AB847: Bill Text

LRB-4296/1

RPN:skg:jlb

1995 - 1996 LEGISLATURE

1995 Assembly BILL 847

February 5, 1996 - Introduced by Representatives Musser, Powers, Harsdorf, Boyle, Baldus, Ott, Lehman, Turner, Freese, Vrakas, Kaufert, Gronemus, Olsen, Schneiders, Ward and Huber, cosponsored by Senators Moen and Breske. Referred to Committee on Veterans and Military Affairs.

AB847,1,11 An Act to amend 15.07 (1) (cm), 15.313 (1), 15.315 (1), 20.465 (3) (title), (a) and (g), 21.20, 66.146 (1) (a), 70.11 (23), 87.305 (1) (c) (intro.), 101.143 (3) (a) 5., 102.475 (title) and (1), 132.17, 146.53 (5) (i), chapter 166 (title), 166.01, 166.02 (3) and (4) (intro.), 166.03 (title), 166.03 (1) (a) 1. to 4., 166.03 (1) (b) 2. to 4., 166.03 (2) (a) 1. to 3., 166.03 (2) (b) 1. to 3., 166.03 (3) to (5), 166.03 (7) (a) and (b), 166.03 (8) (a) to (e) and (g), 166.03 (9), (10), (13) and (14), 166.05 (1), 166.06 (1), 166.15 (1) (d), 166.20 (3) (c), 166.22 (1) (c) and 343.055 (1) (b); and to repeal and recreate 15.947 (1) of the statutes; relating to: changing the name of the division of emergency government in the department of military affairs, changing references to local emergency government agencies and changing the composition and terms of the state emergency response board.

Analysis by the Legislative Reference Bureau

This bill changes the name of the division of emergency government in the department of military affairs to the division of emergency management. In addition, references to local government agencies and personnel as "emergency government" agencies and personnel are changed to "emergency management" agencies and personnel. The bill adds a representative of the department of industry, labor and job development (currently named the department of industry, labor and human relations) to the state emergency response board and provides that the members of that board serve for 4-year terms instead of at the pleasure of the governor.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB847, s. 1 Section 1. 15.07 (1) (cm) of the statutes, as affected by 1995 Wisconsin Act 27, section 95m, is amended to read:

AB847,2,21 15.07 (1) (cm) The term of one member of the ethics board shall expire on each May 1. The terms of 3 members of the development finance board appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the 4 members of the educational technology board appointed under s. 15.105 (26) (a) 1., 3., 6. and 9. shall expire on May 1 in an even-numbered year. The terms of the members of the public intervenor board shall expire as provided in s. 15.345 (4) (b). The terms of 3 members of the gaming board appointed under s. 15.64 shall expire on July 1 of an even-numbered year and the terms of the other 2 members shall expire on July 1 of an odd-numbered year. The terms of 8 of the members of the state emergency response board shall expire on May 1 of an even-numbered year.

AB847, s. 2 Section 2. 15.313 (1) of the statutes is amended to read:

AB847,3,6 15.313 (1) (title) Division of emergency government management. There is created in the department of military affairs a division of emergency government management. The administrator of this division shall be nominated by the governor and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.

AB847, s. 3 Section 3. 15.315 (1) of the statutes is amended to read:

AB847,3,24 15.315 (1) State emergency response board. There is created a state emergency response board, which is attached to the department of military affairs under s. 15.03. The state emergency response board shall consist of one representative of the department of military affairs, division of emergency government management, one representative of the subunit of the department of health and family services that administers health-related programs, one representative of the department of industry, labor and job development, one representative of the department of transportation, one representative of the department of natural resources, one representative of the department of agriculture, trade and consumer protection, one representative each from fire fighting, law enforcement and public or community health services, 2 representatives of industry, one representative of small business, as defined in s. 15.227 (3), 2. representatives who are elected officials or employes of county and or municipal government, one representative of a farm or agricultural organization, one representative of a labor organization and one representative of an environmental organization. The members of the board shall serve at the pleasure of the governor 4-year terms.

AB847, s. 4 Section 4. 15.947 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB847,4,10 15.947 (1) Council on fire service training programs. There is created in the technical college system board a council on fire service training programs consisting of a representative of the division of emergency management designated by the administrator thereof; a representative of the department of development designated by the secretary of development; a representative of the commissioner of insurance designated by the commissioner; and 4 bona fide members of volunteer fire departments and 2 bona fide members of paid fire departments appointed for staggered 6-year terms.

AB847, s. 5 Section 5. 20.465 (3) (title), (a) and (g) of the statutes are amended to read:

AB847,4,15 20.465 (3) (title) Emergency government management services. (a) General program operations. The amounts in the schedule for the general program operations of the division of emergency government management including, but not limited to, central administrative support services by the department.

AB847,4,22 (g) Program services. The amounts in the schedule for conferences, training and other services provided by the division of emergency government management and for expenses incurred under s. 166.03 (2) (b) 6. and 7. All moneys received for conferences, training and other services provided by the division of emergency government management shall be credited to this appropriation. All moneys received from assessments and contributions under s. 166.03 (2) (b) 6. and 7. shall be credited to this appropriation.

AB847, s. 6 Section 6. 21.20 of the statutes is amended to read:

AB847,5,3 21.20 Civil service status. All full-time state-paid employes of the department of military affairs shall be under the classified service, except the adjutant general, the executive assistant to the adjutant general, the deputy adjutants general for army and air and the administrator of the division of emergency government management.

