SB226,59,133
323.60
(8) (a) The department of justice, at its own discretion or at the request
4of the division or the committee or district attorney for the county in which the
5violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules
6promulgated under subs. (2) to (7). In any action commenced under this paragraph,
7the department of justice may request the assistance of the district attorney for the
8county in which the violation is alleged to have occurred and the district attorney
9shall provide the requested assistance
, except that, for a violation that is alleged to
10have occurred within the boundaries of a federally recognized Indian reservation or
11on land that is held in trust by the federal government for the benefit of an American
12Indian tribe or band, only the department of justice may enforce subs. (2) to (7) and
13rules promulgated under subs. (2) to (7).
SB226, s. 200
14Section
200. 166.20 (9) (title) of the statutes is renumbered 323.60 (9) (title).
SB226, s. 201
15Section
201. 166.20 (9) (a) of the statutes is renumbered 323.60 (9) (a), and
16323.60 (9) (a) 1. a., b. and c., 2. (intro.), a., b. and c. and 3., as renumbered, are
17amended to read:
SB226,59,1918
323.60
(9) (a) 1. a. Any person for failure to submit a follow-up emergency
19notice under
42 USC 11004 (c), as applied under sub. (5)
(a) 2. (b).
SB226,59,2020
b. Any person for violation of sub. (5)
(a) 3. or 4.
(c) or (d).
SB226,59,2321
c. The division for failure to render a decision in response to a petition under
2242 USC 11042 (d), as applied under sub. (5)
(a) 5.
(e), within 9 months after receipt
23of the petition.
SB226,60,3
12. (intro.) The division or any
county, city, village or town local unit of
2government may commence a civil action against any person for failure to do any of
3the following:
SB226,60,54a. Provide notification to the division under
42 USC 11002 (c), as applied under
5sub. (5) (a)
1.
SB226,60,76b. Submit the information required under
42 USC 11021 (a) or
11022 (a), as
7applied by sub. (5)
(a) 3. (c).
SB226,60,98c. Make available information requested under
42 USC 11021 (c), as applied
9under sub. (5)
(a) 3. (c).
SB226,60,1310
3. The division or any committee may commence an action against any person
11for failure to provide the information required under
42 USC 11003 (d), as applied
12under sub. (5) (a)
1. or any information required under
42 USC 11022 (e) (1), as
13applied under sub. (5)
(a) 3. (c).
SB226, s. 202
14Section
202. 166.20 (9) (b) of the statutes is renumbered 323.60 (9) (b).
SB226, s. 203
15Section
203. 166.20 (9) (c) 1. of the statutes is renumbered 323.60 (9) (c).
SB226, s. 204
16Section
204. 166.20 (9) (e) of the statutes is repealed.
SB226, s. 205
17Section
205. 166.20 (10) of the statutes is renumbered 323.60 (10).
SB226, s. 206
18Section
206. 166.20 (11) of the statutes is renumbered 323.60 (11), and 323.60
19(11) (a), (b) (intro.), (c) and (d), as renumbered, are amended to read:
SB226,61,220
323.60
(11) (a) Any person who violates sub. (5) (a)
1., 2. or 4., (b), or (d), or the
21emergency and hazardous chemical inventory form requirements of
42 USC 11022,
22as applied under sub. (5)
(a) 3. (c), or any rule promulgated under sub. (5) (a)
1., 2.
23or 4., (b), or (d), or concerning emergency and hazardous chemical inventory form
24requirements shall forfeit not less than $100 nor more than $25,000. Total
25forfeitures for the failure of a facility to report multiple releases of hazardous
1substances covered under
42 USC 11004, as applied under sub. (5)
(a), shall not
2exceed $75,000 per day of offense.
SB226,61,63
(b) (intro.) Any person who knowingly and willfully fails to report the release
4of a hazardous substance covered under
42 USC 11004 as required under sub. (5)
(a)
52. (b) or any rule promulgated under sub. (5)
(a) 2. (b) is subject to the following
6penalties:
SB226,61,107
(c) Any person who violates sub. (5)
(a) 5. or 6.
(e) or (f) or the material safety
8data sheet requirements of
42 USC 11021, as applied under sub. (5)
(a) 3. (c), or any
9rule promulgated under sub. (5)
(a) 5. or 6. (e) or (f) or concerning material safety data
10sheet requirements shall forfeit not less than $50 nor more than $10,000.
