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LRB-6020/1
MLJ:amn/cjs/emw
2021 - 2022 LEGISLATURE
February 17, 2022 - Introduced by Law Revision Committee. Referred to
Committee on Rules.
AB1025,1,6 1An Act to amend 20.465 (3) (t), 321.66 (1) (a) 1., 321.66 (1) (a) 2., 323.14 (1) (b)
22., 323.45 (1) (a) and 323.60 (11) (c) of the statutes; relating to: providing
3equipment under 1989 Wisconsin Act 31, hazardous substances safety data
4sheets, and the designation of a head of emergency management for cities,
5villages, and towns (suggested as remedial legislation by the Department of
6Military Affairs).
Analysis by the Legislative Reference Bureau
One-time purchase of equipment under 1989 Wisconsin Act 31
Under current law, the Department of Military Affairs emergency response
training appropriation provides that one of the allowed expenditures is to provide
equipment under 1989 Wisconsin Act 31. This bill removes that language as the
one-time purchase of such equipment has been completed.
Safety data sheets
Current law relating to hazardous substances information and emergency
planning refers to “material safety data sheets.” This bill removes the word
“material” to conform the statute with current federal terminology.
County, city, village, and town heads of emergency management
Under current law, each county board must designate a head of “emergency
management” and the governing body of each city, village, or town must designate

a head of “emergency management services.” This bill provides that the governing
body of each city, village, or town must designate a head of “emergency
management,” consistent with what is required of county boards, and also changes
other statutory references to be head of “emergency management” for consistency.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Military Affairs and introduced by the Law
Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of
the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
AB1025,1 1Section 1. 20.465 (3) (t) of the statutes is amended to read:
AB1025,2,62 20.465 (3) (t) Emergency response training — environmental fund. Biennially,
3from the environmental fund, the amounts in the schedule for the division of
4emergency management to provide training for emergency response to releases of
5hazardous substances and for providing equipment under 1989 Wisconsin Act 31,
6section 3039 (1q)
.
Note: This Section repeals obsolete authority regarding the use of amounts in the
environmental fund.
AB1025,2 7Section 2 . 321.66 (1) (a) 1. of the statutes is amended to read:
AB1025,2,128 321.66 (1) (a) 1. A search and rescue mission designated by the U.S. air force
9rescue coordination center; the governor; the adjutant general; or the governing
10body, chief or acting chief executive officer, or head of emergency management
11services of any county, city, village, town, or federally recognized American Indian
12tribe or band in this state.
AB1025,3 13Section 3. 321.66 (1) (a) 2. of the statutes is amended to read:
AB1025,3,9
1321.66 (1) (a) 2. An operation to provide disaster relief or humanitarian
2services, when requested by the federal emergency management agency; the first air
3force of the U.S. air force; the Civil Air Patrol national operations center; the
4governor; the adjutant general; the governing body, chief or acting chief executive
5officer, or head of emergency management services of any county, city, village, town,
6or federally recognized American Indian tribe or band in this state; or, in the case of
7a public health emergency, as defined in s. 323.02 (16), the department of health
8services, if that department is designated by the governor under s. 323.10, or a local
9health department acting under s. 251.05 (3) (e).
AB1025,4 10Section 4. 323.14 (1) (b) 2. of the statutes is amended to read:
AB1025,3,1211 323.14 (1) (b) 2. The governing body of each city, village, or town shall designate
12a head of emergency management services.
AB1025,5 13Section 5 . 323.45 (1) (a) of the statutes is amended to read:
AB1025,3,1914 323.45 (1) (a) Under the direction of the governor, the adjutant general, the
15governing body, chief or acting chief executive officer, or head of emergency
16management services of any local unit of government or federally recognized
17American Indian tribe or band in this state, the department of health services if that
18department is designated by the governor under s. 323.10, or the local health
19department acting under s. 251.05 (3) (e).
Note: Sections 2 to 5 change statutory references from “head of emergency
management services” to “head of emergency management” to provide consistency with
other such references in current law.
AB1025,6 20Section 6. 323.60 (11) (c) of the statutes is amended to read:
AB1025,4,221 323.60 (11) (c) Any person who violates sub. (5) (e) or (f) or the material safety
22data sheet requirements of 42 USC 11021, as applied under sub. (5) (c), or any rule

1promulgated under sub. (5) (e) or (f) or concerning material safety data sheet
2requirements shall forfeit not less than $50 nor more than $10,000.
Note: This Section changes statutory references from “material safety data
sheets” to “safety data sheets” in order to reflect current practice by the Department of
Military Affairs.
AB1025,4,33 (End)
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