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.
History: 2009 a. 42 s. 72; Stats. 2009 s. 323.10.
This section specifies that no state of emergency may last longer than 60 days unless it is extended by joint resolution of the legislature and that the legislature may cut short a state of emergency by joint resolution. This section contemplates that the power to end and to refuse to extend a state of emergency resides with the legislature even when the underlying occurrence creating the emergency remains a threat. Therefore, when a governor relies on the same enabling condition for multiple states of emergency, or declares a new state of emergency to replace a state of emergency terminated by the legislature, the governor acts contrary to the statute's plain meaning. Fabick v. Evers, 2021 WI 28, 396 Wis. 2d 231, 956 N.W.2d 856, 20-1718.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 323 - Emergency management.
323.01 - Declaration of policy.
323.10 - Declaration by governor.
323.11 - Declaration by local government.
323.12 - Governor; duties and powers; out-of-state assistance.
323.13 - Adjutant general; duties and powers.
323.14 - Local government; duties and powers.
323.15 - Heads of emergency management; duties and powers.
323.16 - Powers of law enforcement officers.
323.17 - State traffic patrol officers and conservation wardens.
323.18 - State agency volunteers.
323.19 - State official authority to grant variances to statutes and rules for a disaster.
323.20 - Emergency use of vehicles.
323.24 - Prohibition against restricting firearms or ammunition during emergency.
323.25 - Personnel restrictions.
323.26 - Electronic communications.
323.29 - Statewide public safety interoperable communication system.
323.2911 - Public employee health insurance coverage.
323.2912 - Suspension of limited term appointment hours.
323.2913 - Use of annual leave during probationary period by state employee.
323.2915 - State civil service grievance procedures.
323.30 - Federal disaster assistance.
323.31 - State disaster assistance.
323.40 - Responsibility for worker's compensation.
323.41 - Liability of state or local unit of government.
323.42 - Reimbursement of local units of government.
323.45 - Providers of equipment and other items.
323.51 - Emergency seat of state government.
323.52 - Temporary locations of government for local units of government.
323.53 - Succession to office; state officers.
323.54 - Succession to office; local officers.
323.60 - Hazardous substances information and emergency planning.
323.61 - Emergency planning grants.
323.62 - Mobile field force grants.
323.70 - Hazardous substance emergency response.
323.71 - Local agency response and reimbursement.
323.72 - Urban search and rescue emergency response.
323.80 - Emergency management assistance compact.
323.81 - State and province emergency management assistance compact.