323.02(17)
(17) "Public works" means the physical structures and facilities developed or acquired by a local unit of government or a federally recognized American Indian tribe or band in this state to provide services and functions for the benefit and use of the public, including water, sewerage, waste disposal, utilities, and transportation.
323.02(18)
(18) "Radiological agent" means radiation or radioactive material at a level that is dangerous to humans, animals, plants, or other living organisms.
323.02(19)
(19) "State agency" means any office, commission, board, department, or bureau of state government.
POWERS AND DUTIES RELATED TO EMERGENCY MANAGEMENT
323.10
323.10
Declaration by governor. The governor may issue an executive order declaring a state of emergency for the state or any portion of the state if he or she determines that an emergency resulting from a disaster or the imminent threat of a disaster exists. If the governor determines that a public health emergency exists, he or she may issue an executive order declaring a state of emergency related to public health for the state or any portion of the state and may designate the department of health services as the lead state agency to respond to that emergency. If the governor determines that the emergency is related to computer or telecommunication systems, he or she may designate the department of administration as the lead agency to respond to that emergency. A state of emergency shall not exceed 60 days, unless the state of emergency is extended by joint resolution of the legislature. A copy of the executive order shall be filed with the secretary of state. The executive order may be revoked at the discretion of either the governor by executive order or the legislature by joint resolution.
323.10 History
History: 2009 a. 42 s.
72; Stats. 2009 s. 323.10.
323.11
323.11
Declaration by local government. The governing body of any local unit of government may declare, by ordinance or resolution, an emergency existing within the local unit of government whenever conditions arise by reason of a riot or civil commotion, a disaster, or an imminent threat of a disaster, that impairs transportation, food or fuel supplies, medical care, fire, health or police protection, or other critical systems of the local unit of government. The period of the emergency shall be limited by the ordinance or resolution to the time during which the emergency conditions exist or are likely to exist.
323.11 History
History: 2009 a. 42 s.
233; Stats. 2009 s. 323.11.
323.12
323.12
Governor; duties and powers. 323.12(1)
(1)
Ongoing duties. The governor shall do all of the following:
323.12(1)(a)
(a) Review orders establishing or altering emergency management areas.
323.12(1)(b)
(b) Review state emergency management plans and modifications to the plans.
323.12(1)(c)
(c) Determine responsibilities of state departments and independent agencies with respect to emergency management and by order direct those departments and agencies in utilizing personnel, facilities, supplies, and equipment before and during a state of emergency.
323.12(2)
(2) Ongoing powers. The governor may do all of the following:
323.12(2)(a)
(a) On behalf of the state, enter into mutual aid agreements concerning emergency management with other states.
323.12(2)(b)
(b) Accept from any source gifts and grants including services for emergency management purposes and may authorize the state and local units of government to receive such gifts and grants. When grants require participation by a local unit of government, the state may transfer title to equipment acquired through an agreement between participating local units of government.
323.12(2)(c)
(c) If the governor determines that a condition of civil disorder or a threat to the safety of persons on state property or damage or destruction to state property exists, he or she may, without declaring an emergency, call out the state traffic patrol or the conservation warden service or members of that patrol or service for use in connection with the threat to life or property.
323.12(3)
(3) Duties during an emergency. During a state of emergency declared under
s. 323.10, the governor shall issue orders, delegate such authority as is necessary to the administrator, and direct the division to coordinate emergency management activities.
323.12(4)
(4) Powers during an emergency. The governor may do all of the following during a state of emergency declared under
s. 323.10:
323.12(4)(a)
(a) Declare priority of emergency management contracts over other contracts, allocate materials and facilities in his or her discretion, and take, use, and destroy, in the name of the state, private property for emergency management purposes. The governor shall keep records of that action. Those records shall be evidence of a claim against the state. The claim against the state shall be referred to the claims board under
s. 16.007.
323.12(4)(b)
(b) Issue such orders as he or she deems necessary for the security of persons and property.
323.12(4)(c)
(c) Contract on behalf of the state with any person to provide, on a cost basis, equipment and services to be used to respond to a disaster or the imminent threat of a disaster.
323.12(4)(d)
(d) Suspend the provisions of any administrative rule if the strict compliance with that rule would prevent, hinder, or delay necessary actions to respond to the disaster.
323.12 History
History: 2009 a. 42 ss.
68 to
71,
73 to
78,
122,
286 to
289; Stats. 2009 s. 323.12.
323.13
323.13
Adjutant general; duties and powers. 323.13(1)(1)
Ongoing duties. The adjutant general shall do all of the following:
323.13(1)(a)
(a) Serve as the governor's principal assistant for directing and coordinating emergency management activities.
323.13(1)(b)
(b) Subject to approval by the governor, develop and adopt a state plan of emergency management for the security of persons and property. In developing the plan, the adjutant general shall seek the advice of the administrator, shall seek the advice of the department of health services with respect to the emergency medical aspects of the plan, and shall seek the advice of the department of administration with respect to aspects of the plan related to computer or telecommunication systems. The plan shall specify equipment and personnel standards, and shall require the use of the incident command system, and specify the type of incident command system, by all emergency response agencies, including local health departments, during a state of emergency declared under
s. 323.10 or
323.11.
323.13(1)(c)
(c) Prescribe and carry out statewide training programs and exercises to develop emergency management proficiency, disseminate information, and coordinate emergency management programs. The training programs shall include training in managing emergency operations utilizing the incident command system for local unit of government officials, officers, and employees whose duties include responding to a disaster or the imminent threat of a disaster, including officers and employees of local health departments. The adjutant general shall consult with the administrator, with the department of health services regarding the provision of incident command system training to local health department personnel, and with the department of administration regarding the provision of incident command system training for emergencies related to computer or telecommunication systems. To the extent possible, the adjutant general shall utilize federal funding to provide incident command system training.
323.13(1)(d)
(d) Furnish guidance and establish standards for emergency management programs for local units of government, and prescribe nomenclature for all levels of emergency management, with the advice of the administrator. The standards shall include a requirement that local unit of government emergency management programs adopted under
s. 323.14 (1) (a) 1. and
(b) 1. utilize the incident command system during a state of emergency declared under
s. 323.10 or
323.11 or in any other multi-jurisdictional or multi-agency emergency response. The standards for fire, rescue, and emergency medical services shall include the adoption of the intergovernmental cooperation Mutual Aid Box Alarm System as a mechanism that may be used for deploying personnel and equipment in a multi-jurisdictional or multi-agency emergency response. The standards for agencies that manage public works shall include the suggestion that the local unit of government, or a federally recognized American Indian tribe or band in this state, adopt the mutual assistance agreement created by the division for the intergovernmental collaboration of public works personnel, equipment, and resources in a multi-jurisdictional or multi-agency emergency response. The adjutant general shall consult with representatives of public works professional associations and organizations regarding the content of that agreement.
323.13(1)(dm)
(dm) If the adjutant general finds that a local unit of government has not developed, adopted, and implemented an emergency management plan as required under
s. 323.14 (1), refuse to approve grants of funds or items of equipment awarded under this chapter to the local unit of government until the local unit of government does so. If the local unit of government fails to use the funds or items of equipment granted in accordance with the agreement under which the grant was made, the adjutant general may refuse to make any additional grants to the local unit of government 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 that have not been used in accordance with the conditions of the grant.
323.13(1)(e)
(e) Provide assistance to the Wisconsin wing of the civil air patrol from the appropriation under
s. 20.465 (3) (f) for the purpose of enabling the patrol to perform its assigned missions and duties as prescribed by U.S. air force regulations. Expenses eligible for assistance are aircraft acquisition and maintenance, communications equipment acquisition and maintenance and office staffing and operational expenses. The civil air patrol shall submit vouchers for expenses eligible for assistance to the division.
323.13(1)(f)
(f) No later than 90 days after a state of emergency relating to public health is declared and the department of health services is not designated under
s. 323.10 as the lead state agency to respond to that emergency and no later than 90 days after the termination of this state of emergency relating to public health, submit to the legislature under
s. 13.172 (2) and to the governor a report on all of the following:
323.13(1)(f)1.
1. The emergency powers used by the department of military affairs or its agents.
323.13(1)(f)2.
2. The expenses incurred by the department of military affairs and its agents in acting under the state of emergency related to public health.
