AB316: Bill Text

AB316, s. 36 Section 36. 94.77 (3) of the statutes is created to read:

AB316,18,12 94.77 (3) The department may seek an injunction restraining any person from violating this chapter or a rule promulgated under this chapter.

AB316, s. 37 Section 37. 95.50 of the statutes is repealed and recreated to read:

AB316,18,15 95.50 Transportation and disposal of animal carcasses. (1) Definitions. In this section:

AB316,18,17 (a) "Carcass" means the dead body, or any part of the dead body, of a livestock animal or other domestic animal.

AB316,18,20 (b) Notwithstanding s. 95.001 (2), "contagious or infectious disease" means a disease that is spread by contact, bodily secretions, or fomites or that is caused by a pathogenic agent.

AB316,18,22 (c) "Diseased carcass" means the carcass of a livestock animal or other domestic animal if the animal was any of the following at the time of death:

AB316,18,23 1. Infected with a contagious or infectious disease.

AB316,18,25 2. Potentially infected with a contagious or infectious disease, based on known exposure to a contagious or infectious disease.

AB316,19,2 3. Reasonably suspected of being infected with a contagious or infectious disease, based on symptoms or testing.

AB316,19,4 (d) "Fomite" means an inanimate object or a substance that transfers infectious organisms from one animal to another.

AB316,19,6 (2) Carcass transportation and disposal prohibitions. No person may do any of the following, either directly or through an employee or agent:

AB316,19,9 (a) 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.

AB316,19,11 (b) Dispose of a carcass in the waters of the state. This paragraph does not prohibit the use of farm-raised fish as bait.

AB316,19,16 (3) Timely disposition of carcasses. No person who owns or controls a carcass, or who 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.

AB316,19,19 (4) Regulation of carcass transportation and disposal. The department may, by rule or order, regulate the transportation and disposal of carcasses to prevent and control contagious and infectious diseases.

AB316, s. 38 Section 38. 101.985 (2) (c) of the statutes is amended to read:

AB316,20,13 101.985 (2) (c) Emergency licensing. If the governor declares that a state of emergency exists in this state under s. 166.03 (1) (b) 1. 323.10 and the department determines that the number of individuals in the state who hold elevator mechanic's licenses issued by the department under this section on the date of the declaration is insufficient to cope with the emergency, the department shall summarily issue an emergency elevator mechanic's license to any individual who is certified by an elevator contractor licensed under this subchapter as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision, who the department determines is so qualified and able, and who applies for an emergency elevator mechanic's license on a form prescribed by the department. An individual certified by a contractor under this subdivision paragraph may perform work as an elevator mechanic for up to a total of 5 days preceding the date the individual is issued the license. An emergency elevator mechanic's license has a term of 30 days and may be renewed by the department in the case of a continuing emergency. The department shall specify on an emergency elevator mechanic's license the geographic area in which the licensee may provide services under the license. The requirements under par. (a) do not apply to an individual who applies for an emergency elevator mechanic's license.

AB316, s. 39 Section 39. 102.07 (7m) of the statutes is amended to read:

AB316,20,25 102.07 (7m) An employee, volunteer, or member of an emergency management unit program is considered an employee for purposes of this chapter as provided in s. 166.03 (8) (d) 323.40, a member of a regional emergency response team who is acting under a contract under s. 166.215 (1) 323.70 (2) is considered an employee of the state for purposes of this chapter as provided in s. 166.215 (4) 323.70 (5), and a behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider who is providing volunteer, unpaid behavioral health services, health care services, pupil services, or substance abuse prevention services on behalf of a health care facility during a state of emergency practitioner is considered an employee of the state for purposes of this chapter as provided in s. 250.042 (4) (b) 257.03.

AB316, s. 40 Section 40. 102.29 (10) of the statutes is amended to read:

AB316,21,11 102.29 (10) No behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider A practitioner who, under s. 250.042 (4) (b) 257.03, is considered to be an employee of the state for purposes of worker's compensation coverage while providing volunteer, unpaid behavioral health services, health care services, pupil services, or substance abuse prevention services on behalf of a health care facility, the department of health services, or a local health department during a state of emergency and who makes a claim for compensation under this chapter may not make a claim or bring maintain an action in tort against the health care facility, department, or local health department that accepted those services.

