Wisconsin Statutes & Annotations
Chapter 323 - Emergency management.
323.55 - Interim successors.

323.55 Interim successors.
(1) Status and qualifications of designees. No person may be designated or serve as an interim successor under this subchapter 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 statutory provision prohibiting local or state officials from holding another office shall be applicable to an interim successor.
(2) Formalities of taking office. Interim successors shall take any oath 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.
(3) Period during which authority may be exercised. An interim successor to an office may discharge the duties of the office 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 an interim successor to exercise the powers and discharge the duties of office provided in this subchapter.
NOTE: Sub. (3) is amended by 2009 Wis. Act 42, effective the day after the secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, to read as follows:
(4) Removal of designees. Until such time as the persons designated as interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this subchapter, those persons shall serve in their designated capacities at the pleasure of the designating authority.
(5) Disputes. Any dispute concerning a question of fact arising under this subchapter 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 subchapter to exercise the powers and discharge the duties of the office of governor and his or her decision shall be final.
History: 2009 a. 42 ss. 145 to 149, 316, 317; Stats. 2009 s. 323.55.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 323 - Emergency management.

323.01 - Declaration of policy.

323.02 - Definitions.

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.

323.265 - Suspension of certain deadlines and training requirements during a public health emergency.

323.27 - Electronic payments.

323.28 - Penalties.

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.

323.43 - Bearing of losses.

323.44 - Public shelters.

323.45 - Providers of equipment and other items.

323.50 - Definitions.

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.

323.55 - Interim successors.

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.