2021 - 2022 LEGISLATURE
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2021 SENATE BILL 374
May 25, 2021 - Introduced by Senators BALLWEG, WANGGAARD, BERNIER, BEWLEY,
FEYEN, JACQUE, NASS and RINGHAND, cosponsored by Representatives
LOUDENBECK, DALLMAN, BORN, JAMES, KERKMAN, MILROY, MOSES, MURSAU,
OLDENBURG, PETERSEN, PLUMER, SHANKLAND, SORTWELL, SPREITZER,
THIESFELDT and TUSLER. Referred to Committee on Veterans and Military
Affairs and Constitution and Federalism.
1 AN ACT to repeal 323.70 (7) and 323.72 (5); to consolidate, renumber and
2 amend 323.72 (3) (intro.) and (b); to amend 20.465 (3) (dr), 20.465 (3) (jt),
3 323.70 (3), 323.70 (4) (intro.), 323.71 (3), 323.71 (4) (b), 323.72 (title), 323.72 (1),
4 323.72 (2), 323.72 (4) and 895.483 (4); and to create 20.465 (3) (dv), 20.465 (3)
5 (hm), 40.05 (2) (aw), 40.05 (2) (ax), 40.06 (8), 40.06 (9), 323.70 (3m), 323.72 (2m),
6 323.72 (6) and 323.72 (7) of the statutes; relating to: a statewide urban search
7 and rescue task force, regional emergency response teams, and making an
8 appropriation.
Analysis by the Legislative Reference Bureau
Under current law, regional structural collapse teams comprised of fire and
rescue personnel from local agencies contract with the Division of Emergency
Management in the Department of Military Affairs. The teams are required to
respond to structural collapse incidents that meet criteria established by the
division. Under current law, a team may respond only to incidents of structural
collapse. This bill changes the team's designation from being a structural collapse
team to an urban search and rescue task force, as designated by the National Fire
Protection Association and Emergency Management Accreditation program
standards. This change allows an urban search and rescue task force to respond to
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SENATE BILL 374
any incident involving structural collapse, rope rescue, vehicle extrication,
machinery extrication, confined space, trench, excavation, and water operations.
Under current law, when a regional structural collapse team responds to an
incident, the team must make a good faith effort to identify the party who is
responsible for the structural collapse and provide that information to the Division
of Emergency Management to seek reimbursement from that party. Any
reimbursement to a regional structural collapse team is limited to the amounts
collected by the Division of Emergency Management. Under the bill, this limitation
on reimbursement is removed, and DMA must reimburse within 60 days local
agencies that provided services as part of an urban search and rescue task force if
agencies apply for reimbursement within 45 days of the conclusion of the task force's
deployment. DMA may seek reimbursement for those services from any responsible
party.
Under current law, regional emergency response teams consisting of hazardous
materials responders from local agencies are contracted with the Division of
Emergency Management. The teams are required to respond to certain releases of
hazardous materials. Under current law, the Division of Emergency Management
reimburses teams for response costs only if the team has made a good faith effort to
identify the person responsible for the release 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. Under this bill, this limitation on reimbursement is
removed, and DMA must reimburse within 60 days local agencies that provided
services as part of a hazardous materials release emergency if agencies apply for
reimbursement within 45 days of the conclusion of the response team's deployment.
DMA may seek reimbursement for those services from any responsible party.
Under current law, local emergency response teams that respond to hazardous
materials emergencies may seek reimbursement from the Division of Emergency
Management if the team has responded in accordance with DMA rules for response
and if the team has made a good faith effort to identify and seek reimbursement from
the person responsible for the release 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. Under this bill, DMA must reimburse within 60 days local agencies
that provided services if the local agency applies for reimbursement within 45 days
of the conclusion of the response team's deployment.
The bill also allows DMA to reimburse a local agency for any increase in
contributions for duty disability premiums because an employee incurred an injury
while performing duties as a member of an urban search and rescue task force or a
regional emergency response team.
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SENATE BILL 374
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1 SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2 the following amounts for the purposes indicated:
2021-22 2022-23
3 20.465 Military affairs, Department of
4 (3) EMERGENCY MANAGEMENT SERVICES
5 (dv) Urban search and rescue task
6 force GPR A -0- -0-
7 (hm) Urban search and rescue task
8 force supplement PR C -0- -0-
9 SECTION 2. 20.465 (3) (dr) of the statutes is amended to read:
10 20.465 (3) (dr) Emergency response supplement. As a continuing
11 appropriation, the amounts in the schedule to be used for response costs of a regional
12 emergency response team that are not reimbursed from the appropriation under s.