AB316, s. 41 Section 41. 102.475 (1) of the statutes is amended to read:

AB316,21,25 102.475 (1) Special benefit. If the deceased employee is a law enforcement officer, correctional officer, fire fighter, rescue squad member, diving team member, national guard member or state defense force member on state active duty as described in s. 102.07 (9) or if a deceased person is an employee or volunteer performing emergency management activities under ch. 166 323 during a state of emergency or a circumstance described in s. 166.04 323.12 (2) (c), who sustained an accidental injury while performing services growing out of and incidental to that employment or volunteer activity so that benefits are payable under s. 102.46 or 102.47 (1), the department shall voucher and pay from the appropriation under s. 20.445 (1) (aa) a sum equal to 75% of the primary death benefit as of the date of death, but not less than $50,000 to the persons wholly dependent upon the deceased. For purposes of this subsection, dependency shall be determined under ss. 102.49 and 102.51.

AB316, s. 42 Section 42. 110.07 (1) (a) 1. of the statutes is amended to read:

AB316,22,5 110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and chs. 166, 194, 218, 341 to 349 and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b), 167.31 (2) (b) to (d) and 287.81 and ch. 350 where applicable to highways, or orders or rules issued pursuant thereto.

AB316, s. 43 Section 43. 115.01 (10) (a) 2. of the statutes is amended to read:

AB316,22,8 115.01 (10) (a) 2. Days on which school is closed by order of a local health officer, as defined in s. 250.01 (5), or the department of health services.

AB316, s. 44 Section 44. 115.01 (10) (a) 3. of the statutes is created to read:

AB316,22,12 115.01 (10) (a) 3. 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.

AB316, s. 45 Section 45. 115.812 (3) (b) 1. of the statutes is amended to read:

AB316,22,15 115.812 (3) (b) 1. In this paragraph, "public agency" has the meaning given in s. 166.20 323.60 (1) (i), except that it excludes a local educational agency.

AB316, s. 46 Section 46. 157.055 (2) (intro.) of the statutes is amended to read:

AB316,22,20 157.055 (2) (intro.) Notwithstanding ss. 69.18 (4), 445.04 (2), 445.14, 979.01 (3), (3m), and (4), 979.02, and 979.10, and subch. VI of ch. 440, during a period of a state of emergency related to public health declared by the governor under s. 166.03 (1) (b) 1. 323.10, a public health authority may do all of the following:

AB316, s. 47 Section 47. 165.25 (6) (b) of the statutes is amended to read:

AB316,23,4 165.25 (6) (b) Volunteer health care providers who provide services under s. 146.89 or 250.042 (4), volunteer behavioral health providers, pupil services providers, and substance abuse prevention providers, practitioners who provide services under s. 250.042 (4) 257.03, and health care facilities on whose behalf services are provided under s. 250.042 (4) 257.03 are, for the provision of those services, covered by this section and shall be considered agents of the department of health services for purposes of determining which agency head may request the attorney general to appear and defend them.

AB316, s. 48 Section 48. Chapter 166 (title) of the statutes is repealed.

AB316, s. 49 Section 49. 166.01 (title) of the statutes is renumbered 323.01 (title).

AB316, s. 50 Section 50. 166.01 of the statutes is renumbered 323.01 (1) and amended to read:

AB316,23,13 323.01 (1) To prepare the state and its subdivisions to cope with emergencies resulting from enemy action and natural or man-made disasters a disaster, or the imminent threat of a disaster, it is declared to be necessary to establish an organization for emergency management, conferring upon the governor and others specified the powers and duties provided by this chapter.

AB316, s. 51 Section 51. 166.02 (intro.) of the statutes is renumbered 323.02 (intro.).

AB316, s. 52 Section 52. 166.02 (1g) of the statutes is renumbered 323.02 (1).

AB316, s. 53 Section 53. 166.02 (1m) of the statutes is renumbered 323.02 (2).

AB316, s. 54 Section 54. 166.02 (1p) of the statutes is renumbered 323.02 (3).

AB316, s. 55 Section 55. 166.02 (1r) of the statutes is renumbered 323.02 (4).

AB316, s. 56 Section 56. 166.02 (1t) of the statutes is renumbered 323.02 (5) and amended to read:

AB316,23,23 323.02 (5) "Chemical agent" means a substance that has chemical properties that produce lethal or serious effects in humans, plants or, animals, or other living organisms.

AB316, s. 57 Section 57. 166.02 (2) of the statutes is repealed.

AB316, s. 58 Section 58. 166.02 (3) of the statutes is renumbered 323.02 (7).

AB316, s. 59 Section 59. 166.02 (4) of the statutes is renumbered 323.02 (8) and amended to read:

AB316,24,5 323.02 (8) "Emergency management" includes "civil defense" and means all measures undertaken by or on behalf of the state and its subdivisions to do any of the following:

AB316,24,8 (a) To prepare Prepare for and minimize the effect of enemy action and natural or man-made a disaster upon the civilian population or the imminent threat of a disaster.

AB316,24,11 (b) To effectuate emergency Make repairs to, or the emergency restoration of, vital public utilities and facilities restore infrastructure or critical systems that are destroyed or damaged by such action or a disaster.

AB316, s. 60 Section 60. 166.02 (5) of the statutes is repealed.

AB316, s. 61 Section 61. 166.02 (6m) of the statutes is renumbered 323.02 (9).

AB316, s. 62 Section 62. 166.02 (6r) of the statutes is renumbered 323.02 (14).

AB316, s. 63 Section 63. 166.02 (6u) of the statutes is repealed.

AB316, s. 64 Section 64. 166.02 (7) of the statutes is renumbered 323.02 (16).

AB316, s. 65 Section 65. 166.02 (8) of the statutes is renumbered 323.02 (18) and amended to read:

AB316,24,21 323.02 (18) "Radiological agent" means radiation or radioactive material at a level that is dangerous to human health humans, animals, plants, or other living organisms.

AB316, s. 66 Section 66. 166.03 (title) of the statutes is repealed.

AB316, s. 67 Section 67. 166.03 (1) (title) and (a) (intro.) of the statutes are repealed.

AB316, s. 68 Section 68. 166.03 (1) (a) 1. of the statutes is renumbered 323.12 (1) (a).

AB316, s. 69 Section 69. 166.03 (1) (a) 2. of the statutes is renumbered 323.12 (1) (b) and amended to read:

AB316,25,4 323.12 (1) (b) Review state emergency management plans and modifications thereof to the plans.

AB316, s. 70 Section 70. 166.03 (1) (a) 3. of the statutes is renumbered 323.12 (3) and amended to read:

AB316,25,11 323.12 (3) Duties during an emergency. Employ the division of emergency management during a state of emergency proclaimed by him or her, During a state of emergency declared under s. 323.10, the governor shall issue orders and, delegate such authority as is deemed necessary to the administrator, and direct the division to coordinate emergency management activities.

AB316, s. 71 Section 71. 166.03 (1) (a) 4. of the statutes is renumbered 323.12 (1) (c) and amended to read:

AB316,25,17 323.12 (1) (c) Determine responsibilities of state departments and independent agencies in with respect to emergency management and by order direct such those departments and agencies in utilizing personnel, facilities, supplies , and equipment before and during a state of emergency.

AB316, s. 72 Section 72. 166.03 (1) (b) (intro.) and 1. of the statutes are consolidated, renumbered 323.10 and amended to read:

AB316,26,11 323.10 Declaration by governor. The governor may: 1. Proclaim issue an executive order declaring a state of emergency for the state or any portion of the state if he or she determines that an emergency resulting from enemy action or natural or man-made a disaster or the imminent threat of a disaster exists. If the governor determines that a public health emergency exists, he or she may declare issue an executive order declaring a state of emergency related to public health for the state or any portion of the state and may designate the department of health services as the lead state agency to respond to that emergency. The duration of such If the governor determines that the emergency is related to computer or telecommunication systems, he or she may designate the department of administration as the lead agency to respond to that emergency. A state of emergency shall not exceed 60 days as to emergencies resulting from enemy action or 30 days as to emergencies resulting from natural or man-made disaster, unless either the state of emergency is extended by joint resolution of the legislature. A copy of the proclamation executive order shall be filed with the secretary of state. The proclamation executive order may be revoked at the discretion of either the governor by written executive order or the legislature by joint resolution.

AB316, s. 73 Section 73. 166.03 (1) (b) 2. of the statutes is renumbered 323.12 (2) (a).

AB316, s. 74 Section 74. 166.03 (1) (b) 3. of the statutes is renumbered 323.12 (2) (b) and amended to read:

AB316,26,21 323.12 (2) (b) Accept from any source gifts and grants including services for emergency management purposes and may authorize the state, county, town and municipal officers and local units of government to receive such gifts and grants. When grants require county, town or municipal participation by a local unit of government, the state may transfer title to equipment acquired through such an agreement to between participating counties, towns and municipalities local units of government.

AB316, s. 75 Section 75. 166.03 (1) (b) 4. of the statutes is renumbered 323.12 (4) (a) and amended to read:

AB316,27,6 323.12 (4) (a) During a state of emergency, declare Declare priority of emergency management contracts over other contracts, allocate materials and facilities in his or her discretion, and take, use, and destroy, in the name of the state, private property for emergency management purposes. Such taking, use or destruction shall be in the name of the state. Records The governor shall be kept keep records of such that action and such. Those records shall be evidence of a claim against the state. Any such The claim against the state shall be referred to the claims board under s. 16.007.

AB316, s. 76 Section 76. 166.03 (1) (b) 5. of the statutes is renumbered 323.12 (4) (b) and amended to read:

AB316,27,10 323.12 (4) (b) During a state of emergency, issue Issue such orders as he or she deems necessary for the security of persons and property.

AB316, s. 77 Section 77. 166.03 (1) (b) 6. of the statutes is renumbered 323.12 (4) (c) and amended to read:

AB316,27,15 323.12 (4) (c) During a state of emergency, contract Contract on behalf of the state with any person to provide, on a cost basis, equipment and services on a cost basis to be used in to respond to a disaster relief or the imminent threat of a disaster.

AB316, s. 78 Section 78. 166.03 (1) (b) 8. of the statutes is renumbered 323.12 (4) (d) and amended to read:

AB316,27,21 323.12 (4) (d) During a state of emergency related to public health, suspend Suspend the provisions of any administrative rule if the strict compliance with that rule would prevent, hinder, or delay necessary actions to respond to the emergency and increase the health threat to the population disaster.

AB316, s. 79 Section 79. 166.03 (2) (title) of the statutes is repealed.

AB316, s. 80 Section 80. 166.03 (2) (a) (intro.) of the statutes is renumbered 323.13 (1) (intro.) and amended to read:

AB316,27,25 323.13 (1) (intro.) The adjutant general shall do all of the following:

AB316, s. 81 Section 81. 166.03 (2) (a) 1. of the statutes is renumbered 323.13 (1) (b) and amended to read:

AB316,28,14 323.13 (1) (b) Subject to approval by the governor, develop and promulgate adopt a state plan of emergency management for the security of persons and property which shall be mandatory during a state of emergency. In developing the plan, the adjutant general shall seek the advice of the administrator, shall seek the advice of the department of health services with respect to the emergency medical aspects of the plan, and shall seek the advice of the department of administration with respect to aspects of the plan related to computer or telecommunication systems. The plan shall specify equipment and personnel standards, and shall require the use of the incident command system, and specify the type of incident command system, by all emergency response agencies, including local health departments, during a state of emergency declared under sub. (1) (b) 1. or s. 166.23 (1) or in any other multi-jurisdictional or multi-agency emergency response s. 323.10 or 323.11.

AB316, s. 82 Section 82. 166.03 (2) (a) 2. of the statutes is renumbered 323.13 (1) (c) and amended to read:

AB316,29,6 323.13 (1) (c) Prescribe and carry out statewide training programs and exercises to develop emergency management proficiency, disseminate information including warnings of enemy action, serve as the principal assistant to the governor in the direction of emergency management activities, and coordinate emergency management programs between counties. The training programs shall include training in managing emergency operations utilizing the incident command system for local unit of government officials, officers, and employees whose duties include responding to emergencies a disaster or the imminent threat of a disaster, including officers and employees of local health departments. The adjutant general shall consult with the administrator, with the department of health services regarding the provision of incident command system training to local health department personnel, and with the department of administration regarding the provision of incident command system training for emergencies related to computer or telecommunication systems. To the extent possible, the adjutant general shall utilize federal funding to provide incident command system training.