SB419-ASA1, s. 23
19Section
23. 166.03 (3) to (5) of the statutes are amended to read:
SB419-ASA1,10,2220
166.03
(3) Powers and duties of area heads. Area heads of emergency
21government management may exercise such powers as are delegated and shall
22perform such duties as are assigned to them by the adjutant general.
SB419-ASA1,11,3
23(4) Powers and duties of counties and municipalities. (a) The governing body
24of each county, town and municipality shall adopt an effective program of emergency
25government management consistent with the state plan of emergency
government
1management and, except at the county level in counties having a county executive,
2shall appoint a head of emergency
government management services. Each such
3governing body may appropriate funds and levy taxes for this program.
SB419-ASA1,11,64
(b) In counties having a county executive under s. 59.031, the county board
5shall designate the county executive or confirm his or her appointee as county head
6of emergency
government management services.
SB419-ASA1,11,127
(c) Each county board shall designate a committee of the board as a county
8emergency
government management committee whose chairperson shall be a
9member of the committee designated by the chairperson of the county board. The
10committee, in counties having a county executive under s. 59.031, shall retain
11policy-making and rule-making powers in the establishment and development of
12county emergency
government management plans and programs.
SB419-ASA1,11,2313
(d) During the continuance of a state of emergency proclaimed by the governor
14the county board of each county situated within the area to which the governor's
15proclamation applies may employ the county emergency
government management 16organization and the facilities and other resources of the organization to cope with
17the problems of the emergency, and the governing body of each municipality and
18town situated within the area shall have similar authority with respect to municipal
19emergency
government management organizations, facilities and resources.
20Nothing in this chapter prohibits counties and municipalities from employing their
21emergency
government management organizations, facilities and resources to cope
22with the problems of local public emergencies except where restrictions are imposed
23by federal regulations on property donated by the federal government.
SB419-ASA1,12,6
24(5) (title)
Powers and duties of head of emergency government management
25services. (a) The head of emergency
government
management services in each
1county, town and municipality shall for his or her respective county, town or
2municipality, develop and promulgate emergency
government management plans
3consistent with state plans, direct the emergency
government management program
4and perform such other duties related to emergency
government management as are
5required by the governing body and the emergency
government management 6committee of the governing body when applicable.
SB419-ASA1,12,147
(b) The head of emergency
government management services in each county
8shall coordinate and assist in developing town and municipal emergency
9government management plans within the county, integrate such plans with the
10county plan, advise the department of all emergency
government management 11planning in the county and submit to the adjutant general such reports as he or she
12requires, direct and coordinate emergency
government
management activities
13throughout the county during a state of emergency, and direct countywide
14emergency
government management training programs and exercises.
SB419-ASA1,12,2115
(c) The head of emergency
government management services in each town and
16municipality shall direct local emergency
government
management training
17programs and exercises, direct participation in emergency
government management 18programs and exercises ordered by the adjutant general and the county head of
19emergency
government management services, and advise the county head of
20emergency
government management services on local emergency
government 21management programs and submit to him or her such reports as he or she requires.
SB419-ASA1,13,222
(d) During the continuance of a state of emergency proclaimed by the governor,
23the head of emergency
government management services in each county, town and
24municipality, on behalf of his or her respective county, town or municipality, may
1contract with any person to provide equipment and services on a cost basis to be used
2in disaster relief.
SB419-ASA1, s. 24
3Section
24. 166.03 (7) (a) and (b) of the statutes are amended to read:
SB419-ASA1,13,64
166.03
(7) (a) Counties, towns and municipalities may cooperate under s. 66.30
5to furnish services, combine offices and finance emergency
government management 6services.
SB419-ASA1,13,127
(b) Counties, towns and municipalities may contract for emergency
8government management services with political subdivisions, emergency
9government management units and civil defense units of this state, and upon prior
10approval of the adjutant general, with such entities in bordering states. A copy of
11each such agreement shall be filed with the adjutant general within 10 days after
12execution thereof.
SB419-ASA1, s. 25
13Section
25. 166.03 (8) (a) to (e) and (g) of the statutes are amended to read:
SB419-ASA1,13,1614
166.03
(8) (a) No emergency
government
management organization
15established under this section shall participate in any form of political activity or be
16employed directly or indirectly for any political activity.
