reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Justice › Chapter Jus 19 - Frequent Sobriety Testing Pilot Program › Section Jus 19.11 - Compliance and sanctions

Current through June 24, 2024
(1) ENROLLMENT. The
			 court, department of corrections, or district attorney's office shall inform
			 the agency when a participant is ordered to participate in the program as a
			 pretrial or postconviction condition, or agrees to participate in the program
			 under a deferred prosecution agreement. A new participant shall contact the
			 agency, within a time specified by the court, department of corrections, or
			 district attorney, to enroll in the program. Enrollment commences when the
			 participant signs the participation agreement and consent form as provided in
			 s. Jus 19.04(1) to (3). If the participant fails to enroll, the agency shall
			 notify the court, the department of corrections, or the district attorney,
			 according to whether program participation is a pretrial, postconviction, or
			 deferred prosecution condition. A court may issue a bench warrant directing law
			 enforcement to take the participant into custody and ordering the participant
			 to appear before the court. Volunteers may enroll by contacting a testing
			 site.
(2) FAILING A TEST.
(a) A test that reveals the presence of
			 alcohol or a controlled substance is a violation of the participation agreement
			 and shall result in a sanction.
(b)
			 If a test reveals the presence of alcohol or a controlled substance, the agency
			 may conduct a confirmation test.
(c) If a test reveals the presence of alcohol
			 or a controlled substance, the agency may take the participant into custody for
			 a violation of the participation agreement.
(d) According to whether program
			 participation is a pretrial, postconviction, or deferred prosecution condition,
			 the agency shall immediately notify the court, the department of corrections,
			 or the district attorney that the participant has violated the participation
			 agreement by failing a test.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 19 - Frequent Sobriety Testing Pilot Program › Section Jus 19.12 - Fees

Current through June 24, 2024
(1)
(a)
			 Except as provided in par. (b), the agency shall collect program fees from
			 participants, including administrative fees, testing or daily monitoring fees
			 according to test type, and installation and deactivation fees for remote
			 transdermal alcohol monitoring devices.
(b) According to whether program
			 participation is a pretrial, postconviction, or deferred prosecution condition,
			 the court, the department of corrections, or the district attorney may
			 recommend a reduction or waiver of fees for a participant. However, the agency
			 shall make the final determination on a fee reduction or waiver. The agency may
			 decline to enroll a person in the program if any fees were reduced or waived
			 without the agency's consent. An agency that agrees to reduce or waive a fee
			 shall, in making payments to the department under s. Jus 19.05(5), remit to the
			 department the amount it would have remitted without the reduction or
			 waiver.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 19 - Frequent Sobriety Testing Pilot Program › Section Jus 19.13 - Reporting requirements and data collection system

Current through June 24, 2024
(1) An agency shall
			 use the data collection system designated by the department to track
			 participant information, to record testing data, and to monitor fees
			 collected.
(2) The agency shall
			 enter all of the following information about a participant into the data
			 collection system:
(a) Enrollment
			 information.
(b) Demographic
			 information.
(c) Type, frequency,
			 and duration of program participation.
(d) Compliance with enrollment
			 procedures.
(e) Execution of
			 participation agreement and consent form.
(f) Testing results.
(g) Discharge information.
(h) Fees and other money due and
			 collected.
(i) Additional
			 information requested by the department.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 19 - Frequent Sobriety Testing Pilot Program › Section Jus 19.14 - Reimbursement for lost or damaged equipment

Current through June 24, 2024
(1) A participant
			 who loses or intentionally damages any testing equipment shall reimburse the
			 agency for the lost or damaged equipment.
(2) Any amount owed by the participant as
			 reimbursement for lost or damaged equipment shall be assessed to the
			 participant and paid to the participating county's frequent sobriety testing
			 pilot program fund.
(3) The agency
			 shall report any failure by a participant to pay an assessed reimbursement to
			 the court, or the department of corrections, or the district attorney,
			 according to whether program participation is a pretrial, postconviction, or
			 deferred prosecution condition. A participant who fails to pay the
			 reimbursement may be taken into custody or a court may issue an arrest warrant
			 for the participant.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 19 - Frequent Sobriety Testing Pilot Program › Section Jus 19.15 - Discharge from the program

Current through June 24, 2024
(1) A participant
			 shall be discharged from the program when any of the following occurs:
(a) The participant has successfully
			 completed the program.
(b) The
			 participant is terminated from the program by the court, the department of
			 corrections, or the district attorney, according to whether program
			 participation is a pretrial, postconviction, or deferred prosecution condition,
			 due to the participant's violation of program requirements.
(c) The participant is administratively
			 discharged from the program because the court, the department of corrections,
			 or the district attorney, according to whether program participation is a
			 pretrial, postconviction, or deferred prosecution condition, has determined
			 that the participant is no longer required to participate in the program or the
			 participant is unable to continue program participation.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 19 - Frequent Sobriety Testing Pilot Program › Section Jus 19.16 - Repeat participant

