Time limits on local unit of government chief executive officer emergency power proclamations, the official text

2025 - 2026 LEGISLATURE
LRB-3283/1
JAM:cdc

2025 SENATE BILL 310
June 4, 2025 - Introduced by Senators Tomczyk, Kapenga and Wanggaard, cosponsored by Representatives B. Jacobson, Ortiz-Velez, Allen, Behnke, Brill, Donovan, Goodwin, Gundrum, Kaufert, Kitchens, Knodl, Krug, Maxey, Melotik, Murphy, O'Connor, Piwowarczyk, Sortwell and Tusler. Referred to Committee on Transportation and Local Government.

An Act to renumber and amend 323.14 (4) (b); to create 323.14 (4) (b) 1. of the statutes; relating to: time limits on local unit of government chief executive officer emergency power proclamations.

Analysis by the Legislative Reference Bureau
Under current law, a local unit of government’s chief executive officer may exercise by proclamation the emergency power conferred to the local unit of government if the local unit of government’s governing body is unable to meet promptly. This bill limits the length of such proclamation to 60 days, unless extended by the local unit of government’s governing body. The bill also defines “chief executive officer” as any of the following: 1) the county executive of a county, the county administrator of a county, or, in a county with an administrative coordinator, the county board chair of a county; 2) the mayor or city manager of a city; 3) the village president of a village; 4) the town board chairperson of a town; or 5) a person acting as one of the above stated persons.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. 323.14 (4) (b) of the statutes is renumbered 323.14 (4) (b) 2. and amended to read:
323.14 (4) (b) 2. If, because of the emergency conditions, the governing body of the local unit of government is unable to meet promptly, the chief executive officer or acting chief executive officer of any local unit of government shall exercise by proclamation all of the powers conferred upon the governing body under par. (a) or s. 323.11 that appear necessary and expedient. The proclamation shall not exceed 60 days, unless the proclamation is extended by the governing body. The proclamation shall be subject to ratification, alteration, modification, extension, or repeal by the governing body as soon as that body can meet, but the subsequent action taken by the governing body shall not affect the prior validity of the proclamation.
Section 2. 323.14 (4) (b) 1. of the statutes is created to read:
323.14 (4) (b) 1. In this paragraph, “chief executive officer” means any of the following:
a. The county executive of a county, the county administrator of a county, or, in a county with an administrative coordinator, the county board chair of a county.
b. The mayor or city manager of a city.
c. The village president of a village.
d. The town board chairperson of a town.
e. A person acting as, or temporarily filling the role of, a person listed in subd. 1. a. to d.
(end)