Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the joint legislative council in
the bill.
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:
Prefatory note: This bill was developed by the joint legislative council's special
committee on state fire programs.
State Fire Programs Interagency Coordinating Council
Six state agencies currently administer state programs affecting local fire service
organizations throughout the state: departments of industry, labor and human relations
(DILHR), health and social services (DHSS), natural resources (DNR), transportation
(DOT), military affairs (DMA) and justice (DOJ). In addition, Wisconsin's technical
college system (WTCS), along with DILHR, are responsible for administering training
programs relating to fire fighting and fire safety.
At present, there is no mechanism for state oversight of these agencies to
coordinate their activities or to avoid or eliminate program overlaps or duplication of
effort. Additionally, no agency has been designated or established to serve as a
clearinghouse to take calls and answer inquiries in order to direct local fire departments
to the various state agencies that administer programs affecting the fire service.
This bill addresses these deficiencies in the current state fire programs system by
the creation of a state fire programs interagency coordinating council, attached to DILHR
for administrative purposes.
Membership of the council consists of 11 nonvoting members: one nonvoting
member from each of the following state agencies, appointed by the head of the agency:
DILHR, DHSS, DNR, DOT, DOJ, DMA and WTCS; and 2 nonvoting members from each
house of the legislature, appointed so as to represent the majority and minority political
parties in each house. The 7 voting public members of the council, appointed by the
governor, consist of: a fire chief of a paid fire department; a fire chief of a volunteer fire
department; a fire chief of a ch. 213 fire department; a fire fighter from a paid fire
department; a fire fighter from a volunteer fire department; a local fire inspector; and an
emergency medical technician attached to a fire department.
Members of the council serve at the pleasure of the appointing authority. The
council is required to elect its chairperson from among its members. Both DILHR and
DMA's division of emergency government are required to designate one full-time
employe to assist the council in the performance of its duties and to respond to inquiries
from the public concerning state responsibilities affecting local fire services.
Duties of the council consist of reviewing the operations and activities of all state
agency programs affecting local fire departments in order to ensure the provision of
adequate, efficient, coordinated and nonduplicative services. The review must
specifically include an evaluation of state agency:
1. Training programs to determine the reasonableness of the hours of training
required, availability of training and need for consolidation to avoid duplication;
2. Administrative districts to determine the appropriateness and feasibility of
establishing uniform districts; and
3. Advisory councils to determine their effectiveness and necessity.
The council is also required to review the administrative rules of state agencies
that affect local fire services and make necessary recommendations for revisions to the
appropriate state agency. Additionally, the council is required to make recommendations,
in bill draft form, regarding necessary changes in state law.
The existence of the council terminates on June 30 of the first complete fiscal year
commencing after the effective date of the bill (the effective date is the day after its
assigned publication date, following passage by the legislature and signing into law by
the governor). On or before the sunset date, the council is required to prepare a final
report that summarizes its recommendations and the operations and activities of the
council, including any cost savings and improvements in the delivery of state services
affecting local fire departments.
State Emergency Response Board Membership and Duties
The state emergency response board (SERB) was created by
1987 Wisconsin Act
342 and given the responsibility of administering that act, as well as Title III of the 1986
federal superfund amendments and reauthorization act, both of which pertain to
hazardous chemical substances.
The bill increases the membership of SERB to include a representative of DILHR.
SERB membership currently includes representation from the fire services. DILHR's
responsibilities regarding fire services, regulation of hazardous materials and
enforcement of training and safety standards for emergency responders is the rationale
for DILHR representation on SERB.
Additionally, the bill expands the list of specific statutory duties of SERB to include
reviewing and making recommendations regarding programs and activities of state
agencies relating to hazardous materials spills and releases, in order to ensure the
provision of adequate, efficient, coordinated and nonduplicative emergency responses
thereto.
AB746, s. 1
1Section
1. 15.227 (25) of the statutes is created to read:
AB746,3,3
115.227
(25) State fire programs interagency coordinating council. (a)
2Creation. There is created a state fire programs interagency coordinating council,
3attached to the department of industry, labor and human relations under s. 15.03.
AB746,3,54
(b)
Membership. The state fire programs interagency coordinating council
5shall consist of the following:
AB746,3,76
1. One nonvoting member from each of the following departments, appointed
7by the head of the department:
AB746,3,88
a. Industry, labor and human relations.
AB746,3,99
b. Health and social services.
AB746,3,1010
c. Natural resources.
AB746,3,1111
d. Transportation.
AB746,3,1313
f. Military affairs.
AB746,3,1514
2. One nonvoting member from the technical college system board, appointed
15by the president of the board.
AB746,3,1716
3. Two nonvoting members from each house of the legislature, appointed as
17follows:
AB746,3,1918
a. One representative to the assembly, appointed by the speaker of the
19assembly.
AB746,3,2120
b. One representative to the assembly, appointed by the minority leader of the
21assembly.
AB746,3,2222
c. One senator, appointed by the president of the senate.
AB746,3,2323
d. One senator, appointed by the minority leader of the senate.
