Gov. Tony Evers signs AB 257 into law Friday. The bill creates a credential and pathway for advanced practice registered nurses to practice independently. (Photo courtesy of Office of Gov. Evers)

As expected, Gov. Tony Evers signed legislation Friday that clears the way for nurses with advanced training to practice independently.

“Nurses play a critical role in our healthcare workforce, and I’m proud of our work to expand opportunities for nurses to not only grow their career but create a system that allows for more advanced practitioners here in Wisconsin,” Evers said in a statement released Friday announcing his plans to sign AB 257, the advanced practice registered nurses (APRN) legislation, now Wisconsin Act 17.

The bill creates a new license category and a professional pathway for nurses who qualify to practice independently.

Evers vetoed two other closely watched bills — one that would have carved out app-based drivers from protections under state employment laws and one that would require the state Department of Corrections to recommend sending back to prison people charged with a crime while they are on probation, parole or extended supervision.

Altogether the governor signed 16 of the 21 bills that the Legislature formally presented to him on Thursday and vetoed five.

Advanced practice nursing bill wins approval

The Wisconsin state nursing board will oversee the credentialing of advanced practice nurses, a group that includes certified nurse-midwives, certified registered nurse anesthetists, clinical nurse specialists and nurse practitioners.

Advocates said the measure will increase the availability of health care providers, particularly in parts of Wisconsin where doctors are scarce.

Evers vetoed previous versions of the bill in 2022 and 2024. Both times he expressed support for the concept but insisted nurses should meet tighter qualifications before they can practice on their own.

The bill he signed Friday adds those requirements — increasing the amount of supervision that an APRN must have under a physician to 3,840 hours before practicing independently; adding additional supervision requirements for certified registered nurse anesthetists who specialize in pain management; and including language to restrict the titles APRN practitioners use so patients aren’t confused about their credentials.

The Wisconsin Medical Society cited those issues in opposing APRN bills in previous legislative sessions, and with the 2025 revision shifted its stance to neutral.  

In floor votes in June, lawmakers from both parties stressed the bipartisan compromise reflected in the measure that was presented to Evers this week.

In his announcement, Evers thanked lawmakers for their work on the measure, including Republican state Sens. Patrick Testin and Rachael Cabral-Guevara, Republican state Rep. Tony Kurtz and Democratic state Rep. Lisa Subeck.

He also thanked “the many nursing and physician groups that we worked with to get this bipartisan bill across the finish line to help bring more folks into the healthcare profession and ensure that Wisconsinites get the high-quality care they need when they need it while setting our nurses up for success.”

Bill classifying gig drivers vetoed

Evers vetoed AB 269, legislation that would have blocked drivers from app-based rideshare and delivery businesses from being declared employees.  

The legislation would have automatically classified drivers for Uber, Lyft, DoorDash and similar businesses as independent contractors, bypassing current Wisconsin laws that differentiate independent contractors from direct employees. 

It would have categorically excluded app-based drivers from coverage under the state’s unemployment insurance, workers compensation and minimum wage laws. 

“I object to the bill’s definition of independent contractor status in the absence of any guaranteed benefit for workers,” Evers wrote in his veto message.

In a campaign pushed most prominently by DoorDash and other app-based businesses that enlist drivers, advocates focused  on the bill’s provisions that would permit — but not require — those businesses to establish portable benefits for drivers.

Evers acknowledged in his veto message that app-based drivers “are a growing segment of Wisconsin’s workforce.” But he said changing the state’s independent contractor definitions “demands substantive conversations among several parties,” with management and  workers both at the table. 

Evers wrote that while the bill was moving through the Legislature, his staff asked lawmakers and groups with an interest in the measure to allow time for “robust dialogue and engagement to reach consensus and compromise” over the legislation. 

“Unfortunately the Legislature declined to meaningfully provide that opportunity, choosing instead to send this bill to my desk anyway,” he wrote. “My veto today will allow time for these important conversations to occur so Wisconsin can find a path forward.”

The Wisconsin AFL-CIO praised the veto. “Legislation that makes the loss of important worker rights a certainty while holding out the possibility of flexible benefits if and when the employer chooses to provide them is a bad deal for workers,” President Stephanie Bloomingdale said. 

Bill pushing revocation for offenders rejected

Evers vetoed AB 85, legislation that would require the Department of Corrections to recommend automatically returning a person to prison who is charged with a crime while on extended supervision, parole or probation. Evers vetoed a similar bill in 2019.

Evers wrote in his veto message that the legislation was “an unfunded mandate” likely to cost the state more than $330 million in the first two years, according to the fiscal estimate, “and hundreds of millions in unknown, ongoing costs.” 

