Emergency Management (Wisconsin Statutes: Chapter 323)

1. A large number of deaths or serious or long−term disabili- facilities, supplies, and equipment before and during a state of ties among humans. emergency.

2. A high probability of widespread exposure to a biological, (2) ONGOING POWERS. The governor may do all of the follow- chemical, or radiological agent that creates a significant risk of ing: substantial future harm to a large number of people. (a) On behalf of the state, enter into mutual aid agreements (17) “Public works” means the physical structures and facili- concerning emergency management with other states. ties developed or acquired by a local unit of government or a fed- (b) Accept from any source gifts and grants including services erally recognized American Indian tribe or band in this state to for emergency management purposes and may authorize the state provide services and functions for the benefit and use of the pub- and local units of government to receive such gifts and grants. lic, including water, sewerage, waste disposal, utilities, and trans- When grants require participation by a local unit of government, portation. the state may transfer title to equipment acquired through an (18) “Radiological agent” means radiation or radioactive agreement between participating local units of government. material at a level that is dangerous to humans, animals, plants, or (c) If the governor determines that a condition of civil disorder other living organisms. or a threat to the safety of persons on state property or damage or (19) “State agency” means any office, commission, board, destruction to state property exists, he or she may, without declar- department, or bureau of state government. ing an emergency, call out the state traffic patrol or the conserva- History: 1979 c. 361 ss. 54, 73; 1989 a. 31; 1995 a. 247; 2001 a. 109; 2003 a. 186; 2005 a. 269; 2007 a. 20 s. 9121 (6) (a); 2009 a. 42 ss. 51 to 65, 164 to 166, 280 to 284; tion warden service or members of that patrol or service for use in Stats. 2009 s. 323.02. connection with the threat to life or property. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20) Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. June 19, 2020. 3 Updated 17−18 Wis. Stats. EMERGENCY MANAGEMENT 323.13 (3) DUTIES DURING AN EMERGENCY. During a state of emer- emergency was not a resident of this state, was not doing business gency declared under s. 323.10, the governor shall issue orders, in this state that required a tax return to be filed in this state, and delegate such authority as is necessary to the administrator, and was not performing services in this state that required a tax return direct the division to coordinate emergency management activi- to be filed in this state. ties. 8. “Taxable year” has the meaning given in s. 71.01 (12). (4) POWERS DURING AN EMERGENCY. The governor may do all (b) Subject to par. (c), any out−of−state business or out−of− of the following during a state of emergency declared under s. state employee is exempt from all of the following for disaster 323.10: relief work performed during a disaster period: (a) Declare priority of emergency management contracts over 1. Any applicable state withholding, income, franchise, or use other contracts, allocate materials and facilities in his or her dis- tax, and any related registration requirement or fee, as provided cretion, and take, use, and destroy, in the name of the state, private under ss. 71.03 (2) (a) 2., 71.04 (7) (f) 17., 71.05 (1) (g), 71.23 (3) property for emergency management purposes. The governor (bm), 71.25 (9) (f) 17. and (16), 71.26 (2) (a) 12., 71.64 (6) (c), shall keep records of that action. Those records shall be evidence 71.67 (6) (b), 77.52 (7) (b) and (12), and 77.53 (9) (b) and (19). of a claim against the state. The claim against the state shall be The department of revenue may examine and inspect the books, referred to the claims board under s. 16.007. records, memoranda, and property of any out−of−state business or (b) Issue such orders as he or she deems necessary for the secu- out−of−state employee to verify an exemption claimed under this rity of persons and property. subdivision. (c) Contract on behalf of the state with any person to provide, 2. Any applicable fee imposed by a state agency, local unit of on a cost basis, equipment and services to be used to respond to government, or other subdivision or instrumentality of the state or a disaster or the imminent threat of a disaster. of a local unit of government. (d) Suspend the provisions of any administrative rule if the 3. Any applicable license, certificate, registration, permit, or strict compliance with that rule would prevent, hinder, or delay other credential or approval of a state agency, local unit of govern- necessary actions to respond to the disaster. ment, or other subdivision or instrumentality of the state or of a (e) At his or her discretion, waive any fee required by the state local unit of government. for the replacement of a permit, license, approval, or other authori- (c) No later than 90 days after the last day of a disaster period, zation for a person who resides or is headquartered in the area to any out−of−state business, and the employer of any out−of−state which the governor’s executive order under s. 323.10 applies and employee, that wishes to claim an exemption under par. (b) shall whose permit, license, approval, or other authorization is lost or provide notice to the department of revenue, in the manner pre- destroyed in connection with the state of emergency. scribed by the department, that the out−of−state business or out− of−state employee is in the state solely to perform disaster relief (5) WORK PERFORMED BY AN OUT−OF−STATE BUSINESS OR work. The notice shall include all of the following information for EMPLOYEE. (a) In this subsection: each out−of−state business and each out−of−state employee:

1. “Declared state of emergency” means a state of emergency 1. Legal name and business name, if any. declared by the governor under s. 323.10.

2. State of domicile or residence.

2. “Disaster period” means the time that begins 10 days before a declared state of emergency and ends 60 days after the declared 3. Principal address. state of emergency ends. 4. Federal tax identification number.

3. “Disaster relief work” means work, including repairing, 5. The date of entry to the state for the purpose of performing renovating, installing, building, or performing other services or the disaster relief work. activities, relating to infrastructure in this state that has been dam- 6. Contact information. aged, impaired, or destroyed in connection with a declared state (d) A business organized under the laws of this state shall pro- of emergency. vide the information required under par. (c) for any out−of−state

4. “Doing business in this state” has the meaning given in s. business that is a related entity, as defined in s. 71.22 (9am), that 71.22 (1r), except that members of a combined group, as defined enters the state to perform disaster relief. in s. 71.255 (1) (a), are not considered to be doing business in this History: 2009 a. 42 ss. 68 to 71, 73 to 78, 122, 286 to 289; Stats. 2009 s. 323.12; 2015 a. 84; 2017 a. 291. state based solely on another member of the combined group doing business in this state. A business shall be considered to be 323.13 Adjutant general; duties and powers. doing business in this state for purposes of ch. 77 if it performs dis- (1) ONGOING DUTIES. The adjutant general shall do all of the fol- aster relief work in this state. lowing:

5. “Infrastructure” means property and equipment owned or (a) Serve as the governor’s principal assistant for directing and used by a telecommunications provider or cable operator or that coordinating emergency management activities. is used for communications networks, including telecommunica- (b) Subject to approval by the governor, develop and adopt a tions, broadband, and multichannel video networks; electric gen- state plan of emergency management for the security of persons eration, transmission, and distribution systems; gas distribution and property. In developing the plan, the adjutant general shall systems; water pipelines; and any related support facilities that seek the advice of the administrator, shall seek the advice of the service multiple customers or citizens, including buildings, department of health services with respect to the emergency medi- offices, lines, poles, pipes, structures, equipment, and other real cal aspects of the plan, and shall seek the advice of the department or personal property. of administration with respect to aspects of the plan related to

6. “Out−of−state business” means a sole proprietorship, part- computer or telecommunication systems. The plan shall specify nership, limited liability company, joint venture, corporation, or equipment and personnel standards, and shall require the use of other organization or enterprise, whether operated for profit or not the incident command system, and specify the type of incident for profit, that is not organized under the laws of this state and that, command system, by all emergency response agencies, including except for disaster relief work during a disaster period, was not local health departments, during a state of emergency declared doing business in this state during the 3 taxable years immediately under s. 323.10 or 323.11. preceding the disaster period or the current taxable year in which (c) Prescribe and carry out statewide training programs and the declared state of emergency occurs. exercises to develop emergency management proficiency, dis-

7. “Out−of−state employee” means an individual who does seminate information, and coordinate emergency management not work in this state, except for disaster relief work during a dis- programs. The training programs shall include training in manag- aster period, and who immediately prior to that declared state of ing emergency operations utilizing the incident command system 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20) Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. June 19, 2020. 323.13 EMERGENCY MANAGEMENT Updated 17−18 Wis. Stats. 4 for local unit of government officials, officers, and employees (2) ONGOING POWERS. The adjutant general may do all of the whose duties include responding to a disaster or the imminent following: threat of a disaster, including officers and employees of local (a) Divide the state into emergency management regions com- health departments, and shall include training on how to create an posed of whole counties, subject to approval by the governor, and account with and use the federal System for Award Management modify the boundaries of those regions as changed conditions Internet site to apply for federal emergency management assist- warrant. ance. The adjutant general shall consult with the administrator, (b) Appoint a director of emergency management for each with the department of health services regarding the provision of region under par. (a) under the classified service on either a part− incident command system training to local health department per- time or full−time basis, or ask the governor to designate any state sonnel, and with the department of administration regarding the officer or employee as acting regional director on a part−time provision of incident command system training for emergencies basis. related to computer or telecommunication systems. To the extent possible, the adjutant general shall utilize federal funding to pro- (c) Designate and post highways as emergency management vide incident command system training. routes closed to all but authorized vehicles when required for training programs and exercises. (d) Furnish guidance and establish standards for emergency management programs for local units of government, and pre- (d) Prescribe traffic routes and control traffic during a state of scribe nomenclature for all levels of emergency management, emergency. with the advice of the administrator. The standards shall include (e) Organize and train state mobile support units to aid any a requirement that local unit of government emergency manage- region during a state of emergency. The units may participate in ment programs adopted under s. 323.14 (1) (a) 1. and (b) 1. utilize training programs and exercises within or outside the state. the incident command system during a state of emergency (f) Request the department of health services to inspect or pro- declared under s. 323.10 or 323.11 or in any other multi−jurisdic- vide for the inspection of shipments of radioactive waste, obtain tional or multi−agency emergency response. The standards for and analyze data concerning the radiation level of shipments of fire, rescue, and emergency medical services shall include the radioactive waste and issue reports concerning these shipments adoption of the intergovernmental cooperation Mutual Aid Box and radiation levels. The adjutant general may assess and collect Alarm System as a mechanism that may be used for deploying per- and receive contributions for any costs incurred under this para- sonnel and equipment in a multi−jurisdictional or multi−agency graph from any person who produced the radioactive waste which emergency response. The standards for agencies that manage is the subject of the activity for which the costs are incurred. In public works shall include the suggestion that the local unit of this paragraph, “radioactive waste” has the meaning given in s. government, or a federally recognized American Indian tribe or 293.25 (1) (b). band in this state, adopt the mutual assistance agreement created (g) Assess and collect and receive contributions for any costs by the division for the intergovernmental collaboration of public incurred by state agencies to establish and maintain radiological works personnel, equipment, and resources in a multi−jurisdic- emergency response plans related to nuclear generating facilities. tional or multi−agency emergency response. The adjutant general (h) Make payments for disaster assistance under ss. 323.30 (1) shall consult with representatives of public works professional and 323.31. associations and organizations regarding the content of that agree- Cross−reference: See also chs. WEM 7 and 8, Wis. adm. code. ment. History: 2009 a. 42 ss. 80 to 83, 85 to 94, 120, 290 to 293; Stats. 2009 s. 323.13; 2019 a. 159. (dm) If the adjutant general finds that a local unit of govern- ment has not developed, adopted, and implemented an emergency management plan as required under s. 323.14 (1), refuse to 323.14 Local government; duties and powers. approve grants of funds or items of equipment awarded under this (1) ONGOING DUTIES. (a) 1. Subject to subd. 3., each county chapter to the local unit of government until the local unit of gov- board shall develop and adopt an emergency management plan ernment does so. If the local unit of government fails to use the and program that is compatible with the state plan of emergency funds or items of equipment granted in accordance with the agree- management under s. 323.13 (1) (b). ment under which the grant was made, the adjutant general may 2. Each county board shall designate a head of emergency refuse to make any additional grants to the local unit of govern- management. In counties having a county executive under s. ment until it has complied with the conditions of the prior grant, 59.17, the county board shall designate the county executive or and he or she may start recovery proceedings on the funds and confirm his or her appointee as county head of emergency man- items of equipment that have not been used in accordance with the agement. Notwithstanding sub. (2) (b), an individual may not conditions of the grant. simultaneously serve as the head of emergency management for (e) Provide assistance to the Wisconsin wing of the civil air 2 or more counties. patrol from the appropriation under s. 20.465 (3) (f) for the pur- 3. Each county board shall designate a committee of the board pose of enabling the patrol to perform its assigned missions and as a county emergency management committee. The chairperson duties as prescribed by U.S. air force regulations. Expenses eligi- of the county board shall designate the chairperson of the com- ble for assistance are aircraft acquisition and maintenance, com- mittee. In counties having a county executive under s. 59.17, the munications equipment acquisition and maintenance and office committee shall retain policy−making and rule−making powers in staffing and operational expenses. The civil air patrol shall submit the establishment and development of county emergency man- vouchers for expenses eligible for assistance to the division. agement plans and programs. (f) No later than 90 days after a state of emergency relating to (b) 1. The governing body of each city, village, or town shall public health is declared and the department of health services is develop and adopt an emergency management plan and program not designated under s. 323.10 as the lead state agency to respond that is compatible with the state plan of emergency management to that emergency and no later than 90 days after the termination adopted under s. 323.13 (1) (b). of this state of emergency relating to public health, submit to the 2. The governing body of each city, village, or town shall des- legislature under s. 13.172 (2) and to the governor a report on all ignate a head of emergency management services. of the following: (2) ONGOING POWERS. (a) The governing body of a local unit

1. The emergency powers used by the department of military of government may appropriate funds and levy taxes for its emer- affairs or its agents. gency management program under sub. (1).

2. The expenses incurred by the department of military affairs (b) Local units of government may cooperate under s. 66.0301 and its agents in acting under the state of emergency related to to furnish services, combine offices, and finance emergency man- public health. agement programs. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20) Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. June 19, 2020. 5 Updated 17−18 Wis. Stats. EMERGENCY MANAGEMENT 323.20 (c) Local units of government may contract for emergency 2. Direct participation in emergency management programs management services with political subdivisions, agencies, and and exercises that are ordered by the adjutant general or the county federally recognized American Indian tribes and bands of this head of emergency management. state, and, upon prior approval of the adjutant general, with such 3. Advise the county head of emergency management on entities in bordering states. A copy of each agreement shall be local emergency management programs. filed with the adjutant general within 10 days after execution of 4. Submit to the county head of emergency management any that agreement. reports he or she requires. (3) DUTIES DURING AN EMERGENCY. (a) If the governing body (4) POWERS DURING AN EMERGENCY. During a state of emer- of a local unit of government declares an emergency under s. gency declared by the governor, the head of emergency man- 323.11 and intends to make use of volunteer health care practition- agement for each local unit of government, on behalf of his or her ers, as specified in s. 257.03, the governing body or its agent shall, respective local unit of government, may contract with any person as soon as possible, notify the department of health services of this to provide equipment and services on a cost basis to be used to intent. respond to a disaster, or the imminent threat of a disaster. (b) During a state of emergency declared by the governor, a History: 2009 a. 42 ss. 104 to 107, 300, 301; Stats. 2009 s. 323.15. local unit of government situated within the area to which the gov- ernor’s executive order applies may employ personnel, facilities, 323.16 Powers of law enforcement officers. During any and other resources consistent with the plan adopted under sub. (1) state of emergency declared by the governor or during any train- (a) 1. or (b) 1. to cope with the problems that resulted in the gover- ing program or exercises authorized by the adjutant general, any nor declaring the emergency. Nothing in this chapter prohibits law enforcement officer, when legally engaged in traffic control, local units of government from employing their personnel, facili- escort duty, or protective service, may carry out the functions any- ties, and resources consistent with the plan adopted under sub. (1) where in the state but shall be subject to the direction of the adju- (a) 1. or (b) 1. to cope with the problems of local disasters except tant general through the sheriff of the county in which an assigned where restrictions are imposed by federal regulations on property function is performed. History: 2009 a. 42 s. 118; Stats. 2009 s. 323.16. donated by the federal government. (4) POWERS DURING AN EMERGENCY. (a) The emergency 323.17 State traffic patrol officers and conservation power of the governing body conferred under s. 323.11 includes wardens. If the governor calls out the state traffic patrol or con- the general authority to order, by ordinance or resolution, what- servation warden service, or members of the patrol or service, ever is necessary and expedient for the health, safety, protection, under s. 323.12 (2) (c), the state traffic patrol officers or conserva- and welfare of persons and property within the local unit of gov- tion wardens subject to the call shall have the powers of a law ernment in the emergency and includes the power to bar, restrict, enforcement officer for the duration determined by the governor, or remove all unnecessary traffic, both vehicular and pedestrian, except that the officers and wardens may not be used in or take part from the highways, notwithstanding any provision of chs. 341 to in any dispute or controversy between an employer and employee 349. concerning wages, hours, labor, or working conditions. (b) If, because of the emergency conditions, the governing History: 2009 a. 42. body of the local unit of government is unable to meet promptly, 323.18 State agency volunteers. A state agency may reg- the chief executive officer or acting chief executive officer of any ister or preregister volunteers to assist the agency during a disas- local unit of government shall exercise by proclamation all of the ter, an imminent threat of a disaster, or a related training exercise. powers conferred upon the governing body under par. (a) or s. History: 2009 a. 42. 323.11 that appear necessary and expedient. The proclamation shall be subject to ratification, alteration, modification, or repeal 323.19 State official authority to grant variances to by the governing body as soon as that body can meet, but the sub- statutes and rules for a disaster. (1) The secretary of health sequent action taken by the governing body shall not affect the services may grant a hospital a variance to or a waiver from a prior validity of the proclamation. requirement for hospitals as provided in s. 50.36 (6m). History: 2009 a. 42 ss. 98 to 102, 111, 112, 234 to 236, 294 to 299; Stats. 2009 (2) The pharmacy examining board may grant a variance to s. 323.14. ch. 450 or a rule promulgated under ch. 450 in response to a disas- 323.15 Heads of emergency management; duties and ter as provided in s. 450.02 (3m). powers. (1) ONGOING DUTIES. (a) The head of emergency man- (3) Based on guidance provided by the secretary of health ser- agement for each local unit of government shall implement the vices, the head of each state agency and each local health depart- plan adopted under s. 323.14 (1) (a) 1. or (b) 1., whichever is appli- ment shall determine which public employee positions within the cable, and perform such other duties related to emergency man- respective state agency or local government are critical during the agement as are required by the governing body and the emergency public health emergency declared on March 12, 2020, by execu- management committee of the governing body when applicable. tive order 72, for the purposes of s. 40.26 (5m) and (6) (b). The emergency management plans shall require the use of the (4) (a) In this subsection, “state entity” means any state incident command system by all emergency response agencies, agency, institution of higher education, association, society, or including local health departments, during a state of emergency other body in state government created or authorized to be created declared under s. 323.10 or 323.11. by the constitution or any law that is entitled to expend moneys (b) The head of emergency management for each county shall appropriated by law, including the legislature, the courts, and any coordinate and assist in developing city, village, and town emer- authority. gency management plans within the county, integrate the plans (b) During the public health emergency declared on March 12, with the county plan, advise the department of military affairs of 2020, by executive order 72, the head or governing body of a state all emergency management planning in the county and submit to entity may waive a requirement imposed, administered, or the adjutant general the reports that he or she requires, direct and enforced by the state entity that an individual appear in person if coordinate emergency management activities throughout the the head or governing body finds that the waiver assists in the county during a state of emergency, and direct countywide emer- state’s response to the public health emergency or that enforcing gency management training programs and exercises. the requirement may increase the public health risk. History: 2009 a. 42; 2011 a. 260 s. 80; 2013 a. 236; 2019 a. 185. (c) The head of emergency management in each city, village and town shall do all of the following: 323.20 Emergency use of vehicles. In responding to an

1. Direct local emergency management training programs official request for help during any declared state of emergency, and exercises. any person may operate a boat or any motor vehicle, including a 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20) Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. June 19, 2020. 323.20 EMERGENCY MANAGEMENT Updated 17−18 Wis. Stats. 6 snowmobile, all−terrain vehicle, or utility terrain vehicle, that is (3) TRAINING REQUIREMENTS. During an emergency period, not registered in this state. each agency or local governmental unit may suspend any training History: 2009 a. 42 s. 109; Stats. 2009 s. 323.20; 2011 a. 208. requirement associated with any program the agency or local unit of government administers or enforces. 323.24 Prohibition against restricting firearms or History: 2019 a. 185. ammunition during emergency. A person who is granted emergency powers under this subchapter may not use those pow- 323.27 Electronic payments. The adjutant general shall ers to restrict the lawful possession, transfer, sale, transport, stor- notify each local unit of government that it may receive payment age, display, or use of firearms or ammunition during an emer- from the division of emergency management via electronic gency. means. At the request of a local unit of government, the adjutant History: 2007 a. 87; 2009 a. 42 s. 237; Stats. 2009 s. 323.24. general shall authorize the issuing of payment to the local unit of government through the use of money transfer techniques includ- 323.25 Personnel restrictions. (1) No personnel, while ing, without limitation because of enumeration, direct deposit, performing emergency management functions consistent with a electronic funds transfer, and automated clearinghouse proce- plan adopted under s. 323.13 (1) (b) or 323.14 (1) (a) 1. or (b) 1., dures. shall participate in any form of political activity or be employed History: 2019 a. 159. directly or indirectly for any political activity. (2) No personnel, while performing emergency management 323.28 Penalties. Whoever intentionally fails to comply with functions consistent with a plan adopted under s. 323.13 (1) (b) or an order issued by an agent of the state or of a local unit of govern- 323.14 (1) (a) 1. or (b) 1., shall be employed to interfere with the ment who is engaged in emergency management activities under orderly process of a labor dispute. this chapter, including training exercises, is subject to a forfeiture (3) No person may be employed or associated in any capacity of not more than $200. History: 2009 a. 42 s. 121; Stats. 2009 s. 323.28. in any state or local unit of government emergency management program under s. 323.13 (1) (b) or 323.14 (1) (a) 1. or (b) 1. who 323.29 Statewide public safety interoperable commu- advocates a change by force or violence in the constitutional form nication system. (1) DEFINITIONS. (a) “Council” means the of government of the United States or this state or who has been interoperability council created under s. 15.315 (1) (a). convicted of or is under indictment or information charging any (am) “Department” means the department of military affairs. subversive act against the United States. History: 2009 a. 42 ss. 114, 115; Stats. 2009 s. 323.25. (b) “Dispatch center” has the meaning given for “public safety answering point” in s. 256.35 (1) (gm). 323.26 Electronic communications. The adjutant general (c) “Interoperability” means the ability of public safety agen- shall provide an option for the head of emergency management for cies to communicate with each other and with agencies and enti- each local unit of government to elect to receive all emergency ties identified under sub. (2) (a) by means of radio or associated management correspondence via electronic mail, including proj- communications systems, including the exchange of voice, data, ect worksheets and other administrative documents. or video communications on demand and in real time, as needed History: 2019 a. 159. and authorized. (d) “Public safety agency” has the meaning given in s. 256.35 323.265 Suspension of certain deadlines and training (1) (g). requirements during a public health emergency. (1) DEFINITIONS. In this section: (2) INTEROPERABILITY COUNCIL. The council shall do all of the following: (a) “Agency” means any office, department, agency, institu- tion of higher education, association, society, or other body in (a) Identify types of agencies and entities, including public state government created or authorized to be created by the consti- works and transportation agencies, hospitals, and volunteer emer- tution or any law, including any authority created in subch. II of gency services agencies to be included, in addition to public safety ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279, the legisla- agencies, in a statewide public safety interoperable communica- ture, or the courts. tion system. (b) “Deadline” means any date certain by which, or any other (b) Recommend short−term and long−term goals to achieve a limitation as to time within which, an action or event is required statewide public safety interoperable communication system. to occur. (c) Recommend and periodically review a strategy and time- line for achieving the goals under par. (b), including objectives for (c) “Emergency period” means the period covered by the pub- local units of government. lic health emergency declared on March 12, 2020, by executive order 72, plus 30 days. (d) Assist the department in identifying and obtaining funding to implement a statewide public safety interoperable communica- (d) “Local governmental unit” means a political subdivision tion system. of this state, a special purpose district in this state, an agency or corporation of a political subdivision or special purpose district, (e) Advise the department on allocating funds, including those or a combination or subunit of any of the foregoing. available for homeland security, for the purpose of achieving the goals under par. (b). (2) DEADLINES. (a) Each agency or local governmental unit may toll for the duration of an emergency period any deadline fall- (f) Make recommendations to the department on all of the fol- ing within that period that the agency or local governmental unit lowing: administers or enforces. The agency or local governmental unit 1. Technical and operational standards for public safety inter- may not charge any interest or penalty that would otherwise apply operable communication systems. with respect to the tolled deadline. 2. Guidelines and procedures for using public safety interop- (b) Paragraph (a) does not apply to all of the following: erable communication systems.

1. Any deadline with respect to the filing or payment of a tax 3. Minimum standards for public safety interoperable com- for which the revenue is deposited or is expected to be deposited munication systems, facilities, and equipment used by dispatch in the general fund, a tax or fee for which the revenue is deposited centers. or is expected to be deposited in the transportation fund, or a prop- 4. Certification criteria for persons who operate public safety erty tax. interoperable communication systems for dispatch centers.

2. The date on which an election, as defined in s. 5.02 (4), is (3) DEPARTMENT DUTIES AND POWERS. (a) The department to be held, and any deadline relating to an election. shall provide staff support for the council and oversight of the 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20) Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. June 19, 2020. 7 Updated 17−18 Wis. Stats. EMERGENCY MANAGEMENT 323.40 development and operation of a statewide public safety interoper- 20.465 (3) (e) to pay this state’s share of grants to individuals and able communication system. to provide a share of any required state share of contributions to (b) The department may do any of the following: local governments, as defined in 42 USC 5122 (8), for major dis-

1. Charge a public safety agency that is a state agency a fee aster recovery assistance. Payment of this state’s share of any con- for use of the statewide public safety interoperable commu- tribution to a local government under this subsection is contingent nication system under this section. upon copayment of that share by the local government, but not to exceed 12.5 percent of the total eligible cost of assistance. No

2. Charge a person that is not a state agency a fee for use of payment may be made under this subsection without the prior the statewide public safety interoperable communication system approval of the secretary of administration. under this section. (4) DIRECTOR OF EMERGENCY COMMUNICATIONS. The adjutant (2) Payment under sub. (1) shall be issued to a local unit of general shall appoint a director of emergency communications government within 30 days after the completion of all of the fol- within the division to serve at the pleasure of the adjutant general lowing: outside the classified service. The position shall be funded from (a) The federal emergency management agency has approved the appropriation under s. 20.465 (3) (q). a project and distributed federal emergency assistance funding to History: 2007 a. 79; 2009 a. 180; 2013 a. 20; 2017 a. 59 ss. 169e to 169s, 1673h the state. to 1673t, 1892c to 1892x; 2019 a. 9. (b) The adjutant general has received all appropriate state and federal forms from the local unit of government. 323.2911 Public employee health insurance coverage. Notwithstanding s. 40.02 (40), for the purpose of group health (c) The local unit of government has fulfilled all other state and insurance coverage offered by the group insurance board under federal requirements. History: 2009 a. 42 s. 95; Stats. 2009 s. 323.30; 2019 a. 159. subch. IV of ch. 40, if an employee who was on a leave of absence returns from leave, even if the employee has not resumed active performance of duty for 30 consecutive calendar days on March 323.31 State disaster assistance. From the appropria- 12, 2020, due to the public health emergency declared by execu- tions under s. 20.465 (3) (b) and (s), the adjutant general shall tive order 72, the leave of absence is deemed ended or interrupted make payments to retail electric cooperatives, as defined in s. on that date. 16.957 (1) (t), to local governmental units, as defined in s. 19.42 History: 2019 a. 185. (7u), and to federally recognized American Indian tribes and bands in this state for the damages and costs incurred as the result 323.2912 Suspension of limited term appointment of a disaster if federal disaster assistance is not available for that hours. Notwithstanding s. 230.26 (1), the director of the bureau disaster because the governor’s request that the president declare of merit recruitment and selection in the division of personnel the disaster a major disaster under 42 USC 5170 has been denied management in the department of administration may increase or or because the disaster, as determined by the department of mili- suspend the number of hours for a limited term appointment for tary affairs, does not meet the statewide or countywide per capita the duration of the public health emergency declared on March 12, impact indicator under the public assistance program that is issued 2020, by executive order 72. by the federal emergency management agency. To be eligible for History: 2019 a. 185. a payment under this section, the retail electric cooperative, local governmental unit, or tribe or band shall pay 30 percent of the 323.2913 Use of annual leave during probationary amount of the damages and costs resulting from the disaster. The period by state employee. Notwithstanding s. 230.35 (1) (b), department of military affairs shall promulgate rules establishing a state employee may take annual leave within the first 6 months the application process and the criteria for determining eligibility of the employee’s probationary period upon initial appointment for payments under this section. during the public health emergency declared on March 12, 2020, History: 2009 a. 42 s. 96; Stats. 2009 s. 323.31; 2019 a. 9. by executive order 72. If an employee who has taken annual leave under this section terminates his or her employment before earn- ing annual leave equivalent to the amount of annual leave the SUBCHAPTER IV employee has taken, the appointing authority shall deduct the cost of the unearned annual leave from the employee’s final pay. LIABILITY AND EXEMPTIONS History: 2019 a. 185. 323.2915 State civil service grievance procedures. 323.40 Responsibility for worker’s compensation. (1) Notwithstanding s. 230.445 (2) and (3), an employee does not (1) EMPLOYEES OF LOCAL UNIT OF GOVERNMENT. An employee of waive his or her right to appeal an adverse employment decision a local unit of government’s emergency management program is if the employee does not timely file the complaint or appeal during an employee of that local unit of government for worker’s com- the public health emergency declared on March 12, 2020, by exec- pensation under ch. 102 unless the responsibility to pay worker’s utive order 72. The tolling period under s. 230.445 (3) (a) 1. compensation benefits are assigned as provided under s. 66.0313 begins 14 days after the termination of such public health emer- or under an agreement between the local unit of government and gency. the state or another local unit of government. (2) Notwithstanding s. 230.445 (3) (a) 2., an appointing (2) STATE AGENCY VOLUNTEERS. A volunteer who registers authority or his or her designee is not required to meet with a com- with a state agency to assist the agency without compensation, plainant in person during the public health emergency declared on other than reimbursement for travel, lodging, or meals, during a March 12, 2020, by executive order 72, when conducting an disaster, an imminent threat of a disaster, or a related training exer- investigation under s. 230.445 (3) (a) 2. cise is considered an employee of the agency for worker’s com- History: 2019 a. 185. pensation under ch. 102, for purposes of any claim related to the assistance provided. (3) LOCAL UNIT OF GOVERNMENT VOLUNTEERS. (a) Except as SUBCHAPTER III provided in par. (b), an individual who registers in writing with a local unit of government’s emergency management program to DISASTER ASSISTANCE PROGRAMS provide his or her own labor without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an 323.30 Federal disaster assistance. (1) The adjutant imminent threat of a disaster, or a related training exercise is con- general shall make payments from the appropriation under s. sidered an employee of the local unit of government for worker’s 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20) Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. June 19, 2020. 323.40 EMERGENCY MANAGEMENT Updated 17−18 Wis. Stats. 8 compensation under ch. 102 for purposes of any claim relating to on or about the real property while it is being used to shelter per- the labor provided. sons during a disaster, an imminent threat of a disaster, or a related (b) This subsection does not apply to an individual’s provision training exercise, if the owner or controller has complied with sub. of services if s. 257.03 applies. (2). History: 2009 a. 42. (2) Any person owning or controlling real property who gratu- itously grants the use of that real property for the purposes stated 323.41 Liability of state or local unit of government. in sub. (1) shall make known to the licensee any hidden dangers (1) EMPLOYEE OF LOCAL UNIT OF GOVERNMENT. An employee of or safety hazards which are known to the owner or occupant of the a local unit of government’s emergency management program is real property that might possibly result in death or injury or loss an employee of that local unit of government under ss. 893.80, of property to any person making use of the property. 895.35, and 895.46 for purposes of any claim, unless the responsi- History: 1979 c. 361 ss. 56, 112; Stats. 1979 s. 166.09; 2009 a. 42 s. 150; Stats. bility related to a claim under ss. 893.80, 895.35, and 895.46 is 2009 s. 323.44. assigned as provided under s. 66.0313 or under an agreement between the local unit of government and the state or another local 323.45 Providers of equipment and other items. unit of government. (1) Except as provided in subs. (2) and (4), no person who pro- (2) STATE AGENCY VOLUNTEERS. Except as provided in s. vides equipment, materials, facilities, labor, or services is liable 323.45, a volunteer who registers with a state agency to assist the for the death of or injury to any person or damage to any property agency without compensation, other than reimbursement for caused by his or her actions if the person did so under all of the travel, lodging, or meals, during a disaster, an imminent threat of following conditions: a disaster, or a related training exercise is considered an employee (a) Under the direction of the governor, the adjutant general, of the agency under ss. 893.82 and 895.46, for purposes of any the governing body, chief or acting chief executive officer, or head claim related to the assistance provided. of emergency management services of any local unit of govern- (3) LOCAL UNIT OF GOVERNMENT VOLUNTEERS. (a) Except as ment or federally recognized American Indian tribe or band in this provided in par. (b), an individual who registers in writing with a state, the department of health services if that department is desig- local unit of government’s emergency management program to nated by the governor under s. 323.10, or the local health depart- provide his or her own labor without compensation, other than ment acting under s. 251.05 (3) (e). reimbursement for travel, lodging, or meals, during a disaster, an (b) In response to enemy action, a disaster, or a federally imminent threat of a disaster, or a related training exercise is con- declared state of emergency or during a state of emergency sidered an employee of the local unit of government under ss. declared by the governor. 893.80, 895.35, and 895.46 for purposes of any claim relating to (2) This section does not apply if the person’s act or omission the labor provided. involved reckless, wanton, or intentional misconduct. (b) This subsection does not apply to an individual’s provision (3) This section does not affect the right of any person to of services if s. 257.03 or 323.45 applies. receive benefits to which he or she otherwise would be entitled (4) EXCEPTIONS. This section does not apply if the person’s act under the worker’s compensation law or under any pension law, or omission involves reckless, wanton, or intentional misconduct. nor does it affect entitlement to any other benefits or compensa- History: 2009 a. 42. tion authorized by state or federal law. (4) (a) This section does not apply to a person’s provision of 323.42 Reimbursement of local units of government. services if s. 257.03 or 323.41 applies. (1) In any calendar year, if the amount the local unit of govern- (b) This section does not apply to a person’s provision of facili- ment is liable for under ss. 323.40 and 323.41 plus losses incurred ties if s. 257.04 or 323.44 applies. under s. 323.43 exceed $1 per capita of the local unit of govern- History: 2009 a. 42 ss. 117, 310; Stats. 