SB226,61,1411
(d) Any person who knowingly and willfully releases a trade secret entitled to
12protection under
42 USC 11042, as applied under sub. (5)
(a) 5. (e), shall be fined not
13less than $100 nor more than $20,000 or imprisoned for not more than one year in
14the county jail or both.
SB226, s. 207
15Section
207. 166.21 (title) of the statutes is renumbered 323.61 (title).
SB226, s. 208
16Section
208. 166.21 (1) (title) of the statutes is renumbered 323.61 (1) (title).
SB226, s. 209
17Section
209. 166.21 (1) (a) of the statutes is renumbered 323.61 (1) (a) and
18amended to read:
SB226,61,2119
323.61
(1) (a) There is created an emergency planning grant program for the
20purpose of assisting committees to comply with the requirements of s.
166.20 323.60 21and the federal act.
SB226, s. 210
22Section
210. 166.21 (1) (b) and (2) of the statutes are renumbered 323.61 (1)
23(b) and (2), and 323.61 (2) (d), as renumbered, is amended to read:
SB226,61,2524
323.61
(2) (d) Any other activity of the committee required under s.
166.20 25323.60 or the federal act.
SB226, s. 211
1Section
211. 166.21 (2m) (intro.) and (a) to (e) of the statutes are renumbered
2323.61 (2m) (intro.) and (a) to (e).
SB226, s. 212
3Section
212. 166.21 (2m) (f) of the statutes is renumbered 323.61 (2m) (f) and
4amended to read:
SB226,62,75
323.61
(2m) (f) Procedures for local emergency response team actions that are
6consistent with local emergency response plans developed under s.
166.20 323.60 (3)
7and the state contingency plan established under s. 292.11 (5).
SB226, s. 213
8Section
213. 166.21 (3), (4) and (5) of the statutes are renumbered 323.61 (3),
9(4) and (5), and 323.61 (3) (c), as renumbered, is amended to read:
SB226,62,1410
323.61
(3) (c) Notwithstanding sub. (2), the division shall deny that portion of
11a grant calculated under par. (a) 2. if the division determines that the committee has
12failed to meet grant obligations, including the development, review, exercise or
13implementation of local emergency response plans as required under s.
166.20 14323.60 or the federal act.
SB226, s. 214
15Section
214. 166.215 (title) of the statutes is renumbered 323.70 (title).
SB226, s. 215
16Section
215. 166.215 (1) of the statutes is renumbered 323.70 (2) and amended
17to read:
SB226,63,618
323.70
(2) Beginning July 1, 2001, the The division shall contract with no more
19than 9 regional emergency response teams, one of which shall be located in La Crosse
20County. Each regional emergency response team shall assist in the emergency
21response to level A releases in a region of this state designated by the division. The
22division shall contract with at least one regional emergency response team in each
23area designated under s.
166.03 (2) (b) 1. 323.13 (2) (a). The division may only
24contract with a local agency
, as defined in s. 166.22 (1) (c), under this subsection. A
25member of a regional emergency response team shall meet the highest standards for
1a hazardous materials responder in
29 CFR 1910.120 (q) (6) (iv) and National Fire
2Protection Association standards NFPA 471 and 472. Regional emergency response
3teams shall have at least one member that is trained in each of the appropriate
4specialty areas under National Fire Protection Association standard NFPA 472.
5Payments to regional emergency response teams under this subsection shall be made
6from the appropriation account under s. 20.465 (3) (dd).
SB226, s. 216
7Section
216. 166.215 (2) of the statutes is renumbered 323.70 (3) and amended
8to read:
SB226,63,219
323.70
(3) The division shall reimburse a regional emergency response team
10for costs incurred by the team in responding to an emergency involving a level A
11release, or a potential level A release, if the team followed the procedures in the rules
12promulgated under
s. 166.20 (2) (bs) 1. sub. (7) (b) to determine if an emergency
13requiring a response existed. Reimbursement under this subsection is limited to
14amounts collected under sub.
(3) (4) and the amounts appropriated under s. 20.465
15(3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the regional
16emergency response team has made a good faith effort to identify the person
17responsible under sub.
