2009 Wisconsin Act 42

42,68 Section 68. 166.03 (1) (a) 1. of the statutes is renumbered 323.12 (1) (a).

42,69 Section 69. 166.03 (1) (a) 2. of the statutes is renumbered 323.12 (1) (b) and amended to read:

323.12 (1) (b) Review state emergency management plans and modifications thereof to the plans.

42,70 Section 70. 166.03 (1) (a) 3. of the statutes is renumbered 323.12 (3) and amended to read:

323.12 (3) Duties during an emergency. Employ the division of emergency management during a state of emergency proclaimed by him or her, During a state of emergency declared under s. 323.10, the governor shall issue orders and, delegate such authority as is deemed necessary to the administrator, and direct the division to coordinate emergency management activities.

42,71 Section 71. 166.03 (1) (a) 4. of the statutes is renumbered 323.12 (1) (c) and amended to read:

323.12 (1) (c) Determine responsibilities of state departments and independent agencies in with respect to emergency management and by order direct such those departments and agencies in utilizing personnel, facilities, supplies, and equipment before and during a state of emergency.

42,72 Section 72. 166.03 (1) (b) (intro.) and 1. of the statutes are consolidated, renumbered 323.10 and amended to read:

323.10 Declaration by governor. The governor may: 1. Proclaim issue an executive order declaring a state of emergency for the state or any portion of the state if he or she determines that an emergency resulting from enemy action or natural or man-made a disaster or the imminent threat of a disaster exists. If the governor determines that a public health emergency exists, he or she may declare issue an executive order declaring a state of emergency related to public health for the state or any portion of the state and may designate the department of health services as the lead state agency to respond to that emergency. The duration of such If the governor determines that the emergency is related to computer or telecommunication systems, he or she may designate the department of administration as the lead agency to respond to that emergency. A state of emergency shall not exceed 60 days as to emergencies resulting from enemy action or 30 days as to emergencies resulting from natural or man-made disaster, unless either the state of emergency is extended by joint resolution of the legislature. A copy of the proclamation executive order shall be filed with the secretary of state. The proclamation executive order may be revoked at the discretion of either the governor by written executive order or the legislature by joint resolution.

42,73 Section 73. 166.03 (1) (b) 2. of the statutes is renumbered 323.12 (2) (a).

42,74 Section 74. 166.03 (1) (b) 3. of the statutes is renumbered 323.12 (2) (b) and amended to read:

323.12 (2) (b) Accept from any source gifts and grants including services for emergency management purposes and may authorize the state, county, town and municipal officers and local units of government to receive such gifts and grants. When grants require county, town or municipal participation by a local unit of government, the state may transfer title to equipment acquired through such an agreement to between participating counties, towns and municipalities local units of government.

42,75 Section 75. 166.03 (1) (b) 4. of the statutes is renumbered 323.12 (4) (a) and amended to read:

323.12 (4) (a) During a state of emergency, declare Declare priority of emergency management contracts over other contracts, allocate materials and facilities in his or her discretion, and take, use, and destroy , in the name of the state, private property for emergency management purposes. Such taking, use or destruction shall be in the name of the state. Records The governor shall be kept keep records of such that action and such. Those records shall be evidence of a claim against the state. Any such The claim against the state shall be referred to the claims board under s. 16.007.

42,76 Section 76. 166.03 (1) (b) 5. of the statutes is renumbered 323.12 (4) (b) and amended to read:

323.12 (4) (b) During a state of emergency, issue Issue such orders as he or she deems necessary for the security of persons and property.

42,77 Section 77. 166.03 (1) (b) 6. of the statutes is renumbered 323.12 (4) (c) and amended to read:

323.12 (4) (c) During a state of emergency, contract Contract on behalf of the state with any person to provide, on a cost basis, equipment and services on a cost basis to be used in to respond to a disaster relief or the imminent threat of a disaster.

42,78 Section 78. 166.03 (1) (b) 8. of the statutes is renumbered 323.12 (4) (d) and amended to read:

323.12 (4) (d) During a state of emergency related to public health, suspend Suspend the provisions of any administrative rule if the strict compliance with that rule would prevent, hinder, or delay necessary actions to respond to the emergency and increase the health threat to the population disaster.

42,79 Section 79. 166.03 (2) (title) of the statutes is repealed.

42,80 Section 80. 166.03 (2) (a) (intro.) of the statutes is renumbered 323.13 (1) (intro.) and amended to read:

323.13 (1) (intro.) The adjutant general shall do all of the following:

42,81 Section 81. 166.03 (2) (a) 1. of the statutes is renumbered 323.13 (1) (b) and amended to read:

323.13 (1) (b) Subject to approval by the governor, develop and promulgate adopt 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 administrator, shall seek the advice of the department of health services with respect to the emergency medical aspects of the plan, and shall seek the advice of the department of administration with respect to aspects of the plan related to computer or telecommunication systems. 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 s. 323.10 or 323.11.

42,82 Section 82. 166.03 (2) (a) 2. of the statutes is renumbered 323.13 (1) (c) and amended to read:

323.13 (1) (c) 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 unit of government officials, officers, and employees whose duties include responding to emergencies a disaster or the imminent threat of a disaster, including officers and employees of local health departments. The adjutant general shall consult with the administrator, with the department of health services regarding the provision of incident command system training to local health department personnel, and with the department of administration regarding the provision of incident command system training for emergencies related to computer or telecommunication systems. To the extent possible, the adjutant general shall utilize federal funding to provide incident command system training.

42,83 Section 83. 166.03 (2) (a) 3. of the statutes is renumbered 323.13 (1) (d) and amended to read:

323.13 (1) (d) Furnish guidance and develop and promulgate establish standards for emergency management programs for counties, cities, villages, and towns local units of government, and prescribe nomenclature for all levels of emergency management, with the advice of the administrator. The standards shall include a requirement that county, city, village, and town local unit of government emergency management programs adopted under sub. (4) (a) s. 323.14 (1) (a) 1. and (b) 1. utilize the incident command system during a state of emergency declared under sub. (1) (b) 1. or s. 166.23 (1) s. 323.10 or 323.11 or in any other multi-jurisdictional or multi-agency emergency response. The standards for fire, rescue, and emergency medical services shall include the adoption of the intergovernmental cooperation Mutual Aid Box Alarm System as a mechanism that may be used for deploying personnel and equipment in a multi-jurisdictional or multi-agency emergency response. The adjutant general shall promulgate these standards as rules. The standards for agencies that manage public works shall include the suggestion that the local unit of government, or a federally recognized American Indian tribe or band in this state, adopt the mutual assistance agreement created by the division for the intergovernmental collaboration of public works personnel, equipment, and resources in a multi-jurisdictional or multi-agency emergency response. The adjutant general shall consult with representatives of public works professional associations and organizations regarding the content of that agreement.

42,84 Section 84. 166.03 (2) (a) 4. of the statutes is repealed.

42,85 Section 85. 166.03 (2) (a) 5. of the statutes is renumbered 323.13 (1) (e).

42,86 Section 86. 166.03 (2) (a) 6. of the statutes is renumbered 323.13 (1) (f), and 323.13 (1) (f) (intro.), as renumbered, is amended to read:

323.13 (1) (f) (intro.) No later than 90 days after a state of emergency relating to public health is declared and the department of health services is not designated under s. 166.03 (1) (b) 1. 323.10 as the lead state agency to respond to that emergency and no later than 90 days after the termination of this state of emergency relating to public health, submit to the legislature under s. 13.172 (2) and to the governor a report on all of the following:

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.