Current through June 24, 2024
The court, department of corrections, or district attorney,
				with concurrence of the agency, may authorize a participant to participate in
				the program no more than 2 additional times after the participant has been
				discharged from the program.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 20 - Storage And Processing Of Sexual Assault Kits › Section Jus 20.02 - Definitions

Current through June 24, 2024
In this chapter:
(1) "
			 Health care professional" has the meaning given in s.
			 165.775(1) (b),
			 Stats.
(2) " Reporting victim"
			 means a person who reports to a law enforcement agency that he or she was
			 sexually assaulted.
(3) " Sexual
			 assault forensic examination" has the meaning given in s.
			 165.775(1) (d),
			 Stats.
(4) " Sexual assault kit"
			 has the meaning given in s.
			 165.775(1) (e),
			 Stats.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 20 - Storage And Processing Of Sexual Assault Kits › Section Jus 20.03 - Health care professional procedures

Current through June 24, 2024
A health care professional shall:
(1) Except as provided in sub. (2), after
			 conducting a sexual assault forensic examination where a sexual assault kit is
			 collected, notify the law enforcement agency in the jurisdiction where the
			 examination occurred within 24 hours after collection of the kit.
(2) When a victim chooses not to report a
			 sexual assault to a law enforcement agency, send a collected sexual assault kit
			 to the state crime laboratories for storage within 72 hours after collection of
			 the kit.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 20 - Storage And Processing Of Sexual Assault Kits › Section Jus 20.04 - Law enforcement agency procedures

Current through June 24, 2024
A law enforcement agency shall:
(1) Upon being notified by a health care
			 professional of the collection of a sexual assault kit, take possession of the
			 kit within 72 hours.
(2) Upon
			 taking possession of a sexual assault kit under sub. (1), send the kit to the
			 state crime laboratories for processing within 14 days.
(3) When, after taking possession of a
			 reporting victim's sexual assault kit from a health care professional, but
			 before submitting the kit to the state crime laboratories for processing, the
			 reporting victim notifies the law enforcement agency that the victim does not
			 want to proceed with the analysis of the kit, submit the kit within 14 days to
			 the state crime laboratories for storage.
(4) Notify the state crime laboratories
			 whenever a victim, after having first chosen not to report a sexual assault as
			 provided in s. Jus 20.03 (2) or notified the law enforcement agency that the
			 victim does not want to proceed with analysis of the kit as provided in sub.
			 (3), notifies the law enforcement agency that the victim does want to proceed
			 with analysis of the kit.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 20 - Storage And Processing Of Sexual Assault Kits › Section Jus 20.05 - State crime laboratories procedures

Current through June 24, 2024
The state crime laboratories shall:
(1) Process sexual assault kits from a
			 reporting victim that are submitted by law enforcement agencies.
(2) Return processed sexual assault kits to
			 the submitting law enforcement agency after processing.
(3) Securely store submitted sexual assault
			 kits from victims who have chosen not to report the sexual assault to a law
			 enforcement agency for 10 years from the date that the sexual assault forensic
			 examination occurred.
(4) If, after
			 10 years from the date that the sexual assault forensic examination occurred, a
			 law enforcement agency does not notify the state crime laboratories of a report
			 of a sexual assault as provided in s. Jus 20.04 (4), destroy the sexual assault
			 kit.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 21 - Tracking Of Sexual Assault Kits In Sexual Assault Case › Section Jus 21.01 - Authority and purpose

Current through June 24, 2024
The Wisconsin Department of Justice has promulgated these
				rules pursuant to the authority granted by s.
				165.776 (4),
				Stats., to further the purpose of providing victims of sexual assault access to
				information about the status of any sexual assault kit the victim has provided,
				as required by s. 165.776 (2),
				Stats.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 21 - Tracking Of Sexual Assault Kits In Sexual Assault Case › Section Jus 21.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Health care professional" has the meaning given in s.
			 165.775 (1)
			 (b), Stats.
(2) "Reporting victim" means a person who
			 reports to a law enforcement agency that he or she was sexually
			 assaulted.
(3) "Sexual assault kit"
			 has the meaning given in s.
			 165.775 (1)
			 (e), Stats.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 21 - Tracking Of Sexual Assault Kits In Sexual Assault Case › Section Jus 21.04 - Law enforcement agency procedures

