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166.08(2)(e) (e) "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.
166.08(3) (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.
166.08(4) (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.
166.08(5) (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.
166.08(6) (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.
166.08(7) (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.
166.08(8) (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.
166.08(9) (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.
166.08(10) (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.
166.08(11) (11)Disputes. 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.
166.08 History History: 1979 c. 34; 1979 c. 361 ss. 56, 112; Stats. 1979 s. 166.08; 1983 a. 189.
166.09 166.09 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).
166.09(2) (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.
166.09 History History: 1979 c. 361 ss. 56, 112; Stats. 1979 s. 166.09.
166.10 166.10 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:
166.10(1) (1) 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.
166.10(2) (2) Require every state department and independent agency to establish and maintain a preservation program for essential state public records.
166.10(3) (3) Provide for security storage of essential state records.
166.10(4) (4) Furnish state departments and independent agencies with copies of the final plan for preservation of essential public records.
166.10(5) (5) Advise all political subdivisions of this state on preservation of essential public records.
166.10 History History: 1979 c. 361 s. 57; Stats. 1979 s. 166.10; 1981 c. 350 s. 13; 1985 a. 180 ss. 24, 30m; 1987 a. 147 s. 25; 1995 a. 27.
166.15 166.15 Radioactive waste emergencies.
166.15(1) (1)Definitions. In this section:
166.15(1)(a) (a) "Association" means a relationship in which one person controls, is controlled by or is under common control with another person.
166.15(1)(b) (b) "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.
166.15(1)(c) (c) "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".
166.15(1)(d) (d) "Emergency provider" means any person who provides emergency care or facilities and includes emergency management.
166.15(1)(e) (e) "Harm" means:
166.15(1)(e)1. 1. Damage to property.
166.15(1)(e)2. 2. Personal physical injury, illness or death, including mental anguish or emotional harm attendant to the personal physical injury, illness or death.
166.15(1)(e)4. 4. Economic loss.
166.15(1)(e)5. 5. Environmental pollution, as defined in s. 299.01 (4).
166.15(1)(e)6. 6. Expenses incurred by an emergency provider in preparing for and responding to a nuclear incident which are not reimbursed under s. 166.03 (1) (b) 2. or 3. or (2) (b) 7. or 292.11 (7).
166.15(1)(f) (f) "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.
166.15(1)(g) (g) "Person" means any individual or company. "Person" includes the federal government.
166.15(1)(h) (h) "Radioactive waste" means radioactive waste, as defined in s. 293.25 (1) (b), and radioactive defense waste.
166.15(1)(i) (i) "Responsible party" means any person described under sub. (3) (a) 1. a. to d.
166.15(1)(j) (j) "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 to 1811 or notice of discharge under s. 292.11 (2).
166.15(1)(k) (k) "Waste repository" means any system used or intended to be used to dispose of or store radioactive waste under 42 USC 10101 to 10226, 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.
166.15(2) (2)Liability. All responsible parties are strictly liable, jointly and severally, for any harm caused by a nuclear incident.
166.15(3) (3)Rebuttable presumption.
166.15(3)(a)(a) 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:
166.15(3)(a)1. 1. The defendant is any of the following:
166.15(3)(a)1.a. a. A person who is in any way responsible for the design, construction, operation or monitoring of the waste repository or transportation equipment from which the radiation was released in the nuclear incident.
166.15(3)(a)1.b. b. A person who owns the waste repository or transportation equipment from which the radiation was released in the nuclear incident.
166.15(3)(a)1.c. c. A person who produces, possesses, controls or owns radioactive waste stored or disposed of in the waste repository or transportation equipment from which the radiation was released in the nuclear incident.
166.15(3)(a)1.d. d. A person who has an association with any person described under subd. 1. a. to c.
166.15(3)(a)2. 2. The harm could reasonably have resulted from the nuclear incident.
166.15(3)(b) (b) A defendant in an action brought under sub. (2) may rebut the presumption under par. (a) by proving that:
166.15(3)(b)1. 1. The defendant is not a responsible party; or
166.15(3)(b)2. 2. The harm claimed to be caused by a nuclear incident could not have reasonably resulted from the nuclear incident.
166.15(4) (4)Court award. In issuing any final order in any action brought under this section in which the plaintiff prevails, the court shall award to the plaintiff the cost of the suit, including reasonable attorney and expert witness fees, and the damages sustained by the plaintiff.
166.15(5) (5)Construction. This section may not be deemed to have any effect upon the liability of any person for any harm caused by any incident which is not a nuclear incident.
166.15 History History: 1985 a. 29; 1989 a. 31; 1989 a. 56 s. 259; 1993 a. 27; 1995 a. 227, 247.
166.20 166.20 Hazardous substances information and emergency planning.
166.20(1)(1)Definitions. In ss. 166.20 to 166.215:
166.20(1)(a) (a) "Board" means the state emergency response board.
166.20(1)(b) (b) "Committee" means a local emergency planning committee created under s. 59.54 (8) (a).
166.20(1)(c) (c) "Facility" means the buildings and contiguous area of a single location which is owned, operated or controlled by the same person and used for conducting the activities of a public or private agency, or as defined in 42 USC 11049 (4).
166.20(1)(d) (d) "Facility plan" means a plan for response to the release of hazardous substances from a specific facility, prepared as a component of a local emergency response plan under sub. (5) (a) 1. and under 42 USC 11003.
166.20(1)(e) (e) "Federal act" means 42 USC 11000 to 11050.
166.20(1)(f) (f) "Hazardous chemical" means a hazardous chemical covered under 42 USC 11021 and 11022 as defined under 29 CFR 1910.1200 (c).
166.20(1)(fm) (fm) "Hazardous material" has the meaning given in 49 USC Appendix 1802 (4).
166.20(1)(g) (g) "Hazardous substance" means an extremely hazardous substance included in the list published by the administrator of the U.S. environmental protection agency under 42 USC 11002 (a) (2) or a hazardous substance as defined under 42 USC 9601 (14) or designated by the administrator of the U.S. environmental protection agency under 42 USC 9602 (a).
166.20(1)(ge) (ge) "Level A release" means a release of a hazardous substance that necessitates the highest level of protective equipment for the skin and respiratory systems of emergency response personnel because of any of the following conditions:
166.20(1)(ge)1. 1. Substances with a high degree of hazard to the skin are known or suspected to be present and skin contact is possible.
166.20(1)(ge)2. 2. There are present, or there is a potential for, high atmospheric levels of substances that are harmful to the skin or capable of being absorbed through intact skin.
166.20(1)(ge)3. 3. Operations at the site of the release involve a high potential for exposure to liquids or particulates that are harmful to the skin or capable of being absorbed through intact skin.
166.20(1)(ge)4. 4. Response operations must be conducted in confined, poorly ventilated areas and the absence of conditions under subds. 1. to 3. has not been established.
166.20(1)(gi) (gi) "Level B release" means a release of a hazardous substance that necessitates the highest level of protective equipment for the respiratory systems of emergency response personnel, but less skin protection than a level A release, because operations at the site of the release do not involve a high potential for exposure to liquids or particulates that are harmful to the skin or capable of being absorbed through intact skin and any of the following conditions exists:
166.20(1)(gi)1. 1. The type and concentration of substances in the atmosphere have been identified and are dangerous to respiration but are not harmful to skin or capable of being absorbed through intact skin.
166.20(1)(gi)2. 2. The atmosphere contains less than 19.5% oxygen but does not contain substances that are harmful to skin or capable of being absorbed through intact skin.
166.20(1)(gi)3. 3. Vapors or gases are present that have not been completely identified but it is known that those vapors or gases are not harmful to skin or capable of being absorbed through intact skin.
166.20(1)(gm) (gm) "Petroleum marketing facility" means a facility at which petroleum products are received by tank truck, tank trailer or railroad tank car and stored for resale.
166.20(1)(h) (h) "Private agency" means a privately owned and operated research facility or educational institution.
166.20(1)(i) (i) "Public agency" means a state or local office, agency, board, commission, committee, council, department, research facility, educational institution or public body corporate or politic created by constitution, law, ordinance, rule or order, or a governmental or quasi-governmental corporation.
166.20(1)(j) (j) "Threshold quantity" means a designated quantity of:
166.20(1)(j)1. 1. A hazardous chemical which, if used by or present at a facility, makes the facility subject to the requirements of sub. (5) (a) 3.; or
166.20(1)(j)2. 2. A toxic chemical which, if used by or present at a facility, makes the facility subject to the requirements of sub. (5) (a) 4.
166.20(1)(k) (k) "Toxic chemical" means a toxic chemical covered under 42 USC 11023 (c).
166.20(2) (2)Duties of the board. The board shall:
166.20(2)(a) (a) Carry out all requirements of a state emergency response commission under the federal act.
166.20(2)(b) (b) Promulgate rules necessary for the implementation of the federal act.
166.20(2)(bg) (bg) Promulgate rules establishing an amount not to exceed $6,000 that may be an eligible cost for computers in an emergency planning grant under s. 166.21 (2) (bm).
166.20(2)(bm) (bm) Promulgate rules establishing standards to determine all of the following:
166.20(2)(bm)1. 1. If a regional or local emergency response team has made a good faith effort to identify a person responsible for a release of a hazardous substance under s. 166.215 (3) or 166.22 (4).
166.20(2)(bm)2. 2. If a person responsible for a release of a hazardous substance under s. 166.215 (3) or 166.22 (4) is financially able or has the money or resources necessary to reimburse a regional or local emergency response team for the expenses incurred by the regional or local emergency response team in responding to the release.
166.20(2)(c) (c) Oversee the implementation of local emergency response plans by committees and provide assistance to committees in executing their duties under sub. (3) (b) to the greatest extent possible.
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