This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRB-5953/1
SWB&MLJ:amn
2019 - 2020 LEGISLATURE
March 26, 2020 - Introduced by Senators Craig and Kapenga, cosponsored by
Representatives Sortwell, Ramthun, Brandtjen and Wichgers. Referred to
Committee on Insurance, Financial Services, Government Oversight and
Courts.
SB923,1,8 1An Act to renumber and amend 323.10; and to create 175.39, 252.02 (7m),
2252.02 (8), 323.10 (3), 323.12 (1) (d) and 323.14 (3) (c) of the statutes; relating
3to:
the length of time for a declared state of emergency; reporting of arrests for
4a violation of an order relating to the control of an outbreak or epidemic;
5requiring legislative approval of any statewide order mandating individuals to
6stay at home for reasons related to an epidemic, pandemic, or communicable
7disease; requiring a written report to the legislature detailing the justification
8for any ban of gatherings of 50 or fewer individuals.
Analysis by the Legislative Reference Bureau
Under current law, the governor may issue an executive order declaring a state
of emergency if he or she determines that an emergency exists due to disaster, public
health emergency, or computer or telecommunications systems. Under current law,
a state of emergency cannot exceed 60 days, unless it is extended by joint resolution
of the legislature, and the executive order may be revoked at the discretion of either
the governor by executive order or the legislature by joint resolution.
This bill requires the governor to submit a copy of any order declaring a state
of emergency that may exceed 30 days to the Joint Committee on Legislative
Organization. Under the bill, if the cochairpersons of JCLO do not notify the

governor that JCLO has scheduled a meeting to review the order within 14 working
days after the date the governor submits the order, the state of emergency may last
for up to 60 days. If, within 14 working days after the date the governor submits the
order, the cochairpersons of JCLO notify the governor that JCLO has scheduled a
meeting to review the order, the state of emergency may exceed 30 days only if
approved or as modified by JCLO. This bill applies retroactively to any executive
order declaring a state of emergency that is in effect on the effective date of the bill.
Under current law, a person who fails to comply with an order issued by the
Department of Health Services for the control of an outbreak or epidemic may be
imprisoned for not more than 30 days or fined not more than $500 or both. Under
this bill, if a person is arrested for such a violation, the arresting law enforcement
agency must immediately report the arrest to the legislature.
This bill provides that any statewide order issued by DHS or any other state
agency requiring individuals to stay at their home or place of residence for reasons
related to an epidemic, pandemic, or communicable disease may not go into effect
unless legislation authorizing the specific order is enacted.
Under current law, the governor may issue an executive order declaring a state
of emergency. During a declared state of emergency, state agencies have authority
to issue orders and otherwise act to respond to the emergency. Regardless of whether
a state of emergency has been declared, under current law, without additional
approval, DHS may, among other things, close schools and forbid public gatherings
in schools, churches, and other places to control outbreaks and epidemics, and
authorize and implement all emergency measures necessary to control
communicable diseases.
This bill requires that before any ban of gatherings of 50 or fewer individuals
goes into effect, a written report be submitted to the legislature detailing the
justification for the ban, including how the restrictions in the order serve a
compelling governmental interest and are narrowly tailored to achieve that
compelling governmental interest.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB923,1 1Section 1. 175.39 of the statutes is created to read:
SB923,2,4 2175.39 Arrest for violation of an order related to the control of an
3outbreak or epidemic.
(1) In this section, “law enforcement agency” has the
4meaning given in s. 165.83 (1) (b).
SB923,3,3 5(2) If a person is arrested for violation of s. 252.25 for failure to comply with
6an order issued under ch. 252 relating to the control of an outbreak or epidemic, the

1arresting law enforcement agency shall immediately submit a report of the arrest to
2the chief clerk of each house of the legislature for distribution to the legislature under
3s. 13.172 (2).
SB923,2 4Section 2. 252.02 (7m) of the statutes is created to read:
SB923,3,105 252.02 (7m) Before the department issues any order banning gatherings of 50
6or fewer individuals under this section, the department of health services shall
7submit to the legislature under s. 13.172 (2) a report detailing the justification for
8the order, including how the restrictions in the order serve a compelling
9governmental interest and are narrowly tailored to achieve that compelling
10governmental interest.
SB923,3 11Section 3. 252.02 (8) of the statutes is created to read:
SB923,3,1512 252.02 (8) Any statewide order issued by the department or any other state
13agency requiring individuals present in the state to stay at their home or place of
14residence for reasons relating to an epidemic, pandemic, or communicable disease,
15may not take effect unless legislation has been enacted authorizing the specific order.
SB923,4 16Section 4. 323.10 of the statutes is renumbered 323.10 (1) and amended to
17read:
SB923,4,318 323.10 (1) The governor may issue an executive order declaring a state of
19emergency for the state or any portion of the state if he or she determines that an
20emergency resulting from a disaster or the imminent threat of a disaster exists. If
21the governor determines that a public health emergency exists, he or she may issue
22an executive order declaring a state of emergency related to public health for the
23state or any portion of the state and may designate the department of health services
24as the lead state agency to respond to that emergency. If the governor determines
25that the emergency is related to computer or telecommunication systems, he or she

1may designate the department of administration as the lead agency to respond to
2that emergency. A state of emergency shall not exceed 60 days, unless the state of
3emergency is extended by joint resolution of the legislature.
SB923,4,6 4(2) A copy of the executive order shall be filed with the secretary of state. The
5executive order may be revoked at the discretion of either the governor by executive
6order or the legislature by joint resolution.
SB923,5 7Section 5. 323.10 (3) of the statutes is created to read:
SB923,4,98 323.10 (3) (a) A state of emergency may not exceed 60 days, unless the state
9of emergency is extended by joint resolution of the legislature.
SB923,4,1810 (b) If a state of emergency is declared that may exceed 30 days, the governor
11shall submit a copy of the executive order to the joint committee on legislative
12organization. If the cochairpersons of the committee do not notify the governor that
13the committee has scheduled a meeting to review the order within 14 working days
14after the date the governor submits the order, the state of emergency may last for up
15to 60 days. If, within 14 working days after the date the governor submits the order,
16the cochairpersons of the committee notify the governor that the committee has
17scheduled a meeting to review the order, the state of emergency may exceed 30 days
18only if approved or as modified by the committee.
SB923,6 19Section 6. 323.12 (1) (d) of the statutes is created to read:
SB923,4,2520 323.12 (1) (d) Before issuing or directing issuance of any order banning
21gatherings of 50 or fewer individuals under this section, the governor, or the agency
22directed by the governor, submit to the legislature a report detailing the justification
23for the order, including how the restrictions in the order serve a compelling
24governmental interest and are narrowly tailored to achieve that compelling
25governmental interest.
SB923,7
1Section 7. 323.14 (3) (c) of the statutes is created to read:
SB923,5,72 323.14 (3) (c) Before issuing or directing issuance of any order banning
3gatherings of 50 or fewer individuals under this section, the governing body of a local
4unit of government or its agent shall submit to the legislature a report detailing the
5justification for the order, including how the restrictions in the order serve a
6compelling governmental interest and are narrowly tailored to achieve that
7compelling governmental interest.
SB923,8 8Section 8. Initial applicability.
SB923,5,119 (1) Declaration of a state of emergency. The treatment of s. 323.10 first
10applies retroactively to any executive order declaring a state of emergency in effect
11on the effective date of this subsection.
SB923,5,1212 (End)
Loading...
Loading...