AB316: Bill Text

Current law provides that the pharmacy examining board (PEB) or its designee may grant a variance to a requirement of ch. 450, stats., which relates to regulation of pharmacists and pharmacies, or a rule promulgated by the PEB if all of the following conditions are met: (1) the PEB or designee determines that a natural or man-made disaster or emergency exists or has occurred; (2) the pharmacist has requested the variance; and (3) the PEB or designee determines that the variance is necessary to protect the public health, safety, or welfare. If a member of the PEB disagrees with a decision made by a designee, the chairperson of the PEB is required to call a meeting as soon as practicable to review the decision and the PEB may affirm or modify the designee's decision. A variance is for a stated term not to exceed 90 days, except that the PEB or designee may extend the variance upon request by a pharmacist if it determines that an extension is necessary to protect the public health, safety, or welfare.

The bill creates a similar provision for the secretary of DHS with respect to hospitals. Under the bill, the secretary or his or her designee may grant a variance to a statute affecting hospitals or a rule of DHS affecting hospitals if all of the conditions are met: (1) the secretary or designee determines that a disaster, as defined in the bill, has occurred; (2) a hospital has requested the variance; and (3) the secretary or designee determines that the variance is necessary to protect the public health, safety, or welfare. A variance is for a stated term not to exceed 90 days, except that the secretary or designee may extend the variance upon request by the hospital if he or she determines that an extension is necessary protect the public health, safety, or welfare.

Public Works Mutual Assistance

Currently, the adjutant general is required to furnish guidance and establish standards for emergency management programs of local governments.

The bill requires that standards for public works include a suggestion that local governments, or federally recognized American Indian tribes or bands, adopt the mutual assistance agreement created by the division of emergency management for the intergovernmental collaboration of public works personnel, equipment, and resources during an emergency. The adjutant general must consult with public works associations and organizations regarding the content of that agreement. The bill also defines the term "public works".

Computer or Telecommunication Systems Emergencies

Current law allows the governor to declare a state of emergency for the state or any portion of the state if he or she determines that certain emergencies or disasters exist. If the governor determines that a public health emergency exists, he or she may declare a state of emergency related to public health and may designate DHS as the lead state agency to respond to that emergency. The bill provides that if the governor determines that an emergency related to computer or telecommunication systems exists, he or she may designate the department of administration (DOA) as the lead agency to respond to that emergency.

Current law provides that subject to approval by the governor, the adjutant general must develop and promulgate a state plan of emergency management for the security of persons and property. In developing the plan, the adjutant general must seek the advice of DHS with respect to the emergency medical aspects of the plan. The bill requires that the adjutant general seek the advice of DOA with respect to aspects of the plan related to computer or telecommunication systems.

Current law requires the adjutant general to prescribe and carry out statewide training programs and exercises. The adjutant general is required to consult with DHS regarding the provision of incident command system training to local health department personnel. The bill requires the adjutant general to consult with DOA regarding the provision of incident command system training for emergencies related to computer or telecommunication systems.

AB316, s. 1 Section 1. 14.38 (10m) of the statutes is created to read:

AB316,10,7 14.38 (10m) Notification of constitutional amendment. If an amendment to the Wisconsin Constitution is approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, within 30 days after the government accountability board records the approval under s. 7.70 (3) (h), notify the legislature that the amendment has been approved.

AB316, s. 2 Section 2. 16.61 (3) (d) of the statutes is renumbered 16.61 (3) (d) (intro.) and amended to read:

AB316,11,2 16.61 (3) (d) (intro.) Shall establish a system for the protection and preservation of essential public records as directed by s. 166.10. that are necessary to the continuity of governmental functions in the event of a disaster, as defined in s. 323.02 (6), or the imminent threat of a disaster, and in establishing the system shall do all of the following:

AB316, s. 3 Section 3. 17.025 (4) (c) of the statutes is amended to read:

AB316,11,8 17.025 (4) (c) Secretary of state; state treasurer. When the temporary vacancy exists in the office of secretary of state or in the office of state treasurer, the duties of the office shall be assumed, respectively, by the first emergency interim successor designated under s. 166.08 (4) 323.53 (2) or, if no such designation has been made for the respective office, then by a deputy appointed by the governor.

AB316, s. 4 Section 4. 20.370 (3) (ma) of the statutes is amended to read:

AB316,11,17 20.370 (3) (ma) General program operations — state funds. From the general fund, the amounts in the schedule for regulatory and enforcement operations under chs. 30, 31 and 280 to 299 and ss. 44.47, 59.692, 59.693, 61.351, 61.354, 62.231, 62.234 and 87.30, for reimbursement of the conservation fund for expenses incurred for actions taken under s. 166.04 323.12 (2) (c); for review of environmental impact requirements under ss. 1.11 and 23.40; and for enforcement of the treaty-based, off-reservation rights to fish, hunt and gather held by members of federally recognized American Indian tribes or bands.

AB316, s. 5 Section 5. 20.370 (3) (mu) of the statutes is amended to read:

AB316,11,22 20.370 (3) (mu) General program operations — state funds. The amounts in the schedule for law enforcement operations under ss. 23.09 to 23.11, 90.21, and 166.04 323.12 (2) (c) and chs. 29, 30, and 169 and for review of environmental impact requirements under ss. 1.11 and 23.40.

AB316, s. 6 Section 6. 20.465 (1) (h) of the statutes is amended to read:

AB316,12,6 20.465 (1) (h) Intergovernmental services. The amounts in the schedule to provide services to local units of government for fire, crash and rescue emergencies and to provide assistance under s. 166.30 323.80. All moneys received from local units of government for services provided for fire, crash, and rescue emergencies and as reimbursement from other states and territories for any losses, damages, or expenses incurred when units or members of the Wisconsin national guard are activated in state status to provide assistance under s. 166.30 323.80 shall be credited to this appropriation.

AB316, s. 7 Section 7. 20.465 (3) (b) of the statutes is amended to read:

AB316,12,10 20.465 (3) (b) Major State disaster assistance. The amounts in the schedule to provide payments under s. 166.03 (2) (b) 9. 323.31 for damages and costs incurred as the result of a major disaster.

AB316, s. 8 Section 8. 20.465 (3) (dd) of the statutes is amended to read:

AB316,12,14 20.465 (3) (dd) Regional emergency response teams. The amounts in the schedule for payments to regional emergency response teams under s. 166.215 (1) 323.70 (2).

AB316, s. 9 Section 9. 20.465 (3) (dp) of the statutes is amended to read:

AB316,12,18 20.465 (3) (dp) Emergency response equipment. The amounts in the schedule for grants for the costs of computers and emergency response equipment under s. 166.21 323.61 (2) (br).

AB316, s. 10 Section 10. 20.465 (3) (dr) of the statutes is amended to read:

AB316,12,24 20.465 (3) (dr) Emergency response supplement. As a continuing appropriation, the amounts in the schedule to be used for response costs of a regional emergency response team that are not reimbursed under s. 166.215 (2) or (3) 323.70 (3) or (4) and for response costs of a local agency that are not reimbursed under s. 166.22 323.71 (4).

AB316, s. 11 Section 11. 20.465 (3) (e) of the statutes is amended to read:

AB316,13,5 20.465 (3) (e) Disaster recovery aid; public health emergency quarantine costs. A sum sufficient to pay the state share of grants to individuals, to make payments to local governments as defined in 42 USC 5122 (6) under federal disaster recovery programs as authorized in s. 166.03 (2) (b) 8. 323.30, and to reimburse local health departments under s. 252.06 (10) (c) 2.

AB316, s. 12 Section 12. 20.465 (3) (f) of the statutes is amended to read:

AB316,13,8 20.465 (3) (f) Civil air patrol aids. The amounts in the schedule to provide assistance to the civil air patrol under s. 166.03 (2) (a) 5. 323.13 (1) (e).

AB316, s. 13 Section 13. 20.465 (3) (g) of the statutes is amended to read:

AB316,13,16 20.465 (3) (g) Program services. The amounts in the schedule for conferences, training and other services provided by the division of emergency management and for expenses incurred under s. 166.03 (2) (b) 6. and 7. 323.13 (2) (f) and (g). All moneys received for conferences, training and other services provided by the division of emergency management shall be credited to this appropriation. All moneys received from assessments and contributions under s. 166.03 (2) (b) 6. and 7. 323.13 (2) (f) and (g) shall be credited to this appropriation.

AB316, s. 14 Section 14. 20.465 (3) (h) of the statutes is amended to read:

AB316,13,23 20.465 (3) (h) Interstate emergency assistance. The amounts in the schedule to provide assistance under s. 166.30 323.80. All moneys received under s. 166.30 323.80 (9) as reimbursement from other states and territories for any losses, damages, or expenses incurred when the division of emergency management provides assistance under s. 166.30 323.80 shall be credited to this appropriation account.

AB316, s. 15 Section 15. 20.465 (3) (i) of the statutes is amended to read:

AB316,14,5 20.465 (3) (i) Emergency planning and reporting; administration. From the moneys received by the division of emergency management from fees assessed under s. 166.20 323.60 (7), the amounts in the schedule for emergency planning, notification and response and reporting activities under s. 166.20 323.60 and administration of the grant program under s. 166.21 323.61.

AB316, s. 16 Section 16. 20.465 (3) (jm) of the statutes is amended to read:

AB316,14,11 20.465 (3) (jm) Division of emergency management; emergency planning grants. All moneys received by the division of emergency management from fees assessed under s. 166.20 323.60 (7), except moneys appropriated under par. (i) for the payment of grants under s. 166.21 323.61, except grants under s. 166.21 (2) (b) (r) 323.61 (2) (br).

AB316, s. 17 Section 17. 20.465 (3) (jt) of the statutes is amended to read:

AB316,14,16 20.465 (3) (jt) Regional emergency response reimbursement. All moneys received by the division of emergency management under s. 166.215 (3) 323.70 (4) for reimbursement of regional emergency response teams under s. 166.215 (2) 323.70 (3).

AB316, s. 18 Section 18. 20.465 (3) (r) of the statutes is amended to read:

AB316,14,20 20.465 (3) (r) Division of emergency management; petroleum inspection fund. From the petroleum inspection fund, the amounts in the schedule for the payment of emergency planning grants under s. 166.21 323.61.

AB316, s. 19 Section 19. 20.465 (3) (s) of the statutes is amended to read:

AB316,14,25 20.465 (3) (s) Major State disaster assistance; petroleum inspection fund. From the petroleum inspection fund, as a continuing appropriation, the amounts in the schedule to provide payments for damages and costs incurred as the result of a major disaster.

AB316, s. 20 Section 20. 23.114 (1) (c) of the statutes is amended to read:

AB316,15,4 23.114 (1) (c) Paragraph (b) does not apply to a state of emergency declared by the governor under s. 166.03 323.10 and does not supersede the authority of the department of agriculture, trade and consumer protection under ch. 94.

AB316, s. 21 Section 21. 50.36 (3d) (a) 1. of the statutes is amended to read:

AB316,15,8 50.36 (3d) (a) 1. The health care provider seeks to provide care at the hospital during a period of a state of emergency related to public health declared by the governor under s. 166.03 (1) (b) 1. 323.10.

AB316, s. 22 Section 22. 50.36 (3d) (a) 2. of the statutes is amended to read:

AB316,15,12 50.36 (3d) (a) 2. The health care provider does not have staff privileges at the hospital at the time that the state of emergency related to public health is declared by the governor under s. 166.03 (1) (b) 1. 323.10.

AB316, s. 23 Section 23. 50.36 (6) of the statutes is created to read:

AB316,15,16 50.36 (6) (a) The secretary or his or her designee may grant a variance to a statute affecting hospitals or a rule of the department affecting hospitals if all of the following apply:

AB316,15,18 1. The secretary or his her designee determines that disaster, as defined in s. 323.02 (6), has occurred.

AB316,15,19 2. A hospital has requested the variance.

AB316,15,21 3. The secretary or his her designee determines that the variance is necessary to protect the public health, safety, or welfare.

AB316,15,25 (b) A variance granted under par. (a) shall be for a stated term not to exceed 90 days, except that the secretary or his her designee may extend the variance upon request by the hospital if he or she determines that an extension is necessary to protect the public health, safety, or welfare.

AB316, s. 24 Section 24. 59.54 (8) (a) 1. of the statutes is amended to read:

AB316,16,5 59.54 (8) (a) 1. Create a local emergency planning committee, with members as specified in 42 USC 11001 (c), which shall have the powers and the duties established for such committees under 42 USC 11000 to 11050 and under ss. 166.20 323.60 and 166.21 323.61.

AB316, s. 25 Section 25. 59.54 (8) (a) 3. of the statutes is amended to read:

AB316,16,10 59.54 (8) (a) 3. Within the availability of state funds, take all actions that are necessary to ensure that the committee created under this paragraph properly executes the duties of a local emergency planning committee under 42 USC 11000 to 11050 and under ss. 166.20 323.60 and 166.21 323.61.