323.13(2)
(2) Ongoing powers. The adjutant general may do all of the following:
323.13(2)(a)
(a) Divide the state into emergency management regions composed of whole counties, subject to approval by the governor, and modify the boundaries of those regions as changed conditions warrant.
323.13(2)(b)
(b) Appoint a director of emergency management for each region under
par. (a) under the classified service on either a part-time or full-time basis, or ask the governor to designate any state officer or employee as acting regional director on a part-time basis.
323.13(2)(c)
(c) Designate and post highways as emergency management routes closed to all but authorized vehicles when required for training programs and exercises.
323.13(2)(d)
(d) Prescribe traffic routes and control traffic during a state of emergency.
323.13(2)(e)
(e) Organize and train state mobile support units to aid any region during a state of emergency. The units may participate in training programs and exercises within or outside the state.
323.13(2)(f)
(f) Request the department of health services to inspect or provide for the inspection of shipments of radioactive waste, obtain and analyze data concerning the radiation level of shipments of radioactive waste and issue reports concerning these shipments and radiation levels. The adjutant general may assess and collect and receive contributions for any costs incurred under this paragraph from any person who produced the radioactive waste which is the subject of the activity for which the costs are incurred. In this paragraph, "radioactive waste" has the meaning given in
s. 293.25 (1) (b).
323.13(2)(g)
(g) Assess and collect and receive contributions for any costs incurred by state agencies to establish and maintain radiological emergency response plans related to nuclear generating facilities.
323.13 Cross-reference
Cross-reference: See also chs.
WEM 7 and
8, Wis. adm. code.
323.13 History
History: 2009 a. 42 ss.
80 to
83,
85 to
94,
120,
290 to
293; Stats. 2009 s. 323.13.
323.14
323.14
Local government; duties and powers. 323.14(1)(a)1.1. Subject to
subd. 3., each county board shall develop and adopt an emergency management plan and program that is compatible with the state plan of emergency management under
s. 323.13 (1) (b).
323.14(1)(a)2.
2. Each county board shall designate a head of emergency management. In counties having a county executive under
s. 59.17, the county board shall designate the county executive or confirm his or her appointee as county head of emergency management. Notwithstanding
sub. (2) (b), an individual may not simultaneously serve as the head of emergency management for 2 or more counties.
323.14(1)(a)3.
3. Each county board shall designate a committee of the board as a county emergency management committee. The chairperson of the county board shall designate the chairperson of the committee. In counties having a county executive under
s. 59.17, the committee shall retain policy-making and rule-making powers in the establishment and development of county emergency management plans and programs.
323.14(1)(b)1.1. The governing body of each city, village, or town shall develop and adopt an emergency management plan and program that is compatible with the state plan of emergency management adopted under
s. 323.13 (1) (b).
323.14(1)(b)2.
2. The governing body of each city, village, or town shall designate a head of emergency management services.
323.14(2)(a)(a) The governing body of a local unit of government may appropriate funds and levy taxes for its emergency management program under
sub. (1).
323.14(2)(b)
(b) Local units of government may cooperate under
s. 66.0301 to furnish services, combine offices, and finance emergency management programs.
323.14(2)(c)
(c) Local units of government may contract for emergency management services with political subdivisions, agencies, and federally recognized American Indian tribes and bands of this state, and, upon prior approval of the adjutant general, with such entities in bordering states. A copy of each agreement shall be filed with the adjutant general within 10 days after execution of that agreement.
323.14(3)(a)(a) If the governing body of a local unit of government declares an emergency under
s. 323.11 and intends to make use of volunteer health care practitioners, as specified in
s. 257.03, the governing body or its agent shall, as soon as possible, notify the department of health services of this intent.
323.14(3)(b)
(b) During a state of emergency declared by the governor, a local unit of government situated within the area to which the governor's executive order applies may employ personnel, facilities, and other resources consistent with the plan adopted under
sub. (1) (a) 1. or
(b) 1. to cope with the problems that resulted in the governor declaring the emergency. Nothing in this chapter prohibits local units of government from employing their personnel, facilities, and resources consistent with the plan adopted under
sub. (1) (a) 1. or
(b) 1. to cope with the problems of local disasters except where restrictions are imposed by federal regulations on property donated by the federal government.
323.14(4)(a)(a) The emergency power of the governing body conferred under
s. 323.11 includes the general authority to order, by ordinance or resolution, whatever is necessary and expedient for the health, safety, protection, and welfare of persons and property within the local unit of government in the emergency and includes the power to bar, restrict, or remove all unnecessary traffic, both vehicular and pedestrian, from the highways, notwithstanding any provision of
chs. 341 to
349.
323.14(4)(b)
(b) If, because of the emergency conditions, the governing body of the local unit of government is unable to meet promptly, the chief executive officer or acting chief executive officer of any local unit of government shall exercise by proclamation all of the powers conferred upon the governing body under
par. (a) or
s. 323.11 that appear necessary and expedient. The proclamation shall be subject to ratification, alteration, modification, or repeal by the governing body as soon as that body can meet, but the subsequent action taken by the governing body shall not affect the prior validity of the proclamation.
323.14 History
History: 2009 a. 42 ss.
98 to
102,
111,
112,
234 to
236,
294 to
299; Stats. 2009 s. 323.14.
323.15
323.15
Heads of emergency management; duties and powers. 323.15(1)(a)(a) The head of emergency management for each local unit of government shall implement the plan adopted under
s. 323.14 (1) (a) 1. or
(b) 1., whichever is applicable, and perform such other duties related to emergency management as are required by the governing body and the emergency management committee of the governing body when applicable. The emergency management plans shall require the use of the incident command system by all emergency response agencies, including local health departments, during a state of emergency declared under
s. 323.10 or
323.11.
323.15(1)(b)
(b) The head of emergency management for each county shall coordinate and assist in developing city, village, and town emergency management plans within the county, integrate the plans with the county plan, advise the department of military affairs of all emergency management planning in the county and submit to the adjutant general the reports that he or she requires, direct and coordinate emergency management activities throughout the county during a state of emergency, and direct countywide emergency management training programs and exercises.
323.15(1)(c)
(c) The head of emergency management in each city, village and town shall do all of the following:
323.15(1)(c)1.
1. Direct local emergency management training programs and exercises.
323.15(1)(c)2.
2. Direct participation in emergency management programs and exercises that are ordered by the adjutant general or the county head of emergency management.
323.15(1)(c)3.
3. Advise the county head of emergency management on local emergency management programs.
323.15(1)(c)4.
4. Submit to the county head of emergency management any reports he or she requires.
323.15(4)
(4) Powers during an emergency. During a state of emergency declared by the governor, the head of emergency management for each local unit of government, on behalf of his or her respective local unit of government, may contract with any person to provide equipment and services on a cost basis to be used to respond to a disaster, or the imminent threat of a disaster.
323.15 History
History: 2009 a. 42 ss.
104 to
107,
300,
301; Stats. 2009 s. 323.15.
323.16
323.16
Powers of law enforcement officers. During any state of emergency declared by the governor or during any training program or exercises authorized by the adjutant general, any law enforcement officer, when legally engaged in traffic control, escort duty, or protective service, may carry out the functions anywhere in 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.
323.16 History
History: 2009 a. 42 s.
118; Stats. 2009 s. 323.16.
323.17
323.17
State traffic patrol officers and conservation wardens. If the governor calls out the state traffic patrol or conservation warden service, or members of the patrol or service, under
s. 323.12 (2) (c), the state traffic patrol officers or conservation wardens subject to the call shall have the powers of a law enforcement officer for the duration determined by the governor, except that the officers and wardens may not be used in or take part in any dispute or controversy between an employer and employee concerning wages, hours, labor, or working conditions.
323.17 History
History: 2009 a. 42.
323.18
323.18
State agency volunteers. A state agency may register or preregister volunteers to assist the agency during a disaster, an imminent threat of a disaster, or a related training exercise.
323.18 History
History: 2009 a. 42.
323.19
323.19
State official authority to grant variances to statutes and rules for a disaster. 323.19(1)
(1) The secretary of health services may grant a hospital a variance to or a waiver from a requirement for hospitals as provided in
s. 50.36 (6m).
323.19(2)
(2) The pharmacy examining board may grant a variance to
ch. 450 or a rule promulgated under
ch. 450 in response to a disaster as provided in
s. 450.02 (3m).
