SB226,79,1312
321.39
(1) (a) 3. If the governor declares a state of emergency relating to public
13health under s.
166.03 (1) (b) 323.10.
SB226, s. 277
14Section
277. 321.65 (1) (a) 2. of the statutes is amended to read:
SB226,79,1815
321.65
(1) (a) 2. Active service with the state laboratory of hygiene under s.
1636.25 (11) (em) for the purpose of assisting the department of health services under
17s. 250.042 during a state of emergency relating to public health declared by the
18governor under s.
166.03 (1) (b) 1. 323.10.
SB226, s. 278
19Section
278. Chapter 323 (title) of the statutes is created to read:
SB226,79,2120
chapter 323
21
emergency management
SB226, s. 279
22Section
279. Subchapter I (title) of chapter 323 [precedes 323.01] of the
23statutes is created to read:
SB226,79,2424
chapter 323
SB226,80,2
1Subchapter I
2
General provisions
SB226, s. 280
3Section
280. 323.02 (6) of the statutes is created to read:
SB226,80,84
323.02
(6) "Disaster" means a severe or prolonged, natural or human-caused,
5occurrence that threatens or negatively impacts life, health, property,
6infrastructure, the environment, the security of this state or a portion of this state,
7or critical systems, including computer, telecommunications, or agricultural
8systems.
SB226, s. 281
9Section
281. 323.02 (10) of the statutes is created to read:
SB226,80,1110
323.02
(10) "Law enforcement officer" has the meaning given in s. 165.85 (2)
11(c).
SB226, s. 282
12Section
282. 323.02 (15) of the statutes is created to read:
SB226,80,1313
323.02
(15) "Local unit of government" means a county, city, village, or town.
SB226, s. 283
14Section
283. 323.02 (17) of the statutes is created to read:
SB226,80,1915
323.02
(17) "Public works" means the physical structures and facilities
16developed or acquired by a local unit of government or a federally recognized
17American Indian tribe or band in this state to provide services and functions for the
18benefit and use of the public, including water, sewerage, waste disposal, utilities, and
19transportation.
SB226, s. 284
20Section
284. 323.02 (19) of the statutes is created to read:
SB226,80,2221
323.02
(19) "State agency" means any office, commission, board, department,
22or bureau of state government.
SB226, s. 285
23Section
285. Subchapter II (title) of chapter 323 [precedes 323.10] of the
24statutes is created to read:
SB226,80,2525
chapter 323
SB226,81,3
1Subchapter II
2
Powers and duties related to
3
emergency management
SB226, s. 286
4Section
286. 323.12 (title) of the statutes is created to read:
SB226,81,5
5323.12 (title)
Governor; duties and powers.
SB226, s. 287
6Section
287. 323.12 (1) (intro.) of the statutes is created to read:
SB226,81,77
323.12
(1) Ongoing duties. (intro.) The governor shall do all of the following:
SB226, s. 288
8Section
288. 323.12 (2) (intro.) of the statutes is created to read:
SB226,81,99
323.12
(2) Ongoing powers. (intro.) The governor may do all of the following:
SB226, s. 289
10Section
289. 323.12 (4) (intro.) of the statutes is created to read:
SB226,81,1211
323.12
(4) Powers during an emergency. (intro.) The governor may do all of
12the following during a state of emergency declared under s. 323.10:
SB226, s. 290
13Section
290. 323.13 (title) of the statutes is created to read:
SB226,81,14
14323.13 (title)
Adjutant general; duties and powers.
SB226, s. 291
15Section
291. 323.13 (1) (title) of the statutes is created to read:
SB226,81,1616
323.13
(1) (title)
Ongoing duties.
SB226, s. 292
17Section
292. 323.13 (1) (a) of the statutes is created to read:
SB226,81,1918
323.13
(1) (a) Serve as the governor's principal assistant for directing and
19coordinating emergency management activities.
SB226, s. 293
20Section
293. 323.13 (2) (h) of the statutes is created to read:
SB226,81,2221
323.13
(2) (h) Make payments for disaster assistance under ss. 323.30 and
22323.31.
SB226, s. 294
23Section
294. 323.14 (1) (title) of the statutes is created to read:
SB226,81,2424
323.14
(1) (title)
Ongoing duties.
SB226, s. 295
25Section
295. 323.14 (1) (a) 1. of the statutes is created to read:
SB226,82,3
1323.14
(1) (a) 1. Subject to subd. 3., each county board shall develop and adopt
2an emergency management plan and program that is compatible with the state plan
3of emergency management under s. 323.13 (1) (b).
SB226, s. 296
4Section
296. 323.14 (2) (title) of the statutes is created to read:
SB226,82,55
323.14
(2) (title)
Ongoing powers.
SB226, s. 297
6Section
297. 323.14 (2) (a) of the statutes is created to read:
SB226,82,87
323.14
(2) (a) The governing body of a local unit of government may appropriate
8funds and levy taxes for its emergency management program under sub. (1).
SB226, s. 298
9Section
298. 323.14 (3) (title) of the statutes is created to read:
SB226,82,1010
323.14
(3) (title)
Duties during an emergency.
SB226, s. 299
11Section
299. 323.14 (4) (title) of the statutes is created to read:
SB226,82,1212
323.14
(4) (title)
Powers during an emergency.
SB226, s. 300
13Section
300. 323.15 (title) of the statutes is created to read:
SB226,82,14
14323.15 (title)
Heads of emergency management; duties and powers.
SB226, s. 301
15Section
301. 323.15 (1) (title) of the statutes is created to read:
SB226,82,1616
323.15
(1) (title)
Ongoing duties.
SB226, s. 302
17Section
302. 323.17 of the statutes is created to read:
SB226,82,24
18323.17 State traffic patrol officers and conservation wardens. If the
19governor calls out the state traffic patrol or conservation warden service, or members
20of the patrol or service, under s. 323.12 (2) (c), the state traffic patrol officers or
21conservation wardens subject to the call shall have the powers of a law enforcement
22officer for the duration determined by the governor, except that the officers and
23wardens may not be used in or take part in any dispute or controversy between an
24employer and employee concerning wages, hours, labor, or working conditions.
SB226, s. 303
25Section
303. 323.18 of the statutes is created to read:
SB226,83,3
1323.18 State agency volunteers. A state agency may register or preregister
2volunteers to assist the agency during a disaster, an imminent threat of a disaster,
3or a related training exercise.
SB226, s. 304
4Section
304. 323.19 of the statutes is created to read:
SB226,83,8
5323.19 State official authority to grant variances to statutes and rules
6for a disaster. (1) The secretary of health services may grant a hospital a variance
7to a statute or rule affecting hospitals in response to a disaster as provided in s. 50.36
8(6).
SB226,83,10
9(2) The pharmacy examining board may grant a variance to ch. 450 or a rule
10promulgated under ch. 450 in response to a disaster as provided in s. 450.02 (3m).
SB226, s. 305
11Section
305. Subchapter III (title) of chapter 323 [precedes 323.30] of the
12statutes is created to read:
SB226,83,1313
chapter 323
SB226,83,1514
Subchapter III
15
disaster assistance programs
SB226, s. 306
16Section
306. Subchapter IV (title) of chapter 323 [precedes 323.40] of the
17statutes is created to read:
SB226,83,1818
chapter 323
SB226,83,2019
Subchapter Iv
20
Liability and exemptions
SB226, s. 307
21Section
307. 323.40 of the statutes is created to read:
SB226,84,2
22323.40 Responsibility for worker's compensation. (1) Employees of
23local unit of government. An employee of a local unit of government's emergency
24management program is an employee of that local unit of government for worker's
25compensation under ch. 102 unless the responsibility to pay worker's compensation
1benefits are assigned as provided under s. 66.0313 or under an agreement between
2the local unit of government and the state or another local unit of government.
SB226,84,7
3(2) State agency volunteers. A volunteer who registers with a state agency
4to assist the agency without compensation, other than reimbursement for travel,
5lodging, or meals, during a disaster, an imminent threat of a disaster, or a related
6training exercise is considered an employee of the agency for worker's compensation
7under ch. 102, for purposes of any claim related to the assistance provided.
SB226,84,14
8(3) Local unit of government volunteers. (a) Except as provided in par. (b),
9an individual who registers in writing with a local unit of government's emergency
10management program to provide his or her own labor without compensation, other
11than reimbursement for travel, lodging, or meals, during a disaster, an imminent
12threat of a disaster, or a related training exercise is considered an employee of the
13local unit of government for worker's compensation under ch. 102 for purposes of any
14claim relating to the labor provided.
SB226,84,1615
(b) This subsection does not apply to an individual's provision of services if s.
16257.03 applies.
SB226, s. 308
17Section
308. 323.41 (title), (1), (2), (3) and (4) of the statutes are created to
18read:
SB226,84,25
19323.41 (title)
Liability of state or local unit of government. (1) Employee
20of local unit of government. An employee of a local unit of government's emergency
21management program is an employee of that local unit of government under ss.
22893.80, 895.35, and 895.46 for purposes of any claim, unless the responsibility
23related to a claim under ss. 893.80, 895.35, and 895.46 is assigned as provided under
24s. 66.0313 or under an agreement between the local unit of government and the state
25or another local unit of government.
SB226,85,6
1(2) State agency volunteers. Except as provided in s. 323.45, a volunteer who
2registers with a state agency to assist the agency without compensation, other than
3reimbursement for travel, lodging, or meals, during a disaster, an imminent threat
4of a disaster, or a related training exercise is considered an employee of the agency
5under ss. 893.82 and 895.46, for purposes of any claim related to the assistance
6provided.
SB226,85,13
7(3) Local unit of government volunteers. (a) Except as provided in par. (b),
8an individual who registers in writing with a local unit of government's emergency
9management program to provide his or her own labor without compensation, other
10than reimbursement for travel, lodging, or meals, during a disaster, an imminent
11threat of a disaster, or a related training exercise is considered an employee of the
12local unit of government under ss. 893.80, 895.35, and 895.46 for purposes of any
13claim relating to the labor provided.
SB226,85,1514
(b) This subsection does not apply to an individual's provision of services if s.
15257.03 or 323.45 applies.
SB226,85,17
16(4) Exceptions. This section does not apply if the person's act or omission
17involves reckless, wanton, or intentional misconduct.
SB226, s. 309
18Section
309. 323.42 of the statutes is created to read:
SB226,85,23
19323.42 Reimbursement of local units of government. (1) In any calendar
20year, if the amount the local unit of government is liable for under ss. 323.40 and
21323.41 plus losses incurred under s. 323.43 exceed $1 per capita of the local unit of
22government's population, the state shall reimburse the local unit of government the
23amount of the excess.
SB226,86,2
24(2) In addition, the state shall reimburse a local unit of government for any
25future expenses for worker's compensation and expenses under ss. 893.80, 895.35,
1and 895.46 that result from an incident that occurred in a calendar year for which
2the state reimbursed the local unit of government under sub. (1).
SB226,86,4
3(3) The reimbursement under this section shall be made from the
4appropriation in s. 20.465 (3) (a) upon approval of the adjutant general.
SB226, s. 310
5Section
310. 323.45 (4) of the statutes is created to read:
SB226,86,76
323.45
(4) (a) This section does not apply to a person's provision of services if
7s. 257.03 or 323.41 applies.
SB226,86,98
(b) This section does not apply to a person's provision of facilities if s. 257.04
9or 323.44 applies.
SB226, s. 311
10Section
311. Subchapter V (title) of chapter 323 [precedes 323.50] of the
11statutes is created to read:
SB226,86,1212
chapter 323
SB226,86,1513
Subchapter V
14
emergency location and
15
continuity of government
SB226, s. 312
16Section
312. 323.50 (1) of the statutes, as affected by 2009 Wisconsin Act ....
17(this act), is amended to read:
SB226,86,2318
323.50
(1) "Interim successor" means a person designated under this
19subchapter, if the officer is unavailable as the result of
enemy action a disaster or the
20imminent threat of a disaster, to exercise the powers and discharge the duties of an
21office until a successor is appointed or elected and qualified as provided by law or
22until the lawful incumbent is able to resume the exercise of the powers and discharge
23the duties of the office.