LRBs0493/1
RPN:skg&mkd:ks
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 847
February 19, 1996 - Offered by Representative Musser.
AB847-ASA1,1,12
1An Act to amend 15.07 (1) (cm), 15.313 (1), 15.315 (1), 20.465 (3) (title), (a) and
2(g), 21.20, 66.146 (1) (a), 70.11 (23), 87.305 (1) (c) (intro.), 101.143 (3) (a) 5.,
3102.475 (title) and (1), 132.17, 146.53 (5) (i), chapter 166 (title), 166.01, 166.02
4(3) and (4) (intro.), 166.03 (title), 166.03 (1) (a) 1. to 4., 166.03 (1) (b) 2. to 4.,
5166.03 (2) (a) 1. to 3., 166.03 (2) (b) 1. to 3., 166.03 (3) to (5), 166.03 (7) (a) and
6(b), 166.03 (8) (a) to (e) and (g), 166.03 (9), (10), (13) and (14), 166.05 (1), 166.06
7(1), 166.15 (1) (d), 166.20 (3) (c), 166.22 (1) (c) and 343.055 (1) (b);
to repeal and
8recreate 15.947 (1); and
to create 15.07 (2) (k) of the statutes;
relating to:
9changing the name of the division of emergency government in the department
10of military affairs, changing references to local emergency government
11agencies and changing the composition and terms of the state emergency
12response board.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB847-ASA1,2,20
115.07
(1) (cm) The term of one member of the ethics board shall expire on each
2May 1. The terms of 3 members of the development finance board appointed under
3s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms
4of the other 3 members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of
5every odd-numbered year. The terms of the 3 members of the land and water
6conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1.
7The term of the member of the land and water conservation board appointed under
8s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of
9members of the real estate board shall expire on July 1. The terms of the appraiser
10members of the real estate appraisers board and the terms of the auctioneer and
11auction company representative members of the auctioneer board shall expire on
12May 1 in an even-numbered year. The terms of the 4 members of the educational
13technology board appointed under s. 15.105 (26) (a) 1., 3., 6. and 9. shall expire on
14May 1 in an even-numbered year. The terms of the members of the public intervenor
15board shall expire as provided in s. 15.345 (4) (b). The terms of 3 members of the
16gaming board appointed under s. 15.64 shall expire on July 1 of an even-numbered
17year and the terms of the other 2 members shall expire on July 1 of an odd-numbered
18year.
The terms of 4 of the members of the state emergency response board, except
19the administrator of the division of emergency management in the department of
20military affairs, shall expire on May 1 of each year.
AB847-ASA1,2,2422
15.07
(2) (k) The administrator of the division of emergency management in
23the department of military affairs shall serve as chairperson of the state emergency
24response board.
AB847-ASA1,3,5
115.313
(1) (title)
Division of emergency government management. There is
2created in the department of military affairs a division of emergency
government 3management. The administrator of this division shall be nominated by the governor
4and with the advice and consent of the senate appointed, to serve at the pleasure of
5the governor.
AB847-ASA1,3,257
15.315
(1) State emergency response board. There is created a state
8emergency response board, which is attached to the department of military affairs
9under s. 15.03. The state emergency response board shall consist of
one
10representative the administrator of the
division of emergency management in the 11department of military affairs,
division of emergency government, one
12representative of the subunit of the department of health and family services that
13administers health-related programs,
one representative of the department of
14commerce, one representative of the department of transportation, one
15representative of the department of natural resources, one representative of the
16department of agriculture, trade and consumer protection, one representative each
17from fire fighting, law enforcement and public or community health services, 2
18representatives of industry, one representative of small business, as defined in s.
1915.227 (3), 2
. representatives who are elected officials or employes of county
and or 20municipal government, one representative of a farm or agricultural organization,
21one representative of a labor organization and one representative of an
22environmental organization. The members of the board shall serve
at the pleasure
23of the governor 4-year terms, except that the administrator of the division of
24emergency management in the department of military affairs shall be a permanent
25member.
AB847-ASA1,4,103
15.947
(1) Council on fire service training programs. There is created in the
4technical college system board a council on fire service training programs consisting
5of a representative of the division of emergency management designated by the
6administrator thereof; a representative of the department of development
7designated by the secretary of development; a representative of the commissioner of
8insurance designated by the commissioner; and 4 bona fide members of volunteer fire
9departments and 2 bona fide members of paid fire departments appointed for
10staggered 6-year terms.
AB847-ASA1, s. 6
11Section
6. 20.465 (3) (title), (a) and (g) of the statutes are amended to read:
AB847-ASA1,4,1512
20.465
(3) (title)
Emergency government management services. (a)
General
13program operations. The amounts in the schedule for the general program
14operations of the division of emergency
government
management including, but not
15limited to, central administrative support services by the department.
