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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.

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