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LRB-3368/1
MLJ:cdc
2021 - 2022 LEGISLATURE
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.
SB374,1,8 1An Act to repeal 323.70 (7) and 323.72 (5); to consolidate, renumber and
2amend
323.72 (3) (intro.) and (b); to amend 20.465 (3) (dr), 20.465 (3) (jt),
3323.70 (3), 323.70 (4) (intro.), 323.71 (3), 323.71 (4) (b), 323.72 (title), 323.72 (1),
4323.72 (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),
6323.72 (6) and 323.72 (7) of the statutes; relating to: a statewide urban search
7and rescue task force, regional emergency response teams, and making an
8appropriation.
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

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.

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:
SB374,1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF
SB374,2 3Section 2. 20.465 (3) (dr) of the statutes is amended to read:
SB374,3,84 20.465 (3) (dr) Emergency response supplement. As a continuing
5appropriation, the amounts in the schedule to be used for response costs of a regional
6emergency response team that are not reimbursed from the appropriation under s.
7323.70 (3) or (4) 20.465 (3) (jt) and for response costs of a local agency that are not
8reimbursed under s. 323.71 (4).
SB374,3 9Section 3 . 20.465 (3) (dv) of the statutes is created to read:
SB374,3,1210 20.465 (3) (dv) Urban search and rescue task force. The amounts in the
11schedule for training and equipment for an urban search and rescue task force under
12s. 323.72.
SB374,4 13Section 4. 20.465 (3) (hm) of the statutes is created to read:
SB374,4,10
120.465 (3) (hm) Urban search and rescue task force supplement. As a
2continuing appropriation, the amounts in the schedule to be used for response costs
3of a local agency for an urban search and rescue task force deployment under s.
4323.72 (1) and for reimbursement to a local agency for any increase in contributions
5for duty disability premiums under s. 40.05 (2) (aw) for employees who receive duty
6disability benefits under s. 40.65 because of an injury incurred while performing
7duties as a member of an urban search and rescue task force under a contract under
8s. 323.72 (1). All moneys received under s. 323.72 (3) as reimbursement for expenses
9incurred for an urban search and rescue task force response shall be credited to this
10appropriation account.
SB374,5 11Section 5. 20.465 (3) (jt) of the statutes is amended to read:
SB374,4,2112 20.465 (3) (jt) Regional emergency response reimbursement. All moneys
13received by the division of emergency management under s. 323.70 (4) for
14reimbursement of regional emergency response teams under s. 323.70 (3), and for
15reimbursement to a local agency for any increase in contributions for duty disability
16premiums under s. 40.05 (2) (ax) for employees who receive duty disability benefits
17under s. 40.65 because of an injury incurred while performing duties as a member
18of a regional emergency response team under a contract under s. 323.70 (2). All
19moneys received under s. 323.70 (4) as reimbursement for expenses incurred for a
20regional emergency response team response shall be credited to this appropriation
21account
.
SB374,6 22Section 6 . 40.05 (2) (aw) of the statutes is created to read:
SB374,5,523 40.05 (2) (aw) For purposes of this subsection, the participating employer of an
24employee subject to s. 40.65 who is on a deployment, training, or readiness exercise
25as the member of an urban search and rescue task force under a contract under s.