In addition, he wrote, it would likely require building more prison facilities and would be expected to impose new costs on local governments, while he blamed lawmakers for “significantly underfunding existing operations at the Department of Corrections in the most recent state budget.”

The bill “would move Wisconsin in the wrong direction on criminal justice reform without improving public safety,” Evers wrote. 

Instead, he urged lawmakers, “Wisconsin should be investing in data-driven, evidence-based programming that addresses barriers to reentry, enhances educational and vocational opportunities for individuals who will be released after completing their sentence, and provides treatment for mental health and substance use issues, which will help to reduce recidivism and save taxpayer money while improving public safety.”

In a message posted on Facebook the bill’s author, state Rep. Brent Jacobson (R Mosinee), criticized the veto. “It is unacceptable to give repeat criminals the opportunity to continue to put our families and neighbors at risk again and again without facing consequences,” he wrote.

The bill was opposed by criminal justice reform organizations, including the national prison reform group Dream.Org and Wisconsin-based Ex-incarcerated People Organizing (EXPO).

“This harmful bill would have led to more people being revoked from community supervision and incarcerated, making it harder to build safe and thriving communities in Wisconsin,” Dream.Org posted on Facebook. The organization credited campaigning by advocates and community groups with persuading Evers to veto the measure. 

Primary care medicine measure falls 

Evers vetoed SB 4, legislation that would specify that subscription-based direct primary medical care arrangements are not subject to the state’s insurance laws.

While the legislation had some bipartisan support in concept, it foundered at the governor’s desk on the issue of anti-discrimination language.

Evers listed in his veto message a number of provisions in the legislation that forbid primary care providers from refusing to treat patients. 

Nevertheless, he wrote that he objected to “the Legislature failing to provide sufficient protections for patients receiving care under direct primary care agreements from being discriminated against and potentially losing access to their healthcare.”

Evers did not specify what additional protections he believed the measure should include. “I previously raised similar concerns when I vetoed earlier iterations of this legislation five years ago — concerns the Legislature has declined to satisfactorily address in the bill that is now before me and despite having ample opportunity,” he wrote.

In 2020, when Evers vetoed the version of the legislation on his desk at the time, he wrote that he objected to an amendment in which lawmakers had removed language protecting patients from being refused treatment on the grounds of “genetics, national origin, gender identity, citizenship status, or whether the patient is LGBTQ.”

In his veto message Friday, Evers wrote, “Every Wisconsinite should be able to get the healthcare they need when and where they need it — and without fear of discrimination. I welcome the Legislature revisiting this legislation and the opportunity to enact a version of this bill that sufficiently addresses my concerns.”

The announcement issued by the governor’s office Friday includes a complete list of bills that the governor signed and vetoed, with links to the enacted measures and to Evers’ veto statements.

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At a news conference Tuesday in the state Capitol, Rachel Smith of New Berlin speaks in favor of a bill that would make app-based drivers independent contractors and allow the businesses they drive for to provide some benefits. The bill was authored by Sen. Julian Bradly, on the right. (Photo by Erik Gunn/Wisconsin Examiner)

Backers of legislation that would block drivers from app-based rideshare and delivery businesses from being declared employees are making a full-court press to persuade Gov. Tony Evers to sign the measure into law.

If enacted, AB 269 would automatically classify drivers for Uber, Lyft, DoorDash and similar businesses as independent contractors — bypassing current Wisconsin laws that differentiate independent contractors from direct employees. It would exclude those drivers from Wisconsin’s unemployment insurance, workers compensation and minimum wage laws.

The bill would also allow those businesses to set up payroll plans to fund benefit programs for drivers, but it would not require them to do so.

Along with other bills that passed both houses after May 8, the Legislature’s calendar requires the independent contractor measure to go to Evers on Thursday, Aug. 7. Evers hasn’t spoken publicly about the bill, but opponents contend it deprives drivers of worker protections in return for meager benefits.

“It just seems to be a PR move to entrench drivers’ status as independent contractors,” said state Rep. Ryan Clancy (D-Milwaukee), who drives for Lyft and who voted against the bill in the Assembly. 

A heavy lobbying campaign for which DoorDash has been the most visible sponsor has put all the attention on the benefits provision. On Tuesday, Chamber for Progress, a tech business lobbying group, organized a press conference in the state Capitol to urge Evers to sign the bill.

State Sen. Julian Bradley (R-New Berlin), the bill’s Senate author, said it would allow the driving-app companies “to voluntarily contribute to portable benefit accounts that travel with the worker and allow them to use the funds for health care, sick time or retirement without stripping workers of their independence.”

Gig workers “want to be independent,” said Ruth Whittaker, of Chamber for Progress. “We should protect their independence and the flexibility of gig work, and we should also give them access to benefits.”

