SB226, s. 112
21Section
112. 166.03 (7) (b) of the statutes is renumbered 323.14 (2) (c) and
22amended to read:
SB226,38,423
323.14
(2) (c)
Counties, towns and municipalities Local units of government 24may contract for emergency management services with political subdivisions,
25emergency management units and civil defense units
agencies, and federally
1recognized American Indian tribes and bands of this state, and
, upon prior approval
2of the adjutant general, with such entities in bordering states. A copy of each
such 3agreement shall be filed with the adjutant general within 10 days after execution
4thereof of that agreement.
SB226, s. 113
5Section
113. 166.03 (7) (c) of the statutes is repealed.
SB226, s. 114
6Section
114. 166.03 (8) (title) of the statutes is renumbered 323.25 (title) and
7amended to read:
SB226,38,8
8323.25 (title)
Personnel restrictions.
SB226, s. 115
9Section
115. 166.03 (8) (a) to (c) of the statutes are renumbered 323.25 (1) to
10(3) and amended to read:
SB226,38,1411
323.25
(1) No
personnel, while performing emergency management
12organization established functions consistent with a plan adopted under
this section 13s. 323.13 (1) (b) or 323.14 (1) (a) 1. or (b) 1., shall participate in any form of political
14activity or be employed directly or indirectly for any political activity.
SB226,38,18
15(2) No
personnel, while performing emergency management
organization
16established functions consistent with a plan adopted under
this section s. 323.13 (1)
17(b) or 323.14 (1) (a) 1. or (b) 1., shall be employed to interfere with the orderly process
18of a labor dispute.
SB226,38,24
19(3) No person
shall may be employed or associated in any capacity in any
state
20or local unit of government emergency management
organization under this section 21program under s. 323.13 (1) (b) or 323.14 (1) (a) 1. or (b) 1. who advocates a change
22by force or violence in the constitutional form of government of the United States or
23this state or who has been convicted of or is under indictment or information charging
24any subversive act against the United States.
SB226, s. 116
1Section
116. 166.03 (9) of the statutes is renumbered 323.43 and amended to
2read:
SB226,39,6
3323.43 Bearing of losses. Any Subject to s. 323.42, any loss arising from the
4damage to or destruction of government-owned equipment utilized in any
5authorized emergency management activity shall be borne by the owner
thereof of
6the equipment.
SB226, s. 117
7Section
117. 166.03 (10) of the statutes is renumbered 323.45 and amended
8to read:
SB226,39,13
9323.45 Exemption from liability
Providers of equipment and other
10items. (1) No Except as provided in subs. (2) and (4), no person who provides
11equipment, materials, facilities, labor, or services is liable for the death of or injury
12to any person or damage to any property caused by his or her actions if the person
13did so under all of the following conditions:
SB226,39,1914
(a) Under the direction of the governor, the adjutant general, the governing
15body, chief or acting chief executive officer, or head of emergency management
16services of any
county, town, municipality, local unit of government or federally
17recognized American Indian tribe or band in this state, the department of health
18services if that department is designated by the governor under s.
166.03 (1) (b) 1. 19323.10, or the local health department acting under s. 251.05 (3) (e).
SB226,39,2120
(b) In response to enemy action, a
natural or man-made disaster, or a federally
21declared state of emergency or during a state of emergency declared by the governor.
SB226,39,23
22(2) This
subsection section does not apply if the person's act or omission
23involved reckless, wanton, or intentional misconduct.
SB226,40,2
24(3) This
subsection section does not affect the right of any person to receive
25benefits to which he or she otherwise would be entitled under the worker's
1compensation law or under any pension law, nor does it affect entitlement to any
2other benefits or compensation authorized by state or federal law.