AB847-ASA1,4,2216
(g)
Program services. The amounts in the schedule for conferences, training
17and other services provided by the division of emergency
government management 18and for expenses incurred under s. 166.03 (2) (b) 6. and 7. All moneys received for
19conferences, training and other services provided by the division of emergency
20government management shall be credited to this appropriation. All moneys
21received from assessments and contributions under s. 166.03 (2) (b) 6. and 7. shall
22be credited to this appropriation.
AB847-ASA1,5,3
2421.20 Civil service status. All full-time state-paid employes of the
25department of military affairs shall be under the classified service, except the
1adjutant general, the executive assistant to the adjutant general, the deputy
2adjutants general for army and air and the administrator of the division of
3emergency
government management.
AB847-ASA1,5,155
66.146
(1) (a) "Public office" means the following positions or their equivalent:
6city engineer; city purchasing agent; commissioner of building inspection, of city
7development, of health or of public works; director of administration, of budget and
8management, of community development agency, of employe relations, of office of
9telecommunications, or of safety; emergency
government
management coordinator;
10employe benefits administrator; executive director of the commission on community
11relations; municipal port director; commissioner of assessments; director of liaison;
12city personnel director; executive director of the retirement board; executive director
13of the city board of election commissioners; city librarian; city labor negotiator;
14executive secretary of the board of fire and police commissioners; and supervisor of
15the central electronics board.
AB847-ASA1,5,2017
70.11
(23) Shelters. Any shelter or portion of a structure constructed and used
18exclusively for the protection of human life and records against nuclear attack and
19approved as sufficient for such purpose by the local emergency
government 20management authority and the local assessor.
AB847-ASA1, s. 10
21Section
10. 87.305 (1) (c) (intro.) of the statutes is amended to read:
AB847-ASA1,6,222
87.305
(1) (c) (intro.) The department informs the U.S. army corps of engineers,
23the department of transportation, the division of emergency
government 24management and the state historical society of its intention to authorize connection
1of sewer service and a water supply to the railroad depot and the Dousman hotel and
2occupancy of the hotel and either:
AB847-ASA1, s. 11
3Section
11. 101.143 (3) (a) 5. of the statutes is amended to read:
AB847-ASA1,6,74
101.143
(3) (a) 5. The owner or operator or the person reports the discharge in
5a timely manner to the division of emergency
government management in the
6department of military affairs or to the department of natural resources, according
7to the requirements under s. 144.76.
AB847-ASA1, s. 12
8Section
12. 102.475 (title) and (1) of the statutes are amended to read:
AB847-ASA1,6,23
9102.475 (title)
Death benefit; law enforcement and correctional
10officers, fire fighters, rescue squad members, national or state guard
11members and emergency government management personnel. (1) Special
12benefit. If the deceased employe is a law enforcement officer, correctional officer, fire
13fighter, rescue squad member, national guard member or state defense force member
14on state active duty as described in s. 102.07 (9) or if a deceased person is an employe
15or volunteer performing emergency
government management activities under ch.
16166 during a state of emergency or a circumstance described in s. 166.04, who
17sustained an accidental injury while performing services growing out of and
18incidental to that employment or volunteer activity so that benefits are payable
19under s. 102.46 or 102.47 (1), the department shall voucher and pay from the
20appropriation under s. 20.445 (1) (aa) a sum equal to 75% of the primary death
21benefit as of the date of death, but not less than $50,000 to the persons wholly
22dependent upon the deceased. For purposes of this subsection, dependency shall be
23determined under ss. 102.49 and 102.51.
AB847-ASA1,7,17
1132.17 Certain badges; penalty for unauthorized wearing. Any person
2who shall wilfully wear the insignia, rosette, or badge or any imitation thereof, of the
3military order of the Loyal Legion of the United States, the Grand Army of the
4Republic, the United Spanish War Veterans, Veterans of Foreign Wars of the United
5States, the Military Order of Foreign Wars, the American Legion, the Disabled
6American Veterans, the Thirty-second Division Veteran Association, the American
7Veterans of World War II (AMVETS), or of the Benevolent and Protective Order of
8the Elks of the United States, Knights of Columbus, Odd Fellows, Free Masons,
9Knights of Pythias, or of any other society, order or organization, operating under the
10lodge system, of 10 years' standing in this state, or of any duly incorporated fraternal,
11social, or service organization, or of the division of emergency
government 12management in the department of military affairs or shall wilfully use the same to
13obtain aid or assistance thereby within this state, or shall wilfully use the name of
14such society, order or organization, the titles of its officers, or its insignia, unless
15entitled to use or wear the same under the constitution, bylaws, rules and
16regulations thereof, shall be imprisoned not more than 30 days or fined not exceeding
17$20, or both.
