1. All sources of local share donation shall be indicated when the application and supporting documentation is submitted.

2. The maximum value of donated, non-professional labor shall be equal to the prevailing federal minimum wage requirements.

3. The value of donated equipment may not exceed the Wisconsin department of transportation highway rates equipment.

4. The value of donated materials and professional services shall conform to market rates and be established by invoice.

(3) AUDIT. (a) The applicant shall account for all funds received and paid under this chapter in conformance with generally accepted accounting principles and practices. The applicant shall maintain detailed records of expenditures to show that fund payments were used for the purpose for which the payment was made. The applicant shall keep all financial records, including all invoices and canceled checks or bank statements that support all eligible costs claimed by the applicant, and the records shall be available for inspection by the department for 5 years after the final payment.

(b) The department may audit all of the applicant's records pertaining to this application. The department's audit may result in an adjustment in the payment amount.

(4) PAYMENT. The applicant shall submit to the administrator claims for payment of actual and eligible costs on forms provided by the department. All eligible costs claimed for payment shall be documented and shall be consistent with the eligibility provisions of this chapter.

(5) FINAL INSPECTION. Upon completion of all work by an applicant, the division shall inspect all the work that the applicant claims. The applicant shall provide the division employees with access to all claimed work and shall permit review of all records relating to the work.

(6) CLOSEOUT OF APPLICATION. (a) The administrator shall close out the applicant's major disaster assistance application when all of the following occurs:

1. The recovery work is complete.

2. The division completes a final inspection of all work claimed for reimbursement by the applicant.

3. The division pays eligible costs.

4. The required audits are complete.

5. The applicant receives the final amount due or pays any amount owed.

7.07 EXPEDITED CLAIM AND PAYMENT PROCESS. (1) If the major catastrophe places an undue burden or hardship on the local governmental unit and public officials wish to expedite the application and payment process, the local governmental unit shall submit an expedited request for payment on DMA Form XXX (x/2006) with required documentation that shall include a statement explaining why expedited payment of the application is necessary and the specific hardship posed.

(2) All requests for an advance of funds shall be signed by the applicant's authorized representative and forwarded to the administrator. The administrator shall assess a request for an advance to determine whether the request is reasonable and for eligible costs that have been completed. The administrator shall grant a request for an advance for work not completed only if an applicant has demonstrated that the work cannot be completed without an advance. The amount of an advance will be based upon eligible costs to date and the estimated eligible costs for the next 60-day period.

7.08 RECORD RETENTION.

The applicant shall maintain for five years all records relating to the application submitted in accordance with the State's standard audit practices and shall make the records available for inspection and audit. If a contract or subcontract for the furnishing of goods, equipment, labor, materials, or services to the applicant may result in a claim, the applicant shall include in the contract or subcontract a provision that all books, accounts, reports, and other records relating to the contract or subcontract shall be subject to inspection and audit by the state for five years after completion of the contract or subcontract.

7.09 FUND EXPENDITURE LIMITATION.

Expenditures from the major disaster assistance fund, as a result of a catastrophic disaster, shall not exceed the amount authorized in the major disaster assistance appropriations created in s. 20.465. (3) (b) and (s), Stats. An expenditure payment cap of 25% of the total amounts allocated in s. 20.465. (3) (b) and (s), Stats., shall be set quarterly by the department and balances shall be reconciled at the end of the state fiscal year.

7.10 DUAL PAYMENT.

If eligible costs are subsequently recovered from other sources after payment from the major disaster assistance fund, the applicant shall return the recovered eligible costs to the department for deposit back into the fund. If the administrator or an applicant determines that the applicant received duplicate funds for a claim from the state and from another source, the applicant shall refund the amount received from the state.

7.11 APPEAL PROCESS.

(1) Applicant shall have 30 days after receipt of the final determination by the administrator in which to file a written appeal.

(2) The applicant shall first appeal directly to the administrator.

(3) Following an appeal to the administrator, an applicant may then request a problem resolution process in which the adjutant general of the department of military affairs reviews the materials submitted by the applicant and issues a decision based on those materials or meets with the parties to negotiate an acceptable resolution of the problem.

(4) An applicant may request an administrative hearing under Ch. 227 Stats.

NOTICE IS HEREBY GIVEN that pursuant to the authority in ss. 166.03 (2) (a) 3., 227.11 (2) (a), Stats. and interpreting s. 166.03 (2) (a) 3., Stats., the Division of Emergency Management will hold public hearings at the times and places indicated below to consider the creation of ch. WEM 8, relating to the establishment of standards for the adoption of the Mutual Aid Box Alarm System, also known as MABAS, that may be used for the systematic deployment of fire, rescue and emergency medical services personnel and equipment in a multi-jurisdictional or multi-agency emergency response. The public hearings will be held as follows:

Date	Location	Begin Time
Mon. Aug. 14	Milwaukee Area Milwaukee County Sheriff's Training Academy Lecture Hall A &B, 9225 S. 68th St, Franklin, WI 53132	11:00 a.m.
Mon. Aug. 14	Appleton Area Grand Chute Town Hall Board Room 1900 Grand Chute Blvd. Appleton WI 54913	7:30 p.m.
Tues. Aug. 15	Madison Emergency Operations Center (EOC) Department of Military Affairs 2400 Wright Street Madison WI 53707	11:00 a.m.
Tues. Aug. 15	LaCrosse Health and Human Services Building Auditorium 300 4th Street North LaCrosse WI 54601	7:30 p.m.
Wed. Aug. 16	Wausau Area Rib Mountain Town Hall, 3700 North Mountain Road Rib Mountain, WI 54401	7:30 p.m.
Thur. Aug. 17	Rice Lake Area Barron County Justice Center Emergency Operations Center 1420 State Hwy 25 N Barron WI 54812	7:30 p.m.

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urges to submit facts, opinions and arguments in writing as well. Facts, opinions and arguments may also be submitted in writing without a personal appearance by mail address to Keith Tveit, Fire Services Coordinator, Wisconsin Emergency Management; 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53708-7865. Telephone: (608) 242-3200. Email: keith.tveit@dma.state.wi.us. Written comments must be received by August 17, 2006 to be included in the record of rule making proceedings.

The hearing sites are fully accessible to persons with disabilities.

Proposed WEM 8

The Wisconsin Department of Military Affairs, through its Division of Emergency Management, proposes an order to create WEM 8 relating to the establishment of standards for the adoption of the Mutual Aid Box Alarm System, also known as MABAS, that may be used for deploying fire, rescue and emergency medical services personnel and equipment in a multi-jurisdictional or multi-agency emergency response.

Statutory Authority: ss. 166.03 (2) (a) 3., 227.11 (2) (a), Stats.

Statutes Interpreted:s. 166.03 (2) (a) 3, Stats.

Explanation of Agency Authority: The Department of Military Affairs, through its Division of Emergency Management, is required under s. 166.03 (2) (a) 3., Stats. (created by 2005 Wisconsin Act 257) to promulgate and adopt rules establishing the Mutual Aid Box Alarm System as a standard for deploying fire, rescue and emergency medical services personnel and equipment in the event of a multi-jurisdictional or multi-agency emergency response.

Related Rule of Statute: There are no other related statutes or rules other than those listed above.

Plain language analysis: Chapter WEM 8 establishes standards adopting the Mutual Aid Box Alarm System as a mechanism for the systematic deployment of fire, rescue and emergency medical services personnel and equipment during multi-jurisdictional or multi-agency emergency response to crises, natural disasters and manmade catastrophes. This administrative rule delineates the various levels of response and provides a procedure and systematic plan for the provision of mutual aid as resources are exhausted at the various levels of response. The rule establishes uniform compliance requirements for the types and classes of emergency response equipment and apparatus as well as minimum training requirements for emergency response personnel. Participation in the Mutual Aid Box Alarm System by local units of government is strictly voluntary. Equipment, personnel and services provided are at no cost to the stricken unit of government but may be recoverable from third parties and responsible parties. Fire, rescue and emergency medical services personnel providing mutual aid remain the employees of the aiding unit of government.

Summary of, and comparison with, existing or proposed federal regulations: The Department is unaware of any proposed or existing federal regulation that is covered by the proposed rule.

Comparison with rules in adjacent states: The State of Illinois has utilized the Mutual Aid Box Alarm System since the late 1960's as an effective mechanism for providing mutual aid among municipalities and fire departments. This system was formally adopted by the State of Illinois and enacted under the “Intergovernmental Cooperation Act" at 5 ILCS 220/1 et. seq.

Summary of factual data and analytical methodologies: There were no factual data or analytical methodologies used to develop the proposed rules.

Effect of small business: The proposed rules will have no significant effect on small business, as defined in s. 227.114 (1), Stats. There were no supporting documents used to determine the effect on small business and an economic impact report was not prepared.

Fiscal Estimate: These rules implement the standards adopting the Mutual Aid Box Alarm System as enacted by 2005 Wisconsin Act 257. These rules do not appear to have any impact on local government costs.

Agency contact person: Keith Tveit, Fire Services Coordinator, Wisconsin Emergency Management; 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53708-7865. Telephone: (608) 220-6049. Email: keith.tveit@dma.state.wi.us.

Place where comments are to be submitted and deadline for submission: Comments may be submitted to Keith Tveit, Fire Services Coordinator, Wisconsin Emergency Management; 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53708-7865. Telephone: (608) 220-6049. Email: keith.tveit@dma.state.wi.us. Comments must be received on or before August 17, 2006 to be included in the record of rule-making proceedings.

SECTION 1. Chapter WEM 8 is created to read:

Chapter WEM 8

MUTUAL AID BOX ALARM SYSTEM

STANDARDS AND PROCEDURES

WEM 8.01 Purpose

WEM 8.02 Definitions

WEM 8.03 Levels of Response

WEM 8.04 Procedure for Providing Mutual Aid

WEM 8.05 Types and Classing of Resources

WEM 8.06 Coordinators

WEM 8.07 Credentialing

WEM 8.08 Limitations on Coverage

WEM 8.09 Compensation

WEM 8.10 Participation

WEM 8.01 PURPOSE. The purpose of this chapter is to establish standards for the adoption of the Mutual Aid Box Alarm System, also known as MABAS, as a mechanism to be used for mutual aid for fire, rescue, and emergency medical services and associated special operational services as required in ss. 166.03 (2) (a) 3, Stats.

WEM 8.02 DEFINITIONS. In this chapter:

(1) “Aiding unit" means a member unit furnishing equipment, personnel or services to a stricken unit.

(2) “Apparatus guidelines" means apparatus defined and incorporated into the Mutual Aid Box Alarm System General Operating Procedures.

(3) “Chief officer" means the highest ranking officer within a fire, rescue or emergency medical services unit.

(4) “Emergency" means an occurrence or condition in a member unit's territorial jurisdiction which results in a situation of such magnitude or consequence that it cannot be adequately handled by the resources of the stricken unit and such that a member unit determines the necessity and advisability of requesting mutual aid.

(5) “Emergency medical services system" means the method for establishing a system for the appropriate management for the medical treatment and transport of the public in pre-hospital, interfacility or from facilities or institutions providing health services under s. TRANS Chapter 309 and ss. HFS Chapters 110 through 113.

(6) “Incident command system" has the same meaning as in s. COMM 30.01(16) and follows the guidelines of the National Incident Management System, also known as NIMS.

(7) “MABAS, or `Mutual Aid Box Alarm System' box card" means a printed form containing details of departments, specialized personnel and equipment to respond to a given geographical area, target hazard and/or specialized response within a community.

(8) “MABAS, or `Mutual Aid Box Alarm System' division" means the geographically associated MABAS member units which have been grouped for operational efficiency and representation of those MABAS member units.

Each MABAS division shall designate one representative to serve on the statewide MABAS executive board.

(9) “MABAS or `Mutual Aid Box Alarm System' interdivisional card" means a MABAS box card designated for interdivisional mutual aid, listing a MABAS division's equipment available to respond based on the type of equipment and location.

(10) “MABAS or `Mutual Aid Box Alarm System' member unit" means a unit of local government including but not limited to a city, village, town, emergency medical services district or fire protection district having a fire department recognized by the State of Wisconsin or an intergovernmental agency and the units of which the intergovernmental agency is comprised which is a party to the MABAS agreement and has been appropriately authorized by the governing body to enter into such an agreement.

(11) “MABAS or `Mutual Aid Box Alarm System' region" means the Wisconsin emergency management areas as identified by the Adjutant General under ss. 166.03 (2) 6. (b) 1., Stats.

(12) “Mutual Aid Box Alarm System", also known as MABAS, means a definite and prearranged plan whereby response and assistance is provided to a stricken unit by the aiding unit in accordance with the system established and maintained by MABAS member units and amended from time to time. Management oversight of the system is handled by the MABAS executive board.

(13) “National Incident Management System" or `NIMS'," means a system mandated by Homeland Security Presidential Directive 5 that provides a consistent nationwide approach for federal, state, local and tribal governments; the private sector, and nongovernmental organizations to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity.

(14) “Stricken unit" means a member unit which requests aid in the event of an emergency.

(15) “WEM or `Wisconsin emergency management' duty officer" means an individual on-call 24 hours and seven days a week and as identified by Wisconsin emergency management's duty officer roster.

WEM 8.03 LEVELS OF RESPONSE. MABAS coordinates the effective and efficient provision of mutual aid during emergencies, natural disasters, or manmade catastrophes. In recognition of home rule, MABAS is not intended to relieve a community from their responsibilities of providing adequate emergency services for all local emergencies, since all communities should have their own first line of defense. When a community exhausts its resources, MABAS can be activated by the stricken community through a systematic plan at various levels of response:

(1) A “local response" is an emergency that is a routine day-to-day event utilizing resources listed on a MABAS box card with a minimum of three MABAS alarm levels which is triggered locally by the incident commander on scene.

(2) A “regional response" is an emergency that has exhausted “local response" capabilities and may utilize up to three MABAS interdivisional cards. A regional response is triggered locally by the incident commander on the scene of an emergency.

(3) A “state response" is an emergency that has exhausted “regional response" capabilities and may utilize multiple MABAS interdivisional cards. A state response is triggered by a request to the WEM duty officer by the incident commander on the scene of the emergency. Responding resources will be coordinated by the WEM duty officer in coordination with the regional MABAS division coordinator.

(4) A “national response" is an emergency that has exhausted state resources and is an event of national significant which is triggered by or to the Wisconsin emergency management duty officer through the Emergency Management Assistance Compact under ss. 166.30, Stats.

WEM 8.04 PROCEDURE FOR PROVIDING MUTUAL AID. (1) The MABAS member units authorize their respective chief officer or designee to take necessary and proper action to render or request mutual aid from the member units in accordance with the policies and procedures established and maintained by the MABAS member units. The aid rendered shall be to the extent of available personnel and equipment not required for adequate protection of the territorial limits of the aiding unit.

(2) Whenever an emergency occurs and conditions are such that the incident commander, or designee, of the stricken unit determines it is advisable to request aid under MABAS, shall activate the number of aiding units deemed necessary in accordance with the policy and procedures established and maintained by the MABAS member units.

(3) The chief officer, or designee, of the aiding unit shall take the following action immediately upon being requested for mutual aid:

a. Determine what equipment, personnel and/or services are requested according to the system maintained by MABAS.