4. During a state of emergency, declare priority of emergency government management contracts over other contracts, allocate materials and facilities in his or her discretion, and take, use and destroy private property for emergency government management purposes. Such taking, use or destruction shall be in the name of the state. Records shall be kept of such action and such records shall be evidence of a claim against the state. Any such claim shall be referred to the claims board under s. 16.007.
247,21
Section 21
. 166.03 (2) (a) 1. to 3. of the statutes are amended to read:
166.03 (2) (a) 1. Subject to approval by the governor, develop and promulgate a state plan of emergency government management for the security of persons and property which shall be mandatory during a state of emergency. In developing the plan, the adjutant general shall seek the advice of the department of health and social services with respect to the emergency medical aspects of the plan.
2. Prescribe and carry out statewide training programs and exercises to develop emergency government management proficiency, disseminate information including warnings of enemy action, serve as the principal assistant to the governor in the direction of emergency government management activities and coordinate emergency government management programs between counties.
3. Furnish guidance and develop and promulgate standards for emergency government management programs for counties, towns and municipalities, and prescribe nomenclature for all levels of emergency government management.
247,22
Section 22
. 166.03 (2) (b) 1. to 3. of the statutes are amended to read:
166.03 (2) (b) 1. Divide the state into emergency
government management areas composed of whole counties by general or special written orders subject to approval by the governor, and modify the boundaries thereof 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.
2. Appoint a head of emergency government management for each area established in accordance with subd. 1. under the classified service on either a part-time or full-time basis, or may request the governor to designate any state officer or employe as acting area head on a part-time basis.
3. Designate and post highways as emergency government management routes closed to all but authorized vehicles when required for training programs and exercises.
247,23
Section 23
. 166.03 (3) to (5) of the statutes are amended to read:
166.03 (3) Powers and duties of area heads. Area heads of emergency government management may exercise such powers as are delegated and shall perform such duties as are assigned to them by the adjutant general.
(4) Powers and duties of counties and municipalities. (a) The governing body of each county, town and municipality shall adopt an effective program of emergency government management consistent with the state plan of emergency government management and, except at the county level in counties having a county executive, shall appoint a head of emergency government
management services. Each such governing body may appropriate funds and levy taxes for this program.
(b) In counties having a county executive under s. 59.031, the county board shall designate the county executive or confirm his or her appointee as county head of emergency government management services.
(c) Each county board shall designate a committee of the board as a county emergency government management committee whose chairperson shall be a member of the committee designated by the chairperson of the county board. The committee, in counties having a county executive under s. 59.031, shall retain policy-making and rule-making powers in the establishment and development of county emergency government
management plans and programs.
(d) During the continuance of a state of emergency proclaimed by the governor the county board of each county situated within the area to which the governor's proclamation applies may employ the county emergency government management organization and the facilities and other resources of the organization 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 government management organizations, facilities and resources. Nothing in this chapter prohibits counties and municipalities from employing their emergency government management organizations, facilities and resources to cope with the problems of local public emergencies except where restrictions are imposed by federal regulations on property donated by the federal government.
(5) (title) Powers and duties of head of emergency government management services. (a) The head of emergency government management services in each county, town and municipality shall for his or her respective county, town or municipality, develop and promulgate emergency government management plans consistent with state plans, direct the emergency government management program and perform such other duties related to emergency government management as are required by the governing body and the emergency government management committee of the governing body when applicable.
(b) The head of emergency government management services in each county shall coordinate and assist in developing town and municipal emergency government management plans within the county, integrate such plans with the county plan, advise the department of all emergency government management planning in the county and submit to the adjutant general such reports as he or she requires, direct and coordinate emergency government management activities throughout the county during a state of emergency, and direct countywide emergency government management training programs and exercises.
(c) The head of emergency government management services in each town and municipality shall direct local emergency government management training programs and exercises, direct participation in emergency government management programs and exercises ordered by the adjutant general and the county head of emergency government management services, and advise the county head of emergency government management services on local emergency government management programs and submit to him or her such reports as he or she requires.
(d) During the continuance of a state of emergency proclaimed by the governor, the head of emergency government management services in each county, town and municipality, on behalf of his or her respective county, town or municipality, may contract with any person to provide equipment and services on a cost basis to be used in disaster relief.
247,24
Section 24
. 166.03 (7) (a) and (b) of the statutes are amended to read:
166.03 (7) (a) Counties, towns and municipalities may cooperate under s. 66.30 to furnish services, combine offices and finance emergency government
management services.
(b) Counties, towns and municipalities may contract for emergency government management services with political subdivisions, emergency government
management units and civil defense units 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.
247,25
Section 25
. 166.03 (8) (a) to (e) and (g) of the statutes are amended to read:
166.03 (8) (a) No emergency government management organization established under this section shall participate in any form of political activity or be employed directly or indirectly for any political activity.
(b) No emergency government management organization established under this section shall be employed to interfere with the orderly process of a labor dispute.
(c) No person shall be employed or associated in any capacity in any emergency government management organization under this section 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.
(d) Employes of municipal and county emergency government management units are employes of the municipality or county to which the unit is attached for purposes of worker's compensation benefits. Employes of the area and state emergency government management units are employes of the state for purposes of worker's compensation benefits. Volunteer emergency government management workers are employes of the emergency government management unit with whom duly registered in writing for purposes of worker's compensation benefits. An emergency government management employe or volunteer who engages in emergency government management activities upon order of any echelon in the emergency government management organization other than that which carries his or her worker's compensation coverage shall be eligible for the same benefits as though employed by the governmental unit employing him or her. Any employment which is part of an emergency government management program including but not restricted because of enumeration, test runs and other activities which have a training objective as well as emergency government management activities during an emergency proclaimed in accordance with this chapter and which grows out of, and is incidental to, such emergency government management activity is covered employment. Members of an emergency government
management unit who are not acting as employes of a private employer during emergency government management activities are employes of the emergency government management unit for which acting. If no pay agreement exists or if the contract pay is less, pay for worker's compensation purposes shall be computed in accordance with s. 102.11.
(e) Emergency government management employes as defined in par. (d) shall be indemnified by their sponsor against any tort liability to third persons incurred in the performance of emergency government management activities while acting in good faith and in a reasonable manner. Emergency government management activities constitute a governmental function.
(g) Emergency government management employes as such shall receive no pay unless specific agreement for pay is made.
247,26
Section 26
. 166.03 (9), (10), (13) and (14) of the statutes are amended to read:
166.03 (9) Bearing of losses. Any loss arising from the damage to or destruction of government-owned equipment utilized in any authorized emergency government management activity shall be borne by the owner thereof.
(10) Exemption from liability. No person who provides equipment or services under the direction of the governor, the adjutant general or the head of emergency government management services in any county, town or municipality during a state of emergency declared by the governor is liable for the death of or injury to any person or damage to any property caused by his or her actions, except where the trier of fact finds that the person acted intentionally or with gross negligence. This subsection does not affect the right of any person to receive benefits to which he or she would otherwise 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.
(13) Authority to withhold grants. If the adjutant general finds that any political subdivision of the state has not complied with the requirement of this section that it establish and maintain an operating emergency government management organization, he or she may refuse to approve grants of funds or items of equipment to such political subdivision until it complies. If such political subdivision fails to use 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 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 have not been used in accordance with the conditions of the grant.
(14) Penalties. Whoever intentionally fails to comply with the directives of emergency government
management authorities promulgated under this section during a state of emergency or during any training program or exercises may be fined not more than $200 or imprisoned not more than 90 days or both.
247,27
Section 27
. 166.05 (1) of the statutes is amended to read:
166.05 (1) Designation of emergency temporary location. Whenever, during a state of emergency 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 temporary location for the seat of government at such place within or without this state as he or she deems advisable, and shall take such action and issue such orders as are necessary for an orderly transition of the affairs of state government to such emergency temporary location. If practicable, the emergency temporary location so designated by the governor shall conform to that provided for in the current emergency government management plan authorized by s. 166.03. Such emergency 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.
247,28
Section 28
. 166.06 (1) of the statutes is amended to read:
166.06 (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 may meet at any place within or without the territorial limits of such political subdivision 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 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 government management plan.
247,29
Section 29
. 166.15 (1) (d) of the statutes is amended to read:
166.15 (1) (d) “Emergency provider" means any person who provides emergency care or facilities and includes emergency government management.
247,30
Section 30
. 166.20 (3) (c) of the statutes is amended to read:
166.20 (3) (c) Consult and coordinate with the county board, the county and local heads of emergency government management services designated under s. 166.03 (4) (a) or (b) and the county emergency government
management committee designated under s. 166.03 (4) (c) in the execution of the local emergency planning committee's duties under this section.
247,31
Section 31
. 166.22 (1) (c) of the statutes is amended to read:
166.22 (1) (c) “Local agency" means an agency of a county, city, village or town, including a municipal police or fire department, a municipal health organization, a county office of emergency government management, a county sheriff, an emergency medical service or a public works department.
247,32
Section 32
. 343.055 (1) (b) of the statutes is amended to read:
343.055 (1) (b) Fire fighters. The operator of the commercial motor vehicle including, without limitation, fire trucks, hook and ladder trucks and foam or water transporters, is a person employed by a volunteer or paid fire organization and the person is operating emergency or fire fighting equipment necessary to the preservation of life or property or the execution of emergency government management functions and equipped with a siren and warning lamps as provided in ss. 347.25 (1) and 347.38 (4) and the operation is in the routine performance of other duties of the fire organization or in response to an emergency call under s. 346.03 or during the return from a fire or other emergency response.
247,33
Section 33
.
Nonstatutory provisions.
(1) Notwithstanding section 15.315 (1) of the statutes, as affected by this act, the members appointed to the state emergency response board under that subsection shall serve for the following initial terms:
(a) One of the members representing industry, the member representing a labor organization, the member representing small businesses and the member representing the department of natural resources shall serve for terms expiring on May 1, 1997.
(b) The member representing a farm or agricultural organization, the member representing the department of agriculture, trade and consumer protection, the member representing fire fighting and the member representing an environmental organization shall serve for terms expiring on May 1, 1998.
(c) The other member representing industry, the member representing public or community health services, the member representing law enforcement and one of the members representing elected officials or employes of county or municipal government shall serve for terms expiring on May 1, 1999.
(d) The other member representing elected officials or employes of county or municipal government, the member representing the department of health and family services, the member representing the department of transportation and the member representing the department of commerce shall serve for terms expiring on May 1, 2000.
247,34
Section 34
.
Effective date.
(1) This act takes effect on July 1, 1996, or on the day after publication, whichever is later.
