Feed for /2009/related/acts/42 PDF
chapter 323
Subchapter I
General provisions
42,280 Section 280. 323.02 (6) of the statutes is created to read:
323.02 (6) "Disaster" means a severe or prolonged, natural or human-caused, occurrence that threatens or negatively impacts life, health, property, infrastructure, the environment, the security of this state or a portion of this state, or critical systems, including computer, telecommunications, or agricultural systems.
42,281 Section 281. 323.02 (10) of the statutes is created to read:
323.02 (10) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
42,282 Section 282. 323.02 (15) of the statutes is created to read:
323.02 (15) "Local unit of government" means a county, city, village, or town.
42,283 Section 283. 323.02 (17) of the statutes is created to read:
323.02 (17) "Public works" means the physical structures and facilities developed or acquired by a local unit of government or a federally recognized American Indian tribe or band in this state to provide services and functions for the benefit and use of the public, including water, sewerage, waste disposal, utilities, and transportation.
42,284 Section 284. 323.02 (19) of the statutes is created to read:
323.02 (19) "State agency" means any office, commission, board, department, or bureau of state government.
42,285 Section 285. Subchapter II (title) of chapter 323 [precedes 323.10] of the statutes is created to read:
chapter 323
Subchapter II
Powers and duties related to
emergency management
42,286 Section 286. 323.12 (title) of the statutes is created to read:
323.12 (title) Governor; duties and powers.
42,287 Section 287. 323.12 (1) (intro.) of the statutes is created to read:
323.12 (1) Ongoing duties. (intro.) The governor shall do all of the following:
42,288 Section 288. 323.12 (2) (intro.) of the statutes is created to read:
323.12 (2) Ongoing powers. (intro.) The governor may do all of the following:
42,289 Section 289. 323.12 (4) (intro.) of the statutes is created to read:
323.12 (4) Powers during an emergency. (intro.) The governor may do all of the following during a state of emergency declared under s. 323.10:
42,290 Section 290. 323.13 (title) of the statutes is created to read:
323.13 (title) Adjutant general; duties and powers.
42,291 Section 291. 323.13 (1) (title) of the statutes is created to read:
323.13 (1) (title) Ongoing duties.
42,292 Section 292. 323.13 (1) (a) of the statutes is created to read:
323.13 (1) (a) Serve as the governor's principal assistant for directing and coordinating emergency management activities.
42,293 Section 293. 323.13 (2) (h) of the statutes is created to read:
323.13 (2) (h) Make payments for disaster assistance under ss. 323.30 and 323.31.
42,294 Section 294. 323.14 (1) (title) of the statutes is created to read:
323.14 (1) (title) Ongoing duties.
42,295 Section 295. 323.14 (1) (a) 1. of the statutes is created to read:
323.14 (1) (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).
42,296 Section 296. 323.14 (2) (title) of the statutes is created to read:
323.14 (2) (title) Ongoing powers.
42,297 Section 297. 323.14 (2) (a) of the statutes is created to read:
323.14 (2) (a) The governing body of a local unit of government may appropriate funds and levy taxes for its emergency management program under sub. (1).
42,298 Section 298. 323.14 (3) (title) of the statutes is created to read:
323.14 (3) (title) Duties during an emergency.
42,299 Section 299. 323.14 (4) (title) of the statutes is created to read:
323.14 (4) (title) Powers during an emergency.
42,300 Section 300. 323.15 (title) of the statutes is created to read:
323.15 (title) Heads of emergency management; duties and powers.
42,301 Section 301. 323.15 (1) (title) of the statutes is created to read:
323.15 (1) (title) Ongoing duties.
42,302 Section 302. 323.17 of the statutes is created to read:
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 call shall have the powers of a law enforcement officer for the duration determined by the governor, except that the officers and wardens may not be used in or take part in any dispute or controversy between an employer and employee concerning wages, hours, labor, or working conditions.
42,303 Section 303. 323.18 of the statutes is created to read:
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.
42,304 Section 304. 323.19 of the statutes is created to read:
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 a statute or rule affecting hospitals in response to a disaster as provided in s. 50.36 (6).
(2) The pharmacy examining board may grant a variance to ch. 450 or a rule promulgated under ch. 450 in response to a disaster as provided in s. 450.02 (3m).
42,305 Section 305. Subchapter III (title) of chapter 323 [precedes 323.30] of the statutes is created to read:
chapter 323
Subchapter III
disaster assistance programs
42,306 Section 306. Subchapter IV (title) of chapter 323 [precedes 323.40] of the statutes is created to read:
chapter 323
Subchapter Iv
Liability and exemptions
42,307 Section 307. 323.40 of the statutes is created to read:
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 to pay worker's compensation benefits are assigned as provided under s. 66.0313 or under an agreement between the local unit of government and the state or another local unit of government.
(2) State agency volunteers. A volunteer who registers with a state agency to assist the agency without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the agency for worker's compensation under ch. 102, for purposes of any claim related to the assistance provided.
(3) Local unit of government volunteers. (a) Except as provided in par. (b), an individual who registers in writing with a local unit of government's emergency management program to provide his or her own labor without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the local unit of government for worker's compensation under ch. 102 for purposes of any claim relating to the labor provided.
(b) This subsection does not apply to an individual's provision of services if s. 257.03 applies.
42,308 Section 308. 323.41 (title), (1), (2), (3) and (4) of the statutes are created to read:
323.41 (title) 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, unless the responsibility related to a claim under ss. 893.80, 895.35, and 895.46 is assigned as provided under s. 66.0313 or under an agreement between the local unit of government and the state or another local unit of government.
(2) State agency volunteers. Except as provided in s. 323.45, a volunteer who registers with a state agency to assist the agency without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the agency under ss. 893.82 and 895.46, for purposes of any claim related to the assistance provided.
(3) Local unit of government volunteers. (a) Except as provided in par. (b), an individual who registers in writing with a local unit of government's emergency management program to provide his or her own labor without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the local unit of government under ss. 893.80, 895.35, and 895.46 for purposes of any claim relating to the labor provided.
(b) This subsection does not apply to an individual's provision of services if s. 257.03 or 323.45 applies.
(4) Exceptions. This section does not apply if the person's act or omission involves reckless, wanton, or intentional misconduct.
42,309 Section 309. 323.42 of the statutes is created to read:
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 shall reimburse the local unit of government the amount of the excess.
(2) In addition, the state shall reimburse a local unit of government for any future expenses for worker's compensation and expenses under ss. 893.80, 895.35, and 895.46 that result from an incident that occurred in a calendar year for which the state reimbursed the local unit of government under sub. (1).
(3) The reimbursement under this section shall be made from the appropriation in s. 20.465 (3) (a) upon approval of the adjutant general.
42,310 Section 310. 323.45 (4) of the statutes is created to read:
323.45 (4) (a) This section does not apply to a person's provision of services if s. 257.03 or 323.41 applies.
(b) This section does not apply to a person's provision of facilities if s. 257.04 or 323.44 applies.
42,311 Section 311. Subchapter V (title) of chapter 323 [precedes 323.50] of the statutes is created to read:
chapter 323
Subchapter V
emergency location and
continuity of government
42,312 Section 312. 323.50 (1) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
323.50 (1) "Interim successor" means a person designated under this subchapter, if the officer is unavailable as the result of enemy action a disaster or the imminent threat of a disaster, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as provided by law or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.
42,313 Section 313. 323.53 (1) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
323.53 (1) Emergency interim successors to office of governor. If, during a state of emergency resulting from enemy action a disaster or the imminent threat of a disaster, the governor is unavailable and the lieutenant governor and the secretary of state are unavailable, the attorney general, state treasurer, speaker of the assembly, and the president of the senate shall in the order named if the preceding named officers are unavailable, exercise the powers and discharge the duties of the office of governor until a new governor is elected and qualified, or until a preceding named officer becomes available; but no interim successor to those offices may serve as governor.
42,314 Section 314. 323.53 (2) (b) (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
323.53 (2) (b) (intro.) If, during a state of emergency resulting from enemy action a disaster or the imminent threat of a disaster, any state officer is unavailable and his or her deputy, if any, is also unavailable, the powers of his or her office shall be exercised and the duties of his or her office shall be discharged by his or her designated interim successors in the order specified. The interim successor shall exercise the powers and discharge the duties of the office only until any of the following occurs:
42,315 Section 315. 323.54 (1) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
323.54 (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 from enemy action a disaster or the imminent threat of a disaster. The ordinances or resolutions shall define the scope of the powers and duties that interim appointees may exercise, and shall provide for termination of the interim appointments.
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