(3) (4) and that person cannot be identified, or, if that person
18is identified, the team has received reimbursement from that person to the extent
19that the person is financially able or has determined that the person does not have
20adequate money or other resources to reimburse the regional emergency response
21team.
SB226, s. 217
22Section
217. 166.215 (3) (intro.) of the statutes is renumbered 323.70 (4)
23(intro.) and amended to read:
SB226,64,324
323.70
(4) (intro.) A person shall reimburse the division for costs incurred by
25a regional emergency response team in responding to an emergency
involving a level
1A release or a potential level A release if the team followed the procedures
2established under s.
166.20 (2) (bs) 1. sub. (7) (b) to determine if an emergency
3requiring the team's response existed and if any of the following conditions applies:
SB226, s. 218
4Section
218. 166.215 (3) (a) of the statutes is renumbered 323.70 (4) (a).
SB226, s. 219
5Section
219. 166.215 (3) (b) of the statutes is renumbered 323.70 (4) (b).
SB226, s. 220
6Section
220. 166.215 (4) of the statutes is renumbered 323.70 (5) and amended
7to read:
SB226,64,108
323.70
(5) A member of a regional emergency response team who is acting
9under a contract under sub.
(1) (2) is
considered an employee of the state for purposes
10of worker's compensation benefits.
SB226, s. 221
11Section
221. 166.215 (5) of the statutes is renumbered 323.70 (6) and amended
12to read:
SB226,65,213
323.70
(6) The division shall notify the joint committee on finance in writing,
14before entering into a new contractual agreement under sub.
(1) (2) or renewing or
15extending a contractual agreement under sub.
(1)
(2), of the specific funding
16commitment involved in that proposed new, renewed or extended contract. The
17division shall include in that notification information regarding any anticipated
18contractual provisions that involve state fiscal commitments for each fiscal year in
19the proposed new, renewed or extended contract. The division may enter into a new
20contractual agreement or renew or extend a contractual agreement, as proposed in
21the notification to the joint committee on finance, if within 14 working days after
22notification the committee does not schedule a meeting to review the division's
23proposed action. If, within 14 working days after notification to the joint committee
24on finance, the committee notifies the division that the committee has scheduled a
25meeting to review the division's proposed action, the division may enter into the
1proposed new contact or renew or extend the contract as proposed only if the
2committee approves that action.
SB226, s. 222
3Section
222. 166.22 (title) of the statutes is renumbered 323.71 (title).
SB226, s. 223
4Section
223. 166.22 (1) (intro.) of the statutes is renumbered 323.70 (1) (intro.)
5and amended to read:
SB226,65,66
323.70
(1) (intro.) In this
section
subchapter:
SB226, s. 224
7Section
224. 166.22 (1) (b), (c) and (d) of the statutes are renumbered 323.70
8(1) (a), (b) and (c), and 323.70 (1) (c), as renumbered, is amended to read:
SB226,65,109
323.70
(1) (c) "Local emergency response team" means a team that the
10committee identifies under s.
166.21 323.61 (2m) (e).
SB226, s. 225
11Section
225. 166.22 (2) of the statutes is renumbered 323.71 (1).
SB226, s. 226
12Section
226. 166.22 (3) of the statutes is renumbered 323.71 (2) and amended
13to read:
SB226,65,2114
323.71
(2) If action required under sub.
(2) (1) is not being adequately taken
15or the identity of the person responsible for an emergency involving a release or
16potential release of a hazardous substance is unknown and the emergency involving
17a release or potential release threatens public health or safety or damage to property,
18a local agency may take any emergency action that is consistent with the contingency
19plan for the undertaking of emergency actions in response to the release or potential
20release of hazardous substances established by the department of natural resources
21under s. 292.11 (5) and that it considers appropriate under the circumstances.
SB226, s. 227
22Section
227. 166.22 (3m) of the statutes is renumbered 323.71 (3) and
23amended to read:
SB226,66,1024
323.71
(3) The division shall reimburse a local emergency response team for
25costs incurred by the team in responding to an emergency involving a hazardous
1substance release, or potential release, if the team followed the procedures in the
2rules promulgated under s.
166.20 (2) (bs) 2. 323.70 (7) (c) to determine if an
3emergency requiring the team's response existed. Reimbursement under this
4subsection is limited to the amount appropriated under s. 20.465 (3) (dr).
