2009 Wisconsin Act 42

42,87 Section 87. 166.03 (2) (b) (intro.) of the statutes is renumbered 323.13 (2) (intro.) and amended to read:

323.13 (2) Ongoing powers. (intro.) The adjutant general may do all of the following:

42,88 Section 88. 166.03 (2) (b) 1. of the statutes is renumbered 323.13 (2) (a) and amended to read:

323.13 (2) (a) Divide the state into emergency management areas regions composed of whole counties by general or special written orders, subject to approval by the governor, and modify the boundaries thereof of those regions as changed conditions warrant. Such areas shall be classified and designated in accordance with standards promulgated under the federal civil defense act of 1950, as amended.

42,89 Section 89. 166.03 (2) (b) 2. of the statutes is renumbered 323.13 (2) (b) and amended to read:

323.13 (2) (b) Appoint a head director of emergency management for each area established in accordance with subd. 1. region under par. (a) under the classified service on either a part-time or full-time basis, or may request ask the governor to designate any state officer or employee as acting area head regional director on a part-time basis.

42,90 Section 90. 166.03 (2) (b) 3. of the statutes is renumbered 323.13 (2) (c).

42,91 Section 91. 166.03 (2) (b) 4. of the statutes is renumbered 323.13 (2) (d).

42,92 Section 92. 166.03 (2) (b) 5. of the statutes is renumbered 323.13 (2) (e) and amended to read:

323.13 (2) (e) Organize and train state mobile support units to aid any area region during a state of emergency. Such The units may participate in training programs and exercises both within and or outside the state.

42,93 Section 93. 166.03 (2) (b) 6. of the statutes is renumbered 323.13 (2) (f) and amended to read:

323.13 (2) (f) Request the department of health services to inspect or provide for the inspection of shipments of radioactive waste, obtain and analyze data concerning the radiation level of shipments of radioactive waste and issue reports concerning these shipments and radiation levels. The adjutant general may assess and collect and receive contributions for any costs incurred under this subdivision paragraph from any person who produced the radioactive waste which is the subject of the activity for which the costs are incurred. In this subdivision paragraph, "radioactive waste" has the meaning given in s. 293.25 (1) (b).

42,94 Section 94. 166.03 (2) (b) 7. of the statutes is renumbered 323.13 (2) (g).

42,95 Section 95. 166.03 (2) (b) 8. of the statutes is renumbered 323.30 and amended to read:

323.30 Federal disaster assistance. Make The adjutant general shall make payments from the appropriation under s. 20.465 (3) (e) to pay this state's share of grants to individuals and to provide a share of any required state share of contributions to local governments, as defined in 42 USC 5122 (6), for major disaster recovery assistance. Payment of this state's share of any contribution to a local government under this subdivision section is contingent upon copayment of that share by the local government, but not to exceed 12.5% of the total eligible cost of assistance. No payment may be made under this subdivision section without the prior approval of the secretary of administration.

42,96 Section 96. 166.03 (2) (b) 9. of the statutes is renumbered 323.31 and amended to read:

323.31 State disaster assistance. From the appropriations under s. 20.465 (3) (b) and (s), the adjutant general shall make payments to local governmental units, as defined in s. 19.42 (7u), and to federally recognized American Indian tribes and bands in this state for the damages and costs incurred as the result of a major catastrophe disaster if federal disaster assistance is not available for that catastrophe disaster because the governor's request that the president declare the catastrophe disaster a major disaster under 42 USC 5170 has been denied or because the disaster , as determined by the department of military affairs, does not meet the statewide or countywide per capita impact indicator under the public assistance program that is issued by the federal emergency management agency. To be eligible for a payment under this subdivision section, the local governmental unit or tribe or band shall pay 30 percent of the amount of the damages and costs resulting from the natural disaster. The department of military affairs shall promulgate rules establishing the application process and the criteria for determining eligibility for payments under this subdivision section.

42,97 Section 97. 166.03 (3) of the statutes is repealed.

42,98 Section 98. 166.03 (4) (title) of the statutes is renumbered 323.14 (title) and amended to read:

323.14 (title) Powers and Local government; duties of counties and municipalities and powers.

42,99 Section 99. 166.03 (4) (a) of the statutes is renumbered 323.14 (1) (b) 1. and amended to read:

323.14 (1) (b) 1. The governing body of each county, city, village, or town and municipality shall develop and adopt an effective program of emergency management consistent plan and program that is compatible with the state plan of emergency management and, except at the county level in counties having a county executive, adopted under s. 323.13 (1) (b).

2. The governing body of each city, village, or town shall appoint designate a head of emergency management services. Each such may appropriate funds and levy taxes for this program.

