AB316: Bill Text

AB316, s. 205 Section 205. 166.20 (10) of the statutes is renumbered 323.60 (10).

AB316, s. 206 Section 206. 166.20 (11) of the statutes is renumbered 323.60 (11), and 323.60 (11) (a), (b) (intro.), (c) and (d), as renumbered, are amended to read:

AB316,61,2 323.60 (11) (a) Any person who violates sub. (5) (a) 1., 2. or 4., (b), or (d), or the emergency and hazardous chemical inventory form requirements of 42 USC 11022, as applied under sub. (5) (a) 3. (c), or any rule promulgated under sub. (5) (a) 1., 2. or 4., (b), or (d), or concerning emergency and hazardous chemical inventory form requirements shall forfeit not less than $100 nor more than $25,000. Total forfeitures for the failure of a facility to report multiple releases of hazardous substances covered under 42 USC 11004, as applied under sub. (5) (a), shall not exceed $75,000 per day of offense.

AB316,61,6 (b) (intro.) Any person who knowingly and willfully fails to report the release of a hazardous substance covered under 42 USC 11004 as required under sub. (5) (a) 2. (b) or any rule promulgated under sub. (5) (a) 2. (b) is subject to the following penalties:

AB316,61,10 (c) Any person who violates sub. (5) (a) 5. or 6. (e) or (f) or the material safety data sheet requirements of 42 USC 11021, as applied under sub. (5) (a) 3. (c), or any rule promulgated under sub. (5) (a) 5. or 6. (e) or (f) or concerning material safety data sheet requirements shall forfeit not less than $50 nor more than $10,000.

AB316,61,14 (d) Any person who knowingly and willfully releases a trade secret entitled to protection under 42 USC 11042, as applied under sub. (5) (a) 5. (e), shall be fined not less than $100 nor more than $20,000 or imprisoned for not more than one year in the county jail or both.

AB316, s. 207 Section 207. 166.21 (title) of the statutes is renumbered 323.61 (title).

AB316, s. 208 Section 208. 166.21 (1) (title) of the statutes is renumbered 323.61 (1) (title).

AB316, s. 209 Section 209. 166.21 (1) (a) of the statutes is renumbered 323.61 (1) (a) and amended to read:

AB316,61,21 323.61 (1) (a) There is created an emergency planning grant program for the purpose of assisting committees to comply with the requirements of s. 166.20 323.60 and the federal act.

AB316, s. 210 Section 210. 166.21 (1) (b) and (2) of the statutes are renumbered 323.61 (1) (b) and (2), and 323.61 (2) (d), as renumbered, is amended to read:

AB316,61,25 323.61 (2) (d) Any other activity of the committee required under s. 166.20 323.60 or the federal act.

AB316, s. 211 Section 211. 166.21 (2m) (intro.) and (a) to (e) of the statutes are renumbered 323.61 (2m) (intro.) and (a) to (e).

AB316, s. 212 Section 212. 166.21 (2m) (f) of the statutes is renumbered 323.61 (2m) (f) and amended to read:

AB316,62,7 323.61 (2m) (f) Procedures for local emergency response team actions that are consistent with local emergency response plans developed under s. 166.20 323.60 (3) and the state contingency plan established under s. 292.11 (5).

AB316, s. 213 Section 213. 166.21 (3), (4) and (5) of the statutes are renumbered 323.61 (3), (4) and (5), and 323.61 (3) (c), as renumbered, is amended to read:

AB316,62,14 323.61 (3) (c) Notwithstanding sub. (2), the division shall deny that portion of a grant calculated under par. (a) 2. if the division determines that the committee has failed to meet grant obligations, including the development, review, exercise or implementation of local emergency response plans as required under s. 166.20 323.60 or the federal act.

AB316, s. 214 Section 214. 166.215 (title) of the statutes is renumbered 323.70 (title).

AB316, s. 215 Section 215. 166.215 (1) of the statutes is renumbered 323.70 (2) and amended to read:

AB316,63,6 323.70 (2) Beginning July 1, 2001, the The division shall contract with no more than 9 regional emergency response teams, one of which shall be located in La Crosse County. Each regional emergency response team shall assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. 323.13 (2) (a). The division may only contract with a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the highest standards for a hazardous materials responder in 29 CFR 1910.120 (q) (6) (iv) and National Fire Protection Association standards NFPA 471 and 472. Regional emergency response teams shall have at least one member that is trained in each of the appropriate specialty areas under National Fire Protection Association standard NFPA 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd).

AB316, s. 216 Section 216. 166.215 (2) of the statutes is renumbered 323.70 (3) and amended to read:

AB316,63,21 323.70 (3) The division shall reimburse a regional emergency response team for costs incurred by the team in responding to an emergency involving a level A release, or a potential level A release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 1. sub. (7) (b) to determine if an emergency requiring a response existed. Reimbursement under this subsection is limited to amounts collected under sub. (3) (4) and the amounts appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.

