SB226,23,139
323.01
(1) To prepare the state and its subdivisions to cope with emergencies
10resulting from
enemy action and natural or man-made
disasters a disaster, or the
11imminent threat of a disaster, it is declared to be necessary to establish an
12organization for emergency management, conferring upon the governor and others
13specified the powers and duties provided by this chapter.
SB226, s. 51
14Section
51. 166.02 (intro.) of the statutes is renumbered 323.02 (intro.).
SB226, s. 52
15Section
52. 166.02 (1g) of the statutes is renumbered 323.02 (1).
SB226, s. 53
16Section
53. 166.02 (1m) of the statutes is renumbered 323.02 (2).
SB226, s. 54
17Section
54. 166.02 (1p) of the statutes is renumbered 323.02 (3).
SB226, s. 55
18Section
55. 166.02 (1r) of the statutes is renumbered 323.02 (4).
SB226, s. 56
19Section
56. 166.02 (1t) of the statutes is renumbered 323.02 (5) and amended
20to read:
SB226,23,2321
323.02
(5) "Chemical agent" means a substance that has chemical properties
22that produce lethal or serious effects in
humans, plants
or, animals
, or other living
23organisms.
SB226, s. 57
24Section
57. 166.02 (2) of the statutes is repealed.
SB226, s. 58
25Section
58. 166.02 (3) of the statutes is renumbered 323.02 (7).
SB226, s. 59
1Section
59. 166.02 (4) of the statutes is renumbered 323.02 (8) and amended
2to read:
SB226,24,53
323.02
(8) "Emergency management"
includes "civil defense" and means all
4measures undertaken by or on behalf of the state and its subdivisions
to do any of
5the following:
SB226,24,86
(a)
To prepare Prepare for and minimize the effect of
enemy action and natural
7or man-made a disaster
upon the civilian population or the imminent threat of a
8disaster.
SB226,24,119
(b)
To effectuate emergency Make repairs to
, or
the emergency restoration of, 10vital public utilities and facilities restore infrastructure or critical systems that are 11destroyed or damaged by
such action or a disaster.
SB226, s. 60
12Section
60. 166.02 (5) of the statutes is repealed.
SB226, s. 61
13Section
61. 166.02 (6m) of the statutes is renumbered 323.02 (9).
SB226, s. 62
14Section
62. 166.02 (6r) of the statutes is renumbered 323.02 (14).
SB226, s. 63
15Section
63. 166.02 (6u) of the statutes is repealed.
SB226, s. 64
16Section
64. 166.02 (7) of the statutes is renumbered 323.02 (16).
SB226, s. 65
17Section
65. 166.02 (8) of the statutes is renumbered 323.02 (18) and amended
18to read:
SB226,24,2119
323.02
(18) "Radiological agent" means radiation or radioactive material at a
20level that is dangerous to
human health humans, animals, plants, or other living
21organisms.
SB226, s. 66
22Section
66. 166.03 (title) of the statutes is repealed.
SB226, s. 67
23Section
67. 166.03 (1) (title) and (a) (intro.) of the statutes are repealed.
SB226, s. 68
24Section
68. 166.03 (1) (a) 1. of the statutes is renumbered 323.12 (1) (a).
SB226, s. 69
1Section
69. 166.03 (1) (a) 2. of the statutes is renumbered 323.12 (1) (b) and
2amended to read:
SB226,25,43
323.12
(1) (b) Review state emergency management plans and modifications
4thereof to the plans.
SB226, s. 70
5Section
70. 166.03 (1) (a) 3. of the statutes is renumbered 323.12 (3) and
6amended to read:
SB226,25,117
323.12
(3) Duties during an emergency. Employ the division of emergency
8management during a state of emergency proclaimed by him or her,
During a state
9of emergency declared under s. 323.10, the governor shall issue orders
and, delegate
10such authority as is
deemed necessary to the administrator
, and direct the division
11to coordinate emergency management activities.
SB226, s. 71
12Section
71. 166.03 (1) (a) 4. of the statutes is renumbered 323.12 (1) (c) and
13amended to read:
SB226,25,1714
323.12
(1) (c) Determine responsibilities of state departments and independent
15agencies
in with respect to emergency management and by order direct
such those 16departments and agencies in utilizing personnel, facilities, supplies
, and equipment
17before and during a state of emergency.
