LRB-1601/1
RPN/RLR/MES/DAK:cjs:pg
2003 - 2004 LEGISLATURE
April 16, 2003 - Introduced by Joint Legislative Council. Referred to Committee
on Homeland Security, Veterans and Military Affairs and Government
Reform.
SB120,1,9
1An Act to renumber 250.07;
to amend 20.465 (3) (e), 166.03 (2) (a) 1., 2. and
23., 166.03 (5) (a), 166.03 (10) and 250.042 (1); and
to create 15.197 (13), 20.435
3(1) (c), 66.0314, 166.02 (6m) and (6r), 250.07 (1m), 252.06 (10) (c), 947.017 and
4973.06 (1) (ar) of the statutes;
relating to: creating a public health council,
5reimbursement for quarantine costs, intrastate mutual aid, requiring use of the
6incident command system in an emergency, exemption from liability during a
7state of emergency, threats to release or disseminate harmful chemical,
8biological, or radioactive substances, making appropriations, and providing a
9penalty.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
Prefatory note: This bill was prepared for the Joint Legislative Council's Special
Committee on the Public Health System's Response to Terrorism and Public Health
Emergencies.
Public Health Council
The bill creates a 17-member Public Health Council in the Department of Health
and Family Services (DHFS). The council must include representatives of health care
consumers, health care providers, health professions educators, local health departments
and boards, public safety agencies, and the Public Health Advisory Committee
established by the Secretary of DHFS.
The council is required to advise DHFS, the governor, the legislature, and the
public on progress in implementing DHFS's 10-year public health plan and coordination
of responses to public health emergencies.
Reimbursement for Quarantine Costs
The bill requires the state to reimburse local health departments for all of their
expenses incurred in quarantining a person outside his or her home during a declared
state of emergency related to public health and not reimbursed from federal funds.
Reimbursement would be made from one of 2 state sum sufficient appropriations:
(1) a DHFS appropriation created in this bill, if the governor has called a state of
emergency related to public health under s. 166.03 (1) (b) 1. and has designated DHFS
as the lead state agency; or (2) an existing Department of Military Affairs (DMA)
appropriation, if the governor has called a state of emergency related to public health
under s. 166.03 (1) (b) 1. but has not designated DHFS as the lead state agency.
Intrastate Mutual Aid
The bill establishes a statewide system of mutual aid for emergency management
programs, emergency medical services (EMS) programs, fire departments, and local
health departments.
Currently, law enforcement agencies are authorized to enter into mutual aid
agreements with other law enforcement agencies in the state, under s. 66.0313 (2), stats.
The personnel of the agency furnishing assistance are considered employees of the
requesting agency while providing assistance. Law enforcement agencies may also enter
into mutual aid agreements with law enforcement agencies in adjacent states.
The state is party to a compact for interstate emergency management mutual aid,
but there is no specific statutory provision for intrastate emergency management mutual
aid. The statutes provide that counties, towns, and municipalities may cooperate
through an intergovernmental contract to provide and finance emergency management
services and combine offices. Generally, this contracting has been between adjacent
counties.
Fire departments throughout the state operate under mutual aid agreements with
other in-state fire departments that are not specifically provided for in statutes. These
mutual aid agreements appear to fall under the general language of s. 66.0301, stats.,
which permits municipalities to enter into intergovernmental cooperation agreements.
A provision of the Wisconsin administrative code relating to fire department dues
provides that a fire department may use mutual aid agreements as a means of providing
fire protection services. [s. Comm. 14.48 (1) (b) 1., Wis. Adm. Code.]
Some local fire departments are also parties to interstate fire mutual aid
agreements under the general statutory provision authorizing municipal interstate
cooperation agreements. [s. 66.0303, stats.]
Under the bill, upon the request of a county, city, village, or town, or a person acting
under an incident command system (ICS), the personnel of any emergency management
program, EMS program, fire department, or local health department may assist the
requester within the requester's jurisdiction, without regard to any other jurisdictional
provision. The entity employing the personnel acting in response to a request for
assistance is responsible for the personnel-related costs incurred in providing the
assistance. The bill defines "incident command system" using language from the
definition in s. Comm. 30.01 (16), Wis. Adm. Code, and from the state of Washington's ICS
statutes.