Current through June 24, 2024
A law enforcement agency shall:
(1) Upon taking possession of a sexual
			 assault kit for a reporting victim from a health care professional in
			 Wisconsin, enter the information for the kit in the required fields defined by
			 the Wisconsin Sexual Assault Kit Tracking System.
(2) Upon taking possession of a sexual
			 assault kit for a reporting victim from a health care professional who
			 collected it outside of Wisconsin, notify the state crime laboratories for
			 assistance.
(3) When, after taking
			 possession of a sexual assault kit from a health care professional in
			 Wisconsin, but before submitting it to the state crime laboratories for
			 processing, the reporting victim notifies the law enforcement agency that the
			 victim does not want to proceed with analysis of the kit, notify the state
			 crime laboratories of these facts to assist the state crime laboratories in
			 updating the information for the kit in the required fields defined by the
			 Wisconsin Sexual Assault Kit Tracking System.
(4) Notify the state crime laboratories
			 whenever a victim, after having first chosen not to report a sexual assault as
			 provided in s.
			 Jus 20.03
			 (2) or notified the law enforcement agency
			 that the victim does not want to proceed with analysis of the kit as provided
			 in sub. (3), notifies the law enforcement agency that the victim does want to
			 proceed with analysis of the kit to allow the state crime laboratories to
			 update the information for the kit in the required fields defined by the
			 Wisconsin Sexual Assault Kit Tracking System.
(5) Upon receiving a victim's sexual assault
			 kit from the state crime laboratories after it has been processed, enter the
			 information for the kit in the required fields defined by the Wisconsin Sexual
			 Assault Kit Tracking System.
Wisconsin Administrative Code › Department of Justice › Chapter Jus 21 - Tracking Of Sexual Assault Kits In Sexual Assault Case › Section Jus 21.05 - State crime laboratories procedures

Current through June 24, 2024
The state crime laboratories shall enter the information for a
				sexual assault kit in the required fields defined by the Wisconsin Sexual
				Assault Kit Tracking System in all of the following circumstances:
(1) Upon taking possession of a sexual
			 assault kit from a victim submitted by a Wisconsin law enforcement
			 agency.
(2) Upon taking possession
			 of a sexual assault kit collected from a victim and submitted by a health care
			 professional in Wisconsin.
(3)
			 After processing is complete for a sexual assault kit from a reporting victim
			 and the kit is ready to be returned to the submitting law enforcement agency as
			 required under s.
			 Jus 20.05
			 (2).
(4) When a sexual assault kit from victim is
			 destroyed by the state crime laboratories after the 10-year storage period
			 provided in s. 165.775 (4)
			 (a), Stats.
Wisconsin Administrative Code › Department of Military Affairs › Chapter DMA 1 - Military Family Financial Aid › Section DMA 1.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Aid" means military family financial aid.
(2) "Eligible applicant" means an individual
			 who meets the requirements of s.
			 321.45(1) (a) or (1) (b), Stats.
(3) "Department" means the Wisconsin
			 department of military affairs.
(4)
			 "Disaster" has the meaning given in s.
			 323.02(6),
			 Stats.
(5) "Financial emergency"
			 means an unexpected financial liability, the satisfaction of which would cause
			 a significant hardship.
(6) "Fund"
			 has the meaning given in s.
			 25.38, Stats.
(7) "Immediate family" has the meaning given
			 in s. 321.45(1) (a),
			 Stats.
(8) "Medical emergency"
			 means unexpected medical or dental treatment, not covered by insurance and for
			 which the applicant is financially liable, required to preserve the life or
			 limb of the applicant or dependant.
(9) "Service member" has the meaning given in
			 s. 321.45(1) (b),
			 Stats.
Wisconsin Administrative Code › Department of Military Affairs › Chapter DMA 1 - Military Family Financial Aid › Section DMA 1.03 - Aid parameters

Current through June 24, 2024
(1) GENERAL. Aid will not be granted in an
			 amount less than $100. The specific amount of aid will be determined by the
			 level of need of the applicant, but will not exceed $2,500 per applicant in a
			 12 month period.
(2) EXCEPTIONS.
			 Notwithstanding sub.
(1), the adjutant
			 general may approve requests for aid outside the general parameters in the
			 event of extenuating circumstances experienced by the applicant.
Wisconsin Administrative Code › Department of Military Affairs › Chapter DMA 1 - Military Family Financial Aid › Section DMA 1.04 - Eligibility criteria

Current through June 24, 2024
(1) APPLICANT ELIGIBILITY. The department may
			 make payments under this chapter if all of the following are met:
(a) The applicant is an individual who meets
			 the requirements of s.
			 321.45(1) (a) or (1) (b), Stats.
(b) The applicant is experiencing a financial
			 emergency that is not otherwise covered by insurance or reimbursement from
			 other sources.
(c) The financial
			 need is beyond the means of the applicant at the time of the
			 application.
Wisconsin Administrative Code › Department of Military Affairs › Chapter DMA 1 - Military Family Financial Aid › Section DMA 1.05 - Application process

