323.12 Governor; duties and powers; out-of-state assistance.

436 words·~2 min read·/wi/chapter-323/323-12-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Ongoing duties. The governor shall do all of the following:

(a)Review orders establishing or altering emergency management areas.

(b)Review state emergency management plans and modifications to the plans.

(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.

(2)Ongoing powers. The governor may do all of the following:

(a)On behalf of the state, enter into mutual aid agreements concerning emergency management with other states.

(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.

(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.

(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.

(4)Powers during an emergency. The governor may do all of the following during a state of emergency declared under s. 323.10 :

(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 .

(b)Issue such orders as he or she deems necessary for the security of persons and property.

(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.

(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.