The bill provides that if an accident is covered by occupational accident insurance maintained by more than one network company, the insurer of the 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 above coverages and limits.

Under the bill, any benefit provided to an application-based driver under an occupational accident insurance policy is treated as amounts payable under a worker's compensation law or disability benefit for the purpose of determining amounts payable under uninsured or underinsured motorist coverage.

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:

AB487,1 Section 1. 102.01 (2) (ae) of the statutes is created to read:

AB487,3,4 102.01 (2) (ae) “Application-based driver” means a delivery network courier or participating driver who provides services through the online-enabled application, software, or system of a network company.

AB487,2 Section 2. 102.01 (2) (an) of the statutes is created to read:

AB487,3,8 102.01 (2) (an) “Delivery network company” means a business that maintains an online-enabled application, software, or system to facilitate delivery services within this state.

AB487,3 Section 3. 102.01 (2) (ann) of the statutes is created to read:

AB487,3,12 102.01 (2) (ann) “Delivery network courier” means an individual who provides delivery services through a delivery network company's online-enabled application, software, or system.

AB487,4 Section 4. 102.01 (2) (anp) of the statutes is created to read:

AB487,4,7 102.01 (2) (anp) “Delivery services” means the fulfillment of a delivery request by picking up from any location any item and delivering the item, by using a passenger vehicle, a bicycle, a scooter, public transportation, or other similar means of transportation or by walking, to a location selected by the customer located within 50 miles of the pickup location. “Delivery services” includes the selection, collection, or purchase of items by a delivery network courier, as well as other tasks incidental to the delivery.

AB487,5 Section 5. 102.01 (2) (dc) of the statutes is created to read:

AB487,4,10 102.01 (2) (dc) “Network company” means a delivery network company or a transportation network company.

AB487,6 Section 6. 102.01 (2) (ds) of the statutes is created to read:

AB487,4,12 102.01 (2) (ds) “Participating driver” has the meaning given in s. 440.40 (3).

AB487,7 Section 7. 102.01 (2) (gh) of the statutes is created to read:

AB487,4,15 102.01 (2) (gh) “Transportation network company” has the meaning given in s. 440.40 (6).

AB487,8 Section 8. 102.07 (8) (a) of the statutes is amended to read:

AB487,4,21 102.07 (8) (a) Except as provided in pars. (b) and, (bm), and (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.

AB487,9 Section 9. 102.07 (8) (bs) of the statutes is created to read:

AB487,4,24 102.07 (8) (bs) An application-based driver is not an employee of a network company if the company refrains from doing all of the following:

AB487,5,3 1. Prescribing specific dates, times of day, or a minimum number of hours during which the application-based driver must be logged into the network company's online-enabled application, software, or system.

AB487,5,6 2. Terminating the contract of the application-based driver for not accepting a specific delivery service request or request for transportation, except as prohibited by s. 440.45 (2).

AB487,5,9 3. Restricting the application-based driver from performing services through other network companies except while performing services through that network company.

AB487,5,11 4. Restricting the application-based driver from working in any other lawful occupation or business.

AB487,10 Section 10. 103.08 of the statutes is created to read: