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Date of enactment: October 6, 2009
2009 Assembly Bill 316 Date of publication*: October 20, 2009
* Section 991.11, Wisconsin Statutes 2007-08 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2009 WISCONSIN ACT 42
An Act to repeal chapter 166 (title), 166.02 (2), 166.02 (5), 166.02 (6u), 166.03 (title), 166.03 (1) (title) and (a) (intro.), 166.03 (2) (title), 166.03 (2) (a) 4., 166.03 (3), 166.03 (5) (title), 166.03 (7) (title), 166.03 (7) (c), 166.03 (8) (d) to (g), 166.06 (3), 166.08 (1), 166.08 (2) (a), 166.08 (5), 166.08 (6) (title), 166.10 (intro.), 166.20 (1) (fm), 166.20 (1) (gm), 166.20 (1) (im), 166.20 (5) (b), 166.20 (9) (e), 166.23 (title), 250.042 (4) (a) (intro.) and 250.042 (4) (c); to renumber 118.38 (2), 166.01 (title), 166.02 (intro.), 166.02 (1g), 166.02 (1m), 166.02 (1p), 166.02 (1r), 166.02 (3), 166.02 (6m), 166.02 (6r), 166.02 (7), 166.03 (1) (a) 1., 166.03 (1) (b) 2., 166.03 (2) (a) 5., 166.03 (2) (b) 3., 166.03 (2) (b) 4., 166.03 (2) (b) 7., 166.05 (title), 166.10 (1) to (5), 166.15 (title), 166.15 (1) (intro.), (a), (b), (c) and (d), 166.15 (1) (f) to (k), (2), (3), (4) and (5), 166.20 (title), 166.20 (1) (b) and (c), 166.20 (1) (e) and (f), 166.20 (1) (g), 166.20 (1) (gi), 166.20 (1) (h) and (i), 166.20 (1) (k), 166.20 (2) (b), 166.20 (2) (c), 166.20 (2) (e), 166.20 (2) (f), 166.20 (3) (a), 166.20 (5) (title), 166.20 (5) (a) 1., 2. and 3., 166.20 (5m) and (6), 166.20 (7) (title), 166.20 (9) (title), 166.20 (9) (b), 166.20 (9) (c) 1., 166.20 (10), 166.21 (title), 166.21 (1) (title), 166.21 (2m) (intro.) and (a) to (e), 166.215 (title), 166.215 (3) (a), 166.215 (3) (b), 166.22 (title), 166.22 (2), 166.22 (4) (a), 166.22 (5), 166.22 (6), 166.30, 250.042 (4) (a) 2. and 250.042 (4) (a) 3m.; to renumber and amend 16.61 (3) (d), 94.77, 166.01, 166.02 (1t), 166.02 (4), 166.02 (8), 166.03 (1) (a) 2., 166.03 (1) (a) 3., 166.03 (1) (a) 4., 166.03 (1) (b) 3., 166.03 (1) (b) 4., 166.03 (1) (b) 5., 166.03 (1) (b) 6., 166.03 (1) (b) 8., 166.03 (2) (a) (intro.), 166.03 (2) (a) 1., 166.03 (2) (a) 2., 166.03 (2) (a) 3., 166.03 (2) (a) 6., 166.03 (2) (b) (intro.), 166.03 (2) (b) 1., 166.03 (2) (b) 2., 166.03 (2) (b) 5., 166.03 (2) (b) 6., 166.03 (2) (b) 8., 166.03 (2) (b) 9., 166.03 (4) (title), 166.03 (4) (a), 166.03 (4) (b), 166.03 (4) (c), 166.03 (4) (d), 166.03 (5) (a), 166.03 (5) (b), 166.03 (5) (c), 166.03 (5) (d), 166.03 (5a), 166.03 (6), 166.03 (7) (a), 166.03 (7) (b), 166.03 (8) (title), 166.03 (8) (a) to (c), 166.03 (9), 166.03 (10), 166.03 (11), 166.03 (12), 166.03 (13), 166.03 (14), 166.04, 166.05 (1), 166.05 (2), 166.06 (title), 166.06 (1), 166.06 (2), 166.07 (title), 166.07, 166.08 (title), 166.08 (2) (intro.), 166.08 (2) (b), 166.08 (2) (c), 166.08 (2) (d), 166.08 (2) (e), 166.08 (3), 166.08 (4), 166.08 (6), 166.08 (7), 166.08 (8), 166.08 (9), 166.08 (10), 166.08 (11), 166.09, 166.15 (1) (e), 166.20 (1) (intro.), 166.20 (1) (d), 166.20 (1) (ge), 166.20 (1) (gk), 166.20 (1) (j), 166.20 (2) (intro.), 166.20 (2) (a), 166.20 (2) (bg), 166.20 (2) (bm), 166.20 (2) (bs) 1., 166.20 (2) (bs) 2., 166.20 (2) (d), 166.20 (3) (intro.), 166.20 (3) (b), 166.20 (3) (c), 166.20 (4), 166.20 (4m), 166.20 (5) (a) 4., 5. and 6., 166.20 (7) (a) (intro.), 166.20 (7) (a) 1., 166.20 (7) (a) 2., 166.20 (7) (b), (d), (dm) and (e), 166.20 (7m) and (8), 166.20 (9) (a), 166.20 (11), 166.21 (1) (a), 166.21 (1) (b) and (2), 166.21 (2m) (f), 166.21 (3), (4) and (5), 166.215 (1), 166.215 (2), 166.215 (3) (intro.), 166.215 (4), 166.215 (5), 166.22 (1) (intro.), 166.22 (1) (b), (c) and (d), 166.22 (3), 166.22 (3m), 166.22 (4) (b), 166.23 (1), 166.23 (2), 166.23 (2m), 166.23 (3), 166.25, 250.042 (4) (a) 1., 250.042 (4) (a) 3., 250.042 (4) (a) 4., 250.042 (4) (a) 5. and 250.042 (4) (b); to consolidate, renumber and amend 166.03 (1) (b) (intro.) and 1.; to amend 17.025 (4) (c), 20.370 (3) (ma), 20.370 (3) (mu), 20.465 (1) (h), 20.465 (3) (b), 20.465 (3) (dd), 20.465 (3) (dp), 20.465 (3) (dr), 20.465 (3) (e), 20.465 (3) (f), 20.465 (3) (g), 20.465 (3) (h), 20.465 (3) (i), 20.465 (3) (jm), 20.465 (3) (jt), 20.465 (3) (r), 20.465 (3) (s), 23.114 (1) (c), 50.36 (3d) (a) 1., 50.36 (3d) (a) 2., 59.54 (8) (a) 1., 59.54 (8) (a) 3., 59.54 (8) (b) 2., 60.23 (20), 60.24 (1) (e) 3., 66.0312 (3), 66.03125 (3), 66.0314 (1) (a), 66.0314 (2) (a), 66.0314 (2) (b) 1., 101.985 (2) (c), 102.07 (7m), 102.29 (10), 102.475 (1), 110.07 (1) (a) 1., 115.01 (10) (a) 2., 115.812 (3) (b) 1., 157.055 (2) (intro.), 165.25 (6) (b), 250.01 (intro.), 250.01 (6g), 250.01 (6r), 250.03 (3) (a) (intro.), 250.042 (1), 252.06 (10) (c), 254.34 (1) (am), 256.08 (4) (i), 256.15 (2), 292.11 (12) (b), 321.39 (1) (a) 3., 321.65 (1) (a) 2., 323.50 (1), 323.53 (1), 323.53 (2) (b) (intro.), 323.54 (1), 323.55 (3), 341.04 (intro.), 440.88 (5), 441.06 (4), 441.10 (3) (c), 441.15 (2) (intro.), 441.15 (5) (a) 5., 445.04 (2), 447.03 (1) (intro.), 448.03 (2) (p), 448.03 (3) (a) (intro.), 448.03 (3) (b), 448.03 (3) (e), 448.61, 448.66, 450.03 (1) (h), 450.145 (1) (c), 453.05 (1), 455.02 (1m), 455.02 (3m), 457.04 (intro.), 893.82 (2) (d) 1n., 895.46 (5) (am), 895.483 (1), 895.483 (2), 895.483 (3), 895.51 (2m), 895.55 (2) (intro.) and 979.012 (1); to repeal and recreate 95.50; to create 14.38 (10m), 50.36 (6), 94.77 (2), 94.77 (3), 115.01 (10) (a) 3., 118.38 (2) (bm), chapter 257 (title), 257.01 (intro.), 257.01 (1) (b) and (c), 257.01 (1g), 257.01 (2), 257.01 (3), 257.01 (5) (b) and (c), 257.01 (7), 257.01 (8), 257.01 (9) (b) and (c), 257.01 (10), 257.01 (11) (b) and (c), 257.02, 257.03 (title), 257.03 (1) (b), (c) and (d), 257.03 (2), 257.03 (3), 257.04, chapter 323 (title), subchapter I (title) of chapter 323 [precedes 323.01], 323.02 (6), 323.02 (10), 323.02 (15), 323.02 (17), 323.02 (19), subchapter II (title) of chapter 323 [precedes 323.10], 323.12 (title), 323.12 (1) (intro.), 323.12 (2) (intro.), 323.12 (4) (intro.), 323.13 (title), 323.13 (1) (title), 323.13 (1) (a), 323.13 (2) (h), 323.14 (1) (title), 323.14 (1) (a) 1., 323.14 (2) (title), 323.14 (2) (a), 323.14 (3) (title), 323.14 (4) (title), 323.15 (title), 323.15 (1) (title), 323.17, 323.18, 323.19, subchapter III (title) of chapter 323 [precedes 323.30], subchapter IV (title) of chapter 323 [precedes 323.40], 323.40, 323.41 (title), (1), (2), (3) and (4), 323.42, 323.45 (4), subchapter V (title) of chapter 323 [precedes 323.50], 323.55 (title), subchapter VI (title) of chapter 323 [precedes 323.60], subchapter VII (title) of chapter 323 [precedes 323.70], subchapter VIII (title) of chapter 323 [precedes 323.80] and 801.50 (3m) of the statutes; and to affect Laws of 1965, chapter 583, section 9; relating to: emergency management, succession of public offices, liability and licensure of emergency volunteers, disaster relief, ratification of the pest control compact, transportation and disposal of animal carcasses, the plant industry, computation of school days, variance for hospital requirements, public works mutual assistance, emergencies related to computer or telecommunication systems, granting rule-making authority, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
42,1 Section 1. 14.38 (10m) of the statutes is created to read:
14.38 (10m) Notification of constitutional amendment. If an amendment to the Wisconsin Constitution is approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, within 30 days after the government accountability board records the approval under s. 7.70 (3) (h), notify the legislature that the amendment has been approved.
42,2 Section 2. 16.61 (3) (d) of the statutes is renumbered 16.61 (3) (d) (intro.) and amended to read:
16.61 (3) (d) (intro.) Shall establish a system for the protection and preservation of essential public records as directed by s. 166.10. that are necessary to the continuity of governmental functions in the event of a disaster, as defined in s. 323.02 (6), or the imminent threat of a disaster, and in establishing the system shall do all of the following:
42,3 Section 3. 17.025 (4) (c) of the statutes is amended to read:
17.025 (4) (c) Secretary of state; state treasurer. When the temporary vacancy exists in the office of secretary of state or in the office of state treasurer, the duties of the office shall be assumed, respectively, by the first emergency interim successor designated under s. 166.08 (4) 323.53 (2) or, if no such designation has been made for the respective office, then by a deputy appointed by the governor.
42,4 Section 4. 20.370 (3) (ma) of the statutes is amended to read:
20.370 (3) (ma) General program operations — state funds. From the general fund, the amounts in the schedule for regulatory and enforcement operations under chs. 30, 31 and 280 to 299 and ss. 44.47, 59.692, 59.693, 61.351, 61.354, 62.231, 62.234 and 87.30, for reimbursement of the conservation fund for expenses incurred for actions taken under s. 166.04 323.12 (2) (c); for review of environmental impact requirements under ss. 1.11 and 23.40; and for enforcement of the treaty-based, off-reservation rights to fish, hunt and gather held by members of federally recognized American Indian tribes or bands.
42,5 Section 5. 20.370 (3) (mu) of the statutes is amended to read:
20.370 (3) (mu) General program operations — state funds. The amounts in the schedule for law enforcement operations under ss. 23.09 to 23.11, 90.21, and 166.04 323.12 (2) (c) and chs. 29, 30, and 169 and for review of environmental impact requirements under ss. 1.11 and 23.40.
42,6 Section 6. 20.465 (1) (h) of the statutes is amended to read:
20.465 (1) (h) Intergovernmental services. The amounts in the schedule to provide services to local units of government for fire, crash and rescue emergencies and to provide assistance under s. 166.30 323.80. All moneys received from local units of government for services provided for fire, crash, and rescue emergencies and as reimbursement from other states and territories for any losses, damages, or expenses incurred when units or members of the Wisconsin national guard are activated in state status to provide assistance under s. 166.30 323.80 shall be credited to this appropriation.
42,7 Section 7. 20.465 (3) (b) of the statutes is amended to read:
20.465 (3) (b) Major State disaster assistance. The amounts in the schedule to provide payments under s. 166.03 (2) (b) 9. 323.31 for damages and costs incurred as the result of a major disaster.
42,8 Section 8. 20.465 (3) (dd) of the statutes is amended to read:
20.465 (3) (dd) Regional emergency response teams. The amounts in the schedule for payments to regional emergency response teams under s. 166.215 (1) 323.70 (2).
42,9 Section 9. 20.465 (3) (dp) of the statutes is amended to read:
20.465 (3) (dp) Emergency response equipment. The amounts in the schedule for grants for the costs of computers and emergency response equipment under s. 166.21 323.61 (2) (br).
42,10 Section 10. 20.465 (3) (dr) of the statutes is amended to read:
20.465 (3) (dr) Emergency response supplement. As a continuing appropriation, the amounts in the schedule to be used for response costs of a regional emergency response team that are not reimbursed under s. 166.215 (2) or (3) 323.70 (3) or (4) and for response costs of a local agency that are not reimbursed under s. 166.22 323.71 (4).
42,11 Section 11. 20.465 (3) (e) of the statutes is amended to read:
20.465 (3) (e) Disaster recovery aid; public health emergency quarantine costs. A sum sufficient to pay the state share of grants to individuals, to make payments to local governments as defined in 42 USC 5122 (6) under federal disaster recovery programs as authorized in s. 166.03 (2) (b) 8. 323.30, and to reimburse local health departments under s. 252.06 (10) (c) 2.
42,12 Section 12. 20.465 (3) (f) of the statutes is amended to read:
20.465 (3) (f) Civil air patrol aids. The amounts in the schedule to provide assistance to the civil air patrol under s. 166.03 (2) (a) 5. 323.13 (1) (e).
42,13 Section 13. 20.465 (3) (g) of the statutes is amended to read:
20.465 (3) (g) Program services. The amounts in the schedule for conferences, training and other services provided by the division of emergency management and for expenses incurred under s. 166.03 (2) (b) 6. and 7. 323.13 (2) (f) and (g). All moneys received for conferences, training and other services provided by the division of emergency management shall be credited to this appropriation. All moneys received from assessments and contributions under s. 166.03 (2) (b) 6. and 7. 323.13 (2) (f) and (g) shall be credited to this appropriation.
42,14 Section 14. 20.465 (3) (h) of the statutes is amended to read:
20.465 (3) (h) Interstate emergency assistance. The amounts in the schedule to provide assistance under s. 166.30 323.80. All moneys received under s. 166.30 323.80 (9) as reimbursement from other states and territories for any losses, damages, or expenses incurred when the division of emergency management provides assistance under s. 166.30 323.80 shall be credited to this appropriation account.
42,15 Section 15. 20.465 (3) (i) of the statutes is amended to read:
20.465 (3) (i) Emergency planning and reporting; administration. From the moneys received by the division of emergency management from fees assessed under s. 166.20 323.60 (7), the amounts in the schedule for emergency planning, notification and response and reporting activities under s. 166.20 323.60 and administration of the grant program under s. 166.21 323.61.
42,16 Section 16. 20.465 (3) (jm) of the statutes is amended to read:
20.465 (3) (jm) Division of emergency management; emergency planning grants. All moneys received by the division of emergency management from fees assessed under s. 166.20 323.60 (7), except moneys appropriated under par. (i) for the payment of grants under s. 166.21 323.61, except grants under s. 166.21 (2) (b) (r) 323.61 (2) (br).
42,17 Section 17. 20.465 (3) (jt) of the statutes is amended to read:
20.465 (3) (jt) Regional emergency response reimbursement. All moneys received by the division of emergency management under s. 166.215 (3) 323.70 (4) for reimbursement of regional emergency response teams under s. 166.215 (2) 323.70 (3).
42,18 Section 18. 20.465 (3) (r) of the statutes is amended to read:
20.465 (3) (r) Division of emergency management; petroleum inspection fund. From the petroleum inspection fund, the amounts in the schedule for the payment of emergency planning grants under s. 166.21 323.61.
42,19 Section 19. 20.465 (3) (s) of the statutes is amended to read:
20.465 (3) (s) Major State disaster assistance; petroleum inspection fund. From the petroleum inspection fund, as a continuing appropriation, the amounts in the schedule to provide payments for damages and costs incurred as the result of a major disaster.
42,20 Section 20. 23.114 (1) (c) of the statutes is amended to read:
23.114 (1) (c) Paragraph (b) does not apply to a state of emergency declared by the governor under s. 166.03 323.10 and does not supersede the authority of the department of agriculture, trade and consumer protection under ch. 94.
42,21 Section 21. 50.36 (3d) (a) 1. of the statutes is amended to read:
50.36 (3d) (a) 1. The health care provider seeks to provide care at the hospital during a period of a state of emergency related to public health declared by the governor under s. 166.03 (1) (b) 1. 323.10.
42,22 Section 22. 50.36 (3d) (a) 2. of the statutes is amended to read:
50.36 (3d) (a) 2. The health care provider does not have staff privileges at the hospital at the time that the state of emergency related to public health is declared by the governor under s. 166.03 (1) (b) 1. 323.10.
42,23 Section 23. 50.36 (6) of the statutes is created to read:
50.36 (6) (a) The secretary or his or her designee may grant a variance to a statute affecting hospitals or a rule of the department affecting hospitals if all of the following apply:
1. The secretary or his her designee determines that disaster, as defined in s. 323.02 (6), has occurred.
2. A hospital has requested the variance.
3. The secretary or his her designee determines that the variance is necessary to protect the public health, safety, or welfare.
(b) A variance granted under par. (a) shall be for a stated term not to exceed 90 days, except that the secretary or his her designee may extend the variance upon request by the hospital if he or she determines that an extension is necessary to protect the public health, safety, or welfare.
42,24 Section 24. 59.54 (8) (a) 1. of the statutes is amended to read:
59.54 (8) (a) 1. Create a local emergency planning committee, with members as specified in 42 USC 11001 (c), which shall have the powers and the duties established for such committees under 42 USC 11000 to 11050 and under ss. 166.20 323.60 and 166.21 323.61.
42,25 Section 25. 59.54 (8) (a) 3. of the statutes is amended to read:
59.54 (8) (a) 3. Within the availability of state funds, take all actions that are necessary to ensure that the committee created under this paragraph properly executes the duties of a local emergency planning committee under 42 USC 11000 to 11050 and under ss. 166.20 323.60 and 166.21 323.61.
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