounts paid under s. 16.14.
AB241,19 11Section 19. 79.035 (5) of the statutes is amended to read:
AB241,10,1512 79.035 (5) For Except as provided in sub. (6), for the distribution in 2013 and
13subsequent years, each county and municipality shall receive a payment under this
14section that is equal to the amount of the payment determined for the county or
15municipality under this section for 2012.
AB241,20 16Section 20. 79.035 (6) of the statutes is created to read:
AB241,10,2117 79.035 (6) For the distribution in 2013 and subsequent years, each county and
18municipality's payment under this section shall be reduced, in proportion to the
19county's or municipality's share of total payments under this section, to reflect the
20reduction in the county and municipal aid account as a result of payments made
21under s. 16.14 for surviving spouses identified in s. 66.0137 (5) (c) 1. or 1m.
AB241,21 22Section 21. Initial applicability.
AB241,11,223 (1) This act first applies, retroactively, to a law enforcement officer, emergency
24medical technician, or fire fighter who has died in the line of duty before the effective

1date of this subsection, but only with respect to the payment of health insurance
2premiums that come due on or after the effective date of this subsection.
AB241,11,33 (End)
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