Incident Command System
The bill requires utilization of the ICS in managing emergencies and training of
specified personnel in the use of the ICS.
Under current law:
1. Department of Commerce administrative rules governing fire department
incident management require that every public sector fire department establish an ICS
which has written guidelines applying to all fire fighters involved in emergency
operations and which identifies fire fighter roles and responsibilities relating to the
safety of operations. These rules define "incident command system" as an organized
system of roles, responsibilities, and suggested operating guidelines used to manage and
direct emergency operations. Under these rules, fire departments are required to train
all fire fighters involved in emergency operations in the ICS and assign safety
responsibilities to supervisory personnel at each level of operations. [ss. Comm. 30.14 (1)
(a) to (c) and 30.01 (16), Wis. Adm. Code.] A footnote to the incident command rule
provision indicates that suggested operating guidelines have been developed and
published by the Wisconsin Technical Colleges System Board.
2. Department of Natural Resources administrative rules relating to hazardous
substance discharge response provide that when deemed appropriate to effectively
coordinate all actions at the scene of a hazardous substance discharge, an ICS shall be
implemented. In these rules, "incident command system" is defined as an organized
approach used to effectively control and manage operations at the scene of a hazardous
substance discharge. [ss. NR 702.09 (2) and 702.03, Wis. Adm. Code].
3. The state Emergency Operations Plan (EOP) developed by the Division of
Emergency Management (known as "Wisconsin Emergency Management" or "WEM")
provides that an ICS "will be used in disaster response". However, the EOP does not
indicate specifically what the ICS system entails or who must use it. The EOP further
states that unified command is to be used in situations which affect multiple jurisdictions
or multiple agencies within a jurisdiction or which require response by multiple levels of
government. The EOP notes that these command and control systems require the
participation of the chief elected officials. The EOP also provides that as the lead state
agency for direction and control, WEM is to direct and coordinate emergency operations
to support incident command at the local level.
At present, there are no statutory provisions pertaining to incident command.
This bill does the following:
1. Defines the term "incident command system", using language from the
definition in s. Comm. 30.01 (16), Wis. Adm. Code, and from the State of Washington's
incident command statutes.
2. Requires that an incident command system be used by all emergency response
agencies, including local health departments, in responding to, managing, and
coordinating multi-agency or multi-jurisdiction incidents, when a state or local
emergency declaration has been made or in any other emergency situation.
3. Requires the Adjutant General, in developing statewide emergency training and
exercise programs, to provide training to officers and employees of local health
departments and to elected and appointed local government officials in use of the ICS in
managing emergencies. The Adjutant General must consult with DHFS regarding the
ICS training for local health department personnel. The bill requires the Adjutant
General to utilize federal funding to provide this training, to the extent possible.
Exemption From Liability
Current law provides an exemption from liability for a person who provides
equipment or services during a state of emergency declared by the governor for the death
of or injury to any person or damage to any property caused by his or her actions. The
immunity does not apply if the person acted intentionally or with gross negligence. Under
current law, the exemption from liability applies if the person provides the 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 bill amends the law so that the exemption from liability also applies if the
person provides the equipment or services under the direction of DHFS, if that
department is designated by the governor as the lead state agency to address a public
health emergency, or at the direction of a local health department that is acting as the
agent of DHFS.
Chemical, Biological, or Radioactive Substance Threats
The bill prohibits a person from intentionally making a threat to release or
disseminate a harmful substance, knowing that the threat is false, if the threat induces
a reasonable expectation or fear that the person will release or disseminate a harmful
substance. The term "harmful substance" is defined as radioactive material that is
harmful to human life, a toxic chemical or its precursor, or a biological agent. A person
who violates this prohibition is guilty of a Class I felony, which is punishable by a fine of
not more than $10,000, imprisonment for not more than 3-1/2 years, or both.