2009 s. 323.45. ment’s population, the state shall reimburse the local unit of gov- ernment the amount of the excess. (2) In addition, the state shall reimburse a local unit of govern- SUBCHAPTER V ment for any future expenses for worker’s compensation and expenses under ss. 893.80, 895.35, and 895.46 that result from an EMERGENCY LOCATION AND incident that occurred in a calendar year for which the state reim- CONTINUITY OF GOVERNMENT bursed the local unit of government under sub. (1). (3) Except as provided in sub. (4), any reimbursement under 323.50 Definitions. In this subchapter: sub. (1) or (2) shall be made from the appropriation in s. 20.465 (1) “Interim successor” means a person designated under this (3) (a) upon approval of the adjutant general. subchapter, if the officer is unavailable as the result of enemy (4) Any reimbursement under sub. (1) or (2) for an amount for action, to exercise the powers and discharge the duties of an office which a local unit of government is liable based on a worker’s until a successor is appointed or elected and qualified as provided compensation claim under s. 323.40 (3) for an injury incurred by law or until the lawful incumbent is able to resume the exercise before, on, or after July 2, 2013, shall be made from the appropria- of the powers and discharge the duties of the office. tion in s. 20.465 (3) (am) upon approval of the adjutant general. NOTE: Sub. (1) is amended by 2009 Wis. Act 42, effective the day after the History: 2009 a. 42; 2013 a. 20. secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for tem- 323.43 Bearing of losses. Subject to s. 323.42, any loss porary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, to read as follows: arising from the damage to or destruction of government−owned (1) “Interim successor” means a person designated under this subchapter, if equipment utilized in any authorized emergency management the officer is unavailable as the result of a disaster or the imminent threat of a activity shall be borne by the owner of the equipment. disaster, to exercise the powers and discharge the duties of an office until a suc- History: 2009 a. 42 s. 116; Stats. 2009 s. 323.43. cessor is appointed or elected and qualified as provided by law or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office. 323.44 Public shelters. (1) Any person owning or control- ling real property who voluntarily and without compensation per- (2) “Office” includes all state and local offices, the powers and mits the state or any of its political subdivisions to inspect, desig- duties of which are defined by law, except the office of governor, nate, and use the whole or any part of the real property for the and except those in the legislature and the judiciary. purpose of sheltering persons during a disaster, an imminent threat (3) “Officer” means a person who holds an office. of a disaster, or a related training exercise is immune from civil lia- (4) “Political subdivision” includes local units of government, bility for negligently causing the death of or injury to any person special districts, authorities, and other public corporations and 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20) Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. June 19, 2020. 9 Updated 17−18 Wis. Stats. EMERGENCY MANAGEMENT 323.53 entities whether organized and existing under charter or general or without those of the state. If practicable, they shall be the places law. designated as the temporary locations of government in the cur- (5) “Unavailable” means that a vacancy in office exists and rent emergency management plan. there is no deputy authorized to exercise all of the powers and dis- (2) EXERCISE OF GOVERNMENTAL AUTHORITY. While the public charge the duties of the office, or that the lawful incumbent of the business is being conducted at a temporary location, the govern- office and his or her duly authorized deputy are absent or unable ing body and other officers of a local unit of government shall pos- to exercise the powers and discharge the duties of the office. sess and exercise all of the executive, legislative, administrative, History: 2009 a. 42 ss. 134, 136 to 139, 312; Stats. 2009 s. 323.50. and judicial powers and functions conferred upon the body and officers under state law. Those powers and functions, except judi- 323.51 Emergency seat of state government. (1) DES- cial, may be exercised in the light of the exigencies of the emer- IGNATION AND USE OF A TEMPORARY LOCATION BY THE GOVERNOR. gency situation without regard to or compliance with time−con- Whenever, as the result of a disaster or the imminent threat of a suming procedures and formalities prescribed by law. All acts of disaster, it becomes imprudent, inexpedient or impossible to con- the body and officers shall be as valid and binding as if performed duct the affairs of state government at the state capital, the gover- within the territorial limits of their local unit of government. nor shall, as often as the exigencies of the situation require, des- History: 1979 c. 361 ss. 56, 112; Stats. 1979 s. 166.06; 1995 a. 247; 2009 a. 42 ignate a temporary location for the seat of government at a place ss. 126 to 128; Stats. 2009 s. 323.52. in or outside this state. The governor shall take any action and issue any orders necessary for an orderly transition of the affairs 323.53 Succession to office; state officers. (1) EMER- of state government to the temporary location. If practicable, the GENCY INTERIM SUCCESSORS TO OFFICE OF GOVERNOR. If, during a temporary location the governor designates shall conform to that state of emergency resulting from enemy action, the governor is provided for in the current emergency management plan autho- unavailable and the lieutenant governor and the secretary of state rized under subch. II. The temporary location shall remain as the are unavailable, the attorney general, state treasurer, speaker of seat of government until the governor establishes a new location the assembly, and the president of the senate shall in the order under this section, or until the seat of government is returned to its named if the preceding named officers are unavailable, exercise normal location. the powers and discharge the duties of the office of governor until (1m) DESIGNATION OF TEMPORARY LOCATION BY THE LEGISLA- a new governor is elected and qualified, or until a preceding TURE. (a) The legislature, by joint rule, may provide a process for named officer becomes available; but no interim successor to designating a temporary seat of government for the legislature that those offices may serve as governor. is different than the location under sub. (1). NOTE: Sub. (1) is amended by 2009 Wis. Act 42, effective the day after the secretary of state notifies the legislature that an amendment to the Wisconsin (b) Whenever, as the result of a disaster, as defined in s. 13.42 Constitution has been approved that requires the legislature to provide for tem- (1) (a), or the imminent threat of a disaster, it becomes imprudent, porary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, to read as follows: inexpedient, or impossible to conduct the business of the legisla- (1) EMERGENCY INTERIM SUCCESSORS TO OFFICE OF GOVERNOR. If, during a ture at the state capital, the legislature may meet at the temporary state of emergency resulting from a disaster or the imminent threat of a disaster, location designated as provided under par. (a) or sub. (1) until it the governor is unavailable and the lieutenant governor and the secretary of is no longer, as a result of the disaster or imminent threat of disas- state are unavailable, the attorney general, state treasurer, speaker of the assem- bly, and the president of the senate shall in the order named if the preceding ter, imprudent, inexpedient, or impossible, to conduct the business named officers are unavailable, exercise the powers and discharge the duties of of the legislature at the state capital. the office of governor until a new governor is elected and qualified, or until a pre- (c) Pursuant to the session schedule under s. 13.02 (3), the leg- ceding named officer becomes available; but no interim successor to those offices may serve as governor. islature may meet for up to one week per session in a location that is not the state capital or the temporary location designated as pro- (2) INTERIM SUCCESSORS FOR OTHER STATE OFFICERS. (a) All vided under par. (a) or sub. (1) to practice meeting at a temporary state officers, subject to regulations that the governor, or other location. official authorized under the constitution or this section to exer- (d) Information about the temporary location designated as cise the powers and discharge the duties of the office of governor, provided under par. (a) is not subject to inspection or copying may issue, shall, in addition to any deputy authorized to exercise under s. 19.35 (1). all of the powers and discharge the duties of the office, designate by title interim successors and specify their order of succession. (2) EXERCISE OF GOVERNMENTAL AUTHORITY. While the seat of The officer shall review and revise, as necessary, designations government remains at a temporary location all official acts made under this section to ensure their current status. The officer required by law to be performed at the seat of government by any shall designate a sufficient number of interim successors so that officer, independent agency, department, or authority of this state, there will be not fewer than 3 nor more than 7 deputies or interim including the convening and meeting of the legislature in regular successors or any combination of deputies or interim successors, or special session under sub. (1) or (1m) (b) or (c), shall be as valid at any time. and binding when performed at the temporary location as if per- formed at the normal location. (b) If, during a state of emergency resulting from enemy History: 1979 c. 361 ss. 56, 112, 113; Stats. 1979 s. 166.05; 1995 a. 247; 2009 a. action, any state officer is unavailable and his or her deputy, if any, 42 ss. 123 to 125; Stats. 2009 s. 323.51; 2009 a. 363; 2011 a. 260 ss. 49, 80. is also unavailable, the powers of his or her office shall be exer- cised and the duties of his or her office shall be discharged by his 323.52 Temporary locations of government for local or her designated interim successors in the order specified. The units of government. (1) DESIGNATION OF TEMPORARY LOCA- interim successor shall exercise the powers and discharge the TIONS. Whenever during a state of emergency it becomes impru- duties of the office only until any of the following occurs: dent, inexpedient, or impossible to conduct the affairs of local NOTE: Par. (b) (intro.) is amended by 2009 Wis. Act 42, effective the day after government at the regular or usual place, the governing body of the secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for tem- each local unit of government may meet at any place within or porary succession to the powers and duties of public offices for the period of an without the territorial limits of the local unit of government on the emergency resulting from a cause other than an enemy action, to read as follows: call of the presiding officer or his or her successor, and shall pro- (b) If, during a state of emergency resulting from a disaster or the imminent ceed to establish and designate by ordinance, resolution, or other threat of a disaster, any state officer is unavailable and his or her deputy, if any, is also unavailable, the powers of his or her office shall be exercised and the duties manner, alternate or substitute places as the temporary locations of his or her office shall be discharged by his or her designated interim successors of government where all, or any part, of the public business may in the order specified. The interim successor shall exercise the powers and dis- be transacted and conducted during the emergency situation. charge the duties of the office only until any of the following occurs: Such alternate or substitute places may be within or without the 1. Where a vacancy exists, the governor under the constitu- territorial limits of the local unit of government and may be within tion or authority other than this section, or other official autho- 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20) Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. June 19, 2020. 323.53 EMERGENCY MANAGEMENT Updated 17−18 Wis. Stats. 10 rized under the constitution or this section to exercise the powers NOTE: Sub. (3) is amended by 2009 Wis. Act 42, effective the day after the secretary of state notifies the legislature that an amendment to the Wisconsin and discharge the duties of the office of governor, appoints a suc- Constitution has been approved that requires the legislature to provide for tem- cessor to fill the vacancy. porary succession to the powers and duties of public offices for the period of an

