The Governor declared this emergency through Executive Order #72 on March 12, 2020. In this order, the Governor designated the Department of Health Services as the lead agency in handling the emergency, which is also specifically authorized by the statute.
The Governor’s emergency power is not specifically granted by the Wisconsin Constitution but it is granted statutorily at Section 323.10. The Governor has the constitutional authority, in the event of “danger from the prevalence of contagious disease at the seat of government, to convene [the legislature] at any other suitable place within the state." (Wisconsin Constitution Article V section 4)
Emergency powers were first granted as a civil defense measure in 1960 (Chapter 628, Laws of 1959). A provision specifically granting the Governor a right to declare public health emergencies was added in 2002 (2001 Wisconsin Act 109, section 340j). This act was based on a model act that appeared to be geared toward a response to bio-terrorism events following terrorist attacks in 2001. The law provided a broad definition of public health emergency that allows the executive emergency power to be applied to non-terrorist public health events.
Wisconsin’s emergency statute specifies that a declaration of emergency expires 60 days after it is issued; the emergency can only be extended by a joint resolution of the Legislature. The Legislature also has the authority to terminate the emergency declaration by joint resolution.
