SB256: Bill Text

SB256,12,3 632.985 Insurance coverage provided by network companies. (1) Definitions. In this section:

SB256,12,4 (a) “Application-based driver” has the meaning given in s. 102.01 (2) (ae).

SB256,12,7 (b) “Average weekly earnings” means an application-based driver’s total earnings from all network companies during the 28 days prior to a covered incident divided by 4.

SB256,12,8 (c) “Digital network” has the meaning given in s. 103.08 (1) (c).

SB256,12,9 (d) “Earnings” has the meaning given in s. 103.08 (1) (d).

SB256,12,12 (e) “Maximum compensation rate” means the applicable maximum compensation rate under s. 102.11 and any applicable limitation on supplemental benefits under s. 102.44.

SB256,12,14 (f) “Network company” means a delivery network company, as defined in s. 102.01 (2) (an), or a transportation network company, as defined in s. 440.40 (6).

SB256,12,18 (2) Accident and sickness insurance. (a) A network company may carry, provide, or otherwise make available group or blanket accident and sickness insurance coverage for application-based drivers who provide covered services through the network company’s digital network.

SB256,12,21 (b) A network company shall make available, upon reasonable request, a copy of the policy it carries, provides, or otherwise makes available under this subsection.

SB256,12,23 (c) Chapter 102 does not apply to a group or blanket accident and sickness insurance policy described in par. (a).

SB256,13,8 (3) Occupational accident insurance. (a) A network company may carry, provide, or otherwise make available group or blanket occupational accident insurance to cover the medical expenses and lost income resulting from an injury suffered by an application-based driver while engaged on the network company’s digital network. For purposes of this paragraph, an application-based driver is engaged on the network company’s digital network during the time beginning when the application-based driver accepts a rideshare request or delivery request and ending when the application-based driver completes that rideshare request or delivery request.

SB256,13,11 (b) A network company shall make available, upon reasonable request, a copy of the policy it carries, provides, or otherwise makes available under this subsection.

SB256,13,13 (c) A policy under this subsection shall provide, in aggregate, at least $1,000,000 of coverage and at least all of the following:

SB256,13,14 1. $250,000 of coverage for medical expenses.

SB256,13,22 2. Continuous weekly disability income payments for total disability, temporary disability payments, or partial disability that are equal to not less than 66 2/3 percent of the application-based driver’s average weekly earnings from all network companies as of the date of injury but not more than the maximum compensation rate, unless the application-based driver’s average weekly earnings are less than $100, in which case the payments under this subdivision shall be equal to the application-based driver’s average weekly earnings. Payments under this paragraph shall be made for up to the first 104 weeks following the injury.

SB256,14,7 3. For the benefit of spouses, children, or other dependents of app-based drivers, accidental death insurance, for injuries suffered by an application-based driver while the application-based driver is engaged on the network company’s digital network that result in death, in an amount equal to 66 2/3 percent of the application-based driver’s average weekly earnings from all network companies as of the date of injury but not more than the maximum weekly compensation rate, unless the application-based driver’s average weekly earnings are less than $100, in which case the amount shall be equal to the application-based driver’s average weekly earnings, multiplied by 104.

SB256,14,12 (d) If a claim is covered by occupational accident insurance maintained by more than one network company, the insurer of the network company against whom a claim is filed is entitled to a contribution for the pro rata share of coverage attributable to one or more other network companies up to the coverages and limits in par. (c).

SB256,14,16 (e) Any benefit provided to an application-based driver under an occupational accident insurance policy described in par. (a) shall be treated as amounts payable under a worker’s compensation law or disability benefit for the purpose of determining amounts payable under insurance provided under s. 632.32 (4) or (4m).

SB256,14,18 (4) Nonseverability. This section does not apply if a court finds s. 102.07 (8) (bs) invalid.

SB256,21 Section 21. INS 3.14 (6) (intro.), (a), (b) and (c) of the administrative code are amended to read:

SB256,14,22 INS 3.14 (6) (intro.) Eligible groups. In accordance with s. 600.03 (23), Stats., an eligible group includes any of the following:

SB256,15,2 (a) The members of the board of directors of a corporation are eligible to be covered under a group accident and sickness policy issued to such corporation, corporation.

SB256,15,6 (b) The individual members of member organizations of an association, as defined in s. 600.03 (23), Stats., are eligible to be covered under a group accident and sickness policy issued to such association insuring employees of such association and employees of member organizations of such association, and.

SB256,15,9 (c) The individuals supplying raw materials to a single processing plant and the employees of such processing plant are eligible to be covered under a group accident and sickness policy issued to such processing plant.

SB256,22 Section 22. INS 3.14 (6) (d) of the administrative code is created to read:

SB256,15,14 INS 3.14 (6) (d) Application-based drivers, as defined in s. 632.985 (1) (a), Stats., of a network company, as defined in s. 632.985 (1) (f), Stats., covered under a group accident and sickness policy issued to the network company. This paragraph does not apply if a court finds s. 102.07 (8) (bs), Stats., invalid.

SB256,23 Section 23. INS 3.15 (4) (a) 16. of the administrative code is created to read:

SB256,15,18 INS 3.15 (4) (a) 16. Application-based drivers, as defined in s. 632.985 (1) (a), Stats., of a network company, as defined in s. 632.985 (1) (f), Stats. This subdivision does not apply if a court finds s. 102.07 (8) (bs), Stats., invalid.

SB256,24 Section 24. Effective dates. This act takes effect on the day after publication, except as follows:

SB256,15,22 (1) The treatment of administrative rules takes effect as provided in s. 227.265.

SB256,15,23 (end)