Skip to content
The COVID Project
  1. Library
  2. Wisconsin
  3. WI-018

Ex. WI-018 Order Primary source read

2021 Senate Joint Resolution 3 (Enrolled)

Relating to: terminating the COVID-19 public health emergency, including all emergency orders and actions taken pursuant to declaration of the public health emergency

Wisconsin Legislature (Senate and Assembly) · Wisconsin (State)

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
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 note

The enrolled text does not print the vote dates.