LRB-2367/1
RAC:cmh&kmg:km
1999 - 2000 LEGISLATURE
March 8, 1999 - Introduced by Representatives Powers, Musser, Klusman,
Gunderson, Gronemus, Kreibich, Duff, Huebsch, Handrick, Sykora, Porter,
Schneider, Freese, Sherman, Miller, Hasenohrl, Ainsworth, Brandemuehl,
Suder, Spillner, Owens, Ryba, Lassa, Johnsrud, Seratti, Boyle, Kestell,
Hoven, Hebl, Nass, Albers, Petrowski, Ott, Olsen, Reynolds, Hutchison,
Skindrud, Hahn, Rhoades, Hundertmark
and Pettis, cosponsored by
Senators Zien, Shibilski, Welch, Breske, Fitzgerald, Schultz, Drzewiecki,
Rude, Moen, Darling, A. Lasee, Wirch, Roessler, Panzer, Baumgart, Lazich

and Farrow. Referred to Committee on Urban and Local Affairs.
AB187,1,6 1An Act to amend 40.03 (1) (d) (intro.), 40.03 (2) (i), 40.03 (5) (c) and 40.04 (5) (e);
2and to create 13.94 (1) (p), 15.165 (5), 20.515 (2), 25.85, 40.03 (2) (im) and 40.03
3(10) of the statutes; relating to: establishing a service award program for
4volunteer fire fighters and emergency medical technicians, creating a volunteer
5fire fighter and emergency medical technician service award board, requiring
6the exercise of rule-making authority and making appropriations.
Analysis by the Legislative Reference Bureau
This bill creates a volunteer fire fighter and emergency medical technician
service award board (board), attached to the department of employe trust funds
(DETF). The board consists of the secretary of employe trust funds or his or her
designee, three members who are volunteer fire fighters and three members who
represent municipalities that operate volunteer fire departments.
Under the bill, the board must establish by rule a volunteer fire fighter and
emergency medical technician service award program for volunteer fire fighters and
emergency medical technicians in municipalities that operate volunteer fire
departments or that contract with volunteer fire companies and in any municipality
that authorizes volunteer emergency medical technicians to provide emergency
medical technical services in the municipality. To the extent permitted by federal
law, the award must be treated as a tax-deferred benefit under the federal income
tax code. The board must promulgate rules to include the following design features
for the program:

1. All municipalities that operate volunteer fire departments or that contract
with volunteer fire companies and any municipality that authorizes volunteer
emergency medical technicians to provide emergency medical technical services in
the municipality may voluntarily participate in the program.
2. Annual contributions must be paid by municipalities for each volunteer fire
fighter and emergency medical technician in an amount determined by the
municipalities.
3. The state must match all annual municipal contributions paid for volunteer
fire fighters and emergency medical technicians up to $250 per year. This amount
is to be adjusted annually to reflect changes in the cost of living.
4. A municipality may purchase additional years of service for volunteer fire
fighters and emergency medical technicians who have at least five years of service.
5. A vesting period of ten years of volunteer fire fighting or emergency medical
technical service for a municipality is required before a volunteer fire fighter or
emergency medical technician qualifies to receive any benefits under the program.
6. A requirement that a volunteer fire fighter or emergency medical technician
must be paid a lump sum, consisting of all municipal and state contributions made
on behalf of the fire fighter or emergency medical technician and all earnings on the
contributions, less any amounts used to fund the general program operations of the
program, after the fire fighter or emergency medical technician attains 20 years of
service for a municipality and reaches the age of 60. If a volunteer fire fighter or
emergency medical technician has satisfied all vesting requirements but has less
than 20 years of service with a municipality or has not reached the age of 60, the
program must provide for a reduced lump sum payment.
7. A requirement that a volunteer fire fighter or emergency medical technician
must forfeit his or her rights to all contributions under the program if he or she
should cease providing volunteer fire fighting or emergency medical technical
services for six months or more for a municipality and he or she has not provided
volunteer fire fighting or emergency medical technical service for a municipality for
at least ten years, unless the board finds good cause for the period of separation.
Under the bill, the board must contract with an individual or organization in
the private sector for all administrative and investment services required for the
volunteer fire fighter and emergency medical technician service award program.
Finally, under the bill, the volunteer fire fighter and emergency medical
technician service award board must submit the proposed rules to the legislative
council staff no later than February 1, 2001. In addition, the legislative audit bureau
must prepare a performance evaluation audit of the volunteer fire fighter and
emergency medical technician service award program no later than February 1,
2006.
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:
AB187, s. 1
1Section 1. 13.94 (1) (p) of the statutes is created to read:
AB187,3,52 13.94 (1) (p) No later than February 1, 2006, prepare a performance evaluation
3audit of the volunteer fire fighter and emergency medical technician service award
4program established under s. 40.03 (10). The legislative audit bureau shall file a copy
5of the audit report under this paragraph with the distributees specified in par. (b).
AB187, s. 2 6Section 2. 15.165 (5) of the statutes is created to read:
AB187,3,117 15.165 (5) Volunteer fire fighter and emergency medical technician service
8award board.
(a) There is created in the department of employe trust funds a
9volunteer fire fighter and emergency medical technician service award board
10consisting of the secretary of employe trust funds or his or her designee and the
11following members appointed for 3-year terms:
AB187,3,1212 1. Three members who are volunteer fire fighters.
AB187,3,1513 2. Three members who represent municipalities that operate volunteer fire
14departments or that contract with volunteer fire companies organized under ch. 181
15or 213.
AB187,3,1816 (b) 1. In appointing the members under par. (a) 1., the governor shall appoint
17one member who is a member of the Wisconsin State Fire Chiefs Association and at
18least one member who is a member of the Wisconsin State Fire Fighters Association.
AB187,3,2119 2. In appointing the members under par. (a) 1. and 2., the governor shall seek
20to appoint members from different regions of the state and municipalities of different
21sizes.
AB187, s. 3 22Section 3. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
23the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF
AB187, s. 4 1Section 4. 20.515 (2) of the statutes is created to read:
AB187,4,62 20.515 (2) Volunteer fire fighter and emergency medical technician service
3award program.
(a) Volunteer fire fighter and emergency medical technician service
4award board; start-up costs.
The amounts in the schedule for the start-up costs for
5the operations of the volunteer fire fighter and emergency medical technician service
6award board.
AB187,4,107 (b) Volunteer fire fighter and emergency medical technician service award
8program; state matching awards
. A sum sufficient to make the transfers to the
9volunteer fire fighter and emergency medical technician service award fund that are
10required under s. 40.03 (10) (f).
AB187,5,211 (q) Volunteer fire fighter and emergency medical technician service award
12program; general program operations
. From the volunteer fire fighter and
13emergency medical technician service award fund, the amounts in the schedule for

