SB 559 — Relating to: delivery network couriers and transportation network drivers, Department of Financial Institutions' approval to offer portable benefit accounts, providing for insurance coverage, modifying administrative rules related to accident and sickness insurance, and granting rule-making authority. (FE)

Bill Text

• Bill Text View text Current pdf

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill specifies that application-based drivers and delivery network couriers are not considered employees for worker's compensation and unemployment insurance purposes under certain conditions.

• Wis. Stat. § 102.07

  Except as provided in pars. (b) and(bm), every independent contractor is, for the purpose of this chapter, an employee of any employer under this chapter for whom he or she is performing service in the course of the trade, business, profession or occupation of such employer at the time of the injury. → An application-based driver is not an employee of a network company if the company refrains from doing all of the following: 1. Prescribing specific dates, times of day, or a minimum number of hours during which the application-based driver must be logged into the network company's online-enabled application, software, or system. 2. Terminating the contract of the application-based driver for not accepting a specific delivery service request or request for transportation, except as prohibited by s. 440.45 (2). 3. Restricting the application-based driver from performing services through other network companies except while performing services through that network company. 4. Restricting the application-based driver from working in any other lawful occupation or business.

  This change establishes criteria under which application-based drivers are classified as independent contractors rather than employees, thus affecting their entitlement to worker's compensation.

• Wis. Stat. § 102.01

  “Application-based driver” means a delivery network courier or participating driver who provides services through the online-enabled application, software, or system of a network company.

  Introduces a new definition for 'application-based driver' which clarifies who qualifies for specific provisions regarding their employment status.

• Wis. Stat. § 102.01

  “Delivery network company” means a business that maintains an online-enabled application, software, or system to facilitate delivery services within this state.

  Creates a legal definition for 'delivery network company', providing clarity and standardization for businesses operating in this domain.

• Wis. Stat. § 102.01

  “Delivery network courier” means an individual who provides delivery services through a delivery network company's online-enabled application, software, or system.

  Defines 'delivery network courier' to categorize individuals providing delivery services under the new framework established by the bill.

• Wis. Stat. § 102.01

  “Delivery services” means the fulfillment of a delivery request by picking up from any location any item and delivering the item, by using a passenger vehicle, a bicycle, a scooter, public transportation, or other similar means of transportation or by walking, to a location selected by the customer that is typically located within 50 miles of the pickup location.

  Offers a clear definition of 'delivery services' which helps to delineate the activities considered within this scope.

• Wis. Stat. § 102.01

  “Network company” means a delivery network company or a transportation network company.

  Defines 'network company' to include both delivery and transportation network operations, refining the regulatory landscape for these services.

• Wis. Stat. § 102.01

  “Participating driver” has the meaning given in s. 440.40 (3).

  Aligns existing definitions with established statutes, ensuring consistency across legal frameworks.

• Wis. Stat. § 102.01

  “Transportation network company” has the meaning given in s. 440.40 (6).

  Clarifies the definition for transportation network companies, aiding in understanding the legal context for these operations.

Action History

1. April 15, 2024

   Failed to concur in pursuant to Senate Joint Resolution 1

2. March 14, 2024

   Read first time and referred to committee on Rules

3. January 16, 2024

   Received from Senate

4. January 16, 2024

   Ordered immediately messaged

5. January 16, 2024

   Read a third time and passed, Ayes 21, Noes 11

6. January 16, 2024

   Rules suspended to give bill its third reading

7. January 16, 2024

   Ordered to a third reading

8. January 16, 2024

   Read a second time

9. January 12, 2024

   Placed on calendar 1-16-2024 pursuant to Senate Rule 18(1)

10. December 21, 2023

    Available for scheduling

11. December 21, 2023

    Report passage recommended by Committee on Utilities and Technology, Ayes 3, Noes 2

12. December 20, 2023

    Executive action taken

13. November 21, 2023

    Fiscal estimate received

14. November 15, 2023

    Public hearing held

15. November 02, 2023

    Fiscal estimate received

16. October 23, 2023

    Read first time and referred to Committee on Utilities and Technology

17. October 23, 2023

    Introduced by Senators Bradley and Marklein; cosponsored by Representatives Dallman, Brooks, Dittrich, Drake, Ortiz-Velez, Rettinger, Rozar, Snyder, Tittl, Wichgers and Wittke

Sponsors

• Julian Bradley · Primary
• Howard Marklein · Primary

Votes

Subjects