Lastly, beginning on July 1, 2002, after first consulting with the adjutant
general, local health departments, health care providers, and law enforcement
agencies, the bill requires DHFS to report biennially to the governor and to the
legislature on the preparedness of the public health system to address public health
emergencies. In addition, no later than 90 days after a state of emergency relating
to public health is declared and the lead state agency is designated to respond to that
emergency and no later than 90 days after the termination of this state of emergency,
the lead state agency, either DHFS or the department of military affairs, must
submit to the legislature and to the governor a report on the emergency powers used
and the expenses incurred by the department and its agents.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB850-engrossed, s. 1 1Section 1. 20.285 (1) (fg) of the statutes is created to read:
AB850-engrossed,5,42 20.285 (1) (fg) State laboratory of hygiene; limited-term employees. A sum
3sufficient to pay the salaries, benefits, and training of limited-term employees under
4s. 36.25 (11) (em).
AB850-engrossed, s. 2
1Section 2. 20.435 (1) (e) of the statutes is created to read:
AB850-engrossed,6,62 20.435 (1) (e) Public health emergency. A sum sufficient to defray all expenses
3necessary to respond to a state of emergency related to public health only if the
4governor declares such an emergency and designates the department of health and
5family services as the lead state agency to respond to the emergency under s. 166.03
6(1) (b) 1.
AB850-engrossed, s. 2m 7Section 2m. 20.465 (3) (e) of the statutes is amended to read:
AB850-engrossed,6,138 20.465 (3) (e) Disaster recovery aid. A sum sufficient to pay the state share of
9grants to individuals and, to make payments to local governments as defined in 42
10USC 5122
(6) under federal disaster recovery programs as authorized in s. 166.03 (2)
11(b) 8., and to defray all expenses necessary to respond to a state of emergency related
12to public health declared under s. 166.03 (1) (b) 1. if the department of health and
13family services is not designated as the lead state agency.
AB850-engrossed, s. 3 14Section 3. 21.80 (title) of the statutes, as created by 2001 Wisconsin Act 26,
15is amended to read:
AB850-engrossed,6,17 1621.80 (title) Reemployment rights after national guard or, state
17defense force
, or public health emergency service.
AB850-engrossed, s. 4 18Section 4. 21.80 (1) (a) of the statutes, as created by 2001 Wisconsin Act 26,
19is renumbered 21.80 (1) (a) (intro.) and amended to read:
AB850-engrossed,6,2020 21.80 (1) (a) (intro.) "Active service" means active any of the following:
AB850-engrossed,6,23 211. Active service in the national guard or the state defense force under an order
22of the governor issued under this chapter or active service in the national guard
23under 32 USC 502 (f) that is not considered to be service in the uniformed services.
AB850-engrossed, s. 5 24Section 5. 21.80 (1) (a) 2. of the statutes is created to read:
AB850-engrossed,7,4
121.80 (1) (a) 2. Active service with the state laboratory of hygiene under s. 36.25
2(11) (em) for the purpose of assisting the department of health and family services
3under s. 250.042 during a state of emergency relating to public health declared by
4the governor under s. 166.03 (1) (b) 1.
AB850-engrossed, s. 6 5Section 6. 21.80 (3) (a) 4. of the statutes, as created by 2001 Wisconsin Act 26,
6is amended to read:
AB850-engrossed,7,97 21.80 (3) (a) 4. The person's In the case of active service in the national guard
8or the state defense force, the active service has not been terminated under other
9than honorable conditions.
AB850-engrossed, s. 7 10Section 7. 21.80 (3) (c) 1. of the statutes, as created by 2001 Wisconsin Act 26,
11is amended to read:
AB850-engrossed,7,1412 21.80 (3) (c) 1. Any period of active service, as defined in sub. (1) (a) 1., beyond
13that 5-year period that is required to complete an initial period of obligated active
14service.
AB850-engrossed, s. 8 15Section 8. 21.80 (3) (c) 2. of the statutes, as created by 2001 Wisconsin Act 26,
16is amended to read:
AB850-engrossed,7,2017 21.80 (3) (c) 2. Any period of active service, as defined in sub. (1) (a) 1., for which
18the person, through no fault of the person's own, was unable to obtain orders
19releasing the person from a period of active service before the expiration of the 5-year
20period.
AB850-engrossed, s. 9 21Section 9. 21.80 (3) (c) 3. of the statutes, as created by 2001 Wisconsin Act 26,
22is amended to read:
AB850-engrossed,8,223 21.80 (3) (c) 3. Any period of active service, as defined in sub. (1) (a) 1., that was
24performed to fulfill any additional training requirements determined and certified
25in writing by the federal secretary of the army, the federal secretary of the air force,

1or the adjutant general to be necessary for professional development or for
2completion of skill training or retraining.
AB850-engrossed, s. 10 3Section 10. 21.80 (3) (f) 1. of the statutes, as created by 2001 Wisconsin Act
426
, is amended to read:
AB850-engrossed,8,125 21.80 (3) (f) 1. A person who submits an application for reemployment under
6par. (e) 2. or 3. must, on the request of the person's employer, provide to the employer
7documentation to establish that the application was submitted within the time
8limits specified in par. (e) 2. or 3., that the person's cumulative length of all absences
9from employment with the employer because of active service or service in the
10uniformed services does not, except as permitted under par. (c), exceed 5 years, and,
11in the case of active service in the national guard or the state defense force,
that the
12person's service was not terminated under other than honorable conditions.
AB850-engrossed, s. 11 13Section 11. 36.25 (11) (em) of the statutes is created to read:
AB850-engrossed,8,2114 36.25 (11) (em) The laboratory of hygiene board shall create and maintain a
15roster of scientists and other persons with technical expertise who are willing to work
16for the laboratory of hygiene if the governor declares that an emergency related to
17public health exists. If the governor declares such an emergency, the laboratory of
18hygiene board shall hire as limited-term employees the requisite number of persons
19from the roster to assist the department of health and family services under s.
20250.042. Salaries, benefits, and training of these employees shall be paid from the
21appropriation under s. 20.285 (1) (fg).
AB850-engrossed, s. 11d 22Section 11d. 50.36 (3d) of the statutes is created to read:
AB850-engrossed,8,2523 50.36 (3d) (a) A hospital shall develop and maintain a system under which the
24hospital may grant emergency staff privileges to a health care provider, as defined
25in s. 146.81 (1), to whom all of the following apply:
AB850-engrossed,9,3
11. The health care provider seeks to provide care at the hospital during a period
2of a state of emergency related to public health declared by the governor under s.
3166.03 (1) (b) 1.
AB850-engrossed,9,64 2. The health care provider does not have staff privileges at the hospital at the
5time that the state of emergency related to public health is declared by the governor
6under s. 166.03 (1) (b) 1.
AB850-engrossed,9,77 3. The health care provider has staff privileges at another hospital.
AB850-engrossed,9,108 (b) A hospital that grants emergency staff privileges under par. (a) has
9immunity from civil liability for acts or omissions by a health care provider who is
10granted emergency staff privileges under par. (a).
AB850-engrossed, s. 12 11Section 12. 95.22 of the statutes is renumbered 95.22 (1).
AB850-engrossed, s. 13 12Section 13. 95.22 (2) of the statutes is created to read:
AB850-engrossed,9,1413 95.22 (2) The department shall provide the reports of any communicable
14diseases under sub. (1) to the department of health and family services.
AB850-engrossed, s. 14 15Section 14. 157.055 of the statutes is created to read:
AB850-engrossed,9,17 16157.055 Disposal of human remains during state of emergency relating
17to public health.
(1) In this section:
AB850-engrossed,9,1818 (a) "Funeral establishment" has the meaning given in s. 445.01 (6).
AB850-engrossed,9,1919 (b) "Public health authority" has the meaning given in s. 250.01 (6g).
AB850-engrossed,9,23 20(2) Notwithstanding ss. 69.18 (4), 445.04 (2), 445.14, 979.01 (3), (3m), and (4),
21979.02, and 979.10, during a period of a state of emergency related to public health
22declared by the governor under s. 166.03 (1) (b) 1., a public health authority may do
23all of the following:
AB850-engrossed,10,3
1(a) Issue and enforce orders that are reasonable and necessary to provide for
2the safe disposal of human remains, including by embalming, burial, cremation,
3interment, disinterment, transportation, and other disposal.
AB850-engrossed,10,44 (b) Take possession and control of any human remains.
AB850-engrossed,10,95 (c) Order the disposal, through burial or cremation, of any human remains of
6an individual who has died of a communicable disease, within 24 hours after the
7individual's death and consider, to the extent feasible, the religious, cultural, or
8individual beliefs of the deceased individual or his or her family in disposing of the
9remains.
AB850-engrossed,10,1710 (d) If reasonable and necessary for emergency response, require a funeral
11establishment, as a condition of its permit under s. 445.105 (1), to accept human
12remains or provide the use of its business or facility, including by transferring the
13management and supervision of the funeral establishment to the public health
14authority, for a period of time not to exceed the period of the state of emergency.
