LRB-3472/1
MLJ&MIM:amn&wlj
2019 - 2020 LEGISLATURE
October 25, 2019 - Introduced by Representatives Rohrkaste, Kolste, Edming,
James, Milroy, Loudenbeck, Kitchens, Billings, Stuck, Subeck, Tusler,
Petersen, Gruszynski, Dittrich, Anderson, Vruwink, Spreitzer, Sortwell,
Considine, Ohnstad and Felzkowski, cosponsored by Senators Roth,
Wanggaard, Feyen, Shilling, Cowles, Bewley, Carpenter, Tiffany, Jacque
and Testin. Referred to Committee on Criminal Justice and Public Safety.
AB568,1,5
1An Act to repeal 323.72 (5);
to amend 323.72 (title), 323.72 (1), 323.72 (2),
2323.72 (3), 323.72 (4) and 895.483 (4); and
to create 20.465 (3) (dv), 20.465 (3)
3(hm), 40.05 (2) (aw), 40.06 (8), 323.72 (2m) and 323.72 (6) of the statutes;
4relating to: a statewide urban search and rescue task force and making an
5appropriation.
Analysis by the Legislative Reference Bureau
Under current law, a regional structural collapse team contracted with the
Division of Emergency Management in the Department of Military Affairs is
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.
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.
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:
AB568,2
3Section
2. 20.465 (3) (dv) of the statutes is created to read:
AB568,2,64
20.465
(3) (dv)
Urban search and rescue task force. The amounts in the
5schedule for training and equipment for an urban search and rescue task force under
6s. 323.72.
AB568,3
7Section
3. 20.465 (3) (hm) of the statutes is created to read:
AB568,3,10
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.
AB568,4
11Section 4
. 40.05 (2) (aw) of the statutes is created to read:
AB568,3,1912
40.05
(2) (aw) For purposes of this subsection, the participating employer of an
13employee subject to s. 40.65 who is on a deployment, training, or readiness exercise
14as the member of an urban search and rescue task force under a contract under s.
15323.72 (1) is the local agency, and the local agency shall contribute any additional
16percentage or percentages related to the deployment, training, or readiness exercises
17under a contract under s. 323.72 (1) as calculated by the actuary under s. 40.03 (5)
18(c). A local agency may seek reimbursement from the department of military affairs
19under s. 323.72 (2m).
AB568,5
20Section
5. 40.06 (8) of the statutes is created to read:
AB568,3,2421
40.06
(8) For periods during which a protective occupation participant who is
22a participating employee is on a deployment, training, or readiness exercise with an
23urban search and rescue task force under a contract under s. 323.72 (1), all of the
24following shall apply:
AB568,4,2
1(a) The employer remits required contributions to the department under s.
240.05 (1) (a) and (2) (a).
AB568,4,53
(b) The employer reports to the department service and earnings that are at
4least the same rate the employee would have received if the employee had not been
5on the deployment, training, or readiness exercise.
AB568,6
6Section
6. 323.72 (title) of the statutes is amended to read:
AB568,4,8
7323.72 (title)
Structural collapse Urban search and rescue emergency
8response.
AB568,7
9Section
7. 323.72 (1) of the statutes is amended to read:
AB568,5,510
323.72
(1) A regional structural collapse team An urban search and rescue task
11force designated by the division shall assist in
the any emergency response
to a
12structural collapse incident in a region of this state designated by the division 13involving search, rescue, and recovery in the technical rescue disciplines to include
14structural collapse, rope rescue, vehicle extrication, machinery extrication, confined
15space, trench, excavation, and water operations in an urban search and rescue
16environment. Whenever
a regional structural collapse team an urban search and
17rescue task force assists in an emergency response under this subsection,
it the
18division shall determine
under the rules promulgated under sub. (5) whether an
19emergency requiring the
team's urban search and rescue task force's response
20existed. If the
regional structural collapse team
division determines that such an
21emergency existed, it shall make a good faith effort to identify the person who is
22required to reimburse the division under sub. (3)
and shall provide that information
23to the division. The division shall contract with local agencies, as defined in s. 323.70
24(1) (b), to establish
no more than 4 regional structural collapse teams an urban search
25and rescue task force. A member of
a regional structural collapse team an urban
1search and rescue task force shall meet the
highest training, competency, and job
2performance requirement standards for a
structural collapse team search and rescue
3task force under the National Fire Protection Association standards NFPA
472, 41006
, and 1670
, and the urban search and rescue standard by the Emergency
5Management Accreditation program ANSI/EMAP 1-2016.