13 323.70 (3) or (4) 20.465 (3) (jt) and for response costs of a local agency that are not
14 reimbursed under s. 323.71 (4).
15 SECTION 3. 20.465 (3) (dv) of the statutes is created to read:
16 20.465 (3) (dv) Urban search and rescue task force. The amounts in the
17 schedule for training and equipment for an urban search and rescue task force under
18 s. 323.72.
19 SECTION 4. 20.465 (3) (hm) of the statutes is created to read:
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SENATE BILL 374 SECTION 4
1 20.465 (3) (hm) Urban search and rescue task force supplement. As a
2 continuing appropriation, the amounts in the schedule to be used for response costs
3 of a local agency for an urban search and rescue task force deployment under s.
4 323.72 (1) and for reimbursement to a local agency for any increase in contributions
5 for duty disability premiums under s. 40.05 (2) (aw) for employees who receive duty
6 disability benefits under s. 40.65 because of an injury incurred while performing
7 duties as a member of an urban search and rescue task force under a contract under
8 s. 323.72 (1). All moneys received under s. 323.72 (3) as reimbursement for expenses
9 incurred for an urban search and rescue task force response shall be credited to this
10 appropriation account.
11 SECTION 5. 20.465 (3) (jt) of the statutes is amended to read:
12 20.465 (3) (jt) Regional emergency response reimbursement. All moneys
13 received by the division of emergency management under s. 323.70 (4) for
14 reimbursement of regional emergency response teams under s. 323.70 (3), and for
15 reimbursement to a local agency for any increase in contributions for duty disability
16 premiums under s. 40.05 (2) (ax) for employees who receive duty disability benefits
17 under s. 40.65 because of an injury incurred while performing duties as a member
18 of a regional emergency response team under a contract under s. 323.70 (2). All
19 moneys received under s. 323.70 (4) as reimbursement for expenses incurred for a
20 regional emergency response team response shall be credited to this appropriation
21 account.
22 SECTION 6. 40.05 (2) (aw) of the statutes is created to read:
23 40.05 (2) (aw) For purposes of this subsection, the participating employer of an
24 employee subject to s. 40.65 who is on a deployment, training, or readiness exercise
25 as the member of an urban search and rescue task force under a contract under s.
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SENATE BILL 374 SECTION 6
1 323.72 (1) is the local agency, and the local agency shall contribute any additional
2 percentage or percentages related to the deployment, training, or readiness exercises
3 under a contract under s. 323.72 (1) as calculated by the actuary under s. 40.03 (5)
4 (c). A local agency may seek reimbursement from the department of military affairs
5 under s. 323.72 (2m).
6 SECTION 7. 40.05 (2) (ax) of the statutes is created to read:
7 40.05 (2) (ax) For purposes of this subsection, the participating employer of an
8 employee subject to s. 40.65 who is responding to an emergency involving a level A
9 release, or a potential level A release as a member of a regional emergency response
10 team under a contract under s. 323.70 (2) is the local agency, and the local agency
11 shall contribute any additional percentage or percentages related to response to an
12 emergency involving a level A release, or a potential level A release under a contract
13 under s. 323.70 (2) as calculated by the actuary under s. 40.03 (5) (c). A local agency
14 may seek reimbursement from the department of military affairs under s. 323.70
15 (3m).
16 SECTION 8. 40.06 (8) of the statutes is created to read:
17 40.06 (8) For periods during which a protective occupation participant who is
18 a participating employee is on a deployment, training, or readiness exercise with an
19 urban search and rescue task force under a contract under s. 323.72 (1), all of the
20 following shall apply:
21 (a) The employer remits required contributions to the department under s.
22 40.05 (1) (a) and (2) (a).
23 (b) The employer reports to the department service and earnings that are at
24 least the same rate the employee would have received if the employee had not been
25 on the deployment, training, or readiness exercise.
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SENATE BILL 374 SECTION 9
1 SECTION 9. 40.06 (9) of the statutes is created to read:
2 40.06 (9) For periods during which a protective occupation participant who is
3 a participating employee is responding to an emergency involving a level A release,
4 or a potential level A release as a member of a regional emergency response team
5 under a contract under s. 323.70 (2), all of the following shall apply:
6 (a) The employer remits required contributions to the department under s.