5Reimbursement is available under s. 20.465 (3) (dr) only if the local emergency
6response team has made a good faith effort to identify the person responsible under
7sub. (4) and that person cannot be identified, or, if that person is identified, the team
8has received reimbursement from that person to the extent that the person is
9financially able or has determined that the person does not have adequate money or
10other resources to reimburse the local emergency response team.
SB226, s. 228
11Section
228. 166.22 (4) (a) of the statutes is renumbered 323.71 (4) (a).
SB226, s. 229
12Section
229. 166.22 (4) (b) of the statutes is renumbered 323.71 (4) (b) and
13amended to read:
SB226,66,1714
323.71
(4) (b) A local emergency response team may receive reimbursement
15under par. (a) only if the team followed the procedures established under s.
166.20
16(2) (bs) 2. 323.70 (7) (c) to determine if an emergency requiring the team's response
17existed.
SB226, s. 230
18Section
230. 166.22 (5) of the statutes is renumbered 323.71 (5).
SB226, s. 231
19Section
231. 166.22 (6) of the statutes is renumbered 323.71 (6).
SB226, s. 232
20Section
232. 166.23 (title) of the statutes is repealed.
SB226, s. 233
21Section
233. 166.23 (1) of the statutes is renumbered 323.11 and amended to
22read:
SB226,67,9
23323.11 Declaration by local government. Notwithstanding any other
24provision of law to the contrary, the The governing body of any
county, city, village,
25or town is empowered to local unit of government may declare, by ordinance or
1resolution, an emergency existing within the
county, city, village, or town local unit
2of government whenever conditions arise by reason of
war, conflagration, flood,
3heavy snow storm, blizzard, catastrophe, disaster, a riot or civil commotion,
acts of
4God, and including conditions, without limitation because of enumeration, which
5impair a disaster, or an imminent threat of a disaster, that impairs transportation,
6food or fuel supplies, medical care, fire, health or police protection
, or other
vital
7facilities critical systems of the
county, city, village, or town local unit of government.
8The period of the emergency shall be limited by the ordinance or resolution to the
9time during which the emergency conditions exist or are likely to exist.
SB226, s. 234
10Section
234. 166.23 (2) of the statutes is renumbered 323.14 (4) (a) and
11amended to read:
SB226,67,2212
323.14
(4) (a) The emergency power of the governing body conferred under
sub.
13(1) s. 323.11 includes the general authority to order, by ordinance or resolution,
14whatever is necessary and expedient for the health, safety,
protection, and welfare
15and good order of
the county, city, village, or town persons and property within the
16local unit of government in the emergency and includes
without limitation because
17of enumeration the power to bar, restrict
, or remove all unnecessary traffic, both
18vehicular and pedestrian, from the
local highways, notwithstanding any provision
19of chs. 341 to 349
or any other provisions of law. The governing body of the county,
20city, village, or town may provide penalties for violation of any emergency ordinance
21or resolution not to exceed a $100 forfeiture or, in default of payment of the forfeiture,
226 months' imprisonment for each separate offense.
SB226, s. 235
23Section
235. 166.23 (2m) of the statutes is renumbered 323.14 (3) (a) and
24amended to read:
SB226,68,6
1323.14
(3) (a) If the governing body of a
county, city, village, or town local unit
2of government declares an emergency under
sub. (1)
s. 323.11 and intends to make
3use of
behavioral health providers, health care providers, pupil services providers,
4or substance abuse prevention providers volunteer health care practitioners, as
5specified in s.
250.042 (4) 257.03, the governing body or its agent shall, as soon as
6possible, notify the department of health services of this intent.
SB226, s. 236
7Section
236. 166.23 (3) of the statutes is renumbered 323.14 (4) (b) and
8amended to read:
SB226,68,189
323.14
(4) (b) If, because of the emergency conditions, the governing body of the
10county, city, village, or town local unit of government is unable to meet
with
11promptness promptly, the chief executive officer or acting chief executive officer of
12any
county, city, village, or town local unit of government shall exercise by
13proclamation all of the powers conferred upon the governing body under
sub. (1) or
14(2) which within the discretion of the officer par. (a) or s. 323.11 that appear necessary
15and expedient
for the purposes herein set forth. The proclamation shall be subject
16to ratification, alteration, modification
, or repeal by the governing body as soon as
17that body can meet, but the subsequent action taken by the governing body shall not
18affect the prior validity of the proclamation.
