reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.24 - Prohibition against restricting firearms or ammunition during emergency.

323.24
Prohibition against restricting firearms or ammunition during emergency.
A person who is granted emergency powers under this subchapter may not use those powers to restrict the lawful possession, transfer, sale, transport, storage, display, or use of firearms or ammunition during an emergency.
History:  2007 a. 87; 2009 a. 42 s. 237; Stats. 2009 s. 323.24.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.25 - Personnel restrictions.

323.25
Personnel restrictions.
(1)
No personnel, while performing emergency management functions consistent with a plan adopted under 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 functions consistent with a plan adopted under 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 may be employed or associated in any capacity in any state or local unit of government emergency management 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.
History:  2009 a. 42 ss. 114, 115; Stats. 2009 s. 323.25.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.265 - Suspension of certain deadlines and training requirements during a public health emergency.

323.265
Suspension of certain deadlines and training requirements during a public health emergency.
(1)
Definitions. In this section:
(a)
“Agency” means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, including any authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279, the legislature, or the courts.
(b)
“Deadline” means any date certain by which, or any other limitation as to time within which, an action or event is required to occur.
(c)
“Emergency period” means the period covered by the public health emergency declared on March 12, 2020, by executive order 72, plus 30 days.
(d)
“Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.
(2)
Deadlines.
(a)
Each agency or local governmental unit may toll for the duration of an emergency period any deadline falling within that period that the agency or local governmental unit administers or enforces. The agency or local governmental unit may not charge any interest or penalty that would otherwise apply with respect to the tolled deadline.
(b)
Paragraph (a) does not apply to all of the following:
1.
Any deadline with respect to the filing or payment of a tax for which the revenue is deposited or is expected to be deposited in the general fund, a tax or fee for which the revenue is deposited or is expected to be deposited in the transportation fund, or a property tax.
2.
The date on which an election, as defined in s. 5.02 (4), is to be held, and any deadline relating to an election.
(3)
Training requirements. During an emergency period, each agency or local governmental unit may suspend any training requirement associated with any program the agency or local unit of government administers or enforces.
History: 2019 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.27 - Electronic payments.

323.27
Electronic payments.
The adjutant general shall notify each local unit of government that it may receive payment from the division of emergency management via electronic means. At the request of a local unit of government, the adjutant general shall authorize the issuing of payment to the local unit of government through the use of money transfer techniques including, without limitation because of enumeration, direct deposit, electronic funds transfer, and automated clearinghouse procedures.
History:  2019 a. 159.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.28 - Penalties.

323.28
Penalties.
Whoever intentionally fails to comply with an order issued by an agent of the state or of a local unit of government who is engaged in emergency management activities under this chapter, including training exercises, is subject to a forfeiture of not more than $200.
History:  2009 a. 42 s. 121; Stats. 2009 s. 323.28.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.2911 - Public employee health insurance coverage.

323.2911
Public employee health insurance coverage.
Notwithstanding s. 40.02 (40), for the purpose of group health insurance coverage offered by the group insurance board under subch. IV of ch. 40, if an employee who was on a leave of absence returns from leave, even if the employee has not resumed active performance of duty for 30 consecutive calendar days on March 12, 2020, due to the public health emergency declared by executive order 72, the leave of absence is deemed ended or interrupted on that date.
History: 2019 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.2912 - Suspension of limited term appointment hours.

323.2912
Suspension of limited term appointment hours.
Notwithstanding s. 230.26 (1), the director of the bureau of merit recruitment and selection in the division of personnel management in the department of administration may increase or suspend the number of hours for a limited term appointment for the duration of the public health emergency declared on March 12, 2020, by executive order 72.
History: 2019 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.2913 - Use of annual leave during probationary period by state employee.

323.2913
Use of annual leave during probationary period by state employee.
Notwithstanding s. 230.35 (1) (b), a state employee may take annual leave within the first 6 months of the employee's probationary period upon initial appointment during the public health emergency declared on March 12, 2020, by executive order 72. If an employee who has taken annual leave under this section terminates his or her employment before earning annual leave equivalent to the amount of annual leave the employee has taken, the appointing authority shall deduct the cost of the unearned annual leave from the employee's final pay.
History: 2019 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.2915 - State civil service grievance procedures.