SB226, s. 72
18Section
72. 166.03 (1) (b) (intro.) and 1. of the statutes are consolidated,
19renumbered 323.10 and amended to read:
SB226,26,11
20323.10 Declaration by governor. The governor may
: 1. Proclaim issue an
21executive order declaring a state of emergency for the state or any portion of the state
22if he or she determines that an emergency resulting from
enemy action or natural
23or man-made a disaster
or the imminent threat of a disaster exists. If the governor
24determines that a public health emergency exists, he or she may
declare issue an
25executive order declaring a state of emergency related to public health
for the state
1or any portion of the state and may designate the department of health services as
2the lead state agency to respond to that emergency.
The duration of such If the
3governor determines that the emergency is related to computer or
4telecommunication systems, he or she may designate the department of
5administration as the lead agency to respond to that emergency. A state of
6emergency shall not exceed 60 days
as to emergencies resulting from enemy action
7or 30 days as to emergencies resulting from natural or man-made disaster, unless
8either the state of emergency is extended by joint resolution of the legislature. A copy
9of the
proclamation executive order shall be filed with the secretary of state. The
10proclamation executive order may be revoked at the discretion of either the governor
11by
written executive order or the legislature by joint resolution.
SB226, s. 73
12Section
73. 166.03 (1) (b) 2. of the statutes is renumbered 323.12 (2) (a).
SB226, s. 74
13Section
74. 166.03 (1) (b) 3. of the statutes is renumbered 323.12 (2) (b) and
14amended to read:
SB226,26,2115
323.12
(2) (b) Accept from any source gifts and grants including services for
16emergency management purposes and may authorize
the state
, county, town and
17municipal officers and local units of government to receive such gifts and grants.
18When grants require
county, town or municipal participation
by a local unit of
19government, the state may transfer title to equipment acquired through
such an 20agreement
to between participating
counties, towns and municipalities local units
21of government.
SB226, s. 75
22Section
75. 166.03 (1) (b) 4. of the statutes is renumbered 323.12 (4) (a) and
23amended to read:
SB226,27,624
323.12
(4) (a)
During a state of emergency, declare Declare priority of
25emergency management contracts over other contracts, allocate materials and
1facilities in his or her discretion, and take, use
, and destroy
, in the name of the state, 2private property for emergency management purposes.
Such taking, use or
3destruction shall be in the name of the state. Records The governor shall
be kept keep
4records of
such that action
and such. Those records shall be evidence of a claim
5against the state.
Any such The claim
against the state shall be referred to the claims
6board under s. 16.007.
SB226, s. 76
7Section
76. 166.03 (1) (b) 5. of the statutes is renumbered 323.12 (4) (b) and
8amended to read:
SB226,27,109
323.12
(4) (b)
During a state of emergency, issue Issue such orders as he or she
10deems necessary for the security of persons and property.
SB226, s. 77
11Section
77. 166.03 (1) (b) 6. of the statutes is renumbered 323.12 (4) (c) and
12amended to read:
SB226,27,1513
323.12
(4) (c)
During a state of emergency, contract Contract on behalf of the
14state with any person to provide
, on a cost basis, equipment and services
on a cost
15basis to be used
in to respond to a disaster
relief or the imminent threat of a disaster.
SB226, s. 78
16Section
78. 166.03 (1) (b) 8. of the statutes is renumbered 323.12 (4) (d) and
17amended to read:
SB226,27,2118
323.12
(4) (d)
During a state of emergency related to public health, suspend 19Suspend the provisions of any administrative rule if the strict compliance with that
20rule would prevent, hinder, or delay necessary actions to respond to the
emergency
21and increase the health threat to the population disaster.
SB226, s. 79
22Section
79. 166.03 (2) (title) of the statutes is repealed.