The bill further requires that persons who violate this prohibition are to be
assessed by the court for moneys expended by a state or local government agency for
activities in connection with the threat, including: (1) the response to the threat by
emergency medical personnel; (2) the analysis of any substance alleged to be a harmful
substance; and (3) the treatment of persons who are alleged to have been exposed to an
alleged harmful substance. The moneys assessed are to be reimbursed to the state or local
agency that incurred the expense.
SB120, s. 1
1Section
1. 15.197 (13) of the statutes is created to read:
SB120,4,82
15.197
(13) Public health council. There is created in the department of
3health and family services a public health council consisting of 17 members,
4nominated by the secretary of health and family services, and appointed for 3-year
5terms. The council shall include representatives of health care consumers, health
6care providers, health professions educators, local health departments and boards,
7public safety agencies, and, if created by the secretary of health and family services
8under s. 15.04 (1) (c), the public health advisory committee.
SB120, s. 2
9Section
2. 20.435 (1) (c) of the statutes is created to read:
SB120,5,2
120.435
(1) (c)
Public health emergency quarantine costs. A sum sufficient to
2reimburse local health departments under s. 252.06 (10) (c) 1.
SB120, s. 3
3Section
3. 20.465 (3) (e) of the statutes is amended to read:
SB120,5,84
20.465
(3) (e)
Disaster recovery aid; public health emergency quarantine costs. 5A sum sufficient to pay the state share of grants to individuals
and, to make
6payments to local governments as defined in
42 USC 5122 (6) under federal disaster
7recovery programs as authorized in s. 166.03 (2) (b) 8
., and to reimburse local health
8departments under s. 252.06 (10) (c) 2.
SB120, s. 4
9Section
4. 66.0314 of the statutes is created to read:
SB120,5,11
1066.0314 Emergency management, emergency medical services, fire,
11and local health departments; mutual assistance. (1) In this section:
SB120,5,1312
(a) "Emergency management program" means the emergency management
13program of a city, village, town, or county, under s. 166.03 (4) (a).
SB120,5,1514
(b) "Emergency medical services program" means a program established under
15s. 146.55.
SB120,5,1816
(c) "Fire department" means any public organization engaged in fire fighting
17or a private sector employer fire company or fire department organized as a nonstock,
18nonprofit corporation under ch. 181 or ch. 213 without the input of a municipality.
SB120,5,2219
(d) "Incident command system" means a functional management system
20established to control, direct, and manage the roles, responsibilities, and operations
21of all of the agencies involved in a multi-jurisdictional or multi-agency emergency
22response.
SB120,5,2323
(e) "Local health department" has the meaning given in s. 250.01 (4).
SB120,6,5
24(2) Upon the request of a city, village, town, or county, or a person acting under
25an incident command system, the personnel of any emergency management
1program, emergency medical services program, fire department, or local health
2department may assist the requester within the requester's jurisdiction,
3notwithstanding any other jurisdictional provision. The program or department
4employing the personnel acting in response to a request for assistance shall be
5responsible for any personnel-related costs.
SB120, s. 5
6Section
5. 166.02 (6m) and (6r) of the statutes are created to read:
SB120,6,107
166.02
(6m) "Incident command system" means a functional management
8system established to control, direct, and manage the roles, responsibilities, and
9operations of all of the agencies involved in a multi-jurisdictional or multi-agency
10emergency response.
SB120,6,11
11(6r) "Local health department" has the meaning given in s. 250.01 (4).
SB120, s. 6
12Section
6. 166.03 (2) (a) 1., 2. and 3. of the statutes are amended to read:
SB120,6,2113
166.03
(2) (a) 1. Subject to approval by the governor, develop and promulgate
14a state plan of emergency management for the security of persons and property
15which shall be mandatory during a state of emergency. In developing the plan, the
16adjutant general shall seek the advice of the department of health and family
17services with respect to the emergency medical aspects of the plan.
The plan shall
18require the use of the incident command system by all emergency response agencies,
19including local health departments, during a state of emergency declared under sub.
20(1) (b) 1. or s. 166.23 (1) or in any other multi-jurisdictional or multi-agency
21emergency response.