7 40.05 (1) (a) and (2) (a).
8 (b) The employer reports to the department service and earnings that are at
9 least the same rate the employee would have received if the employee had not been
10 responding to an emergency involving a level A release or potential level A release.
11 SECTION 10. 323.70 (3) of the statutes is amended to read:
12 323.70 (3) The From the appropriations under s. 20.465 (3) (dr) and (jt), the
13 division shall reimburse a regional emergency response team local agency
14 contracted under sub. (2) for costs incurred by the team in responding to an
15 emergency involving a level A release, or a potential level A release, if the team
16 followed the procedures in the rules promulgated under sub. (7) (b) to determine if
17 division determines that an emergency requiring a the response existed.
18 Reimbursement under this subsection is limited to amounts collected under sub. (4)
19 and the amounts appropriated under s. 20.465 (3) (dr). Reimbursement is available
20 under s. 20.465 (3) (dr) only if the regional emergency response team has made a good
21 faith effort to identify the person responsible under sub. (4) and that person cannot
22 be identified, or, if that person is identified, the team has received reimbursement
23 from that person to the extent that the person is financially able or has determined
24 that the person does not have adequate money or other resources to reimburse the
25 regional emergency response team shall be issued to the local agency within 60 days
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SENATE BILL 374 SECTION 10
1 after receiving a complete application for reimbursement on a form prescribed by the
2 division if the agency applies for reimbursement within 45 days after the conclusion
3 of the deployment of the regional emergency response team.
4 SECTION 11. 323.70 (3m) of the statutes is created to read:
5 323.70 (3m) From the appropriation under s. 20.465 (3) (jt), the division shall
6 reimburse a local agency under sub. (1) for costs incurred by the local agency for any
7 increase in contributions for duty disability premiums under s. 40.05 (2) (ax) for
8 employees who receive duty disability benefits under s. 40.65 because of an injury
9 incurred while performing duties as a member of regional emergency response team
10 under sub. (2).
11 SECTION 12. 323.70 (4) (intro.) of the statutes is amended to read:
12 323.70 (4) (intro.) A person shall reimburse the division for costs incurred by
13 a regional emergency response team in responding to an emergency involving a level
14 A release or a potential level A release if the team followed the procedures
15 established under sub. (7) (b) to determine if an emergency requiring the team's
16 response existed and if any of the following conditions applies:
17 SECTION 13. 323.70 (7) of the statutes is repealed.
18 SECTION 14. 323.71 (3) of the statutes is amended to read:
19 323.71 (3) The From the appropriation under s. 20.465 (3) (dr), the division
20 shall reimburse a local emergency response team for costs incurred by the team in
21 responding to an emergency involving a hazardous substance release, or potential
22 release, if the team followed the procedures in the rules promulgated under s. 323.70
23 (7) (c) to determine if division determines that an emergency requiring the team's
24 response existed. Reimbursement under this subsection is limited to the amount
25 appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465
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SENATE BILL 374 SECTION 14
1 (3) (dr) only if the local emergency response team has made a good faith effort to
2 identify the person responsible under sub. (4) and that person cannot be identified,
3 or, if that person is identified, the team has received reimbursement from that person
4 to the extent that the person is financially able or has determined that the person
5 does not have adequate money or other resources to reimburse the local emergency
6 response team. Reimbursement under this subsection shall be issued to the local
7 agency within 60 days after receiving a complete application for reimbursement on
8 a form prescribed by the division if the agency applies for reimbursement within 45
9 days after the conclusion of the deployment of the local emergency response team.
10 SECTION 15. 323.71 (4) (b) of the statutes is amended to read:
11 323.71 (4) (b) A local emergency response team may receive reimbursement
12 under par. (a) only if the team followed the procedures established under s. 323.70
13 (7) (c) to determine if division determines that an emergency requiring the team's
14 response existed.
15 SECTION 16. 323.72 (title) of the statutes is amended to read:
16 323.72 (title) Structural collapse Urban search and rescue emergency
17 response.
18 SECTION 17. 323.72 (1) of the statutes is amended to read:
19 323.72 (1) A regional structural collapse team An urban search and rescue task
20 force designated by the division shall assist in the at the direction of the division in
21 an emergency response to a structural collapse incident in a region of this state
22 designated by the division involving search, rescue, and recovery in the