SB226, s. 80
23Section
80. 166.03 (2) (a) (intro.) of the statutes is renumbered 323.13 (1)
24(intro.) and amended to read:
SB226,27,2525
323.13
(1) (intro.) The adjutant general shall
do all of the following:
SB226, s. 81
1Section
81. 166.03 (2) (a) 1. of the statutes is renumbered 323.13 (1) (b) and
2amended to read:
SB226,28,143
323.13
(1) (b) Subject to approval by the governor, develop and
promulgate 4adopt a state plan of emergency management for the security of persons and property
5which shall be mandatory during a state of emergency. In developing the plan, the
6adjutant general shall seek the advice of the
administrator, shall seek the advice of
7the department of health services with respect to the emergency medical aspects of
8the plan
, and shall seek the advice of the department of administration with respect
9to aspects of the plan related to computer or telecommunication systems. The plan
10shall specify equipment and personnel standards, and shall require the use of the
11incident command system, and specify the type of incident command system, by all
12emergency response agencies, including local health departments, during a state of
13emergency declared under
sub. (1) (b) 1. or s. 166.23 (1) or in any other
14multi-jurisdictional or multi-agency emergency response s. 323.10 or 323.11.
SB226, s. 82
15Section
82. 166.03 (2) (a) 2. of the statutes is renumbered 323.13 (1) (c) and
16amended to read:
SB226,29,617
323.13
(1) (c) Prescribe and carry out statewide training programs and
18exercises to develop emergency management proficiency, disseminate information
19including warnings of enemy action, serve as the principal assistant to the governor
20in the direction of emergency management activities, and coordinate emergency
21management programs
between counties. The training programs shall include
22training in managing emergency operations utilizing the incident command system
23for local
unit of government officials, officers, and employees whose duties include
24responding to
emergencies a disaster or the imminent threat of a disaster, including
25officers and employees of local health departments. The adjutant general shall
1consult with the
administrator, with the department of health services regarding the
2provision of incident command system training to local health department
3personnel
, and with the department of administration regarding the provision of
4incident command system training for emergencies related to computer or
5telecommunication systems. To the extent possible, the adjutant general shall
6utilize federal funding to provide incident command system training.
SB226, s. 83
7Section
83. 166.03 (2) (a) 3. of the statutes is renumbered 323.13 (1) (d) and
8amended to read:
SB226,30,49
323.13
(1) (d) Furnish guidance and
develop and promulgate establish 10standards for emergency management programs for
counties, cities, villages, and
11towns local units of government, and prescribe nomenclature for all levels of
12emergency management
, with the advice of the administrator. The standards shall
13include a requirement that
county, city, village, and town local unit of government 14emergency management programs
adopted under
sub. (4) (a) s. 323.14 (1) (a) 1. and
15(b) 1. utilize the incident command system during a state of emergency declared
16under
sub. (1) (b) 1. or s. 166.23 (1) s. 323.10 or 323.11 or in any other
17multi-jurisdictional or multi-agency emergency response. The standards for fire,
18rescue, and emergency medical services shall include the adoption of the
19intergovernmental cooperation Mutual Aid Box Alarm System as a mechanism that
20may be used for deploying personnel and equipment in a multi-jurisdictional or
21multi-agency emergency response.
The adjutant general shall promulgate these
22standards as rules. The standards for agencies that manage public works shall
23include the suggestion that the local unit of government, or a federally recognized
24American Indian tribe or band in this state, adopt the mutual assistance agreement
25created by the division for the intergovernmental collaboration of public works
1personnel, equipment, and resources in a multi-jurisdictional or multi-agency
2emergency response. The adjutant general shall consult with representatives of
3public works professional associations and organizations regarding the content of
4that agreement.
SB226, s. 84
5Section
84. 166.03 (2) (a) 4. of the statutes is repealed.
SB226, s. 85
6Section
85. 166.03 (2) (a) 5. of the statutes is renumbered 323.13 (1) (e).
SB226, s. 86
7Section
86. 166.03 (2) (a) 6. of the statutes is renumbered 323.13 (1) (f), and
8323.13 (1) (f) (intro.), as renumbered, is amended to read:
SB226,30,149
323.13
(1) (f) (intro.) No later than 90 days after a state of emergency relating
10to public health is declared and the department of health services is not designated
11under s.
