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.
166.01
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(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 History
History: 1979 c. 361 ss.
54,
73;
1989 a. 31;
1995 a. 247.
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 thereof if he or she determines that an emergency resulting from enemy action or natural or man-made disaster exists. 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.
166.03(2)
(2) Powers and duties of adjutant general. 166.03(2)(a)1.
1. Subject to approval by the governor, develop and promulgate a state plan of emergency management for the security of persons and property which shall be mandatory during a state of emergency. In developing the plan, the adjutant general shall seek the advice of the department of health and family services with respect to the emergency medical aspects of the plan.
166.03(2)(a)2.
2. Prescribe and carry out statewide training programs and exercises to develop emergency management proficiency, disseminate information including warnings of enemy action, serve as the principal assistant to the governor in the direction of emergency management activities and coordinate emergency management programs between counties.
166.03(2)(a)3.
3. Furnish guidance and develop and promulgate standards for emergency management programs for counties, towns and municipalities, and prescribe nomenclature for all levels of emergency management.
166.03(2)(a)5.
5. Provide assistance to the Wisconsin wing of the civil air patrol from the appropriation under
s. 20.465 (3) (q) 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.
166.03(2)(b)1.
1. Divide the state into emergency management areas composed of whole counties by general or special written orders subject to approval by the governor, and modify the boundaries thereof as changed conditions warrant. Such areas shall be classified and designated in accordance with standards promulgated under the federal civil defense act of 1950, as amended.
166.03(2)(b)2.
2. Appoint a head of emergency management for each area established in accordance with
subd. 1. under the classified service on either a part-time or full-time basis, or may request the governor to designate any state officer or employe as acting area head on a part-time basis.
166.03(2)(b)3.
3. Designate and post highways as emergency management routes closed to all but authorized vehicles when required for training programs and exercises.
166.03(2)(b)4.
4. Prescribe traffic routes and control traffic during a state of emergency.
166.03(2)(b)5.
5. Organize and train state mobile support units to aid any area during a state of emergency. Such units may participate in training programs and exercises both within and outside the state.
166.03(2)(b)6.
6. Request the department of health and family 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 subdivision from any person who produced the radioactive waste which is the subject of the activity for which the costs are incurred. In this subdivision, "radioactive waste" has the meaning given in
s. 293.25 (1) (b).
166.03(2)(b)7.
7. 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.
