LRB-3368/1

MLJ:cdc

2021 - 2022 LEGISLATURE

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.

SB374,1,8 An Act to repeal 323.70 (7) and 323.72 (5); to consolidate, renumber and amend 323.72 (3) (intro.) and (b); to amend 20.465 (3) (dr), 20.465 (3) (jt), 323.70 (3), 323.70 (4) (intro.), 323.71 (3), 323.71 (4) (b), 323.72 (title), 323.72 (1), 323.72 (2), 323.72 (4) and 895.483 (4); and to create 20.465 (3) (dv), 20.465 (3) (hm), 40.05 (2) (aw), 40.05 (2) (ax), 40.06 (8), 40.06 (9), 323.70 (3m), 323.72 (2m), 323.72 (6) and 323.72 (7) of the statutes; relating to: a statewide urban search and rescue task force, regional emergency response teams, and making an 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 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 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

SB374,2 Section 2. 20.465 (3) (dr) of the statutes is amended to read:

SB374,3,8 20.465 (3) (dr) Emergency response supplement. As a continuing appropriation, the amounts in the schedule to be used for response costs of a regional emergency response team that are not reimbursed from the appropriation under s. 323.70 (3) or (4) 20.465 (3) (jt) and for response costs of a local agency that are not reimbursed under s. 323.71 (4).

SB374,3 Section 3 . 20.465 (3) (dv) of the statutes is created to read:

SB374,3,12 20.465 (3) (dv) Urban search and rescue task force. The amounts in the schedule for training and equipment for an urban search and rescue task force under s. 323.72.