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Bill

SB 746

Relating to: local health officer authority to mandate business closure to control communicable disease.

2025-2026 Regular Session Introduced by Dianne Hesselbein and 4 co-sponsors

Authorizes Wisconsin local health officers to mandate business closures during communicable disease outbreaks, expanding emergency public health powers without additional legislative approval.

Failed to pass pursuant to Senate Joint Resolution 1
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WeVote Research Nonpartisan
Bill Summary · SB 746

Legislative bill overview

SB 746 would authorize local health officers in Wisconsin to mandate the closure of businesses as a measure to control the spread of communicable diseases. The bill grants public health officials explicit statutory authority to issue closure orders during disease outbreaks without requiring additional legislative or gubernatorial approval.

Why is this important

This bill directly addresses the legal framework for public health emergency responses. It clarifies and potentially expands the powers health officials used during the COVID-19 pandemic, which faced numerous legal challenges regarding their scope and duration. The outcome affects the balance between disease control measures and business continuity during future health crises.

Potential points of contention

  • Executive power scope: Opponents argue the bill grants unilateral authority to unelected officials without legislative oversight or defined duration limits, raising separation-of-powers concerns
  • Business impact and due process: Small business advocates contend mandatory closures cause severe economic harm and question whether adequate notice, hearing rights, or compensation mechanisms are included
  • Definitional clarity: The bill's application depends heavily on how "communicable disease" is defined and which diseases trigger closure authority—leaving potential for both over- and under-application

Compiled from official sources — confirm details with the bill’s official record.

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