Current law allows an employer to create a work-share program within a work
unit of the employer. Under a work-share program, the working hours of all of the
full-time employees in the program are reduced in an equitable manner in lieu of a
layoff of some of the employees and a continuation of full-time employment by the
other employees. A claimant for UI benefits who is included in a work-share
program may receive UI benefits during his or her continued employment with the
work-share employer in an amount equal to the claimant's benefit for total

unemployment multiplied by the same percentage reduction in normal working
hours that the claimant incurs under the program. Current law also provides for the
temporary modification of certain requirements that apply to work-share plans with
respect to work-share plans submitted on or after April 17, 2020, and before
December 31, 2020. This bill extends the applicability of these modifications until
the earlier of the conclusion of a national emergency declared by the U.S. president
in response to the 2019 novel coronavirus or July 4, 2021.
Unemployment insurance; federal extended benefits
Under federal law, the extended benefits program provides for additional weeks
of UI benefits, which are usually funded 50 percent by the federal government and
50 percent by the particular state. The extended benefits program is activated, and
deactivated, in a state when the state's insured unemployment rate or total
unemployment rate reaches certain thresholds, except that federal and state laws
also require an “off” period of 13 weeks before an extended benefits period may be
activated following a prior extended benefits period for the state. However, the
Continued Assistance for Unemployed Workers Act of 2020 provides that states may
opt out of the mandatory 13-week off period between November 1, 2020, and
December 31, 2021. The bill provides that DWD may, until June 30, 2021, waive this
requirement for the 13-week off period under state law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1-ASA1,1 1Section 1 . 16.75 (6) (em) of the statutes is created to read:
AB1-ASA1,3,102 16.75 (6) (em) The governor may waive any requirement of this subchapter,
3except s. 16.705 (1r), for the purpose of expediting the information technology
4systems project under s. 108.14 (27) if the governor finds the waiver is necessary to
5timely complete the project. The governor shall require the award of each contract
6under this paragraph to be made with such competition as is practicable under the
7circumstances. The governor shall file with the department a statement of facts
8constituting the necessity for each waiver issued under this paragraph and a
9statement of the basis for selection of each contractor under this procedure. This
10paragraph does not apply to the requirement specified in sub. (7).
AB1-ASA1,2 11Section 2 . 108.04 (3) (b) of the statutes is amended to read:
1108.04 (3) (b) Paragraph (a) does not apply with respect to benefit years that
2begin after March 12, 2020, and before February 7 March 14, 2021. The department
3shall seek the maximum amount of federal reimbursement for benefits that are,
4during the time period specified in this paragraph, payable for the first week of a
5claimant's benefit year as a result of the application of this paragraph.
AB1-ASA1,3 6Section 3 . 108.062 (20) (intro.) of the statutes is amended to read:
AB1-ASA1,4,157 108.062 (20) Suspensions of certain provisions. (intro.) Notwithstanding sub.
8(2), this subsection, and not sub. (2), applies to work-share plans submitted on or
9after April 17, 2020, and before December 31, 2020 the conclusion of a national
10emergency declared by the U.S. president under 50 USC 1621 in response to the 2019
11novel coronavirus or July 4, 2021, whichever is earlier
, subject to sub. (19). During
12that period, prior to implementing a work-share program, an employer shall submit
13a work-share plan for the approval of the department. In its submittal, the employer
14shall certify that its plan is in compliance with all requirements under this section.
15Each plan shall:
AB1-ASA1,4 16Section 4 . 108.07 (5) (bm) 1. of the statutes is amended to read:
AB1-ASA1,4,2117 108.07 (5) (bm) 1. The Subject to subd. 1m., the department shall, when
18processing initial claims for regular benefits, determine whether a claim or plan is
19related to the public health emergency declared on March 12, 2020, by executive
20order 72. If a claim is so related, the regular benefits for that claim shall, except as
21provided in subd. 2., be paid as provided in subd. 3.
AB1-ASA1,5 22Section 5 . 108.07 (5) (bm) 1m. of the statutes is created to read:
AB1-ASA1,5,523 108.07 (5) (bm) 1m. For purposes of this paragraph, the department shall
24presume that an initial claim for benefit years beginning on or after March 15, 2020,
25through March 13, 2021, relates to the public health emergency declared on March

112, 2020, by Executive Order 72 unless the claimant's most recent separation from
2employment is due to a labor dispute, voluntary termination of work, discharge for
3misconduct, or discharge for substantial fault. An employer is not required to submit
4a request for charging relief under this paragraph for initial claims described in this
AB1-ASA1,6 6Section 6 . 108.07 (5) (bm) 2. a. of the statutes is amended to read:
AB1-ASA1,5,97 108.07 (5) (bm) 2. a. Subdivision 1. applies only with respect to benefits payable
8for weeks beginning after March 12, 2020, and beginning before December 31, 2020
9March 14, 2021.
AB1-ASA1,7 10Section 7 . 108.14 (27) of the statutes is created to read:
AB1-ASA1,5,1611 108.14 (27) (a) 1. The department of workforce development shall, in
12cooperation with the department of administration as required under subch. VII of
13ch. 16, undertake a project to update its information technology systems used for
14processing and paying claims for benefits. The department shall seek and exhaust
15any federal funding available to use for the project, including any funding made
16available by federal COVID-19 relief legislation.
AB1-ASA1,6,417 2. The project under this paragraph shall be undertaken no later than June 30,
182021, except that if the departments are unable to undertake the project by that date,
19the department may request from the joint committee on finance an extension not
20to exceed 90 days in a written submission that includes a report on the progress on
21the project and the reason an extension is needed. If the cochairpersons of the joint
22committee on finance do not notify the department within 14 working days after the
23date of the request for an extension under this subdivision that the committee has
24scheduled a meeting for the purpose of reviewing the extension request, the
25extension is considered granted. If, within 14 working days after the date of the

