AB794: Bill Text

LRB-2692/1

MJL:mfd:jf

1997 - 1998 LEGISLATURE

1997 Assembly BILL 794

February 12, 1998 - Introduced by Representative Bock, cosponsored by Senator Burke. Referred to Committee on Environment.

AB794,1,4 An Act to create 15.157 (16), 101.02 (15) (bn), 101.133, 166.20 (2) (g) and 166.20 (3m) of the statutes; relating to: creating a state fire programs interagency coordinating council and altering the duties of the state emergency response board.

Analysis by the Legislative Reference Bureau

This bill creates a state fire programs interagency coordinating council (council), attached to the department of commerce, to monitor the operation of all state programs affecting local fire services in order to ensure the provision of adequate, efficient, coordinated and nonduplicative local fire services. In addition, the council is required to review rules affecting local fire services and to recommend changes to the the law concerning local fire services. The council consists of 6 members from the departments of commerce, health and family services, natural resources, transportation, justice and military affairs; one member from the technical college system board; 2 members from the assembly and 2 members from the senate; and 7 public members, 6 of whom are employed by fire departments and one of whom is an emergency medical technician employed by or affiliated with a fire department. The council terminates on June 30 of the first fiscal year beginning after the bill takes effect. On or before its date of termination, the council is required to prepare a final report that summarizes its recommendations, operations and activities.

Under current law, the state emergency response board (SERB) is responsible for providing information about hazardous substances and for overseeing local emergency planning to deal with the release of hazardous substances. This bill expands SERB's duties to include reviewing and making recommendations about state programs and activities that relate to spills and releases of hazardous substances and ensuring adequate, efficient, coordinated and nonduplicative responses to these spills and releases.

For further information see the state 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:

AB794, s. 1 Section 1. 15.157 (16) of the statutes is created to read:

AB794,2,5 15.157 (16) State fire programs interagency coordinating council. (a) Creation. There is created a state fire programs interagency coordinating council, attached to the department of commerce under s. 15.03, consisting of the following members, each of whom shall serve at the pleasure of the appointing authority:

AB794,2,9 1. One officer or employe of each of the following departments, all of whom are nonvoting members and are appointed by the head of the department: commerce, health and family services, natural resources, transportation, justice, and military affairs.

AB794,2,11 2. One nonvoting member from the technical college system board, appointed by the president of the board.

AB794,2,13 3. Two nonvoting members from each house of the legislature, appointed as follows:

AB794,2,15 a. One representative to the assembly, appointed by the speaker of the assembly.

AB794,2,17 b. One representative to the assembly, appointed by the minority leader of the assembly.

AB794,2,18 c. One senator, appointed by the president of the senate.

AB794,3,1 d. One senator, appointed by the minority leader of the senate.

AB794,3,2 4. The following voting public members, appointed by the governor:

AB794,3,3 a. A fire chief of a paid fire department.

AB794,3,4 b. A fire chief of a volunteer fire department.

AB794,3,5 c. A fire chief of a fire department organized under ch. 213.

AB794,3,6 d. A fire fighter from a paid fire department.

AB794,3,7 e. A fire fighter from a volunteer fire department.

AB794,3,8 f. A local fire inspector.

AB794,3,10 g. An emergency medical technician employed by or affiliated with a fire department.

AB794,3,11 (b) Quorum. A majority of the voting members shall constitute a quorum.

AB794,3,13 (c) Sunset. This subsection does not apply after June 30 of the first fiscal year commencing after the effective date of this paragraph .... [revisor inserts date].

AB794, s. 2 Section 2. 101.02 (15) (bn) of the statutes is created to read:

AB794,3,20 101.02 (15) (bn) The department shall designate one full-time employe to assist the state fire programs interagency coordinating council in the performance of the council's functions under s. 101.133 and to respond to inquiries from the public concerning state agency responsibilities and duties affecting local fire services. This paragraph does not apply after June 30 of the first fiscal year commencing after the effective date of this paragraph .... [revisor inserts date].

AB794, s. 3 Section 3. 101.133 of the statutes is created to read:

AB794,3,24 101.133 State fire programs interagency coordinating council. (1) Duties. The state fire programs interagency coordinating council shall do all of the following:

AB794,4,4 (a) Review the operations and activities of all state agency programs affecting local fire departments to ensure the provision of adequate, efficient, coordinated, nonduplicative services. The review shall include an evaluation of all of the following:

AB794,4,5 1. State agency training programs.

AB794,4,7 2. The appropriateness and feasibility of establishing uniform state agency administrative districts applicable to all state fire-related programs.

AB794,4,9 3. Advisory councils with responsibilities relating to state agency programs affecting local fire departments.

AB794,4,12 (b) Examine the administrative rules of state agencies that affect local fire services and recommend to the appropriate state agency any changes that it finds necessary or appropriate.

AB794,4,15 (c) Review the statutes concerning local fire services and submit any changes it finds necessary or appropriate to the chief clerk for distribution to the legislature under s. 13.172 (2).

AB794,4,23 (d) By June 30 of the first fiscal year commencing after the effective date of this paragraph .... [revisor inserts date], prepare and submit to the head of each department under s. 15.157 (16) (a) 1., to the governor, and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), a report that summarizes its recommendations and the operations and activities of the council, including any cost savings and improvements in the delivery of state services affecting local fire departments that may result from the implementation of the council's recommendations.

AB794,4,25 (2) Sunset. This section does not apply after June 30 of the first fiscal year commencing after the effective date of this subsection .... [revisor inserts date].

AB794, s. 4 Section 4. 166.20 (2) (g) of the statutes is created to read:

AB794,5,6 166.20 (2) (g) Review the programs and activities of state agencies relating to hazardous materials spills and releases, and responses to emergencies, to ensure the provision of adequate, efficient, coordinated, nonduplicative services, and make recommendations, as necessary, to affected state agencies, the governor and the legislature.

AB794, s. 5 Section 5. 166.20 (3m) of the statutes is created to read:

AB794,5,15 166.20 (3m) Duties of the department of military affairs. The department of military affairs shall designate one full-time employe of the division of emergency management to assist the employe designated under s. 101.02 (15) (bn) in assisting the state fire programs interagency coordinating council under s. 101.133 and responding to inquiries from the public about the responsibilities and duties of state agencies that deal with local fire services. This subsection does not apply after June 30 of the first fiscal year commencing after the effective date of this subsection .... [revisor inserts date].

AB794,5,16 (End)