LRBs0406/1
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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 1An Act to amend 102.07 (8) (a); and to create 73.03 (77), 100.75, 102.07 (8) (bs),
2104.013, 108.02 (12) (cm) and 109.013 of the statutes; relating to: third-party
3food 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 4Section 1 . 73.03 (77) of the statutes is created to read:
SB861-SSA2,1,95 73.03 (77) To not consider fulfillment of the training requirement under s.
6100.75 (3) by an individual who makes deliveries for a 3rd-party food delivery
7service, in determining whether the individual is an employee for the administration
8of the income and franchise taxes imposed under ch. 71, to the extent that such a
9determination does not conflict with the federal Internal Revenue Code.
SB861-SSA2,2 10Section 2. 100.75 of the statutes is created to read:
SB861-SSA2,1,12 11100.75 Third-party food delivery services. (1) Definitions. In this
12section:
SB861-SSA2,2,3
1(a) “Consent” means a mutual acknowledgment between a person having
2authority to act on behalf of a restaurant and a 3rd-party food delivery service that
3is obtained electronically or in writing.
SB861-SSA2,2,64 (b) “Digital network” means an Internet site or online-enabled application,
5software, or system that allows a consumer to view and search the menus of
6restaurants and purchase food from restaurants for delivery.
SB861-SSA2,2,77 (c) “Restaurant” has the meaning given in s. 125.02 (18).
SB861-SSA2,2,98 (d) “Third-party food delivery service” means a person who operates a digital
9network and delivers food purchased through the digital network to consumers.
SB861-SSA2,2,12 10(2) Listing; removal. (a) A 3rd-party food delivery service shall provide a
11publicly accessible process for a restaurant to request the removal of the restaurant
12from the digital network of the 3rd-party food delivery service.
SB861-SSA2,2,1413 (b) If a restaurant requests to be removed from the digital network of a
143rd-party food delivery service, all of the following apply:
SB861-SSA2,2,1615 1. The 3rd-party food delivery service shall provide to the restaurant a dated
16receipt of the request.
SB861-SSA2,2,1817 2. The 3rd-party food delivery service shall remove the restaurant from its
18digital network within 3 business days of receiving the request.
SB861-SSA2,2,2119 3. The 3rd-party food delivery service may not list the restaurant on its digital
20network, offer the restaurant's food for delivery, or use the restaurant's name,
21address, logo, or menu without consent.
SB861-SSA2,2,2422 (c) A 3rd-party food delivery service may not solicit requests from consumers
23for a restaurant to be added to the digital network of the 3rd-party food delivery
24service.
SB861-SSA2,3,4
1(3) Delivery requirements. A 3rd-party food delivery service shall ensure that
2individuals delivering food for the 3rd-party food delivery service have knowledge
3of basic food safety principles, including personal hygiene and avoiding cross
4contamination.
SB861-SSA2,3,8 5(4) Sharing of data. A 3rd-party food delivery service shall provide to an owner
6or operator of a restaurant listed on its digital network information that identifies
7all of the following related to orders placed with the 3rd-party food delivery service
8involving the restaurant:
SB861-SSA2,3,99 (a) The contents of orders.
SB861-SSA2,3,1010 (b) The times that orders are placed.
SB861-SSA2,3,13 11(5) Penalties. If a 3rd-party food delivery service violates sub. (2) (b), the
12department may commence an action against the 3rd-party food delivery service in
13the name of the state to recover one of the following penalties:
SB861-SSA2,3,1514 (a) For a first violation involving a particular restaurant, a civil forfeiture of
15$1,000.
SB861-SSA2,3,1716 (b) For a 2nd violation involving a particular restaurant, a civil forfeiture of
17$5,000.
SB861-SSA2,3,1918 (c) For a 3rd or subsequent violation involving a particular restaurant, a civil
19forfeiture of $10,000.
SB861-SSA2,3 20Section 3 . 102.07 (8) (a) of the statutes is amended to read:
SB861-SSA2,3,2521 102.07 (8) (a) Except as provided in pars. (b) and (bm) to (bs), every
22independent contractor is, for the purpose of this chapter, an employee of any
23employer under this chapter for whom he or she is performing service in the course
24of the trade, business, profession or occupation of such employer at the time of the
25injury.
SB861-SSA2,4
1Section 4. 102.07 (8) (bs) of the statutes is created to read:
SB861-SSA2,4,42 102.07 (8) (bs) Fulfillment of the training requirement under s. 100.75 (3) by
3an individual who makes deliveries for a 3rd-party food delivery service is not
4evidence that the individual does not meet the conditions of par. (b).
SB861-SSA2,5 5Section 5 . 104.013 of the statutes is created to read:
SB861-SSA2,4,9 6104.013 Certain individuals delivering for 3rd-party food delivery
7services excluded.
For purposes of this chapter, fulfilling the training requirement
8under s. 100.75 (3) is not evidence that an individual is an employee of a 3rd-party
9food delivery service.
SB861-SSA2,6 10Section 6 . 108.02 (12) (cm) of the statutes is created to read:
SB861-SSA2,4,1411 108.02 (12) (cm) Fulfillment of the training requirement under s. 100.75 (3) by
12an individual who makes deliveries for a 3rd-party food delivery service is not
13evidence of control or direction by an employing unit for purposes of pars. (bm) and
14(c).
SB861-SSA2,7 15Section 7 . 109.013 of the statutes is created to read:
SB861-SSA2,4,19 16109.013 Certain individuals delivering for 3rd-party food delivery
17services excluded.
For purposes of this chapter, fulfilling the training requirement
18under s. 100.75 (3) is not evidence that an individual is an employee of a 3rd-party
19food delivery service.
SB861-SSA2,8 20Section 8. Effective date.
SB861-SSA2,4,2221 (1) This act takes effect on the first day of the 7th month beginning after
22publication.
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