SB419-ASA1,13,1817
(b) No emergency
government management organization established under
18this section shall be employed to interfere with the orderly process of a labor dispute.
SB419-ASA1,13,2319
(c) No person shall be employed or associated in any capacity in any emergency
20government management organization under this section who advocates a change
21by force or violence in the constitutional form of government of the United States or
22this state or who has been convicted of or is under indictment or information charging
23any subversive act against the United States.
SB419-ASA1,14,2024
(d) Employes of municipal and county emergency
government management 25units are employes of the municipality or county to which the unit is attached for
1purposes of worker's compensation benefits. Employes of the area and state
2emergency
government management units are employes of the state for purposes of
3worker's compensation benefits. Volunteer emergency
government management 4workers are employes of the emergency
government
management unit with whom
5duly registered in writing for purposes of worker's compensation benefits. An
6emergency
government management employe or volunteer who engages in
7emergency
government management activities upon order of any echelon in the
8emergency
government management organization other than that which carries his
9or her worker's compensation coverage shall be eligible for the same benefits as
10though employed by the governmental unit employing him or her. Any employment
11which is part of an emergency
government management program including but not
12restricted because of enumeration, test runs and other activities which have a
13training objective as well as emergency
government
management activities during
14an emergency proclaimed in accordance with this chapter and which grows out of,
15and is incidental to, such emergency
government management activity is covered
16employment. Members of an emergency
government management unit who are not
17acting as employes of a private employer during emergency
government 18management activities are employes of the emergency
government management 19unit for which acting. If no pay agreement exists or if the contract pay is less, pay
20for worker's compensation purposes shall be computed in accordance with s. 102.11.
SB419-ASA1,14,2521
(e) Emergency
government management employes as defined in par. (d) shall
22be indemnified by their sponsor against any tort liability to third persons incurred
23in the performance of emergency
government management activities while acting in
24good faith and in a reasonable manner. Emergency
government management 25activities constitute a governmental function.
SB419-ASA1,15,2
1(g) Emergency
government management employes as such shall receive no pay
2unless specific agreement for pay is made.
SB419-ASA1, s. 26
3Section
26. 166.03 (9), (10), (13) and (14) of the statutes are amended to read:
SB419-ASA1,15,64
166.03
(9) Bearing of losses. Any loss arising from the damage to or
5destruction of government-owned equipment utilized in any authorized emergency
6government management activity shall be borne by the owner thereof.
SB419-ASA1,15,16
7(10) Exemption from liability. No person who provides equipment or services
8under the direction of the governor, the adjutant general or the head of emergency
9government management services in any county, town or municipality during a state
10of emergency declared by the governor is liable for the death of or injury to any person
11or damage to any property caused by his or her actions, except where the trier of fact
12finds that the person acted intentionally or with gross negligence. This subsection
13does not affect the right of any person to receive benefits to which he or she would
14otherwise be entitled under the worker's compensation law or under any pension law,
15nor does it affect entitlement to any other benefits or compensation authorized by
16state or federal law.
SB419-ASA1,16,2
17(13) Authority to withhold grants. If the adjutant general finds that any
18political subdivision of the state has not complied with the requirement of this
19section that it establish and maintain an operating emergency
government 20management organization, he or she may refuse to approve grants of funds or items
21of equipment to such political subdivision until it complies. If such political
22subdivision fails to use funds or items of equipment granted to it through the
23adjutant general in accordance with the agreement under which the grant was made,
24the adjutant general may refuse to make any additional grants to such political
25subdivision until it has complied with the conditions of the prior grant, and he or she
1may start recovery proceedings on the funds and items of equipment which have not
2been used in accordance with the conditions of the grant.
SB419-ASA1,16,6
3(14) Penalties. Whoever intentionally fails to comply with the directives of
4emergency
government management authorities promulgated under this section
5during a state of emergency or during any training program or exercises may be fined
6not more than $200 or imprisoned not more than 90 days or both.
