Skip to content

Legislation Would Restore Mandate for Business Closures – Essential vs. Non-Essential

Legislation Would Restore Mandate for Business Closures – Essential vs. Non-Essential

January 16, 2024 Last Edit: July 18, 2024

Senate Bill 808, introduced by Senator Diane Hesselbein (Middleton) and Representative Mike Bare (Mt. Horeb), would restore the authority of local health agencies to mandate the closing of small businesses during a health emergency.

Bipartisan legislation, signed into law by Governor Tony Evers, eliminated the authority of public health officials to issue orders that distinguish between essential and non-essential businesses. NFIB, on behalf of Wisconsin’s small business community, commended the Governor’s action and applauded lawmakers for approving legislation that eliminates the broad authority of government to mandate the closing of small businesses during a health emergency.

NFIB State Director Bill G. Smith comments, “While government said big box retailers were essential and would continue to operate during the pandemic, small businesses were declared non-essential and ordered shut down causing hardship and serious economic challenges for thousands of Wisconsin small businesses.”

Senate Bill 808, introduced by Senator Diane Hesselbein (Middleton) and Representative Mike Bare (Mt. Horeb), would restore the authority of local health agencies to mandate the closing of small businesses during a health emergency.

According to a recent survey, 97 percent of NFIB members who responded believe all businesses should have the opportunity to keep their doors open during a health emergency, and are opposed to providing local governments with the authority to determine which businesses are essential or non-essential in their communities.

Senate Bill 808 has been referred to the Senate Committee on Health.

NFIB members are encouraged to contact their state elected officials and urge them to oppose passage of Senate Bill 808.

Get to know NFIB

NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.

Receive our newsletter and email notification
Knowledge is power. Let us help you stay informed with breaking legislative news, regulatory updates, business tips, and more.

Related Articles

February 17, 2026
Tax Relief Compromise Delivers Relief for Wisconsin Small Businesses
NFIB urges Wisconsin Governor Evers to accept proposal from legislative leaders
Read More
February 17, 2026
NFIB California Main Street Minute, February 16-20
Assemblyman makes third try at single-payer health care
Read More
February 15, 2026
NFIB-Negotiated Wage Bill Passes House, 94-0
Senate votes to add $44 million in increased health care costs on small businesses
Read More
February 13, 2026
New Benefit for Ohio NFIB Members: Sedgwick Group Health Program
Take Control of Rising Healthcare Costs
Read More

© 2001 - 2026 National Federation of Independent Business. All Rights Reserved. Terms and Conditions | Privacy Policy | Accessibility