The COVID Project
The record
- Jurisdiction
- Wisconsin
- Level
- State
- Authority
- Wis. Stat. ch. 252, Communicable Diseases; § 250.042 (public health emergency powers)
- Effective
- standing
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Quarantine and isolationStanding duty
- Addressees
- persons generally (cases, contacts, and any person entering isolation or quarantine premises); employers through the exclusion of isolated and quarantined workers
- Character
- statutory duty
- Collection
- Standing duties: Wisconsin DUT-WI
Operative words
(3)... a reasonable belief in the existence of a communicable disease shall require the local health officer immediately to quarantine, isolate, require restrictions or take other communicable disease control measures in the manner, upon the persons and for the time specified in rules promulgated by the department.... The local health officer shall... act to protect the public.
Penalty
Sub. (4)(b)2.: fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both, for entering isolation or quarantine premises when § 250.042(1) applies; otherwise § 252.25 (30 days / $500); enforcement by quarantine guards with police powers (sub. (5)).
What it required
Any employee who was a case or a contact could be ordered into isolation or quarantine and excluded from the workplace by mandatory action of the local health officer; when § 250.042(1) applied (a declared public health emergency), 'No person, other than a person authorized by the public health authority... may enter an isolation or quarantine premises,' on pain of a fine up to $10,000 or imprisonment up to 9 months (sub. (4)(b)); quarantine guards 'shall have police powers, and may use all necessary means to enforce the state laws for the prevention and control of communicable diseases' (sub. (5)).
Retrieval noteSub. (4)(b) operated while a § 323.10 public health emergency was declared: Executive Order #72 (Mar. 12-May 11, 2020, Ex. WI-001) and the declarations of July 30, Sept. 22, Nov. 20, 2020, Jan. 19 and Feb. 4, 2021 (Ex. WI-008, WI-010, WI-014, WI-016, WI-019), the last three held unlawful in Fabick v. Evers, 2021 WI 28 (Ex. WI-021). Sub. (3) and sub. (5) are not tied to any declaration and ran through Q3 2021.