1the general program operations of the volunteer fire fighter and emergency medical
2technician service award program.
AB187,5,63 (r) Volunteer fire fighter and emergency medical technician service award
4program; service awards
. From the volunteer fire fighter and emergency medical
5technician service award fund, a sum sufficient for the payment of volunteer fire
6fighter and emergency medical technician service awards under s. 40.03 (10).
AB187, s. 5 7Section 5. 25.85 of the statutes is created to read:
AB187,5,14 825.85 Volunteer fire fighter and emergency medical technician service
9award fund.
There is established a separate nonlapsible trust fund designated as
10the volunteer fire fighter and emergency medical technician service award fund,
11consisting of moneys paid by municipalities on behalf of volunteer fire fighters and
12emergency medical technicians covered by the volunteer fire fighter emergency
13medical technician service award program established under s. 40.03 (10) and
14moneys required to be transferred by the state to the fund under s. 40.03 (10) (f).
AB187, s. 6 15Section 6. 40.03 (1) (d) (intro.) of the statutes is amended to read:
AB187,5,2116 40.03 (1) (d) (intro.) Shall select and retain an actuary or an actuarial firm,
17under one or more contractual agreements which shall run to the department for the
18purpose of performing all actuarial services which are necessary for the operation
19and control of each of the insurance and benefit programs under this chapter, other
20than the volunteer fire fighter and emergency medical technician service award
21program established under sub. (10)
. Under this paragraph, the board shall:
AB187, s. 7 22Section 7. 40.03 (2) (i) of the statutes is amended to read:
AB187,6,523 40.03 (2) (i) Shall promulgate, with the approval of the board, all rules, except
24rules promulgated under par. (ig), (im) or (ir), that are required for the efficient
25administration of the fund or of any of the benefit plans established by this chapter.

1In addition to being approved by the board, rules promulgated under this paragraph
2relating to teachers must be approved by the teachers retirement board and rules
3promulgated under this paragraph relating to participants other than teachers must
4be approved by the Wisconsin retirement board, except rules promulgated under s.
540.30.
AB187, s. 8 6Section 8. 40.03 (2) (im) of the statutes is created to read:
AB187,6,107 40.03 (2) (im) Shall promulgate, with the approval of the volunteer fire fighter
8and emergency medical technician service award board, all rules required for the
9establishment and administration of the volunteer fire fighter and emergency
10medical technician service award program under sub. (10).
AB187, s. 9 11Section 9. 40.03 (5) (c) of the statutes is amended to read:
AB187,6,1612 40.03 (5) (c) Shall determine the proper rates of premiums and contributions
13required, or advise as to the appropriateness of premium rates proposed by
14independent insurers, for each of the benefit plans provided for by this chapter, other
15than the volunteer fire fighter and emergency medical technician service award
16program established under sub. (10)
.
AB187, s. 10 17Section 10. 40.03 (10) of the statutes is created to read:
AB187,7,418 40.03 (10) Volunteer fire fighter and emergency medical technician service
19award board.
(a) The volunteer fire fighter and emergency medical technician
20service award board shall establish by rule a program to provide length-of-service
21awards, described in 26 USC 457 (e) (11), to volunteer fire fighters in municipalities
22that operate volunteer fire departments or that contract with volunteer fire
23companies organized under ch. 181 or 213 and to volunteer emergency medical
24technicians in any municipality that authorizes volunteer emergency medical
25technicians to provide emergency medical technical services in the municipality. To

1the extent permitted by federal law, the volunteer fire fighter and emergency medical
2technician service award board shall design the program so as to treat the
3length-of-service awards as a tax-deferred benefit under the Internal Revenue
4Code.
AB187,7,75 (b) The volunteer fire fighter and emergency medical technician service award
6board shall promulgate rules to include the following design features for the
7program:
AB187,7,128 1. All municipalities that operate volunteer fire departments or that contract
9with volunteer fire companies organized under ch. 181 or 213 and any municipality
10that authorizes volunteer emergency medical technicians to provide emergency
11medical technical services in the municipality may voluntarily participate in the
12program.
AB187,7,1513 2. Annual contributions shall be paid by municipalities for each volunteer fire
14fighter and emergency medical technician in an amount determined by the
15municipalities.
Loading...
Loading...