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MIM:cjs
2021 - 2022 LEGISLATURE
November 12, 2021 - Introduced by Representatives Spiros, Armstrong, August,
Macco, Steffen and Knodl, cosponsored by Senators Cowles and Ballweg.
Referred to Committee on Labor and Integrated Employment.
AB691,1,4 1An Act to amend 102.07 (8) (a); and to create 73.03 (75), 102.07 (8) (bs), 104.01
2(5k), 104.013, 108.02 (12) (cm), 109.01 (2m) and 109.013 of the statutes;
3relating to: classification of motor vehicle operators as independent
4contractors or employees.
Analysis by the Legislative Reference Bureau
This bill provides that, for the purposes of the worker's compensation law, the
unemployment insurance law, the minimum wage law, the administration of income
and franchise taxes, and wage claims, the fact that the operator of a motor vehicle
for a motor carrier deploys, implements, or uses a motor carrier safety improvement
is not evidence that the operator is an employee rather than an independent
contractor.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB691,1 5Section 1 . 73.03 (75) of the statutes is created to read:
AB691,2,36 73.03 (75) To not consider the deployment, implementation, or use of a motor
7carrier safety improvement, as defined in s. 102.07 (8) (bs) 1., in determining whether

1the operator of a motor vehicle is an employee for the administration of the income
2and franchise taxes imposed under ch. 71, to the extent that such a determination
3does not conflict with the federal Internal Revenue Code.
AB691,2 4Section 2 . 102.07 (8) (a) of the statutes is amended to read:
AB691,2,95 102.07 (8) (a) Except as provided in pars. (b) and (bm) to (bs), every
6independent contractor is, for the purpose of this chapter, an employee of any
7employer under this chapter for whom he or she is performing service in the course
8of the trade, business, profession or occupation of such employer at the time of the
9injury.
AB691,3 10Section 3 . 102.07 (8) (bs) of the statutes is created to read:
AB691,2,1411 102.07 (8) (bs) 1. In this paragraph, “motor carrier safety improvement” means
12any device, equipment, software, technology, procedure, training, policy, program, or
13practice intended and primarily used to improve or facilitate compliance with federal
14or state laws that govern any of the following:
AB691,2,1515 a. Traffic safety or motor carrier safety.
AB691,2,1616 b. The safety of motor vehicles.
AB691,2,1717 c. The safety of operators of motor vehicles.
AB691,2,1818 d. The safety of other users of highways.
AB691,2,2219 2. The deployment, implementation, or use of a motor carrier safety
20improvement by or as required by a motor carrier or its related entity, as defined in
21s. 71.22 (9am), including by contract, or by the operator of a motor vehicle is not
22evidence that an operator of a motor vehicle does not meet the conditions of par. (b).
AB691,4 23Section 4. 104.01 (5k) of the statutes is created to read:
AB691,2,2524 104.01 (5k) “Motor carrier safety improvement” has the meaning given in s.
25102.07 (8) (bs) 1.
AB691,5
1Section 5. 104.013 of the statutes is created to read:
AB691,3,6 2104.013 Certain motor vehicle operators excluded. For purposes of this
3chapter, the deployment, implementation, or use of a motor carrier safety
4improvement by or as required by a motor carrier or its related entity, as defined in
5s. 71.22 (9am), including by contract, or by the operator of a motor vehicle is not
6evidence that an individual is an employee of a motor carrier.
AB691,6 7Section 6. 108.02 (12) (cm) of the statutes is created to read:
AB691,3,98 108.02 (12) (cm) 1. In this paragraph, “motor carrier safety improvement” has
9the meaning given in s. 102.07 (8) (bs) 1.
AB691,3,1410 2. The deployment, implementation, or use of a motor carrier safety
11improvement by or as required by a motor carrier or its related entity, as defined in
12s. 71.22 (9am), including by contract, or by the operator of a motor vehicle is not
13evidence of control or direction by an employing unit for purposes of pars. (bm) and
14(c).
AB691,7 15Section 7. 109.01 (2m) of the statutes is created to read:
AB691,3,1716 109.01 (2m) “Motor carrier safety improvement” has the meaning given in s.
17102.07 (8) (bs) 1.
AB691,8 18Section 8. 109.013 of the statutes is created to read:
AB691,3,23 19109.013 Certain motor vehicle operators excluded. For purposes of this
20chapter, the deployment, implementation, or use of a motor carrier safety
21improvement by or as required by a motor carrier or its related entity, as defined in
22s. 71.22 (9am), including by contract, or by the operator of a motor vehicle is not
23evidence that an individual is an employee of a motor carrier.
AB691,3,2424 (End)
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