AB746,3,2424
4. The following voting public members, appointed by the governor:
AB746,3,2525
a. A fire chief of a paid fire department.
AB746,4,1
1b. A fire chief of a volunteer fire department.
AB746,4,22
c. A fire chief of a ch. 213 fire department.
AB746,4,33
d. A fire fighter from a paid fire department.
AB746,4,44
e. A fire fighter from a volunteer fire department.
AB746,4,55
f. A local fire inspector.
AB746,4,66
g. An emergency medical technician attached to a fire department.
AB746,4,77
(c)
Terms. Members shall serve at the pleasure of the appointing authority.
AB746,4,88
(d)
Quorum. A majority of the voting members shall constitute a quorum.
AB746,4,109
(e)
Sunset. This subsection does not apply after June 30 of the first fiscal year
10commencing after the effective date of this paragraph .... [revisor inserts date].
AB746, s. 2
11Section
2. 15.315 (1) of the statutes is amended to read:
AB746,5,212
15.315
(1) State emergency response board. There is created a state
13emergency response board, which is attached to the department of military affairs
14under s. 15.03. The state emergency response board shall consist of one
15representative of the department of military affairs, division of emergency
16government, one representative of the subunit of the department of health and social
17services that administers health-related programs, one representative of the
18department of transportation, one representative of the department of natural
19resources, one representative of the department of agriculture, trade and consumer
20protection,
one representative of the department of industry, labor and human
21relations, one representative each from fire fighting, law enforcement and public or
22community health services, 2 representatives of industry, one representative of
23small business, as defined in s. 15.227 (3), 2. representatives who are elected officials
24or employes of county and municipal government, one representative of a farm or
25agricultural organization, one representative of a labor organization and one
1representative of an environmental organization. The members of the board shall
2serve at the pleasure of the governor.
AB746, s. 3
3Section
3. 101.02 (15) (bn) of the statutes is created to read:
AB746,5,94
101.02
(15) (bn) The department shall designate one full-time employe to
5assist the state fire programs interagency coordinating council in the performance
6of the council's functions under s. 101.133 and to respond to inquiries from the public
7concerning state agency responsibilities and duties affecting local fire services. This
8paragraph does not apply after June 30 of the first fiscal year commencing after the
9effective date of this paragraph .... [revisor inserts date].
AB746, s. 4
10Section
4. 101.133 of the statutes is created to read:
AB746,5,13
11101.133 State fire programs interagency coordinating council. (1)
12Duties. The state fire programs interagency coordinating council shall do all of the
13following:
AB746,5,1714
(a) Review the operations and activities of all state agency programs affecting
15local fire departments to ensure the provision of adequate, efficient, coordinated,
16nonduplicative services. The review shall include an evaluation of all of the
17following:
AB746,5,2018
1. State agency training programs to determine the reasonableness of the
19hours of training required, availability of training and need for consolidation of
20training programs to avoid duplication.
AB746,5,2221
2. Administrative districts affecting local fire services to determine the
22appropriateness and feasibility of establishing uniform administrative districts.
AB746,5,2423
3. Advisory councils with responsibilities relating to state agency programs
24affecting local fire departments to determine their effectiveness and necessity.
AB746,6,3
1(b) Examine the administrative rules of state agencies that affect local fire
2services and make necessary recommendations for revisions to the appropriate state
3agency.
AB746,6,54
(c) Prepare in bill draft form recommended changes to state law for
5presentation to the governor and the legislature.
AB746,6,136
(d) By June 30 of the first fiscal year commencing after the effective date of this
7paragraph .... [revisor inserts date], prepare and submit to the head of each agency
8with membership on the council, to the governor, and to the chief clerk of each house
9of the legislature for distribution to the appropriate standing committees under s.
1013.172 (3), a report that summarizes its recommendations and the operations and
11activities of the council, including any cost savings and improvements in the delivery
12of state services affecting local fire departments that may occur as a result of the
13implementation of the council's recommendations.
AB746,6,15
14(2) Sunset. This section does not apply after June 30 of the first fiscal year
15commencing after the effective date of this subsection .... [revisor inserts date].
AB746, s. 5
16Section
5. 166.20 (2) (g) of the statutes is created to read:
AB746,6,2117
166.20
(2) (g) Review the programs and activities of state agencies relating to
18hazardous materials spills and releases, and emergency responses thereto, to ensure
19the provision of adequate, efficient, coordinated, nonduplicative services, and make
20recommendations, as necessary, to affected state agencies, the governor and the
21legislature.
AB746, s. 6
22Section
6. 166.20 (2m) of the statutes is created to read:
AB746,7,523
166.20
(2m) Duties of the department of military affairs. The department
24of military affairs shall designate one full-time employe of the division of emergency
25government to assist the employe designated under s. 101.02 (15) (bn) in assisting
1the state fire programs interagency coordinating council in the performance of the
2council's functions under s. 101.133 and responding to inquiries from the public
3concerning state agency responsibilities and duties affecting local fire services. This
4paragraph does not apply after June 30 of the first fiscal year commencing after the
5effective date of this subsection .... [revisor inserts date].