AB568,8
6Section 8
. 323.72 (2) of the statutes is amended to read:
AB568,5,207
323.72
(2) The From the appropriation under s. 20.465 (3) (h) or (hm), the 8division shall reimburse a
regional structural collapse team local agency under sub.
9(1) for costs incurred by the
team local agency in responding to an emergency
10involving a structural collapse incident if the team determines that a structural
11collapse emergency requiring
a an urban search and rescue task force response
12existed as provided under the rules promulgated under sub. (5) if the division
13determines that such a response was necessary. Reimbursement under this
14subsection
is limited to amounts collected under sub. (3). Reimbursement under this
15subsection is available only if the regional structure collapse team has identified the
16person who is required to reimburse the division under sub. (3) and provided that
17information to the division shall be issued to the local agency within 60 days after
18receiving an application for reimbursement if the agency applies for reimbursement
19within 45 days after the conclusion of the deployment of the urban search and rescue
20task force.
AB568,9
21Section 9
. 323.72 (2m) of the statutes is created to read:
AB568,6,222
323.72
(2m) From the appropriation under s. 20.465 (3) (hm), the division shall
23reimburse a local agency under sub. (1) for costs incurred by the local agency for any
24increase in contributions for duty disability premiums under s. 40.05 (2) (aw) for
25employees who receive duty disability benefits under s. 40.65 because of an injury
1incurred while performing duties as a member of an urban search and rescue task
2force under sub. (1).
AB568,10
3Section
10. 323.72 (3) of the statutes is amended to read:
AB568,6,84
323.72
(3) A person shall reimburse the division for costs incurred by
a regional
5structural collapse team an urban search and rescue task force in responding to an
6emergency if the
team division determines
under the rules promulgated under sub.
7(5) that an emergency requiring the
team's
urban search and rescue task force's 8response existed and that one of the following conditions applies:
AB568,6,109
(a) The person possessed or controlled a
structure
property that was involved
10in the
structural collapse emergency.
AB568,6,1111
(b) The person caused the
structural collapse
emergency.
AB568,11
12Section
11. 323.72 (4) of the statutes is amended to read:
AB568,6,1513
323.72
(4) A member of
a regional structural collapse team an urban search
14and rescue task force who is acting under a contract under sub. (1) is considered an
15employee of the state for purposes of worker's compensation benefits.
AB568,12
16Section
12. 323.72 (5) of the statutes is repealed.
AB568,13
17Section
13. 323.72 (6) of the statutes is created to read:
AB568,6,2118
323.72
(6) In this section, “urban search and rescue task force” means a type
191 urban search and rescue task force, type 3 urban search and rescue task force, or
20any component thereof, as designated by the Federal Emergency Management
21Agency National Incident Management System resource typing system.
AB568,14
22Section 14
. 895.483 (4) of the statutes is amended to read:
AB568,7,323
895.483
(4) A regional structural collapse team An urban search and rescue
24task force, a member of such a
team task force, and a local agency, as defined in s.
25323.70 (1) (b), that contracts with the division of emergency management in the
1department of military affairs for the provision of
a regional structural collapse team 2emergency services, are immune from civil liability for acts or omissions related to
3carrying out responsibilities under a contract under s. 323.72 (1).