{"id":"DUT-WI-017","kind":"duty","level":"state","jurisdiction":"Wisconsin","state":"WI","metro":"","industry":"","agency":"","eco":"","issuer":"Joshua L. Kaul, Attorney General of Wisconsin (Wisconsin Department of Justice)","authority":"Wis. Stat. §§ 165.25(3), 59.42(1)(c) (opinions to county officials); interim opinion issued outside the ordinary comment process because of the emergency (¶ 8)","instrument":"Interim Attorney General Opinion OAG-03-20 to Outagamie County Executive Thomas Nelson","title":"Effect of Wisconsin Legislature v. Palm, 2020 WI 42, on local health officers\u0027 powers under Wis. Stat. § 252.03 to issue orders responding to COVID-19","dateIssued":"2020-05-15","effective":"2020-05-15","end":"n/a (opinion; confirmed by Becker v. Dane County, 2022 WI 63, Ex. WI-024)","startDate":"2020-05-15","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["OTHER","GATH","CLOSE"],"addressees":["local health officers and local governments (the addressees); all businesses and persons within their orders"],"clause":"That statute does not govern the authority of local health officers, which is separately set out in Wis. Stat. § 252.03. That separate grant of local authority provides, among other things, powers to \u0022prevent, suppress and control communicable diseases\u0022 and \u0022forbid public gatherings...\u0022... the Palm decision is not directly controlling on powers under the latter statute.","enforcement":"n/a (opinion); enforcement of local orders by ordinance forfeiture as recommended (Dane County Ordinance § 46.40; Madison Municipal Ordinance § 7.05(6); Ex. MET-MKE-006 § 9), upheld in Becker.","functions":[],"notes":"Told every county and municipality, two days after Palm, that § 252.03 orders remained lawful (\u0027nothing in the supreme court\u0027s decision... limits other measures directed by a local authority under Wis. Stat. § 252.03,\u0027 ¶ 7), that Palm\u0027s rulemaking analysis under ch. 227 and 2011 Act 21 \u0027apply only to state agencies\u0027 (¶ 6), and that enforcement should proceed \u0027to ordinances or administrative enforcement\u0027 rather than § 252.25 criminal penalties (¶ 5); the counties and cities then issued the orders that bound businesses through Q3 2021. Character as recorded: agency_interpretation (Attorney General opinion).","sourceUrl":"https://www.doj.state.wi.us/sites/default/files/OAG-03-20.pdf","snapshot":"https://web.archive.org/web/20200516014309/https://www.doj.state.wi.us/sites/default/files/OAG-03-20.pdf","fileExists":true,"fileBytes":150073,"grade":"primary","character":"agency_interpretation","description":"","collection":"DUT-WI","url":"/library/DUT-WI-017","exhibitUrl":"/exhibit/DUT-WI-017","citation":"Joshua L. Kaul, Attorney General of Wisconsin (Wisconsin Department of Justice), Interim Attorney General Opinion OAG-03-20 to Outagamie County Executive Thomas Nelson (May 15, 2020) (Ex. DUT-WI-017)","stateName":"Wisconsin","related":["WI-024","MET-MKE-006","DUT-WI-002","DUT-WI-004"]}