AB59: Bill Text

LRB-0790/1

TJD:amn

2017 - 2018 LEGISLATURE

2017 Assembly BILL 59

February 6, 2017 - Introduced by Representatives Loudenbeck, Shankland, Anderson, Bernier, Mursau, Spiros and Zepnick, cosponsored by Senators Moulton, Harsdorf, Nass, Olsen, Petrowski and Ringhand. Referred to Committee on Health.

AB59,3,2 An Act to renumber 256.01 (1); to renumber and amend 66.0608 (1) (a), 66.0608 (1) (d), 66.0608 (1) (e), 103.88 (1) (f), 154.17 (3m), 256.01 (8), 256.01 (9), 940.20 (7) (a) 2m. and 941.20 (1m) (a) 3.; to amend 16.25 (1) (am), 16.25 (2), 16.25 (3) (a), 16.25 (3) (b), 16.25 (3) (c), 16.25 (3) (d) 1., 16.25 (3) (d) 2., 16.25 (3) (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 (3) (j), 16.25 (3) (k), 16.25 (5), 20.435 (1) (ch), 36.27 (3m) (a) 1g., 38.24 (5) (a) 1j., 40.02 (48) (bm), 40.65 (4r), 48.195 (1), 48.195 (2) (a), 48.195 (2) (b), 48.195 (3) (a), 48.195 (4) (b), 48.685 (1) (ag) 2., 48.981 (2) (a) 27., 48.981 (2) (a) 28., 50.065 (1) (ag) 2., 59.34 (2) (a), 59.34 (2) (b) 1., 59.35 (5), 60.37 (4) (a), 66.0137 (4t), 66.0501 (4), 66.0608 (title), 66.0608 (1) (b), 66.0608 (1) (h), 66.0608 (2) (a), 66.0608 (2) (b), 97.67 (5m) (a) 6., 102.03 (1) (c) 2., 103.88 (title), 103.88 (1) (c), 103.88 (2), 103.88 (3) (a) 1., 108.05 (3) (a), 109.03 (1) (e), 111.91 (2) (gu), 118.29 (1) (c), 146.37 (1) (a), 146.37 (1g), 146.81 (1) (r), 146.81 (1) (s), 146.81 (4), 146.997 (1) (d) 14., 154.17 (2), 154.17 (3), 154.19 (3) (a), 154.19 (3) (b) 3., 154.21 (1) (a), 154.225 (2) (a), 154.23 (intro.), 154.25 (6), 157.06 (12) (a) 1., 252.14 (1) (ar) 13., 252.14 (1) (ar) 15., 252.15 (1) (af), 252.15 (5g) (a) 1., 255.35 (1m) (a) 1., 256.01 (5), 256.01 (6), 256.01 (11), 256.04 (6), 256.08 (4) (c), 256.08 (4) (d), 256.08 (4) (e), 256.08 (4) (h), 256.08 (4) (j), 256.12 (2) (a), 256.12 (2) (b) 1., 256.12 (2) (b) 3., 256.12 (5) (title) and (a), 256.12 (7), 256.15 (1) (d), 256.15 (2) (a), 256.15 (2) (b), 256.15 (2) (c), 256.15 (4) (a) 1., 256.15 (4) (a) 2., 256.15 (4) (b), 256.15 (4) (c), 256.15 (4) (d), 256.15 (4) (e) 1., 256.15 (4) (e) 2., 256.15 (4) (f) 2. a., 256.15 (4) (f) 2. b., 256.15 (4) (f) 2. c., 256.15 (4) (f) 5., 256.15 (5) (title), 256.15 (5) (a), 256.15 (5) (d) 1., 256.15 (5) (d) 3., 256.15 (5) (e), 256.15 (5) (f), 256.15 (5) (g), 256.15 (6) (a) (intro.), 256.15 (6) (a) 1., 256.15 (6) (b) 1., 256.15 (6) (b) 2., 256.15 (6) (c) (intro.), 256.15 (6n), 256.15 (7), 256.15 (8) (title), 256.15 (8) (a), 256.15 (8) (b) (intro.), 256.15 (8) (b) 1., 256.15 (8) (b) 3., 256.15 (8) (c), 256.15 (8) (e), 256.15 (8) (f), 256.15 (8) (g), 256.15 (9), 256.15 (9m), 256.15 (11) (c), 256.15 (11) (d), 256.15 (11) (f), 256.15 (12) (a), 256.15 (12) (b), 256.15 (13) (c), 256.30 (3) (a), 256.40 (2) (a), 256.40 (2) (b), 256.40 (2) (c) 1., 256.40 (2) (c) 2., 257.01 (2) (a), 257.01 (2) (b), 340.01 (3) (dm) 2., 340.01 (74p) (f), 341.14 (6r) (f) 48., 341.14 (6r) (f) 48m., 341.14 (6r) (g) 2., 343.23 (2) (a) 1., 343.23 (2) (a) 3., 440.9805 (1), 891.453 (1) (b), 895.35 (2) (a) 2., 895.48 (1m) (a) (intro.), 895.48 (1m) (a) 2., 895.48 (4) (am) (intro.), 895.484 (2) (d), 940.20 (7) (a) 1e., 940.20 (7) (a) 2g., 940.20 (7) (b), 941.20 (1m) (a) 1., 941.20 (1m) (a) 2., 941.20 (1m) (b), 941.37 (1) (a), 941.37 (1) (c), 941.375 (1) (a), 941.375 (1) (b), 946.70 (1) (c), 946.70 (1) (d) and 961.443 (1) (b); to repeal and recreate 252.01 (1g); and to create 16.25 (1) (at), 256.01 (1k) and 256.15 (5) (d) 2m. of the statutes; relating to: terminology change 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:

