CHAPTER 166
EMERGENCY MANAGEMENT
166.01 Declaration of policy.
166.03 Emergency management.
166.04 State traffic patrol and conservation warden duties during civil disorder.
166.05 Emergency seat of state government.
166.06 Emergency temporary locations of government for counties, towns and municipalities.
166.07 Succession to local offices.
166.08 Succession to office.
166.09 Public shelters; immunity from civil liability.
166.10 Preservation of essential public records.
166.15 Radioactive waste emergencies.
166.20 Hazardous substances information and emergency planning.
166.21 Emergency planning grants.
166.215 Hazardous substance emergency response.
166.22 Local agency response and reimbursement.
166.23 Emergency powers of cities, villages and towns.
166.30 Emergency management assistance compact.
166.01
166.01
Declaration of policy. To prepare the state and its subdivisions to cope with emergencies resulting from enemy action and natural or man-made disasters, it is declared to be necessary to establish an organization for emergency management, conferring upon the governor and others specified the powers and duties provided by this chapter.
166.01 History
History: 1979 c. 361 s.
52;
1995 a. 247.
166.02
166.02
Definitions. In this chapter, unless the context clearly indicates otherwise:
166.02(1g)
(1g) "Adjutant general" means the adjutant general of the department of military affairs.
166.02(1m)
(1m) "Administrator" means the administrator of the division.
166.02(1p)
(1p) "Biological agent" means any of the following:
166.02(1p)(a)
(a) A select agent that is a virus, bacterium, rickettsia, fungus, or toxin that is specified under
42 CFR 72, Appendix A.
166.02(1p)(b)
(b) A genetically modified microorganism or genetic element from an organism under
par. (a) that is shown to produce or encode for a factor associated with a disease.
166.02(1p)(c)
(c) A genetically modified microorganism or genetic element that contains nucleic acid sequences coding for a toxin under
par. (a) or its toxic subunit.
166.02(1p)(d)
(d) An agent specified by the department of health and family services by rule.
166.02(1r)
(1r) "Bioterrorism" means the intentional use of any biological, chemical, or radiological agent to cause death, disease or biological malfunction in a human, animal, plant, or other living organism in order to influence the policy of a governmental unit or to intimidate or coerce the civilian population.
166.02(1t)
(1t) "Chemical agent" means a substance that has chemical properties that produce lethal or serious effects in plants or animals.
166.02(2)
(2) "Civil defense" means all measures undertaken by or on behalf of the state and its subdivisions to prepare for and minimize the effect of enemy action upon the civilian population.
166.02(3)
(3) "Division" means the division of emergency management.
166.02(4)
(4) "Emergency management" includes "civil defense" and means all measures undertaken by or on behalf of the state and its subdivisions:
166.02(4)(a)
(a) To prepare for and minimize the effect of enemy action and natural or man-made disaster upon the civilian population.
166.02(4)(b)
(b) To effectuate emergency repairs to, or the emergency restoration of, vital public utilities and facilities destroyed or damaged by such action or disaster.
166.02(5)
(5) "Enemy action" means hostile action by a foreign power which threatens the security of this state or a portion thereof.
166.02(7)
(7) "Public health emergency" means the occurrence or imminent threat of an illness or health condition that meets all of the following criteria:
166.02(7)(a)
(a) Is believed to be caused by bioterrorism or a novel or previously controlled or eradicated biological agent.
166.02(7)(b)
(b) Poses a high probability of any of the following:
166.02(7)(b)1.
1. A large number of deaths or serious or long-term disabilities among humans.
166.02(7)(b)2.
2. A high probability of widespread exposure to a biological, chemical, or radiological agent that creates a significant risk of substantial future harm to a large number of people.
166.02(8)
(8) "Radiological agent" means radiation or radioactive material at a level that is dangerous to human health.
166.03
166.03
Emergency management. 166.03(1)
(1)
Powers and duties of the governor. 166.03(1)(a)1.
1. Review orders establishing or altering emergency management areas.
166.03(1)(a)2.
2. Review state emergency management plans and modifications thereof.
166.03(1)(a)3.
3. Employ the division of emergency management during a state of emergency proclaimed by him or her, issue orders and delegate such authority as is deemed necessary to the administrator.
166.03(1)(a)4.
4. Determine responsibilities of state departments and independent agencies in respect to emergency management and by order direct such departments and agencies in utilizing personnel, facilities, supplies and equipment before and during a state of emergency.
166.03(1)(b)1.
1. Proclaim a state of emergency for the state or any portion of the state if he or she determines that an emergency resulting from enemy action or natural or man-made disaster exists. If the governor determines that a public health emergency exists, he or she may declare a state of emergency related to public health and may designate the department of health and family services as the lead state agency to respond to that emergency. The duration of such state of emergency shall not exceed 60 days as to emergencies resulting from enemy action or 30 days as to emergencies resulting from natural or man-made disaster, unless either is extended by joint resolution of the legislature. A copy of the proclamation shall be filed with the secretary of state. The proclamation may be revoked at the discretion of either the governor by written order or the legislature by joint resolution.
166.03(1)(b)2.
2. On behalf of the state, enter into mutual aid agreements concerning emergency management with other states.
166.03(1)(b)3.
3. Accept from any source gifts and grants including services for emergency management purposes and may authorize state, county, town and municipal officers to receive such gifts and grants. When grants require county, town or municipal participation, the state may transfer title to equipment acquired through such agreement to participating counties, towns and municipalities.
166.03(1)(b)4.
4. During a state of emergency, declare priority of emergency management contracts over other contracts, allocate materials and facilities in his or her discretion, and take, use and destroy private property for emergency management purposes. Such taking, use or destruction shall be in the name of the state. Records shall be kept of such action and such records shall be evidence of a claim against the state. Any such claim shall be referred to the claims board under
s. 16.007.
166.03(1)(b)5.
5. During a state of emergency, issue such orders as he or she deems necessary for the security of persons and property.
166.03(1)(b)6.
6. During a state of emergency, contract on behalf of the state with any person to provide equipment and services on a cost basis to be used in disaster relief.