323.2915
State civil service grievance procedures.
(1)
Notwithstanding s. 230.445 (2) and (3), an employee does not waive his or her right to appeal an adverse employment decision if the employee does not timely file the complaint or appeal during the public health emergency declared on March 12, 2020, by executive order 72. The tolling period under s. 230.445 (3) (a) 1. begins 14 days after the termination of such public health emergency.
(2)
Notwithstanding s. 230.445 (3) (a) 2., an appointing authority or his or her designee is not required to meet with a complainant in person during the public health emergency declared on March 12, 2020, by executive order 72, when conducting an investigation under s. 230.445 (3) (a) 2.
History:  2019 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.30 - Federal disaster assistance.

323.30
Federal disaster assistance.
(1)
The adjutant general shall make payments from the appropriation under s. 20.465 (3) (e) to pay this state's share of grants to individuals and to provide a share of any required state share of contributions to local governments, as defined in 42 USC 5122 (8), for major disaster recovery assistance. Payment of this state's share of any contribution to a local government under this subsection is contingent upon copayment of that share by the local government, but not to exceed 12.5 percent of the total eligible cost of assistance. No payment may be made under this subsection without the prior approval of the secretary of administration.
(2)
Payment under sub. (1) shall be issued to a local unit of government within 30 days after the completion of all of the following:
(a)
The federal emergency management agency has approved a project and distributed federal emergency assistance funding to the state.
(b)
The adjutant general has received all appropriate state and federal forms from the local unit of government.
(c)
The local unit of government has fulfilled all other state and federal requirements.
History:  2009 a. 42 s. 95; Stats. 2009 s. 323.30; 2019 a. 159.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.31 - State disaster assistance.

323.31
State disaster assistance.
From the appropriations under s. 20.465 (3) (b) and (s), the adjutant general shall make payments to retail electric cooperatives, as defined in s. 16.957 (1) (t), to local governmental units, as defined in s. 19.42 (7u), and to federally recognized American Indian tribes and bands in this state for the damages and costs incurred as the result of a disaster if federal disaster assistance is not available for that disaster because the governor's request that the president declare the disaster a major disaster under 42 USC 5170 has been denied or because the disaster, as determined by the department of military affairs, does not meet the statewide or countywide per capita impact indicator under the public assistance program that is issued by the federal emergency management agency. To be eligible for a payment under this section, the retail electric cooperative, local governmental unit, or tribe or band shall pay 30 percent of the amount of the damages and costs resulting from the disaster. The department of military affairs shall promulgate rules establishing the application process and the criteria for determining eligibility for payments under this section.
History:  2009 a. 42 s. 96; Stats. 2009 s. 323.31; 2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.40 - Responsibility for worker's compensation.

323.40
Responsibility for worker's compensation.
(1)
Employees of local unit of government. An employee of a local unit of government's emergency management program is an employee of that local unit of government for worker's compensation under ch. 102 unless the responsibility to pay worker's compensation benefits are assigned as provided under s. 66.0313 or under an agreement between the local unit of government and the state or another local unit of government.
(2)
State agency volunteers. A volunteer who registers with a state agency to assist the agency without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the agency for worker's compensation under ch. 102, for purposes of any claim related to the assistance provided.
(3)
Local unit of government volunteers.
(a)
Except as provided in par. (b), an individual who registers in writing with a local unit of government's emergency management program to provide his or her own labor without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the local unit of government for worker's compensation under ch. 102 for purposes of any claim relating to the labor provided.
(b)
This subsection does not apply to an individual's provision of services if s. 257.03 applies.
History:  2009 a. 42.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.41 - Liability of state or local unit of government.

323.41
Liability of state or local unit of government.
(1)
Employee of local unit of government. An employee of a local unit of government's emergency management program is an employee of that local unit of government under ss. 893.80, 895.35, and 895.46 for purposes of any claim, unless the responsibility related to a claim under ss. 893.80, 895.35, and 895.46 is assigned as provided under s. 66.0313 or under an agreement between the local unit of government and the state or another local unit of government.
(2)
State agency volunteers. Except as provided in s. 323.45, a volunteer who registers with a state agency to assist the agency without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the agency under ss. 893.82 and 895.46, for purposes of any claim related to the assistance provided.
(3)
Local unit of government volunteers.
(a)
Except as provided in par. (b), an individual who registers in writing with a local unit of government's emergency management program to provide his or her own labor without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the local unit of government under ss. 893.80, 895.35, and 895.46 for purposes of any claim relating to the labor provided.
(b)
This subsection does not apply to an individual's provision of services if s. 257.03 or 323.45 applies.
(4)
Exceptions. This section does not apply if the person's act or omission involves reckless, wanton, or intentional misconduct.
History:  2009 a. 42.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.42 - Reimbursement of local units of government.

