66.03125 Fire departments; mutual assistance. (1) In this section "fire department" has the meaning given in s. 66.0314 (1) (c).
(2) (a) Subject to sub. (3), upon the request of a fire department, the personnel of any other fire department may assist the requester within the requester's jurisdiction, notwithstanding any other jurisdictional provision.
(b) If a request for assistance is made under par. (a), payment for the requested services shall be made by one of the following methods:
1. If an agreement under s. 66.0301, or any other agreement between the parties, for the payment of such services exists, the terms of the agreement shall be followed.
2. If no agreement described under subd. 1. for the payment of such services exists, the governmental unit that receives the assistance is responsible for the personnel or equipment costs incurred by the responding agency if the responding agency requests payment of those costs.
(3) This section does not apply during a state of emergency declared by the governor under s. 166.03 (1) (b) 1.
186,4 Section 4. 66.0314 of the statutes is created to read:
66.0314 State of emergency; mutual assistance. (1) In this section:
(a) "Emergency management program" means the emergency management program of a city, village, town, or county, under s. 166.03 (4) (a).
(b) "Emergency medical services program" means a program established under s. 146.55.
(c) "Fire department" means any public organization engaged in fire fighting or a private sector employer fire company or fire department organized as a nonstock, nonprofit corporation under ch. 181 or ch. 213 without the input of a municipality.
(d) "Incident command system" means a functional management system established to control, direct, and manage the roles, responsibilities, and operations of all of the agencies involved in a multi-jurisdictional or multi-agency emergency response, which may include authorities designated by a participating tribe or band.
(e) "Local health department" has the meaning given in s. 250.01 (4), and also includes an entity designated by a participating tribe or band as a local health department.
(fe) "Tribe or band" means a federally recognized American Indian tribe or band in this state.
(2) (a) If the governor declares a state of emergency under s. 166.03 (1) (b) 1., upon the request of a city, village, town, or county, or a person acting under an incident command system, the personnel of any emergency management program, emergency medical services program, fire department, or local health department may assist the requester within the requester's jurisdiction, notwithstanding any other jurisdictional provision.
(b) If a request for assistance is made under par. (a), the governmental unit that receives the assistance is responsible for the personnel or equipment costs incurred by the responding agency to the extent that federal, state, and other 3rd-party reimbursement is available if all of the following apply:
1. The responding agency meets the personnel and equipment requirements in the state plan under s. 166.03 (2) (a) 1.
2. The responding agency requests payment of those costs.
186,5 Section 5. 166.02 (6m) and (6r) of the statutes are created to read:
166.02 (6m) "Incident command system" means a functional management system established to control, direct, and manage the roles, responsibilities, and operations of all of the agencies involved in a multi-jurisdictional or multi-agency emergency response.
(6r) "Local health department" has the meaning given in s. 250.01 (4).
186,6 Section 6. 166.03 (2) (a) 1., 2. and 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 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 family services with respect to the emergency medical aspects of the plan. The plan shall specify equipment and personnel standards, and shall require the use of the incident command system, and specify the type of 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.
2. Prescribe and carry out statewide training programs and exercises to develop emergency management proficiency, disseminate information including warnings of enemy action, serve as the principal assistant to the governor in the direction of emergency management activities and coordinate emergency management programs between counties. The training programs shall include training in managing emergency operations utilizing the incident command system for local government officials, officers, and employees whose duties include responding to emergencies, including officers and employees of local health departments. The adjutant general shall consult with the department of health and family services regarding the provision of incident command system training to local health department personnel. To the extent possible, the adjutant general shall utilize federal funding to provide incident command system training.
3. Furnish guidance and develop and promulgate standards for emergency management programs for counties, towns and municipalities, and prescribe nomenclature for all levels of emergency management. The standards shall include a requirement that county, town, and municipal emergency management programs under sub. (4) (a) utilize the incident command system 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.
186,7 Section 7. 166.03 (5) (a) of the statutes is amended to read:
166.03 (5) (a) The head of emergency management services in each county, town and municipality 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 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.
186,8 Section 8. 166.03 (10) of the statutes is amended to read:
166.03 (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 management services in any county, town or, municipality or federally recognized American Indian tribe or band in this state, the department of health and family services if that department is designated by the governor under s. 166.03 (1) (b) 1., or a local health department acting under s. 251.05 (3) (e) 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.
186,9 Section 9. 250.042 (1) of the statutes is amended to read:
250.042 (1) If the governor declares a state of emergency related to public health under s. 166.03 (1) (b) 1. and designates the department as the lead state agency to respond to that emergency, the department shall act as the public health authority during the period of the state of emergency. The department shall ensure that the emergency operations during the state of emergency are conducted using the incident command system required under s. 166.03 (2) (a) 1. During the period of the state of emergency, the secretary may designate a local health department as an agent of the department and confer upon the local health department, acting under that agency, the powers and duties of the public health authority.
186,10 Section 10. 250.07 of the statutes is renumbered 250.07 (1).
186,11 Section 11. 250.07 (1m) of the statutes is created to read:
250.07 (1m) The public health council shall monitor implementation of any document developed by the department under sub. (1) (a) and shall advise the governor, the legislature, the department, and the public on progress in implementing the document and coordination of responses to public health emergencies.
186,12 Section 12. 252.06 (10) (c) of the statutes is created to read:
252.06 (10) (c) All expenses incurred by a local health department, or by an entity designated as a local health department by a federally recognized American Indian tribe or band in this state, in quarantining a person outside his or her home during a state of emergency related to public health declared by the governor under s. 166.03 (1) (b) 1. and not reimbursed from federal funds shall be paid for under either of the following, as appropriate:
1. If the governor designates the department as the lead state agency under s. 166.03 (1) (b) 1., from the appropriation under s. 20.435 (1) (c).
2. If the governor does not designate the department as the lead state agency under s. 166.03 (1) (b) 1., from the appropriation under s. 20.465 (3) (e).
186,15 Section 15. Nonstatutory provisions.
(1) Public health council. Notwithstanding the length of terms specified for the members of the public health council under section 15.197 (13) of the statutes, as created by this act, the initial members of the public health council shall be appointed by the first day of the 4th month beginning after the effective date of this subsection for the following terms:
(a) Seven members for terms expiring on July 1, 2005.
(b) Eight members for terms expiring on July 1, 2006.
(c) Eight members for terms expiring on July 1, 2007.
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