15Reasonable and necessary expenses of a funeral establishment in complying with the
16requirements under this paragraph may be paid by the department from the
17appropriation under s. 20.435 (1) (e).
AB850-engrossed,10,2218 (e) Require the labeling of all human remains before disposal with all available
19identifying information and information concerning the circumstances of death and,
20in addition, require that the human remains of an individual with a communicable
21disease be clearly tagged to indicate that remains contain a communicable disease
22and, if known, the specific communicable disease.
AB850-engrossed,11,423 (f) Maintain or require the maintenance of a written or electronic record of all
24human remains that are disposed of, including all available identifying information
25and information concerning the circumstances of death and disposal. If it is

1impossible to identify human remains prior to disposal, the public health authority
2may require that a qualified person obtain any fingerprints, photographs, or
3identifying dental information, and collect a specimen of deoxyribonucleic acid from
4the human remains and transmit this information to the public health authority.
AB850-engrossed,11,165 (g) Notwithstanding s. 59.34 (1) or 59.35 (1), authorize a county medical
6examiner or a county coroner to appoint emergency assistant medical examiners or
7emergency deputy coroners, whichever is applicable, if necessary to perform the
8duties of the office of medical examiner or coroner, and to prescribe the duties of the
9emergency assistant medical examiners or emergency deputy coroners. The term of
10any emergency appointment authorized under this paragraph may not exceed the
11period of the state emergency. A county medical examiner or county coroner may
12terminate an emergency appointment before the end of the period of the state
13emergency, if termination of the appointment will not impede the performance of the
14duties of his or her office. From the appropriation under s. 20.435 (1) (e), the
15department shall reimburse counties for the cost of any emergency medical
16examiners or emergency deputy coroners appointed under this paragraph.
AB850-engrossed, s. 15 17Section 15. 166.02 (1p) of the statutes is created to read:
AB850-engrossed,11,1818 166.02 (1p) "Biological agent" means any of the following:
AB850-engrossed,11,2019 (a) A select agent that is a virus, bacterium, rickettsia, fungus, or toxin that is
20specified under 42 CFR 72, Appendix A.
AB850-engrossed,11,2321 (b) A genetically modified microorganism or genetic element from an organism
22under par. (a) that is shown to produce or encode for a factor associated with a
23disease.
AB850-engrossed,11,2524 (c) A genetically modified microorganism or genetic element that contains
25nucleic acid sequences coding for a toxin under par. (a) or its toxic subunit.
AB850-engrossed,12,1
1(d) An agent specified by the department of health and family services by rule.
AB850-engrossed, s. 16 2Section 16. 166.02 (1r) of the statutes is created to read:
AB850-engrossed,12,63 166.02 (1r) "Bioterrorism" means the intentional use of any biological,
4chemical, or radiological agent to cause death, disease or biological malfunction in
5a human, animal, plant, or other living organism in order to influence the policy of
6a governmental unit or to intimidate or coerce the civilian population.
AB850-engrossed, s. 17 7Section 17. 166.02 (1t) of the statutes is created to read:
AB850-engrossed,12,98 166.02 (1t) "Chemical agent" means a substance that has chemical properties
9that produce lethal or serious effects in plants or animals.
AB850-engrossed, s. 18 10Section 18. 166.02 (7) of the statutes is created to read:
AB850-engrossed,12,1211 166.02 (7) "Public health emergency" means the occurrence or imminent threat
12of an illness or health condition that meets all of the following criteria:
AB850-engrossed,12,1413 (a) Is believed to be caused by bioterrorism or a novel or previously controlled
14or eradicated biological agent.
AB850-engrossed,12,1515 (b) Poses a high probability of any of the following:
AB850-engrossed,12,1616 1. A large number of deaths or serious or long-term disabilities among humans.
AB850-engrossed,12,1917 2. A high probability of widespread exposure to a biological, chemical, or
18radiological agent that creates a significant risk of substantial future harm to a large
19number of people.
AB850-engrossed, s. 19 20Section 19. 166.02 (8) of the statutes is created to read:
AB850-engrossed,12,2221 166.02 (8) "Radiological agent" means radiation or radioactive material at a
22level that is dangerous to human health.
AB850-engrossed, s. 20 23Section 20. 166.03 (1) (b) 1. of the statutes is amended to read:
AB850-engrossed,13,1024 166.03 (1) (b) 1. Proclaim a state of emergency for the state or any portion
25thereof of the state if he or she determines that an emergency resulting from enemy

1action or natural or man-made disaster exists. If the governor determines that a
2public health emergency exists, he or she may declare a state of emergency related
3to public health and may designate the department of health and family services as
4the lead state agency to respond to that emergency.
