The COVID Project
The record
- Jurisdiction
- Wisconsin
- Level
- State
- Authority
- Wis. Stat. 323.10 (joint resolution to revoke a state of emergency)
- Issued
- 2021-02-04 Feb. 4, 2021
- Effective
- 2021-02-04
- In force
- Feb. 4, 2021 to Sept. 30, 2021
- Quarters
- 2021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationOther
- Addressees
- Governor
- Department of Health Services
- Functions reached
- ends the EO 104 emergency and the Jan. 19, 2021 face-covering order; the Governor re-declared the same day (EO 105)
- Collection
- Wisconsin WI
Operative words
Resolved by the senate, the assembly concurring, That the governor had no authority to issue Executive Order #104 on January 19, 2021, and it was therefore void from the date of its issuance, as were any and all of the governor's actions or orders related to the declared public health emergency to the extent the authority for those orders or actions depended on Executive Order #104, or sections 323.10 or 323.12 of the statutes; and Be it further resolved, That regardless of whether Executive Order #104 should ever be construed as having conferred on the governor any authority to exercise the powers granted by section 323.10 of the statutes, Executive Order #104 is hereby terminated and revoked. The revocation of Executive Order #104 terminates any and all of the governor's actions or orders related to the declared public health emergency to the extent the authority for those orders or actions depend[ed on it].
Enforcement
Legislative revocation under Wis. Stat. 323.10
Notes
Recitals: EO 72 powers 'expired on May 11, 2020'; EOs 82, 90 and 95 'unlawfully issued'; cites Wisconsin Legislature v. Palm.
Retrieval noteThe enrolled text does not print the vote dates.