AB316, s. 217 Section 217. 166.215 (3) (intro.) of the statutes is renumbered 323.70 (4) (intro.) and amended to read:

AB316,64,3 323.70 (4) (intro.) A person shall reimburse the division for costs incurred by a regional emergency response team in responding to an emergency involving a level A release or a potential level A release if the team followed the procedures established under s. 166.20 (2) (bs) 1. sub. (7) (b) to determine if an emergency requiring the team's response existed and if any of the following conditions applies:

AB316, s. 218 Section 218. 166.215 (3) (a) of the statutes is renumbered 323.70 (4) (a).

AB316, s. 219 Section 219. 166.215 (3) (b) of the statutes is renumbered 323.70 (4) (b).

AB316, s. 220 Section 220. 166.215 (4) of the statutes is renumbered 323.70 (5) and amended to read:

AB316,64,10 323.70 (5) A member of a regional emergency response team who is acting under a contract under sub. (1) (2) is considered an employee of the state for purposes of worker's compensation benefits.

AB316, s. 221 Section 221. 166.215 (5) of the statutes is renumbered 323.70 (6) and amended to read:

AB316,65,2 323.70 (6) The division shall notify the joint committee on finance in writing, before entering into a new contractual agreement under sub. (1) (2) or renewing or extending a contractual agreement under sub. (1) (2), of the specific funding commitment involved in that proposed new, renewed or extended contract. The division shall include in that notification information regarding any anticipated contractual provisions that involve state fiscal commitments for each fiscal year in the proposed new, renewed or extended contract. The division may enter into a new contractual agreement or renew or extend a contractual agreement, as proposed in the notification to the joint committee on finance, if within 14 working days after notification the committee does not schedule a meeting to review the division's proposed action. If, within 14 working days after notification to the joint committee on finance, the committee notifies the division that the committee has scheduled a meeting to review the division's proposed action, the division may enter into the proposed new contact or renew or extend the contract as proposed only if the committee approves that action.

AB316, s. 222 Section 222. 166.22 (title) of the statutes is renumbered 323.71 (title).

AB316, s. 223 Section 223. 166.22 (1) (intro.) of the statutes is renumbered 323.70 (1) (intro.) and amended to read:

AB316,65,6 323.70 (1) (intro.) In this section subchapter:

AB316, s. 224 Section 224. 166.22 (1) (b), (c) and (d) of the statutes are renumbered 323.70 (1) (a), (b) and (c), and 323.70 (1) (c), as renumbered, is amended to read:

AB316,65,10 323.70 (1) (c) "Local emergency response team" means a team that the committee identifies under s. 166.21 323.61 (2m) (e).

AB316, s. 225 Section 225. 166.22 (2) of the statutes is renumbered 323.71 (1).

AB316, s. 226 Section 226. 166.22 (3) of the statutes is renumbered 323.71 (2) and amended to read:

AB316,65,21 323.71 (2) If action required under sub. (2) (1) is not being adequately taken or the identity of the person responsible for an emergency involving a release or potential release of a hazardous substance is unknown and the emergency involving a release or potential release threatens public health or safety or damage to property, a local agency may take any emergency action that is consistent with the contingency plan for the undertaking of emergency actions in response to the release or potential release of hazardous substances established by the department of natural resources under s. 292.11 (5) and that it considers appropriate under the circumstances.

AB316, s. 227 Section 227. 166.22 (3m) of the statutes is renumbered 323.71 (3) and amended to read:

AB316,66,10 323.71 (3) The division shall reimburse a local emergency response team for costs incurred by the team in responding to an emergency involving a hazardous substance release, or potential release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 2. 323.70 (7) (c) to determine if an emergency requiring the team's response existed. Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.

AB316, s. 228 Section 228. 166.22 (4) (a) of the statutes is renumbered 323.71 (4) (a).

AB316, s. 229 Section 229. 166.22 (4) (b) of the statutes is renumbered 323.71 (4) (b) and amended to read:

AB316,66,17 323.71 (4) (b) A local emergency response team may receive reimbursement under par. (a) only if the team followed the procedures established under s. 166.20 (2) (bs) 2. 323.70 (7) (c) to determine if an emergency requiring the team's response existed.

AB316, s. 230 Section 230. 166.22 (5) of the statutes is renumbered 323.71 (5).

AB316, s. 231 Section 231. 166.22 (6) of the statutes is renumbered 323.71 (6).

AB316, s. 232 Section 232. 166.23 (title) of the statutes is repealed.

