Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB398 Compare Versions

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1	1	LRB-3974/1
2	2	MED:cdc
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 398
5	5	September 6, 2023 - Introduced by Representatives GUNDRUM, ARMSTRONG,
6	6	DITTRICH, MURPHY, PENTERMAN, RETTINGER and STEFFEN, cosponsored by
7	7	Senators STROEBEL, BALLWEG and KNODL. Referred to Committee on Health,
8	8	Aging and Long-Term Care.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 102.07 (8) (a); and to create 102.07 (8) (bw), 104.01 (2) (b) 6.
11	11	and 108.02 (15) (ko) of the statutes; relating to: participants in clinical
12	12	research trials.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill provides that for the purposes of the minimum wage law and worker's
15	15	compensation law an individual who is a participant in a clinical research trial and
16	16	receives remuneration, a stipend, or compensation for participating in the trial is not
17	17	an employee of the entity that conducts the trial. The bill also provides that such
18	18	participation is generally not considered covered employment under the
19	19	unemployment insurance (UI) law. As a consequence, amounts paid by employers
20	20	for such participation are not subject to UI contribution requirements and are not
21	21	counted as base period wages for purposes of determining eligibility for UI benefits.
22	22	For further information see the state fiscal estimate, which will be printed as
23	23	an appendix to this bill.
24	24	The people of the state of Wisconsin, represented in senate and assembly, do
25	25	enact as follows:
26	26	SECTION 1. 102.07 (8) (a) of the statutes is amended to read:
27	27	102.07 (8) (a) Except as provided in pars. (b) and, (bm), and (bw), every
28	28	independent contractor is, for the purpose of this chapter, an employee of any
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34	34	6 - 2 -2023 - 2024 Legislature LRB-3974/1
35	35	MED:cdc
36	36	SECTION 1 ASSEMBLY BILL 398
37	37	employer under this chapter for whom he or she is performing service in the course
38	38	of the trade, business, profession or occupation of such employer at the time of the
39	39	injury.
40	40	SECTION 2. 102.07 (8) (bw) of the statutes is created to read:
41	41	102.07 (8) (bw) An individual who receives remuneration, a stipend, or
42	42	compensation for being a participant in a clinical research trial as described in s.
43	43	108.02 (15) (ko).
44	44	SECTION 3. 104.01 (2) (b) 6. of the statutes is created to read:
45	45	104.01 (2) (b) 6. Any individual who receives remuneration, a stipend, or
46	46	compensation for being a participant in a clinical research trial.
47	47	SECTION 4. 108.02 (15) (ko) of the statutes is created to read:
48	48	108.02 (15) (ko) “Employment," as applied to work for a given employer other
49	49	than a government unit, an Indian tribe, or a nonprofit organization, except as the
50	50	employer elects otherwise with the department's approval, does not include
51	51	participation, by an individual who receives remuneration, a stipend, or
52	52	compensation, in a clinical research trial.
53	53	SECTION 5.0Initial applicability.
54	54	(1) The treatment of s. 108.02 (15) (ko) first applies to participation occurring
55	55	on the effective date of this subsection.
56	56	SECTION 6.0Effective date.
57	57	(1) This act takes effect the Sunday after publication.
58	58	(END)
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