166.03 (1) (b) 1. 323.10 as the lead state agency to respond to that emergency
12and no later than 90 days after the termination of this state of emergency relating
13to public health, submit to the legislature under s. 13.172 (2) and to the governor a
14report on all of the following:
SB226, s. 87
15Section
87. 166.03 (2) (b) (intro.) of the statutes is renumbered 323.13 (2)
16(intro.) and amended to read:
SB226,30,1817
323.13
(2) Ongoing powers. (intro.) The adjutant general may
do all of the
18following:
SB226, s. 88
19Section
88. 166.03 (2) (b) 1. of the statutes is renumbered 323.13 (2) (a) and
20amended to read:
SB226,30,2521
323.13
(2) (a) Divide the state into emergency management
areas regions 22composed of whole counties
by general or special written orders, subject to approval
23by the governor, and modify the boundaries
thereof
of those regions as changed
24conditions warrant.
Such areas shall be classified and designated in accordance with
25standards promulgated under the federal civil defense act of 1950, as amended.
SB226, s. 89
1Section
89. 166.03 (2) (b) 2. of the statutes is renumbered 323.13 (2) (b) and
2amended to read:
SB226,31,73
323.13
(2) (b) Appoint a
head director of emergency management for each
area 4established in accordance with subd. 1. region under par. (a) under the classified
5service on either a part-time or full-time basis, or
may request ask the governor to
6designate any state officer or employee as acting
area head regional director on a
7part-time basis.
SB226, s. 90
8Section
90. 166.03 (2) (b) 3. of the statutes is renumbered 323.13 (2) (c).
SB226, s. 91
9Section
91. 166.03 (2) (b) 4. of the statutes is renumbered 323.13 (2) (d).
SB226, s. 92
10Section
92. 166.03 (2) (b) 5. of the statutes is renumbered 323.13 (2) (e) and
11amended to read:
SB226,31,1412
323.13
(2) (e) Organize and train state mobile support units to aid any
area 13region during a state of emergency.
Such The units may participate in training
14programs and exercises
both within
and or outside the state.
SB226, s. 93
15Section
93. 166.03 (2) (b) 6. of the statutes is renumbered 323.13 (2) (f) and
16amended to read:
SB226,31,2417
323.13
(2) (f) Request the department of health services to inspect or provide
18for the inspection of shipments of radioactive waste, obtain and analyze data
19concerning the radiation level of shipments of radioactive waste and issue reports
20concerning these shipments and radiation levels. The adjutant general may assess
21and collect and receive contributions for any costs incurred under this
subdivision 22paragraph from any person who produced the radioactive waste which is the subject
23of the activity for which the costs are incurred. In this
subdivision paragraph,
24"radioactive waste" has the meaning given in s. 293.25 (1) (b).
SB226, s. 94
25Section
94. 166.03 (2) (b) 7. of the statutes is renumbered 323.13 (2) (g).
SB226, s. 95
1Section
95. 166.03 (2) (b) 8. of the statutes is renumbered 323.30 and amended
2to read:
SB226,32,11
3323.30 Federal disaster assistance.
Make The adjutant general shall make 4payments from the appropriation under s. 20.465 (3) (e) to pay this state's share of
5grants to individuals and to provide a share of any required state share of
6contributions to local governments
, as defined in
42 USC 5122 (6)
, for major disaster
7recovery assistance. Payment of this state's share of any contribution to a local
8government under this
subdivision section is contingent upon copayment of that
9share by the local government, but not to exceed 12.5% of the total eligible cost of
10assistance. No payment may be made under this
subdivision section without the
11prior approval of the secretary of administration.
SB226, s. 96
12Section
96. 166.03 (2) (b) 9. of the statutes is renumbered 323.31 and amended
13to read:
SB226,33,3
14323.31 State disaster assistance. From the appropriations under s. 20.465
15(3) (b) and (s),
the adjutant general shall make payments to local governmental units,
16as defined in s. 19.42 (7u),
and to federally recognized American Indian tribes and
17bands in this state for the damages and costs incurred as the result of a
major
18catastrophe disaster if federal disaster assistance is not available for that
19catastrophe disaster because the governor's request that the president declare the
20catastrophe disaster a major disaster under
42 USC 5170 has been denied or because
21the disaster
, as determined by the department of military affairs, does not meet the
22statewide or countywide per capita impact indicator under the public assistance
23program that is issued by the federal emergency management agency. To be eligible
24for a payment under this
subdivision section, the local governmental unit
or tribe or
25band shall pay 30 percent of the amount of the damages and costs resulting from the
1natural disaster. The department of military affairs shall promulgate rules
2establishing the application process and the criteria for determining eligibility for
3payments under this
subdivision section.