AB316, s. 233 Section 233. 166.23 (1) of the statutes is renumbered 323.11 and amended to read:

AB316,67,9 323.11 Declaration by local government. Notwithstanding any other provision of law to the contrary, the The governing body of any county, city, village, or town is empowered to local unit of government may declare, by ordinance or resolution, an emergency existing within the county, city, village, or town local unit of government whenever conditions arise by reason of war, conflagration, flood, heavy snow storm, blizzard, catastrophe, disaster, a riot or civil commotion, acts of God, and including conditions, without limitation because of enumeration, which impair a disaster, or an imminent threat of a disaster, that impairs transportation, food or fuel supplies, medical care, fire, health or police protection , or other vital facilities critical systems of the county, city, village, or town local unit of government. The period of the emergency shall be limited by the ordinance or resolution to the time during which the emergency conditions exist or are likely to exist.

AB316, s. 234 Section 234. 166.23 (2) of the statutes is renumbered 323.14 (4) (a) and amended to read:

AB316,67,22 323.14 (4) (a) The emergency power of the governing body conferred under sub. (1) s. 323.11 includes the general authority to order, by ordinance or resolution, whatever is necessary and expedient for the health, safety, protection, and welfare and good order of the county, city, village, or town persons and property within the local unit of government in the emergency and includes without limitation because of enumeration the power to bar, restrict, or remove all unnecessary traffic, both vehicular and pedestrian, from the local highways, notwithstanding any provision of chs. 341 to 349 or any other provisions of law. The governing body of the county, city, village, or town may provide penalties for violation of any emergency ordinance or resolution not to exceed a $100 forfeiture or, in default of payment of the forfeiture, 6 months' imprisonment for each separate offense.

AB316, s. 235 Section 235. 166.23 (2m) of the statutes is renumbered 323.14 (3) (a) and amended to read:

AB316,68,6 323.14 (3) (a) If the governing body of a county, city, village, or town local unit of government declares an emergency under sub. (1) s. 323.11 and intends to make use of behavioral health providers, health care providers, pupil services providers, or substance abuse prevention providers volunteer health care practitioners, as specified in s. 250.042 (4) 257.03, the governing body or its agent shall, as soon as possible, notify the department of health services of this intent.

AB316, s. 236 Section 236. 166.23 (3) of the statutes is renumbered 323.14 (4) (b) and amended to read:

AB316,68,18 323.14 (4) (b) If, because of the emergency conditions, the governing body of the county, city, village, or town local unit of government is unable to meet with promptness promptly, the chief executive officer or acting chief executive officer of any county, city, village, or town local unit of government shall exercise by proclamation all of the powers conferred upon the governing body under sub. (1) or (2) which within the discretion of the officer par. (a) or s. 323.11 that appear necessary and expedient for the purposes herein set forth. The proclamation shall be subject to ratification, alteration, modification, or repeal by the governing body as soon as that body can meet, but the subsequent action taken by the governing body shall not affect the prior validity of the proclamation.

AB316, s. 237 Section 237. 166.25 of the statutes is renumbered 323.24 and amended to read:

AB316,68,25 323.24 Prohibition against restricting firearms or ammunition during emergency. A person who is granted emergency powers under s. 166.03 or 166.23 this subchapter may not use those powers to restrict the lawful possession, transfer, sale, transport, storage, display, or use of firearms or ammunition during an emergency.

AB316, s. 238 Section 238. 166.30 of the statutes is renumbered 323.80.

AB316, s. 239 Section 239. 250.01 (intro.) of the statutes is amended to read:

AB316,69,4 250.01 Definitions. (intro.) In chs. 250 to 256 257, unless the context requires otherwise:

AB316, s. 240 Section 240. 250.01 (6g) of the statutes is amended to read:

AB316,69,9 250.01 (6g) "Public health authority" means the department, if the governor declares under s. 166.03 (1) (b) 1. 323.10 a state of emergency related to public health and designates the department as the lead state agency to respond to that emergency.

AB316, s. 241 Section 241. 250.01 (6r) of the statutes is amended to read:

AB316,69,12 250.01 (6r) "Public health emergency" has the meaning given in s. 166.02 (7) 323.02 (16).

AB316, s. 242 Section 242. 250.03 (3) (a) (intro.) of the statutes is amended to read:

AB316,69,19 250.03 (3) (a) (intro.) No later than 90 days after a state of emergency relating to public health is declared and the department is designated under s. 166.03 (1) (b) 1. 323.10 as the lead state agency to respond to that emergency and no later than 90 days after the termination of this state of emergency relating to public health, the department shall submit to the legislature under s. 13.172 (2) and to the governor a report on all of the following:

AB316, s. 243 Section 243. 250.042 (1) of the statutes is amended to read:

AB316,70,5 250.042 (1) If the governor declares a state of emergency related to public health under s. 166.03 (1) (b) 1. 323.10 and designates the department as the lead state agency to respond to that emergency, the department shall act as the public health authority during the period of the state of emergency. The department shall ensure that the emergency operations during the state of emergency are conducted using the incident command system required under s. 166.03 (2) (a) 1. 323.13 (1) (b). During the period of the state of emergency, the secretary may designate a local health department as an agent of the department and confer upon the local health department, acting under that agency, the powers and duties of the public health authority.

