{"id":"DUT-WI-008","kind":"duty","level":"state","jurisdiction":"Wisconsin","state":"WI","metro":"","industry":"","agency":"","eco":"","issuer":"Wisconsin Legislature (January 2021 Special Session Senate Bill 1); Governor Tony Evers (signed)","authority":"Wis. Const. art. IV; 2021 Wisconsin Act 4 § 8, creating Wis. Stat. § 895.476; § 9(1) (retroactivity)","instrument":"2021 Wisconsin Act 4, Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19 (Wis. Stat. § 895.476)","title":"An Act... relating to: the unemployment insurance program and immunity from liability related to COVID-19 exposure","dateIssued":"2021-02-25","effective":"2021-02-27 (day after publication, Wis. Stat. § 991.11); immunity reaches acts and omissions \u0027Beginning March 1, 2020\u0027 and applies retroactively to all claims except actions filed before the effective date (§ 9(1))","end":"standing","startDate":"2021-02-27","endDate":"2021-09-30","quarters":["2021Q1","2021Q2","2021Q3"],"types":["DUTY","COND","OTHER"],"addressees":["employers; owners or persons in control of premises; every partnership, corporation, association, governmental entity, tribal entity, school, institution of higher education and nonprofit organization"],"clause":"(2) Beginning March 1, 2020, an entity is immune from civil liability... caused by an act or omission resulting in or relating to exposure... to the novel coronavirus... in the course of or through the performance or provision of the entity\u0027s functions or services. (3) Subsection (2) does not apply if the act or omission involves reckless or wanton conduct or intentional misconduct.","enforcement":"Not a penal statute; the immunity is lost for \u0027reckless or wanton conduct or intentional misconduct\u0027 (sub. (3)).","functions":[],"notes":"Immunity from civil exposure claims for every \u0027entity\u0027 (defined to include any \u0027employer or business owner, employee, agent, or independent contractor\u0027 and \u0027an employer covered under ch. 108\u0027) from March 1, 2020, withheld where the act or omission \u0027involves reckless or wanton conduct or intentional misconduct\u0027; § 895.476(4) makes the immunity \u0027in addition to, not in lieu of, other immunity granted by law,\u0027 and the Act repeals no duty under ch. 252, ch. 254 or § 101.11.","sourceUrl":"https://docs.legis.wisconsin.gov/2021/related/acts/4.pdf","snapshot":"","fileExists":true,"fileBytes":52601,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-WI","url":"/library/DUT-WI-008","exhibitUrl":"/exhibit/DUT-WI-008","citation":"Wisconsin Legislature (January 2021 Special Session Senate Bill 1); Governor Tony Evers (signed), 2021 Wisconsin Act 4, Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19 (Wis. Stat. § 895.476) (standing) (Ex. DUT-WI-008)","stateName":"Wisconsin","related":["WI-032"]}