The head of emergency management services in each town and municipality shall direct local emergency management training programs and exercises, direct participation in emergency management programs and exercises ordered by the adjutant general and the county head of emergency management services, and advise the county head of emergency management services on local emergency management programs and submit to him or her such reports as he or she requires.
During the continuance of a state of emergency proclaimed by the governor, the head of emergency management services in each county, town and municipality, on behalf of his or her respective county, town or municipality, may contract with any person to provide equipment and services on a cost basis to be used in disaster relief.
(5a) Role of state agency in emergency.
Unless otherwise specified by law, the role of any state agency, including the department of military affairs and its division of emergency government, in an emergency under this chapter, is to assist local units of government and local law enforcement agencies in responding to the emergency.
(6) Emergency use of vehicles.
In responding to an official request for help during any state of emergency, any person may operate any vehicle without regard for motor vehicle registration laws and without being subject to arrest under s. 341.04
Counties, towns and municipalities may cooperate under s. 66.30
to furnish services, combine offices and finance emergency management services.
Counties, towns and municipalities may contract for emergency management services with political subdivisions, emergency management units and civil defense units 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.
The state and its departments and independent agencies and each county, town and municipality shall furnish whatever services, equipment, supplies and personnel are required of them under this chapter.
No emergency management organization established under this section shall participate in any form of political activity or be employed directly or indirectly for any political activity.
No emergency management organization established under this section shall be employed to interfere with the orderly process of a labor dispute.
No person shall be employed or associated in any capacity in any emergency management organization under this section 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.
Employes of municipal and county emergency management units are employes of the municipality or county to which the unit is attached for purposes of worker's compensation benefits. Employes of the area and state emergency management units are employes of the state for purposes of worker's compensation benefits. Volunteer emergency management workers are employes of the emergency management unit with whom duly registered in writing for purposes of worker's compensation benefits. An emergency management employe or volunteer who engages in emergency management activities upon order of any echelon in the emergency management organization other than that which carries his or her worker's compensation coverage shall be eligible for the same benefits as though employed by the governmental unit employing him or her. Any employment which is part of an emergency management program including but not restricted because of enumeration, test runs and other activities which have a training objective as well as emergency management activities during an emergency proclaimed in accordance with this chapter and which grows out of, and is incidental to, such emergency management activity is covered employment. Members of an emergency management unit who are not acting as employes of a private employer during emergency management activities are employes of the emergency management unit for which acting. If no pay agreement exists or if the contract pay is less, pay for worker's compensation purposes shall be computed in accordance with s. 102.11
Emergency management employes as defined in par. (d)
shall be indemnified by their sponsor against any tort liability to third persons incurred in the performance of emergency management activities while acting in good faith and in a reasonable manner. Emergency management activities constitute a governmental function.
If the total liability for worker's compensation benefits under par. (d)
, indemnification under par. (e)
and loss from destruction of equipment under sub. (9)
, incurred in any calendar year exceeds $1 per capita of the sponsor's population, the state shall reimburse the sponsor for the excess. Payment shall be made from the appropriation in s. 20.465 (3) (a)
on certificate of the adjutant general.
Emergency management employes as such shall receive no pay unless specific agreement for pay is made.
(9) Bearing of losses.
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.
(10) Exemption from liability.
No person who provides equipment or services under the direction of the governor, the adjutant general or the head of emergency management services in any county, town or municipality during a state of emergency declared by the governor is liable for the death of or injury to any person or damage to any property caused by his or her actions, except where the trier of fact finds that the person acted intentionally or with gross negligence. This subsection does not affect the right of any person to receive benefits to which he or she would otherwise 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.
(11) Powers of peace officers.
During any state of emergency proclaimed by the governor or during any training program or exercises authorized by the adjutant general, any peace officer or traffic 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 functions at any point within 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.
(12) Red Cross not affected.
Nothing contained in this section shall limit or in any way affect the responsibility of the American National Red Cross as authorized by the congress of the United States.
(13) Authority to withhold grants.
If the adjutant general finds that any political subdivision of the state has not complied with the requirement of this section that it establish and maintain an operating emergency management organization, he or she may refuse to approve grants of funds or items of equipment to such political subdivision until it complies. If such political subdivision fails to use 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 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 have not been used in accordance with the conditions of the grant.
Whoever intentionally fails to comply with the directives of emergency management authorities promulgated under this section during a state of emergency or during any training program or exercises may be fined not more than $200 or imprisoned not more than 90 days or both.
A disaster training exercise is covered employment for workmen's compensation purposes under s. 22.16 (9) (d), 1977 stats. [now s. 166.03 (8) (d)], a person remaining the employe of his or her initial emergency government unit for the duration of an emergency government activity. Section 22.16 (9) (f), 1977 stats. [now s. 166.03 (8) (f)] also construed. 62 Atty. Gen. 217.
State traffic patrol and conservation warden duties during civil disorder.
Without proclaiming a state of emergency, the governor may, in writing filed with the secretary of state, determine 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, he or she may call out the state traffic patrol or the conservation warden force or members thereof for use in connection with such 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 employe concerning wages, hours, labor or working conditions.
History: 1979 c. 361
; Stats. 1979 s. 166.04; 1995 a. 201
State traffic patrol officers may act as peace officers during a prison riot or other disturbance even when this occurs during a strike of prison guards; they may not, however, perform other duties of guards. 68 Atty. Gen. 104.
Emergency seat of state government. 166.05(1)
Designation of emergency temporary location.
Whenever, during a state of emergency 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 temporary location for the seat of government at such place within or without this state as he or she deems advisable, and shall take such action and issue such orders as are necessary for an orderly transition of the affairs of state government to such emergency temporary location. If practicable, the emergency temporary location so designated by the governor shall conform to that provided for in the current emergency management plan authorized by s. 166.03
. Such emergency 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.
(2) Exercise of governmental authority.
While the seat of government remains at such 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, shall be as valid and binding when performed at such emergency temporary location as if performed at the normal location.
History: 1979 c. 361
; Stats. 1979 s. 166.05; 1995 a. 247
Emergency temporary locations of government for counties, towns and municipalities. 166.06(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 may meet at any place within or without the territorial limits of such political subdivision 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 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.
(2) Exercise of governmental authority.
While the public business is being conducted at an emergency temporary location, the governing body and other officers of a county, town or municipality of this state shall have, possess and exercise, at such location, all of the executive, legislative, administrative and judicial powers and functions conferred upon such body and officers under state law. Such 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 body and officers shall be as valid and binding as if performed within the territorial limits of their county, town or municipality.
(3) Priority of legislation.
This section shall control notwithstanding any statutory, charter or ordinance provision to the contrary or in conflict herewith.
History: 1979 c. 361
; Stats. 1979 s. 166.06; 1995 a. 247
Succession to local offices.
The governing body of any county, town or municipality 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 provide a method by which temporary emergency appointments to public office are made, except as limited by express constitutional provisions and shall define the scope of the powers and duties which may be exercised, 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.
History: 1979 c. 361
; Stats. 1979 s. 166.07.
Succession to office. 166.08(1)
Declaration of policy.
Because of the possibility of enemy attack upon the United States, it is determined and declared to be necessary to assure the continuity and effective operation of the government of this state and of its political subdivisions in the event of such attack, by providing for additional persons who can temporarily exercise the powers and discharge the duties of state and local offices.
As used in this section unless the context clearly requires otherwise:
"Attack" means any action taken by an enemy of the United States causing or threatening to cause, substantial damage or injury to persons or property in the state in any manner.
"Emergency interim successor" means a person designated under this section, if the officer is unavailable, 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.
"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 a person who holds an office.
"Political subdivision" includes counties, towns, municipalities, special districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.
"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.
(3) Emergency interim successors to office of governor.
If 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 offices may serve as governor.
(4) Emergency interim successors for state officers.
All state officers, subject to such regulations as 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 this section to ensure their current status. The officer shall designate a sufficient number of such emergency interim successors so that there will be not less than 3 nor more than 7 such deputies or emergency interim successors or any combination thereof, at any time. If 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. Such emergency interim successors shall exercise said powers and discharge said duties only until such time as the governor under the constitution or authority other than this section or other official authorized under the constitution or this section to exercise the powers and discharge the duties of the office of governor may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected and qualified as provided by law; or an officer or his or her deputy or a preceding named emergency interim successor becomes available to exercise, or resume the exercise of, the powers and discharge the duties of his or her office.
(5) Enabling authority for emergency interim successors for local offices.
With respect to local offices for which the governing bodies of political subdivisions may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such governing bodies are hereby authorized to enact resolutions or ordinances providing for emergency interim successors to offices of the aforementioned governmental units. Such resolutions and ordinances shall not be inconsistent with this section.
(6) Emergency interim successors for local officers.
This section applies to officers of all political subdivisions not included in sub. (5)
. Such officers, 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 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 vacancy which may exist 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.
(7) Status and qualifications of designees.
No person shall be designated or serve as an emergency interim successor 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.
(8) Formalities of taking office.
Emergency interim successors shall take such oath as may be 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.
(9) Period in 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 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 interim successors to exercise the powers and discharge the duties of office as herein provided.
(10) 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 persons shall serve in their designated capacities at the pleasure of the designating authority.
Any dispute concerning a question of fact arising under this section 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 to exercise the powers and discharge the duties of the office of governor and his or her decision shall be final.
History: 1979 c. 34
; 1979 c. 361
; Stats. 1979 s. 166.08; 1983 a. 189
Public shelters; immunity from civil liability. 166.09(1)(1)
Any person owning or controlling real estate or other premises 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 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 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 property of such person, if the owner or controller has complied with sub. (2)
Any person owning or controlling real estate or other premises who gratuitously grants the use thereof 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 real estate or premises which might possibly result in death or injury or loss of property to any person making use thereof.
History: 1979 c. 361
; Stats. 1979 s. 166.09.
Preservation of essential public records.
The public records board shall establish a system for the preservation of essential state public records necessary for the continuity of governmental functions in the event of enemy action or natural or man-made disasters. The board shall:
Determine what records are essential for operation during a state of emergency and thereafter through consultation with all state departments and independent agencies and the administrator, establish the manner in which such records shall be preserved, and provide for their preservation.
Require every state department and independent agency to establish and maintain a preservation program for essential state public records.
Provide for security storage of essential state records.
Furnish state departments and independent agencies with copies of the final plan for preservation of essential public records.
Advise all political subdivisions of this state on preservation of essential public records.
History: 1979 c. 361
; Stats. 1979 s. 166.10; 1981 c. 350
; 1985 a. 180
; 1987 a. 147
; 1995 a. 27
Radioactive waste emergencies. 166.15(1)(a)
"Association" means a relationship in which one person controls, is controlled by or is under common control with another person.
"Company" means any partnership, joint-stock company, business trust or organized group of persons, whether incorporated or not, and any person acting as a receiver, trustee or other liquidator of a partnership, joint-stock company, business trust or organized group of persons. "Company" does not include a state or local governmental body.
"Control" means to possess, directly or indirectly, the power to direct or cause the direction of the management and policies of a company, whether that power is exercised through one or more intermediary companies, or alone, or in conjunction with, or by an agreement with, any other company, and whether that power is established through a majority or minority ownership or voting of securities, common directors, officers, stockholders, voting trusts, holding trusts, affiliated companies, contract or by any other direct or indirect means. "Control" includes owning, holding or controlling, directly or indirectly, at least 5% of the voting power in the election of directors of a company. "Control" has the same meaning as the terms "controlled by" and "under common control with".
"Emergency provider" means any person who provides emergency care or facilities and includes emergency management.
Personal physical injury, illness or death, including mental anguish or emotional harm attendant to the personal physical injury, illness or death.
"Nuclear incident" means any sudden or nonsudden release of radiation, as defined under s. 254.31 (3g)
, from radioactive waste being stored or disposed of in a waste repository or transported. "Nuclear incident" does not include any release of radiation from radioactive waste being transported under routine operations.
"Person" means any individual or company. "Person" includes the federal government.
"Routine operations" means the operation of transportation equipment in a manner that is not subject to the requirements for immediate notice of incidents under 49 USC 1801
or notice of discharge under s. 292.11 (2)
"Waste repository" means any system used or intended to be used to dispose of or store radioactive waste under 42 USC 10101
, including but not limited to a permanent disposal system, interim storage system, monitored retrievable storage system, defense waste storage system, away-from-reactor storage facility and a test and evaluation facility.
All responsible parties are strictly liable, jointly and severally, for any harm caused by a nuclear incident.
In any action brought under sub. (2)
to recover damages for harm claimed to be caused by a nuclear incident, it is presumed that the nuclear incident was a cause of the harm if the plaintiff produces evidence to the court sufficient to enable a reasonable person to find all of the following: