LRBs0092/1
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2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 266
September 11, 2019 - Offered by Senator Wanggaard.
SB266-SSA1,1,9 1An Act to renumber and amend 66.0137 (1) (ae); to amend 20.835 (1) (db),
259.23 (2) (s), 66.0137 (3), 66.0137 (4m) (a), 66.0137 (5) (c) 1., 66.0137 (5) (c) 2.,
379.01 (2d) and 79.035 (5); to repeal and recreate 66.0137 (5) (c) 3. and 79.035
4(5); and to create 66.0137 (1) (ac), 66.0137 (1) (af), 66.0137 (1) (ah), 66.0137 (1)
5(am), 66.0137 (1) (ap), 66.0137 (1) (c), 66.0137 (5) (c) 1m., 66.0137 (5) (c) 4.,
666.0137 (5) (d) and 79.035 (8) of the statutes; relating to: requiring political
7subdivisions, the state, and Marquette University to pay health insurance
8premiums, including on a limited retroactive basis, for survivors of a law
9enforcement officer who dies in the line of duty and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires a political subdivision (a city, village, town, or county), the
state, the Board of Regents of the University of Wisconsin System (board), and
Marquette University to pay health insurance premiums for the surviving spouse
and dependent children of a law enforcement officer or emergency medical services
practitioner who dies in the line of duty if the political subdivision, state, board, or

university paid such premiums for the law enforcement officer or emergency medical
services practitioner while he or she was employed by the political subdivision, state,
board, or university. The requirement does not apply to a surviving spouse who
remarries or reaches the age of 65, or to a surviving child after he or she reaches the
age of 26. Current law provides similar benefits to the surviving spouse and
dependent children of a fire fighter who dies, or has died, in the line of duty if the
municipality (city, village, or town) paid such premiums for the fire fighter while he
or she was employed by the municipality.
Also, under the bill, if a political subdivision pays such health insurance
premiums, the political subdivision must file a request for reimbursement for its
costs with the Department of Revenue, which is required to provide reimbursement.
The reimbursement payments are funded from county and municipal aid shared
revenue by a reduction in each county's and municipality's shared revenue in
proportion to each entity's share of the total distribution of shared revenue
payments.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB266-SSA1,1 1Section 1. 20.835 (1) (db) of the statutes is amended to read:
SB266-SSA1,2,42 20.835 (1) (db) County and municipal aid account. A sum sufficient to make
3payments to counties, towns, villages, and cities under s. ss. 66.0137 (5) (d) and
479.035, less the amount paid from the appropriation under par. (r).
SB266-SSA1,2 5Section 2 . 59.23 (2) (s) of the statutes is amended to read:
SB266-SSA1,3,26 59.23 (2) (s) List of local officials. Annually, on the first Tuesday of June,
7transmit to the secretary of state a list showing the name, phone number, electronic
8mail address, and post-office address of local officials, including the chairperson,
9mayor, president, clerk, treasurer, council and board members, and assessor of each
10municipality, and of the elective or appointive officials of any other local
11governmental unit, as defined in s. 66.0135 (1) (c), that is located wholly or partly
12within the county. Such lists shall be placed on file for the information of the public.
13The clerk, secretary, or other administrative officer of a local governmental unit, as

1defined in s. 66.0137 (1) (ae) (as), shall provide the county clerk the information he
2or she needs to complete the requirements of this paragraph.
SB266-SSA1,3 3Section 3 . 66.0137 (1) (ac) of the statutes is created to read:
SB266-SSA1,3,54 66.0137 (1) (ac) “Board of Regents” means the Board of Regents of the
5University of Wisconsin System.
SB266-SSA1,4 6Section 4 . 66.0137 (1) (ae) of the statutes is renumbered 66.0137 (1) (as) and
7amended to read:
SB266-SSA1,3,118 66.0137 (1) (as) “Local governmental unit" means a municipality, county
9political subdivision, school district (as enumerated in s. 67.01 (5)), sewerage district,
10drainage district, and, without limitation because of enumeration, any other political
11subdivision of the state.
SB266-SSA1,5 12Section 5 . 66.0137 (1) (af) of the statutes is created to read:
SB266-SSA1,3,1813 66.0137 (1) (af) “Dies in the line of duty" means a death that occurs, or occurred,
14as a direct and proximate result of a personal injury sustained by, or a single
15exposure to a hazardous material or condition experienced by, a law enforcement
16officer, fire fighter, or emergency medical services practitioner while he or she was
17engaged in a line of duty activity or that arose out of and as a result of such an
18individual's performance of a line of duty activity.