1323.72 (1) is the local agency, and the local agency shall contribute any additional
2percentage or percentages related to the deployment, training, or readiness exercises
3under 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
5under s. 323.72 (2m).
SB374,7 6Section 7. 40.05 (2) (ax) of the statutes is created to read:
SB374,5,157 40.05 (2) (ax) For purposes of this subsection, the participating employer of an
8employee subject to s. 40.65 who is responding to an emergency involving a level A
9release, or a potential level A release as a member of a regional emergency response
10team under a contract under s. 323.70 (2) is the local agency, and the local agency
11shall contribute any additional percentage or percentages related to response to an
12emergency involving a level A release, or a potential level A release under a contract
13under s. 323.70 (2) as calculated by the actuary under s. 40.03 (5) (c). A local agency
14may seek reimbursement from the department of military affairs under s. 323.70
15(3m).
SB374,8 16Section 8. 40.06 (8) of the statutes is created to read:
SB374,5,2017 40.06 (8) For periods during which a protective occupation participant who is
18a participating employee is on a deployment, training, or readiness exercise with an
19urban search and rescue task force under a contract under s. 323.72 (1), all of the
20following shall apply:
SB374,5,2221 (a) The employer remits required contributions to the department under s.
2240.05 (1) (a) and (2) (a).
SB374,5,2523 (b) The employer reports to the department service and earnings that are at
24least the same rate the employee would have received if the employee had not been
25on the deployment, training, or readiness exercise.
SB374,9
1Section 9. 40.06 (9) of the statutes is created to read:
SB374,6,52 40.06 (9) For periods during which a protective occupation participant who is
3a participating employee is responding to an emergency involving a level A release,
4or a potential level A release as a member of a regional emergency response team
5under a contract under s. 323.70 (2), all of the following shall apply:
SB374,6,76 (a) The employer remits required contributions to the department under s.
740.05 (1) (a) and (2) (a).
SB374,6,108 (b) The employer reports to the department service and earnings that are at
9least the same rate the employee would have received if the employee had not been
10responding to an emergency involving a level A release or potential level A release.
SB374,10 11Section 10. 323.70 (3) of the statutes is amended to read:
SB374,7,312 323.70 (3) The From the appropriations under s. 20.465 (3) (dr) and (jt), the
13division shall reimburse a regional emergency response team local agency
14contracted under sub. (2)
for costs incurred by the team in responding to an
15emergency involving a level A release, or a potential level A release, if the team
16followed the procedures in the rules promulgated under sub. (7) (b) to determine if

17division determines that an emergency requiring a the response existed.
18Reimbursement under this subsection is limited to amounts collected under sub. (4)
19and the amounts appropriated under s. 20.465 (3) (dr). Reimbursement is available
20under s. 20.465 (3) (dr) only if the regional emergency response team has made a good
21faith effort to identify the person responsible under sub. (4) and that person cannot
22be identified, or, if that person is identified, the team has received reimbursement
23from that person to the extent that the person is financially able or has determined
24that the person does not have adequate money or other resources to reimburse the
25regional emergency response team
shall be issued to the local agency within 60 days

1after receiving a complete application for reimbursement on a form prescribed by the
2division if the agency applies for reimbursement within 45 days after the conclusion
3of the deployment of the regional emergency response team
.
SB374,11 4Section 11. 323.70 (3m) of the statutes is created to read:
SB374,7,105 323.70 (3m) From the appropriation under s. 20.465 (3) (jt), the division shall
6reimburse a local agency under sub. (1) for costs incurred by the local agency for any
7increase in contributions for duty disability premiums under s. 40.05 (2) (ax) for
8employees who receive duty disability benefits under s. 40.65 because of an injury
9incurred while performing duties as a member of regional emergency response team
10under sub. (2).
SB374,12 11Section 12. 323.70 (4) (intro.) of the statutes is amended to read:
SB374,7,1612 323.70 (4) (intro.) A person shall reimburse the division for costs incurred by
13a regional emergency response team in responding to an emergency involving a level
14A release or a potential level A release if the team followed the procedures
15established under sub. (7) (b) to determine if
an emergency requiring the team's
16response existed and if any of the following conditions applies:
SB374,13 17Section 13. 323.70 (7) of the statutes is repealed.
SB374,14 18Section 14. 323.71 (3) of the statutes is amended to read:
SB374,8,919 323.71 (3) The From the appropriation under s. 20.465 (3) (dr), the division
20shall reimburse a local emergency response team for costs incurred by the team in
21responding to an emergency involving a hazardous substance release, or potential
22release, 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
24response existed. Reimbursement under this subsection is limited to the amount
25appropriated under s. 20.465 (3) (dr).
Reimbursement is available under s. 20.465

1(3) (dr) only if the local emergency response team has made a good faith effort to
2identify the person responsible under sub. (4) and that person cannot be identified,
3or, if that person is identified, the team has received reimbursement from that person
4to the extent that the person is financially able or has determined that the person
5does not have adequate money or other resources to reimburse the local emergency
6response team. Reimbursement under this subsection shall be issued to the local
7agency within 60 days after receiving a complete application for reimbursement on
8a form prescribed by the division if the agency applies for reimbursement within 45
9days after the conclusion of the deployment of the local emergency response team.
SB374,15 10Section 15. 323.71 (4) (b) of the statutes is amended to read:
SB374,8,1411 323.71 (4) (b) A local emergency response team may receive reimbursement
12under 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
14response existed.
SB374,16 15Section 16. 323.72 (title) of the statutes is amended to read:
SB374,8,17 16323.72 (title) Structural collapse Urban search and rescue emergency
17response.
SB374,17 18Section 17. 323.72 (1) of the statutes is amended to read:
SB374,9,1519 323.72 (1) A regional structural collapse team An urban search and rescue task
20force designated by the division
shall assist in the at the direction of the division in
21an
emergency response to a structural collapse incident in a region of this state
22designated by the division
involving search, rescue, and recovery in the technical
23rescue disciplines to include structural collapse, rope rescue, vehicle extrication,
24machinery extrication, confined space, trench, excavation, and water operations in
25an urban search and rescue environment
. Whenever a regional structural collapse

1team
an urban search and rescue task force assists in an emergency response under
2this subsection, it the division shall determine under the rules promulgated under
3sub. (5)
whether an emergency requiring the team's urban search and rescue task
4force's
response existed. If the regional structural collapse team division determines
5that such an emergency existed, it shall make a good faith effort to identify the
6person who is required to reimburse the division under sub. (3) and shall provide that
7information to the division
. The division shall contract with local agencies, as
8defined in s. 323.70 (1) (b), to establish no more than 4 regional structural collapse
9teams
an urban search and rescue task force. A member of a regional structural
10collapse team
an urban search and rescue task force shall meet the highest most
11current training, competency, and job performance requirement
standards for a
12structural collapse team under search and rescue task force issued by the National
13Fire Protection Association standards NFPA 1006 and 1670 and the most current
14version of the urban search and rescue standard issued by the Emergency
15Management Accreditation program
.
SB374,18 16Section 18 . 323.72 (2) of the statutes is amended to read:
SB374,9,2517 323.72 (2) The From the appropriation under s. 20.465 (3) (h) or (hm), the
18division shall reimburse a regional structural collapse team local agency under sub.
19(1)
for costs incurred by the team local agency in responding to an emergency
20involving a structural collapse incident if the team determines that a structural
21collapse emergency
requiring a an urban search and rescue task force response
22existed as provided under the rules promulgated under sub. (5) if the division
23determines that such a response was necessary
. Reimbursement under this
24subsection is limited to amounts collected under sub. (3). Reimbursement under this
25subsection is available only if the regional structure collapse team has identified the

1person who is required to reimburse the division under sub. (3) and provided that
2information to the division
shall be issued to the local agency within 60 days after
3receiving a complete application for reimbursement on a form prescribed by the
4division if the agency applies for reimbursement within 45 days after the conclusion
5of the deployment of the urban search and rescue task force
.
SB374,19 6Section 19 . 323.72 (2m) of the statutes is created to read:
SB374,10,127 323.72 (2m) From the appropriation under s. 20.465 (3) (hm), the division shall
8reimburse a local agency under sub. (1) for costs incurred by the local agency for any
9increase in contributions for duty disability premiums under s. 40.05 (2) (aw) for
10employees who receive duty disability benefits under s. 40.65 because of an injury
11incurred while performing duties as a member of an urban search and rescue task
12force under sub. (1).
SB374,20 13Section 20. 323.72 (3) (intro.) and (b) of the statutes are consolidated,
14renumbered 323.72 (3) and amended to read:
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