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133. 166.08 (1) of the statutes is repealed.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135. 166.08 (2) (a) of the statutes is repealed.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).
SB226, s. 158
4Section
158. 166.20 (1) (intro.) of the statutes is renumbered 323.60 (1) (intro.)
5and amended to read:
SB226,52,66
323.60
(1) Definitions. (intro.) In
ss. 166.20 to 166.215 this subchapter:
SB226, s. 159
7Section
159. 166.20 (1) (b) and (c) of the statutes are renumbered 323.60 (1)
8(b) and (c).
SB226, s. 160
9Section
160. 166.20 (1) (d) of the statutes is renumbered 323.60 (1) (d) and
10amended to read:
SB226,52,1311
323.60
(1) (d) "Facility plan" means a plan for response to the release of
12hazardous substances from a specific facility, prepared as a component of a local
13emergency response plan under sub. (5) (a)
1. and under
42 USC 11003.
SB226, s. 161
14Section
161. 166.20 (1) (e) and (f) of the statutes are renumbered 323.60 (1)
15(e) and (f).
SB226, s. 162
16Section
162. 166.20 (1) (fm) of the statutes is repealed.
SB226, s. 163
17Section
163. 166.20 (1) (g) of the statutes is renumbered 323.60 (1) (g).
SB226, s. 164
18Section
164. 166.20 (1) (ge) of the statutes is renumbered 323.02 (11), and
19323.02 (11) (d), as renumbered, is and amended to read:
SB226,52,2220
323.02
(11) (d) Response operations must be conducted in confined, poorly
21ventilated areas and the absence of conditions under
subds. 1. to 3. pars. (a) to (c) has
22not been established.
SB226, s. 165
23Section
165. 166.20 (1) (gi) of the statutes is renumbered 323.02 (12).
SB226, s. 166
24Section
166. 166.20 (1) (gk) of the statutes is renumbered 323.02 (13) and
25amended to read:
SB226,53,2
1323.02
(13) "Local emergency response team" means a team that the
local
2emergency planning committee identifies under s.
166.21 323.61 (2m) (e).
SB226, s. 167
3Section
167. 166.20 (1) (gm) of the statutes is repealed.
SB226, s. 168
4Section
168. 166.20 (1) (h) and (i) of the statutes are renumbered 323.60 (1)
5(h) and (i).
SB226, s. 169
6Section
169. 166.20 (1) (im) of the statutes is repealed.
SB226, s. 170
7Section
170. 166.20 (1) (j) of the statutes is renumbered 323.60 (1) (j), and
8323.60 (1) (j) (intro.), 1. and 2., as renumbered, are amended to read:
SB226,53,109
323.60
(1) (j) (intro.) "Threshold quantity" means a designated quantity of
any
10of the following:
SB226,53,1211
1. A hazardous chemical which, if used by or present at a facility, makes the
12facility subject to the requirements of sub. (5)
(a) 3.; or (c).
SB226,53,1413
2. A toxic chemical which, if used by or present at a facility, makes the facility
14subject to the requirements of sub. (5)
(a) 4. (d).
SB226, s. 171
15Section
171. 166.20 (1) (k) of the statutes is renumbered 323.60 (1) (k).
SB226, s. 172
16Section
172. 166.20 (2) (intro.) of the statutes is renumbered 323.60 (2) (intro.)
17and amended to read:
SB226,53,1918
323.60
(2) Duties of the division. (intro.) The division shall
do all of the
19following:
SB226, s. 173
20Section
173. 166.20 (2) (a) of the statutes is renumbered 323.60 (2) (a) and
21amended to read:
SB226,53,2322
323.60
(2) (a)
Carry out all requirements of a Serve as the state emergency
23response commission under the federal act.
SB226, s. 174
24Section
174. 166.20 (2) (b) of the statutes is renumbered 323.60 (2) (b).
SB226, s. 175
1Section
175. 166.20 (2) (bg) of the statutes is renumbered 323.60 (2) (bg) and
2amended to read:
SB226,54,53
323.60
(2) (bg) Promulgate rules establishing an amount not to exceed $6,000
4that may be an eligible cost for computers in an emergency planning grant under s.
5166.21 323.61 (2) (br).
SB226, s. 176
6Section
176. 166.20 (2) (bm) of the statutes is renumbered 323.70 (7) (a) and
7amended to read:
SB226,54,98
323.70
(7) (a)
Promulgate The division shall promulgate rules establishing
9standards to determine all of the following:
SB226,54,1310
1. If a regional or local emergency response team has made a good faith effort
11to identify a person responsible for the emergency involving a release or potential
12release of a hazardous substance under
s. 166.215 (3) or 166.22 sub. (4) or s. 323.71 13(4).
SB226,54,1814
2. If a person responsible for the emergency involving a release or potential
15release of a hazardous substance under
s. 166.215 (3) or 166.22 sub. (4) or s. 323.71 16(4) is financially able or has the money or resources necessary to reimburse a regional
17or local emergency response team for the expenses incurred by the regional or local
18emergency response team in responding to the emergency.
SB226, s. 177
19Section
177. 166.20 (2) (bs) 1. of the statutes is renumbered 323.70 (7) (b) and
20amended to read:
SB226,54,2421
323.70
(7) (b)
Promulgate The division shall promulgate rules that establish
22the procedures that a regional emergency response team shall follow to determine
23if an emergency that requires the team's response exists as the result of a level A
24release or a potential level A release.
SB226, s. 178
1Section
178. 166.20 (2) (bs) 2. of the statutes is renumbered 323.70 (7) (c) and
2amended to read:
SB226,55,63
323.70
(7) (c)
Promulgate The division shall promulgate rules that establish
4the procedures that a local emergency response team shall follow to determine if an
5emergency that requires the team's response exists as the result of a release or
6potential release of a hazardous substance, as defined in s. 299.01 (6).
SB226, s. 179
7Section
179. 166.20 (2) (c) of the statutes is renumbered 323.60 (2) (c).
SB226, s. 180
8Section
180. 166.20 (2) (d) of the statutes is renumbered 323.60 (2) (d) and
9amended to read:
SB226,55,1010
323.60
(2) (d) Administer the grant program under s.
166.21 323.61.
SB226, s. 181
11Section
181. 166.20 (2) (e) of the statutes is renumbered 323.60 (2) (e).
SB226, s. 182
12Section
182. 166.20 (2) (f) of the statutes is renumbered 323.60 (2) (f).
SB226, s. 183
13Section
183. 166.20 (3) (intro.) of the statutes is renumbered 323.60 (3) (intro.)
14and amended to read:
SB226,55,1615
323.60
(3) Duties of committees. (intro.) A committee shall
do all of the
16following:
SB226, s. 184
17Section
184. 166.20 (3) (a) of the statutes is renumbered 323.60 (3) (a).