AB1038,31,62 108.04 (3) (b) Paragraph (a) does not apply with respect to benefit years that
3begin after March 12, 2020, and before February 7, 2021. The department shall seek
4the maximum amount of federal reimbursement for benefits that are, during the
5time period specified in this paragraph, payable for the first week of a claimant's
6benefit year as a result of the application of this paragraph.
AB1038,39 7Section 39 . 108.04 (13) (d) 3. b. of the statutes is amended to read:
AB1038,31,108 108.04 (13) (d) 3. b. If recovery of an overpayment is not permitted under s.
9108.22 (8) (c), restore the proper amount to the employer's account and charge that
10amount to the fund's balancing account unless s. 108.07 (5) (c) (am) 3. applies.
AB1038,40 11Section 40 . 108.04 (13) (d) 4. b. of the statutes is amended to read:
AB1038,31,1412 108.04 (13) (d) 4. b. If recovery of an overpayment is not permitted under s.
13108.22 (8) (c), restore the proper amount to the employer's account and charge that
14amount in accordance with s. 108.07 (5) (am).
AB1038,41 15Section 41 . 108.062 (1) (b) of the statutes is amended to read:
AB1038,31,1816 108.062 (1) (b) “Work-share program" means a program approved by the
17department under which the hours of work of employees in a work unit are reduced
18in lieu of the layoffs of 2 or more employees in the work unit.
AB1038,42 19Section 42 . 108.062 (2m) of the statutes is created to read:
AB1038,31,2320 108.062 (2m) Applications; department assistance. The department shall
21allow employers to submit applications under this section using an online form. The
22department shall provide assistance to employers with submitting applications and
23developing work-share plans.
AB1038,43 24Section 43 . 108.062 (3) of the statutes is amended to read:
AB1038,32,4
1108.062 (3) Approval of plans. The department shall approve a plan if the plan
2includes all of the elements specified in sub. (2) or (20), whichever is applicable. The
3approval is effective for the effective period of the plan unless modified under sub.
4(3m).
AB1038,43m 5Section 43m. 108.062 (3r) of the statutes is created to read:
AB1038,32,86 108.062 (3r) Applicability of laws. A work-share program shall be governed
7by the law that was in effect when the plan or modification was last approved under
8sub. (3) or (3m), until the program ends as provided in sub. (4).
AB1038,44 9Section 44 . 108.062 (4) of the statutes is renumbered 108.062 (4) (a) 1. and
10amended to read:
AB1038,32,1411 108.062 (4) (a) 1. A Except as provided in subd. 2., a work-share program
12becomes effective on the later of the Sunday of the 2nd week beginning after approval
13of a work-share plan under sub. (3) or any Sunday after that day specified in the
14plan.
AB1038,32,18 15(b) A work-share program ends on the earlier of the last Sunday that precedes
16the end of the 6-month period beginning on the effective date of the program or any
17Sunday before that day specified in the plan unless the program terminates on an
18earlier date under sub. (5), (14), or (15).
AB1038,45 19Section 45 . 108.062 (4) (a) 2. of the statutes is created to read:
AB1038,32,2320 108.062 (4) (a) 2. With respect to a work-share plan approved during a period
21described under sub. (20), the work-share program becomes effective on the later of
22the Sunday of or after approval of a work-share plan under sub. (3) or any Sunday
23after that day specified in the plan.
AB1038,46 24Section 46 . 108.062 (15) of the statutes is amended to read:
AB1038,33,4
1108.062 (15) Involuntary termination. If in any week there are fewer than 20
2employees who are included in a work-share program of any employer, the program
3terminates on the 2nd Sunday following the end of that week. This subsection does
4not apply to a work-share program to which sub. (20) applies.
AB1038,47 5Section 47 . 108.062 (19) of the statutes is renumbered 108.062 (19) (intro.) and
6amended to read:
AB1038,33,147 108.062 (19) Secretary may waive compliance. (intro.) The secretary may
8waive compliance with any requirement under this section do any of the following
9if the secretary determines that waiver of the requirement doing so is necessary to
10permit continued certification of this chapter for grants to this state under Title III
11of the federal Social Security Act, for maximum credit allowances to employers under
12the federal Unemployment Tax Act, or for this state to qualify for full federal
13financial participation in the cost of administration of this section and financing of
14benefits to employees participating in work-share programs under this section.:
AB1038,47m 15Section 47m. 108.062 (19) (a) and (b) of the statutes are created to read:
AB1038,33,1616 108.062 (19) (a) Waive compliance with any requirement under this section.
