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2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 266
October 8, 2019 - Offered by Senator Wanggaard.
SB266-SSA2,1,9 1An Act to renumber and amend 66.0137 (1) (ae); to amend 59.23 (2) (s),
266.0137 (3), 66.0137 (4m) (a), 66.0137 (5) (c) 1., 66.0137 (5) (c) 2., 79.035 (5) and
379.05 (2) (c); to repeal and recreate 66.0137 (5) (c) 3. and 79.035 (5); and to
4create
66.0137 (1) (ac), 66.0137 (1) (af), 66.0137 (1) (ah), 66.0137 (1) (am),
566.0137 (1) (ap), 66.0137 (1) (c), 66.0137 (5) (c) 1m., 66.0137 (5) (c) 4., 66.0137
6(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.
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 report the amount to the Department of
Revenue. DOR will increase the political subdivision's county and municipal aid
payment by the amount of the health insurance premium reported to DOR. DOR will
adjust the amount of county and municipal aid payments to all political subdivisions
to reflect the increased payments to those that report the premiums.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB266-SSA2,1 1Section 1 . 59.23 (2) (s) of the statutes is amended to read:
SB266-SSA2,2,112 59.23 (2) (s) List of local officials. Annually, on the first Tuesday of June,
3transmit to the secretary of state a list showing the name, phone number, electronic
4mail address, and post-office address of local officials, including the chairperson,
5mayor, president, clerk, treasurer, council and board members, and assessor of each
6municipality, and of the elective or appointive officials of any other local
7governmental unit, as defined in s. 66.0135 (1) (c), that is located wholly or partly
8within the county. Such lists shall be placed on file for the information of the public.
9The clerk, secretary, or other administrative officer of a local governmental unit, as
10defined in s. 66.0137 (1) (ae) (as), shall provide the county clerk the information he
11or she needs to complete the requirements of this paragraph.
SB266-SSA2,2 12Section 2 . 66.0137 (1) (ac) of the statutes is created to read:
SB266-SSA2,2,1413 66.0137 (1) (ac) “Board of Regents” means the Board of Regents of the
14University of Wisconsin System.
SB266-SSA2,3
1Section 3. 66.0137 (1) (ae) of the statutes is renumbered 66.0137 (1) (as) and
2amended to read:
SB266-SSA2,3,63 66.0137 (1) (as) “Local governmental unit" means a municipality, county
4political subdivision, school district (as enumerated in s. 67.01 (5)), sewerage district,
5drainage district, and, without limitation because of enumeration, any other political
6subdivision of the state.
SB266-SSA2,4 7Section 4 . 66.0137 (1) (af) of the statutes is created to read:
SB266-SSA2,3,138 66.0137 (1) (af) “Dies in the line of duty" means a death that occurs, or occurred,
9as a direct and proximate result of a personal injury sustained by, or a single
10exposure to a hazardous material or condition experienced by, a law enforcement
11officer, fire fighter, or emergency medical services practitioner while he or she was
12engaged in a line of duty activity or that arose out of and as a result of such an
13individual's performance of a line of duty activity.
SB266-SSA2,5 14Section 5 . 66.0137 (1) (ah) of the statutes is created to read:
SB266-SSA2,3,1815 66.0137 (1) (ah) “Emergency medical services practitioner” has the meaning
16given in s. 256.01 (5), except that in this section it applies only to an individual who
17is employed directly by a political subdivision or by a joint emergency medical
18services department operated jointly by 2 or more political subdivisions.
SB266-SSA2,6 19Section 6 . 66.0137 (1) (am) of the statutes is created to read:
SB266-SSA2,3,2020 66.0137 (1) (am) “Law enforcement officer" means all of the following:
SB266-SSA2,3,2421 1. Any person employed by a political subdivision for the purpose of detecting
22and preventing crime and enforcing laws or ordinances and who is authorized to
23make arrests for violations of the laws or ordinances that the person is employed to
24enforce.
SB266-SSA2,4,2
12. Any jailer who, under the direction of a sheriff under s. 59.27 (1), keeps
2persons in a county jail.
SB266-SSA2,4,33 3. A Marquette University police officer, as defined in s. 175.42 (1) (b).
SB266-SSA2,4,44 4. A state patrol officer, as that term is defined in s. 252.01 (7).
SB266-SSA2,4,55 5. A state capitol police officer.
SB266-SSA2,4,66 6. A University of Wisconsin System police officer.
SB266-SSA2,4,77 7. An officer of the division of criminal investigation.
SB266-SSA2,4,88 8. A department of natural resources conservation warden.
SB266-SSA2,4,99 9. A county sheriff, undersheriff, or deputy sheriff.
SB266-SSA2,4,1010 10. A chief of police.
SB266-SSA2,4,1211 11. A special agent employed by the department of revenue who is authorized
12to act under s. 73.031.
SB266-SSA2,4,1313 12. A state fair park police officer duly appointed under s. 42.01 (2).
SB266-SSA2,7 14Section 7 . 66.0137 (1) (ap) of the statutes is created to read:
SB266-SSA2,4,2115 66.0137 (1) (ap) “Line of duty activity" means any employment-related action
16taken by a law enforcement officer, fire fighter, or emergency medical services
17practitioner that is required or authorized by law, rule, regulation, or condition of
18employment and for which compensation is provided by his or her employing agency
19or would have been eligible to have been provided by the employing agency if the law
20enforcement officer, fire fighter, or emergency medical services practitioner had been
21on duty when he or she took the action in question.
SB266-SSA2,8 22Section 8 . 66.0137 (1) (c) of the statutes is created to read:
SB266-SSA2,4,2323 66.0137 (1) (c) “Political subdivision" means any municipality or county.
SB266-SSA2,9 24Section 9 . 66.0137 (3) of the statutes is amended to read:
SB266-SSA2,5,4
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-SSA2,10 5Section 10 . 66.0137 (4m) (a) of the statutes is amended to read:
SB266-SSA2,5,76 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-SSA2,11 8Section 11 . 66.0137 (5) (c) 1. of the statutes is amended to read:
SB266-SSA2,5,139 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-SSA2,12 14Section 12 . 66.0137 (5) (c) 1m. of the statutes is created to read:
SB266-SSA2,5,2115 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-SSA2,13 22Section 13 . 66.0137 (5) (c) 2. of the statutes is amended to read:
SB266-SSA2,6,223 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-SSA2,14 3Section 14 . 66.0137 (5) (c) 3. of the statutes is repealed and recreated to read:
SB266-SSA2,6,54 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-SSA2,15 6Section 15 . 66.0137 (5) (c) 4. of the statutes is created to read:
SB266-SSA2,6,117 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-SSA2,16 12Section 16 . 66.0137 (5) (d) of the statutes is created to read:
SB266-SSA2,6,1613 66.0137 (5) (d) If a political subdivision pays the premiums described in par.
14(c) 1. or 1m., annually, in order to receive reimbursement, the political subdivision
15shall report to the department of revenue by March 15 of each year the amounts paid
16in the previous calendar year.
SB266-SSA2,17 17Section 17 . 79.035 (5) of the statutes is amended to read:
SB266-SSA2,6,2118 79.035 (5) Except as provided in sub. subs. (6), (7), and (8), for the distribution
19in 2013 and subsequent years, each county and municipality shall receive a payment
20under this section that is equal to the amount of the payment determined for the
21county or municipality under this section for 2012.
SB266-SSA2,18 22Section 18 . 79.035 (5) of the statutes, as affected by 2015 Wisconsin Act 60 and
232019 Wisconsin Act .... (this act), is repealed and recreated to read:
SB266-SSA2,7,224 79.035 (5) Except as provided in subs. (7) and (8), for the distribution in 2013
25and subsequent years, each county and municipality shall receive a payment under

1this section that is equal to the amount of the payment determined for the county or
2municipality under this section in 2012.
SB266-SSA2,19 3Section 19 . 79.035 (8) of the statutes is created to read:
SB266-SSA2,7,114 79.035 (8) Beginning with the distributions in 2021, the department of revenue
5shall increase the payment to each county and municipality under this section by the
6amount the county or municipality reported under s. 66.0137 (5) (d) for the year prior
7to the previous calendar year. The department shall decrease the total amount to be
8distributed to all counties and municipalities by the total of all amounts reported
9under s. 66.0137 (5) (d) for the year prior to the previous calendar year and reduce
10each payment to a county or municipality under this section in proportion to the
11entity's share of the total distribution.
SB266-SSA2,20 12Section 20. 79.05 (2) (c) of the statutes is amended to read:
SB266-SSA2,8,513 79.05 (2) (c) Its municipal budget; exclusive of principal and interest on
14long-term debt and exclusive of revenue sharing payments under s. 66.0305,
15payments of premiums under s. 66.0137 (5) (c) 1. and 1m., recycling fee payments
16under s. 289.645, expenditures of grant payments under s. 16.297 (1m),
17unreimbursed expenses related to an emergency declared under s. 323.10,
18expenditures from moneys received pursuant to P.L. 111-5, and expenditures made
19pursuant to a purchasing agreement with a school district whereby the municipality
20makes purchases on behalf of the school district; for the year of the statement under
21s. 79.015 increased over its municipal budget as adjusted under sub. (6); exclusive
22of principal and interest on long-term debt and exclusive of revenue sharing
23payments under s. 66.0305, payments of premiums under s. 66.0137 (5) (c) 1. and
241m.,
recycling fee payments under s. 289.645, expenditures of grant payments under
25s. 16.297 (1m), unreimbursed expenses related to an emergency declared under s.

1323.10, expenditures from moneys received pursuant to P.L. 111-5, and expenditures
2made pursuant to a purchasing agreement with a school district whereby the
3municipality makes purchases on behalf of the school district; for the year before that
4year by less than the sum of the inflation factor and the valuation factor, rounded to
5the nearest 0.10 percent.
SB266-SSA2,21 6Section 21 . Initial applicability.
SB266-SSA2,8,87 (1) This act first applies retroactively to a law enforcement officer or emergency
8medical services practitioner who dies in the line of duty on January 1, 2019.
SB266-SSA2,22 9Section 22 . Effective dates. This act takes effect on the day after publication,
10except as follows:
SB266-SSA2,8,1111 (1) The repeal and recreation of s. 79.035 (5) takes effect on June 30, 2036.
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