MED&MIM:amn
2021 - 2022 LEGISLATURE
February 18, 2022 - Introduced by Representative Gundrum, cosponsored by
Senator Stroebel. Referred to Committee on Small Business Development.
AB1060,1,3
1An Act to amend 102.07 (8) (a); and
to create 102.07 (8) (bw), 104.01 (2) (b) 6.
2and 108.02 (15) (j) 8. of the statutes;
relating to: participants in clinical
3research trials.
Analysis by the Legislative Reference Bureau
This bill provides that for the purposes of the minimum wage law and worker's
compensation law an individual who is a participant in a clinical research trial and
receives remuneration, a stipend, or compensation for participating in the trial is not
an employee of the entity that conducts the trial. The bill also provides that such
services are not considered covered employment under the unemployment insurance
(UI) law. As a consequence, amounts paid by employers for those services are not
subject to UI contribution requirements and those wages are not counted as base
period wages for purposes of determining eligibility for UI benefits.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1060,1
4Section
1. 102.07 (8) (a) of the statutes is amended to read:
AB1060,2,35
102.07
(8) (a) Except as provided in pars. (b)
and, (bm),
and (bw), every
6independent contractor is, for the purpose of this chapter, an employee of any
1employer under this chapter for whom he or she is performing service in the course
2of the trade, business, profession or occupation of such employer at the time of the
3injury.
AB1060,2
4Section
2. 102.07 (8) (bw) of the statutes is created to read:
AB1060,2,75
102.07
(8) (bw) An individual who receives remuneration, a stipend, or
6compensation for being a participant in a clinical research trial is not an employee
7of the entity conducting the clinical research trial.
AB1060,3
8Section
3. 104.01 (2) (b) 6. of the statutes is created to read:
AB1060,2,109
104.01
(2) (b) 6. Any individual who receives remuneration, a stipend, or
10compensation for being a participant in a clinical research trial.
AB1060,4
11Section
4. 108.02 (15) (j) 8. of the statutes is created to read:
AB1060,2,1312
108.02
(15) (j) 8. By an individual who receives remuneration, a stipend, or
13compensation for being a participant in a clinical research trial.
AB1060,5
14Section
5.
Initial applicability.
AB1060,2,1615
(1) The treatment of s. 108.02 (15) (j) 8. first applies to services performed on
16the effective date of this subsection.
AB1060,2,1818
(1)
This act takes effect the Sunday after publication.
