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:
SB226,36,321
323.15
(1) (b) The head of emergency management
services in for each county
22shall coordinate and assist in developing
city, village, and town
and municipal 23emergency management plans within the county, integrate
such the plans with the
24county plan, advise the department
of military affairs of all emergency management
25planning in the county and submit to the adjutant general
such the reports
as that
1he or she requires, direct and coordinate emergency management activities
2throughout the county during a state of emergency, and direct countywide
3emergency management training programs and exercises.
SB226, s. 106
4Section
106. 166.03 (5) (c) of the statutes is renumbered 323.15 (1) (c) (intro.)
5and amended to read:
SB226,36,76
323.15
(1) (c) (intro.) The head of emergency management
services in each
city,
7village and town
and municipality shall
direct do all of the following:
SB226,36,9
81. Direct local emergency management training programs and exercises
,
9direct.
SB226,36,12
102. Direct participation in emergency management programs and exercises
that
11are ordered by the adjutant general
and or the county head of emergency
12management
services, and advise.
SB226,36,14
133. Advise the county head of emergency management
services on local
14emergency management programs
and submit to him or her such.
SB226,36,16
154. Submit to the county head of emergency management any reports
as he or
16she requires.
SB226, s. 107
17Section
107. 166.03 (5) (d) of the statutes is renumbered 323.15 (4) and
18amended to read:
SB226,36,2419
323.15
(4) Powers during an emergency. During
the continuance of a state of
20emergency
proclaimed declared by the governor, the head of emergency management
21services in for each
county, town and municipality local unit of government, on behalf
22of his or her respective
county, town or municipality
local unit of government, may
23contract with any person to provide equipment and services on a cost basis to be used
24in disaster relief to respond to a disaster, or the imminent threat of a disaster.
SB226, s. 108
1Section
108. 166.03 (5a) of the statutes is renumbered 323.01 (2) and amended
2to read:
SB226,37,73
323.01
(2) Role of state agency in emergency. Unless otherwise specified by
4law, the role of any state agency, including the department of military affairs and
its
5division of emergency government the division, in an emergency
declared under this
6chapter, is to assist local units of government and local law enforcement agencies in
7responding to
the emergency a disaster or the imminent threat of a disaster.
SB226, s. 109
8Section
109. 166.03 (6) of the statutes is renumbered 323.20 and amended to
9read:
SB226,37,14
10323.20 Emergency use of vehicles. In responding to an official request for
11help during any
declared state of emergency, any person may operate
a boat or any
12motor vehicle
without regard for motor vehicle registration laws and without being
13subject to arrest under s. 341.04, including a snowmobile or all-terrain vehicle, that
14is not registered in this state.
SB226, s. 110
15Section
110. 166.03 (7) (title) of the statutes is repealed.
SB226, s. 111
16Section
111. 166.03 (7) (a) of the statutes is renumbered 323.14 (2) (b) and
17amended to read:
SB226,37,2018
323.14
(2) (b)
Counties, towns and municipalities Local units of government 19may cooperate under s. 66.0301 to furnish services, combine offices
, and finance
20emergency management
services programs.
SB226, s. 112
21Section
112. 166.03 (7) (b) of the statutes is renumbered 323.14 (2) (c) and
22amended to read:
SB226,38,423
323.14
(2) (c)
Counties, towns and municipalities Local units of government 24may contract for emergency management services with political subdivisions,
25emergency management units and civil defense units
agencies, and federally
1recognized American Indian tribes and bands of this state, and
, upon prior approval
2of the adjutant general, with such entities in bordering states. A copy of each
such 3agreement shall be filed with the adjutant general within 10 days after execution
4thereof of that agreement.
SB226, s. 113
5Section
113. 166.03 (7) (c) of the statutes is repealed.
SB226, s. 114
6Section
114. 166.03 (8) (title) of the statutes is renumbered 323.25 (title) and
7amended to read:
SB226,38,8
8323.25 (title)
Personnel restrictions.
SB226, s. 115
9Section
115. 166.03 (8) (a) to (c) of the statutes are renumbered 323.25 (1) to
10(3) and amended to read:
SB226,38,1411
323.25
(1) No
personnel, while performing emergency management
12organization established functions consistent with a plan adopted under
this section 13s. 323.13 (1) (b) or 323.14 (1) (a) 1. or (b) 1., shall participate in any form of political
14activity or be employed directly or indirectly for any political activity.
SB226,38,18
15(2) No
personnel, while performing emergency management
organization
16established functions consistent with a plan adopted under
this section s. 323.13 (1)
17(b) or 323.14 (1) (a) 1. or (b) 1., shall be employed to interfere with the orderly process
18of a labor dispute.
SB226,38,24
19(3) No person
shall may be employed or associated in any capacity in any
state
20or local unit of government emergency management
organization under this section 21program under s. 323.13 (1) (b) or 323.14 (1) (a) 1. or (b) 1. who advocates a change
22by force or violence in the constitutional form of government of the United States or
23this state or who has been convicted of or is under indictment or information charging
24any subversive act against the United States.
