LRB-1478/1
TJD:skw
2021 - 2022 LEGISLATURE
March 9, 2022 - Introduced by Senators Testin and Stroebel, cosponsored by
Representatives Dittrich, Macco, Schraa and Horlacher. Referred to
Committee on Health.
SB1039,1,2 1An Act to create 252.03 (2g) and 252.03 (2r) of the statutes; relating to: local
2health officer orders to control the 2019 novel coronavirus.
Analysis by the Legislative Reference Bureau
Currently, local health officers have the statutory authority to do what is
reasonable and necessary for the prevention and suppression of disease and forbid
public gatherings when necessary to control outbreaks or epidemics among other
public health powers. In addition, local health officers must take all measures
necessary to prevent, suppress, and control communicable diseases and report those
measures to the appropriate governing body along with the progress of the
communicable disease.
This bill prohibits a local health officer from ordering the closure of or
forbidding gatherings in places of worship to control outbreaks and epidemics of the
2019 novel coronavirus, which causes COVID-19. Also, under the bill, a local health
officer may not directly enforce an order or directive to close or restrict the capacity
of businesses to control outbreaks and epidemics of the 2019 novel coronavirus. To
enforce any order or directive to control an outbreak or epidemic of the 2019 novel
coronavirus, the local health officer, after issuing the directive, must petition a court
to enforce the directive under the existing procedure for quarantine and isolation
court orders established by the Department of Health Services by rule. If the order
or directive seeks to close or restrict capacity of businesses, the local health officer
must first have approval by the committee of the local governmental unit that deals
with matters related to health to petition the court to seek enforcement of the order.
The approval must be within five business days of the request by the local health

officer in order to seek a court order for enforcement. The court may order a remedy
prescribed by DHS by rule or a penalty established by county, city, or village
ordinance if the courts finds a failure or refusal to comply with or obstruction of
execution of a directive issued under the provision of the bill.
Currently, the federal Transportation Security Administration administers a
list of individuals who are prohibited from boarding an airplane because those
individuals are contagious with an infectious disease. The bill prohibits a local
health officer from submitting the name of any individual to the TSA or other federal
agency for inclusion on that “do not board” list and from negotiating the terms of
removal of an individual from that list.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB1039,1 1Section 1. 252.03 (2g) of the statutes is created to read:
SB1039,2,32 252.03 (2g) (a) In this subsection, “local governmental unit” means a city,
3village, town, or county.
SB1039,2,54 (b) A local health officer may not order the closure of or forbid gatherings in
5places of worship to control outbreaks and epidemics of the 2019 novel coronavirus.
SB1039,2,86 (c) No order or directive by a local health officer to close or restrict the capacity
7of businesses to control outbreaks and epidemics of the 2019 novel coronavirus may
8be directly enforced except as provided under par. (d).
SB1039,3,69 (d) A local health officer seeking to enforce an order or directive against any
10person, establishment, or business that is issued for the purpose of controlling an
11outbreak or epidemic of the 2019 novel coronavirus shall issue the directive and
12petition a court in the manner consistent with s. DHS 145.06, Wis. Adm. Code, in
13effect on January 15, 2021, for enforcement of the directive. If the order or directive
14the local health officer seeks to enforce by petitioning the court under this paragraph
15is an order or directive to close or restrict capacity of a business, the local health
16officer may petition the court to enforce the order or directive only if the committee
17that deals with health matters of the local governmental unit in which the local

1health officer has jurisdiction approves the local health officer's request to petition
2the court within 5 business days of the local health officer making the request for
3approval. As a remedy for failure or refusal to comply with or obstruction with the
4execution of a directive issued in a manner consistent with this subsection, the court
5may order a remedy prescribed by the department by rule or may order any other
6penalty established by ordinance of the applicable county, city, or village.
SB1039,2 7Section 2. 252.03 (2r) of the statutes is created to read:
SB1039,3,88 252.03 (2r) A local health officer may not do any of the following:
SB1039,3,129 (a) Submit the name of any individual to the federal transportation security
10administration or other federal agency for inclusion on a list of individuals who are
11prohibited from boarding an airplane due to suspected infection with a
12communicable disease.
SB1039,3,1413 (b) Negotiate the terms of removal of an individual from the list described
14under par. (a).
SB1039,3,1515 (End)
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