AB316: Bill Text

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.

The bill increases the penalty to provide that any person who violates any provision of ch. 94, stats., for which a specific penalty is not prescribed, or an order issued or rule promulgated under such a provision, may be fined not more than $1,000 for the first offense and may be fined not less than $500 nor more than $5,000 or imprisoned not more than 6 months or both for each subsequent offense. The bill also provides that in lieu of this criminal penalty, 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, may be required to forfeit not less than $400 nor more than $10,000.

In addition, the bill gives DATCP the authority to seek an injunction restraining any person from violating ch. 94, stats., or a rule promulgated under that chapter.

Computation of School Days

Current law provides that no state aid may be paid to a school district that fails to hold school for at least 180 days each year, with the days to be computed in accordance with s. 115.01 (10). That latter statute provides that school days are days on which school is actually taught and also include the following: (1) days on which school is closed by order of the school district administrator because of inclement weather and days on which parent-teacher conferences are held, not to exceed 5 days during the school term; and (2) days on which school is closed by order of a local health officer.

This bill also includes days on which school is closed by order of the state department of health services. In addition, it includes days on which school is closed by order of the school district administrator because of a threat to the health or safety of pupils or school personnel (but not including inclement weather, which is covered by current law).

Hospital Variances

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: