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Ex. DUT-WI-005 Standing duty Primary source read

Wis. Stat. § 323.12 (2019-20), Powers and duties of the governor

Powers and duties of the governor, including powers during an emergency: priority of emergency contracts, orders 'necessary for the security of persons and property,' suspension of administrative rules

Wisconsin Legislature (codified statute; exercised by the Governor) · Wisconsin (State)

The COVID Project

The record

Jurisdiction
Wisconsin
Level
State
Authority
Wis. Stat. ch. 323, Emergency Management
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
Limitation types
Emergency declarationStanding duty
Addressees
  • persons generally (through the orders issued under it)
Character
statutory authority
Collection
Standing duties: Wisconsin DUT-WI

Operative words

(4) Powers during an emergency. The governor may do all of the following during a state of emergency... (b) Issue such orders as he or she deems necessary for the security of persons and property.

Penalty

§ 323.28 (DUT-WI-006): forfeiture not more than $200 for intentional failure to comply.

What it required

The statutory source of every statewide face-covering order (Ex. WI-009, WI-011, WI-015, WI-017, WI-020), each of which recited § 323.12(4)(b) and bound every individual age five and older indoors outside a private residence from August 1, 2020 to March 31, 2021. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Fabick v. Evers, 2021 WI 28 (Ex. WI-021) held Executive Orders #82, #90 and #105 unlawful under § 323.10's 60-day limit; the orders under them fell with them (Fabick n.19). The power in § 323.12(4)(b) and the penalty in § 323.28 were not questioned. The 2023-24 chapter is Ex. WI-040.