2009 Wisconsin Act 42

42,110 Section 110. 166.03 (7) (title) of the statutes is repealed.

42,111 Section 111. 166.03 (7) (a) of the statutes is renumbered 323.14 (2) (b) and amended to read:

323.14 (2) (b) Counties, towns and municipalities Local units of government may cooperate under s. 66.0301 to furnish services, combine offices, and finance emergency management services programs.

42,112 Section 112. 166.03 (7) (b) of the statutes is renumbered 323.14 (2) (c) and amended to read:

323.14 (2) (c) Counties, towns and municipalities Local units of government may contract for emergency management services with political subdivisions, emergency management units and civil defense units agencies, and federally recognized American Indian tribes and bands of this state, and, upon prior approval of the adjutant general, with such entities in bordering states. A copy of each such agreement shall be filed with the adjutant general within 10 days after execution thereof of that agreement.

42,113 Section 113. 166.03 (7) (c) of the statutes is repealed.

42,114 Section 114. 166.03 (8) (title) of the statutes is renumbered 323.25 (title) and amended to read:

323.25 (title) Personnel restrictions.

42,115 Section 115. 166.03 (8) (a) to (c) of the statutes are renumbered 323.25 (1) to (3) and amended to read:

323.25 (1) No personnel, while performing emergency management organization established functions consistent with a plan adopted under this section s. 323.13 (1) (b) or 323.14 (1) (a) 1. or (b) 1., shall participate in any form of political activity or be employed directly or indirectly for any political activity.

(2) No personnel, while performing emergency management organization established functions consistent with a plan adopted under this section s. 323.13 (1) (b) or 323.14 (1) (a) 1. or (b) 1., shall be employed to interfere with the orderly process of a labor dispute.

(3) No person shall may be employed or associated in any capacity in any state or local unit of government emergency management organization under this section program under s. 323.13 (1) (b) or 323.14 (1) (a) 1. or (b) 1. who advocates a change by force or violence in the constitutional form of government of the United States or this state or who has been convicted of or is under indictment or information charging any subversive act against the United States.

42,115m Section 115m. 166.03 (8) (d) to (g) of the statutes are repealed.

42,116 Section 116. 166.03 (9) of the statutes is renumbered 323.43 and amended to read:

323.43 Bearing of losses. Any Subject to s. 323.42, any loss arising from the damage to or destruction of government-owned equipment utilized in any authorized emergency management activity shall be borne by the owner thereof of the equipment.

42,117 Section 117. 166.03 (10) of the statutes is renumbered 323.45 and amended to read:

323.45 Exemption from liability Providers of equipment and other items. (1) No Except as provided in subs. (2) and (4), no person who provides equipment, materials, facilities, labor, or services is liable for the death of or injury to any person or damage to any property caused by his or her actions if the person did so under all of the following conditions:

(a) Under the direction of the governor, the adjutant general, the governing body, chief or acting chief executive officer, or head of emergency management services of any county, town, municipality, local unit of government or federally recognized American Indian tribe or band in this state, the department of health services if that department is designated by the governor under s. 166.03 (1) (b) 1. 323.10, or the local health department acting under s. 251.05 (3) (e).

(b) In response to enemy action, a natural or man-made disaster, or a federally declared state of emergency or during a state of emergency declared by the governor.

(2) This subsection section does not apply if the person's act or omission involved reckless, wanton, or intentional misconduct.

(3) This subsection section does not affect the right of any person to receive benefits to which he or she otherwise would be entitled under the worker's compensation law or under any pension law, nor does it affect entitlement to any other benefits or compensation authorized by state or federal law.

42,118 Section 118. 166.03 (11) of the statutes is renumbered 323.16 and amended to read:

323.16 Powers of peace law enforcement officers. During any state of emergency proclaimed declared by the governor or during any training program or exercises authorized by the adjutant general, any peace officer or traffic law enforcement officer of the state, or of a county, city, village or town, when legally engaged in traffic control, escort duty, or protective service, may carry out such the functions at any point within anywhere in the state but shall be subject to the direction of the adjutant general through the sheriff of the county in which an assigned function is performed.

42,119 Section 119. 166.03 (12) of the statutes is renumbered 323.01 (3) and amended to read:

323.01 (3) Red Cross not affected. Nothing contained in this section shall This chapter may not limit or in any way affect the responsibility of the American National Red Cross as authorized by the congress of the United States.

42,120 Section 120. 166.03 (13) of the statutes is renumbered 323.13 (1) (dm) and amended to read:

323.13 (1) (dm) Authority to withhold grants. If the adjutant general finds that any political subdivision of the state a local unit of government has not complied with the requirement of this section that it establish and maintain an operating developed, adopted, and implemented an emergency management organization, he or she may plan as required under s. 323.14 (1), refuse to approve grants of funds or items of equipment awarded under this chapter to such political subdivision the local unit of government until it complies the local unit of government does so. If such political subdivision the local unit of government fails to use the funds or items of equipment granted to it through the adjutant general in accordance with the agreement under which the grant was made, the adjutant general may refuse to make any additional grants to such political subdivision the local unit of government until it has complied with the conditions of the prior grant, and he or she may start recovery proceedings on the funds and items of equipment which that have not been used in accordance with the conditions of the grant.

42,121 Section 121. 166.03 (14) of the statutes is renumbered 323.28 and amended to read:

323.28 Penalties. Whoever intentionally fails to comply with the directives of an order issued by an agent of the state or of a local unit of government who is engaged in emergency management authorities promulgated activities under this section during a state of emergency or during any chapter, including training program or exercises may be fined, is subject to a forfeiture of not more than $200 or imprisoned not more than 90 days or both.

42,122 Section 122. 166.04 of the statutes is renumbered 323.12 (2) (c) and amended to read:

323.12 (2) (c) State traffic patrol and conservation warden duties during civil disorder. Without proclaiming a state of emergency, If the governor may, in writing filed with the secretary of state, determine determines that there exists a condition of civil disorder or a threat to the safety of persons on state property or damage or destruction to state property. Upon such filing exists, he or she may, without declaring an emergency, call out the state traffic patrol or the conservation warden force service or members thereof of that patrol or service for use in connection with such the threat to such life or property. For the duration of such threat, as determined by the governor, such officers shall have the powers of a peace officer as set forth in s. 59.28, except that such officers shall not be used in or take part in any dispute or controversy between employer or employee concerning wages, hours, labor or working conditions.

42,123 Section 123. 166.05 (title) of the statutes is renumbered 323.51 (title).

42,124 Section 124. 166.05 (1) of the statutes is renumbered 323.51 (1) and amended to read:

323.51 (1) Designation and use of a temporary location by the governor. Whenever, during a state of emergency as the result of a disaster or the imminent threat of a disaster, it becomes imprudent, inexpedient or impossible to conduct the affairs of state government at the state capital, the governor shall, as often as the exigencies of the situation require, by proclamation designate an emergency a temporary location for the seat of government at such a place within or without in or outside this state as he or she deems advisable, and. The governor shall take such any action and issue such any orders as are necessary for an orderly transition of the affairs of state government to such emergency the temporary location. If practicable, the emergency temporary location so designated by the governor designates shall conform to that provided for in the current emergency management plan authorized by s. 166.03. Such emergency under subch. II. The temporary location shall remain as the seat of government until the governor establishes a new location under this section, or until the emergency is ended under s. 166.03 and the seat of government is returned to its normal location.

42,125 Section 125. 166.05 (2) of the statutes is renumbered 323.51 (2) and amended to read:

323.51 (2) Exercise of governmental authority. While the seat of government remains at such a temporary location all official acts required by law to be performed at the seat of government by any officer, independent agency, department, or authority of this state, including the convening and meeting of the legislature in regular or special session under sub. (1), shall be as valid and binding when performed at such emergency the temporary location as if performed at the normal location.

42,126 Section 126. 166.06 (title) of the statutes is renumbered 323.52 (title) and amended to read:

323.52 (title) Emergency temporary Temporary locations of government for counties, towns and municipalities local units of government.

42,127 Section 127. 166.06 (1) of the statutes is renumbered 323.52 (1) and amended to read:

323.52 (1) Designation of emergency temporary locations. Whenever during a state of emergency it becomes imprudent, inexpedient, or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing body of each county, town and municipality of this state local unit of government may meet at any place within or without the territorial limits of such political subdivision the local unit of government on the call of the presiding officer or his or her successor, and shall proceed to establish and designate by ordinance, resolution, or other manner, alternate or substitute sites or places as the emergency temporary locations of government where all, or any part, of the public business may be transacted and conducted during the emergency situation. Such alternate or substitute site or places may be within or without the territorial limits of such county, town or municipality the local unit of government and may be within or without those of the state. If practicable, they shall be the sites or places designated as the emergency temporary locations of government in the current emergency management plan.

42,128 Section 128. 166.06 (2) of the statutes is renumbered 323.52 (2) and amended to read:

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).