Amendment SSA2-SB861

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2021 - 2022 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO SENATE BILL 861

February 23, 2022 - Offered by Senator Nass.

SB861-SSA2,1,3 An Act to amend 102.07 (8) (a); and to create 73.03 (77), 100.75, 102.07 (8) (bs), 104.013, 108.02 (12) (cm) and 109.013 of the statutes; relating to: third-party food delivery services and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB861-SSA2,1 Section 1. 73.03 (77) of the statutes is created to read:

SB861-SSA2,1,9 73.03 (77) To not consider fulfillment of the training requirement under s. 100.75 (3) by an individual who makes deliveries for a 3rd-party food delivery service, in determining whether the individual is an employee for the administration of the income and franchise taxes imposed under ch. 71, to the extent that such a determination does not conflict with the federal Internal Revenue Code.

SB861-SSA2,2 Section 2. 100.75 of the statutes is created to read:

SB861-SSA2,1,12 100.75 Third-party food delivery services. (1) Definitions. In this section:

SB861-SSA2,2,3 (a) “Consent” means a mutual acknowledgment between a person having authority to act on behalf of a restaurant and a 3rd-party food delivery service that is obtained electronically or in writing.

SB861-SSA2,2,6 (b) “Digital network” means an Internet site or online-enabled application, software, or system that allows a consumer to view and search the menus of restaurants and purchase food from restaurants for delivery.

SB861-SSA2,2,7 (c) “Restaurant” has the meaning given in s. 125.02 (18).

SB861-SSA2,2,9 (d) “Third-party food delivery service” means a person who operates a digital network and delivers food purchased through the digital network to consumers.

SB861-SSA2,2,12 (2) Listing; removal. (a) A 3rd-party food delivery service shall provide a publicly accessible process for a restaurant to request the removal of the restaurant from the digital network of the 3rd-party food delivery service.

SB861-SSA2,2,14 (b) If a restaurant requests to be removed from the digital network of a 3rd-party food delivery service, all of the following apply:

SB861-SSA2,2,16 1. The 3rd-party food delivery service shall provide to the restaurant a dated receipt of the request.

SB861-SSA2,2,18 2. The 3rd-party food delivery service shall remove the restaurant from its digital network within 3 business days of receiving the request.

SB861-SSA2,2,21 3. The 3rd-party food delivery service may not list the restaurant on its digital network, offer the restaurant's food for delivery, or use the restaurant's name, address, logo, or menu without consent.

SB861-SSA2,2,24 (c) A 3rd-party food delivery service may not solicit requests from consumers for a restaurant to be added to the digital network of the 3rd-party food delivery service.

SB861-SSA2,3,4 (3) Delivery requirements. A 3rd-party food delivery service shall ensure that individuals delivering food for the 3rd-party food delivery service have knowledge of basic food safety principles, including personal hygiene and avoiding cross contamination.

SB861-SSA2,3,8 (4) Sharing of data. A 3rd-party food delivery service shall provide to an owner or operator of a restaurant listed on its digital network information that identifies all of the following related to orders placed with the 3rd-party food delivery service involving the restaurant:

SB861-SSA2,3,9 (a) The contents of orders.

SB861-SSA2,3,10 (b) The times that orders are placed.

SB861-SSA2,3,13 (5) Penalties. If a 3rd-party food delivery service violates sub. (2) (b), the department may commence an action against the 3rd-party food delivery service in the name of the state to recover one of the following penalties:

SB861-SSA2,3,15 (a) For a first violation involving a particular restaurant, a civil forfeiture of $1,000.

SB861-SSA2,3,17 (b) For a 2nd violation involving a particular restaurant, a civil forfeiture of $5,000.

SB861-SSA2,3,19 (c) For a 3rd or subsequent violation involving a particular restaurant, a civil forfeiture of $10,000.

SB861-SSA2,3 Section 3. 102.07 (8) (a) of the statutes is amended to read:

SB861-SSA2,3,25 102.07 (8) (a) Except as provided in pars. (b) and (bm) to (bs), 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.

SB861-SSA2,4 Section 4. 102.07 (8) (bs) of the statutes is created to read:

SB861-SSA2,4,4 102.07 (8) (bs) Fulfillment of the training requirement under s. 100.75 (3) by an individual who makes deliveries for a 3rd-party food delivery service is not evidence that the individual does not meet the conditions of par. (b).

SB861-SSA2,5 Section 5. 104.013 of the statutes is created to read:

SB861-SSA2,4,9 104.013 Certain individuals delivering for 3rd-party food delivery services excluded. For purposes of this chapter, fulfilling the training requirement under s. 100.75 (3) is not evidence that an individual is an employee of a 3rd-party food delivery service.

SB861-SSA2,6 Section 6. 108.02 (12) (cm) of the statutes is created to read:

SB861-SSA2,4,14 108.02 (12) (cm) Fulfillment of the training requirement under s. 100.75 (3) by an individual who makes deliveries for a 3rd-party food delivery service is not evidence of control or direction by an employing unit for purposes of pars. (bm) and (c).

SB861-SSA2,7 Section 7. 109.013 of the statutes is created to read:

SB861-SSA2,4,19 109.013 Certain individuals delivering for 3rd-party food delivery services excluded. For purposes of this chapter, fulfilling the training requirement under s. 100.75 (3) is not evidence that an individual is an employee of a 3rd-party food delivery service.

SB861-SSA2,8 Section 8. Effective date.

SB861-SSA2,4,22 (1) This act takes effect on the first day of the 7th month beginning after publication.

SB861-SSA2,4,23 (End)