SB226, s. 116
1Section
116. 166.03 (9) of the statutes is renumbered 323.43 and amended to
2read:
SB226,39,6
3323.43 Bearing of losses. Any Subject to s. 323.42, any loss arising from the
4damage to or destruction of government-owned equipment utilized in any
5authorized emergency management activity shall be borne by the owner
thereof of
6the equipment.
SB226, s. 117
7Section
117. 166.03 (10) of the statutes is renumbered 323.45 and amended
8to read:
SB226,39,13
9323.45 Exemption from liability
Providers of equipment and other
10items. (1) No Except as provided in subs. (2) and (4), no person who provides
11equipment, materials, facilities, labor, or services is liable for the death of or injury
12to any person or damage to any property caused by his or her actions if the person
13did so under all of the following conditions:
SB226,39,1914
(a) Under the direction of the governor, the adjutant general, the governing
15body, chief or acting chief executive officer, or head of emergency management
16services of any
county, town, municipality, local unit of government or federally
17recognized American Indian tribe or band in this state, the department of health
18services if that department is designated by the governor under s.
166.03 (1) (b) 1. 19323.10, or the local health department acting under s. 251.05 (3) (e).
SB226,39,2120
(b) In response to enemy action, a
natural or man-made disaster, or a federally
21declared state of emergency or during a state of emergency declared by the governor.
SB226,39,23
22(2) This
subsection section does not apply if the person's act or omission
23involved reckless, wanton, or intentional misconduct.
SB226,40,2
24(3) This
subsection section does not affect the right of any person to receive
25benefits to which he or she otherwise would be entitled under the worker's
1compensation law or under any pension law, nor does it affect entitlement to any
2other benefits or compensation authorized by state or federal law.
SB226, s. 118
3Section
118. 166.03 (11) of the statutes is renumbered 323.16 and amended
4to read:
SB226,40,12
5323.16 Powers of peace law enforcement officers. During any state of
6emergency
proclaimed declared by the governor or during any training program or
7exercises authorized by the adjutant general, any
peace officer or traffic law
8enforcement officer
of the state, or of a county, city, village or town, when legally
9engaged in traffic control, escort duty
, or protective service, may carry out
such the 10functions
at any point within anywhere in the state but shall be subject to the
11direction of the adjutant general through the sheriff of the county in which an
12assigned function is performed.
SB226, s. 119
13Section
119. 166.03 (12) of the statutes is renumbered 323.01 (3) and amended
14to read:
SB226,40,1715
323.01
(3) Red Cross not affected. Nothing contained in this section shall 16This chapter may not limit or in any way affect the responsibility of the American
17National Red Cross as authorized by the congress of the United States.
SB226, s. 120
18Section
120. 166.03 (13) of the statutes is renumbered 323.13 (1) (dm) and
19amended to read:
SB226,41,820
323.13
(1) (dm)
Authority to withhold grants. If the adjutant general finds that
21any political subdivision of the state a local unit of government has not
complied with
22the requirement of this section that it establish and maintain an operating 23developed, adopted, and implemented an emergency management
organization, he
24or she may plan as required under s. 323.14 (1), refuse to approve grants of funds or
25items of equipment
awarded under this chapter to
such political subdivision the local
1unit of government until
it complies
the local unit of government does so. If
such
2political subdivision the local unit of government fails to use
the funds or items of
3equipment granted
to it through the adjutant general in accordance with the
4agreement under which the grant was made, the adjutant general may refuse to
5make any additional grants to
such political subdivision the local unit of government 6until it has complied with the conditions of the prior grant, and he or she may start
7recovery proceedings on the funds and items of equipment
which that have not been
8used in accordance with the conditions of the grant.
SB226, s. 121
9Section
121. 166.03 (14) of the statutes is renumbered 323.28 and amended
10to read:
SB226,41,16
11323.28 Penalties. Whoever intentionally fails to comply with
the directives
12of an order issued by an agent of the state or of a local unit of government who is
13engaged in emergency management
authorities promulgated activities under this
14section during a state of emergency or during any chapter, including training
15program or exercises
may be fined, is subject to a forfeiture of not more than $200
16or imprisoned not more than 90 days or both.
SB226, s. 122
17Section
122. 166.04 of the statutes is renumbered 323.12 (2) (c) and amended
18to read:
SB226,42,519
323.12
(2) (c)
State traffic patrol and conservation warden duties during civil
20disorder. Without proclaiming a state of emergency,
If the governor
may, in writing
21filed with the secretary of state, determine determines that
there exists a condition
22of civil disorder or a threat to the safety of persons on state property or damage or
23destruction to state property
. Upon such filing
exists, he or she may
, without
24declaring an emergency, call out the state traffic patrol or the conservation warden
25force service or members
thereof of that patrol or service for use in connection with
1such the threat to
such life or property.
For the duration of such
threat, as
2determined by the governor, such officers shall have the powers of a peace officer as
3set forth in s. 59.28, except that such officers shall not be used in or take part in any
4dispute or controversy between employer or employee concerning wages, hours,
5labor or working conditions.
SB226, s. 123
6Section
123. 166.05 (title) of the statutes is renumbered 323.51 (title).
SB226, s. 124
7Section
124. 166.05 (1) of the statutes is renumbered 323.51 (1) and amended
8to read: