Chapter 323

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.

323.29(5)(a) (a) The department shall award grants to local units of government that have participating agencies and entities identified under sub. (2) (a), using the criteria under par. (b) 2.

323.29(5)(b) (b) The department shall establish guidelines for grants under par. (a) that are based on the recommendations of the council under sub. (2) (g). Notwithstanding s. 227.10 (1), guidelines under this paragraph need not be promulgated as rules under ch. 227 and shall specify all of the following:

323.29(5)(b)1. 1. Appropriate purposes for the grants, which shall relate to public safety interoperable communication system upgrades.

323.29(5)(b)2. 2. Eligibility criteria for the grants, which shall include, at a minimum, all of the following:

323.29(5)(b)2.a. a. A requirement that a local unit of government’s governing body submit a resolution or other written commitment indicating the local unit of government’s intention to spend, of its own funds, an amount equal to 20 percent of the total grant awarded under par. (a) on the public safety interoperable communication system upgrades.

323.29(5)(b)2.b. b. If a local unit of government whose agencies or entities under sub. (2) (a) are not currently daily users of the statewide public safety interoperable communication system, but would like to be considered daily users for the purpose of receiving a grant under par. (c), a requirement that the local unit of government’s governing body submit a resolution or other written commitment indicating its intention to join the replacement statewide public safety interoperable communication system required under 2021 Wisconsin Act 58, section 9131 (1) (c), when that system becomes available.

323.29(5)(b)2.c. c. Authorized uses for the grant funding, including that any radios purchased with the grant funding must be 700/800 MHz P25 Phase II-compliant and capable of operating on the state’s upgraded public safety interoperable communication system.

323.29(5)(c) (c) Beginning on March 29, 2024, and for 4 years thereafter, the department shall award 70 percent of the grants under par. (a) to local units of government whose agencies or entities identified under sub. (2) (a) are daily users of the statewide public safety interoperable communication system, and the department shall award 30 percent of the grants under par. (a) to local units of government whose agencies or entities identified under sub. (2) (a) are not daily users of the statewide public safety interoperable communication system.

323.29(5)(d) (d) Grants under par. (a) may be prioritized to correlate the timing of the receipt of grant funding with the timing of infrastructure for the replacement statewide public safety interoperable communication system required under 2021 Wisconsin Act 58, section 9131 (1) (c), becoming available in the geographic area of the grant recipient.

323.29 History History: 2007 a. 79; 2009 a. 180; 2013 a. 20; 2017 a. 59 ss. 169e to 169s, 1673h to 1673t, 1892c to 1892x; 2019 a. 9; 2021 a. 58; 2023 a. 221.

323.2911 323.2911 Public employee health insurance coverage. Notwithstanding s. 40.02 (40), for the purpose of group health insurance coverage offered by the group insurance board under 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 12, 2020, due to the public health emergency declared by executive order 72, the leave of absence is deemed ended or interrupted on that date.

323.2911 History History: 2019 a. 185.

323.2912 323.2912 Suspension of limited term appointment hours. Notwithstanding s. 230.26 (1), the director of the bureau of merit recruitment and selection in the division of personnel management in the department of administration may increase or suspend the number of hours for a limited term appointment for the duration of the public health emergency declared on March 12, 2020, by executive order 72.

323.2912 History History: 2019 a. 185.

323.2913 323.2913 Use of annual leave during probationary period by state employee. Notwithstanding s. 230.35 (1) (b), a state employee may take annual leave within the first 6 months of the employee’s probationary period upon initial appointment during the public health emergency declared on March 12, 2020, by executive order 72. If an employee who has taken annual leave under this section terminates his or her employment before earning annual leave equivalent to the amount of annual leave the employee has taken, the appointing authority shall deduct the cost of the unearned annual leave from the employee’s final pay.

323.2913 History History: 2019 a. 185.

323.2915 323.2915 State civil service grievance procedures.

323.2915(1) (1) Notwithstanding s. 230.445 (2) and (3), an employee does not waive his or her right to appeal an adverse employment decision if the employee does not timely file the complaint or appeal during the public health emergency declared on March 12, 2020, by executive order 72. The tolling period under s. 230.445 (3) (a) 1. begins 14 days after the termination of such public health emergency.

323.2915(2) (2) Notwithstanding s. 230.445 (3) (a) 2., an appointing authority or his or her designee is not required to meet with a complainant in person during the public health emergency declared on March 12, 2020, by executive order 72, when conducting an investigation under s. 230.445 (3) (a) 2.

323.2915 History History: 2019 a. 185.

subch. III of ch. 323 SUBCHAPTER III

DISASTER ASSISTANCE PROGRAMS

323.30 323.30 Federal disaster assistance.