Chapter 323

323.14(3)(a) (a) If the governing body of a local unit of government declares an emergency under s. 323.11 and intends to make use of volunteer health care practitioners, as specified in s. 257.03, the governing body or its agent shall, as soon as possible, notify the department of health services of this intent.

323.14(3)(b) (b) During a state of emergency declared by the governor, a local unit of government situated within the area to which the governor’s executive order applies may employ personnel, facilities, and other resources consistent with the plan adopted under sub. (1) (a) 1. or (b) 1. to cope with the problems that resulted in the governor declaring the emergency. Nothing in this chapter prohibits local units of government from employing their personnel, facilities, and resources consistent with the plan adopted under sub. (1) (a) 1. or (b) 1. to cope with the problems of local disasters except where restrictions are imposed by federal regulations on property donated by the federal government.

323.14(4) (4) Powers during an emergency.

323.14(4)(a) (a) The emergency power of the governing body conferred under s. 323.11 includes the general authority to order, by ordinance or resolution, whatever is necessary and expedient for the health, safety, protection, and welfare of persons and property within the local unit of government in the emergency and includes the power to bar, restrict, or remove all unnecessary traffic, both vehicular and pedestrian, from the highways, notwithstanding any provision of chs. 341 to 349.

323.14(4)(b) (b) If, because of the emergency conditions, the governing body of the local unit of government is unable to meet promptly, the chief executive officer or acting chief executive officer of any local unit of government shall exercise by proclamation all of the powers conferred upon the governing body under par. (a) or s. 323.11 that appear necessary and expedient. The proclamation shall be subject to ratification, alteration, modification, or repeal by the governing body as soon as that body can meet, but the subsequent action taken by the governing body shall not affect the prior validity of the proclamation.

323.14 History History: 2009 a. 42 ss. 98 to 102, 111, 112, 234 to 236, 294 to 299; Stats. 2009 s. 323.14; 2021 a. 243.

323.15 323.15 Heads of emergency management; duties and powers.

323.15(1) (1) Ongoing duties.

323.15(1)(a) (a) The head of emergency management for each local unit of government shall implement the plan adopted under s. 323.14 (1) (a) 1. or (b) 1., whichever is applicable, and perform such other duties related to emergency management as are required by the governing body and the emergency management committee of the governing body when applicable. The emergency management plans shall require the use of the incident command system by all emergency response agencies, including local health departments, during a state of emergency declared under s. 323.10 or 323.11.

323.15(1)(b) (b) The head of emergency management for each county shall coordinate and assist in developing city, village, and town emergency management plans within the county, integrate the plans with the county plan, advise the department of military affairs of all emergency management planning in the county and submit to the adjutant general the reports that he or she requires, direct and coordinate emergency management activities throughout the county during a state of emergency, and direct countywide emergency management training programs and exercises.

323.15(1)(c) (c) The head of emergency management in each city, village and town shall do all of the following:

323.15(1)(c)1. 1. Direct local emergency management training programs and exercises.

323.15(1)(c)2. 2. Direct participation in emergency management programs and exercises that are ordered by the adjutant general or the county head of emergency management.

323.15(1)(c)3. 3. Advise the county head of emergency management on local emergency management programs.

323.15(1)(c)4. 4. Submit to the county head of emergency management any reports he or she requires.

323.15(4) (4) Powers during an emergency. During a state of emergency declared by the governor, the head of emergency management for each local unit of government, on behalf of his or her respective local unit of government, may contract with any person to provide equipment and services on a cost basis to be used to respond to a disaster, or the imminent threat of a disaster.

323.15 History History: 2009 a. 42 ss. 104 to 107, 300, 301; Stats. 2009 s. 323.15.

323.16 323.16 Powers of law enforcement officers. During any state of emergency declared by the governor or during any training program or exercises authorized by the adjutant general, any law enforcement officer, when legally engaged in traffic control, escort duty, or protective service, may carry out the functions anywhere in the state but shall be subject to the direction of the adjutant general through the sheriff of the county in which an assigned function is performed.

323.16 History History: 2009 a. 42 s. 118; Stats. 2009 s. 323.16.

323.17 323.17 State traffic patrol officers and conservation wardens. If the governor calls out the state traffic patrol or conservation warden service, or members of the patrol or service, under s. 323.12 (2) (c), the state traffic patrol officers or conservation wardens subject to the call shall have the powers of a law enforcement officer for the duration determined by the governor, except that the officers and wardens may not be used in or take part in any dispute or controversy between an employer and employee concerning wages, hours, labor, or working conditions.

323.17 History History: 2009 a. 42.

323.18 323.18 State agency volunteers. A state agency may register or preregister volunteers to assist the agency during a disaster, an imminent threat of a disaster, or a related training exercise.

323.18 History History: 2009 a. 42.

323.19 323.19 State official authority to grant variances to statutes and rules for a disaster.

323.19(1) (1) The secretary of health services may grant a hospital a variance to or a waiver from a requirement for hospitals as provided in s. 50.36 (6m).

323.19(2) (2) The pharmacy examining board may grant a variance to ch. 450 or a rule promulgated under ch. 450 in response to a disaster as provided in s. 450.02 (3m).

323.19(3) (3) Based on guidance provided by the secretary of health services, the head of each state agency and each local health department shall determine which public employee positions within the respective state agency or local government are critical during the public health emergency declared on March 12, 2020, by executive order 72, for the purposes of s. 40.26 (5m) and (6) (b).

323.19(4) (4) 

323.19(4)(a) (a) In this subsection, “state entity” means any state agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law that is entitled to expend moneys appropriated by law, including the legislature, the courts, and any authority.

323.19(4)(b) (b) During the public health emergency declared on March 12, 2020, by executive order 72, the head or governing body of a state entity may waive a requirement imposed, administered, or enforced by the state entity that an individual appear in person if the head or governing body finds that the waiver assists in the state’s response to the public health emergency or that enforcing the requirement may increase the public health risk.

323.19 History History: 2009 a. 42; 2011 a. 260 s. 80; 2013 a. 236; 2019 a. 185.

323.20 323.20 Emergency use of vehicles. In responding to an official request for help during any declared state of emergency, any person may operate a boat or any motor vehicle, including a snowmobile, all-terrain vehicle, or utility terrain vehicle, that is not registered in this state.

323.20 History History: 2009 a. 42 s. 109; Stats. 2009 s. 323.20; 2011 a. 208.

323.24 323.24 Prohibition against restricting firearms or ammunition during emergency. A person who is granted emergency powers under this subchapter may not use those powers to restrict the lawful possession, transfer, sale, transport, storage, display, or use of firearms or ammunition during an emergency.

323.24 History History: 2007 a. 87; 2009 a. 42 s. 237; Stats. 2009 s. 323.24.

323.25 323.25 Personnel restrictions.

323.25(1) (1) No personnel, while performing emergency management functions consistent with a plan adopted under s. 323.13 (1) (b) or 323.14 (1) (a) 1. or (b) 1., shall participate in any form of political activity or be employed directly or indirectly for any political activity.

323.25(2) (2) No personnel, while performing emergency management functions consistent with a plan adopted under s. 323.13 (1) (b) or 323.14 (1) (a) 1. or (b) 1., shall be employed to interfere with the orderly process of a labor dispute.

323.25(3) (3) No person may be employed or associated in any capacity 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 advocates a change by force or violence in the constitutional form of government of the United States or this state or who has been convicted of or is under indictment or information charging any subversive act against the United States.

323.25 History History: 2009 a. 42 ss. 114, 115; Stats. 2009 s. 323.25.

323.26 323.26 Electronic communications. The adjutant general shall provide an option for the head of emergency management for each local unit of government to elect to receive all emergency management correspondence via electronic mail, including project worksheets and other administrative documents.

323.26 History History: 2019 a. 159.

323.265 323.265 Suspension of certain deadlines and training requirements during a public health emergency.

323.265(1) (1) Definitions. In this section:

323.265(1)(a) (a) “Agency” means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, including any authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279, the legislature, or the courts.

323.265(1)(b) (b) “Deadline” means any date certain by which, or any other limitation as to time within which, an action or event is required to occur.

323.265(1)(c) (c) “Emergency period” means the period covered by the public health emergency declared on March 12, 2020, by executive order 72, plus 30 days.

323.265(1)(d) (d) “Local governmental unit” means a political subdivision of this state, a special purpose district in this state, an agency or corporation of a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

323.265(2) (2) Deadlines.

323.265(2)(a) (a) Each agency or local governmental unit may toll for the duration of an emergency period any deadline falling within that period that the agency or local governmental unit administers or enforces. The agency or local governmental unit may not charge any interest or penalty that would otherwise apply with respect to the tolled deadline.

323.265(2)(b) (b) Paragraph (a) does not apply to all of the following:

323.265(2)(b)1. 1. Any deadline with respect to the filing or payment of a tax for which the revenue is deposited or is expected to be deposited in the general fund, a tax or fee for which the revenue is deposited or is expected to be deposited in the transportation fund, or a property tax.

323.265(2)(b)2. 2. The date on which an election, as defined in s. 5.02 (4), is to be held, and any deadline relating to an election.

323.265(3) (3) Training requirements. During an emergency period, each agency or local governmental unit may suspend any training requirement associated with any program the agency or local unit of government administers or enforces.

323.265 History History: 2019 a. 185.

323.27 323.27 Electronic payments. The adjutant general shall notify each local unit of government that it may receive payment from the division of emergency management via electronic means. At the request of a local unit of government, the adjutant general shall authorize the issuing of payment to the local unit of government through the use of money transfer techniques including, without limitation because of enumeration, direct deposit, electronic funds transfer, and automated clearinghouse procedures.

323.27 History History: 2019 a. 159.

323.28 323.28 Penalties. Whoever intentionally fails to comply with an order issued by an agent of the state or of a local unit of government who is engaged in emergency management activities under this chapter, including training exercises, is subject to a forfeiture of not more than $200.

323.28 History History: 2009 a. 42 s. 121; Stats. 2009 s. 323.28.

323.29 323.29 Statewide public safety interoperable communication system.

323.29(1) (1) Definitions.

323.29(1)(a) (a) “Council” means the interoperability council created under s. 15.315 (1) (a).

323.29(1)(am) (am) “Department” means the department of military affairs.

323.29(1)(b) (b) “Dispatch center” has the meaning given for “public safety answering point” in s. 256.35 (1) (gm).

323.29(1)(c) (c) “Interoperability” means the ability of public safety agencies to communicate with each other and with agencies and entities identified under sub. (2) (a) by means of radio or associated communications systems, including the exchange of voice, data, or video communications on demand and in real time, as needed and authorized.

323.29(1)(d) (d) “Public safety agency” has the meaning given in s. 256.35 (1) (g).

323.29(2) (2) Interoperability council. The council shall do all of the following:

323.29(2)(a) (a) Identify types of agencies and entities, including public works and transportation agencies, hospitals, and volunteer emergency services agencies to be included, in addition to public safety agencies, in a statewide public safety interoperable communication system.

323.29(2)(b) (b) Recommend short-term and long-term goals to achieve a statewide public safety interoperable communication system.

323.29(2)(c) (c) Recommend and periodically review a strategy and timeline for achieving the goals under par. (b), including objectives for local units of government.

323.29(2)(d) (d) Assist the department in identifying and obtaining funding to implement a statewide public safety interoperable communication system.

323.29(2)(e) (e) Advise the department on allocating funds, including those available for homeland security, for the purpose of achieving the goals under par. (b).

323.29(2)(f) (f) Make recommendations to the department on all of the following:

323.29(2)(f)1. 1. Technical and operational standards for public safety interoperable communication systems.

323.29(2)(f)2. 2. Guidelines and procedures for using public safety interoperable communication systems.

323.29(2)(f)3. 3. Minimum standards for public safety interoperable communication systems, facilities, and equipment used by dispatch centers.

323.29(2)(f)4. 4. Certification criteria for persons who operate public safety interoperable communication systems for dispatch centers.

323.29(2)(g) (g) Advise the department on appropriate purposes and eligibility criteria for grants under sub. (5).

323.29(3) (3) Department duties and powers.

323.29(3)(a) (a) The department shall do all of the following:

323.29(3)(a)1. 1. Provide staff support for the council.

323.29(3)(a)2. 2. Administer the current and the future statewide public safety interoperable communication system.

323.29(3)(a)3. 3. Oversee the operation of the current statewide public safety interoperable communication system.

323.29(3)(b) (b) The department may do any of the following:

323.29(3)(b)1. 1. Charge a public safety agency that is a state agency a fee for use of the statewide public safety interoperable communication system under this section.

323.29(3)(b)2. 2. Charge a person that is not a state agency a fee for use of the statewide public safety interoperable communication system under this section.

323.29(3)(b)3. 3. Enter into agreements for maintenance and support of the current statewide public safety interoperable communication system and enter into agreements for maintenance and support of, upgrades to, and enhancements for a replacement statewide public safety interoperable communication system after it has been procured.

323.29(4) (4) Director of emergency communications. The adjutant general shall appoint a director of emergency communications within the division to serve at the pleasure of the adjutant general outside the classified service. The position shall be funded from the appropriation under s. 20.465 (3) (q).

323.29(5) (5) Grant program for public safety interoperable communication system upgrades.