LRB-5808/1
MLJ&MPG:cdc
2019 - 2020 LEGISLATURE
March 26, 2020 - Introduced by Representatives B. Meyers, Billings, Considine,
Emerson, Hebl, Milroy, Neubauer, Ohnstad, Sargent, Shankland, Sinicki,
Spreitzer, C. Taylor, Zamarripa and Subeck, cosponsored by Senators
Schachtner, Bewley, Carpenter, Erpenbach, Miller, Smith, L. Taylor and
Larson. Referred to Committee on Rules.
AB1027,1,3 1An Act to renumber and amend 323.31; to amend 20.465 (3) (b); and to create
2323.31 (2) of the statutes; relating to: disaster assistance payments and
3making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Military Affairs is required to make
payments to retail electric cooperatives, local governmental units, and federally
recognized American Indian tribes and bands in this state for damages and costs
incurred as the result of certain disasters. Current law requires that the recipient
of a disaster assistance payment cover 30 percent of the amount of the damages and
costs resulting from the disaster. This bill reduces that matching requirement to 25
percent.
Additionally, the bill authorizes disaster assistance payments to be made for
costs incurred for approved hazard mitigation measures after a disaster. The bill
also requires that all of the emergency work and permanent work categories
designated by the federal emergency management agency (FEMA) be eligible for
disaster assistance payments. FEMA designates the following as emergency and
permanent work categories:
Category A: Debris removal.
Category B: Emergency protective measures.
Category C: Roads and bridges.
Category D: Water control facilities.
Category E: Buildings and equipment.

Category F: Utilities.
Category G: Parks, recreational areas, and other facilities.
Finally the bill provides $2,500,000 per fiscal year in the 2019-21 fiscal
biennium for DMA to make and administer disaster assistance payments.
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:
AB1027,1 1Section 1. 20.465 (3) (b) of the statutes is amended to read:
AB1027,2,42 20.465 (3) (b) State disaster assistance. The amounts in the schedule to
3administer and provide payments under s. 323.31 for damages and costs incurred as
4the result of a disaster.
AB1027,2 5Section 2. 323.31 of the statutes, as affected by 2019 Wisconsin Act 9, is
6renumbered 323.31 (1) and amended to read:
AB1027,3,37 323.31 (1) From the appropriations under s. 20.465 (3) (b) and (s), the adjutant
8general shall make payments to retail electric cooperatives, as defined in s. 16.957
9(1) (t), to local governmental units, as defined in s. 19.42 (7u), and to federally
10recognized American Indian tribes and bands in this state for the damages and costs
11incurred as the result of a disaster, including costs incurred for approved hazard
12mitigation measures after a disaster,
if federal disaster assistance is not available
13for that disaster because the governor's request that the president declare the
14disaster a major disaster under 42 USC 5170 has been denied or because the disaster,
15as determined by the department of military affairs, does not meet the statewide or
16countywide per capita impact indicator under the public assistance program that is
17issued by the federal emergency management agency. To be eligible for a payment
18under this section, the retail electric cooperative, local governmental unit, or tribe
19or band shall pay 30 25 percent of the amount of the damages and costs resulting from

1the disaster. The department of military affairs shall promulgate rules establishing
2the application process and the criteria for determining eligibility for payments
3under this section.
AB1027,3 4Section 3. 323.31 (2) of the statutes is created to read:
AB1027,3,75 323.31 (2) All of the emergency work and permanent work categories
6designated by the federal emergency management agency shall be eligible for
7payments under sub. (1).
AB1027,4 8Section 4 . Nonstatutory provisions.
AB1027,3,129 (1) There is authorized for the division of emergency management in the
10department of military affairs 1.0 FTE GPR Wisconsin disaster fund coordinator
11position and 2.0 FTE GPR hazard mitigation specialist positions to be funded from
12the appropriation under s. 20.465 (3) (a).
AB1027,5 13Section 5. Fiscal changes.
AB1027,3,1914 (1) In the schedule under s. 20.005 (3) for the appropriation to the department
15of military affairs under s. 20.465 (3) (a), the dollar amount for fiscal year 2019-20
16is increased by $232,000 to fund the positions authorized under Section 4 (1) of this
17act. In the schedule under s. 20.005 (3) for the appropriation to the department of
18military affairs under s. 20.465 (3) (a), the dollar amount for fiscal year 2020-21 is
19increased by $232,000 to fund the positions authorized under Section 4 (1) of this act.
AB1027,4,220 (2) In the schedule under s. 20.005 (3) for the appropriation to the department
21of military affairs under s. 20.465 (3) (b), the dollar amount for fiscal year 2019-20
22is increased by $2,500,000 to provide payments under s. 323.31. In the schedule
23under s. 20.005 (3) for the appropriation to the department of military affairs under

1s. 20.465 (3) (b), the dollar amount for fiscal year 2020-21 is increased by $2,500,000
2to provide payments under s. 323.31.
AB1027,4,33 (End)
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