SB120,7,822
2. Prescribe and carry out statewide training programs and exercises to
23develop emergency management proficiency, disseminate information including
24warnings of enemy action, serve as the principal assistant to the governor in the
25direction of emergency management activities and coordinate emergency
1management programs between counties.
The training programs shall include
2training in managing emergency operations utilizing the incident command system
3for local government officials, officers, and employees whose duties include
4responding to emergencies, including officers and employees of local health
5departments. The adjutant general shall consult with the department of health and
6family services regarding the provision of incident command system training to local
7health department personnel. To the extent possible, the adjutant general shall
8utilize federal funding to provide incident command system training.
SB120,7,159
3. Furnish guidance and develop and promulgate standards for emergency
10management programs for counties, towns and municipalities, and prescribe
11nomenclature for all levels of emergency management.
The standards shall include
12a requirement that county, town, and municipal emergency management programs
13under sub. (4) (a) utilize the incident command system during a state of emergency
14declared under sub. (1) (b) 1. or s. 166.23 (1) or in any other multi-jurisdictional or
15multi-agency emergency response.
SB120, s. 7
16Section
7. 166.03 (5) (a) of the statutes is amended to read:
SB120,8,217
166.03
(5) (a) The head of emergency management services in each county,
18town and municipality shall for his or her respective county, town or municipality,
19develop and promulgate emergency management plans consistent with state plans,
20direct the emergency management program and perform such other duties related
21to emergency management as are required by the governing body and the emergency
22management committee of the governing body when applicable.
The emergency
23management plans shall require the use of the incident command system by all
24emergency response agencies, including local health departments, during a state of
1emergency declared under sub. (1) (b) 1. or s. 166.23 (1) or in any other
2multi-jurisdictional or multi-agency emergency response.
SB120, s. 8
3Section
8. 166.03 (10) of the statutes is amended to read:
SB120,8,154
166.03
(10) Exemption from liability. No person who provides equipment or
5services under the direction of the governor, the adjutant general
or, the head of
6emergency management services in any county, town or municipality
, the
7department of health and family services if that department is designated by the
8governor under s. 166.03 (1) (b) 1., or a local health department acting under s. 251.05
9(3) (e) during a state of emergency declared by the governor is liable for the death of
10or injury to any person or damage to any property caused by his or her actions, except
11where the trier of fact finds that the person acted intentionally or with gross
12negligence. This subsection does not affect the right of any person to receive benefits
13to which he or she would otherwise be entitled under the worker's compensation law
14or under any pension law, nor does it affect entitlement to any other benefits or
15compensation authorized by state or federal law.
SB120, s. 9
16Section
9. 250.042 (1) of the statutes is amended to read:
SB120,8,2517
250.042
(1) If the governor declares a state of emergency related to public
18health under s. 166.03 (1) (b) 1. and designates the department as the lead state
19agency to respond to that emergency, the department shall act as the public health
20authority during the period of the state of emergency.
The department shall ensure
21that the emergency operations during the state of emergency are conducted using the
22incident command system required under s. 166.03 (2) (a) 1. During the period of the
23state of emergency, the secretary may designate a local health department as an
24agent of the department and confer upon the local health department, acting under
25that agency, the powers and duties of the public health authority.
SB120, s. 10
1Section
10. 250.07 of the statutes is renumbered 250.07 (1).
SB120, s. 11
2Section
11. 250.07 (1m) of the statutes is created to read:
SB120,9,73
250.07
(1m) The public health council shall monitor implementation of any
4document developed by the department under sub. (1) (a) and shall advise the
5governor, the legislature, the department, and the public on progress in
6implementing the document and coordination of responses to public health
7emergencies.
SB120, s. 12
8Section
12. 252.06 (10) (c) of the statutes is created to read:
SB120,9,129
252.06
(10) (c) All expenses incurred by a local health department in
10quarantining a person outside his or her home during a state of emergency related
11to public health declared by the governor under s. 166.03 (1) (b) 1. and not reimbursed
12from federal funds shall be paid for under either of the following, as appropriate:
SB120,9,1413
1. If the governor designates the department as the lead state agency under s.
14166.03 (1) (b) 1., from the appropriation under s. 20.435 (1) (c).