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; out-of-state assistance. 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(5)
(5) Work performed by an out-of-state business or employee. 323.12(5)(a)1.
1. “Declared state of emergency" means a state of emergency declared by the governor under
s. 323.10.
323.12(5)(a)2.
2. “Disaster period" means the time that begins 10 days before a declared state of emergency and ends 60 days after the declared state of emergency ends.