Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB387 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-1462/1
2	2	MED:cdc
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 387
5	5	August 9, 2023 - Introduced by Senators S TROEBEL, BALLWEG and KNODL,
6	6	cosponsored by Representatives GUNDRUM, ARMSTRONG, DITTRICH, MURPHY,
7	7	PENTERMAN, RETTINGER and STEFFEN. Referred to Committee on Labor,
8	8	Regulatory Reform, Veterans and Military Affairs.
9	9	AN ACT to amend 102.07 (8) (a); and to create 102.07 (8) (bw), 104.01 (2) (b) 6.
10	10	and 108.02 (15) (ko) of the statutes; relating to: participants in clinical
11	11	research trials.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill provides that for the purposes of the minimum wage law and worker's
14	14	compensation law an individual who is a participant in a clinical research trial and
15	15	receives remuneration, a stipend, or compensation for participating in the trial is not
16	16	an employee of the entity that conducts the trial. The bill also provides that such
17	17	participation is generally not considered covered employment under the
18	18	unemployment insurance (UI) law. As a consequence, amounts paid by employers
19	19	for such participation are not subject to UI contribution requirements and are not
20	20	counted as base period wages for purposes of determining eligibility for UI benefits.
21	21	For further information see the state fiscal estimate, which will be printed as
22	22	an appendix to this bill.
23	23	The people of the state of Wisconsin, represented in senate and assembly, do
24	24	enact as follows:
25	25	SECTION 1. 102.07 (8) (a) of the statutes is amended to read:
26	26	102.07 (8) (a) Except as provided in pars. (b) and, (bm), and (bw), every
27	27	independent contractor is, for the purpose of this chapter, an employee of any
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33	33	6 - 2 -2023 - 2024 Legislature LRB-1462/1
34	34	MED:cdc
35	35	SECTION 1 SENATE BILL 387
36	36	employer under this chapter for whom he or she is performing service in the course
37	37	of the trade, business, profession or occupation of such employer at the time of the
38	38	injury.
39	39	SECTION 2. 102.07 (8) (bw) of the statutes is created to read:
40	40	102.07 (8) (bw) An individual who receives remuneration, a stipend, or
41	41	compensation for being a participant in a clinical research trial as described in s.
42	42	108.02 (15) (ko).
43	43	SECTION 3. 104.01 (2) (b) 6. of the statutes is created to read:
44	44	104.01 (2) (b) 6. Any individual who receives remuneration, a stipend, or
45	45	compensation for being a participant in a clinical research trial.
46	46	SECTION 4. 108.02 (15) (ko) of the statutes is created to read:
47	47	108.02 (15) (ko) “Employment," as applied to work for a given employer other
48	48	than a government unit, an Indian tribe, or a nonprofit organization, except as the
49	49	employer elects otherwise with the department's approval, does not include
50	50	participation, by an individual who receives remuneration, a stipend, or
51	51	compensation, in a clinical research trial.
52	52	SECTION 5.0Initial applicability.
53	53	(1) The treatment of s. 108.02 (15) (ko) first applies to participation occurring
54	54	on the effective date of this subsection.
55	55	SECTION 6.0Effective date.
56	56	(1) This act takes effect the Sunday after publication.
57	57	(END)
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