2. A successor is appointed, or elected and qualified as pro- emergency resulting from a cause other than an enemy action, to read as follows: (3) PERIOD DURING WHICH AUTHORITY MAY BE EXERCISED. An interim succes- vided by law other than under subd. 1. sor to an office may discharge the duties of the office only during the continuance

3. An officer, the officer’s deputy or a preceding named of an emergency resulting from a disaster or the imminent threat of a disaster. The legislature, by joint resolution, may at any time terminate the authority of interim successor becomes available to exercise, or resume the an interim successor to exercise the powers and discharge the duties of office exercise of, the powers and discharge the duties of the office. provided in this subchapter. History: 2009 a. 42 ss. 132, 140, 141, 313, 314; Stats. 2009 s. 323.53. (4) REMOVAL OF DESIGNEES. Until such time as the persons designated as interim successors are authorized to exercise the 323.54 Succession to office; local officers. (1) The powers and discharge the duties of an office in accordance with governing body of any political subdivision may enact ordinances this subchapter, those persons shall serve in their designated and resolutions to provide a method by which interim appoint- capacities at the pleasure of the designating authority. ments to public office are made during periods of emergency to fill vacancies in offices that result from enemy action. The ordi- (5) DISPUTES. Any dispute concerning a question of fact aris- nances or resolutions shall define the scope of the powers and ing under this subchapter with respect to an office in the executive branch of the state government, except a dispute of fact relative to duties that interim appointees may exercise, and shall provide for the office of governor, shall be adjudicated by the governor or termination of the interim appointments. NOTE: Sub. (1) is amended by 2009 Wis. Act 42, effective the day after the other official authorized under the constitution or this subchapter secretary of state notifies the legislature that an amendment to the Wisconsin to exercise the powers and discharge the duties of the office of Constitution has been approved that requires the legislature to provide for tem- governor and his or her decision shall be final. porary succession to the powers and duties of public offices for the period of an History: 2009 a. 42 ss. 145 to 149, 316, 317; Stats. 2009 s. 323.55. emergency resulting from a cause other than an enemy action, to read as follows: (1) The governing body of any political subdivision may enact ordinances and resolutions to provide a method by which interim appointments to public office are made during periods of emergency to fill vacancies in offices that result from SUBCHAPTER VI a disaster or the imminent threat of a disaster. The ordinances or resolutions shall define the scope of the powers and duties that interim appointees may exer- cise, and shall provide for termination of the interim appointments. EMERGENCY PLANNING (2) Each officer of a political subdivision for whom an interim successor is not determined by ordinance or resolution adopted 323.60 Hazardous substances information and emer- under sub. (1) shall, subject to such regulations as the executive gency planning. (1) DEFINITIONS. In this subchapter: head of the political subdivision issues, designate by title, if feasi- (b) “Committee” means a local emergency planning commit- ble, or by named person, interim successors and specify their tee created under s. 59.54 (8) (a). order of succession. The officer shall review and revise, as neces- (c) “Facility” means the buildings and contiguous area of a sin- sary, designations made pursuant to this section to ensure their gle location which is owned, operated or controlled by the same current status. The officer shall designate a sufficient number of person and used for conducting the activities of a public or private persons so that there will be not fewer than 3 nor more than 7 depu- agency, or as defined in 42 USC 11049 (4). ties or interim successors or any combination at any time. If any officer of any political subdivision or his or her deputy provided (d) “Facility plan” means a plan for response to the release of for pursuant to law is unavailable, the powers of the office shall hazardous substances from a specific facility, prepared as a com- be exercised and duties shall be discharged by his or her desig- ponent of a local emergency response plan under sub. (5) (a) and nated interim successors in the order specified. The interim suc- under 42 USC 11003. cessor shall exercise the powers and discharge the duties of the (e) “Federal act” means 42 USC 11000 to 11050. office to which designated until the vacancy that exists is filled in (f) “Hazardous chemical” means a hazardous chemical cov- accordance with the constitution or statutes or until the officer or ered under 42 USC 11021 and 11022 as defined under 29 CFR his or her deputy or a preceding interim successor again becomes 1910.1200 (c). available to exercise the powers and discharge the duties of his or (g) “Hazardous substance” means an extremely hazardous her office. substance included in the list published by the administrator of the History: 2009 a. 42 ss. 130, 131, 144, 315; Stats. 2009 s. 323.54. U.S. environmental protection agency under 42 USC 11002 (a) (2) or a hazardous substance as defined under 42 USC 9601 (14) 323.55 Interim successors. (1) STATUS AND QUALIFICA- or designated by the administrator of the U.S. environmental pro- TIONS OF DESIGNEES. No person may be designated or serve as an tection agency under 42 USC 9602 (a). interim successor under this subchapter unless he or she is eligible (gm) “Minerals” mean unbeneficiated metallic ore but does under the constitution and statutes to hold the office to which pow- not include mineral aggregates such as stone, sand, and gravel. ers and duties he or she is designated to succeed, but no statutory provision prohibiting local or state officials from holding another (h) “Private agency” means a privately owned and operated office shall be applicable to an interim successor. research facility or educational institution. (2) FORMALITIES OF TAKING OFFICE. Interim successors shall (i) “Public agency” means a state or local office, agency, board, commission, committee, council, department, research take any oath required for them to exercise the powers and dis- facility, educational institution or public body corporate or politic charge the duties of the office to which they may succeed. No per- created by constitution, law, ordinance, rule or order, or a govern- son, as a prerequisite to the exercise of the powers or discharge of mental or quasi−governmental corporation. the duties of an office to which he or she succeeds, shall be required to comply with any other provision of law relative to tak- (j) “Threshold quantity” means a designated quantity of any ing office. of the following: (3) PERIOD DURING WHICH AUTHORITY MAY BE EXERCISED. An 1. A hazardous chemical which, if used by or present at a interim successor to an office may discharge the duties of the facility, makes the facility subject to the requirements of sub. (5) office only during the continuance of an emergency resulting from (c). enemy action in the form of an attack. The legislature, by joint res- 2. A toxic chemical which, if used by or present at a facility, olution, may at any time terminate the authority of an interim suc- makes the facility subject to the requirements of sub. (5) (d). cessor to exercise the powers and discharge the duties of office (k) “Toxic chemical” means a toxic chemical covered under provided in this subchapter. 42 USC 11023 (c). 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20) Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. June 19, 2020. 11 Updated 17−18 Wis. Stats. EMERGENCY MANAGEMENT 323.60 (2) DUTIES OF THE DIVISION. The division shall do all of the fol- if the notification contains the information specified in 42 USC lowing: 11004 (b) (2) or (c). (a) Serve as the state emergency response commission under (c) All facilities in this state covered under 42 USC 11021 and the federal act. all public agencies and private agencies in this state at which a (b) Promulgate rules necessary for the implementation of the hazardous chemical is present at or above an applicable threshold federal act. quantity shall comply with the reporting requirements under 42 (bg) Promulgate rules establishing an amount not to exceed USC 11021 and 11022. The division shall implement minimum $6,000 that may be an eligible cost for computers in an emergency threshold levels for reporting by retail gas stations that are identi- planning grant under s. 323.61 (2) (br). cal to the minimum threshold levels for reporting under 42 USC 11021 and 11022. (c) Oversee the implementation of local emergency response plans by committees and provide assistance to committees in exe- (d) The following facilities shall comply with the toxic chemi- cuting their duties under sub. (3) (b) to the greatest extent possible. cal release form requirements under 42 USC 11023 and shall sub- mit copies of all toxic chemical release forms to the department (d) Administer the grant program under s. 323.61. of natural resources: (e) At least annually, submit a report to the governor indicating whether each county has a committee and whether the composi- 1. All facilities subject to 42 USC 11023. tion of each committee conforms to 42 USC 11001 (c). 2. All public agencies and private agencies at which a toxic (f) If the composition of a county’s committee does not con- chemical is used at or above an applicable threshold quantity. form to 42 USC 11001 (c), inform the county board of that fact and 3. All facilities with 10 or more employees in major group of the county board’s duty, under s. 59.54 (8) (a) 1., to create a classifications 10 to 13 in the standard industrial classification committee with members as specified in 42 USC 11001 (c). manual, 1987 edition, published by the U.S. office of management (3) DUTIES OF COMMITTEES. A committee shall do all of the fol- and budget, at which a toxic chemical is used at or above an appli- lowing: cable threshold quantity, except that compliance with the toxic chemical release form requirements under this subdivision is not (a) Carry out all requirements of a committee under the federal required for the placement of a toxic chemical in a storage or dis- act. posal site or facility that is located at a facility with a permit under (b) Upon receipt by the committee or the committee’s desig- ch. 293 or a mining permit under subch. III of ch. 295 if the toxic nated community emergency coordinator of a notification under chemical consists of or is contained in merchantable by−products, sub. (5) (b) of the release of a hazardous substance, take all actions as defined in s. 293.01 (7) or 295.41 (25), minerals, or refuse, as necessary to ensure the implementation of the local emergency defined in s. 293.01 (25) or 295.41 (41). response plan. (e) The reporting procedures for trade secrets under 42 USC (c) Consult and coordinate with the county board, the county 11042 shall apply to all facilities in this state subject to the require- and local heads of emergency management designated under s. ments under par. (a), (c), or (d). For the purposes of applying this 323.14 (1) (a) 2. or (b) 2. and the county emergency management paragraph to public agencies and private agencies, the division committee designated under s. 323.14 (1) (a) 3. in the execution shall have the powers and duties granted to the administrator of the of the local emergency planning committee’s duties under this U.S. environmental protection agency under 42 USC 11042. section. (f) All facilities in this state subject to the requirements under (4) DUTIES OF THE DEPARTMENT OF NATURAL RESOURCES. The par. (c) or (d) shall comply with the procedures for providing department of natural resources shall: information under 42 USC 11043. (a) Upon receipt of a notification under sub. (5) (b) or s. 292.11 (5m) FURNISHING INFORMATION. If the division or a committee (2) of the release of a hazardous substance, provide all information requests, in writing, information relating to the federal act or to contained in the notification to the division. this section, a facility shall furnish the information in the manner (b) Have the same powers and duties at the time of a release requested. of a hazardous substance as are given to it under s. 292.11, includ- (6) THRESHOLD QUANTITIES. Threshold quantities for the facil- ing the investigation of releases of hazardous substances, the ities of public agencies and private agencies shall be identical to repair of any environmental damage which results from the the threshold quantities established by the federal act or by regula- release and the recovery of costs from responsible parties. The tions promulgated under the federal act. department of natural resources may also, at the time of a release of a hazardous substance, identify and recommend to the division (7) FACILITY FEES. (a) The division shall establish, by rule, the and the committee measures to lessen or mitigate anticipated envi- following fees at levels designed to fund the division’s administra- ronmental damage resulting from the release. tive expenses and the grants under s. 323.61: (c) Use the information contained in toxic chemical release 1. An emergency planning notification fee to be paid when a forms submitted under sub. (5) (d) in the planning and imple- facility makes the emergency planning notification required mentation of programs related to the regulation, monitoring, under sub. (5) (a). abatement and mitigation of environmental pollution. 2. An inventory form fee to be paid annually when a facility (4m) COOPERATION. A state agency, federally recognized submits the emergency and hazardous chemical inventory forms American Indian tribe or band, or local governmental unit may required under sub. (5) (c). assist the division or a committee in the performance of its duties (b) The operator of a facility subject to the requirements of sub. under this section and may enter into an agreement with the divi- (5) (a) or (c) shall pay the fees under par. (a). The division may sion or a committee. establish, by rule, a surcharge to be paid by the operator of a facil- (5) NOTIFICATION AND REPORTING REQUIREMENTS. (a) All ity if the operator fails to pay the fees under par. (a) in a timely facilities in this state covered under 42 USC 11002 shall comply manner. The surcharge under this paragraph shall not exceed 20 with the emergency planning and notification requirements under percent of the original fee. 42 USC 11002 and 11003. (d) The operator of a facility, including a facility engaged in (b) All facilities in this state covered under 42 USC 11004 shall farming, as defined in s. 102.04 (3), is exempt from the fees under comply with the notification requirements of 42 USC 11004. par. (a) if the operator of the facility employs fewer than the equiv- Notification of the department of natural resources of the dis- alent of 10 full−time employees in this state. charge of a hazardous substance under s. 292.11 (2) shall consti- (dm) The operator of a facility at which petroleum products are tute the notification of the division required under 42 USC 11004 received by tank truck, tank trailer, or railroad tank car and stored 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20) Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. June 19, 2020. 323.60 EMERGENCY MANAGEMENT Updated 17−18 Wis. Stats. 12 for resale is exempt from the fees under par. (a) 2. with respect to a. If fewer than 60 days have elapsed since the plaintiff gave gasoline and diesel fuel present at that facility. notice of the alleged violation to the division and to the alleged (e) All moneys received under this subsection shall be credited violator. to the appropriations under s. 20.465 (3) (i) and (jm). b. If the department of justice has commenced and is dili- (7m) INSPECTIONS. (a) An authorized inspector of the division gently prosecuting a civil action against the alleged violator, but or the committee for the county in which a facility is located may in any such action any resident of this state may intervene as a mat- enter and inspect any facility or any pertinent record relating to the ter of right. facility at any reasonable time for the purpose of determining 2. No action may be commenced against the division under whether the facility is complying with this section and rules pro- this subsection if fewer than 60 days have elapsed since the plain- mulgated under this section. The division or committee, if tiff gave notice of the action to the division. requested, shall furnish to the operator of the facility a report set- (c) In addition to any other relief granted, the court may grant ting forth all facts found which relate to compliance with this sec- injunctive relief to restrain the violations alleged in the pleadings. tion and rules promulgated under this section. (10) VENUE. A proceeding under sub. (8) or (9) may be (b) The division shall promulgate rules to specify how the divi- brought in the circuit court for Dane County, for the county in sion or a committee may authorize inspectors for the purposes of which the defendant is located or for the county in which the viola- par. (a). The rules shall include requirements for experience or tion is alleged to have occurred. training of individuals authorized to conduct inspections. (11) PENALTIES. (a) Any person who violates sub. (5) (a), (b), (8) ENFORCEMENT. (a) The department of justice, at its own or (d), or the emergency and hazardous chemical inventory form discretion or at the request of the division or the committee or dis- requirements of 42 USC 11022, as applied under sub. (5) (c), or trict attorney for the county in which the violation is alleged to any rule promulgated under sub. (5) (a), (b), or (d), or concerning have occurred, shall enforce subs. (2) to (7) and rules promulgated emergency and hazardous chemical inventory form requirements under subs. (2) to (7). In any action commenced under this para- shall forfeit not less than $100 nor more than $25,000. Total for- graph, the department of justice may request the assistance of the feitures for the failure of a facility to report multiple releases of district attorney for the county in which the violation is alleged to hazardous substances covered under 42 USC 11004, as applied have occurred and the district attorney shall provide the requested under sub. (5), shall not exceed $75,000 per day of offense. assistance, except that, for a violation that is alleged to have (b) Any person who knowingly and willfully fails to report the occurred within the boundaries of a federally recognized Indian release of a hazardous substance covered under 42 USC 11004 as reservation or on land that is held in trust by the federal govern- required under sub. (5) (b) or any rule promulgated under sub. (5) ment for the benefit of an American Indian tribe or band, only the (b) is subject to the following penalties: department of justice may enforce subs. (2) to (7) and rules pro- 1. For the first offense, the person is guilty of a Class I felony, mulgated under subs. (2) to (7). except that, notwithstanding the maximum fine specified in s. (b) In addition to any other relief granted, the court may grant 939.50 (3) (i), the person may be fined not more than $25,000. injunctive relief to restrain violations of subs. (2) to (7) and rules 2. For the 2nd and subsequent offenses, the person is guilty promulgated under subs. (2) to (7). of a Class I felony, except that, notwithstanding the maximum fine (9) SUITS. (a) Except as provided in par. (b): specified in s. 939.50 (3) (i), the person may be fined not more than

1. Any person may commence a civil action on his or her $50,000. behalf against any of the following: (c) Any person who violates sub. (5) (e) or (f) or the material a. Any person for failure to submit a follow−up emergency safety data sheet requirements of 42 USC 11021, as applied under notice under 42 USC 11004 (c), as applied under sub. (5) (b). sub. (5) (c), or any rule promulgated under sub. (5) (e) or (f) or con- b. Any person for violation of sub. (5) (c) or (d). cerning material safety data sheet requirements shall forfeit not c. The division for failure to render a decision in response to less than $50 nor more than $10,000. a petition under 42 USC 11042 (d), as applied under sub. (5) (e), (d) Any person who knowingly and willfully releases a trade within 9 months after receipt of the petition. secret entitled to protection under 42 USC 11042, as applied under d. The division for failure to provide a mechanism for public sub. (5) (e), shall be fined not less than $100 nor more than availability of information in accordance with 42 USC 11044 (a), $20,000 or imprisoned for not more than one year in the county as applied under sub. (2) (a). jail or both. e. The division for failure to respond to a request for informa- (dg) Except as provided in this paragraph, any person who neg- tion under 42 USC 11022 (e) (3), as applied under sub. (2) (a). ligently makes a false statement or representation in any docu- ment provided by the operator of a facility or required to be main-

2. The division or any local unit of government may com- tained by the operator of a facility under the federal act, this mence a civil action against any person for failure to do any of the section or rules promulgated under this section shall forfeit not following: less than $100 nor more than $25,000. This penalty does not apply a. Provide notification to the division under 42 USC 11002 to the division, a committee or a member of the division or a com- (c), as applied under sub. (5) (a). mittee. b. Submit the information required under 42 USC 11021 (a) (dr) Any person who violates any provision of this section or or 11022 (a), as applied by sub. (5) (c). any rule promulgated under this section for which no penalty is c. Make available information requested under 42 USC provided under pars. (a) to (dg) shall forfeit not more than 11021 (c), as applied under sub. (5) (c). $20,000.

