2019 Wisconsin Act 185 (2019 Assembly Bill 1038)

The record

Jurisdiction

Wisconsin (Legislature; binding employers, insurers, retailers and the unemployment system) · Wisconsin

Level

State

Authority

Wis. Const. art. IV; Wis. Stat. chs. 100, 102, 108

Issued

2020-04-15 Apr. 15, 2020

Effective

2020-04-17 (the day after publication, April 16, 2020), with specified retroactive and sunset provisions (read as 2020-04-17)

End

The 102.03(6) presumption applied to injuries 'during the public health emergency declared by the governor under s. 323.10 on March 12, 2020, by executive order 72, and ending 30 days after the termination of the order' (EO 72 expired May 11, 2020, so to June 10, 2020); 100.307 return prohibition during the same emergency and 30 days after; the UI waiting-week waiver to benefit years beginning before February 7, 2021

In force

Apr. 17, 2020 (no end date recorded; counted as in force for 120 days)

Quarters

2020 Q22020 Q32020 Q42021 Q1

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Workplace rulesOther

Addressees

• employers of first responders (fire fighting, law enforcement, medical treatment employers) and their insurers
• every retailer of food, personal-care, cleaning and paper products
• every employer (personnel-records and UI provisions)
• insurers (see Wisconsin OCI bulletin, AGY-ST-INSURANCE-BANKING-058)

Functions reached

• SF and CB: every retailer of food, personal-care, cleaning and paper products barred from accepting returns during the emergency and 30 days after
• HR and WF: first-responder and medical-treatment employers (presumptive compensability); personnel-record deadlines suspended for all employers
• OP insurers' claims; UI waiting week waived
• RT retail returns policies

Collection

State utilities, housing and agriculture agencies AGY-ST-UTILITIES-HOUSING-AG

Operative words

SECTION 32. 100.307 of the statutes is created to read: 100.307 Returns during emergency; prohibition.... (2) CERTAIN RETURNS PROHIBITED DURING EMERGENCY. Except as provided in sub. (3), no person who sells food products, personal care products, cleaning products, or paper products at retail may accept a return of a food product, personal care product, cleaning product, or paper product during the public health emergency declared on March 12, 2020, by executive order 72, or during the 30 days immediately after the public health emergency ends.... SECTION 33. 102.03 (6) of the statutes is created to read: 102.03 (6) (a) In this subsection, 'first responder' means an employee of or volunteer for an employer that provides fire fighting, law enforcement, or medical treatment of COVID-19, and who has regular, direct contact with, or is regularly in close proximity to, patients or other members of the public requiring emergency services, within the scope of the individual's work for the employer. (b) For the purposes of benefits under this chapter, where an injury to a first responder is found to be caused by COVID-19 during the public health emergency declared by the governor under s. 323.10 on March 12, 2020, by executive order 72, and ending 30 days after the termination of the order, and where the employee has been exposed to persons with confirmed cases of COVID-19 in the course of employment, the injury is presumed to be caused by the individual's employment. (c) An injury claimed under par. (b) must be accompanied by a specific diagnosis by a physician or by a positive COVID-19 test.

Enforcement

Notes