Rule-Making Notices
Notice of Hearing
Administration
NOTICE IS HEREBY GIVEN that pursuant to ss. 16.004 (1), 16.705 (1) and (2), Stats., the Department of Administration will hold a public hearing on the Department's rulemaking order amending Chapter VFF-EMT 1, Wis. Adm. Code, relating to the volunteer fire fighter and emergency medical technician service award program.
Hearing Information
Date and Time
Location
May 19, 2008
Monday
1:00 p.m.
Wis. Administration Bldg.
101 E. Wilson Street
Conference Room 4B (4th Floor)
Madison, Wisconsin
Submission of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, should be directed to: Terri Lenz, Wisconsin Department of Administration, Division of Enterprise Operations, P.O. Box 7867, Madison, WI 53707-7867, or by calling (608) 261-2298, fax at (608) 267-0600 or by email at terri.lenz@wisconsin.gov. Comments may also be submitted via the Wis. Administrative Rules Website at http://adminrules.wisconsin.gov Written comments must be received by May 28, 2008, to be included in the record of rule-making proceedings.
Agency Contact Person
Terri Lenz
Division of Enterprise Operations
P.O. Box 7867
Madison, WI 53707-7867
Phone: (608) 261-2298
Fax: (608) 267-0600
Copies of Proposed Rule
A copy of the rule and the full fiscal estimate may be obtained upon request from Terri Lenz, Wisconsin Department of Administration, Division of Enterprise Operations, P.O. Box 7867, Madison, WI 53707-7867, or by calling (608) 261-2298, fax at (608) 267-0600 or by email at terri.lenz@wisconsin.gov.
Analysis Prepared by the Dept. of Administration
The Department intends to promulgate a rule as required by Act 142 making changes to the Service Award Program for volunteer fire fighters, first responders and emergency medical technicians. The Service Award Board (SAB) was created by 1999 Wisconsin Act 105 consists of an eight-member board appointed by the Governor. The program intent is to assist in the recruitment and training of volunteer fire fighters and emergency medical technicians. The state will annually match the municipal contributions up to $2 million. Currently there are 203 volunteer departments participating in the program covering 5,773 fire fighters and emergency medical technicians.
Act 142 amends the length of service award program by extending the benefits of the program to first responders and providing that a county may participate in the program as well as a city, village or two. The act also removes the requirement that a volunteer must have served for at least five years before a local government body may purchase additional years of service.
Statutes interpreted
Sections 16.004 (1), 16.25 (2), (3), (4) and (5), Stats.
Statutory authority
Sections 16.004 (1), 16.25 (2), (3), (4) and (5), Stats.
Explanation of agency authority
Wisconsin Act 142 to amend ss. 16.25 (title), (1) (a), (c), (d), (2), (3) (a) to (k), and (5); and to create 16.25 (1) (am) of the statutes; relating to the Volunteer Fire Fighter and Emergency Medical Technician Service Award Program.
Related statute or rule
Administrative rule Chapter VFF-EMT 1.
Plain language analysis
The program was created by 1999 Wisconsin Act 105 and is governed by an eight-member board appointed by the Governor. The program intent is to assist in the recruitment and training of volunteer fire fighters, first responders and emergency medical technicians. The state will annually match the municipal contributions up to $2 million. Currently there are 203 volunteer departments participating in the program covering 5,773 fire fighters and emergency medical technicians.
Act 142 made changes to various statutes governing the program. They consist of:
  Renaming the Volunteer Fire Fighter and Emergency Medical Technician Service Award Program to the Service Award Program;
  Renaming the Volunteer Fire Fighter and Emergency Medical Technician Service Award Board to the Service Award Board;
  Extending the benefits of the program so first responders are eligible participants;
  Adding that a county may participate under the definition of a municipality;
  Eliminating the requirement that a volunteer have at least 5 years of experience before prior year service can be purchased;
  A volunteer who has not met all of the vesting requirements shall have their account closed, not forfeited;
  Include the provision that the beneficiary of a volunteer who is killed while actively engaged in the rendering of volunteer fire fighting, first responder, or emergency medical technical service be paid the service lump sum; and
  Adds the provision that the volunteer must meet any other program requirements established by the municipality.
Comparison with federal regulations
This proposed rule is specific to the State of Wisconsin Service Award Program law and is completely separate from, and unaffected by, federal regulations.
Comparison with rules in adjacent states.
Michigan: The department is unaware of and was unable to locate any rules in this state pertaining to this subject.
Minnesota: Minnesota does have a program however it is decentralized. Each department participates independently and the programs differ.
Illinois: The department is unaware of and was unable to locate any rules in this state pertaining to this subject.
Iowa: The department is unaware of and was unable to locate any rules in this state pertaining to this subject.
Summary of factual data and analytical methodologies
2005 Wisconsin Act 142 requires the department to amend this rule.
Initial Regulatory Flexibility Analysis
The proposed rule makes changes to the program as prescribes in Wis. Act 142 and allows local units of governments, counties and first responders to be eligible to participate under the changes enacted by Act 142 to allow additional volunteers to become eligible to participate in the program.
There is no effect on small business.
Fiscal Estimate
State fiscal effect
Increase existing appropriations. The increase in costs cannot be absorbed within the agency's budget.
Local fiscal effect
Indeterminate
Types of local government units affected
Towns, villages, cities, counties
Fund sources affected
GPR
Long-range fiscal implications
None
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.