SB226, s. 97
4Section
97. 166.03 (3) of the statutes is repealed.
SB226, s. 98
5Section
98. 166.03 (4) (title) of the statutes is renumbered 323.14 (title) and
6amended to read:
SB226,33,8
7323.14 (title)
Powers and
Local government; duties of counties and
8municipalities and powers.
SB226, s. 99
9Section
99. 166.03 (4) (a) of the statutes is renumbered 323.14 (1) (b) 1. and
10amended to read:
SB226,33,1511
323.14
(1) (b) 1. The governing body of each
county, city, village, or town
and
12municipality shall
develop and adopt an
effective program of emergency
13management
consistent plan and program that is compatible with the state plan of
14emergency management
and, except at the county level in counties having a county
15executive, adopted under s. 323.13 (1) (b).
SB226,33,18
162. The governing body of each city, village, or town shall
appoint designate a
17head of emergency management services.
Each such may appropriate funds and levy
18taxes for this program.
SB226, s. 100
19Section
100. 166.03 (4) (b) of the statutes is renumbered 323.14 (1) (a) 2. and
20amended to read:
SB226,34,221
323.14
(1) (a) 2.
Each county board shall designate a head of emergency
22management. In counties having a county executive under s. 59.17, the county board
23shall designate the county executive or confirm his or her appointee as county head
24of emergency management
services. Notwithstanding sub. (2) (b), an individual may
1not simultaneously serve as the head of emergency management for 2 or more
2counties.
SB226, s. 101
3Section
101. 166.03 (4) (c) of the statutes is renumbered 323.14 (1) (a) 3. and
4amended to read:
SB226,34,115
323.14
(1) (a) 3. Each county board shall designate a committee of the board
6as a county emergency management committee
whose. The chairperson
of the
7county board shall
be a member of the committee designated by designate the
8chairperson of the
county board. The committee
, in. In counties having a county
9executive under s. 59.17,
the committee shall retain policy-making and rule-making
10powers in the establishment and development of county emergency management
11plans and programs.
SB226, s. 102
12Section
102. 166.03 (4) (d) of the statutes is renumbered 323.14 (3) (b) and
13amended to read:
SB226,35,314
323.14
(3) (b) During
the continuance of a state of emergency
proclaimed 15declared by the governor
the county board of each county, a local unit of government 16situated within the area to which the governor's
proclamation executive order 17applies may employ
the county emergency management organization and the 18personnel, facilities
, and other resources
of the organization consistent with the plan
19adopted under sub. (1) (a) 1. or (b) 1. to cope with the problems
of the emergency, and
20the governing body of each municipality and town situated within the area shall have
21similar authority with respect to municipal emergency management organizations,
22facilities and resources that resulted in the governor declaring the emergency.
23Nothing in this chapter prohibits
counties and municipalities local units of
24government from employing their
emergency management organizations personnel,
25facilities
, and resources
consistent with the plan adopted under sub. (1) (a) 1. or (b)
11. to cope with the problems of local
public emergencies disasters except where
2restrictions are imposed by federal regulations on property donated by the federal
3government.
SB226, s. 103
4Section
103. 166.03 (5) (title) of the statutes is repealed.
SB226, s. 104
5Section
104. 166.03 (5) (a) of the statutes is renumbered 323.15 (1) (a) and
6amended to read:
SB226,35,187
323.15
(1) (a) The head of emergency management
services in for each
county,
8town and municipality local unit of government shall
for his or her respective county,
9town or municipality, develop and promulgate emergency management plans
10consistent with state plans, direct the emergency management program implement
11the plan adopted under s. 323.14 (1) (a) 1. or (b) 1., whichever is applicable, and
12perform such other duties related to emergency management as are required by the
13governing body and the emergency management committee of the governing body
14when applicable. The emergency management plans shall require the use of the
15incident command system by all emergency response agencies, including local health
16departments, during a state of emergency declared under
sub. (1) (b) 1. or s. 166.23
17(1) or in any other multi-jurisdictional or multi-agency emergency response s.
18323.10 or 323.11.
SB226, s. 105
19Section
105. 166.03 (5) (b) of the statutes is renumbered 323.15 (1) (b) and
20amended to read: