Chapter 323, EMERGENCY MANAGEMENT

323.01 Declaration of policy. (1) To prepare the state and its subdivisions to cope with emergencies resulting from a disaster, or the imminent threat of a disaster, it is declared to be necessary to establish an organization for emergency management, conferring upon the governor…

323.02 Definitions. In this chapter, unless the context clearly indicates otherwise: (1) “Adjutant general” means the adjutant general of the department of military affairs. (2) “Administrator” means the administrator of the division. (3) “Biological agent” means any of the follo…

323.10 Declaration by governor. The governor may issue an executive order declaring a state of emergency for the state or any portion of the state if he or she determines that an emergency resulting from a disaster or the imminent threat of a disaster exists. If the governor dete…

323.11 Declaration by local government. The governing body of any local unit of government may declare, by ordinance or resolution, an emergency existing within the local unit of government whenever conditions arise by reason of a riot or civil commotion, a disaster, or an immine…

323.12 Governor; duties and powers; out-of-state assistance. (1) ONGOING DUTIES. The governor shall do all of the following: (a) Review orders establishing or altering emergency management areas. (b) Review state emergency management plans and modifications to the plans. (c) Dete…

323.13 Adjutant general; duties and powers. 323.13(1)(1) Ongoing duties. The adjutant general shall do all of the following: 323.13(1)(a)(a) Serve as the governor’s principal assistant for directing and coordinating emergency management activities. 323.13(1)(b)(b) Subject to appr…

323.14 Local government; duties and powers. (1) ONGOING DUTIES. (a) 1. Subject to subd. 3., each county board shall develop and adopt an emergency management plan and program that is compatible with the state plan of emergency management under s. 323.13 (1) (b). 2. Each county bo…

323.15 Heads of emergency management; duties and powers. (1) ONGOING DUTIES. (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 relate…

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 servi…

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…

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. History: 2009 a. 42.

323.19 State official authority to grant variances to statutes and rules for a disaster. (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). (2) The pharmacy examining board may grant a…

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 stat…

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…

323.25 Personnel restrictions. (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 an…

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 administra…

323.265 Suspension of certain deadlines and training requirements during a public health emergency. (1) DEFINITIONS. In this section: (a) “Agency” means any office, department, agency, institution of higher education, association, society, or other body in state government create…

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 o…

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 $…

323.29 Statewide public safety interoperable communication system. (1) DEFINITIONS. (a) “Council” means the interoperability council created under s. 15.315 (1) (a). (am) “Department” means the department of military affairs. (b) “Dispatch center” has the meaning given for “publi…

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 emplo…

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 limite…

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 declare…

323.2915 State civil service grievance procedures. SUBCHAPTER III DISASTER ASSISTANCE PROGRAMS 323.30 Federal disaster assistance. Cross-reference: See also WEM, Wis. adm. code. SUBCHAPTER I GENERAL PROVISIONS

323.30 Federal disaster assistance. (1) The adjutant general shall make payments from the appropriation under s. 20.465 (3) (e) to pay this state’s share of grants to individuals and to provide a share of any required state share of contributions to local governments, as defined …

323.31 State disaster assistance. From the appropriations under s. 20.465 (3) (b) and (s), the adjutant general shall make payments to retail electric cooperatives, as defined in s. 16.957 (1) (t), to local governmental units, as defined in s. 19.42 (7u), and to federally recogni…

323.40 Responsibility for worker’s compensation. (1) EMPLOYEES OF LOCAL UNIT OF GOVERNMENT. An employee of a local unit of government’s emergency management program is an employee of that local unit of government for worker’s compensation under ch. 102 unless the responsibility t…

323.41 Liability of state or local unit of government. (1) EMPLOYEE OF LOCAL UNIT OF GOVERNMENT. An employee of a local unit of government’s emergency management program is an employee of that local unit of government under ss. 893.80, 895.35, and 895.46 for purposes of any claim…

323.42 Reimbursement of local units of government. (1) In any calendar year, if the amount the local unit of government is liable for under ss. 323.40 and 323.41 plus losses incurred under s. 323.43 exceed $1 per capita of the local unit of government’s population, the state shal…

323.43 Bearing of losses. Subject to s. 323.42, any loss arising from the damage to or destruction of government-owned equipment utilized in any authorized emergency management activity shall be borne by the owner of the equipment. History: 2009 a. 42 s. 116; Stats. 2009 s. 323.4…

323.44 Public shelters. (1) Any person owning or controlling real property who voluntarily and without compensation permits the state or any of its political subdivisions to inspect, designate, and use the whole or any part of the real property for the purpose of sheltering perso…

323.45 Providers of equipment and other items. (1) Except as provided in subs. (2) and (4), no person who provides equipment, materials, facilities, labor, or services is liable for the death of or injury to any person or damage to any property caused by his or her actions if the…

323.50 Definitions. In this subchapter: (1) “Interim successor” means a person designated under this subchapter, if the officer is unavailable as the result of enemy action, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and…

323.51 Emergency seat of state government. 323.51(1)(1) Designation and use of a temporary location by the governor. Whenever, as the result of a disaster or the imminent threat of a disaster, it becomes imprudent, inexpedient or impossible to conduct the affairs of state governm…

323.52 Temporary locations of government for local units of government. (1) DESIGNATION OF TEMPORARY LOCATIONS. Whenever during a state of emergency it becomes imprudent, inexpedient, or impossible to conduct the affairs of local government at the regular or usual place, the gove…

323.53 Succession to office; state officers. (1) EMERGENCY INTERIM SUCCESSORS TO OFFICE OF GOVERNOR. If, during a state of emergency resulting from enemy action, the governor is unavailable and the lieutenant governor and the secretary of state are unavailable, the attorney gener…

323.54 Succession to office; local officers. (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 f…

323.55 Interim successors. 323.55(1)(1) Status and qualifications of designees. No person may be designated or serve as an interim successor under this subchapter unless he or she is eligible under the constitution and statutes to hold the office to which powers and duties he or …

323.60 Hazardous substances information and emergency planning. (1) DEFINITIONS. In this subchapter: (b) “Committee” means a local emergency planning committee created under s. 59.54 (8) (a). (c) “Facility” means the buildings and contiguous area of a single location which is own…

323.61 Emergency planning grants. (1) GENERAL. (a) There is created an emergency planning grant program for the purpose of assisting committees to comply with the requirements of s. 323.60 and the federal act. (b) Any committee may apply annually to the division for an emergency …

323.62 Mobile field force grants. From the appropriation under s. 20.465 (3) (dm), the division may award grants to Wisconsin law enforcement agencies, as defined in s. 165.77 (1) (c), to fund crowd-control training and equipment used for crowd control. History: 2017 a. 59.

323.63 Pre-disaster flood resilience grant program. (1) DEFINITIONS. In this section: (a) “Assessment grant” means a grant awarded under sub. (3). (b) “Implementation grant” means a grant awarded under sub. (4). (c) “Local governmental unit” means any city, village, town, county,…

323.70 Hazardous substance emergency response. (1) In this subchapter: (a) “Hazardous substance” has the meaning given in s. 299.01 (6). (b) “Local agency” means an agency of a county, city, village, or town, including a municipal police or fire department, a municipal health org…

323.71 Local agency response and reimbursement. (1) A person who possesses or controls a hazardous substance that is released or who causes the release of a hazardous substance shall take the actions necessary to protect public health and safety and prevent damage to property. (2…

323.72 Urban search and rescue emergency response. (1) An urban search and rescue task force designated by the division shall assist at the direction of the division in an emergency response involving search, rescue, and recovery in the technical rescue disciplines, including str…

323.80 Emergency management assistance compact. The following compact, by and between the state of Wisconsin and all other states that enter into the compact, is ratified and approved: EMERGENCY MANAGEMENT ASSISTANCE COMPACT (1) ARTICLE I — PURPOSE AND AUTHORITIES. (a) This compa…

323.81 State and province emergency management assistance compact. The following compact, by and between the state of Wisconsin and all other jurisdictions that enter into the compact, is ratified and approved: (1) ARTICLE I — PURPOSE AND AUTHORITIES. (a) The State and Province E…