The duration of such state of
5emergency shall not exceed 60 days as to emergencies resulting from enemy action
6or 30 days as to emergencies resulting from natural or man-made disaster, unless
7either is extended by joint resolution of the legislature. A copy of the proclamation
8shall be filed with the secretary of state. The proclamation may be revoked at the
9discretion of either the governor by written order or the legislature by joint
10resolution.
AB850-engrossed, s. 20m 11Section 20m. 166.03 (1) (b) 8. of the statutes is created to read:
AB850-engrossed,13,1512 166.03 (1) (b) 8. During a state of emergency related to public health, suspend
13the provisions of any administrative rule if the strict compliance with that rule would
14prevent, hinder, or delay necessary actions to respond to the emergency and increase
15the health threat to the population.
AB850-engrossed, s. 21 16Section 21. 166.03 (2) (a) 6. of the statutes is created to read:
AB850-engrossed,13,2217 166.03 (2) (a) 6. No later than 90 days after a state of emergency relating to
18public health is declared and the department of health and family services is not
19designated under s. 166.03 (1) (b) 1. as the lead state agency to respond to that
20emergency and no later than 90 days after the termination of this state of emergency
21relating to public health, submit to the legislature under s. 13.172 (2) and to the
22governor a report on all of the following:
AB850-engrossed,13,2423 a. The emergency powers used by the department of military affairs or its
24agents.
AB850-engrossed,14,2
1b. The expenses incurred by the department of military affairs and its agents
2in acting under the state of emergency related to public health.
AB850-engrossed, s. 22 3Section 22. 250.01 (6g) of the statutes is created to read:
AB850-engrossed,14,64 250.01 (6g) "Public health authority" means the department, if the governor
5declares under s. 166.03 (1) (b) 1. a state of emergency related to public health and
6designates the department as the lead state agency to respond to that emergency.
AB850-engrossed, s. 23 7Section 23. 250.01 (6r) of the statutes is created to read:
AB850-engrossed,14,88 250.01 (6r) "Public health emergency" has the meaning given in s. 166.02 (7).
AB850-engrossed, s. 24 9Section 24. 250.03 (3) of the statutes is created to read:
AB850-engrossed,14,1510 250.03 (3) (a) No later than 90 days after a state of emergency relating to public
11health is declared and the department is designated under s. 166.03 (1) (b) 1. as the
12lead state agency to respond to that emergency and no later than 90 days after the
13termination of this state of emergency relating to public health, the department shall
14submit to the legislature under s. 13.172 (2) and to the governor a report on all of the
15following:
AB850-engrossed,14,1616 1. The emergency powers used by the public health authority or its agents.
AB850-engrossed,14,1817 2. The expenses incurred by the public health authority and its agents in acting
18under the state of emergency related to public health.
AB850-engrossed, s. 25 19Section 25. 250.03 (3) (b) of the statutes is created to read:
AB850-engrossed,14,2520 250.03 (3) (b) Biennially, beginning on July 1, 2002, after first consulting with
21the adjutant general, local health departments, health care providers, as defined in
22s. 146.81 (1), and law enforcement agencies, as defined in s. 165.77 (1) (b), the
23department shall submit to the legislature under s. 13.172 (2) and to the governor
24a report on the preparedness of the public health system to address public health
25emergencies.
AB850-engrossed, s. 26
1Section 26. 250.042 of the statutes is created to read:
AB850-engrossed,15,12 2250.042 Powers and duties of the department as public health
3authority.
(1) If the governor declares a state of emergency related to public health
4under s. 166.03 (1) (b) 1. and designates the department as the lead state agency to
5respond to that emergency, the department shall act as the public health authority
6during the period of the state of emergency. During the period of the state of
7emergency, the secretary may designate a local health department as an agent of the
8department and confer upon the local health department, acting under that agency,
9the powers and duties of the public health authority. The department may, from the
10appropriation under s. 20.435 (1) (e), reimburse a local health department for
11reasonable and necessary expenses in acting as an agent of the department if
12designated under this subsection.
AB850-engrossed,15,13 13(2) As the public health authority, the department may do any of the following:
AB850-engrossed,15,1714 (a) From the appropriation under s. 20.435 (1) (e), purchase, store, or distribute
15antitoxins, serums, vaccines, immunizing agents, antibiotics, and other
16pharmaceutical agents or medical supplies that the department determines are
17advisable to control a public health emergency.
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