CapitalSky
2015-16, No. 42
October 26, 2015

In this Issue:


Ambulance Staffing Bill Sent to Governor

Wine Walk Legislation Signed into Law

League's Fall Lobby Day is Nov. 12

Recently Introduced Legislation

Hearings on Municipal Bills

League of Wisconsin Municipalities
 
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 www.lwm-info.org  
 
Legislative Bulletin Archive 
 
Ambulance Staffing Bill Sent to Governor for his Signature
    
 

Last week, the Senate, by voice vote, concurred in Assembly Substitute Amendment 1 to SB 143, giving ambulance staffing flexibility to small communities. The League supports this legislation, which both houses have passed.  It has been sent to the Governor for his signature. 

What the bill does.  Current law authorizes the Department of Health Services (DHS) to promulgate rules that establish various ambulance service levels and the minimum staffing requirements for each level. Those administrative rules establish eight different levels of ambulance service, three of which are affected by Assembly Substitute Amendment 1. 

Those service levels and the minimum required staffing for each service level under current law (as set forth in s. DHS 110.50, Wis. Adm. Code) and ASA 1 are as follows:

1. Emergency Medical Technician (EMT)-basic ambulance. Under current law, an EMT-basic ambulance must be staffed by at least two EMT-basics or one licensed EMT-basic and one individual with an EMT-basic training permit. Under ASA 1, an EMT-basic ambulance may also be staffed by one EMT and one first responder. 

2. EMT-intermediate technician ambulance. Under current law, an EMT-intermediate technician ambulance must be staffed by one EMT-intermediate technician and one individual licensed at or above the EMT-basic level. Under ASA 1, an EMT-intermediate technician ambulance may also be staffed by one EMT-intermediate technician and one individual licensed at or above the first responder level. 

3. EMT-intermediate ambulance. Under current law, an EMT-intermediate ambulance must be staffed by one EMT-intermediate and one individual licensed at or above the EMT-basic level. Under ASA 1, an EMT-intermediate ambulance may be staffed by one EMT-intermediate and one individual licensed at or above the first responder level.

Applicability of Ambulance Staffing Changes. ASA 1 specifies that the provisions describe above regarding ambulance staffing requirements apply only to the following: 

1. An ambulance service provider for which the population of the largest single city, village, or town in the ambulance service provider's service area is less than 10,000.

2. An ambulance service provider that has received a waiver of its ambulance staffing plan. Waivers are allowed only for ambulance service providers for which the population of the largest single city, village, or town in the ambulance service provider's service area is between 10,000 and 20,000. In addition to the population limitation, an applicant for a waiver must show all of the following: 
  • The ambulance service provider has undertaken efforts to recruit and train EMTs. 
  • Despite those efforts, EMTs are not available in sufficient numbers for staffing for the ambulance service provider. 
  • Without a waiver, the municipality that the ambulance service provider serves is unable to meet staffing requirements for ambulances that require two EMTs on every service call. 

A waiver is valid for four years and an ambulance service provider may apply for renewal of a waiver. An ambulance service provider with a waiver must attempt to staff an ambulance with two licensed EMTs whenever possible.  


For more information see the Legislative Council memo describing the substitute amendment.   

Wine Walk Legislation Signed into Law
   
  
 
Last week, Governor Walker signed SB 236 into law as Act 62, allowing temporary "Class B" wine licenses to be issued for wine walks between multiple commercial establishments.  The Act makes several changes to current law regarding the issuance of temporary licenses for the retail sale of alcohol beverages for on-premises consumption. The Act adds chambers of commerce to the list of organizations to which a municipality may issue a temporary license. 

Act 62 also authorizes a municipality to issue up to 20 temporary "Class B" wine licenses to one licensee for a single event that lasts no longer than one day, if the event meets certain criteria, including that an admission fee is charged for participation in the event and no additional fee is charged for alcohol at the event.  (Under prior law, a municipality could issue any number of temporary Class "B" (beer) licenses, but could not issue more than two temporary "Class B" wine licenses in any 12-month period. Because each license only authorized the sale of alcohol beverages at one particular location, that limitation on the number of licenses prohibited an organization  receiving a temporary license from hosting an event at which wine was sold at multiple premises.) 

A legislative council memo provides more information on the Act.
League's Fall Lobby Day is November 12
   
  
 
The date of the League's fall Lobby Day has been changed from November 11 to Thursday, November 12 to avoid conflicting with Veterans Day.  Join municipal officials from around the state at the State Capitol to lobby your legislators on bills affecting cities and villages. The day begins at 9:30 a.m. at the Madison Hilton, 9 East Wilson, where League staff gives a briefing on the bills you will be lobbying. Please join us.  For more information contact Gail Sumi, [email protected].
Recently Introduced Legislation

AB 450, Penalizing "Sanctuary Cities" by Reducing their Shared Revenue Payments.  
This bill prohibits municipalities from enacting or enforcing an ordinance, resolution, or policy prohibiting an employee from inquiring about the immigration status of an individual who has been lawfully detained or arrested, or from otherwise cooperating with or assisting the federal government with immigration enforcement. The bill also authorizes the attorney general or the appropriate district attorney or sheriff to file a writ of mandamus with the circuit court to require compliance with the requirements created by the bill if he or she 
believes that the municipality is failing to comply with the requirements.

If a court finds that a municipality has failed to comply, the department of revenue must reduce the municipality's shared revenue payments in the 
next year by $500 to $5,000, depending on the community's population, for each day of noncompliance. By Rep. Spiros (R-Marshfield) The League is neutral on this bill.  Comment to the League on this bill.

SB 344, Limiting Adverse Possession of Real PropertyUnder this bill, a person may only obtain title to real property by adverse possession if the required period of continuous adverse possession, whether 20, 10, or 7 years, occurred before the effective date of the bill. However, the bill provides two exceptions to this limitation on adverse possession. The first exception applies if a court is unable to identify or locate the record title owner or the record title owner's successor in interest to real estate that has been adversely possessed. The 
second exception applies if a principal building, or any part of a principal building, has been located on the real estate for the required period of adverse possession (20, 10, or 7 years). If a person establishes title under this second exception, the bill 
requires the person to pay to the previous title holder the fair market value of the real estate that is adversely possessed, the fair market value of any diminution in value to the title holder's remaining real estate that is attributable to the adverse possession, and reimbursement for real estate taxes paid by the previous title holder during the required period of adverse possession. By Sen. Kapenga (R-Delafield). The League has not yet taken a position on this billComment to the League on this bill.
Hearings on Municipal Bills 

AB 326, Requiring approval by a municipal governing body before construction of highway roundabouts. By Assembly Committee on Transportation on Wednesday, October 28, at 1:00 p.m. in room 417 North, State Capitol.  The League is neutral on this bill.