SB120: Bill Text

SB120,7,8 2. Prescribe and carry out statewide training programs and exercises to develop emergency management proficiency, disseminate information including warnings of enemy action, serve as the principal assistant to the governor in the direction of emergency management activities and coordinate emergency management programs between counties. The training programs shall include training in managing emergency operations utilizing the incident command system for local government officials, officers, and employees whose duties include responding to emergencies, including officers and employees of local health departments. The adjutant general shall consult with the department of health and family services regarding the provision of incident command system training to local health department personnel. To the extent possible, the adjutant general shall utilize federal funding to provide incident command system training.

SB120,7,15 3. Furnish guidance and develop and promulgate standards for emergency management programs for counties, towns and municipalities, and prescribe nomenclature for all levels of emergency management. The standards shall include a requirement that county, town, and municipal emergency management programs under sub. (4) (a) utilize the incident command system during a state of emergency declared under sub. (1) (b) 1. or s. 166.23 (1) or in any other multi-jurisdictional or multi-agency emergency response.

SB120, s. 7 Section 7. 166.03 (5) (a) of the statutes is amended to read:

SB120,8,2 166.03 (5) (a) The head of emergency management services in each county, town and municipality shall for his or her respective county, town or municipality, develop and promulgate emergency management plans consistent with state plans, direct the emergency management program and perform such other duties related to emergency management as are required by the governing body and the emergency management committee of the governing body when applicable. The emergency management plans shall require the use of the incident command system by all emergency response agencies, including local health departments, during a state of emergency declared under sub. (1) (b) 1. or s. 166.23 (1) or in any other multi-jurisdictional or multi-agency emergency response.

SB120, s. 8 Section 8. 166.03 (10) of the statutes is amended to read:

SB120,8,15 166.03 (10) Exemption from liability. No person who provides equipment or services under the direction of the governor, the adjutant general or, the head of emergency management services in any county, town or municipality, the department of health and family services if that department is designated by the governor under s. 166.03 (1) (b) 1., or a local health department acting under s. 251.05 (3) (e) during a state of emergency declared by the governor is liable for the death of or injury to any person or damage to any property caused by his or her actions, except where the trier of fact finds that the person acted intentionally or with gross negligence. This subsection does not affect the right of any person to receive benefits to which he or she would otherwise be entitled under the worker's compensation law or under any pension law, nor does it affect entitlement to any other benefits or compensation authorized by state or federal law.

SB120, s. 9 Section 9. 250.042 (1) of the statutes is amended to read:

SB120,8,25 250.042 (1) If the governor declares a state of emergency related to public health under s. 166.03 (1) (b) 1. and designates the department as the lead state agency to respond to that emergency, the department shall act as the public health authority during the period of the state of emergency. The department shall ensure that the emergency operations during the state of emergency are conducted using the incident command system required under s. 166.03 (2) (a) 1. During the period of the state of emergency, the secretary may designate a local health department as an agent of the department and confer upon the local health department, acting under that agency, the powers and duties of the public health authority.

SB120, s. 10 Section 10. 250.07 of the statutes is renumbered 250.07 (1).

SB120, s. 11 Section 11. 250.07 (1m) of the statutes is created to read:

SB120,9,7 250.07 (1m) The public health council shall monitor implementation of any document developed by the department under sub. (1) (a) and shall advise the governor, the legislature, the department, and the public on progress in implementing the document and coordination of responses to public health emergencies.

SB120, s. 12 Section 12. 252.06 (10) (c) of the statutes is created to read:

SB120,9,12 252.06 (10) (c) All expenses incurred by a local health department in quarantining a person outside his or her home during a state of emergency related to public health declared by the governor under s. 166.03 (1) (b) 1. and not reimbursed from federal funds shall be paid for under either of the following, as appropriate:

SB120,9,14 1. If the governor designates the department as the lead state agency under s. 166.03 (1) (b) 1., from the appropriation under s. 20.435 (1) (c).

SB120,9,16 2. If the governor does not designate the department as the lead state agency under s. 166.03 (1) (b) 1., from the appropriation under s. 20.465 (3) (e).

SB120, s. 13 Section 13. 947.017 of the statutes is created to read:

SB120,9,19 947.017 Threats to release chemical, biological, or radioactive substances. (1) In this section:

SB120,9,23 (a) "Biological agent" means a microorganism or an infectious substance, or any naturally occurring, bioengineered, or synthesized toxin or component of a microorganism or an infectious substance that is capable of causing death, disease, or other biological malfunction in humans.

SB120,9,25 (b) "Harmful substance" means radioactive material that is harmful to human life, a toxic chemical or its precursor, or a biological agent.

SB120,10,2 (c) "Microorganism" includes a bacterium, virus, fungus, rickettsia, or protozoan.

SB120,10,4 (d) "Precursor" means any chemical reactant that takes part at any stage in the production by whatever method of a toxic chemical.

SB120,10,7 (e) "Toxic chemical" means any chemical that through its chemical action on life processes can cause death, temporary incapacitation, or permanent harm to humans.

SB120,10,11 (2) Whoever, knowing the threat to be false, intentionally threatens to release or disseminate a harmful substance, if the threat induces a reasonable expectation or fear that the person will release or disseminate a harmful substance, is guilty of a Class I felony.

SB120, s. 14 Section 14. 973.06 (1) (ar) of the statutes is created to read:

SB120,10,15 973.06 (1) (ar) If the defendant violated s. 947.017, moneys expended by a state or local government agency in connection with the threat under s. 947.017 (2), to be reimbursed to that agency, including moneys expended for the following activities:

SB120,10,17 1. The response to the threat by emergency medical personnel, as defined in s. 941.37 (1) (c).

SB120,10,19 2. The analysis of any substance alleged to be a harmful substance, as defined in s. 947.017 (1).

SB120,10,21 3. The medical treatment of persons who are alleged to have been exposed to an alleged harmful substance, as defined under s. 947.017 (1).

SB120, s. 15 Section 15. Nonstatutory provisions.

SB120,11,2 (1) Public health council. Notwithstanding the length of terms specified for the members of the public health council under section 15.197 (13) of the statutes, as created by this act, the initial members of the public health council shall be appointed by the first day of the 4th month beginning after the effective date of this subsection for the following terms:

SB120,11,3 (a) Six members for terms expiring on July 1, 2005.

SB120,11,4 (b) Six members for terms expiring on July 1, 2006.

SB120,11,5 (c) Five members for terms expiring on July 1, 2007.

SB120,11,6 (End)