AB316, s. 244 Section 244. 250.042 (4) (a) (intro.) of the statutes is repealed.

AB316, s. 245 Section 245. 250.042 (4) (a) 1. of the statutes is renumbered 257.01 (1) (intro.) and amended to read:

AB316,70,9 257.01 (1) (intro.) "Behavioral health provider" means an any of the following:

AB316,70,14 (a) An individual who at any time within 10 years before a state of emergency is declared under s. 166.03 (1) (b) 1. or 166.23, has, under chapter ch. 455, been is licensed as a psychologist or has, under ch. 457, been is certified as a social worker or licensed as a clinical social worker, a marriage and family therapist, or a professional counselor.

AB316, s. 246 Section 246. 250.042 (4) (a) 2. of the statutes is renumbered 257.01 (4).

AB316, s. 247 Section 247. 250.042 (4) (a) 3. of the statutes is renumbered 257.01 (5) (intro.) and amended to read:

AB316,70,18 257.01 (5) (intro.) "Health care provider" means an any of the following:

AB316,70,25 (a) An individual who, at any time within 10 years before a state of emergency is declared under s. 166.03 (1) (b) 1. or 166.23, has met requirements for a nurse aide under s. 146.40 (2) (a), (c), (e), (em), or (g), has been is licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed practical nurse, or nurse-midwife under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian under ch. 453, or has been certified as a respiratory care practitioner under ch. 448.

AB316, s. 248 Section 248. 250.042 (4) (a) 3m. of the statutes is renumbered 257.01 (6).

AB316, s. 249 Section 249. 250.042 (4) (a) 4. of the statutes is renumbered 257.01 (9) (intro.) and amended to read:

AB316,71,4 257.01 (9) (intro.) "Pupil services provider" means an any of the following:

AB316,71,8 (a) An individual who, at any time within 10 years before a state of emergency is declared under s. 166.03 (1) (b) 1. or 166.23, has been is licensed as a school counselor, school psychologist, or school social worker under rules promulgated by the department of public instruction.

AB316, s. 250 Section 250. 250.042 (4) (a) 5. of the statutes is renumbered 257.01 (11) (intro.) and amended to read:

AB316,71,12 257.01 (11) (intro.) "Substance abuse prevention provider" means an any of the following:

AB316,71,17 (a) An individual who, at any time within 10 years before a state of emergency is declared under s. 166.03 (1) (b) 1. or 166.23, has been is certified as a counselor, supervisor, or specialist described under s. HFS 75.02 (11) and (84), Wis. Adm. Code, in effect on January 20, 2006, or has been certified as a substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.88.

AB316, s. 251 Section 251. 250.042 (4) (b) of the statutes is renumbered 257.03 (1) (intro.) and amended to read:

AB316,72,7 257.03 (1) (intro.) A behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider Except as provided in sub. (3), a practitioner who, during a state of emergency declared under s. 166.03 (1) (b) 1. or 166.23 and in a geographic area in which the state of emergency applies, provides behavioral health services, health care services, pupil services, or substance abuse prevention services for which the behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider individual is or has been licensed or , certified, registered, or, as in the case of a nurse aide, has met requirements under s. 146.40 qualified, is, for any claim arising from the provision of these the services , a state agent of the department for purposes of under ss. 165.25 (6), 893.82, and 895.46 and, except as provided in sub. (2), is considered an employee of the state for purposes of worker's compensation benefits. under ch. 102 if all of the following apply:

AB316,72,15 (a) The behavioral health services , health care services, pupil services, or substance abuse prevention services shall be are provided on behalf of a health care facility or mass clinic on a voluntary, unpaid basis, except that the behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider may accept reimbursement for travel, lodging, and meals. The health care facility on whose behalf the services are provided is, for the provision of the services, a state agent of the department for purposes of ss. 165.25 (6), 893.82, and 895.46, or at the request of the department or a local health department.

AB316, s. 252 Section 252. 250.042 (4) (c) of the statutes is repealed.

AB316, s. 253 Section 253. 252.06 (10) (c) of the statutes is amended to read:

AB316,72,23 252.06 (10) (c) All expenses incurred by a local health department, or by an entity designated as a local health department by a federally recognized American Indian tribe or band in this state, in quarantining a person outside his or her home during a state of emergency related to public health declared by the governor under s. 166.03 (1) (b) 1. 323.10 and not reimbursed from federal funds shall be paid for under either of the following, as appropriate:

AB316,72,25 1. If the governor designates the department as the lead state agency under s. 166.03 (1) (b) 1. 323.10, from the appropriation under s. 20.435 (1) (c).