AB847-ASA1,7,2219
146.53
(5) (i) Provide advice to the adjutant general of the department of
20military affairs on the emergency medical aspects of the state plan of emergency
21government management under s. 166.03 (2) (a) 1. and coordinate emergency
22activities with the department of military affairs.
AB847-ASA1, s. 15
23Section
15. Chapter 166 (title) of the statutes is amended to read:
AB847-ASA1,7,2525
EMERGENCY
GOVERNMENT Management
AB847-ASA1,8,6
2166.01 Declaration of policy. To prepare the state and its subdivisions to
3cope with emergencies resulting from enemy action and natural or man-made
4disasters, it is declared to be necessary to establish an organization for emergency
5government management, conferring upon the governor and others specified the
6powers and duties provided by this chapter.
AB847-ASA1, s. 17
7Section
17. 166.02 (3) and (4) (intro.) of the statutes are amended to read:
AB847-ASA1,8,98
166.02
(3) "Division" means the division of emergency
government 9management.
AB847-ASA1,8,11
10(4) (intro.) "Emergency
government
management" includes "civil defense" and
11means all measures undertaken by or on behalf of the state and its subdivisions:
AB847-ASA1,8,13
13166.03 (title)
Emergency government management.
AB847-ASA1, s. 19
14Section
19. 166.03 (1) (a) 1. to 4. of the statutes are amended to read:
AB847-ASA1,8,1615
166.03
(1) (a) 1. Review orders establishing or altering emergency
government 16management areas.
AB847-ASA1,8,1817
2. Review state emergency
government management plans and modifications
18thereof.
AB847-ASA1,8,2119
3. Employ the division of emergency
government management during a state
20of emergency proclaimed by him or her, issue orders and delegate such authority as
21is deemed necessary to the administrator.
AB847-ASA1,8,2522
4. Determine responsibilities of state departments and independent agencies
23in respect to emergency
government management and by order direct such
24departments and agencies in utilizing personnel, facilities, supplies and equipment
25before and during a state of emergency.
AB847-ASA1, s. 20
1Section
20. 166.03 (1) (b) 2. to 4. of the statutes are amended to read:
AB847-ASA1,9,32
166.03
(1) (b) 2. On behalf of the state, enter into mutual aid agreements
3concerning emergency
government management with other states.
AB847-ASA1,9,84
3. Accept from any source gifts and grants including services for emergency
5government management purposes and may authorize state, county, town and
6municipal officers to receive such gifts and grants. When grants require county, town
7or municipal participation, the state may transfer title to equipment acquired
8through such agreement to participating counties, towns and municipalities.
AB847-ASA1,9,159
4. During a state of emergency, declare priority of emergency
government 10management contracts over other contracts, allocate materials and facilities in his
11or her discretion, and take, use and destroy private property for emergency
12government management purposes. Such taking, use or destruction shall be in the
13name of the state. Records shall be kept of such action and such records shall be
14evidence of a claim against the state. Any such claim shall be referred to the claims
15board under s. 16.007.
AB847-ASA1, s. 21
16Section
21. 166.03 (2) (a) 1. to 3. of the statutes are amended to read:
AB847-ASA1,9,2117
166.03
(2) (a) 1. Subject to approval by the governor, develop and promulgate
18a state plan of emergency
government management for the security of persons and
19property which shall be mandatory during a state of emergency. In developing the
20plan, the adjutant general shall seek the advice of the department of health and
21social services with respect to the emergency medical aspects of the plan.
AB847-ASA1,9,2422
2. Prescribe and carry out statewide training programs and exercises to
23develop emergency
government management proficiency, disseminate information
24including warnings of enemy action, serve as the principal assistant to the governor
1in the direction of emergency
government
management activities and coordinate
2emergency
government management programs between counties.
AB847-ASA1,10,53
3. Furnish guidance and develop and promulgate standards for emergency
4government management programs for counties, towns and municipalities, and
5prescribe nomenclature for all levels of emergency
government management.
AB847-ASA1, s. 22
6Section
22. 166.03 (2) (b) 1. to 3. of the statutes are amended to read:
AB847-ASA1,10,117
166.03
(2) (b) 1. Divide the state into emergency
government management 8areas composed of whole counties by general or special written orders subject to
9approval by the governor, and modify the boundaries thereof as changed conditions
10warrant. Such areas shall be classified and designated in accordance with standards
11promulgated under the federal civil defense act of 1950, as amended.
AB847-ASA1,10,1512
2. Appoint a head of emergency
government management for each area
13established in accordance with subd. 1. under the classified service on either a
14part-time or full-time basis, or may request the governor to designate any state
15officer or employe as acting area head on a part-time basis.
AB847-ASA1,10,1816
3. Designate and post highways as emergency
government management routes
17closed to all but authorized vehicles when required for training programs and
18exercises.