AB847, s. 7 Section 7. 66.146 (1) (a) of the statutes is amended to read:

AB847,5,15 66.146 (1) (a) "Public office" means the following positions or their equivalent: city engineer; city purchasing agent; commissioner of building inspection, of city development, of health or of public works; director of administration, of budget and management, of community development agency, of employe relations, of office of telecommunications, or of safety; emergency government management coordinator; employe benefits administrator; executive director of the commission on community relations; municipal port director; commissioner of assessments; director of liaison; city personnel director; executive director of the retirement board; executive director of the city board of election commissioners; city librarian; city labor negotiator; executive secretary of the board of fire and police commissioners; and supervisor of the central electronics board.

AB847, s. 8 Section 8. 70.11 (23) of the statutes is amended to read:

AB847,5,20 70.11 (23) Shelters. Any shelter or portion of a structure constructed and used exclusively for the protection of human life and records against nuclear attack and approved as sufficient for such purpose by the local emergency government management authority and the local assessor.

AB847, s. 9 Section 9. 87.305 (1) (c) (intro.) of the statutes is amended to read:

AB847,6,2 87.305 (1) (c) (intro.) The department informs the U.S. army corps of engineers, the department of transportation, the division of emergency government management and the state historical society of its intention to authorize connection of sewer service and a water supply to the railroad depot and the Dousman hotel and occupancy of the hotel and either:

AB847, s. 10 Section 10. 101.143 (3) (a) 5. of the statutes is amended to read:

AB847,6,7 101.143 (3) (a) 5. The owner or operator or the person reports the discharge in a timely manner to the division of emergency government management in the department of military affairs or to the department of natural resources, according to the requirements under s. 144.76.

AB847, s. 11 Section 11. 102.475 (title) and (1) of the statutes are amended to read:

AB847,6,23 102.475 (title) Death benefit; law enforcement and correctional officers, fire fighters, rescue squad members, national or state guard members and emergency government management personnel. (1) Special benefit. If the deceased employe is a law enforcement officer, correctional officer, fire fighter, rescue squad member, national guard member or state defense force member on state active duty as described in s. 102.07 (9) or if a deceased person is an employe or volunteer performing emergency government management activities under ch. 166 during a state of emergency or a circumstance described in s. 166.04, who sustained an accidental injury while performing services growing out of and incidental to that employment or volunteer activity so that benefits are payable under s. 102.46 or 102.47 (1), the department shall voucher and pay from the appropriation under s. 20.445 (1) (aa) a sum equal to 75% of the primary death benefit as of the date of death, but not less than $50,000 to the persons wholly dependent upon the deceased. For purposes of this subsection, dependency shall be determined under ss. 102.49 and 102.51.

AB847, s. 12 Section 12. 132.17 of the statutes is amended to read:

AB847,7,17 132.17 Certain badges; penalty for unauthorized wearing. Any person who shall wilfully wear the insignia, rosette, or badge or any imitation thereof, of the military order of the Loyal Legion of the United States, the Grand Army of the Republic, the United Spanish War Veterans, Veterans of Foreign Wars of the United States, the Military Order of Foreign Wars, the American Legion, the Disabled American Veterans, the Thirty-second Division Veteran Association, the American Veterans of World War II (AMVETS), or of the Benevolent and Protective Order of the Elks of the United States, Knights of Columbus, Odd Fellows, Free Masons, Knights of Pythias, or of any other society, order or organization, operating under the lodge system, of 10 years' standing in this state, or of any duly incorporated fraternal, social, or service organization, or of the division of emergency government management in the department of military affairs or shall wilfully use the same to obtain aid or assistance thereby within this state, or shall wilfully use the name of such society, order or organization, the titles of its officers, or its insignia, unless entitled to use or wear the same under the constitution, bylaws, rules and regulations thereof, shall be imprisoned not more than 30 days or fined not exceeding $20, or both.

AB847, s. 13 Section 13. 146.53 (5) (i) of the statutes is amended to read:

AB847,7,22 146.53 (5) (i) Provide advice to the adjutant general of the department of military affairs on the emergency medical aspects of the state plan of emergency government management under s. 166.03 (2) (a) 1. and coordinate emergency activities with the department of military affairs.

AB847, s. 14 Section 14. Chapter 166 (title) of the statutes is amended to read:

AB847,7,24 CHAPTER 166

AB847,7,25 EMERGENCY GOVERNMENT Management

AB847, s. 15 Section 15. 166.01 of the statutes is amended to read:

AB847,8,6 166.01 Declaration of policy. To prepare the state and its subdivisions to cope with emergencies resulting from enemy action and natural or man-made disasters, it is declared to be necessary to establish an organization for emergency government management, conferring upon the governor and others specified the powers and duties provided by this chapter.

AB847, s. 16 Section 16. 166.02 (3) and (4) (intro.) of the statutes are amended to read:

AB847,8,9 166.02 (3) "Division" means the division of emergency government management.

AB847,8,11 (4) (intro.) "Emergency government management" includes "civil defense" and means all measures undertaken by or on behalf of the state and its subdivisions:

AB847, s. 17 Section 17. 166.03 (title) of the statutes is amended to read:

AB847,8,13 166.03 (title) Emergency government management.

AB847, s. 18 Section 18. 166.03 (1) (a) 1. to 4. of the statutes are amended to read:

AB847,8,16 166.03 (1) (a) 1. Review orders establishing or altering emergency government management areas.

AB847,8,18 2. Review state emergency government management plans and modifications thereof.

AB847,8,21 3. Employ the division of emergency government management during a state of emergency proclaimed by him or her, issue orders and delegate such authority as is deemed necessary to the administrator.

AB847,8,25 4. Determine responsibilities of state departments and independent agencies in respect to emergency government management and by order direct such departments and agencies in utilizing personnel, facilities, supplies and equipment before and during a state of emergency.