166.03 Annotation
A disaster training exercise is covered employment for worker's compensation purposes under s. 22.16 (9) (d) [now s. 166.03 (8) (d)], a person remaining the employee of his or her initial emergency government unit for the duration of an emergency government activity. Section 22.16 (9) (f) [now s. 166.03 (8) (f)] is also construed. 62 Atty. Gen. 217.
166.04
166.04
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 employee concerning wages, hours, labor or working conditions.
166.04 History
History: 1979 c. 361 ss.
56,
112; Stats. 1979 s. 166.04;
1995 a. 201.
166.04 Annotation
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.
166.05
166.05
Emergency seat of state government. 166.05(1)
(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.
166.05(2)
(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.
166.05 History
History: 1979 c. 361 ss.
56,
112,
113; Stats. 1979 s. 166.05;
1995 a. 247.
166.06
166.06
Emergency temporary locations of government for counties, towns and municipalities. 166.06(1)
(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.
166.06(2)
(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.
166.06(3)
(3) Priority of legislation. This section shall control notwithstanding any statutory, charter or ordinance provision to the contrary or in conflict herewith.
166.06 History
History: 1979 c. 361 ss.
56,
112; Stats. 1979 s. 166.06;
1995 a. 247.
166.07
166.07
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.
166.07 History
History: 1979 c. 361 s.
56; Stats. 1979 s. 166.07.
166.08
166.08
Succession to office. 166.08(1)
(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.
166.08(2)
(2) Definitions. As used in this section unless the context clearly requires otherwise:
166.08(2)(a)
(a) "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.
166.08(2)(b)
(b) "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.
166.08(2)(c)
(c) "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.
166.08(2)(d)
(d) "Political subdivision" includes counties, towns, municipalities, special districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.
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. 166.08(4)(a)(a) 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 emergency interim successors so that there will be not less than 3 nor more than 7 deputies or emergency interim successors or any combination of deputies or emergency interim successors, at any time.
166.08(4)(b)
(b) 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. The emergency interim successor shall exercise the powers and discharge the duties of the office only until any of the following occurs:
166.08(4)(b)1.
1. Where a vacancy exists, 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, appoints a successor to fill the vacancy.
166.08(4)(b)2.
2. A successor is appointed, or elected and qualified as provided by law other than under
subd. 1.
166.08(4)(b)3.
3. An officer, the officer's deputy or a preceding named emergency interim successor becomes available to exercise, or resume the exercise of, the powers and discharge the duties of the 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;
1999 a. 83.
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)(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)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)(f)
(f) "Nuclear incident" means any sudden or nonsudden release of ionizing 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)(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)(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.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)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)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.
166.20
166.20
Hazardous substances information and emergency planning. 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.