AB316, s. 26 Section 26. 59.54 (8) (b) 2. of the statutes is amended to read:

AB316,16,15 59.54 (8) (b) 2. Implement programs and undertake activities which are designed to prepare the county to cope with emergencies involving the accidental release of hazardous substances and which are consistent with, but in addition to, the minimum requirements of s. 166.20 323.60 and 42 USC 11000 to 11050.

AB316, s. 27 Section 27. 60.23 (20) of the statutes is amended to read:

AB316,16,22 60.23 (20) Disposition of dead animals. Notwithstanding ss. s. 59.54 (21) and 95.50 (3), dispose of any dead animal within the town or contract for the removal and disposition with any private disposal facility. A town may enter into a contract with any other governmental unit under s. 66.0301 to provide for the removal and disposition. A town may recover its costs under this subsection by imposing a special charge under s. 66.0627.

AB316, s. 28 Section 28. 60.24 (1) (e) 3. of the statutes is amended to read:

AB316,16,25 60.24 (1) (e) 3. Obtain necessary assistance, if available, in case of emergency, except as provided under ch. 166 323.

AB316, s. 29 Section 29. 66.0312 (3) of the statutes is amended to read:

AB316,17,3 66.0312 (3) This section does not apply during a state of emergency declared by the governor under s. 166.03 (1) (b) 1. 323.10.

AB316, s. 30 Section 30. 66.03125 (3) of the statutes is amended to read:

AB316,17,6 66.03125 (3) This section does not apply during a state of emergency declared by the governor under s. 166.03 (1) (b) 1. 323.10.

AB316, s. 31 Section 31. 66.0314 (1) (a) of the statutes is amended to read:

AB316,17,10 66.0314 (1) (a) "Emergency management program" means the emergency management program of a city, village, town, or county, under s. 166.03 (4) (a) 323.14 (1).

AB316, s. 32 Section 32. 66.0314 (2) (a) of the statutes is amended to read:

AB316,17,17 66.0314 (2) (a) If the governor declares a state of emergency under s. 166.03 (1) (b) 1. 323.10, upon the request of a city, village, town, or county, or a person acting under an incident command system, the personnel of any emergency management program, emergency medical services program, fire department, or local health department may assist the requester within the requester's jurisdiction, notwithstanding any other jurisdictional provision.

AB316, s. 33 Section 33. 66.0314 (2) (b) 1. of the statutes is amended to read:

AB316,17,20 66.0314 (2) (b) 1. The responding agency meets the personnel and equipment requirements in the state plan under s. 166.03 (2) (a) 1. 323.13 (1) (b).

AB316, s. 34 Section 34. 94.77 of the statutes is renumbered 94.77 (1) and amended to read:

AB316,18,2 94.77 (1) Any person who violates any provision of this chapter for which a specific penalty is not prescribed shall, or an order issued or rule promulgated under such a provision, may be fined not to exceed $200 more than $1,000 for the first offense and may be fined not less than $500 nor more than $5,000 or imprisoned in the county jail not to exceed for not more than 6 months or both for each subsequent offense.

AB316, s. 35 Section 35. 94.77 (2) of the statutes is created to read:

AB316,18,9 94.77 (2) In lieu of the criminal penalty under sub. (1), a person who violates any provision of this chapter for which a specific penalty is not prescribed, or an order issued or rule promulgated under such a provision, may be required to forfeit not less than $200 nor more than $5,000 or, for an offense committed within 5 years of an offense for which a penalty has been assessed under this section, may be required to forfeit not less than $400 nor more than $10,000.

AB316, s. 36 Section 36. 94.77 (3) of the statutes is created to read:

AB316,18,12 94.77 (3) The department may seek an injunction restraining any person from violating this chapter or a rule promulgated under this chapter.

AB316, s. 37 Section 37. 95.50 of the statutes is repealed and recreated to read:

AB316,18,15 95.50 Transportation and disposal of animal carcasses. (1) Definitions. In this section:

AB316,18,17 (a) "Carcass" means the dead body, or any part of the dead body, of a livestock animal or other domestic animal.

AB316,18,20 (b) Notwithstanding s. 95.001 (2), "contagious or infectious disease" means a disease that is spread by contact, bodily secretions, or fomites or that is caused by a pathogenic agent.