SB266-SSA1,6 19Section 6 . 66.0137 (1) (ah) of the statutes is created to read:
SB266-SSA1,3,2320 66.0137 (1) (ah) “Emergency medical services practitioner” has the meaning
21given in s. 256.01 (5), except that in this section it applies only to an individual who
22is employed directly by a political subdivision or by a joint emergency medical
23services department operated jointly by 2 or more political subdivisions.
SB266-SSA1,7 24Section 7 . 66.0137 (1) (am) of the statutes is created to read:
SB266-SSA1,3,2525 66.0137 (1) (am) “Law enforcement officer" means all of the following:
SB266-SSA1,4,4
11. Any person employed by a political subdivision for the purpose of detecting
2and preventing crime and enforcing laws or ordinances and who is authorized to
3make arrests for violations of the laws or ordinances that the person is employed to
4enforce.
SB266-SSA1,4,65 2. Any jailer who, under the direction of a sheriff under s. 59.27 (1), keeps
6persons in a county jail.
SB266-SSA1,4,77 3. A Marquette University police officer, as defined in s. 175.42 (1) (b).
SB266-SSA1,4,88 4. A state patrol officer, as that term is defined in s. 252.01 (7).
SB266-SSA1,4,99 5. A state capitol police officer.
SB266-SSA1,4,1010 6. A University of Wisconsin System police officer.
SB266-SSA1,4,1111 7. An officer of the division of criminal investigation.
SB266-SSA1,4,1212 8. A department of natural resources conservation warden.
SB266-SSA1,4,1313 9. A county sheriff, undersheriff, or deputy sheriff.
SB266-SSA1,4,1414 10. A chief of police.
SB266-SSA1,8 15Section 8 . 66.0137 (1) (ap) of the statutes is created to read:
SB266-SSA1,4,2216 66.0137 (1) (ap) “Line of duty activity" means any employment-related action
17taken by a law enforcement officer, fire fighter, or emergency medical services
18practitioner that is required or authorized by law, rule, regulation, or condition of
19employment and for which compensation is provided by his or her employing agency
20or would have been eligible to have been provided by the employing agency if the law
21enforcement officer, fire fighter, or emergency medical services practitioner had been
22on duty when he or she took the action in question.
SB266-SSA1,9 23Section 9 . 66.0137 (1) (c) of the statutes is created to read:
SB266-SSA1,4,2424 66.0137 (1) (c) “Political subdivision" means any municipality or county.
SB266-SSA1,10 25Section 10 . 66.0137 (3) of the statutes is amended to read:
SB266-SSA1,5,4
166.0137 (3) Health insurance for unemployed persons. Any municipality or
2county
political subdivision may purchase health or dental insurance for
3unemployed persons residing in the municipality or county political subdivision who
4are not eligible for medical assistance under s. 49.46, 49.468, 49.47, or 49.471 (4) (a).
SB266-SSA1,11 5Section 11. 66.0137 (4m) (a) of the statutes is amended to read:
SB266-SSA1,5,76 66.0137 (4m) (a) Notwithstanding sub. (1) (ae) (as), in this subsection, “local
7governmental unit" means a city, village, town, county, or school district.
SB266-SSA1,12 8Section 12 . 66.0137 (5) (c) 1. of the statutes is amended to read:
SB266-SSA1,5,139 66.0137 (5) (c) 1. Except as provided in subds. 2. and 3., if a municipality
10provides for the payment of premiums for hospital, surgical, and other health
11insurance for its fire fighters, it shall continue to pay such premiums for the
12surviving spouse and dependent children of a the fire fighter who dies in the line
13of duty.
SB266-SSA1,13 14Section 13 . 66.0137 (5) (c) 1m. of the statutes is created to read:
SB266-SSA1,5,2115 66.0137 (5) (c) 1m. Except as provided in subds. 2. and 3., if a political
16subdivision, the state, the Board of Regents, or Marquette University provides for
17the payment of premiums for hospital, surgical, and other health insurance for its
18law enforcement officers or emergency medical services practitioners, it shall
19continue to pay such premiums for the surviving spouse and dependent children of
20the law enforcement officer or emergency medical services practitioner who dies
21while in the line of duty.