SB419-ASA1,16,208
166.05
(1) Designation of emergency temporary location. Whenever, during
9a state of emergency it becomes imprudent, inexpedient or impossible to conduct the
10affairs of state government at the state capital, the governor shall, as often as the
11exigencies of the situation require, by proclamation designate an emergency
12temporary location for the seat of government at such place within or without this
13state as he or she deems advisable, and shall take such action and issue such orders
14as are necessary for an orderly transition of the affairs of state government to such
15emergency temporary location. If practicable, the emergency temporary location so
16designated by the governor shall conform to that provided for in the current
17emergency
government management plan authorized by s. 166.03. Such emergency
18temporary location shall remain as the seat of government until the governor
19establishes a new location under this section, or until the emergency is ended under
20s. 166.03 and the seat of government is returned to its normal location.
SB419-ASA1,17,1022
166.06
(1) Designation of emergency temporary locations. Whenever during
23a state of emergency it becomes imprudent, inexpedient or impossible to conduct the
24affairs of local government at the regular or usual place or places thereof, the
25governing body of each county, town and municipality of this state may meet at any
1place within or without the territorial limits of such political subdivision on the call
2of the presiding officer or his or her successor, and shall proceed to establish and
3designate by ordinance, resolution or other manner, alternate or substitute sites or
4places as the emergency temporary locations of government where all, or any part,
5of the public business may be transacted and conducted during the emergency
6situation. Such alternate or substitute site or places may be within or without the
7territorial limits of such county, town or municipality and may be within or without
8those of the state. If practicable, they shall be the sites or places designated as the
9emergency temporary locations of government in the current emergency
government 10management plan.
SB419-ASA1,17,1312
166.15
(1) (d) "Emergency provider" means any person who provides
13emergency care or facilities and includes emergency
government management.
SB419-ASA1,17,1915
166.20
(3) (c) Consult and coordinate with the county board, the county and
16local heads of emergency
government management services designated under s.
17166.03 (4) (a) or (b) and the county emergency
government management committee
18designated under s. 166.03 (4) (c) in the execution of the local emergency planning
19committee's duties under this section.
SB419-ASA1,17,2421
166.22
(1) (c) "Local agency" means an agency of a county, city, village or town,
22including a municipal police or fire department, a municipal health organization, a
23county office of emergency
government management, a county sheriff, an emergency
24medical service or a public works department.
SB419-ASA1,18,9
1343.055
(1) (b)
Fire fighters. The operator of the commercial motor vehicle
2including, without limitation, fire trucks, hook and ladder trucks and foam or water
3transporters, is a person employed by a volunteer or paid fire organization and the
4person is operating emergency or fire fighting equipment necessary to the
5preservation of life or property or the execution of emergency
government 6management functions and equipped with a siren and warning lamps as provided
7in ss. 347.25 (1) and 347.38 (4) and the operation is in the routine performance of
8other duties of the fire organization or in response to an emergency call under s.
9346.03 or during the return from a fire or other emergency response.
SB419-ASA1,18,13
11(1) Notwithstanding section 15.315 (1) of the statutes, as affected by this act,
12the members appointed to the state emergency response board under that subsection
13shall serve for the following initial terms:
SB419-ASA1,18,17
14(a) One of the members representing industry, the member representing a
15labor organization, the member representing small businesses and the member
16representing the department of natural resources shall serve for terms expiring on
17May 1, 1997.
SB419-ASA1,18,21
18(b) The member representing a farm or agricultural organization, the member
19representing the department of agriculture, trade and consumer protection, the
20member representing fire fighting and the member representing an environmental
21organization shall serve for terms expiring on May 1, 1998.
SB419-ASA1,18,25
22(c) The other member representing industry, the member representing public
23or community health services, the member representing law enforcement and one of
24the members representing elected officials or employes of county or municipal
25government shall serve for terms expiring on May 1, 1999.
SB419-ASA1,19,5
1(d) The other member representing elected officials or employes of county or
2municipal government, the member representing the department of health and
3family services, the member representing the department of transportation and the
4member representing the department of commerce shall serve for terms expiring on
5May 1, 2000.
SB419-ASA1,19,8
7(1)
This act takes effect on July 1, 1996, or on the day after publication,
8whichever is later.