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1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 419
February 21, 1996 - Offered by Committee on Veterans and Military Affairs.
SB419-ASA1,1,12 1An Act to amend 15.07 (1) (cm), 15.313 (1), 15.315 (1), 20.465 (3) (title), (a) and
2(g), 21.20, 66.146 (1) (a), 70.11 (23), 87.305 (1) (c) (intro.), 101.143 (3) (a) 5.,
3102.475 (title) and (1), 132.17, 146.53 (5) (i), chapter 166 (title), 166.01, 166.02
4(3) and (4) (intro.), 166.03 (title), 166.03 (1) (a) 1. to 4., 166.03 (1) (b) 2. to 4.,
5166.03 (2) (a) 1. to 3., 166.03 (2) (b) 1. to 3., 166.03 (3) to (5), 166.03 (7) (a) and
6(b), 166.03 (8) (a) to (e) and (g), 166.03 (9), (10), (13) and (14), 166.05 (1), 166.06
7(1), 166.15 (1) (d), 166.20 (3) (c), 166.22 (1) (c) and 343.055 (1) (b); to repeal and
8recreate
15.947 (1); and to create 15.07 (2) (k) of the statutes; relating to:
9changing the name of the division of emergency government in the department
10of military affairs, changing references to local emergency government
11agencies and changing the composition and terms of the state emergency
12response board.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB419-ASA1, s. 1 13Section 1. 15.07 (1) (cm) of the statutes, as affected by 1995 Wisconsin Act 27,
14section 95m, is amended to read:
SB419-ASA1,2,20
115.07 (1) (cm) The term of one member of the ethics board shall expire on each
2May 1. The terms of 3 members of the development finance board appointed under
3s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms
4of the other 3 members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of
5every odd-numbered year. The terms of the 3 members of the land and water
6conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1.
7The term of the member of the land and water conservation board appointed under
8s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of
9members of the real estate board shall expire on July 1. The terms of the appraiser
10members of the real estate appraisers board and the terms of the auctioneer and
11auction company representative members of the auctioneer board shall expire on
12May 1 in an even-numbered year. The terms of the 4 members of the educational
13technology board appointed under s. 15.105 (26) (a) 1., 3., 6. and 9. shall expire on
14May 1 in an even-numbered year. The terms of the members of the public intervenor
15board shall expire as provided in s. 15.345 (4) (b). The terms of 3 members of the
16gaming board appointed under s. 15.64 shall expire on July 1 of an even-numbered
17year and the terms of the other 2 members shall expire on July 1 of an odd-numbered
18year. The terms of 4 of the members of the state emergency response board, except
19the administrator of the division of emergency management in the department of
20military affairs, shall expire on May 1 of each year.
SB419-ASA1, s. 2 21Section 2. 15.07 (2) (k) of the statutes is created to read:
SB419-ASA1,2,2422 15.07 (2) (k) The administrator of the division of emergency management in
23the department of military affairs shall serve as chairperson of the state emergency
24response board.
SB419-ASA1, s. 3 25Section 3. 15.313 (1) of the statutes is amended to read:
SB419-ASA1,3,5
115.313 (1) (title) Division of emergency government management. There is
2created in the department of military affairs a division of emergency government
3management. The administrator of this division shall be nominated by the governor
4and with the advice and consent of the senate appointed, to serve at the pleasure of
5the governor.
SB419-ASA1, s. 4 6Section 4. 15.315 (1) of the statutes is amended to read:
SB419-ASA1,3,257 15.315 (1) State emergency response board. There is created a state
8emergency response board, which is attached to the department of military affairs
9under s. 15.03. The state emergency response board shall consist of one
10representative
the administrator of the division of emergency management in the
11department of military affairs, division of emergency government, one
12representative of the subunit of the department of health and family services that
13administers health-related programs, one representative of the department of
14commerce,
one representative of the department of transportation, one
15representative of the department of natural resources, one representative of the
16department of agriculture, trade and consumer protection, one representative each
17from fire fighting, law enforcement and public or community health services, 2
18representatives of industry, one representative of small business, as defined in s.
1915.227 (3), 2. representatives who are elected officials or employes of county and or
20municipal government, one representative of a farm or agricultural organization,
21one representative of a labor organization and one representative of an
22environmental organization. The members of the board shall serve at the pleasure
23of the governor
4-year terms, except that the administrator of the division of
24emergency management in the department of military affairs shall be a permanent
25member
.
SB419-ASA1, s. 5
1Section 5. 15.947 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is
2repealed and recreated to read:
SB419-ASA1,4,103 15.947 (1) Council on fire service training programs. There is created in the
4technical college system board a council on fire service training programs consisting
5of a representative of the division of emergency management designated by the
6administrator thereof; a representative of the department of development
7designated by the secretary of development; a representative of the commissioner of
8insurance designated by the commissioner; and 4 bona fide members of volunteer fire
9departments and 2 bona fide members of paid fire departments appointed for
10staggered 6-year terms.
SB419-ASA1, s. 6 11Section 6. 20.465 (3) (title), (a) and (g) of the statutes are amended to read:
SB419-ASA1,4,1512 20.465 (3) (title) Emergency government management services. (a) General
13program operations.
The amounts in the schedule for the general program
14operations of the division of emergency government management including, but not
15limited to, central administrative support services by the department.
SB419-ASA1,4,2216 (g) Program services. The amounts in the schedule for conferences, training
17and other services provided by the division of emergency government management
18and for expenses incurred under s. 166.03 (2) (b) 6. and 7. All moneys received for
19conferences, training and other services provided by the division of emergency
20government management shall be credited to this appropriation. All moneys
21received from assessments and contributions under s. 166.03 (2) (b) 6. and 7. shall
22be credited to this appropriation.
SB419-ASA1, s. 7 23Section 7. 21.20 of the statutes is amended to read:
SB419-ASA1,5,3 2421.20 Civil service status. All full-time state-paid employes of the
25department of military affairs shall be under the classified service, except the

1adjutant general, the executive assistant to the adjutant general, the deputy
2adjutants general for army and air and the administrator of the division of
3emergency government management.
SB419-ASA1, s. 8 4Section 8. 66.146 (1) (a) of the statutes is amended to read:
SB419-ASA1,5,155 66.146 (1) (a) "Public office" means the following positions or their equivalent:
6city engineer; city purchasing agent; commissioner of building inspection, of city
7development, of health or of public works; director of administration, of budget and
8management, of community development agency, of employe relations, of office of
9telecommunications, or of safety; emergency government management coordinator;
10employe benefits administrator; executive director of the commission on community
11relations; municipal port director; commissioner of assessments; director of liaison;
12city personnel director; executive director of the retirement board; executive director
13of the city board of election commissioners; city librarian; city labor negotiator;
14executive secretary of the board of fire and police commissioners; and supervisor of
15the central electronics board.
SB419-ASA1, s. 9 16Section 9. 70.11 (23) of the statutes is amended to read:
SB419-ASA1,5,2017 70.11 (23) Shelters. Any shelter or portion of a structure constructed and used
18exclusively for the protection of human life and records against nuclear attack and
19approved as sufficient for such purpose by the local emergency government
20management authority and the local assessor.
SB419-ASA1, s. 10 21Section 10. 87.305 (1) (c) (intro.) of the statutes is amended to read:
SB419-ASA1,6,222 87.305 (1) (c) (intro.) The department informs the U.S. army corps of engineers,
23the department of transportation, the division of emergency government
24management and the state historical society of its intention to authorize connection

1of sewer service and a water supply to the railroad depot and the Dousman hotel and
2occupancy of the hotel and either:
SB419-ASA1, s. 11 3Section 11. 101.143 (3) (a) 5. of the statutes is amended to read:
SB419-ASA1,6,74 101.143 (3) (a) 5. The owner or operator or the person reports the discharge in
5a timely manner to the division of emergency government management in the
6department of military affairs or to the department of natural resources, according
7to the requirements under s. 144.76.
SB419-ASA1, s. 12 8Section 12. 102.475 (title) and (1) of the statutes are amended to read:
SB419-ASA1,6,23 9102.475 (title) Death benefit; law enforcement and correctional
10officers, fire fighters, rescue squad members, national or state guard
11members and emergency
government management personnel. (1) Special
12benefit.
If the deceased employe is a law enforcement officer, correctional officer, fire
13fighter, rescue squad member, national guard member or state defense force member
14on state active duty as described in s. 102.07 (9) or if a deceased person is an employe
15or volunteer performing emergency government management activities under ch.
16166 during a state of emergency or a circumstance described in s. 166.04, who
17sustained an accidental injury while performing services growing out of and
18incidental to that employment or volunteer activity so that benefits are payable
19under s. 102.46 or 102.47 (1), the department shall voucher and pay from the
20appropriation under s. 20.445 (1) (aa) a sum equal to 75% of the primary death
21benefit as of the date of death, but not less than $50,000 to the persons wholly
22dependent upon the deceased. For purposes of this subsection, dependency shall be
23determined under ss. 102.49 and 102.51.
SB419-ASA1, s. 13 24Section 13. 132.17 of the statutes is amended to read:
SB419-ASA1,7,17
1132.17 Certain badges; penalty for unauthorized wearing. Any person
2who shall wilfully wear the insignia, rosette, or badge or any imitation thereof, of the
3military order of the Loyal Legion of the United States, the Grand Army of the
4Republic, the United Spanish War Veterans, Veterans of Foreign Wars of the United
5States, the Military Order of Foreign Wars, the American Legion, the Disabled
6American Veterans, the Thirty-second Division Veteran Association, the American
7Veterans of World War II (AMVETS), or of the Benevolent and Protective Order of
8the Elks of the United States, Knights of Columbus, Odd Fellows, Free Masons,
9Knights of Pythias, or of any other society, order or organization, operating under the
10lodge system, of 10 years' standing in this state, or of any duly incorporated fraternal,
11social, or service organization, or of the division of emergency government
12management in the department of military affairs or shall wilfully use the same to
13obtain aid or assistance thereby within this state, or shall wilfully use the name of
14such society, order or organization, the titles of its officers, or its insignia, unless
15entitled to use or wear the same under the constitution, bylaws, rules and
16regulations thereof, shall be imprisoned not more than 30 days or fined not exceeding
17$20, or both.
SB419-ASA1, s. 14 18Section 14. 146.53 (5) (i) of the statutes is amended to read:
SB419-ASA1,7,2219 146.53 (5) (i) Provide advice to the adjutant general of the department of
20military affairs on the emergency medical aspects of the state plan of emergency
21government management under s. 166.03 (2) (a) 1. and coordinate emergency
22activities with the department of military affairs.
SB419-ASA1, s. 15 23Section 15. Chapter 166 (title) of the statutes is amended to read:
SB419-ASA1,7,2424 CHAPTER 166
SB419-ASA1,7,2525 EMERGENCY GOVERNMENT Management
SB419-ASA1, s. 16
1Section 16. 166.01 of the statutes is amended to read:
SB419-ASA1,8,6 2166.01 Declaration of policy. To prepare the state and its subdivisions to
3cope with emergencies resulting from enemy action and natural or man-made
4disasters, it is declared to be necessary to establish an organization for emergency
5government management, conferring upon the governor and others specified the
6powers and duties provided by this chapter.
SB419-ASA1, s. 17 7Section 17. 166.02 (3) and (4) (intro.) of the statutes are amended to read:
SB419-ASA1,8,98 166.02 (3) "Division" means the division of emergency government
9management.
SB419-ASA1,8,11 10(4) (intro.) "Emergency government management" includes "civil defense" and
11means all measures undertaken by or on behalf of the state and its subdivisions:
SB419-ASA1, s. 18 12Section 18. 166.03 (title) of the statutes is amended to read:
SB419-ASA1,8,13 13166.03 (title) Emergency government management.
SB419-ASA1, s. 19 14Section 19. 166.03 (1) (a) 1. to 4. of the statutes are amended to read:
SB419-ASA1,8,1615 166.03 (1) (a) 1. Review orders establishing or altering emergency government
16management areas.
SB419-ASA1,8,1817 2. Review state emergency government management plans and modifications
18thereof.
SB419-ASA1,8,2119 3. Employ the division of emergency government management during a state
20of emergency proclaimed by him or her, issue orders and delegate such authority as
21is deemed necessary to the administrator.
SB419-ASA1,8,2522 4. Determine responsibilities of state departments and independent agencies
23in respect to emergency government management and by order direct such
24departments and agencies in utilizing personnel, facilities, supplies and equipment
25before and during a state of emergency.
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