3. The division or any committee may commence an action (e) For the purposes of this subsection, each day of continued against any person for failure to provide the information required violation constitutes a separate offense. under 42 USC 11003 (d), as applied under sub. (5) (a) or any infor- History: 1987 a. 342; 1989 a. 31, 115, 359; 1991 a. 39, 104, 189; 1993 a. 240, 253; 1995 a. 13, 113, 201, 227, 247; 1997 a. 27, 283; 1999 a. 9, 185; 2001 a. 16, 109; 2009 mation required under 42 USC 11022 (e) (1), as applied under sub. a. 42 ss. 157 to 161, 163, 168, 170 to 175, 179 to 192, 193 to 203, 205, 206; Stats. 2009 (5) (c). s. 323.60; 2013 a. 1. (b) 1. No action may be commenced against any person other Cross−reference: See also chs. WEM 1, 2, 3, 5, and 6, Wis. adm. code. State Emergency Response Board committee members are entitled to indemnity than the division under this subsection under any of the following for damage liability under s. 895.46 and legal representation by the attorney general circumstances: under s. 165.25. 81 Atty. Gen. 17. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20) Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. June 19, 2020. 13 Updated 17−18 Wis. Stats. EMERGENCY MANAGEMENT 323.70 The authority and responsibility of local units of government to respond to Level local emergency response plans as required under s. 323.60 or the B hazardous substance releases is discussed. OAG 1−99. federal act. 323.61 Emergency planning grants. (1) GENERAL. (a) (e) Annually, the division shall establish a formula to deter- There is created an emergency planning grant program for the pur- mine the amount of emergency planning grant funds available to pose of assisting committees to comply with the requirements of each county. s. 323.60 and the federal act. (4) PAYMENT OF GRANTS. Annually, the division shall review (b) Any committee may apply annually to the division for an all applications received under this section and make grants to emergency planning grant. Applications shall be made in the committees from the appropriations under s. 20.465 (3) (jm) and manner specified by the division. (r). If insufficient funds are available to pay all approved grants, (2) ELIGIBLE COSTS. Eligible costs for emergency planning the division shall prorate the available funds among the eligible grants are limited to the cost of all of the following: applicants in proportion to the approved grant amounts. A pro- rated payment shall be deemed full payment of the grant. (a) Maintaining emergency response plans required under 42 USC 11003, including the cost of maintaining facility plans. (5) PAYMENT IN ADVANCE. (a) The division may pay a portion of a grant before the end of the period covered by the grant if a (b) Reviewing, exercising and implementing emergency committee requests the advance payment and if the division deter- response plans required under 42 USC 11003. mines that the necessary funds are available and that the advance (br) Subject to sub. (2m), 80 percent of the costs of computers payment will not result in insufficient funds to pay other grants. and emergency response equipment, but not to exceed $10,000. (b) The division may pay an amount up to 50 percent of antici- In−kind contributions may be used to meet the committee’s contri- pated eligible costs covered by a grant up to 12 months before the bution under this paragraph. end of the period covered by the grant. The division may pay an (c) Committee operation and administration, including the additional amount up to 25 percent of anticipated eligible costs up cost of supplies and equipment reasonably necessary for commit- to 6 months before the end of the period covered by the grant. The tee operation and administration, but excluding the cost of com- division shall determine anticipated eligible costs from a budget puters and emergency response equipment. submitted by the committee at the time that the committee (d) Any other activity of the committee required under s. requests payment in advance. 323.60 or the federal act. (c) If a committee receives advance payments under this sub- (dm) Hazardous materials response supplies. section which exceed the total grant amount calculated under sub. (e) The portion of a previous year’s costs that was approved (3), the division shall subtract the amount of the overpayment by the division but not paid because of insufficient funds. from the amount of a grant paid to that committee in the next year (2m) STRATEGIC PLAN. A committee is eligible for grant funds that the committee receives a grant. History: 1987 a. 342; 1989 a. 31, 115; 1991 a. 104; 1993 a. 16; 1995 a. 13, 227; under sub. (2) (br) for emergency response equipment only if it 1997 a. 27; 2001 a. 16; 2009 a. 42 ss. 207 to 213; Stats. 2009 s. 323.61. submits to the division a strategic plan for emergency response to hazardous substance releases that includes all of the following: 323.62 Mobile field force grants. From the appropriation (a) An analysis of the risks of hazardous substance releases in under s. 20.465 (3) (dm), the division may award grants to Wis- the county. consin law enforcement agencies, as defined in s. 165.77 (1) (c), (b) Identification of the existing capability for emergency to fund crowd−control training and equipment used for crowd response to hazardous substance releases in the county. control. History: 2017 a. 59. (c) An assessment of needs, including equipment and training needs, related to emergency response to hazardous substance releases in the county. SUBCHAPTER VII (d) A process to maintain or increase the capability for emer- gency response to hazardous substance releases in the county. EMERGENCY RESPONSE TEAMS (e) Identification of a local emergency response team that is capable of responding to a level B release that occurs at any place 323.70 Hazardous substance emergency response. in the county and whose members meet the standards for hazard- (1) In this subchapter: ous materials technicians in 29 CFR 1910.120 (q) (6) (iii) and (a) “Hazardous substance” has the meaning given in s. 299.01 national fire protection association standards NFPA 471 and 472. (6). (f) Procedures for local emergency response team actions that (b) “Local agency” means an agency of a county, city, village, are consistent with local emergency response plans developed or town, including a municipal police or fire department, a munic- under s. 323.60 (3) and the state contingency plan established ipal health organization, a county office of emergency manage- under s. 292.11 (5). ment, a county sheriff, an emergency medical service, a local (3) GRANT AMOUNT. (a) Emergency planning grants shall not emergency response team, or a public works department. exceed the sum of the following amounts: (c) “Local emergency response team” means a team that the committee identifies under s. 323.61 (2m) (e).

1. The costs of each new facility plan completed by the com- mittee and approved by the division in the period covered by the (2) The division shall contract with no more than 9 regional grant. emergency response teams, one of which shall be located in La Crosse County. Each regional emergency response team shall

2. All costs incurred by the committee in the period covered assist in the emergency response to level A releases in a region of by the grant related to subs. (2) (b) to (dm) and (2m). this state designated by the division. The division shall contract

3. The portion of a previous year’s costs that was approved with at least one regional emergency response team in each area by the division but not paid because of insufficient funds. designated under s. 323.13 (2) (a). The division may only contract (b) The division shall reduce the grant amount calculated with a local agency under this subsection. A member of a regional under par. (a) by the amount of any other gifts or grants received emergency response team shall meet the highest standards for a by the committee in the period covered by the grant for costs hazardous materials responder in 29 CFR 1910.120 (q) (6) (iv) incurred by the committee related to sub. (2). and National Fire Protection Association standards NFPA 471 and (c) Notwithstanding sub. (2), the division shall deny that por- 472. Regional emergency response teams shall have at least one tion of a grant calculated under par. (a) 2. if the division deter- member that is trained in each of the appropriate specialty areas mines that the committee has failed to meet grant obligations, under National Fire Protection Association standard NFPA 472. including the development, review, exercise or implementation of Payments to regional emergency response teams under this sub- 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20) Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. June 19, 2020. 323.70 EMERGENCY MANAGEMENT Updated 17−18 Wis. Stats. 14 section shall be made from the appropriation account under s. (c) The division shall promulgate rules that establish the proce- 20.465 (3) (dd). dures that a local emergency response team shall follow to deter- (3) The division shall reimburse a regional emergency mine if an emergency that requires the team’s response exists as response team for costs incurred by the team in responding to an the result of a release or potential release of a hazardous substance, emergency involving a level A release, or a potential level A as defined in s. 299.01 (6). release, if the team followed the procedures in the rules promul- History: 1991 a. 104; 1993 a. 253; 1995 a. 13; 1997 a. 27, 41; 1999 a. 9; 2001 a. 16; 2005 a. 33; 2009 a. 42 ss. 176 to 178, 214 to 221, 223, 224; Stats. 2009 s. 323.70; gated under sub. (7) (b) to determine if an emergency requiring a 2017 a. 59. response existed. Reimbursement under this subsection is limited to amounts collected under sub. (4) and the amounts appropriated 323.71 Local agency response and reimbursement. under s. 20.465 (3) (dr). Reimbursement is available under s. (1) A person who possesses or controls a hazardous substance 20.465 (3) (dr) only if the regional emergency response team has that is released or who causes the release of a hazardous substance made a good faith effort to identify the person responsible under shall take the actions necessary to protect public health and safety sub. (4) and that person cannot be identified, or, if that person is and prevent damage to property. identified, the team has received reimbursement from that person (2) If action required under sub. (1) is not being adequately to the extent that the person is financially able or has determined taken or the identity of the person responsible for an emergency that the person does not have adequate money or other resources involving a release or potential release of a hazardous substance to reimburse the regional emergency response team. is unknown and the emergency involving a release or potential (4) A person shall reimburse the division for costs incurred by release threatens public health or safety or damage to property, a a regional emergency response team in responding to an emer- local agency may take any emergency action that is consistent gency involving a level A release or a potential level A release if with the contingency plan for the undertaking of emergency the team followed the procedures established under s. sub. (7) (b) actions in response to the release or potential release of hazardous to determine if an emergency requiring the team’s response substances established by the department of natural resources existed and if any of the following conditions applies: under s. 292.11 (5) and that it considers appropriate under the cir- (a) The person possessed or controlled a hazardous substance cumstances. that was involved in the emergency. (3) The division shall reimburse a local emergency response (b) The person caused the emergency. team for costs incurred by the team in responding to an emergency (5) A member of a regional emergency response team who is involving a hazardous substance release, or potential release, if acting under a contract under sub. (2) is considered an employee the team followed the procedures in the rules promulgated under of the state for purposes of worker’s compensation benefits. s. 323.70 (7) (c) to determine if an emergency requiring the team’s response existed. Reimbursement under this subsection is limited (6) The division shall notify the joint committee on finance in to the amount appropriated under s. 20.465 (3) (dr). Reimburse- writing, before entering into a new contractual agreement under ment is available under s. 20.465 (3) (dr) only if the local emer- sub. (2) or renewing or extending a contractual agreement under gency response team has made a good faith effort to identify the sub. (2), of the specific funding commitment involved in that pro- person responsible under sub. (4) and that person cannot be identi- posed new, renewed or extended contract. The division shall fied, or, if that person is identified, the team has received reim- include in that notification information regarding any anticipated bursement from that person to the extent that the person is finan- contractual provisions that involve state fiscal commitments for cially able or has determined that the person does not have each fiscal year in the proposed new, renewed or extended con- adequate money or other resources to reimburse the local emer- tract. The division may enter into a new contractual agreement or gency response team. renew or extend a contractual agreement, as proposed in the notifi- cation to the joint committee on finance, if within 14 working days (4) (a) Except as provided in par. (b), a person shall reimburse after notification the committee does not schedule a meeting to a local agency as provided in sub. (5) for actual, reasonable, and review the division’s proposed action. If, within 14 working days necessary expenses incurred in responding to an emergency after notification to the joint committee on finance, the committee involving the release or potential release of a hazardous substance notifies the division that the committee has scheduled a meeting if any of the following conditions applies: to review the division’s proposed action, the division may enter 1. The person possessed or controlled a hazardous substance into the proposed new contact or renew or extend the contract as involved in the emergency. proposed only if the committee approves that action. 2. The person caused the emergency. (6m) From the appropriation under s. 20.465 (3) (df), the divi- (b) A local emergency response team may receive reimburse- sion may award grants to local agencies with which the division ment under par. (a) only if the team followed the procedures estab- contracts under sub. (2). A grant awarded under this subsection lished under s. 323.70 (7) (c) to determine if an emergency requir- shall be used to fund the replacement of equipment used in emer- ing the team’s response existed. gency responses to releases of hazardous substances under this (5) (a) The county board may designate a county employee or section. body as the reviewing entity under this subsection. If the county (7) (a) The division shall promulgate rules establishing stan- board does not make a designation, the local emergency planning dards to determine all of the following: committee is the reviewing entity.

1. If a regional or local emergency response team has made (am) A local agency seeking reimbursement under sub. (4) a good faith effort to identify a person responsible for the emer- shall submit a claim stating its expenses to the reviewing entity for gency involving a release or potential release of a hazardous sub- the county in which the emergency occurred. stance under sub. (4) or s. 323.71 (4). (b) The reviewing entity shall review claims submitted under

2. If a person responsible for the emergency involving a par. (am) and determine the amount of reasonable and necessary release or potential release of a hazardous substance under sub. (4) expenses incurred. The reviewing entity shall provide a person or s. 323.71 (4) is financially able or has the money or resources who is liable for reimbursement under sub. (4) with a notice of the necessary to reimburse a regional or local emergency response amount of expenses it has determined to be reasonable and neces- team for the expenses incurred by the regional or local emergency sary that arose from the emergency involving the release or poten- response team in responding to the emergency. tial release of a hazardous substance and that were incurred by all (b) The division shall promulgate rules that establish the pro- local agencies from which the reviewing entity receives a claim. cedures that a regional emergency response team shall follow to (c) If a person receiving a notice under par. (b) objects to the determine if an emergency that requires the team’s response exists amount of expenses in the notice, the person may ask the review- as the result of a level A release or a potential level A release. ing entity to review its determination. The reviewing entity may 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20) Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. June 19, 2020. 15 Updated 17−18 Wis. Stats. EMERGENCY MANAGEMENT 323.80 modify the determination and shall notify the person of the result Commonwealth of Puerto Rico, the District of Columbia, and all of its review. U.S. territorial possessions. (d) A person liable for reimbursement under sub. (4) shall pay (b) The purpose of this compact is to provide for mutual assist- the reimbursement directly to each local agency. ance among the party states in managing any emergency or disas- (6) A county may enact an ordinance in conformity with this ter that is declared by the governor of the affected state, whether section that governs the administration of claims under sub. (5). arising from natural disaster, technological hazard, man−made History: 1989 a. 256; 1995 a. 13, 227, 247; 1997 a. 27; 2001 a. 16; 2009 a. 42 ss. disaster, civil emergency aspects of resource shortages, commu- 222, 225 to 231; Stats. 2009 s. 323.71. nity disorders, insurgency, or enemy attack. (c) This compact also provides for mutual cooperation in 323.72 Structural collapse emergency response. emergency−related exercises, testing, or other training activities (1) A regional structural collapse team shall assist in the emer- using equipment and personnel simulating performance of any gency response to a structural collapse incident in a region of this aspect of the giving and receiving of aid by party states or subdivi- state designated by the division. Whenever a regional structural sions of party states during emergencies if such activities occur collapse team assists in an emergency response under this subsec- outside actual declared emergency periods. Mutual assistance in tion, it shall determine under the rules promulgated under sub. (5) this compact may include the use of the states’ national guard whether an emergency requiring the team’s response existed. If forces, either in accordance with the national guard mutual assist- the regional structural collapse team determines that such an ance compact or by mutual agreement among states. emergency existed, it shall make a good faith effort to identify the person who is required to reimburse the division under sub. (3) (2) ARTICLE II — GENERAL IMPLEMENTATION. (a) Each party and shall provide that information to the division. The division state recognizes that many emergencies transcend political juris- shall contract with local agencies, as defined in s. 323.70 (1) (b), dictional boundaries and that intergovernmental coordination is to establish no more than 4 regional structural collapse teams. A essential in managing these and other emergencies under this member of a regional structural collapse team shall meet the high- compact. Each party state recognizes that there will be emergen- est standards for a structural collapse team under the National Fire cies which require immediate access and present procedures to Protection Association standards NFPA 1006 and 1670. apply outside resources to make a prompt and effective response to such an emergency. (2) The division shall reimburse a regional structural collapse team for costs incurred by the team in responding to an emergency (b) The prompt, full, and effective utilization of resources of involving a structural collapse incident if the team determines that the party states, including any resources on hand or available from a structural collapse emergency requiring a response existed as the federal government or any other source, that are essential to provided under the rules promulgated under sub. (5). Reimburse- the safety, care, and welfare of the people in the event of any emer- ment under this subsection is limited to amounts collected under gency or disaster declared by a party state, shall be the underlying sub. (3). Reimbursement under this subsection is available only principle on which subs. (1) to (12) of this compact shall be under- if the regional structure collapse team has identified the person stood. who is required to reimburse the division under sub. (3) and pro- (c) On behalf of the governor of each party state, the legally vided that information to the division. designated state official who is assigned responsibility for emer- (3) A person shall reimburse the division for costs incurred by gency management will be responsible for formulation of the a regional structural collapse team in responding to an emergency appropriate interstate mutual aid plans and procedures necessary if the team determines under the rules promulgated under sub. (5) to implement this compact. that an emergency requiring the team’s response existed and that (3) ARTICLE III — PARTY STATE RESPONSIBILITIES. (a) It shall one of the following conditions applies: be the responsibility of each party state to formulate procedural (a) The person possessed or controlled a structure that was plans and programs for interstate cooperation in the performance involved in the structural collapse. of the responsibilities listed in this subsection. In formulating such plans, and in carrying them out, the party states, insofar as (b) The person caused the structural collapse. practical, shall do all of the following: (4) A member of a regional structural collapse team who is 1. Review individual state hazards analyses and, to the extent acting under a contract under sub. (1) is considered an employee reasonably possible, determine all those potential emergencies the of the state for purposes of worker’s compensation benefits. party states might jointly suffer, whether due to natural disaster, (5) (a) The division shall promulgate rules establishing stan- technological hazard, man−made disaster, emergency aspects of dards to be used to determine if a regional structural response team resource shortages, civil disorders, insurgency, or enemy attack. has made a good faith effort to identify the person who is required 2. Review party states’ individual emergency plans and to reimburse the division under sub. (3). develop a plan that will determine the mechanism for the interstate (b) The division shall promulgate rules that establish the pro- management and provision of assistance concerning any potential cedures that a regional structural collapse team shall follow to emergency. determine if a structural collapse emergency requiring the team’s 3. Develop interstate procedures to fill any identified gaps response existed. and to resolve any identified inconsistencies or overlaps in exist- History: 2009 a. 43 s. 1; Stats. 2009 s. 323.72; 2011 a. 258 s. 67. ing or developed plans.

4. Assist in warning communities adjacent to or crossing the SUBCHAPTER VIII state boundaries.

5. Protect and assure uninterrupted delivery of services, med- EMERGENCY MANAGEMENT ASSISTANCE COMPACTS icines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and mate- 323.80 Emergency management assistance compact. rial. The following compact, by and between the state of Wisconsin 6. Inventory and set procedures for the interstate loan and and all other states that enter into the compact, is ratified and delivery of human and material resources, together with proce- approved: dures for reimbursement or forgiveness. EMERGENCY MANAGEMENT ASSISTANCE COMPACT 7. Provide, to the extent authorized by law, for temporary sus- (1) ARTICLE I — PURPOSE AND AUTHORITIES. (a) This compact pension of any statues or ordinances that restrict the implementa- is made and entered into by and between the participating member tion of the responsibilities listed in subds. 1. to 6. states that enact this compact, called “party states” in this section. (b) The authorized representative of a party state may request In this agreement, the term “states” means the several states, the assistance of another party state by contacting the authorized rep- 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20) Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. June 19, 2020. 323.80 EMERGENCY MANAGEMENT Updated 17−18 Wis. Stats. 16 resentative of that state. The provisions of this agreement shall common to all states, and nothing contained in this compact shall only apply to requests for assistance made by and to authorized preclude any state from entering into supplementary agreements representatives. Requests may be made by and to authorized rep- with another state or affect any other agreements already in force resentatives. Requests may be verbal or in writing. If verbal, the among states. Supplementary agreements may include provisions request shall be confirmed in writing within thirty days of the ver- for evacuation and reception of injured and other persons and the bal request. Requests shall provide all of the following. exchange of medical, fire, police, public utility, reconnaissance,

1. A description of the emergency service function for which welfare, transportation and communications personnel, and assistance is needed, such as fire services, law enforcement, emer- equipment and supplies. gency medical, transportation, communications, public works (8) ARTICLE VIII — COMPENSATION. Each party state shall pro- and engineering, building inspection, planning and information vide for the payment of compensation and death benefits to assistance, mass care, resource support, health and medical ser- injured members of the emergency forces of that state and repre- vices, and search and rescue. sentatives of deceased members of those forces in case those

2. The amount and type of personnel, equipment, materials members sustain injuries or are killed while rendering aid under and supplies needed, and a reasonable estimate of the length of this compact, in the same manner and on the same terms as if the time they will be needed. injury or death were sustained within their own state.

3. The specific place and time for staging of the assisting par- (9) ARTICLE IX — REIMBURSEMENT. Except as provided in this ty’s response and a point of contact at that location. subsection, any party state rendering aid in another state under this (c) There shall be frequent consultation among state officials compact shall be reimbursed by the party state receiving the aid who have assigned emergency management responsibilities and for any loss or damage to or expense incurred in the operation of other appropriate representatives of the party states with affected any equipment and the provision of any service in answering a jurisdictions and the U.S. government, with free exchange of request for aid and for the costs incurred in connection with the information, plans, and resource records relating to emergency requests. Any aiding party state may assume in whole or in part capabilities. the loss, damage, expense, or other cost, or may loan equipment (4) ARTICLE IV — LIMITATIONS. Any party state requested to or donate services to the receiving party state without charge or render mutual aid or conduct exercises and training for mutual aid cost. Any two or more party states may enter into supplementary shall take any action that is necessary to provide and make avail- agreements establishing an allocation of costs among those states. able the resources covered by this compact in accordance with the Subsection (8) expenses may not be reimbursable under this sub- terms of this compact, provided that it is understood that the state section. rendering aid may withhold resources to the extent necessary to (10) ARTICLE X — EVACUATION. Plans for the orderly evacua- provide reasonable protection for that state. Each party state shall tion and interstate reception of portions of the civilian population afford to the emergency forces of any party state, while operating as the result of any emergency or disaster of sufficient proportions within its state limits under the terms and conditions of this com- to so warrant, shall be worked out and maintained among the party pact, the same powers, except that of arrest unless specifically states and the emergency management or services directors of the authorized by the receiving state, duties, rights, and privileges as various jurisdictions where any type of incident requiring evacua- are afforded forces of the state in which it is performing emer- tions might occur. Evacuation plans shall be put into effect by gency services. Emergency forces will continue under the com- request of the state from which evacuees come and shall include mand and control of their regular leaders, but the organizational the manner of transporting such evacuees, the number of evacuees units will come under the operational control of the emergency to be received in different areas, the manner in which food, cloth- services authorities of the state receiving assistance. These condi- ing, housing, and medical care will be provided, the registration tions may be activated, as needed, only subsequent to a declara- of the evacuees, the providing of facilities for the notification of tion of a state of emergency or disaster by the governor of the party relatives or friends, the forwarding of such evacuees to other areas state that is to receive assistance or commencement of exercises or the bringing in of additional materials, supplies, and all other or training for mutual aid and shall continue so long as the exer- relevant factors. Evacuation plans shall provide that the party cises or training for mutual aid are in progress, the state of emer- state receiving evacuees and the party state from which the evacu- gency or disaster remains in effect, or loaned resources remain in ees come shall mutually agree as to reimbursement of out−of− the receiving state, whichever is longest. pocket expenses incurred in receiving and caring for the evacuees, (5) ARTICLE V — LICENSES AND PERMITS. Whenever any per- for expenditures for transportation, food, clothing, medicines and son holds a license, certificate, or other permit issued by any party medical care, and for like items. Those expenditures shall be state evidencing the meeting of qualifications for professional, reimbursed as agreed by the party state from which the evacuees mechanical, or other skills, and when such assistance is requested come. After the termination of the emergency or disaster, the by the receiving party state, that person shall be deemed licensed, party state from which the evacuees came shall assume the certified, or permitted by the state requesting assistance to render responsibility for the ultimate support of repatriation of such evac- aid involving such skill to meet a declared emergency or disaster, uees. subject to any limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise. (11) ARTICLE XI — IMPLEMENTATION. (a) This compact shall (6) ARTICLE VI — LIABILITY. Officers or employees of a party become operative immediately upon its enactment into law by any state rendering aid in another party state shall be considered two states. After this compact becomes operative, this compact agents of the requesting state for tort liability and immunity pur- shall become effective as to any other state upon its enactment by poses, and no party state or its officers or employees rendering aid such state. in another party state shall be liable on account of any act or omis- (b) Any party state may withdraw from this compact by enact- sion performed in good faith on the part of those forces while so ing a statute repealing the compact, but the withdrawal shall not engaged or on account of the maintenance or use of any equipment take effect until thirty days after the governor of the withdrawing or supplies in connection with the rendering of aid. “Good faith” state has given notice in writing of the withdrawal to the governors in this subsection shall not include willful, wanton or reckless mis- of all other party states. Withdrawal from this compact shall not conduct. relieve the withdrawing state from obligations assumed under the (7) ARTICLE VII — SUPPLEMENTARY AGREEMENTS. Inasmuch compact before the effective date of withdrawal. as it is probable that the pattern and detail of the machinery for (c) Authenticated copies of this compact and of any supple- mutual aid among two or more states may differ from that among mentary agreements as may be entered into shall, at the time of the party states, this compact contains elements of a broad base their approval, be deposited with each of the party states and with 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20) Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. June 19, 2020. 17 Updated 17−18 Wis. Stats. EMERGENCY MANAGEMENT 323.81 the federal emergency management agency and other appropriate 1. Share and review individual jurisdiction hazards analyses agencies of the U.S. government. that are available and determine all those potential emergencies (12) ARTICLE XII — ADDITIONAL PROVISIONS. Nothing in this the participating jurisdictions might jointly suffer, whether due to compact shall authorize or permit the use of military force by the natural disaster, technological hazard, man−made disaster, or national guard of a state at any place outside that state in any emer- emergency aspects of resource shortages. gency for which the president is authorized by law to call into fed- 2. Share emergency operations plans, procedures, and proto- eral service the militia, or for any purpose for which the use of the cols established by each of the participating jurisdictions before army or the air force would in the absence of express statutory entering into this compact. authorization be prohibited under 18 USC 1385. 3. Share policies and procedures for resource mobilization, History: 1999 a. 26; 2009 a. 42 s. 238; Stats. 2009 s. 323.80. tracking, demobilization, and reimbursement. 323.81 State and province emergency management 4. Consider joint planning, training, and exercises. assistance compact. The following compact, by and between 5. Assist with alerts, notifications, and warnings for commu- the state of Wisconsin and all other jurisdictions that enter into the nities adjacent to or crossing participating jurisdiction boundaries. compact, is ratified and approved: 6. Consider procedures to facilitate the movement of evacu- (1) ARTICLE I — PURPOSE AND AUTHORITIES. (a) The State and ees, refugees, civil emergency personnel, equipment, or other Province Emergency Management Assistance Memorandum of resources into jurisdictions or across boundaries, or to a desig- Understanding, hereinafter referred to as the “compact,” is made nated staging area when it is agreed that such movement or staging and entered into by and among such of the jurisdictions as shall will facilitate civil emergency operations by the affected or partic- enact or adopt this compact, hereinafter referred to as “participat- ipating jurisdictions. ing jurisdictions.” For the purposes of this compact, the term “par- 7. Provide, to the extent authorized by law, for temporary sus- ticipating jurisdictions” may include any or all of the states of Illi- pension of any statutes or ordinances that impede the implementa- nois, Indiana, Ohio, Michigan, Minnesota, Montana, North tion of responsibilities described in this section. Dakota, Pennsylvania, New York, and Wisconsin, and the Cana- (b) The authorized representative of a participating jurisdic- dian Provinces of Alberta, Manitoba, Ontario, and Saskatchewan, tion may request assistance of another participating jurisdiction and such other states and provinces as may hereafter become a by contacting the authorized representative of that jurisdiction. party to this compact. The term “states” means the several states, These provisions only apply to requests for assistance made by the Commonwealth of Puerto Rico, the District of Columbia, and and to authorized representatives. Requests may be oral or in writ- all territorial possessions of the United States. The term “prov- ing. If oral, the request must be confirmed in writing within 15 inces” means the 10 political units of government within Canada. days of the oral request. Requests must provide all of the follow- (b) The purpose of this compact is to provide for the possibility ing information: of mutual assistance among the participating jurisdictions in man- 1. A description of the emergency service function for which aging any emergency or disaster when the affected jurisdiction or assistance is needed and of the mission, including fire services, jurisdictions ask for assistance, whether arising from natural dis- emergency medical, transportation, communications, public aster, technological hazard, man−made disaster, or civil emer- works and engineering, building inspection, planning and infor- gency aspects of resources shortages. mation assistance, mass care, resource support, health and medi- (c) This compact also provides for the process of planning cal services, and search and rescue. mechanisms among the participating jurisdictions responsible 2. The amount and type of personnel, equipment, materials, and for mutual cooperation, including civil emergency prepared- and supplies needed and a reasonable estimate of the length of ness exercises, testing, or other training activities using equipment time they will be needed. and personnel simulating performance of any aspect of the giving 3. The specific place and time for staging of the assisting par- and receiving of aid by participating jurisdictions or subdivisions ticipating jurisdictions’ response and a point of contact at the loca- of participating jurisdictions during emergencies, with such tion. actions occurring outside emergency periods. (c) There shall be periodic consultation among the authorized (2) ARTICLE II — GENERAL IMPLEMENTATION. (a) Each partici- representatives who have assigned emergency management pating jurisdiction entering into this compact recognizes that responsibilities. many emergencies may exceed the capabilities of a participating (4) ARTICLE IV — LIMITATION. It is recognized that any partici- jurisdiction and that intergovernmental cooperation is essential in pating jurisdiction that agrees to render mutual aid or conduct such circumstances. Each participating jurisdiction further rec- exercises and training for mutual aid will respond as soon as pos- ognizes that there will be emergencies that may require immediate sible. It is also recognized that the participating jurisdiction ren- access and present procedures to apply outside resources to make dering aid may withhold or recall resources to provide reasonable a prompt and effective response to such an emergency because protection for itself, at its discretion. To the extent authorized by few, if any, individual jurisdictions have all the resources they law, each participating jurisdiction will afford to the personnel of need in all types of emergencies or the capability of delivering the emergency contingent of any other participating jurisdiction resources to areas where emergencies exist. while operating within its jurisdiction limits under the terms and (b) On behalf of the participating jurisdictions in the compact, conditions of this compact and under the operational control of an the legally designated official who is assigned responsibility for officer of the requesting participating jurisdiction the same treat- emergency management is responsible for formulation of the ment as is afforded similar or like human resources of the partici- appropriate interjurisdictional mutual aid plans and procedures pating jurisdiction in which they are performing emergency ser- necessary to implement this compact, and for recommendations vices. Staff comprising the emergency contingent continue under to the participating jurisdiction concerned with respect to the the command and control of their regular leaders but the organiza- amendment of any statutes, regulations, or ordinances required tional units come under the operational control of the emergency for that purpose. services authorities of the participating jurisdiction receiving (3) ARTICLE III — PARTICIPATING JURISDICTION RESPONSIBILI- assistance. These conditions may be activated, as needed, by the TIES. (a) It is the responsibility of each participating jurisdiction participating jurisdiction that is to receive assistance or upon com- to formulate procedural plans and programs for interjurisdictional mencement of exercises or training for mutual aid and continue as cooperation in the performance of the responsibilities listed in this long as the exercises or training for mutual aid are in progress, the section. In formulating and implementing such plans and pro- emergency or disaster remains in effect or loaned resources grams the participating jurisdictions, to the extent practical, may remain in the receiving participating jurisdictions, whichever is do any of the following: longer. The receiving participating jurisdiction is responsible for 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20) Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. June 19, 2020. 323.81 EMERGENCY MANAGEMENT Updated 17−18 Wis. Stats. 18 informing the assisting participating jurisdiction when services sustain injuries or are killed while rendering aid under this com- will no longer be required. pact, in the same manner and on the same terms as if the injury or (5) ARTICLE V — LICENSES, CERTIFICATES, AND PERMITS. death were sustained within their own jurisdiction. Whenever a person holds a license, certificate, or other permit (9) ARTICLE IX — REIMBURSEMENT. Any participating juris- issued by any participating jurisdiction evidencing the meeting of diction rendering aid in another jurisdiction under this compact qualifications for professional, mechanical, or other skills, and shall, if requested, be reimbursed by the participating jurisdiction when such assistance is requested by the receiving participating receiving such aid for any loss or damage to, or expense incurred jurisdiction, such person is deemed to be licensed, certified, or in, the operation of any equipment and the provision of any service permitted by the jurisdiction requesting assistance to render aid in answering a request for aid and for the costs incurred in connec- involving such skill to meet an emergency or disaster, subject to tion with those requests. An aiding participating jurisdiction may such limitations and conditions as the requesting jurisdiction pre- assume in whole or in part any such loss, damage, expense, or scribes by executive order or otherwise. other cost or may loan such equipment or donate such services to (6) ARTICLE VI — LIABILITY. Any person or entity of a partici- the receiving participating jurisdiction without charge or cost. pating jurisdiction rendering aid in another jurisdiction under this Any 2 or more participating jurisdictions may enter into supple- compact is considered an agent of the requesting jurisdiction for mentary agreements establishing a different allocation of costs tort liability and immunity purposes. Any person or entity render- among those jurisdictions. Expenses under article VIII are not ing aid in another jurisdiction under this compact is not liable on reimbursable under this section. account of any act or omission made in good faith on the part of (10) ARTICLE X — IMPLEMENTATION. (a) This compact is such forces while so engaged or on account of the maintenance or effective upon its execution or adoption by any one state and one use of any equipment or supplies in connection therewith. Good province, and is effective as to any other jurisdiction upon its exe- faith in this article does not include willful misconduct, gross neg- cution or adoption thereby: subject to approval or authorization by ligence, or recklessness. the U.S. Congress, if required, and subject to enactment of provin- (7) ARTICLE VII — SUPPLEMENTARY AGREEMENTS. Because it cial or state legislation that may be required for the effectiveness is probable that the pattern and detail of the compact for mutual of the compact. aid among 2 or more participating jurisdictions may differ from (b) Additional jurisdictions may participate in this compact that among the participating jurisdictions that are party to this upon execution or adoption of the compact. compact, this compact contains elements of a broad base common (c) Any participating jurisdiction may withdraw from this to all participating jurisdictions, and nothing in this compact pre- compact, but the withdrawal does not take effect until 30 days cludes any participating jurisdiction from entering into supple- after the governor or premier of the withdrawing jurisdiction has mentary agreements with another jurisdiction or affects any other given notice in writing of such withdrawal to the governors or pre- agreements already in force among participating jurisdictions. miers of all other participating jurisdictions. The action does not Supplementary agreements may include provisions for evacua- relieve the withdrawing jurisdiction from obligations assumed tion and reception of injured and other persons and the exchange under this compact prior to the effective date of the withdrawal. of medical, fire, public utility, reconnaissance, welfare, trans- (d) Duly authenticated copies of this compact in the French portation, and communications personnel, equipment, and sup- and English languages and of such supplementary agreements as plies. may be entered into shall, at the time of their approval, be depos- (8) ARTICLE VIII — WORKER’S COMPENSATION AND DEATH ited with each of the participating jurisdictions. BENEFITS. Each participating jurisdiction shall provide, in accord- (11) ARTICLE XI — CONSISTENCY OF LANGUAGE. The validity ance with its own laws, for the payment of worker’s compensation of the arrangements and agreements consented to in this compact and death benefits to injured members of the emergency contin- shall not be affected by any insubstantial difference in form or lan- gent of that participating jurisdiction and to representatives of guage as may be adopted by the various states and provinces. deceased members of that emergency contingent if the members History: 2013 a. 97; 2013 a. 151 s. 28. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on June 19, 2020. Published and certified under s. 35.18. Changes effective after June 19, 2020, are designated by NOTES. (Published 6−19−20)