Current through June 24, 2024
(1) The department shall prepare application
			 materials containing application instructions and eligibility criteria
			 identified in s.      DMA 1.04.
(2) A complete application will include the
			 information necessary for the department to make a determination under s.
			      DMA 1.03.
(3)
			 Upon receipt of an application the department will notify the applicant of
			 receipt of the application. If the application is sufficient to make a positive
			 determination of aid the department will advise the applicant of such. If the
			 application is insufficient to make a positive determination, or if the
			 application would result in a denial of aid, the department will advise the
			 applicant of the deficiencies to give the applicant an opportunity to amend or
			 correct the application.
(4) The
			 failure of the applicant to provide the requested information will be cause for
			 denial of the application.
Wisconsin Administrative Code › Department of Military Affairs › Chapter DMA 2 - Competitive Grants For Public Safety Answering Points › Section DMA 2.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Basic training" means the minimum level of training for a telecommunicator who
			 performs 911 call taking or emergency services dispatching.
(2) "Department" means the department of
			 military affairs.
(3) "Designated
			 public safety answering point" means a public safety answering point identified
			 pursuant to s. DMA 2.03 as the one public safety answering point in a given
			 county that is eligible to receive grants under this chapter.
(4) "Emergency services" includes public or
			 private organizations that provide law enforcement, emergency medical, or
			 firefighting services and that at the request of a public safety answering
			 point or dispatch center respond to and manage emergencies, calls for service,
			 or critical incidents when they occur.
(5) "Equipment and software expenses" means
			 the expenses incurred to purchase and maintain technology and data required for
			 a public safety answering point and telecommunicator to communicate, locate,
			 and dispatch emergency services to a 911 caller.
(6) "First class cities" are those cities
			 that meet the criteria set forth in s. 62.05, Stats.
(7) "Grant period" means the period of time,
			 as established by the department, in which grant funds can be spent by a public
			 safety answering point.
(8)
			 "Grants" means competitive public safety answering point grants authorized by
			 s. 256.35(3s) (bm), Stats.
(9)
			 "Next Generation 911" has the meaning given in s. 256.35(3s) (a) 3,
			 Stats.
(10) "911 subcommittee"
			 means the 911 subcommittee created in s. 15.315(2), Stats.
(11) "Public safety answering point" has the
			 meaning given in s. 256.35(1) (gm), Stats.
(12) "Telecommunicator" means an emergency
			 response coordination professional trained to receive, assess, and prioritize
			 requests for emergency assistance.
Wisconsin Administrative Code › Department of Military Affairs › Chapter DMA 2 - Competitive Grants For Public Safety Answering Points › Section DMA 2.04 - Minimum training and service standards

Current through June 24, 2024
(1) This
			 section establishes minimum training and service standards that designated
			 public safety answering points must meet in order to be eligible to apply for
			 grants.
(2) The designated public
			 safety answering point shall establish and implement a basic training program
			 that provides at least 40 hours of training to a telecommunicator by utilizing
			 a commercially available program or a self-developed training
			 program.
(3) The basic training
			 program established under sub. (2) shall provide instruction to a
			 telecommunicator in all of the following areas:
(a) The general knowledge and awareness of
			 the geography, population, and demographic served, including emergency services
			 agencies and their jurisdictions.
(b) The incident command system, national
			 incident management system, interoperable communications plans, and emergency
			 operations plans.
(c) The
			 procedures for accurately processing and relaying caller information in
			 accordance with established public safety answering point procedures, obtaining
			 complete caller information, properly classifying and prioritizing requests for
			 emergency services, and processing available caller information to identify
			 conditions that may affect safety.
(d) The appropriate use of emergency services
			 terminology and the ability to communicate clearly in written and oral form,
			 especially when relaying emergency information to emergency services or
			 communicating with the public requesting emergency assistance.
(e) The procedures to operate and respond to
			 emergency alerts.
(f) The
			 certifications required to operate computer applications and databases
			 necessary to perform assigned duties, including radio communication equipment,
			 computer equipment, telecommunication equipment, and computer applications and
			 systems.
(g) The procedures to
			 process and document records and operate records systems.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 1 - Fees › Section WEM 1.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Batch plant" means an operating installation of equipment including batchers
			 and mixers as required by batching and mixing concrete or asphalt
			 materials.
(2) "Committee" has the
			 meaning given in s.
			 323.60(1)
			 (b), Stats.
(3) "Division" means the division of
			 emergency management.
(4)
			 "Emergency planning notification fee statement" means the form prepared by the
			 division for the purpose of collecting the fee under s.
			 WEM
			 1.03, claiming the exemption from the fee under s.
			 WEM
			 1.06, and providing emergency planning notification
			 required under s.
			 323.60(5)
			 (a), Stats.
(5) "Facility" has the meaning given in s.
			 323.60(1)
			 (c), Stats.
(6) "Fee remittance form" means the form
			 prepared by the division for the purpose of collecting the fee under s.
			 WEM
			 1.04.
(7)
			 "Hazardous chemical" has the meaning given in s.
			 323.60(1)
			 (f), Stats.
(8) "Inventory form fee statement" means the
			 form prepared by the division for the purpose of collecting the fee under s.
			 WEM
			 1.04 or claiming exemption from the fee under s.
			 WEM
			 1.07.
(9)
			 "Petroleum marketing facility" means a facility where petroleum products are
			 stored for retail or resale, and received by tank vessels, tank car or tank
			 vehicle, and are stored or blended in bulk for the purpose of distributing such
			 liquids by tank vessel, tank car, tank vehicle, or portable tank, and where
			 petroleum products used as motor fuels are stored and dispensed from fixed
			 equipment into vehicle fuel tanks. Retail applies to all instances of resale as
			 defined in state law. Resale facilities also include every person engaged in
			 the business of making sales to the general public at retail within this
			 state.
(10) "Road de-icing agent"
			 means a substance used alone or in combination with an abrasive material to
			 supplement winter maintenance operations intended to provide adequate traction
			 for pedestrians and vehicles properly equipped for winter driving
			 conditions.
(11) "Site plan" means
			 facility plans which indicate the storage location of hazardous chemicals on
			 the site as required under s.
			 WEM
			 1.04(1).
(12) "Temporary construction facility" means
			 a facility under construction containing more than 50,000 total cubic feet of
			 new structure or 50,000 cubic feet of remodeled structure or additions or a
			 transportation construction project as defined in s.
			 84.013(1),
			 Stats., as well as all sites within the project limits.
A public right-of-way does not separate into 2 or more
				  facilities two or more sites within the project limits.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 1 - Fees › Section WEM 1.03 - Emergency planning notification fee

