AB316: Bill Text

2009 - 2010 LEGISLATURE

2009 Assembly BILL 316

June 16, 2009 - Introduced by Joint Legislative Council. Referred to Committee on State Affairs and Homeland Security.

AB316,4,14 An Act to repeal chapter 166 (title), 166.02 (2), 166.02 (5), 166.02 (6u), 166.03 (title), 166.03 (1) (title) and (a) (intro.), 166.03 (2) (title), 166.03 (2) (a) 4., 166.03 (3), 166.03 (5) (title), 166.03 (7) (title), 166.03 (7) (c), 166.06 (3), 166.08 (1), 166.08 (2) (a), 166.08 (5), 166.08 (6) (title), 166.10 (intro.), 166.20 (1) (fm), 166.20 (1) (gm), 166.20 (1) (im), 166.20 (5) (b), 166.20 (9) (e), 166.23 (title), 250.042 (4) (a) (intro.) and 250.042 (4) (c); to renumber 166.01 (title), 166.02 (intro.), 166.02 (1g), 166.02 (1m), 166.02 (1p), 166.02 (1r), 166.02 (3), 166.02 (6m), 166.02 (6r), 166.02 (7), 166.03 (1) (a) 1., 166.03 (1) (b) 2., 166.03 (2) (a) 5., 166.03 (2) (b) 3., 166.03 (2) (b) 4., 166.03 (2) (b) 7., 166.05 (title), 166.10 (1) to (5), 166.15 (title), 166.15 (1) (intro.), (a), (b), (c) and (d), 166.15 (1) (f) to (k), (2), (3), (4) and (5), 166.20 (title), 166.20 (1) (b) and (c), 166.20 (1) (e) and (f), 166.20 (1) (g), 166.20 (1) (gi), 166.20 (1) (h) and (i), 166.20 (1) (k), 166.20 (2) (b), 166.20 (2) (c), 166.20 (2) (e), 166.20 (2) (f), 166.20 (3) (a), 166.20 (5) (title), 166.20 (5) (a) 1., 2. and 3., 166.20 (5m) and (6), 166.20 (7) (title), 166.20 (9) (title), 166.20 (9) (b), 166.20 (9) (c) 1., 166.20 (10), 166.21 (title), 166.21 (1) (title), 166.21 (2m) (intro.) and (a) to (e), 166.215 (title), 166.215 (3) (a), 166.215 (3) (b), 166.22 (title), 166.22 (2), 166.22 (4) (a), 166.22 (5), 166.22 (6), 166.30, 250.042 (4) (a) 2. and 250.042 (4) (a) 3m.; to renumber and amend 16.61 (3) (d), 94.77, 166.01, 166.02 (1t), 166.02 (4), 166.02 (8), 166.03 (1) (a) 2., 166.03 (1) (a) 3., 166.03 (1) (a) 4., 166.03 (1) (b) 3., 166.03 (1) (b) 4., 166.03 (1) (b) 5., 166.03 (1) (b) 6., 166.03 (1) (b) 8., 166.03 (2) (a) (intro.), 166.03 (2) (a) 1., 166.03 (2) (a) 2., 166.03 (2) (a) 3., 166.03 (2) (a) 6., 166.03 (2) (b) (intro.), 166.03 (2) (b) 1., 166.03 (2) (b) 2., 166.03 (2) (b) 5., 166.03 (2) (b) 6., 166.03 (2) (b) 8., 166.03 (2) (b) 9., 166.03 (4) (title), 166.03 (4) (a), 166.03 (4) (b), 166.03 (4) (c), 166.03 (4) (d), 166.03 (5) (a), 166.03 (5) (b), 166.03 (5) (c), 166.03 (5) (d), 166.03 (5a), 166.03 (6), 166.03 (7) (a), 166.03 (7) (b), 166.03 (8) (title), 166.03 (8) (a) to (c), 166.03 (9), 166.03 (10), 166.03 (11), 166.03 (12), 166.03 (13), 166.03 (14), 166.04, 166.05 (1), 166.05 (2), 166.06 (title), 166.06 (1), 166.06 (2), 166.07 (title), 166.07, 166.08 (title), 166.08 (2) (intro.), 166.08 (2) (b), 166.08 (2) (c), 166.08 (2) (d), 166.08 (2) (e), 166.08 (3), 166.08 (4), 166.08 (6), 166.08 (7), 166.08 (8), 166.08 (9), 166.08 (10), 166.08 (11), 166.09, 166.15 (1) (e), 166.20 (1) (intro.), 166.20 (1) (d), 166.20 (1) (ge), 166.20 (1) (gk), 166.20 (1) (j), 166.20 (2) (intro.), 166.20 (2) (a), 166.20 (2) (bg), 166.20 (2) (bm), 166.20 (2) (bs) 1., 166.20 (2) (bs) 2., 166.20 (2) (d), 166.20 (3) (intro.), 166.20 (3) (b), 166.20 (3) (c), 166.20 (4), 166.20 (4m), 166.20 (5) (a) 4., 5. and 6., 166.20 (7) (a) (intro.), 166.20 (7) (a) 1., 166.20 (7) (a) 2., 166.20 (7) (b), (d), (dm) and (e), 166.20 (7m) and (8), 166.20 (9) (a), 166.20 (11), 166.21 (1) (a), 166.21 (1) (b) and (2), 166.21 (2m) (f), 166.21 (3), (4) and (5), 166.215 (1), 166.215 (2), 166.215 (3) (intro.), 166.215 (4), 166.215 (5), 166.22 (1) (intro.), 166.22 (1) (b), (c) and (d), 166.22 (3), 166.22 (3m), 166.22 (4) (b), 166.23 (1), 166.23 (2), 166.23 (2m), 166.23 (3), 166.25, 250.042 (4) (a) 1., 250.042 (4) (a) 3., 250.042 (4) (a) 4., 250.042 (4) (a) 5. and 250.042 (4) (b); to consolidate, renumber and amend 166.03 (1) (b) (intro.) and 1.; to amend 17.025 (4) (c), 20.370 (3) (ma), 20.370 (3) (mu), 20.465 (1) (h), 20.465 (3) (b), 20.465 (3) (dd), 20.465 (3) (dp), 20.465 (3) (dr), 20.465 (3) (e), 20.465 (3) (f), 20.465 (3) (g), 20.465 (3) (h), 20.465 (3) (i), 20.465 (3) (jm), 20.465 (3) (jt), 20.465 (3) (r), 20.465 (3) (s), 23.114 (1) (c), 50.36 (3d) (a) 1., 50.36 (3d) (a) 2., 59.54 (8) (a) 1., 59.54 (8) (a) 3., 59.54 (8) (b) 2., 60.23 (20), 60.24 (1) (e) 3., 66.0312 (3), 66.03125 (3), 66.0314 (1) (a), 66.0314 (2) (a), 66.0314 (2) (b) 1., 101.985 (2) (c), 102.07 (7m), 102.29 (10), 102.475 (1), 110.07 (1) (a) 1., 115.01 (10) (a) 2., 115.812 (3) (b) 1., 157.055 (2) (intro.), 165.25 (6) (b), 250.01 (intro.), 250.01 (6g), 250.01 (6r), 250.03 (3) (a) (intro.), 250.042 (1), 252.06 (10) (c), 254.34 (1) (am), 256.08 (4) (i), 256.15 (2), 292.11 (12) (b), 321.39 (1) (a) 3., 321.65 (1) (a) 2., 323.50 (1), 323.53 (1), 323.53 (2) (b) (intro.), 323.54 (1), 323.55 (3), 341.04 (intro.), 440.88 (5), 441.06 (4), 441.10 (3) (c), 441.15 (2) (intro.), 441.15 (5) (a) 5., 445.04 (2), 447.03 (1) (intro.), 448.03 (2) (p), 448.03 (3) (a) (intro.), 448.03 (3) (b), 448.03 (3) (e), 448.61, 448.66, 450.03 (1) (h), 450.145 (1) (c), 453.05 (1), 455.02 (1m), 455.02 (3m), 457.04 (intro.), 893.82 (2) (d) 1n., 895.46 (5) (am), 895.483 (1), 895.483 (2), 895.483 (3), 895.51 (2m), 895.55 (2) (intro.) and 979.012 (1); to repeal and recreate 95.50; to create 14.38 (10m), 50.36 (6), 94.77 (2), 94.77 (3), 115.01 (10) (a) 3., chapter 257 (title), 257.01 (intro.), 257.01 (1) (b) and (c), 257.01 (2), 257.01 (3), 257.01 (5) (b) and (c), 257.01 (7), 257.01 (8), 257.01 (9) (b) and (c), 257.01 (10), 257.01 (11) (b) and (c), 257.01 (12), 257.02, 257.03 (title), 257.03 (1) (b), (c) and (d), 257.03 (2), 257.03 (3), 257.04, chapter 323 (title), subchapter I (title) of chapter 323 [precedes 323.01], 323.02 (6), 323.02 (10), 323.02 (15), 323.02 (17), 323.02 (19), subchapter II (title) of chapter 323 [precedes 323.10], 323.12 (title), 323.12 (1) (intro.), 323.12 (2) (intro.), 323.12 (4) (intro.), 323.13 (title), 323.13 (1) (title), 323.13 (1) (a), 323.13 (2) (h), 323.14 (1) (title), 323.14 (1) (a) 1., 323.14 (2) (title), 323.14 (2) (a), 323.14 (3) (title), 323.14 (4) (title), 323.15 (title), 323.15 (1) (title), 323.17, 323.18, 323.19, subchapter III (title) of chapter 323 [precedes 323.30], subchapter IV (title) of chapter 323 [precedes 323.40], 323.40, 323.41 (title), (1), (2), (3) and (4), 323.42, 323.45 (4), subchapter V (title) of chapter 323 [precedes 323.50], 323.55 (title), subchapter VI (title) of chapter 323 [precedes 323.60], subchapter VII (title) of chapter 323 [precedes 323.70], subchapter VIII (title) of chapter 323 [precedes 323.80] and 801.50 (3m) of the statutes; and to affect Laws of 1965, chapter 583, section 9; relating to: emergency management, succession of public offices, liability and licensure of emergency volunteers, disaster relief, ratification of the pest control compact, transportation and disposal of animal carcasses, the plant industry, computation of school days, variance for hospital requirements, public works mutual assistance, emergencies related to computer or telecommunication systems, and providing penalties.

Analysis by the Legislative Reference Bureau

This bill is explained in the Note provided by the Joint Legislative Council in the bill.

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:

Joint Legislative Council Prefatory Note: This bill was prepared for the Joint Legislative Council's Special Committee on Emergency Management and Continuity of Government. The Special Committee was directed to: (1) conduct a recodification of ch. 166, stats., relating to emergency management, to include reorganizing the chapter in a logical manner, renumbering and retitling sections, consolidating related provisions, modernizing language, resolving ambiguities in language, and making other necessary changes; (2) make recommendations on issues relating to continuity of legislative operations during emergencies, including but not limited to lines of succession, alternate seat of state government for the legislature, suspension of legislative quorum requirements, and participation by legislators through alternative means from remote locations; and (3) review the uniform emergency volunteer health practitioners act for consideration and introduction in the next legislative biennium.

Recodification of Chapter 166 of the Statutes

The bill does the following regarding the emergency management provisions of the statutes:

1. Moves the emergency management provisions of the statutes that are currently in ch. 166 to a newly created ch. 323.

2. Reorganizes the entire chapter by subdividing it into the 8 subchapters shown in the table of contents set forth below. The current ch. 166 consists of 18 sections that are not organized into subchapters.

3. Makes nonsubstantive editorial changes to modernize language to make the language consistent with current drafting style.

4. Makes minor changes in the chapter. These include the following:

• Creates a definition of the term disaster - "a severe or prolonged, natural or human-caused, occurrence that threatens or negatively impacts life, health, property, infrastructure, the environment, the security of this state or a portion of this state, or critical systems, including computer, telecommunications, or agricultural systems."

• Provides that an individual may not simultaneously serve as the head of emergency management for 2 or more counties.

• Specifies that alleged violations on tribal land of the statutes relating to hazardous substances information may be enforced only by the department of justice.

Chapter 323, which will be entitled Emergency Management, will be organized as follows:

Subchapter I General Provisions

323.01 Declaration of policy.

323.02 Definitions.

Subchapter II Powers and Duties Related to Emergency Management

323.10 Declaration by governor.

323.11 Declaration by local government.

323.12 Governor; duties and powers.

323.13 Adjutant general; duties and powers.

323.14 Local government; duties and powers.

323.15 Heads of emergency management; duties and powers.

323.16 Powers of law enforcement officers.

323.17 State traffic patrol officers and conservation wardens.

323.18 State agency volunteers.

323.19 State official authority to grant variances to statutes and rules for a disaster.

323.20 Emergency use of vehicles.

323.24 Prohibition against restricting firearms or ammunition during emergency.

323.25 Personnel restrictions.

323.28 Penalties.

Subchapter III Disaster Assistance Programs

323.30 Federal disaster assistance.

323.31 State disaster assistance.

Subchapter IV Liability and Exemptions

323.40 Responsibility for worker's compensation.

323.41 Liability of state or local unit of government.

323.42 Reimbursement of local units of government.

323.43 Bearing of losses.

323.44 Public shelters.

323.45 Providers of equipment and other items.

Subchapter V Emergency Location and Continuity of Government

323.50 Definitions.

323.51 Emergency seat of state government.

323.52 Temporary locations of government for local units of government.

323.53 Succession to office; state officers.

323.54 Succession to office; local officers.

323.55 Interim successors.

Subchapter VI Emergency Planning

323.60 Hazardous substances information and emergency planning.

323.61 Emergency planning grants.

Subchapter VII Emergency Response Teams

323.70 Hazardous substance emergency response.

323.71 Local agency response and reimbursement.

Subchapter VIII Emergency Management Assistance Compact

323.80 Emergency management assistance compact.

Liability and Licensure of Volunteers

Current law provides that certain health care providers who, during a declared state of emergency, provide services for which they are credentialed, are considered state agents of the department of health services (DHS) for purposes of certain statutes related to lawsuits (notification to the state, legal representation by the state, limitation on damages, and payment of damages) and are considered employees of the state for purposes of worker's compensation benefits. Those providers must have provided the services on behalf of a health care facility or mass clinic on a voluntary, unpaid basis, except that the provider may accept reimbursement for travel, lodging, and meals. In addition, current law provides that the health care facility on whose behalf the services are provided is, for the provision of those services, a state agent of DHS for purposes of the statutes related to litigation.

Current law provides that the persons covered by this statute are a behavioral health provider (psychologist, social worker, clinical social worker, marriage and family therapist, or professional counselor); health care provider (nurse aide, physician, physician assistant, podiatrist, registered nurse, licensed practical nurse, nurse-midwife, dentist, pharmacist, veterinarian, or respiratory care practitioner); pupil services provider (school counselor, school psychologist, or school social worker); or substance abuse prevention provider (substance abuse counselor, clinical supervisor, or prevention specialist). In order for these persons to be covered by the current law, they must have been credentialed by the specified Wisconsin regulatory agency at any time within the 10 years before a state of emergency is declared.

The bill makes the following changes in current law:

• The statutes described above, as modified by the bill, are moved to a new chapter of the statutes — ch. 257, stats., which will be entitled "Emergency Volunteer Health Care Practitioners".