1request for an extension under this subdivision, the cochairpersons of the committee
2notify the department that the committee has scheduled a meeting for the purpose
3of reviewing the extension request, the department may consider the extension
4granted only upon approval by the committee.
AB1-ASA1,6,95 (b) A request for proposals for the project under par. (a) shall be issued no later
6than the 30th day after the effective date of this paragraph .... [LRB inserts date].
7The department of workforce development and the department of administration
8shall report to the joint committee on finance and the joint committee on information
9policy and technology on the results of the request for proposals.
AB1-ASA1,6,1410 (c) The department may submit to the joint committee on finance one or more
11requests to make supplementations or transfers under s. 13.101 (3) or (4) for the
12purpose of obtaining funding for the project under par. (a). If the joint committee on
13finance approves a request in whole or in part, the committee may transfer moneys
14without making any of the findings required under s. 13.101 (3) or (4).
AB1-ASA1,6,1615 (d) The department may finance the project under par. (a) under a master lease
16entered into as provided in s. 16.76 (4).
AB1-ASA1,6,2017 (e) 1. The department of workforce development and the department of
18administration shall report to the joint committee on finance and the joint committee
19on information policy and technology on the project under par. (a) as provided in
20subd. 2. Each report prepared under this paragraph shall include all of the following:
AB1-ASA1,6,2121 a. An overview of the project.
AB1-ASA1,6,2222 b. The status of the project, including targeted implementation dates.
AB1-ASA1,6,2423 c. An analysis of the cost of the project, how the project is being funded, and all
24resources being used to implement the project.
12. The department shall submit an initial report under subd. 1. no later than
2the 60th day after the effective date of this subdivision .... [LRB inserts date]. The
3department shall make additional reports each quarter, which shall be submitted no
4later than the end of the month following each such quarter, for each succeeding
5quarter ending after the date of the initial report.
AB1-ASA1,7,76 3. Subdivision 1. does not apply beginning on the date that the project is
7considered complete, as determined by the joint committee on finance.
AB1-ASA1,8 8Section 8 . 895.476 of the statutes is created to read:
AB1-ASA1,7,10 9895.476 Civil liability exemption; exposure to the novel coronavirus
10SARS-CoV-2 or COVID-19.
(1) In this section:
AB1-ASA1,7,1311 (a) “COVID-19” means the infection caused by the novel coronavirus
12SARS-CoV-2 or by any viral strain originating from SARS-CoV-2, and conditions
13associated with the infection.
AB1-ASA1,7,1914 (b) “Entity” means a partnership, corporation, association, governmental
15entity, tribal government, tribal entity, or other legal entity, including a school,
16institution of higher education, or nonprofit organization. “Entity” includes an
17employer or business owner, employee, agent, or independent contractor of the
18entity, regardless of whether the person is paid or an unpaid volunteer. “ Entity”
19includes an employer covered under ch. 108.
AB1-ASA1,7,24 20(2) Beginning March 1, 2020, an entity is immune from civil liability for the
21death of or injury to any individual or damages caused by an act or omission resulting
22in or relating to exposure, directly or indirectly, to the novel coronavirus identified
23as SARS-CoV-2 or COVID-19 in the course of or through the performance or
24provision of the entity's functions or services.
1(3) Subsection (2) does not apply if the act or omission involves reckless or
2wanton conduct or intentional misconduct.
AB1-ASA1,8,5 3(4) Immunity under this section is in addition to, not in lieu of, other immunity
4granted by law, and nothing in this section limits immunity granted under any other
5provision of law, including immunity granted under s. 893.80 (4).
AB1-ASA1,9 6Section 9 . Nonstatutory provisions.
AB1-ASA1,8,107 (1) Civil liability exemption for certain entities. The immunity and
8limitation on recovery of damages under s. 895.476 applies retroactively to all claims,
9except that it does not apply to actions filed before the effective date of this
AB1-ASA1,8,1111 (2) Federal extended unemployment benefits.
AB1-ASA1,8,1212 (a) Definitions. In this subsection, the definitions in s. 108.141 (1) apply.
AB1-ASA1,8,1713 (b) Secretary may waive compliance. Notwithstanding s. 108.141 (1) (c) 1. b.,
14the secretary of workforce development may waive the prohibition under s. 108.141
15(1) (c) 1. b. that no extended benefit period may begin by reason of a Wisconsin “on"
16indicator before the 14th week following the end of a prior extended benefit period
17that was in effect with respect to Wisconsin.
AB1-ASA1,8,1818 (c) Effective period. This subsection does not apply after June 30, 2021.
AB1-ASA1,8,1919 (End)