323.52 (2) Exercise of governmental authority. While the public business is being conducted at an emergency a temporary location, the governing body and other officers of a county, town or municipality of this state local unit of government shall have, possess and exercise, at such location, all of the executive, legislative, administrative, and judicial powers and functions conferred upon such the body and officers under state law. Such Those powers and functions, except judicial, may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto. All acts of such the body and officers shall be as valid and binding as if performed within the territorial limits of their county, town or municipality local unit of government.
42,129
Section
129. 166.06 (3) of the statutes is repealed.
42,130
Section
130. 166.07 (title) of the statutes is renumbered 323.54 (title) and amended to read:
323.54 (title) Succession to office; local offices officers.
42,131
Section
131. 166.07 of the statutes is renumbered 323.54 (1) and amended to read:
323.54 (1) The governing body of any county, town or municipality political subdivision may enact
such ordinances and resolutions as are necessary to provide for the continuity of government in the event of and throughout the duration of a state of emergency resulting from enemy action. Such ordinances and resolutions shall to provide a method by which temporary emergency interim appointments to public office are made, except as limited by express constitutional provisions and during periods of emergency to fill vacancies in offices that result from enemy action. The ordinances or resolutions shall define the scope of the powers and duties which
that interim appointees may be exercised exercise, and shall provide for termination of the appointment so made. This section shall control notwithstanding any statutory provision to the contrary or in conflict herewith interim appointments.
42,132
Section
132. 166.08 (title) of the statutes is renumbered 323.53 (title) and amended to read:
323.53 (title) Succession to office; state officers.
42,133
Section
133. 166.08 (1) of the statutes is repealed.
42,134
Section
134. 166.08 (2) (intro.) of the statutes is renumbered 323.50 (intro.) and amended to read:
323.50 Definitions. (intro.) As used in In this section unless the context clearly requires otherwise subchapter:
42,135
Section
135. 166.08 (2) (a) of the statutes is repealed.
42,136
Section
136. 166.08 (2) (b) of the statutes is renumbered 323.50 (1) and amended to read:
323.50 (1) "Emergency interim
"Interim successor" means a person designated under this section subchapter, if the officer is unavailable as the result of enemy action, 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.
42,137
Section
137. 166.08 (2) (c) of the statutes is renumbered 323.50 (2) and amended to read:
323.50 (2) "Office" includes all state and local offices, the powers and duties of which are defined by law, except the office of governor, and except those in the legislature and the judiciary. An "officer" is
(3) "Officer" means a person who holds an office.
42,138
Section
138. 166.08 (2) (d) of the statutes is renumbered 323.50 (4) and amended to read:
323.50 (4) "Political subdivision" includes counties, towns, municipalities local units of government, special districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.
42,139
Section
139. 166.08 (2) (e) of the statutes is renumbered 323.50 (5) and amended to read:
323.50 (5) "Unavailable" means that during a state of emergency resulting from enemy action, either a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office and his or her duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.
42,140
Section
140. 166.08 (3) of the statutes is renumbered 323.53 (1) and amended to read:
323.53 (1) Emergency interim successors to office of governor. If, during a state of emergency resulting from enemy action, the governor is unavailable, and if 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 emergency interim successor to the aforementioned those offices may serve as governor.
42,141
Section
141. 166.08 (4) of the statutes is renumbered 323.53 (2), and 323.53 (2) (title), (a) and (b) (intro.) and 3., as renumbered, are amended to read:
323.53 (2) (title) Emergency interim Interim successors for other state officers. (a) All state officers, subject to such regulations as that the governor, or other official authorized under the constitution or this section to exercise the powers and discharge the duties of the office of governor, may issue, shall, in addition to any deputy authorized to exercise all of the powers and discharge the duties of the office, designate by title emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to under this section to ensure their current status. The officer shall designate a sufficient number of emergency interim successors so that there will be not less fewer than 3 nor more than 7 deputies or emergency interim successors or any combination of deputies or emergency interim successors, at any time.
(b) (intro.) If, during a state of emergency resulting from enemy action, any state officer is unavailable following an attack, and if 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 emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office only until any of the following occurs:
3. An officer, the officer's deputy or a preceding named emergency interim successor becomes available to exercise, or resume the exercise of, the powers and discharge the duties of the office.
42,142
Section
142. 166.08 (5) of the statutes is repealed.
42,143
Section
143. 166.08 (6) (title) of the statutes is repealed.
42,144
Section
144. 166.08 (6) of the statutes is renumbered 323.54 (2) and amended to read:
323.54 (2) This section applies to officers of all political subdivisions not included in sub. (5). Such officers, Each officer of a political subdivision for whom an interim successor is not determined by ordinance or resolution adopted under sub. (1) shall, subject to such regulations as the executive head of the political subdivision issues, shall designate by title, if feasible, or by named person, emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this section to ensure their current status. The officer shall designate a sufficient number of persons so that there will be not less fewer than 3 nor more than 7 deputies or emergency interim successors or any combination thereof at any time. If any officer of any political subdivision or his or her deputy provided for pursuant to law is unavailable, the powers of the office shall be exercised and duties shall be discharged by his or her designated emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office to which designated until such time as a the vacancy which may exist
that exists is filled in accordance with the constitution or statutes or until the officer or his or her deputy or a preceding emergency interim successor again becomes available to exercise the powers and discharge the duties of his or her office.
42,145
Section
145. 166.08 (7) of the statutes is renumbered 323.55 (1) and amended to read:
323.55 (1) Status and qualifications of designees. No person shall may be designated or serve as an emergency interim successor under this subchapter unless he or she is eligible under the constitution and statutes to hold the office to which powers and duties he or she is designated to succeed, but no constitutional or statutory provision prohibiting local or state officials from holding another office shall be applicable to an emergency interim successor.
42,146
Section
146. 166.08 (8) of the statutes is renumbered 323.55 (2) and amended to read:
323.55 (2) Formalities of taking office. Emergency interim Interim successors shall take such oath as may be any oath required for them to exercise the powers and discharge the duties of the office to which they may succeed. No person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he or she succeeds, shall be required to comply with any other provision of law relative to taking office.
42,147
Section
147. 166.08 (9) of the statutes is renumbered 323.55 (3) and amended to read:
323.55 (3) Period in during which authority may be exercised. Officials authorized to act as governor pursuant to this section and emergency interim successors are empowered to exercise the powers and discharge the duties of an office as herein authorized An interim successor to an office may discharge the duties of the office only during the continuance of an emergency resulting from enemy action in the form of an attack. The legislature, by joint resolution, may at any time terminate the authority of said emergency an interim successors successor to exercise the powers and discharge the duties of office as herein provided in this subchapter.
42,148
Section
148. 166.08 (10) of the statutes is renumbered 323.55 (4) and amended to read:
323.55 (4) Removal of designees. Until such time as the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this section, said subchapter, those persons shall serve in their designated capacities at the pleasure of the designating authority.
42,149
Section
149. 166.08 (11) of the statutes is renumbered 323.55 (5) and amended to read:
323.55 (5) Disputes. Any dispute concerning a question of fact arising under this section subchapter with respect to an office in the executive branch of the state government, except a dispute of fact relative to the office of governor, shall be adjudicated by the governor or other official authorized under the constitution or this section subchapter to exercise the powers and discharge the duties of the office of governor and his or her decision shall be final.
42,150
Section
150. 166.09 of the statutes is renumbered 323.44 and amended to read:
323.44 Public shelters; immunity from civil liability. (1) Any person owning or controlling real estate or other premises property who voluntarily and without compensation grants to the state or any of its political subdivisions a license or privilege, or otherwise permits the state or any of its political subdivisions to inspect, designate, and use the whole or any part thereof of the real property for the purpose of sheltering persons during an actual, impending, mock or practice attack shall, together with his or her successors in interest, if any, not be civilly liable a disaster, an imminent threat of a disaster, or a related training exercise is immune from civil liability for negligently causing the death of or injury to any person on or about such real estate or premises under such license, privilege or permission or for loss or damage to the real property of such person
while it is being used to shelter persons during a disaster, an imminent threat of a disaster, or a related training exercise, if the owner or controller has complied with sub. (2).
(2) Any person owning or controlling real estate or other premises property who gratuitously grants the use thereof of that real property for the purposes stated in sub. (1) shall make known to the licensee any hidden dangers or safety hazards which are known to the owner or occupant of said the real estate or premises which property that might possibly result in death or injury or loss of property to any person making use thereof of the property.
42,151
Section
151. 166.10 (intro.) of the statutes is repealed.
42,152
Section
152. 166.10 (1) to (5) of the statutes are renumbered 16.61 (3) (d) 1. to 5.
42,153
Section
153. 166.15 (title) of the statutes is renumbered 895.065 (title).
42,154
Section
154. 166.15 (1) (intro.), (a), (b), (c) and (d) of the statutes are renumbered 895.065 (1) (intro.), (a), (b), (c) and (d).
42,155
Section
155. 166.15 (1) (e) of the statutes is renumbered 895.065 (1) (e), and 895.065 (1) (e) 6., as renumbered, is amended to read:
895.065 (1) (e) 6. Expenses incurred by an emergency provider in preparing for and responding to a nuclear incident which that are not reimbursed under s. 166.03 (1) (b) 2. or 3. or (2) (b) 7. or 292.11 (7)
or that are not paid by another state under a mutual aid agreement or by a gift or grant.
42,156
Section
156. 166.15 (1) (f) to (k), (2), (3), (4) and (5) of the statutes are renumbered 895.065 (1) (f) to (k), (2), (3), (4) and (5).
42,157
Section
157. 166.20 (title) of the statutes is renumbered 323.60 (title).
42,158
Section
158. 166.20 (1) (intro.) of the statutes is renumbered 323.60 (1) (intro.) and amended to read:
323.60 (1) Definitions. (intro.) In ss. 166.20 to 166.215 this subchapter:
42,159
Section
159. 166.20 (1) (b) and (c) of the statutes are renumbered 323.60 (1) (b) and (c).
42,160
Section
160. 166.20 (1) (d) of the statutes is renumbered 323.60 (1) (d) and amended to read:
323.60
(1) (d) "Facility plan" means a plan for response to the release of hazardous substances from a specific facility, prepared as a component of a local emergency response plan under sub. (5) (a)
1. and under
42 USC 11003.
42,161
Section
161. 166.20 (1) (e) and (f) of the statutes are renumbered 323.60 (1) (e) and (f).
42,162
Section
162. 166.20 (1) (fm) of the statutes is repealed.
42,163
Section
163. 166.20 (1) (g) of the statutes is renumbered 323.60 (1) (g).
42,164
Section
164. 166.20 (1) (ge) of the statutes is renumbered 323.02 (11), and 323.02 (11) (d), as renumbered, is and amended to read:
323.02 (11) (d) Response operations must be conducted in confined, poorly ventilated areas and the absence of conditions under subds. 1. to 3. pars. (a) to (c) has not been established.
42,165
Section
165. 166.20 (1) (gi) of the statutes is renumbered 323.02 (12).
42,166
Section
166. 166.20 (1) (gk) of the statutes is renumbered 323.02 (13) and amended to read:
323.02 (13) "Local emergency response team" means a team that the local emergency planning committee identifies under s. 166.21 323.61 (2m) (e).
42,167
Section
167. 166.20 (1) (gm) of the statutes is repealed.
42,168
Section
168. 166.20 (1) (h) and (i) of the statutes are renumbered 323.60 (1) (h) and (i).
42,169
Section
169. 166.20 (1) (im) of the statutes is repealed.
42,170
Section
170. 166.20 (1) (j) of the statutes is renumbered 323.60 (1) (j), and 323.60 (1) (j) (intro.), 1. and 2., as renumbered, are amended to read:
323.60 (1) (j) (intro.) "Threshold quantity" means a designated quantity of any of the following:
1. A hazardous chemical which, if used by or present at a facility, makes the facility subject to the requirements of sub. (5) (a) 3.; or (c).
2. A toxic chemical which, if used by or present at a facility, makes the facility subject to the requirements of sub. (5) (a) 4. (d).
42,171
Section
171. 166.20 (1) (k) of the statutes is renumbered 323.60 (1) (k).
42,172
Section
172. 166.20 (2) (intro.) of the statutes is renumbered 323.60 (2) (intro.) and amended to read:
323.60 (2) Duties of the division. (intro.) The division shall do all of the following:
42,173
Section
173. 166.20 (2) (a) of the statutes is renumbered 323.60 (2) (a) and amended to read:
323.60 (2) (a) Carry out all requirements of a Serve as the state emergency response commission under the federal act.
42,174
Section
174. 166.20 (2) (b) of the statutes is renumbered 323.60 (2) (b).
42,175
Section
175. 166.20 (2) (bg) of the statutes is renumbered 323.60 (2) (bg) and amended to read:
323.60 (2) (bg) Promulgate rules establishing an amount not to exceed $6,000 that may be an eligible cost for computers in an emergency planning grant under s. 166.21 323.61 (2) (br).
42,176
Section
176. 166.20 (2) (bm) of the statutes is renumbered 323.70 (7) (a) and amended to read:
323.70 (7) (a) Promulgate The division shall promulgate rules establishing standards to determine all of the following:
1. If a regional or local emergency response team has made a good faith effort to identify a person responsible for the emergency involving a release or potential release of a hazardous substance under s. 166.215 (3) or 166.22 sub. (4) or s. 323.71 (4).
2. If a person responsible for the emergency involving a release or potential release of a hazardous substance under s. 166.215 (3) or 166.22 sub. (4) or s. 323.71 (4) is financially able or has the money or resources necessary to reimburse a regional or local emergency response team for the expenses incurred by the regional or local emergency response team in responding to the emergency.
42,177
Section
177. 166.20 (2) (bs) 1. of the statutes is renumbered 323.70 (7) (b) and amended to read:
323.70 (7) (b) Promulgate The division shall promulgate rules that establish the procedures that a regional emergency response team shall follow to determine if an emergency that requires the team's response exists as the result of a level A release or a potential level A release.
42,178
Section
178. 166.20 (2) (bs) 2. of the statutes is renumbered 323.70 (7) (c) and amended to read:
323.70 (7) (c) Promulgate The division shall promulgate rules that establish the procedures that a local emergency response team shall follow to determine if an emergency that requires the team's response exists as the result of a release or potential release of a hazardous substance, as defined in s. 299.01 (6).
42,179
Section
179. 166.20 (2) (c) of the statutes is renumbered 323.60 (2) (c).