SB226, s. 118
3Section
118. 166.03 (11) of the statutes is renumbered 323.16 and amended
4to read:
SB226,40,12
5323.16 Powers of peace law enforcement officers. During any state of
6emergency
proclaimed declared by the governor or during any training program or
7exercises authorized by the adjutant general, any
peace officer or traffic law
8enforcement officer
of the state, or of a county, city, village or town, when legally
9engaged in traffic control, escort duty
, or protective service, may carry out
such the 10functions
at any point within anywhere in the state but shall be subject to the
11direction of the adjutant general through the sheriff of the county in which an
12assigned function is performed.
SB226, s. 119
13Section
119. 166.03 (12) of the statutes is renumbered 323.01 (3) and amended
14to read:
SB226,40,1715
323.01
(3) Red Cross not affected. Nothing contained in this section shall 16This chapter may not limit or in any way affect the responsibility of the American
17National Red Cross as authorized by the congress of the United States.
SB226, s. 120
18Section
120. 166.03 (13) of the statutes is renumbered 323.13 (1) (dm) and
19amended to read:
SB226,41,820
323.13
(1) (dm)
Authority to withhold grants. If the adjutant general finds that
21any political subdivision of the state a local unit of government has not
complied with
22the requirement of this section that it establish and maintain an operating 23developed, adopted, and implemented an emergency management
organization, he
24or she may plan as required under s. 323.14 (1), refuse to approve grants of funds or
25items of equipment
awarded under this chapter to
such political subdivision the local
1unit of government until
it complies
the local unit of government does so. If
such
2political subdivision the local unit of government fails to use
the funds or items of
3equipment granted
to it through the adjutant general in accordance with the
4agreement under which the grant was made, the adjutant general may refuse to
5make any additional grants to
such political subdivision the local unit of government 6until it has complied with the conditions of the prior grant, and he or she may start
7recovery proceedings on the funds and items of equipment
which that have not been
8used in accordance with the conditions of the grant.
SB226, s. 121
9Section
121. 166.03 (14) of the statutes is renumbered 323.28 and amended
10to read:
SB226,41,16
11323.28 Penalties. Whoever intentionally fails to comply with
the directives
12of an order issued by an agent of the state or of a local unit of government who is
13engaged in emergency management
authorities promulgated activities under this
14section during a state of emergency or during any chapter, including training
15program or exercises
may be fined, is subject to a forfeiture of not more than $200
16or imprisoned not more than 90 days or both.
SB226, s. 122
17Section
122. 166.04 of the statutes is renumbered 323.12 (2) (c) and amended
18to read:
SB226,42,519
323.12
(2) (c)
State traffic patrol and conservation warden duties during civil
20disorder. Without proclaiming a state of emergency,
If the governor
may, in writing
21filed with the secretary of state, determine determines that
there exists a condition
22of civil disorder or a threat to the safety of persons on state property or damage or
23destruction to state property
. Upon such filing
exists, he or she may
, without
24declaring an emergency, call out the state traffic patrol or the conservation warden
25force service or members
thereof of that patrol or service for use in connection with
1such the threat to
such life or property.
For the duration of such
threat, as
2determined by the governor, such officers shall have the powers of a peace officer as
3set forth in s. 59.28, except that such officers shall not be used in or take part in any
4dispute or controversy between employer or employee concerning wages, hours,
5labor or working conditions.
SB226, s. 123
6Section
123. 166.05 (title) of the statutes is renumbered 323.51 (title).
SB226, s. 124
7Section
124. 166.05 (1) of the statutes is renumbered 323.51 (1) and amended
8to read:
SB226,42,239
323.51
(1) Designation and use of a temporary location
by the governor. 10Whenever,
during a state of emergency as the result of a disaster or the imminent
11threat of a disaster, it becomes imprudent, inexpedient or impossible to conduct the
12affairs of state government at the state capital, the governor shall, as often as the
13exigencies of the situation require,
by proclamation designate
an emergency a 14temporary location for the seat of government at
such
a place
within or without in
15or outside this state
as he or she deems advisable, and. The governor shall take
such 16any action and issue
such any orders
as are necessary for an orderly transition of the
17affairs of state government to
such emergency the temporary location. If practicable,
18the
emergency temporary location
so designated by the governor
designates shall
19conform to that provided for in the current emergency management plan authorized
20by s. 166.03. Such emergency under subch. II. The temporary location shall remain
21as the seat of government until the governor establishes a new location under this
22section, or until the
emergency is ended under s. 166.03 and the seat of government
23is returned to its normal location.
SB226, s. 125
24Section
125. 166.05 (2) of the statutes is renumbered 323.51 (2) and amended
25to read:
SB226,43,7
1323.51
(2) Exercise of governmental authority. While the seat of government
2remains at
such a temporary location all official acts required by law to be performed
3at the seat of government by any officer, independent agency, department
, or
4authority of this state, including the convening and meeting of the legislature in
5regular or special session
under sub. (1), shall be as valid and binding when
6performed at
such emergency the temporary location as if performed at the normal
7location.
SB226, s. 126
8Section
126. 166.06 (title) of the statutes is renumbered 323.52 (title) and
9amended to read:
SB226,43,12
10323.52 (title)
Emergency temporary Temporary locations of
11government for counties, towns and municipalities local units of
12government.
SB226, s. 127
13Section
127. 166.06 (1) of the statutes is renumbered 323.52 (1) and amended
14to read:
SB226,44,415
323.52
(1) Designation of emergency temporary locations. Whenever during
16a state of emergency it becomes imprudent, inexpedient
, or impossible to conduct the
17affairs of local government at the regular or usual place
or places thereof, the
18governing body of each
county, town and municipality of this state local unit of
19government may meet at any place within or without the territorial limits of
such
20political subdivision the local unit of government on the call of the presiding officer
21or his or her successor, and shall proceed to establish and designate by ordinance,
22resolution
, or other manner, alternate or substitute
sites or places as the
emergency 23temporary locations of government where all, or any part, of the public business may
24be transacted and conducted during the emergency situation. Such alternate or
25substitute
site or places may be within or without the territorial limits of
such county,
1town or municipality the local unit of government and may be within or without those
2of the state. If practicable, they shall be the
sites or places designated as the
3emergency temporary locations of government in the current emergency
4management plan.
SB226, s. 128
5Section
128. 166.06 (2) of the statutes is renumbered 323.52 (2) and amended
6to read:
SB226,44,177
323.52
(2) Exercise of governmental authority. While the public business is
8being conducted at
an emergency a temporary location, the governing body and other
9officers of a
county, town or municipality of this state local unit of government shall
10have, possess and exercise
, at such location, all of the executive, legislative,
11administrative
, and judicial powers and functions conferred upon
such the body and
12officers under state law.
Such Those powers and functions, except judicial, may be
13exercised in the light of the exigencies of the emergency situation without regard to
14or compliance with time-consuming procedures and formalities prescribed by law
15and pertaining thereto. All acts of
such the body and officers shall be as valid and
16binding as if performed within the territorial limits of their
county, town or
17municipality local unit of government.
SB226, s. 129
18Section
129. 166.06 (3) of the statutes is repealed.
SB226, s. 130
19Section
130. 166.07 (title) of the statutes is renumbered 323.54 (title) and
20amended to read:
SB226,44,21
21323.54 (title)
Succession to office; local offices officers
.
SB226, s. 131
22Section
131. 166.07 of the statutes is renumbered 323.54 (1) and amended to
23read:
SB226,45,924
323.54
(1) The governing body of any
county, town or municipality political
25subdivision may enact
such ordinances and resolutions
as are necessary to provide
1for the continuity of government in the event of and throughout the duration of a
2state of emergency resulting from enemy action. Such ordinances and resolutions
3shall to provide a method by which
temporary emergency interim appointments to
4public office are made
, except as limited by express constitutional provisions and 5during periods of emergency to fill vacancies in offices that result from enemy action.
6The ordinances or resolutions shall define the scope of the powers and duties
which 7that interim appointees may
be exercised exercise, and shall provide for termination
8of the
appointment so made. This section shall control notwithstanding any
9statutory provision to the contrary or in conflict herewith interim appointments.
SB226, s. 132
10Section
132. 166.08 (title) of the statutes is renumbered 323.53 (title) and
11amended to read:
SB226,45,12
12323.53 (title)
Succession to office; state officers.
SB226, s. 133
13Section
133. 166.08 (1) of the statutes is repealed.
SB226, s. 134
14Section
134. 166.08 (2) (intro.) of the statutes is renumbered 323.50 (intro.)
15and amended to read:
SB226,45,17
16323.50 Definitions. (intro.)
As used in In this
section unless the context
17clearly requires otherwise subchapter:
SB226, s. 135
18Section
135. 166.08 (2) (a) of the statutes is repealed.
SB226, s. 136
19Section
136. 166.08 (2) (b) of the statutes is renumbered 323.50 (1) and
20amended to read:
SB226,45,2521
323.50
(1) "Emergency interim
"Interim successor" means a person designated
22under this
section subchapter, if the officer is unavailable
as the result of enemy
23action, to exercise the powers and discharge the duties of an office until a successor
24is appointed or elected and qualified as provided by law or until the lawful incumbent
25is able to resume the exercise of the powers and discharge the duties of the office.
SB226, s. 137
1Section
137. 166.08 (2) (c) of the statutes is renumbered 323.50 (2) and
2amended to read:
SB226,46,53
323.50
(2) "Office" includes all state and local offices, the powers and duties of
4which are defined by law, except the office of governor, and except those in the
5legislature and the judiciary.
An "officer" is
SB226,46,6
6(3) "Officer" means a person who holds an office.
SB226, s. 138
7Section
138. 166.08 (2) (d) of the statutes is renumbered 323.50 (4) and
8amended to read:
SB226,46,119
323.50
(4) "Political subdivision" includes
counties, towns, municipalities local
10units of government, special districts, authorities, and other public corporations and
11entities whether organized and existing under charter or general law.
SB226, s. 139
12Section
139. 166.08 (2) (e) of the statutes is renumbered 323.50 (5) and
13amended to read:
SB226,46,1814
323.50
(5) "Unavailable" means that
during a state of emergency resulting
15from enemy action, either a vacancy in office exists and there is no deputy authorized
16to exercise all of the powers and discharge the duties of the office, or that the lawful
17incumbent of the office and his or her duly authorized deputy are absent or unable
18to exercise the powers and discharge the duties of the office.
SB226, s. 140
19Section
140. 166.08 (3) of the statutes is renumbered 323.53 (1) and amended
20to read:
SB226,47,421
323.53
(1) Emergency interim successors to office of governor. If
, during
22a state of emergency resulting from enemy action, the governor is unavailable
, and
23if the lieutenant governor and the secretary of state are unavailable, the attorney
24general, state treasurer, speaker of the assembly, and the president of the senate
25shall in the order named if the preceding named officers are unavailable, exercise the
1powers and discharge the duties of the office of governor until a new governor is
2elected and qualified, or until a preceding named officer becomes available; but no
3emergency interim successor to
the aforementioned those offices may serve as
4governor.
SB226, s. 141
5Section
141. 166.08 (4) of the statutes is renumbered 323.53 (2), and 323.53
6(2) (title), (a) and (b) (intro.) and 3., as renumbered, are amended to read:
SB226,47,177
323.53
(2) (title)
Emergency interim Interim successors for other state
8officers. (a) All state officers, subject to
such regulations
as that the governor, or
9other official authorized under the constitution or this section to exercise the powers
10and discharge the duties of the office of governor, may issue, shall, in addition to any
11deputy authorized to exercise all of the powers and discharge the duties of the office,
12designate by title
emergency interim successors and specify their order of succession.
13The officer shall review and revise, as necessary, designations made
pursuant to 14under this section to ensure their current status. The officer shall designate a
15sufficient number of
emergency interim successors so that there will be not
less fewer 16than 3 nor more than 7 deputies or
emergency interim successors or any combination
17of deputies or
emergency interim successors, at any time.
SB226,47,2318
(b) (intro.) If
, during a state of emergency resulting from enemy action, any
19state officer is unavailable
following an attack, and
if his or her deputy, if any, is also
20unavailable, the powers of his or her office shall be exercised and the duties of his or
21her office shall be discharged by his or her designated
emergency interim successors
22in the order specified. The
emergency interim successor shall exercise the powers
23and discharge the duties of the office only until any of the following occurs:
SB226,48,3
13. An officer, the officer's deputy or a preceding named
emergency interim
2successor becomes available to exercise, or resume the exercise of, the powers and
3discharge the duties of the office.
SB226, s. 142
4Section
142. 166.08 (5) of the statutes is repealed.
SB226, s. 143
5Section
143. 166.08 (6) (title) of the statutes is repealed.
SB226, s. 144
6Section
144. 166.08 (6) of the statutes is renumbered 323.54 (2) and amended
7to read:
SB226,48,258
323.54
(2) This section applies to officers of all political subdivisions not
9included in sub. (5). Such officers, Each officer of a political subdivision for whom an
10interim successor is not determined by ordinance or resolution adopted under sub.
11(1) shall, subject to such regulations as the executive head of the political subdivision
12issues,
shall designate by title, if feasible, or by named person,
emergency interim
13successors and specify their order of succession. The officer shall review and revise,
14as necessary, designations made pursuant to this section to ensure their current
15status. The officer shall designate a sufficient number of persons so that there will
16be not
less fewer than 3 nor more than 7 deputies or
emergency interim successors
17or any combination
thereof at any time. If any officer of any political subdivision or
18his or her deputy provided for pursuant to law is unavailable, the powers of the office
19shall be exercised and duties shall be discharged by his or her designated
emergency 20interim successors in the order specified. The
emergency interim successor shall
21exercise the powers and discharge the duties of the office to which designated until
22such time as a the vacancy
which may exist that exists is filled in accordance with
23the constitution or statutes or until the officer or his or her deputy or a preceding
24emergency interim successor again becomes available to exercise the powers and
25discharge the duties of his or her office.
SB226, s. 145
1Section
145. 166.08 (7) of the statutes is renumbered 323.55 (1) and amended
2to read:
SB226,49,83
323.55
(1) Status and qualifications of designees. No person
shall may be
4designated or serve as an
emergency interim successor
under this subchapter unless
5he or she is eligible under the constitution and statutes to hold the office to which
6powers and duties he or she is designated to succeed, but no
constitutional or 7statutory provision prohibiting local or state officials from holding another office
8shall be applicable to an
emergency interim successor.
SB226, s. 146
9Section
146. 166.08 (8) of the statutes is renumbered 323.55 (2) and amended
10to read:
SB226,49,1611
323.55
(2) Formalities of taking office. Emergency interim Interim 12successors shall take
such oath as may be any oath required for them to exercise the
13powers and discharge the duties of the office to which they may succeed. No person,
14as a prerequisite to the exercise of the powers or discharge of the duties of an office
15to which he or she succeeds, shall be required to comply with any other provision of
16law relative to taking office.
SB226, s. 147
17Section
147. 166.08 (9) of the statutes is renumbered 323.55 (3) and amended
18to read:
SB226,50,219
323.55
(3) Period in during which authority may be exercised. Officials
20authorized to act as governor pursuant to this section and emergency interim
21successors are empowered to exercise the powers and discharge the duties of an office
22as herein authorized An interim successor to an office may discharge the duties of
23the office only during the continuance of an emergency resulting from enemy action
24in the form of an attack. The legislature, by joint resolution, may at any time
25terminate the authority of
said emergency an interim
successors successor to
1exercise the powers and discharge the duties of office
as herein provided
in this
2subchapter.
SB226, s. 148
3Section
148. 166.08 (10) of the statutes is renumbered 323.55 (4) and amended
4to read:
SB226,50,85
323.55
(4) Removal of designees. Until such time as the persons designated
6as
emergency interim successors are authorized to exercise the powers and discharge
7the duties of an office in accordance with this
section, said subchapter, those persons
8shall serve in their designated capacities at the pleasure of the designating authority.
SB226, s. 149
9Section
149. 166.08 (11) of the statutes is renumbered 323.55 (5) and amended
10to read:
SB226,50,1611
323.55
(5) Disputes. Any dispute concerning a question of fact arising under
12this
section subchapter with respect to an office in the executive branch of the state
13government, except a dispute of fact relative to the office of governor, shall be
14adjudicated by the governor or other official authorized under the constitution or this
15section subchapter to exercise the powers and discharge the duties of the office of
16governor and his or her decision shall be final.
SB226, s. 150
17Section
150. 166.09 of the statutes is renumbered 323.44 and amended to
18read:
SB226,51,6
19323.44 Public shelters; immunity from civil liability. (1) Any person
20owning or controlling real
estate or other premises
property who voluntarily and
21without compensation
grants to the state or any of its political subdivisions a license
22or privilege, or otherwise permits the state or any of its political subdivisions to
23inspect, designate
, and use the whole or any part
thereof of the real property for the
24purpose of sheltering persons during
an actual, impending, mock or practice attack
25shall, together with his or her successors in interest, if any, not be civilly liable a
1disaster, an imminent threat of a disaster, or a related training exercise is immune
2from civil liability for negligently causing the death of or injury to any person on or
3about
such real estate or premises under such license, privilege or permission or for
4loss or damage to the
real property
of such person while it is being used to shelter
5persons during a disaster, an imminent threat of a disaster, or a related training
6exercise, if the owner or controller has complied with sub. (2).
SB226,51,12
7(2) Any person owning or controlling real
estate or other premises property who
8gratuitously grants the use
thereof of that real property for the purposes stated in
9sub. (1) shall make known to the licensee any hidden dangers or safety hazards which
10are known to the owner or occupant of
said the real
estate or premises which property
11that might possibly result in death or injury or loss of property to any person making
12use
thereof of the property.
SB226, s. 151
13Section
151. 166.10 (intro.) of the statutes is repealed.
SB226, s. 152
14Section
152. 166.10 (1) to (5) of the statutes are renumbered 16.61 (3) (d) 1.
15to 5.
SB226, s. 153
16Section
153. 166.15 (title) of the statutes is renumbered 895.065 (title).
SB226, s. 154
17Section
154. 166.15 (1) (intro.), (a), (b), (c) and (d) of the statutes are
18renumbered 895.065 (1) (intro.), (a), (b), (c) and (d).
SB226, s. 155
19Section
155. 166.15 (1) (e) of the statutes is renumbered 895.065 (1) (e), and
20895.065 (1) (e) 6., as renumbered, is amended to read:
SB226,51,2421
895.065
(1) (e) 6. Expenses incurred by an emergency provider in preparing for
22and responding to a nuclear incident
which that are not reimbursed under s.
166.03
23(1) (b) 2. or 3. or (2) (b) 7. or 292.11 (7)
or that are not paid by another state under a
24mutual aid agreement or by a gift or grant.
SB226, s. 156
1Section
156. 166.15 (1) (f) to (k), (2), (3), (4) and (5) of the statutes are
2renumbered 895.065 (1) (f) to (k), (2), (3), (4) and (5).
SB226, s. 157
3Section
157. 166.20 (title) of the statutes is renumbered 323.60 (title).