Current through June 24, 2024
Except as provided in s.
				WEM
				1.06, an owner or operator shall submit a one-time fee
				of $1080 per facility with the one-time emergency planning notification
				required under s.
				323.60(5)
				(a), Stats.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 1 - Fees › Section WEM 1.05 - Surcharge

Current through June 24, 2024
An owner or operator who fails to pay a fee under s.
				WEM
				1.03 or 1.04on or before its due date shall pay a
				surcharge of 20% of the unpaid balance of the fee due.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 1 - Fees › Section WEM 1.06 - Exemptions, emergency planning notification fee

Current through June 24, 2024
A facility is not required to pay a fee under s.
				WEM
				1.03 if any of the following apply:
(1) A facility meets the exemption criteria
			 in s.
			 323.60(7)
			 (d), Stats.
(2) A facility has submitted a planning
			 notification fee under s.
			 323.60(7)
			 (a) 1, Stats.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 1 - Fees › Section WEM 1.07 - Exemptions, inventory form fee

Current through June 24, 2024
A facility is not required to pay a fee under s.
				WEM
				1.04 if any of the following apply:
(1) The facility meets the exemption criteria
			 in s.
			 323.60(7)
			 (d), Stats.
(2) A facility is not required to pay a fee
			 under s.
			 WEM
			 1.04(7) (a) to (h) if it is a
			 temporary construction facility or a batch plant reporting under s. WEM or
			 1.04(3) (4) unless the batch plant chooses to file under s.
			 WEM
			 1.04(1).
(3) The facility is a petroleum marketing
			 facility pursuant to s. 166.20(1) (gm), Stats.
Note
Section 166.20(1) (gm), Stats., was repealed
				by 2009 Wis. Act 42. By the same act, the language of the now repealed s.
				166.20(1) (gm), Stats., was incorporated into the renumbered and amended s.
				323.60(7)
				(dm), Stats.
(4) The facility has sand, gravel or both
			 on-site. If a facility has other hazardous substances present on-site in
			 amounts pursuant to s.
			 323.60,
			 Stats., the sand, gravel or both present does not count in the fee calculation.
			 All other hazardous substances regulated under s.
			 323.60,
			 Stats., shall be included in the calculation of the fee. Whether or not a fee
			 is due, all hazardous substances regulated under s.
			 323.60,
			 Stats., shall be reported.
(5) The
			 facility has calcium chloride, sodium chloride, or calcium magnesium acetate,
			 when used as road de-icing agents. If a facility has other hazardous substances
			 present on-site in amounts pursuant to s.
			 323.60,
			 Stats., the calcium chloride, sodium chloride, or calcium magnesium acetate,
			 when used as road de-icing agents, do not count in the fee calculation. All
			 other hazardous substances regulated under s.
			 323.60,
			 Stats., shall be included in the calculation of the fee. Whether or not a fee
			 is due, all hazardous substances regulated under s.
			 323.60,
			 Stats., shall be reported.
A copy of the inventory form fee statement, Tier Two form,
				  planning notification fee statement, Temporary Construction Facility Emergency
				  Response and Hazardous Chemical Report, Batch Plant Emergency Response and
				  Hazardous Chemical Report, Fee Remittance form, and list of local emergency
				  planning committees may be obtained by contacting the Wisconsin Division of
				  Emergency Management, 2400 Wright Street, Room 212, P.O. Box 7865, Madison,
				  Wisconsin 53707-7865, telephone 608-242-3221.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 2 - Inspection › Section WEM 2.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Committee" has the meaning given in s.
			 323.60(1)
			 (b), Stats.
(2) "Division" means the division of
			 emergency management.
(3) "First
			 responder awareness" means a training course that meets the criteria
			 established in 40 CFR 311 and 29 CFR 1910.120 (q) (6) (i).
(4) "Hazardous chemical" has the meaning
			 given in s.
			 323.60(1)
			 (f), Stats.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 2 - Inspection › Section WEM 2.03 - Experience requirement

Current through June 24, 2024
Individuals who are authorized to conduct inspections relating
				to hazardous chemicals under the authority of another state agency or a local
				government unit shall be deemed to have the experience necessary to conduct
				inspections under s.
				323.60(7m)
				(a), Stats.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 2 - Inspection › Section WEM 2.04 - Training requirements

Current through June 24, 2024
(1) Individuals shall be deemed to have the
			 necessary training to conduct inspections under s.
			 323.60(7m)
			 (a), Stats., who have completed a division
			 approved course in all of the following:
(a)
			 Requirements of s.
			 323.60,
			 Stats., and any implementing rules.
(b) Methods and procedures of conducting
			 inspections.
(c) First responder
			 awareness.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 2 - Inspection › Section WEM 2.05 - Authorization of inspectors

Current through June 24, 2024
(1) The division or
			 a committee may authorize an individual to conduct inspections who meets the
			 requirements of s.
			 WEM 2.03
			 or
			 2.04 and passes a written test given by
			 the division.
(2) Only individuals
			 who provide documentation that they meet the requirements of this section may
			 be authorized to conduct inspections under s.
			 323.60(7m)
			 (a), Stats.
(3) The division and each committee shall
			 authorize at least one individual to conduct inspections by one year from June
			 1, 1991. A committee may designate an inspector authorized by the division as
			 its authorized inspector.
(4) The
			 committee shall provide the division with the name and proof of qualification
			 of any individual that the committee has authorized to conduct
			 inspections.
(5) The division shall
			 at least annually publish a list of individuals who have been authorized by
			 either the division or a committee to conduct inspections.
(6) An individual may be authorized to
			 conduct inspections for a period of 2 years from the date of authorization. The
			 authorization may be renewed for 2 year periods at the discretion of the
			 division or committee.
(7) At its
			 discretion, the division or committee may terminate at any time the
			 authorization of an individual to conduct inspections on its behalf.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 3 - Toxic chemical inventory reports by private and public agencies › Section WEM 3.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to define reporting requirements
				for submission of toxic chemical inventory reports by private agencies and
				public agencies as required by s.
				323.60(5)
				(d) to (f), Stats.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 3 - Toxic chemical inventory reports by private and public agencies › Section WEM 3.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Division" means the division of emergency management.
(2) "EPA" means the United States
			 environmental protection agency
(3)
			 "Facility" has the meaning given in s.
			 323.60(1)
			 (c), Stats.
(4) "Full time employee" means 2,000 hours
			 per year of full-time equivalent employment.
(5) "Import" means to cause a chemical to be
			 imported into the customs territory of the United States. For purposes of this
			 definition, "to cause" means to intend that the chemical be imported and to
			 control the identity of the imported chemical and the amount to be
			 imported.
(6) "Manufacture" means
			 any of the following:
(a) To produce, prepare,
			 import or compound a toxic chemical.
(b) To produce a toxic chemical
			 coincidentally during the manufacture, processing, use, or disposal of another
			 chemical or mixture of chemicals, including a toxic chemical that is separated
			 from that other chemical or mixture of chemicals as a by-product, and toxic
			 chemical that remains in that other chemical or mixture of chemicals as an
			 impurity.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 3 - Toxic chemical inventory reports by private and public agencies › Section WEM 3.03 - Toxic chemical release reporting covered facilities

Current through June 24, 2024
A facility owned or operated by a private agency or a public
				agency shall submit toxic chemical release inventory reporting forms as
				required by s.
				323.60(5)
				(d), Stats., if the following apply:
(1) The facility has 10 or more full-time
			 employees.
Note: A facility shall calculate the number of full-time
				employees by totalling the hours worked during the calendar year by all
				employees, including contract employees, and dividing that total by 2,000
				hours.
(2) The facility
			 manufactured, imported, processed, or otherwise used a toxic chemical in excess
			 of an applicable threshold quantity of that chemical as established in s.
			 WEM
			 3.04.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 3 - Toxic chemical inventory reports by private and public agencies › Section WEM 3.04 - Threshold amounts

Current through June 24, 2024
The threshold amounts for the purpose of reporting under s.
				323.60(5)
				(d), Stats., for toxic chemicals are one or
				both of the following:
(1) 25,000
			 pounds of the chemical manufactured, imported, or processed at the facility for
			 the year
(2) 10,000 pounds of the
			 chemical otherwise used at the facility during the year.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 3 - Toxic chemical inventory reports by private and public agencies › Section WEM 3.05 - Toxic chemical release reporting requirements and schedule for reporting

Current through June 24, 2024
(1) For each toxic chemical known by the
			 owner or operator to be manufactured, imported, processed or otherwise used in
			 excess of an applicable threshold quantity under s.
			 WEM 3.04 at its
			 covered facility described under s.
			 WEM
			 3.03 for a calendar year, the owner or operator shall
			 submit to the department of natural resources, office of technical services a
			 completed EPA Form R and shall comply with all requirements of 40 CFR Part 372
			 - Toxic Chemical Release Reporting; Community Right-To-Know.
(2) Each report under this section for
			 activities involving a toxic chemical that occurred during a calendar year at a
			 covered facility shall be submitted on or before July 1 of the next
			 year.
A copy of the EPA Form R - Toxic Chemical Inventory Reporting
				  Form may be obtained at no charge by contacting the Department of Natural
				  Resources, Office of Technical Services, P.O. Box 7921, 101 South Webster
				  Street, Madison, Wisconsin 53707, telephone (608) 266-9255. Completed copies of
				  Form R are submitted to the Department of Natural Resources, Office of
				  Technical Services, P.O. Box 7921, 101 South Webster Street, Madison, Wisconsin
				  53707.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 3 - Toxic chemical inventory reports by private and public agencies › Section WEM 3.06 - Exemptions

Current through June 24, 2024
Exemptions established under
				40
				CFR 372.38 shall apply to this chapter with
				the exception of the exemption for activities in laboratories under
				40
				CFR
				372.38(d).
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 3 - Toxic chemical inventory reports by private and public agencies › Section WEM 3.07 - Trade secrets

Current through June 24, 2024
For the purpose of applying s.
				323.60(5)
				(e), Stats., to public agencies and private
				agencies, procedures established for trade secrets claims by EPA in 40 CFR Part
				350 Trade Secrecy Claims for Emergency Planning and Community Right-To-Know
				Information and Trade Secret Disclosures to Health Professions shall be
				effective. The division shall have the powers and duties granted to the
				administrator of the EPA under
				42
				USC 11042.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 5 - Computer grant › Section WEM 5.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Committee" has the meaning given in s.
			 323.60(1)
			 (b), Stats.
(2) "Division" means the division of
			 emergency management.
(3) "Grant
			 period" is a 12 month time frame as established by the division.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 5 - Computer grant › Section WEM 5.04 - Procedures

Current through June 24, 2024
(1) The division shall establish specific
			 grant procedures to implement this section and shall make the procedures
			 available annually to the committees.
(2) The grant procedures shall define in-kind
			 match.
(3) Committees may amend
			 grant applications as prescribed by the division.
(4) The grant application and reimbursement
			 request due dates shall be established by the division.
(5) The grant application and reimbursement
			 request must be approved by the committee prior to submission to the
			 division.
(6) Records concerning
			 the grant program, including documentation of expenditures, shall be maintained
			 and available for audit purposes according to state and federal
			 requirements.
(7) The computer
			 equipment grant may be combined with any other committee grant administered by
			 the division.
The grant procedures shall be distributed by the division to
				  the committees along with the grant application materials.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 5 - Computer grant › Section WEM 5.05 - Eligible costs

Current through June 24, 2024
(1) A committee may receive a computer grant
			 under this chapter for the purchase of computer equipment to be used for
			 specific use within the county emergency management program to comply with ss.
			 323.60
			 and
			 323.61,
			 Stats., 42 USC 11001-11050, 49 CFR 110, and other hazardous materials planning
			 requirements that may be required by federal or state law.
Note:
				42
				USC 11001-
				11050
				refers to Title III of the Superfund Amendments and Reauthorization Act. 49 CFR
				110 refers to Hazardous Materials Public Sector Training and Planning
				Grants.
(2) Computer grants
			 under this chapter shall be based on a 4 year grant cycle which shall begin
			 with the 1996 grant year. For one year of the 4 year grant cycle, up to a
			 maximum of $6,000 of the cost of computer equipment shall be eligible for
			 reimbursement. For each of the remaining 3 years of the 4 year grant cycle, up
			 to a maximum of $2,000 of the cost of computer equipment shall be eligible for
			 reimbursement.
(3) Computer
			 equipment must be purchased during the grant period to be eligible for
			 reimbursement from the annual computer grant, for that grant period. Equipment
			 purchased during a specific grant period can only be reimbursed from the grant
			 covering that specific period.
(4)
			 The division shall determine what computer equipment will be eligible during a
			 grant period and shall include this information with the grant
			 application.
(5) The percentage
			 cost of computer equipment which shall be eligible during a grant period is as
			 specified in s.
			 323.61(2)
			 (br), Stats.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 5 - Computer grant › Section WEM 5.06 - Ineligible costs

Current through June 24, 2024
The division shall not make a grant for any of the
				following:
(1) Undocumented
			 costs.
(2) Costs for any computer
			 equipment charged against any other state grant.
(3) Computer equipment costs for which any
			 other gifts or grants have been received by the committee in an amount greater
			 than the statutory eligible percentage of the cost of the equipment.
(4) Other costs determined ineligible by the
			 division.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 6 - Response and reimbursement procedures for regional and local emergency response teams (Repealed) › Section WEM 6.13 - Appeal process (Repealed)

Current through June 24, 2024
A claim for reimbursement form, DMA Form 96 (4/97), an
				  expedited reimbursement claim form, DMA Form 59 (4/97) and a Hazardous
				  Materials Incident Response Matrix, DMA Form 1060, can be obtained by
				  contacting the Hazardous Materials Safety/Transportation Coordinator, Wisconsin
				  Emergency Management, 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI
				  53707-7865, telephone 608-242-3228. The completed reimbursement claim,
				  Hazardous Materials Incident Response Matrix, and supporting documentations
				  shall be mailed to the Hazardous Materials Safety/Transportation coordinator,
				  Wisconsin Emergency Management, 2400 Wright Street, Room 213, P.O. Box 7865,
				  Madison, WI 53707-7865.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 7 - Disaster Fund Rule › Section WEM 7.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Administrator" means the administrator of the Wisconsin division of emergency
			 management.
(2) "Applicant" means a
			 local governmental unit that applies for major disaster assistance funding
			 under this chapter.
(3)
			 "Applicant's authorized representative" means a person authorized by the
			 governing body of a local governmental unit to apply for major disaster
			 assistance funding under this chapter.
(4) "County" means the county or counties
			 where a major catastrophe has occurred.
(5) "Department" means the Wisconsin
			 department of military affairs.
(6)
			 "Disaster declaration" means a document by which an authorized official or the
			 governing body of a local governmental unit or the State declares a
			 disaster.
(7) "Division" means the
			 Wisconsin division of emergency management.
(8) "Incident period" means the definite time
			 interval of a major catastrophe with a specific start and end date.
(9) "Local governmental unit" has the meaning
			 given in s.
			 19.42(7u),
			 Stats., and also includes a tribe or band.
(10) "Major catastrophe" has the meaning
			 given in s. 166.02(6u), Stats.
Note: Section 166.02(6u), Stats., was repealed by 2009 Wis. Act
				42.
(11) "Public assistance
			 costs" are those costs incurred by a local governmental unit as a direct result
			 of a disaster.
(12) "State" means
			 the state of Wisconsin.
(13) "Tribe
			 or band" has the meaning given in s.
			 66.0314(1)
			 (fe), Stats.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 7 - Disaster Fund Rule › Section WEM 7.03 - Eligibility criteria

Current through June 24, 2024
(1) The division may make payments to eligible local governmental units
								 under this chapter upon receipt and consideration of an application if the administrator determines all of
								 the following:
(a) The local governmental unit has suffered a major
								 catastrophe.
(c) The damages suffered and eligible costs incurred
								 are the direct result of a major catastrophe.
(d) Federal
								 disaster assistance is not available for that major catastrophe because the governor's request that the
								 president declare the catastrophe a major disaster under  42 USC 5170  has been denied or where no federal
								 assistance is requested because the major catastrophe does not meet the statewide or countywide per capita
								 impact indicator under the public assistance program guidelines issued by the federal emergency management
								 agency.
(e) At least one local governmental unit within the
								 county or a tribal governmental unit has incurred public assistance costs that equal or exceed the countywide
								 per capita impact indicator under the public assistance program guidelines issued by the federal emergency
								 management agency. Only local units of government that reach this threshold will be eligible for
								 assistance.
(f) The local governmental unit will contribute at
								 least 30% of the total amount of eligible costs incurred from the major catastrophe from other funding
								 sources.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 7 - Disaster Fund Rule › Section WEM 7.04 - Application process

Current through June 24, 2024
(1) The division shall prepare application
			 materials which may be updated as needed. The application materials shall set
			 forth the application instructions and requirements for funding under this
			 chapter.
(2) Within 30 days after
			 the end of the incident period, a county, on behalf of eligible local units
			 within the county or a tribal governmental unit, shall provide the
			 administrator with a written notice of intent to apply. A late notice of intent
			 may be cause for the denial of the application.
(3) Within 60 days after the end of the
			 incident period of the major disaster, the county or a tribal governmental unit
			 shall submit an Application for Wisconsin Disaster Assistance to the
			 administrator. A complete application shall include the following:
(a) The cause, the location of damage, a list
			 of the affected local governmental units within the county and the incident
			 period of the major catastrophe.
(b) Documentation of a local, tribal, county
			 or state disaster or emergency declaration in response to the major
			 catastrophe.
(c) A description of
			 damages and the amount of eligible costs incurred by the eligible local
			 governmental units and the population of each unit.
(d) A statement or evidence that the local
			 governmental unit has matching funds to cover at least 30% of the total of
			 eligible costs incurred from the major catastrophe.
Wisconsin Administrative Code › Department of Military Affairs [Emergency Management] › Chapter WEM 7 - Disaster Fund Rule › Section WEM 7.05 - Eligible and ineligible costs

Current through June 24, 2024
(1) Costs eligible
			 for payment under this chapter are those that are a direct result of the
			 disaster and are incurred during the designated incident period. Eligible costs
			 are:
(a) Debris removal to include woody
			 debris, building wreckage, dirt, gravel, vehicles and other disaster related
			 materials.
(b) Emergency protective
			 measures to eliminate or reduce immediate threats to life, public health or
			 safety or a hazard that threatens significant damage to improved public or
			 private property.
(c) Damage to
			 roads and bridges to include surfaces, bases, shoulders, ditches, drainage
			 structures, piers, girders, abutments, slope protection and
			 approaches.