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(6m)
(6m) "Incident command system" means a functional management system established to control, direct, and manage the roles, responsibilities, and operations of all of the agencies involved in a multi-jurisdictional or multi-agency emergency response.
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.
166.03(1)(b)8.
8. During a state of emergency related to public health, 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 emergency and increase the health threat to the population.
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. 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
sub. (1) (b) 1. or
s. 166.23 (1) or in any other multi-jurisdictional or multi-agency emergency response.
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. The training programs shall include training in managing emergency operations utilizing the incident command system for local government officials, officers, and employees whose duties include responding to emergencies, including officers and employees of local health departments. The adjutant general shall consult with the department of health and family services regarding the provision of incident command system training to local health department personnel. To the extent possible, the adjutant general shall utilize federal funding to provide incident command system training.
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. The standards shall include a requirement that county, town, and municipal emergency management programs under
sub. (4) (a) utilize the incident command system during a state of emergency declared under
sub. (1) (b) 1. or
s. 166.23 (1) or in any other multi-jurisdictional or multi-agency emergency response.
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) (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.
166.03(2)(a)6.
6. No later than 90 days after a state of emergency relating to public health is declared and the department of health and family services is not designated under
s. 166.03 (1) (b) 1. 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:
166.03(2)(a)6.a.
a. The emergency powers used by the department of military affairs or its agents.
166.03(2)(a)6.b.
b. The expenses incurred by the department of military affairs and its agents in acting under the state of emergency related to public health.
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 employee 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.
166.03(2)(b)8.
8. Make payments from the appropriation under
s. 20.465 (3) (e) to pay this state's share of grants to individuals and to provide a share of any required state share of contributions to local governments as defined in
42 USC 5122 (6) for major disaster recovery assistance. Payment of this state's share of any contribution to a local government under this subdivision is contingent upon copayment of that share by the local government, but not to exceed 12.5% of the total eligible cost of assistance. No payment may be made under this subdivision without the prior approval of the secretary of administration.
166.03(3)
(3) Powers and duties of area heads. Area heads of emergency management may exercise such powers as are delegated and shall perform such duties as are assigned to them by the adjutant general.
166.03(4)
(4) Powers and duties of counties and municipalities. 166.03(4)(a)(a) The governing body of each county, town and municipality shall adopt an effective program of emergency management consistent with the state plan of emergency management and, except at the county level in counties having a county executive, shall appoint a head of emergency management services. Each such governing body may appropriate funds and levy taxes for this program.
166.03(4)(b)
(b) 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 services.
166.03(4)(c)
(c) Each county board shall designate a committee of the board as a county emergency management committee whose chairperson shall be a member of the committee designated by the chairperson of the county board. The committee, in counties having a county executive under
s. 59.17, shall retain policy-making and rule-making powers in the establishment and development of county emergency management plans and programs.
166.03(4)(d)
(d) During the continuance of a state of emergency proclaimed by the governor the county board of each county situated within the area to which the governor's proclamation applies may employ the county emergency management organization and the facilities and other resources of the organization to cope with the problems of the emergency, and the governing body of each municipality and town situated within the area shall have similar authority with respect to municipal emergency management organizations, facilities and resources. Nothing in this chapter prohibits counties and municipalities from employing their emergency management organizations, facilities and resources to cope with the problems of local public emergencies except where restrictions are imposed by federal regulations on property donated by the federal government.
166.03(5)
(5) Powers and duties of head of emergency management services. 166.03(5)(a)(a) The head of emergency management services in each county, town and municipality shall for his or her respective county, town or municipality, develop and promulgate emergency management plans consistent with state plans, direct the emergency management program 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
sub. (1) (b) 1. or
s. 166.23 (1) or in any other multi-jurisdictional or multi-agency emergency response.
166.03(5)(b)
(b) The head of emergency management services in each county shall coordinate and assist in developing town and municipal emergency management plans within the county, integrate such plans with the county plan, advise the department of all emergency management planning in the county and submit to the adjutant general such reports as 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.
166.03(5)(c)
(c) The head of emergency management services in each town and municipality shall direct local emergency management training programs and exercises, direct participation in emergency management programs and exercises ordered by the adjutant general and the county head of emergency management services, and advise the county head of emergency management services on local emergency management programs and submit to him or her such reports as he or she requires.
166.03(5)(d)
(d) During the continuance of a state of emergency proclaimed by the governor, the head of emergency management services in each county, town and municipality, on behalf of his or her respective county, town or municipality, may contract with any person to provide equipment and services on a cost basis to be used in disaster relief.
166.03(5a)
(5a) Role of state agency in emergency. Unless otherwise specified by law, the role of any state agency, including the department of military affairs and its division of emergency government, in an emergency under this chapter, is to assist local units of government and local law enforcement agencies in responding to the emergency.
166.03(6)
(6) Emergency use of vehicles. In responding to an official request for help during any state of emergency, any person may operate any vehicle without regard for motor vehicle registration laws and without being subject to arrest under
s. 341.04.
166.03(7)(a)(a) Counties, towns and municipalities may cooperate under
s. 66.0301 to furnish services, combine offices and finance emergency management services.
166.03(7)(b)
(b) Counties, towns and municipalities may contract for emergency management services with political subdivisions, emergency management units and civil defense units of this state, and upon prior approval of the adjutant general, with such entities in bordering states. A copy of each such agreement shall be filed with the adjutant general within 10 days after execution thereof.
166.03(7)(c)
(c) The state and its departments and independent agencies and each county, town and municipality shall furnish whatever services, equipment, supplies and personnel are required of them under this chapter.
166.03(8)(a)(a) No emergency management organization established under this section shall participate in any form of political activity or be employed directly or indirectly for any political activity.
166.03(8)(b)
(b) No emergency management organization established under this section shall be employed to interfere with the orderly process of a labor dispute.
166.03(8)(c)
(c) No person shall be employed or associated in any capacity in any emergency management organization under this section who advocates a change by force or violence in the constitutional form of government of the United States or this state or who has been convicted of or is under indictment or information charging any subversive act against the United States.
166.03(8)(d)
(d) Employees of municipal and county emergency management units are employees of the municipality or county to which the unit is attached for purposes of worker's compensation benefits. Employees of the area and state emergency management units are employees of the state for purposes of worker's compensation benefits. Volunteer emergency management workers are employees of the emergency management unit with whom duly registered in writing for purposes of worker's compensation benefits. An emergency management employee or volunteer who engages in emergency management activities upon order of any echelon in the emergency management organization other than that which carries his or her worker's compensation coverage shall be eligible for the same benefits as though employed by the governmental unit employing him or her. Any employment which is part of an emergency management program including but not restricted because of enumeration, test runs and other activities which have a training objective as well as emergency management activities during an emergency proclaimed in accordance with this chapter and which grows out of, and is incidental to, such emergency management activity is covered employment. Members of an emergency management unit who are not acting as employees of a private employer during emergency management activities are employees of the emergency management unit for which acting. If no pay agreement exists or if the contract pay is less, pay for worker's compensation purposes shall be computed in accordance with
s. 102.11.
166.03(8)(e)
(e) Emergency management employees as defined in
par. (d) shall be indemnified by their sponsor against any tort liability to third persons incurred in the performance of emergency management activities while acting in good faith and in a reasonable manner. Emergency management activities constitute a governmental function.
166.03(8)(f)
(f) If the total liability for worker's compensation benefits under
par. (d), indemnification under
par. (e), and loss from destruction of equipment under
sub. (9), incurred in any calendar year exceeds $1 per capita of the sponsor's population, the state shall reimburse the sponsor for the excess, except that if any additional costs are incurred in a future calendar year for an injury that occurred in the calendar year the state shall pay all of those additional costs. Payment shall be made from the appropriation in
s. 20.465 (3) (a) on certificate of the adjutant general.
166.03(8)(g)
(g) Emergency management employees as such shall receive no pay unless specific agreement for pay is made.
166.03(9)
(9) Bearing of losses. Any loss arising from the damage to or destruction of government-owned equipment utilized in any authorized emergency management activity shall be borne by the owner thereof.
166.03(10)
(10) Exemption from liability. No person who provides equipment or services under the direction of the governor, the adjutant general, the head of emergency management services in any county, town, municipality or federally recognized American Indian tribe or band in this state, the department of health and family services if that department is designated by the governor under
s. 166.03 (1) (b) 1., or a local health department acting under
s. 251.05 (3) (e) during a state of emergency declared by the governor is liable for the death of or injury to any person or damage to any property caused by his or her actions, except where the trier of fact finds that the person acted intentionally or with gross negligence. This subsection does not affect the right of any person to receive benefits to which he or she would otherwise be entitled under the worker's compensation law or under any pension law, nor does it affect entitlement to any other benefits or compensation authorized by state or federal law.
166.03(11)
(11) Powers of peace officers. During any state of emergency proclaimed by the governor or during any training program or exercises authorized by the adjutant general, any peace officer or traffic officer of the state, or of a county, city, village or town, when legally engaged in traffic control, escort duty or protective service, may carry out such functions at any point within 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.
