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Ex. DUT-WI-003 Standing duty Primary source read

Wis. Stat. § 252.06 (2019-20), Isolation and quarantine

Isolation and quarantine: DHS or local officer may require isolation, quarantine of contacts and disinfection (1); mandatory action on reasonable belief in a communicable disease (3); persons forbidden direct contact; entry into isolation or quarantine premises an offense when § 250.042(1) applies (4); quarantine guards with police powers (5); removal to a separate place (6)

Wisconsin Legislature (codified statute; executed by DHS and local health officers) · Wisconsin (State)

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
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 note

Sub. (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.