323.42
Reimbursement of local units of government.
(1)
In any calendar year, if the amount the local unit of government is liable for under ss. 323.40 and 323.41 plus losses incurred under s. 323.43 exceed $1 per capita of the local unit of government's population, the state shall reimburse the local unit of government the amount of the excess.
(2)
In addition, the state shall reimburse a local unit of government for any future expenses for worker's compensation and expenses under ss. 893.80, 895.35, and 895.46 that result from an incident that occurred in a calendar year for which the state reimbursed the local unit of government under sub. (1).
(3)
Except as provided in sub. (4), any reimbursement under sub. (1) or (2) shall be made from the appropriation in s. 20.465 (3) (a) upon approval of the adjutant general.
(4)
Any reimbursement under sub. (1) or (2) for an amount for which a local unit of government is liable based on a worker's compensation claim under s. 323.40 (3) for an injury incurred before, on, or after July 2, 2013, shall be made from the appropriation in s. 20.465 (3) (am) upon approval of the adjutant general.
History:  2009 a. 42; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.43 - Bearing of losses.

323.43
Bearing of losses.
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 of the equipment.
History:  2009 a. 42 s. 116; Stats. 2009 s. 323.43.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.44 - Public shelters.

323.44
Public shelters.
(1)
Any person owning or controlling real property who voluntarily and without compensation permits the state or any of its political subdivisions to inspect, designate, and use the whole or any part of the real property for the purpose of sheltering persons during 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 the real property 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 property who gratuitously grants the use 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 the real property that might possibly result in death or injury or loss of property to any person making use of the property.
History:  1979 c. 361 ss. 56, 112; Stats. 1979 s. 166.09; 2009 a. 42 s. 150; Stats. 2009 s. 323.44.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.45 - Providers of equipment and other items.

323.45
Providers of equipment and other items.
(1)
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 of any 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. 323.10, or the local health department acting under s. 251.05 (3) (e).
(b)
In response to enemy action, a disaster, or a federally declared state of emergency or during a state of emergency declared by the governor.
(2)
This section does not apply if the person's act or omission involved reckless, wanton, or intentional misconduct.
(3)
This 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.
(4)
(a)
This section does not apply to a person's provision of services if s. 257.03 or 323.41 applies.
(b)
This section does not apply to a person's provision of facilities if s. 257.04 or 323.44 applies.
History:  2009 a. 42 ss. 117, 310; Stats. 2009 s. 323.45; 2021 a. 243.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.50 - Definitions.

323.50
Definitions.
In this subchapter:
(1)
“Interim successor" means a person designated under this 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.
NOTE:  Sub. (1) is amended by 2009 Wis. Act 42, effective the day after the secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, to read as follows:
(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.
(3)
“Officer" means a person who holds an office.
(4)
“Political subdivision" includes local units of government, special districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.
(5)
“Unavailable" means that 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.
History:  2009 a. 42 ss. 134, 136 to 139, 312; Stats. 2009 s. 323.50.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.51 - Emergency seat of state government.

323.51
Emergency seat of state government.
(1)
Designation and use of a temporary location by the governor. Whenever, 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, designate a temporary location for the seat of government at a place in or outside this state. The governor shall take any action and issue any orders necessary for an orderly transition of the affairs of state government to the temporary location. If practicable, the temporary location the governor designates shall conform to that provided for in the current emergency management plan authorized 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 seat of government is returned to its normal location.
(1m)
Designation of temporary location by the legislature.
(a)
The legislature, by joint rule, may provide a process for designating a temporary seat of government for the legislature that is different than the location under sub. (1).
(b)
Whenever, as the result of a disaster, as defined in s. 13.42 (1) (a), or the imminent threat of a disaster, it becomes imprudent, inexpedient, or impossible to conduct the business of the legislature at the state capital, the legislature may meet at the temporary location designated as provided under par. (a) or sub. (1) until it is no longer, as a result of the disaster or imminent threat of disaster, imprudent, inexpedient, or impossible, to conduct the business of the legislature at the state capital.
(c)
Pursuant to the session schedule under s. 13.02 (3), the legislature may meet for up to one week per session in a location that is not the state capital or the temporary location designated as provided under par. (a) or sub. (1) to practice meeting at a temporary location.
(d)
Information about the temporary location designated as provided under par. (a) is not subject to inspection or copying under s. 19.35 (1).
(2)
Exercise of governmental authority. While the seat of government remains at 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) or (1m) (b) or (c), shall be as valid and binding when performed at the temporary location as if performed at the normal location.
History:  1979 c. 361 ss. 56, 112, 113; Stats. 1979 s. 166.05; 1995 a. 247; 2009 a. 42 ss. 123 to 125; Stats. 2009 s. 323.51; 2009 a. 363; 2011 a. 260 ss. 49, 80.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.52 - Temporary locations of government for local units of government.

323.52
Temporary locations of government for local units of government.
(1)
Designation of 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, the governing body of each local unit of government may meet at any place within or without the territorial limits of 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 places as the 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 places may be within or without the territorial limits of the local unit of government and may be within or without those of the state. If practicable, they shall be the places designated as the temporary locations of government in the current emergency management plan.
(2)
Exercise of governmental authority. While the public business is being conducted at a temporary location, the governing body and other officers of a local unit of government shall possess and exercise all of the executive, legislative, administrative, and judicial powers and functions conferred upon the body and officers under state law. 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. All acts of the body and officers shall be as valid and binding as if performed within the territorial limits of their local unit of government.
History:  1979 c. 361 ss. 56, 112; Stats. 1979 s. 166.06; 1995 a. 247; 2009 a. 42 ss. 126 to 128; Stats. 2009 s. 323.52.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.54 - Succession to office; local officers.

323.54
Succession to office; local officers.
(1)
The governing body of any political subdivision may enact ordinances and resolutions to provide a method by which interim appointments to public office are made 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 that interim appointees may exercise, and shall provide for termination of the interim appointments.
NOTE:  Sub. (1) is amended by 2009 Wis. Act 42, effective the day after the secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, to read as follows:
(2)
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, designate by title, if feasible, or by named person, 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 fewer than 3 nor more than 7 deputies or interim successors or any combination 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 interim successors in the order specified. The interim successor shall exercise the powers and discharge the duties of the office to which designated until the vacancy that exists is filled in accordance with the constitution or statutes or until the officer or his or her deputy or a preceding interim successor again becomes available to exercise the powers and discharge the duties of his or her office.
History:  2009 a. 42 ss. 130, 131, 144, 315; Stats. 2009 s. 323.54.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.55 - Interim successors.

323.55
Interim successors.
(1)
Status and qualifications of designees. No person may be designated or serve as an 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 statutory provision prohibiting local or state officials from holding another office shall be applicable to an interim successor.
(2)
Formalities of taking office. Interim successors shall take 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.
(3)
Period during which authority may be exercised. 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 an interim successor to exercise the powers and discharge the duties of office provided in this subchapter.
NOTE:  Sub. (3) is amended by 2009 Wis. Act 42, effective the day after the secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, to read as follows:
(4)
Removal of designees. Until such time as the persons designated as interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this subchapter, those persons shall serve in their designated capacities at the pleasure of the designating authority.
(5)
Disputes. Any dispute concerning a question of fact arising under this 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 subchapter to exercise the powers and discharge the duties of the office of governor and his or her decision shall be final.
History:  2009 a. 42 ss. 145 to 149, 316, 317; Stats. 2009 s. 323.55.
2023 Wisconsin Statutes & Annotations › Chapter 323 - Emergency management. › 323.62 - Mobile field force grants.

323.62
Mobile field force grants.
From the appropriation under s. 20.465 (3) (dm), the division may award grants to Wisconsin law enforcement agencies, as defined in s. 165.77 (1) (c), to fund crowd-control training and equipment used for crowd control.
History:  2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.03 - Remedies for noncompliance.

324.03
Remedies for noncompliance.
In addition to other remedies under the law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney fees and costs against the party and order other appropriate relief.
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.04 - Jurisdiction.

324.04
Jurisdiction.
(1)
A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under ch. 822.
(2)
If a court has issued a temporary order regarding custodial responsibility under subch. III, the residence of the deploying parent is not changed by reason of the deployment for purposes of ch. 822 during the deployment.
(3)
If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement under subch. II, the residence of the deploying parent is not changed by reason of the deployment for purposes of ch. 822.
(4)
If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for purposes of ch. 822.
(5)
This section does not prevent a court from exercising temporary emergency jurisdiction under s. 822.24.
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.05 - Notification required by deploying parent.

324.05
Notification required by deploying parent.
(1)
Except as provided in sub. (4) and subject to sub. (3), a deploying parent shall, in a record, notify the other parent of a pending deployment not later than 7 days after the deploying parent receives notice of deployment unless reasonably prevented from doing so by the circumstances of deployment. If the circumstances of deployment prevent giving notification within the 7 days, the deploying parent shall give the notification as soon as reasonably possible.
(2)
Except as provided in sub. (4) and subject to sub. (3), the deploying parent and the other parent shall, in a record, provide each other with a plan for fulfilling their respective shares of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after the deploying parent gives notification of deployment under sub. (1).
(3)
If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under sub. (1) or notification by the deploying parent of a plan for custodial responsibility during deployment under sub. (2) may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.
(4)
Notification in a record under sub. (1) or (2) is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.
(5)
In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent's efforts to comply with this section.
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.06 - Duty to notify of change of address.

324.06
Duty to notify of change of address.
(1)
Except as provided in sub. (2), an individual to whom custodial responsibility has been granted during deployment under subch. II or III shall, until the grant is terminated, notify all of the following of any change in the individual's mailing address or residence:
(a)
The deploying parent.
(b)
Any other individual with custodial responsibility for the child.
(c)
Any court that has issued a custody or child support order concerning the child that is in effect.
(2)
If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under sub. (1) may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted.
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.21 - Form of agreement.

324.21
Form of agreement.
(1)
The parents of a child may enter into a temporary agreement under this subchapter granting custodial responsibility during deployment.
(2)
An agreement under sub. (1) shall be in writing and signed by both parents and any nonparent to whom custodial responsibility is granted.
(3)
Subject to sub. (4), an agreement under sub. (1) shall, if feasible, do all of the following:
(a)
Identify the destination, duration, and conditions of the deployment that is the basis for the agreement.
(b)
Specify the allocation of physical placement and legal custody among the deploying parent, the other parent, and any nonparent.
(d)
Specify any visitation rights of a nonparent.
(e)
If, under the agreement, custodial responsibility is shared by 2 or more individuals, provide a process to resolve any dispute that may arise.
(f)
Specify the frequency, duration, and means, including electronic means, by which the deploying parent may have contact with the child, any role to be played by the other parent or by a nonparent in facilitating the contact, and the allocation of any costs of contact.
(g)
Specify the contact between the deploying parent and child during the time that the deploying parent is on leave or is otherwise available.
(h)
Acknowledge that any party's child support obligation cannot be modified by the agreement and that changing the terms of the obligation during deployment requires modification in the appropriate court.
(i)
Specify that the temporary arrangement will terminate in accordance with s. 324.22 (1).
(j)
If the agreement is required to be filed under s. 324.25, specify which parent is required to file the agreement.
(4)
The omission of any of the items specified in sub. (3) does not invalidate an agreement under this section.
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.22 - Nature of authority created by agreement.

324.22
Nature of authority created by agreement.
(1)
An agreement under this subchapter is temporary and does not create an independent, continuing right to physical placement, legal custody, or visitation for an individual to whom custodial responsibility is given. The temporary agreement terminates according to one of the following:
(a)
If deployment is for less than 6 months, the temporary agreement terminates immediately after the deploying parent returns.
(b)
If deployment is for 6 months or more, the temporary agreement terminates 30 days after the deploying parent returns.
(c)
The temporary agreement terminates on a date that has been stipulated by all of the parties to the agreement or by modification under s. 324.23.
(d)
The temporary agreement terminates on a date ordered by the court.
(2)
A nonparent who has physical placement, legal custody, or visitation by an agreement under this subchapter has standing to enforce the agreement until it has been terminated.
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.23 - Modification of agreement.

324.23
Modification of agreement.
(1)
By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made under this subchapter subject to any visitation rights granted by court order under s. 767.43.
(2)
If an agreement is modified under sub. (1) before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
(3)
If an agreement is modified under sub. (1) during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.25 - Filing agreement with court.

324.25
Filing agreement with court.
If a court order on custodial responsibility or child support is in effect concerning a child who is the subject of an agreement under this subchapter, the agreement shall be filed within a reasonable time with that ordering court. The case number and heading of the underlying action affecting the family under ch. 767 concerning custodial responsibility or child support shall be provided to the court with the agreement.
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.31 - Proceeding for temporary deployment custody order.

324.31
Proceeding for temporary deployment custody order.
(1)
After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility, unless prohibited by the Servicemembers Civil Relief Act, 50 USC Appendix 521 and 522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(2)
At any time after a deploying parent receives notice of deployment, the deploying parent or other parent may file a motion regarding custodial responsibility for a child during deployment. The motion shall be filed in an underlying action affecting the family under ch. 767 for custodial responsibility in a court with jurisdiction under s. 324.04 or, if there is no underlying action affecting the family under ch. 767 in a court with jurisdiction under s. 324.04, in a new action for granting custodial responsibility during deployment.
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.32 - Expedited hearing.

