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LRB-1863/1
MPG:kjf
2021 - 2022 LEGISLATURE
April 16, 2021 - Introduced by Representatives Sanfelippo, Neylon, Armstrong,
Brandtjen, Brooks, Cabral-Guevara, Duchow, Gundrum, Horlacher,
Knodl, Kuglitsch, Moses, Murphy, Ramthun, Rozar, Schraa and Steffen,
cosponsored by Senator Wimberger. Referred to Committee on State Affairs.
AB272,1,3 1An Act to renumber and amend 323.10; to amend 323.10 (title); and to create
2323.10 (1) (b), 323.10 (1) (c) and 323.10 (2) of the statutes; relating to:
3emergency declarations.
Analysis by the Legislative Reference Bureau
Under current law, 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 exists resulting from a disaster or the imminent threat of a disaster or
that a public health emergency exists. An emergency declaration lasts for 60 days
unless extended by joint resolution of the legislature. Either the governor or the
legislature by joint resolution may revoke an emergency declaration, but only the
legislature has the authority to extend an emergency declaration.
This bill makes all of the following changes to the laws relating to the governor's
authority to declare a state of emergency for the state or any portion of the state:
1. The governor may issue an executive order declaring a state of emergency
only if the executive order is additionally signed by at least two of the following: the
senate majority leader; the senate minority leader; the speaker of the assembly; the
assembly minority leader.
2. The governor may not issue successive executive orders declaring a state of
emergency based on the same disaster or public health crisis or based on
circumstances arising from or closely related to the same disaster or public health
crisis.
3. Upon issuing an executive order declaring a state of emergency, the governor
must call the legislature into special session for the purpose of considering the

executive order and all emergency orders issued pursuant to the executive order. The
executive order and each such emergency order terminates on the 30th day after the
day the executive order declaring an emergency was issued unless approved in whole
or in part by the legislature by joint resolution.
4. The legislature may by joint resolution extend a declaration of emergency
one or more times, as provided under current law, but each extension may last no
more than 30 days.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB272,1 1Section 1. 323.10 (title) of the statutes is amended to read:
AB272,2,2 2323.10 (title) Declaration by governor ; legislative approval.
AB272,2 3Section 2. 323.10 of the statutes is renumbered 323.10 (1) (a) and amended
4to read:
AB272,3,25 323.10 (1) (a) The Subject to pars. (b) and (c), the governor may issue an
6executive order declaring a state of emergency for the state or any portion of the state
7if he or she determines that an emergency resulting from a disaster or the imminent
8threat of a disaster exists. If the governor determines that a public health emergency
9exists, he or she may issue an executive order declaring a state of emergency related
10to public health for the state or any portion of the state and may designate the
11department of health services as the lead state agency to respond to that emergency.
12If the governor determines that the emergency is related to computer or
13telecommunication systems, he or she may designate the department of
14administration as the lead agency to respond to that emergency. A state of
15emergency shall not exceed 60 days, unless the state of emergency is extended one
16or more times, each of which may not exceed 30 days,
by joint resolution of the
17legislature. A copy of the executive order shall be filed with the secretary of state.
18The executive order may be revoked terminated at the discretion of either the

1governor by executive order or the legislature by joint resolution or as provided in
2sub. (2)
.
AB272,3 3Section 3. 323.10 (1) (b) of the statutes is created to read:
AB272,3,64 323.10 (1) (b) The governor may not issue an executive order under this
5subsection unless the executive order is signed by at least 2 of the following in
6addition to the governor:
AB272,3,77 1. The senate majority leader.
AB272,3,88 2. The senate minority leader.
AB272,3,99 3. The speaker of the assembly.
AB272,3,1010 4. The assembly minority leader.
AB272,4 11Section 4. 323.10 (1) (c) of the statutes is created to read:
AB272,3,1512 323.10 (1) (c) The governor may not issue successive executive orders under
13this subsection based on the same disaster or public health emergency or based on
14circumstances arising from or closely related to the same disaster or public health
15emergency.
AB272,5 16Section 5. 323.10 (2) of the statutes is created to read:
AB272,3,2217 323.10 (2) Upon issuing an executive order declaring a state of emergency
18under sub. (1), the governor shall call the legislature into special session for the
19purpose of considering the executive order and all emergency orders issued pursuant
20to the executive order. The executive order and each such emergency order shall
21terminate on the 30th day after the day the executive order was issued under sub.
22(1) unless approved in whole or in part by the legislature by joint resolution.
AB272,3,2323 (End)
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