AB59,1 Section 1. 16.25 (1) (am) of the statutes is amended to read:

AB59,3,5 16.25 (1) (am) “First Emergency medical responder" means an individual certified under s. 256.15 (8) (a).

AB59,2 Section 2. 16.25 (1) (at) of the statutes is created to read:

AB59,3,8 16.25 (1) (at) “Emergency medical services practitioner” has the meaning given in s. 256.01 (5).

AB59,3 Section 3. 16.25 (2) of the statutes is amended to read:

AB59,4,7 16.25 (2) The department shall administer a program to provide length-of-service awards, described in 26 USC 457 (e) (11), to volunteer fire fighters in municipalities that operate volunteer fire departments or that contract with volunteer fire companies organized under ch. 181 or 213, to first emergency medical responders in any municipality that authorizes first emergency medical responders to provide first emergency medical responder services, and to volunteer emergency medical technicians services practitioners in any municipality that authorizes volunteer emergency medical technicians services practitioners to provide emergency medical technical services in the municipality. To the extent permitted by federal law, the department shall administer the program so as to treat the length-of-service awards as a tax-deferred benefit under the Internal Revenue Code.

AB59,4 Section 4. 16.25 (3) (a) of the statutes is amended to read:

AB59,4,14 16.25 (3) (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 first emergency medical responders to provide first emergency medical responder services, and all municipalities that authorize volunteer emergency medical technicians services practitioners to provide emergency medical technical services are eligible to participate in the program.

AB59,5 Section 5. 16.25 (3) (b) of the statutes is amended to read:

AB59,4,19 16.25 (3) (b) Annual contributions in an amount determined by the municipality shall be paid by each municipality for each volunteer fire fighter, first emergency medical responder, and emergency medical technician services practitioner who provides services for the municipality.

AB59,6 Section 6. 16.25 (3) (c) of the statutes is amended to read:

AB59,5,2 16.25 (3) (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, first emergency medical responders, and emergency medical technicians 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.

AB59,7 Section 7. 16.25 (3) (d) 1. of the statutes is amended to read:

AB59,5,14 16.25 (3) (d) 1. Subject to subd. 2., the department shall match all annual municipal contributions paid for volunteer fire fighters, first emergency medical responders, and emergency medical technicians services practitioners up to $250 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.

AB59,8 Section 8. 16.25 (3) (d) 2. of the statutes is amended to read:

AB59,5,20 16.25 (3) (d) 2. If the moneys appropriated under s. 20.505 (4) (er) are not sufficient to fully fund the contributions required to be paid by the department under subd. 1., the department shall prorate the contributions paid for the volunteer fire fighters, first emergency medical responders, and emergency medical technicians services practitioners.

AB59,9 Section 9. 16.25 (3) (e) of the statutes is amended to read:

AB59,6,4 16.25 (3) (e) A municipality may purchase additional years of service for volunteer fire fighters, first emergency medical responders, and emergency medical technicians 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, first emergency medical responder service, or emergency medical technical service performed by the volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner for the municipality.

AB59,10 Section 10. 16.25 (3) (f) of the statutes is amended to read:

AB59,6,14 16.25 (3) (f) Except in the case of a volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner or the beneficiary of a volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner eligible for a lump sum under par. (i), a vesting period of 10 years of volunteer fire fighting, first emergency medical responder service, or emergency medical technical service for a municipality shall be required before a volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner may receive any benefits under the program.

AB59,11 Section 11. 16.25 (3) (g) of the statutes is amended to read:

AB59,7,8 16.25 (3) (g) A volunteer fire fighter, first emergency medical responder, or emergency medical technician 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, first emergency medical responder, or emergency medical technician 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, first emergency medical responder, or emergency medical technician services practitioner attains 20 years of service for a municipality and reaches the age of 60. If a volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner has satisfied all vesting requirements under the program but has less than 20 years of service for a municipality or 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, first emergency medical responder, or emergency medical technician services practitioner who has attained 20 years of service for a municipality and has reached the age of 60.

AB59,12 Section 12. 16.25 (3) (h) of the statutes is amended to read:

AB59,7,15 16.25 (3) (h) The account of a volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner who has not met all of the vesting requirements under the program shall be closed if he or she should cease providing volunteer fire fighting, first emergency medical responder, or emergency medical technical services for a municipality for a period of 6 months or more, unless he or she has been granted a leave of absence by his or her supervisor.

AB59,13 Section 13. 16.25 (3) (i) 1. of the statutes is amended to read:

AB59,7,25 16.25 (3) (i) 1. The beneficiary of a volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner who is killed in the line of duty or while actively engaged in the rendering of volunteer fire fighting, first 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, first emergency medical responder, or emergency medical technician services practitioner and all earnings on the contributions, less any expenses incurred in the investment of the contributions and earnings.

AB59,14 Section 14. 16.25 (3) (i) 2. of the statutes is amended to read:

AB59,8,7 16.25 (3) (i) 2. A volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner who becomes disabled during his or her service as a volunteer fire fighter, first emergency medical responder, or emergency medical technician 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.

AB59,15 Section 15. 16.25 (3) (j) of the statutes is amended to read:

AB59,8,15 16.25 (3) (j) The account of any volunteer fire fighter, first emergency medical responder, or emergency medical technician services practitioner who has not met all of the vesting requirements under the program, who has not provided volunteer fire fighting, first emergency medical responder, or emergency medical technical services for a municipality for a period of 6 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.

AB59,16 Section 16. 16.25 (3) (k) of the statutes is amended to read:

AB59,8,21 16.25 (3) (k) The department shall equitably allocate all moneys in accounts of volunteer fire fighters, first emergency medical responders, and emergency medical technicians services practitioners that have been closed to the accounts of volunteer fire fighters, first emergency medical responders, and emergency medical technicians services practitioners that have not been forfeited or closed.

AB59,17 Section 17. 16.25 (5) of the statutes is amended to read:

AB59,9,4 16.25 (5) The department shall establish by rule a process by which a volunteer fire fighter, first emergency medical responder, or emergency medical technician 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, first emergency medical responder, or emergency medical technician services practitioner under the program.

AB59,18 Section 18. 20.435 (1) (ch) of the statutes is amended to read:

AB59,9,10 20.435 (1) (ch) Emergency medical services; aids. The amounts in the schedule for emergency medical technician — basic emergency medical technician training and examination aid under s. 256.12 (5) and for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment or emergency medical training for personnel under s. 256.12 (4).

AB59,19 Section 19. 36.27 (3m) (a) 1g. of the statutes is amended to read:

AB59,9,13 36.27 (3m) (a) 1g. “Emergency medical services technician" means an individual under s. 256.01 (4p) or (5) or (9).

AB59,20 Section 20. 38.24 (5) (a) 1j. of the statutes is amended to read:

AB59,9,16 38.24 (5) (a) 1j. “Emergency medical services technician" means an individual under s. 256.01 (4p) or (5) or (9).