• While current law covers persons credentialed by Wisconsin regulatory agencies, the bill also includes persons who are credentialed by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as those acts that an individual credentialed in Wisconsin may perform.

• The bill includes several providers who are not covered by current law — emergency medical technicians, first responders, funeral directors, and veterinary technicians.

• The bill requires DHS to establish and maintain an electronic system to verify credentials of and register providers willing to volunteer during an emergency.

• The bill requires that the provider must register in writing with the health care facility or mass clinic where he or she provides the services and be included in the DHS registry of providers willing to volunteer during an emergency.

Agricultural Issues

1. Pest Control

In the 1965-66 legislative session, the legislature ratified the pest control compact. However, that ratification was made contingent on ratification of the compact by Illinois, Iowa, Michigan, and Minnesota. While Illinois, Michigan, and Minnesota have ratified the compact, Iowa has not done so.

The bill eliminates the need for Iowa to ratify the pest control compact in order for Wisconsin's ratification to take effect. Therefore, if the bill is enacted into law, Wisconsin's ratification of the compact will take effect.

2. Animal Carcasses

Current law provides that a person may not deposit or throw into any specified body of water, or leave or deposit on any public highway or other place, the carcass of any animal. In addition, a dead animal may not be deposited or left on any premises under a person's control if it is exposed in such a manner that it could be reached by dogs or wild animals for a period longer than 24 hours in the months of April to November, or 48 hours in the months of December to March. No person is allowed to transport, haul, or drag along any highway the carcass of any animal suspected of having died from specified diseases or any other disease that the department of agriculture, trade and consumer protection (DATCP) designates as highly dangerous. Those carcasses are required to be burned or buried at least 6 feet below the surface of the ground and completely covered.

In addition, current law provides that any dead animal found on a public highway or other public place must, if the owner of the animal cannot be found, be buried or otherwise disposed of at public expense by the local health department in the jurisdiction where the animal is found. However, this does not apply if the county exercises its authority under a statute allowing the removal of dead animals or contracting for removal and burial or other disposition with a private rendering plant. If a county does not exercise its authority under that statute, the owner of the carcass must dispose of it as specified in current law.

The bill repeals current law and replaces it with a statute that provides that no person may do either of the following, either directly or through an employee or agent: (1) transport or dispose of a carcass that the person knows or reasonably should know to be a diseased carcass in a manner that creates a significant and foreseeable risk of transmitting disease to humans or animals; or (2) dispose of a carcass in the waters of the state (except that this does not prohibit the use of farm-raised fish as bait). The bill also provides that no person who owns or controls a carcass, or owns or controls the land on which a carcass is located, may leave the carcass exposed to access by dogs or wild animals for more than 24 hours during the months of April to November or for more than 48 hours during the months of December to March if the person knows or reasonably should know that the carcass is exposed. In addition, DATCP may regulate the transportation and disposal of carcasses to prevent and control contagious and infectious diseases.

For purposes of the above statute, the term "carcass" is defined as the dead body, or any part of the dead body, of a livestock animal or other domestic animal. The term "contagious or infectious disease" is defined as a disease that is spread by contact, bodily secretions, or fomites, or that is caused by a pathogenic agent. A "fomite" is defined as an inanimate object or a substance that transfers infectious organisms from one animal to another. Finally, the bill defines "diseased carcass" as the carcass of a livestock animal or other domestic animal if the animal was any of the following at the time of death: (1) infected with a contagious or infectious disease; (2) potentially infected with such a disease, based on known exposure to such a disease; or (3) reasonably suspected of being infected with such a disease, based on symptoms or testing.

3. Plant Industry

Current law provides that any person who violates any provision of ch. 94, stats., for which a specific penalty is not prescribed must be fined not more than $200 or imprisoned in the county jail for not more than 6 months or both. Portions of ch. 94, stats., for which no specific penalty is prescribed include provisions that deal with plant inspection and pest control, abatement of pests, inspection and licensing of nursery stock, and regulation of honeybees.