SB266-SSA1,14 22Section 14 . 66.0137 (5) (c) 2. of the statutes is amended to read:
SB266-SSA1,6,223 66.0137 (5) (c) 2. A municipality political subdivision, the state, the Board of
24Regents, or Marquette University
may not be required to pay the premiums

1described in subd. 1. or 1m. for a surviving spouse upon the remarriage of the
2surviving spouse or upon the surviving spouse reaching the age of 65.
SB266-SSA1,15 3Section 15 . 66.0137 (5) (c) 3. of the statutes is repealed and recreated to read:
SB266-SSA1,6,54 66.0137 (5) (c) 3. An individual is not a dependent child for the purposes of
5subd. 1. or 1m. after the individual reaches the age of 26.
SB266-SSA1,16 6Section 16 . 66.0137 (5) (c) 4. of the statutes is created to read:
SB266-SSA1,6,117 66.0137 (5) (c) 4. Except as needed to administer this paragraph, a political
8subdivision, the state, the Board of Regents, and Marquette University shall keep
9confidential any personally identifiable information, as defined in s. 19.62 (5), of a
10surviving spouse and dependent children for whom the political subdivision, the
11state, the Board of Regents, or university makes a payment under this paragraph.
SB266-SSA1,17 12Section 17 . 66.0137 (5) (d) of the statutes is created to read:
SB266-SSA1,6,1713 66.0137 (5) (d) If a political subdivision pays the premiums described in par.
14(c) 1. or 1m., annually, the political subdivision shall file with the department of
15revenue a request for reimbursement, along with any documentation requested by
16the department, for such amounts paid in the previous year. The department shall
17reimburse the political subdivision from the appropriation under s. 20.835 (1) (db).
SB266-SSA1,18 18Section 18 . 79.01 (2d) of the statutes is amended to read:
SB266-SSA1,7,219 79.01 (2d) There is established an account in the general fund entitled the
20“County and Municipal Aid Account." The total amount to be distributed in 2011 to
21counties and municipalities from the county and municipal aid account is
22$824,825,715 and, the total amount to be distributed to counties and municipalities
23beginning in 2012, and in each year thereafter, and ending in 2019 from the county
24and municipal aid account is $748,075,715, and the total amount to be distributed

1to counties and municipalities in 2020, and in each year thereafter, is $748,075,715,
2less the amounts paid under s. 66.0137 (5) (d)
.
SB266-SSA1,19 3Section 19 . 79.035 (5) of the statutes is amended to read:
SB266-SSA1,7,74 79.035 (5) Except as provided in sub. subs. (6) and (8), for the distribution in
52013 and subsequent years, each county and municipality shall receive a payment
6under this section that is equal to the amount of the payment determined for the
7county or municipality under this section for 2012.
SB266-SSA1,20 8Section 20 . 79.035 (5) of the statutes, as affected by 2015 Wisconsin Act 60 and
92019 Wisconsin Act .... (this act), is repealed and recreated to read:
SB266-SSA1,7,1310 79.035 (5) Except as provided in sub. (8), for the distribution in 2013 and
11subsequent years, each county and municipality shall receive a payment under this
12section that is equal to the amount of the payment determined for the county or
13municipality under this section in 2012.
SB266-SSA1,21 14Section 21 . 79.035 (8) of the statutes is created to read:
SB266-SSA1,7,1715 79.035 (8) Beginning with the distributions in 2020, the amount that each
16county and municipality receives from the county and municipal aid account is
17calculated as follows:
SB266-SSA1,7,2018 (a) Determine a percentage by dividing the amount that each county or
19municipality received under this section in the previous year by the total amount of
20the distribution for that year, as determined under s. 79.01 (2d).
SB266-SSA1,7,2221 (b) Multiply the total amount of the distribution for the current year, as
22determined under s. 79.01 (2d), by the percentage determined under par. (a).
SB266-SSA1,22 23Section 22 . Initial applicability.
SB266-SSA1,8,3
1(1) This act first applies, retroactively, to a law enforcement officer or
2emergency medical services practitioner who dies in the line of duty on January 1,
32019.
SB266-SSA1,23 4Section 23 . Effective dates. This act takes effect on the day after publication,
5except as follows:
SB266-SSA1,8,66 (1) The repeal and recreation of s. 79.035 (5) takes effect on June 30, 2036.
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