42,100 Section 100. 166.03 (4) (b) of the statutes is renumbered 323.14 (1) (a) 2. and amended to read:

323.14 (1) (a) 2. Each county board shall designate a head of emergency management. In counties having a county executive under s. 59.17, the county board shall designate the county executive or confirm his or her appointee as county head of emergency management services. Notwithstanding sub. (2) (b), an individual may not simultaneously serve as the head of emergency management for 2 or more counties.

42,101 Section 101. 166.03 (4) (c) of the statutes is renumbered 323.14 (1) (a) 3. and amended to read:

323.14 (1) (a) 3. Each county board shall designate a committee of the board as a county emergency management committee whose. The chairperson of the county board shall be a member of the committee designated by designate the chairperson of the county board. The committee, in. In counties having a county executive under s. 59.17, the committee shall retain policy-making and rule-making powers in the establishment and development of county emergency management plans and programs.

42,102 Section 102. 166.03 (4) (d) of the statutes is renumbered 323.14 (3) (b) and amended to read:

323.14 (3) (b) During the continuance of a state of emergency proclaimed declared by the governor the county board of each county, a local unit of government situated within the area to which the governor's proclamation executive order applies may employ the county emergency management organization and the personnel, facilities, and other resources of the organization consistent with the plan adopted under sub. (1) (a) 1. or (b) 1. to cope with the problems of the emergency, and the governing body of each municipality and town situated within the area shall have similar authority with respect to municipal emergency management organizations, facilities and resources that resulted in the governor declaring the emergency. Nothing in this chapter prohibits counties and municipalities local units of government from employing their emergency management organizations personnel, facilities, and resources consistent with the plan adopted under sub. (1) (a) 1. or (b) 1. to cope with the problems of local public emergencies disasters except where restrictions are imposed by federal regulations on property donated by the federal government.

42,103 Section 103. 166.03 (5) (title) of the statutes is repealed.

42,104 Section 104. 166.03 (5) (a) of the statutes is renumbered 323.15 (1) (a) and amended to read:

323.15 (1) (a) The head of emergency management services in for each county, town and municipality local unit of government shall for his or her respective county, town or municipality, develop and promulgate emergency management plans consistent with state plans, direct the emergency management program implement the plan adopted under s. 323.14 (1) (a) 1. or (b) 1., whichever is applicable, and perform such other duties related to emergency management as are required by the governing body and the emergency management committee of the governing body when applicable. The emergency management plans shall require the use of the incident command system by all emergency response agencies, including local health departments, during a state of emergency declared under sub. (1) (b) 1. or s. 166.23 (1) or in any other multi-jurisdictional or multi-agency emergency response s. 323.10 or 323.11.

42,105 Section 105. 166.03 (5) (b) of the statutes is renumbered 323.15 (1) (b) and amended to read:

323.15 (1) (b) The head of emergency management services in for each county shall coordinate and assist in developing city, village, and town and municipal emergency management plans within the county, integrate such the plans with the county plan, advise the department of military affairs of all emergency management planning in the county and submit to the adjutant general such the reports as that he or she requires, direct and coordinate emergency management activities throughout the county during a state of emergency, and direct countywide emergency management training programs and exercises.

42,106 Section 106. 166.03 (5) (c) of the statutes is renumbered 323.15 (1) (c) (intro.) and amended to read:

323.15 (1) (c) (intro.) The head of emergency management services in each city, village and town and municipality shall direct do all of the following:

1. Direct local emergency management training programs and exercises, direct.

2. Direct participation in emergency management programs and exercises that are ordered by the adjutant general and or the county head of emergency management services, and advise.

3. Advise the county head of emergency management services on local emergency management programs and submit to him or her such.

4. Submit to the county head of emergency management any reports as he or she requires.

42,107 Section 107. 166.03 (5) (d) of the statutes is renumbered 323.15 (4) and amended to read:

323.15 (4) Powers during an emergency. During the continuance of a state of emergency proclaimed declared by the governor, the head of emergency management services in for each county, town and municipality local unit of government, on behalf of his or her respective county, town or municipality local unit of government, may contract with any person to provide equipment and services on a cost basis to be used in disaster relief to respond to a disaster, or the imminent threat of a disaster.

42,108 Section 108. 166.03 (5a) of the statutes is renumbered 323.01 (2) and amended to read:

323.01 (2) Role of state agency in emergency. Unless otherwise specified by law, the role of any state agency, including the department of military affairs and its division of emergency government the division, in an emergency declared under this chapter, is to assist local units of government and local law enforcement agencies in responding to the emergency a disaster or the imminent threat of a disaster.

42,109 Section 109. 166.03 (6) of the statutes is renumbered 323.20 and amended to read:

323.20 Emergency use of vehicles. In responding to an official request for help during any declared state of emergency, any person may operate a boat or any motor vehicle without regard for motor vehicle registration laws and without being subject to arrest under s. 341.04, including a snowmobile or all-terrain vehicle, that is not registered in this state.

42,110 Section 110. 166.03 (7) (title) of the statutes is repealed.

42,111 Section 111. 166.03 (7) (a) of the statutes is renumbered 323.14 (2) (b) and amended to read:

323.14 (2) (b) Counties, towns and municipalities Local units of government may cooperate under s. 66.0301 to furnish services, combine offices, and finance emergency management services programs.

42,112 Section 112. 166.03 (7) (b) of the statutes is renumbered 323.14 (2) (c) and amended to read:

323.14 (2) (c) Counties, towns and municipalities Local units of government may contract for emergency management services with political subdivisions, emergency management units and civil defense units agencies, and federally recognized American Indian tribes and bands of this state, and, upon prior approval of the adjutant general, with such entities in bordering states. A copy of each such agreement shall be filed with the adjutant general within 10 days after execution thereof of that agreement.

42,113 Section 113. 166.03 (7) (c) of the statutes is repealed.

42,114 Section 114. 166.03 (8) (title) of the statutes is renumbered 323.25 (title) and amended to read:

323.25 (title) Personnel restrictions.

42,115 Section 115. 166.03 (8) (a) to (c) of the statutes are renumbered 323.25 (1) to (3) and amended to read:

323.25 (1) No personnel, while performing emergency management organization established functions consistent with a plan adopted under this section s. 323.13 (1) (b) or 323.14 (1) (a) 1. or (b) 1., shall participate in any form of political activity or be employed directly or indirectly for any political activity.

(2) No personnel, while performing emergency management organization established functions consistent with a plan adopted under this section s. 323.13 (1) (b) or 323.14 (1) (a) 1. or (b) 1., shall be employed to interfere with the orderly process of a labor dispute.

(3) No person shall may be employed or associated in any capacity in any state or local unit of government emergency management organization under this section program under s. 323.13 (1) (b) or 323.14 (1) (a) 1. or (b) 1. who advocates a change by force or violence in the constitutional form of government of the United States or this state or who has been convicted of or is under indictment or information charging any subversive act against the United States.

42,115m Section 115m. 166.03 (8) (d) to (g) of the statutes are repealed.

42,116 Section 116. 166.03 (9) of the statutes is renumbered 323.43 and amended to read:

323.43 Bearing of losses. Any Subject to s. 323.42, any loss arising from the damage to or destruction of government-owned equipment utilized in any authorized emergency management activity shall be borne by the owner thereof of the equipment.

42,117 Section 117. 166.03 (10) of the statutes is renumbered 323.45 and amended to read:

323.45 Exemption from liability Providers of equipment and other items. (1) No Except as provided in subs. (2) and (4), no person who provides equipment, materials, facilities, labor, or services is liable for the death of or injury to any person or damage to any property caused by his or her actions if the person did so under all of the following conditions:

(a) Under the direction of the governor, the adjutant general, the governing body, chief or acting chief executive officer, or head of emergency management services of any county, town, municipality, local unit of government or federally recognized American Indian tribe or band in this state, the department of health services if that department is designated by the governor under s. 166.03 (1) (b) 1. 323.10, or the local health department acting under s. 251.05 (3) (e).

(b) In response to enemy action, a natural or man-made disaster, or a federally declared state of emergency or during a state of emergency declared by the governor.

(2) This subsection section does not apply if the person's act or omission involved reckless, wanton, or intentional misconduct.

(3) This subsection section does not affect the right of any person to receive benefits to which he or she otherwise would be entitled under the worker's compensation law or under any pension law, nor does it affect entitlement to any other benefits or compensation authorized by state or federal law.

42,118 Section 118. 166.03 (11) of the statutes is renumbered 323.16 and amended to read:

323.16 Powers of peace law enforcement officers. During any state of emergency proclaimed declared by the governor or during any training program or exercises authorized by the adjutant general, any peace officer or traffic law enforcement officer of the state, or of a county, city, village or town, when legally engaged in traffic control, escort duty, or protective service, may carry out such the functions at any point within anywhere in the state but shall be subject to the direction of the adjutant general through the sheriff of the county in which an assigned function is performed.

42,119 Section 119. 166.03 (12) of the statutes is renumbered 323.01 (3) and amended to read:

323.01 (3) Red Cross not affected. Nothing contained in this section shall This chapter may not limit or in any way affect the responsibility of the American National Red Cross as authorized by the congress of the United States.

42,120 Section 120. 166.03 (13) of the statutes is renumbered 323.13 (1) (dm) and amended to read:

323.13 (1) (dm) Authority to withhold grants. If the adjutant general finds that any political subdivision of the state a local unit of government has not complied with the requirement of this section that it establish and maintain an operating developed, adopted, and implemented an emergency management organization, he or she may plan as required under s. 323.14 (1), refuse to approve grants of funds or items of equipment awarded under this chapter to such political subdivision the local unit of government until it complies the local unit of government does so. If such political subdivision the local unit of government fails to use the funds or items of equipment granted to it through the adjutant general in accordance with the agreement under which the grant was made, the adjutant general may refuse to make any additional grants to such political subdivision the local unit of government until it has complied with the conditions of the prior grant, and he or she may start recovery proceedings on the funds and items of equipment which that have not been used in accordance with the conditions of the grant.

42,121 Section 121. 166.03 (14) of the statutes is renumbered 323.28 and amended to read:

323.28 Penalties. Whoever intentionally fails to comply with the directives of an order issued by an agent of the state or of a local unit of government who is engaged in emergency management authorities promulgated activities under this section during a state of emergency or during any chapter, including training program or exercises may be fined, is subject to a forfeiture of not more than $200 or imprisoned not more than 90 days or both.

42,122 Section 122. 166.04 of the statutes is renumbered 323.12 (2) (c) and amended to read:

323.12 (2) (c) State traffic patrol and conservation warden duties during civil disorder. Without proclaiming a state of emergency, If the governor may, in writing filed with the secretary of state, determine determines that there exists a condition of civil disorder or a threat to the safety of persons on state property or damage or destruction to state property. Upon such filing exists, he or she may, without declaring an emergency, call out the state traffic patrol or the conservation warden force service or members thereof of that patrol or service for use in connection with such the threat to such life or property. For the duration of such threat, as determined by the governor, such officers shall have the powers of a peace officer as set forth in s. 59.28, except that such officers shall not be used in or take part in any dispute or controversy between employer or employee concerning wages, hours, labor or working conditions.

42,123 Section 123. 166.05 (title) of the statutes is renumbered 323.51 (title).

42,124 Section 124. 166.05 (1) of the statutes is renumbered 323.51 (1) and amended to read:

323.51 (1) Designation and use of a temporary location by the governor. Whenever, during a state of emergency as the result of a disaster or the imminent threat of a disaster, it becomes imprudent, inexpedient or impossible to conduct the affairs of state government at the state capital, the governor shall, as often as the exigencies of the situation require, by proclamation designate an emergency a temporary location for the seat of government at such a place within or without in or outside this state as he or she deems advisable, and. The governor shall take such any action and issue such any orders as are necessary for an orderly transition of the affairs of state government to such emergency the temporary location. If practicable, the emergency temporary location so designated by the governor designates shall conform to that provided for in the current emergency management plan authorized by s. 166.03. Such emergency under subch. II. The temporary location shall remain as the seat of government until the governor establishes a new location under this section, or until the emergency is ended under s. 166.03 and the seat of government is returned to its normal location.

42,125 Section 125. 166.05 (2) of the statutes is renumbered 323.51 (2) and amended to read:

323.51 (2) Exercise of governmental authority. While the seat of government remains at such a temporary location all official acts required by law to be performed at the seat of government by any officer, independent agency, department, or authority of this state, including the convening and meeting of the legislature in regular or special session under sub. (1), shall be as valid and binding when performed at such emergency the temporary location as if performed at the normal location.

42,126 Section 126. 166.06 (title) of the statutes is renumbered 323.52 (title) and amended to read:

323.52 (title) Emergency temporary Temporary locations of government for counties, towns and municipalities local units of government.

42,127 Section 127. 166.06 (1) of the statutes is renumbered 323.52 (1) and amended to read:

323.52 (1) Designation of emergency temporary locations. Whenever during a state of emergency it becomes imprudent, inexpedient, or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing body of each county, town and municipality of this state local unit of government may meet at any place within or without the territorial limits of such political subdivision the local unit of government on the call of the presiding officer or his or her successor, and shall proceed to establish and designate by ordinance, resolution, or other manner, alternate or substitute sites or places as the emergency temporary locations of government where all, or any part, of the public business may be transacted and conducted during the emergency situation. Such alternate or substitute site or places may be within or without the territorial limits of such county, town or municipality the local unit of government and may be within or without those of the state. If practicable, they shall be the sites or places designated as the emergency temporary locations of government in the current emergency management plan.

42,128 Section 128. 166.06 (2) of the statutes is renumbered 323.52 (2) and amended to read:

323.52 (2) Exercise of governmental authority. While the public business is being conducted at an emergency a temporary location, the governing body and other officers of a county, town or municipality of this state local unit of government shall have, possess and exercise, at such location, all of the executive, legislative, administrative, and judicial powers and functions conferred upon such the body and officers under state law. Such Those powers and functions, except judicial, may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto. All acts of such the body and officers shall be as valid and binding as if performed within the territorial limits of their county, town or municipality local unit of government.

42,129 Section 129. 166.06 (3) of the statutes is repealed.