324.32
Expedited hearing.
If a motion to grant custodial responsibility is filed under s. 324.31 (2) before a deploying parent deploys, the court shall conduct a hearing within 30 days of filing.
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.33 - Testimony by electronic means.

324.33
Testimony by electronic means.
In a proceeding under this subchapter, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.34 - Effect of prior judicial order or agreement.

324.34
Effect of prior judicial order or agreement.
In a proceeding for a grant of custodial responsibility under this subchapter, all of the following apply:
(1)
A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of the law of this state other than this chapter for modifying a judicial order regarding custodial responsibility.
(2)
The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under subch. II, unless the court finds that the agreement is contrary to the best interest of the child.
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.345 - Best interest of the child.

324.345
Best interest of the child.
In determining the best interest of the child under this chapter, the court shall consider the factors in custody and physical placement determinations under s. 767.41 (5), with a particular emphasis on maintaining sibling relationships. The court may not grant legal custody, physical placement, or visitation to an individual in a temporary legal custody or physical placement order under this chapter if that individual has previously been denied legal custody, physical placement, visitation, guardianship, or any other custodial rights for the child under ch. 48, 54, 55, or 767.
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.35 - Grant of physical placement to nonparent.

324.35
Grant of physical placement to nonparent.
(1)
On the motion of a deploying parent and in accordance with the law of this state other than this chapter, if it is in the best interest of the child, a court may grant physical placement to a nonparent who is an adult family member of the child or an adult who has maintained a relationship similar to a parent-child relationship with the child.
(2)
Unless a grant of physical placement to a nonparent under sub. (1) is agreed to by the other parent, the grant is limited to an amount of time not greater than either of the following:
(a)
The amount of time granted to the deploying parent under a permanent legal custody or physical placement order, but the court may add unusual travel time necessary to transport the child.
(b)
In the absence of a permanent legal custody or physical placement order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.37 - Nature of authority created by temporary custodial responsibility order.

324.37
Nature of authority created by temporary custodial responsibility order.
(1)
A grant of authority under this subchapter is temporary and does not create an independent, continuing right to physical placement, legal custody, or visitation in an individual to whom it is granted. The temporary order terminates according to one of the following:
(a)
If deployment is for less than 6 months, the temporary order terminates immediately after the deploying parent returns.
(b)
If deployment is for 6 months or more, the temporary order terminates 30 days after the deploying parent returns.
(c)
The temporary order terminates on a date that has been stipulated by all of the parties to the proceeding.
(d)
The temporary order terminates according to a modification or termination under s. 324.395.
(2)
A nonparent granted physical placement, legal custody, or visitation under this subchapter has standing to enforce the grant until it is terminated.
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.38 - Content of temporary custodial responsibility order.

324.38
Content of temporary custodial responsibility order.
(1)
An order granting custodial responsibility under this subchapter shall do all of the following:
(a)
Designate the order as temporary.
(b)
Identify to the extent feasible the destination, duration, and conditions of the deployment.
(2)
If applicable, an order for custodial responsibility under this subchapter shall do all of the following:
(a)
Specify the allocation of physical placement, legal custody, and visitation among the deploying parent, the other parent, and any nonparent.
(b)
If custodial responsibility is shared by 2 or more individuals under the order, or the order grants physical placement to one or more individuals and visitation to other individuals, provide a process to resolve any dispute that may arise.
(c)
Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications.
(d)
Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child.
(f)
Provide that the order will terminate on the applicable date under s. 324.37 (1).
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.39 - Order for child support.

324.39
Order for child support.
If the court issues an order granting physical placement under this subchapter, or an agreement granting physical placement has been executed under subch. II, the court may enter a temporary order for child support consistent with the law of this state other than this chapter if the court has jurisdiction under ch. 769.
History:  2021 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 324 - Deployed parents custody and visitation. › 324.395 - Modifying or terminating grant of custodial responsibility to nonparent.

324.395
Modifying or terminating grant of custodial responsibility to nonparent.
Except for an order described in s. 324.34 (1), and consistent with the Servicemembers Civil Relief Act, 50 USC Appendix 521 and 522, on the motion of a deploying parent or other parent or any nonparent to whom physical placement, legal custody, or visitation has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this subchapter and it is in the best interest of the child.
History:  2021 a. 161.