SB226, s. 237
19Section
237. 166.25 of the statutes is renumbered 323.24 and amended to
20read:
SB226,68,25
21323.24 Prohibition against restricting firearms or ammunition during
22emergency. A person who is granted emergency powers under
s. 166.03 or 166.23 23this subchapter may not use those powers to restrict the lawful possession, transfer,
24sale, transport, storage, display, or use of firearms or ammunition during an
25emergency.
SB226, s. 238
1Section
238. 166.30 of the statutes is renumbered 323.80.
SB226, s. 239
2Section
239. 250.01 (intro.) of the statutes is amended to read:
SB226,69,4
3250.01 Definitions. (intro.) In chs. 250 to
256 257, unless the context requires
4otherwise:
SB226, s. 240
5Section
240. 250.01 (6g) of the statutes is amended to read:
SB226,69,96
250.01
(6g) "Public health authority" means the department, if the governor
7declares under s.
166.03 (1) (b) 1. 323.10 a state of emergency related to public health
8and designates the department as the lead state agency to respond to that
9emergency.
SB226, s. 241
10Section
241. 250.01 (6r) of the statutes is amended to read:
SB226,69,1211
250.01
(6r) "Public health emergency" has the meaning given in s.
166.02 (7)
12323.02 (16).
SB226, s. 242
13Section
242. 250.03 (3) (a) (intro.) of the statutes is amended to read:
SB226,69,1914
250.03
(3) (a) (intro.) No later than 90 days after a state of emergency relating
15to public health is declared and the department is designated under s.
166.03 (1) (b)
161. 323.10 as the lead state agency to respond to that emergency and no later than 90
17days after the termination of this state of emergency relating to public health, the
18department shall submit to the legislature under s. 13.172 (2) and to the governor
19a report on all of the following:
SB226, s. 243
20Section
243. 250.042 (1) of the statutes is amended to read:
SB226,70,521
250.042
(1) If the governor declares a state of emergency related to public
22health under s.
166.03 (1) (b) 1. 323.10 and designates the department as the lead
23state agency to respond to that emergency, the department shall act as the public
24health authority during the period of the state of emergency. The department shall
25ensure that the emergency operations during the state of emergency are conducted
1using the incident command system required under s.
166.03 (2) (a) 1. 323.13 (1) (b). 2During the period of the state of emergency, the secretary may designate a local
3health department as an agent of the department and confer upon the local health
4department, acting under that agency, the powers and duties of the public health
5authority.
SB226, s. 244
6Section
244. 250.042 (4) (a) (intro.) of the statutes is repealed.
SB226, s. 245
7Section
245. 250.042 (4) (a) 1. of the statutes is renumbered 257.01 (1) (intro.)
8and amended to read:
SB226,70,99
257.01
(1) (intro.) "Behavioral health provider" means
an any of the following:
SB226,70,14
10(a) An individual who
at any time within 10 years before a state of emergency
11is declared under s. 166.03 (1) (b) 1. or 166.23, has, under
chapter ch. 455,
been is 12licensed as a psychologist or
has, under ch. 457,
been is certified as a social worker
13or licensed as a clinical social worker, a marriage and family therapist, or a
14professional counselor.
SB226, s. 246
15Section
246. 250.042 (4) (a) 2. of the statutes is renumbered 257.01 (4).
SB226, s. 247
16Section
247. 250.042 (4) (a) 3. of the statutes is renumbered 257.01 (5) (intro.)
17and amended to read:
SB226,70,1818
257.01
(5) (intro.) "Health care provider" means
an any of the following:
SB226,70,25
19(a) An individual who
, at any time within 10 years before a state of emergency
20is declared u
nder s. 166.03 (1) (b) 1. or 166.23, has met requirements for a nurse aide
21under s. 146.40 (2) (a), (c), (e), (em), or (g), has been is licensed as a physician, a
22physician assistant, or a podiatrist under ch. 448, licensed as a registered nurse,
23licensed practical nurse, or nurse-midwife under ch. 441, licensed as a dentist under
24ch. 447, licensed as a pharmacist under ch. 450,
licensed as a veterinarian under ch.
25453, or
has been certified as a respiratory care practitioner under ch. 448.