AB1038,33,2017 (b) Waive the application of sub. (20), in whole or in part, to the extent necessary
18for any of the purposes specified in this subsection or, to the extent necessary for any
19of those purposes, require the continued application of any requirement under sub.
20(2).
AB1038,48 21Section 48 . 108.062 (20) of the statutes is created to read:
AB1038,34,322 108.062 (20) Suspensions of certain provisions. Notwithstanding sub. (2),
23this subsection, and not sub. (2), applies to work-share plans submitted on or after
24the effective date of this subsection .... [LRB inserts date], and before December 31,
252020, subject to sub. (19). During that period, prior to implementing a work-share

1program, an employer shall submit a work-share plan for the approval of the
2department. In its submittal, the employer shall certify that its plan is in compliance
3with all requirements under this section. Each plan shall:
AB1038,34,64 (a) Specify the affected positions, and the names of the employees filling those
5positions on the date of submittal. The plan need not be limited to a particular work
6unit.
AB1038,34,87 (b) Provide for initial coverage under the plan of at least 2 positions that are
8filled on the effective date of the work-share program.
AB1038,34,109 (c) Specify the period or periods when the plan will be in effect, which may not
10exceed a total of 6 months in any 5-year period within the same work unit.
AB1038,34,1211 (d) Exclude participation by employees who are employed on a seasonal,
12temporary, or intermittent basis.
AB1038,34,1513 (e) Apply only to employees who have been engaged in employment with the
14employer for a period of at least 3 months on the effective date of the work-share
15program and who are regularly employed by the employer in that employment.
AB1038,34,2016 (f) Specify the normal average hours per week worked by each employee in the
17work unit and the percentage reduction in the average hours of work per week
18worked by that employee, exclusive of overtime hours, which shall be applied in a
19uniform manner and which shall be at least 10 percent of the normal hours per week
20of that employee but not more than whichever of the following is greater:
AB1038,34,2121 1. Sixty percent of the normal hours per week of that employee.
AB1038,34,2322 2. The maximum percent reduction of the normal hours per week of that
23employee that is permissible under federal law.
AB1038,35,3
1(g) Describe the manner in which requirements for maximum federal financial
2participation in the plan will be implemented, including a plan for giving notice,
3where feasible, to participating employees of changes in work schedules.
AB1038,35,54 (h) Provide an estimate of the number of layoffs that would occur without
5implementation of the plan.
AB1038,35,86 (i) Specify the effect on any fringe benefits provided by the employer to the
7employees who are included in the work-share program other than fringe benefits
8required by law.
AB1038,35,109 (j) Include a statement affirming that the plan is in compliance with all
10employer obligations under applicable federal and state laws.
AB1038,35,1511 (k) Indicate whether the plan includes employer-sponsored training to
12enhance job skills and acknowledge that the employees may participate in training
13funded under the federal Workforce Innovation and Opportunity Act, 29 USC 3101
14to 3361, or another federal law that enhances job skills without affecting availability
15for work, subject to department approval.
AB1038,49 16Section 49 . 108.07 (5) of the statutes is renumbered 108.07 (5) (am).
AB1038,50 17Section 50 . 108.07 (5) (bm) of the statutes is created to read:
AB1038,35,2218 108.07 (5) (bm) 1. The department shall, when processing initial claims for
19regular benefits, determine whether a claim or plan is related to the public health
20emergency declared on March 12, 2020, by executive order 72. If a claim is so related,
21the regular benefits for that claim shall, except as provided in subd. 2., be paid as
22provided in subd. 3.
AB1038,35,2423 2. a. Subdivision 1. applies only with respect to benefits payable for weeks
24beginning after March 12, 2020, and beginning before December 31, 2020.
AB1038,36,2
1b. Subdivision 1. does not apply if the employer fails to timely and adequately
2provide any information required by the department under s. 108.04 (2) (d).
AB1038,36,63 c. Subdivision 1. does not apply with respect to any benefits paid or reimbursed
4by the federal government, or any portion thereof, including the portion of any
5benefits reimbursed by the federal government for reimbursable employers, as
6defined in s. 108.155 (1) (b).
AB1038,36,97 d. In the case of a claim for regular benefits that is a combined wage claim, as
8defined in s. 108.04 (13) (g) 1. a., subd. 1. applies only with respect to this state's share
9of benefits.
AB1038,36,1110 e. Subdivision 1. does not apply with respect to work-share benefits under s.
11108.062 (6).
AB1038,36,1212 f. Subdivision 1. does not apply to benefits chargeable as provided in sub. (7).
AB1038,36,1413 3. Charges for benefits to which subd. 1. applies shall, notwithstanding any
14other provision of this chapter, be paid or reimbursed as follows:
AB1038,36,1615 a. For employers subject to the contribution requirements of ss. 108.17 and
16108.18, the benefits shall be charged to the fund's balancing account.
AB1038,36,1817 b. For reimbursable employers, as defined in s. 108.155 (1) (b), the benefits
18shall be paid in the manner provided under par. (am) 1.
AB1038,51 19Section 51 . 108.14 (8n) (e) of the statutes is amended to read:
AB1038,37,820 108.14 (8n) (e) The department shall charge this state's share of any benefits
21paid under this subsection to the account of each employer by which the employee
22claiming benefits was employed in the applicable base period, in proportion to the
23total amount of wages he or she earned from each employer in the base period, except
24that if s. 108.04 (1) (f), (5), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b),
25108.07 (3), (3r), or (5) (b) (am) 2., or 108.133 (3) (f) would have applied to employment

1by such an employer who is subject to the contribution requirements of ss. 108.17 and
2108.18, the department shall charge the share of benefits based on employment with
3that employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07
4(3) would have applied to an employer that is not subject to the contribution
5requirements of ss. 108.17 and 108.18, the department shall charge the share of
6benefits based on that employment in accordance with s. 108.07 (5) (a) and (b) (am)
71. and 2
. The department shall also charge the fund's balancing account with any
8other state's share of such benefits pending reimbursement by that state.
AB1038,52 9Section 52 . 108.141 (7) (a) of the statutes is amended to read:
AB1038,37,1710 108.141 (7) (a) The department shall charge the state's share of each week of
11extended benefits to each employer's account in proportion to the employer's share
12of the total wages of the employee receiving the benefits in the employee's base
13period, except that if the employer is subject to the contribution requirements of ss.
14108.17 and 108.18 the department shall charge the share of extended benefits to
15which s. 108.04 (1) (f), (5), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b),
16108.07 (3), (3r), or (5) (b) (am) 2., or 108.133 (3) (f) applies to the fund's balancing
17account.
AB1038,53 18Section 53 . 108.16 (6m) (a) of the statutes is amended to read:
AB1038,37,2219 108.16 (6m) (a) The benefits thus chargeable under s. 108.04 (1) (f), (5), (5g),
20(7) (h), (8) (a) or (b), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (b) (am) 2. and (bm)
213. a.
, (5m), or and (6), 108.133 (3) (f), 108.14 (8n) (e), 108.141, 108.151, or 108.152 or
22sub. (6) (e) or (7) (a) and (b).
AB1038,54 23Section 54 . 115.385 (1) (intro.) of the statutes is amended to read:
AB1038,38,3
1115.385 (1) (intro.) Annually Except as provided in sub. (6), annually by
2November 30, the department shall publish a school and school district
3accountability report that includes all of the following components:
AB1038,55 4Section 55 . 115.385 (6) of the statutes is created to read:
AB1038,38,65 115.385 (6) The department shall not publish a school and school district
6accountability report under this section in the 2020-21 school year.
AB1038,56 7Section 56 . 115.415 (1) (b) of the statutes is amended to read:
AB1038,38,148 115.415 (1) (b) For the evaluation of teachers and principals in the 2014-15
92019-20
school year, the school board and the operator of a charter school established
10under s. 118.40 (2r) may not consider pupil performance on statewide assessments
11administered under s. 118.30 in the 2014-15 2019-20 school year and may not
12include pupil performance on those assessments in the evaluation score assigned to
13a teacher or principal under the educator effectiveness evaluation system developed
14under this section.
AB1038,57 15Section 57 . 115.7915 (8m) of the statutes is created to read:
AB1038,38,2416 115.7915 (8m) Public health exception. During the public health emergency
17declared on March 12, 2020, by executive order 72, if a private school participating
18in the program under this section is closed for at least 10 school days in a school year
19by a local health officer, as defined in s. 250.01 (5), or the department of health
20services, in the school year during which the school is closed and the following school
21year, the department may not withhold payment from the private school under sub.
22(8) (c) or bar the private school from participating in the program under sub. (8) (a)
23for failing to comply with a requirement under this section or a rule promulgated
24under this section if all of the following occur:
AB1038,39,4
1(a) The private school submits information to the department that explains
2how the school closure impacted the private school's ability to comply with the
3requirement and any action the private school took to mitigate the consequences of
4not complying with the requirement.
AB1038,39,65 (b) The department determines that the private school's failure to comply with
6the requirement was caused by the closure.
AB1038,58 7Section 58 . 115.999 (1) (d) 1. of the statutes is amended to read:
AB1038,39,108 115.999 (1) (d) 1. The school district was assigned to the lowest performance
9category on the 2 most recent accountability reports published for the district under
10s. 115.385 (1) in the 2 most recent school years.
AB1038,59 11Section 59 . 115.999 (2m) (b) 1. a. of the statutes is amended to read:
AB1038,39,1412 115.999 (2m) (b) 1. a. The unified school district was assigned to the lowest
13performance category on the 3 most recent accountability reports published for the
14district
under s. 115.385 (1) in the 3 most recent school years.
AB1038,60 15Section 60 . 118.38 (2) (am) (intro.) of the statutes is amended to read:
AB1038,39,1816 118.38 (2) (am) (intro.) In determining whether to grant the a waiver under
17sub. (1)
, the department shall consider all of the following factors and may consider
18additional factors:
AB1038,61 19Section 61 . 118.38 (3) of the statutes is amended to read:
AB1038,39,2520 118.38 (3) A waiver granted under sub. (2) is effective for 4 years. The
21department shall renew the waiver for additional 4-year periods if the school board
22has evaluated the educational and financial effects of the waiver over the previous
234-year period, except that the department is not required to renew a waiver if the
24department determines that the school district is not making adequate progress
25toward improving pupil academic performance.
AB1038,62
1Section 62. 118.38 (4) of the statutes is created to read:
AB1038,40,52 118.38 (4) (a) During the public health emergency declared on March 12, 2020,
3by executive order 72, if schools are closed for at least 10 school days in a school year
4by a local health officer, as defined in s. 250.01 (5), or the department of health
5services, the department may do all of the following:
AB1038,40,86 1. Waive any requirement in chs. 115 to 121 or the administrative rules
7promulgated by the department under the authority of those chapters related to any
8of the following:
AB1038,40,99 a. A program under s. 115.7915, 118.60, or 119.23.
AB1038,40,1110 b. A private school participating in a program under s. 115.7915, 118.60, or
11119.23.
AB1038,40,1412 c. A charter school under s. 118.40 (2r) or (2x), including any requirement
13related to an authorizer, governing board, or operator of a charter school under s.
14118.40 (2r) or (2x).
AB1038,40,1915 2. Establish an alternate deadline for any requirement related to a program
16under s. 115.7915, 118.60, or 119.23 in chs. 115 to 121 and any requirement related
17to a program under s. 115.7915, 118.60, or 119.23 in the administrative rules
18promulgated by the department under the authority of chs. 115 to 121 if the original
19deadline is any of the following:
AB1038,40,2320 a. A deadline that occurs during the period beginning on the first day schools
21are closed by the local health officer or department of health services and ending 120
22days after the last day schools are closed by the local health officer or department of
23health services.
AB1038,41,224 b. A deadline for a requirement that impacts a date during the period beginning
25on the first day schools are closed by the local health officer or department of health

1services and ending 120 days after the last day schools are closed by the local health
2officer or department of health services.
AB1038,41,63 (b) 1. The department shall notify the legislative reference bureau of each
4waiver under par. (a) 1. and alternate deadline established under par. (a) 2. The
5legislative reference bureau shall publish a notice in the Wisconsin Administrative
6Register of the waiver or alternate deadline.
AB1038,41,87 2. The department shall post each waiver under par. (a) 1. and alternate
8deadline established under par. (a) 2. on the department's Internet site.
AB1038,41,109 (c) A waiver under par. (a) 1. applies only to the school year in which schools
10are closed by the local health officer or the department of health services.
AB1038,63 11Section 63 . 118.60 (7) (an) 1. of the statutes is amended to read:
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