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Ex. DUT-WI-008 Standing duty Primary source read

2021 Wisconsin Act 4, Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19 (Wis. Stat. § 895.476)

An Act... relating to: the unemployment insurance program and immunity from liability related to COVID-19 exposure

Wisconsin Legislature (January 2021 Special Session Senate Bill 1); Governor Tony Evers (signed) · Wisconsin (State)

The COVID Project

The record

Jurisdiction
Wisconsin
Level
State
Authority
Wis. Const. art. IV; 2021 Wisconsin Act 4 § 8, creating Wis. Stat. § 895.476; § 9(1) (retroactivity)
Issued
2021-02-25 Feb. 25, 2021
Effective
2021-02-27 (day after publication, Wis. Stat. § 991.11); immunity reaches acts and omissions 'Beginning March 1, 2020' and applies retroactively to all claims except actions filed before the effective date (§ 9(1)) (read as 2021-02-27)
End
standing (read as 2021-09-30)
In force
Standing since Feb. 27, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2021 Q12021 Q22021 Q3
Limitation types
Standing dutyOperating conditionOther
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
Character
liability shield condition
Collection
Standing duties: Wisconsin DUT-WI

Operative words

(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's functions or services. (3) Subsection (2) does not apply if the act or omission involves reckless or wanton conduct or intentional misconduct.

Penalty

Not a penal statute; the immunity is lost for 'reckless or wanton conduct or intentional misconduct' (sub. (3)).

What it required

Immunity from civil exposure claims for every 'entity' (defined to include any 'employer or business owner, employee, agent, or independent contractor' and 'an employer covered under ch. 108') from March 1, 2020, withheld where the act or omission 'involves reckless or wanton conduct or intentional misconduct'; § 895.476(4) makes the immunity 'in addition to, not in lieu of, other immunity granted by law,' and the Act repeals no duty under ch. 252, ch. 254 or § 101.11.

Retrieval note

Wisconsin's general shield carries no compliance-with-guidance condition; the condition appears in the health-care shield of 2019 Wis. Act 185 § 98, Wis. Stat. § 895.4801 (Ex. WI-032), recorded below. The Act's own text is what is recorded: the exception for reckless or wanton conduct is stated, and the standing duties are untouched (sub. (4)).