Joe DeRose, a retired state employee, said his work driving for DoorDash provided “flexible income to help with rising costs” without tying him to a fixed schedule.

“I strongly support portable benefits,” DeRose said. “These accounts would let app-based workers save for unforeseen events or retirement without giving up the flexibility that makes this work so appealing.”

Rachel Smith of New Berlin said she delivers for DoorDash while building an online wellness business.

“The reality is, like many entrepreneurs and independent workers, I don’t have access to traditional benefits, so this portable benefits legislation would change that,” Smith said. “Portable benefits would let me plan for my future without giving up the freedom that makes this work possible in the first place.”

“Without this offer, there are no portable benefits,” said state Rep. Sylvia Velez-Ortiz (D-Milwaukee), who cast the only Democratic vote for the bill in the Assembly. “This is something that the platforms are wanting to do on their own, and government should not stand in their way of doing what they know is right.”

While Evers hasn’t said whether he’ll sign or veto the bill, its passage with only Republican votes — besides that of Ortiz-Velez — has almost always been a precursor to a veto.

Wisconsin labor laws include a series of tests to determine if a worker is an independent contractor or an employee.

An employee is covered by unemployment insurance, workers compensation insurance and state labor standards that include minimum wage, work hours and overtime regulations. An independent contractor is not.

The worker-business relationship must meet each one of nine qualifications to be exempt from workers comp law. It must meet 6 out of 9 qualifications to be exempt from unemployment insurance. And it must meet all six qualifications to be exempt from the state’s wage and hour laws.

The bill would make the app-based rideshare and delivery companies automatically exempt from all three areas of employment law. 

They could lose the exemption only if they flunked all four parts of a new four-part test — by prescribing when drivers must be logged in; terminating a driver for turning down an assignment; restricting drivers from working for other app-based companies; and restricting drivers from any other lawful job or business.

“This is a dangerous bill for working people,” Stephanie Bloomingdale, president of the Wisconsin AFL-CIO, said Tuesday.

“It is a bill that will carve out our existing tests to determine unemployment, workers’ comp, wage and hour [standards] with a very simplistic four-part test that would forever remove drivers’ ability to access those kind of benefits that we fought for for decades,” Bloomingdale said in an interview.

“They could offer benefits without taking away these tests,” she added. “And what they’re really after is taking away these tests.

Although Bradley described the bill as giving Wisconsin gig drivers “access to benefits like health care, dental and retirement savings,” critics say that those kinds of benefits are unlikely to accrue under the system the law describes. 

In Pennsylvania, DoorDash has established a trial benefits program without a law in place there. A report commissioned for the program found that participants on average were able to save about $400 over the course of a year.

“It’s just a savings account with a very meager contribution from the companies,” said Laura Padin, director of Work Structures at the National Employment Law Project (NELP), who sent a letter to Evers urging him to veto the bill. “Real employment-based benefits are worth so much more than that.”

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A bill that passed both the Assembly and the Senate Wednesday would automatically classify ride-share and certain delivery drivers as independent contractors. (Photo by Michael M. Santiago/Getty Images)

Legislation that would declare that drivers for app-based ride-share and delivery businesses are independent contractors will go to Gov. Tony Evers after clearing both houses of the Legislature Wednesday.

The legislation also authorizes the affected companies to offer drivers benefit plans without classifying them as employees.

After two previous attempts to pass the bill, in the Legislature’s 2021-22 and 2023-24 sessions, the Senate and Assembly votes Wednesday — mostly along party lines — marked the first time the measure will get to the governor’s desk.

The bill — AB 269 — applies to drivers for delivery and transportation businesses such as Uber, Lyft and DoorDash who are hired by customers using online apps or similar technology.

It defines those drivers as independent contractors who are not subject to laws guaranteeing minimum wage, unemployment compensation and workers compensation.

Update: The bill passed the Assembly on a vote of 56-36, but as of Friday, the Assembly’s official journal of the session reported that three of four Assembly Democrats who were recorded as voting “yes” for the bill asked that their votes be registered as “no,” and their requests were granted, resulting in a new tally of 53-39. One Democrat supported the bill. 

WisPolitics.com reported the changed votes on Friday. WisPolitics.com also reported that according to the office of Assembly Majority Leader Tyler August, Assembly chief clerk’s office and the Legislative Technical Services Bureau “conducted a thorough testing” of the Assembly’s electronic voting system and found no problems.

In the Senate, the bill passed 16-15, with no Democratic support and one Republican, Sen. Steve Nass (R-Whitewater) voting in opposition.

As of Wednesday the Wisconsin Ethics Commission had no public reports on money spent lobbying for or against the legislation. But since early this year DoorDash has been running digital ads on WisPolitics.com and elsewhere promoting the legislation’s “portable benefits” provision.

DoorDash issued a statement Wednesday lauding the bill’s passage. “Dashers and customers in Wisconsin have sent hundreds of letters to the governor, urging him to sign the bill into law,” the company stated.

If Evers signs the measure, Wisconsin would be the first state in the country to enact such legislation. DoorDash has pilot benefit programs without legislation in Pennsylvania, Maryland and Georgia, the company said.

While the bill authorizes the companies to offer the benefit plans, it does not require them to do so. It sets the standards of coverage for such plans if they are offered. It also allows the businesses to establish deferred compensation retirement plans for their drivers.

“This bill will provide meaningful, affordable benefit opportunities for these independent contractors,” said Rep. Alex Dallman (R-Green Lake) at an Assembly press conference before Wednesday’s floor session. “They’ll be able to solidify that they get to choose when and where they want to work, the freedom that they have to be able to earn benefits through the work that they provide for these different companies, and be able to really set themselves up for a future of success by having things such as health insurance.”

A new independent contractor standard

The legislation lists four practices that would exclude a ride-share or delivery company from the independent contractor protections: If it requires drivers to be logged into the service on certain dates, certain times or for a minimum number of hours; if it terminates a driver’s contract for not accepting a specific service request; if it bars drivers from working with other such businesses; and if it bars drivers from working in any other occupation or business.

A company would have to flunk all four of those provisions to be disqualified.

In both the Senate and the Assembly, critics said the bill would serve the contracting companies, not their drivers.

“We don’t need to create a new category of workers with fewer protections, which is what this bill does,” said Sen. Melissa Ratcliff (D-Cottage Grove) on the Senate floor. “The sad realization is that all of the so-called benefits talked about in this bill may never come to fruition for any gig driver. And yet the bill makes mandatory the loss of employee status for every single app-based driver.”

Sen. Julian Bradley (R-New Berlin), said drivers testified in favor of the legislation that “they don’t want to be employees.” Bradley is the lead author of the Senate companion legislation. 

“If you watch any of the hearings, they’ll tell you, ‘We love the flexibility of being an independent contractor.’ They chose to be independent contractors because of the flexibility.”

Under state law and regulations, the state Department of Workforce Development (DWD) uses a nine-part test to determine if workers are employees rather than independent contractors, said Rep. Christine Sinicki (D-Milwaukee) during the Assembly debate.

“The big problem with this bill, though, is that it actually allows the executives of these companies to dictate their own test to fit their own needs,” Sinicki said.

‘Difficult way to pay the bills’

“Driving for ride-sharing services like Lyft or Uber is a grueling, difficult way to pay the bills,” said Rep. Ryan Clancy (D-Milwaukee), who said he’s a ride-share driver.

He said the industry’s claims that a driver collects $25 or $30 an hour are based on the travel time alone.

“So in an hour, if I take two people on rides which cost them $7 each and I get about $3.50 from each of those, Lyft might report that I got $30 an hour because they don’t count all the minutes between the rides. But I actually gross $7 that hour,” Clancy said.

The bill allows a company to contribute up to 4% of a driver’s earnings to the proposed benefits account. He said Uber drivers have an average weekly revenue of $513, so 4% “would come out to just $267 a quarter” — too little to cover a health insurance premium.  

The bill aims to keep drivers from being classified as employees because “it’s far easier to exploit an independent contractor than it is an employee,” he said.

Clancy said drivers across the U.S. have been “trying to get recognized as the employees they are, and to try to get access to basic benefits and workplace protections and access to unemployment insurance, just like the vast majority of employees in Wisconsin.”

Rep. Sylvia Ortiz-Velez (D-Milwaukee), a co-sponsor of the bill was the only Assembly Democrat to support, although three other Democrats were initially recorded as voting “yes” before being granted a request to change their vote to “no.”

“I heard countless testimonies from drivers who wanted the flexibility of being independent contractors,” Ortiz-Velez said, adding that she has received “a ton of emails, a ton of support” for the bill this year as well as in the last two-year session.

“This bill offers portable benefits that right now don’t exist,” Ortiz-Velez said. “It won’t exist if we don’t pass this bill.”

Dallman, the bill’s lead Assembly author, said on the Assembly floor that critics of the bill can simply choose not to work for the companies it covers.

“This is for the independent contractor and the freedom that they have to get ahead in life by working a couple extra jobs, a couple extra trips on a weekend to make a little bit of extra cash,” Dallman said. “While at the same time, voluntarily partnering with one of these companies . . .  to pay for their benefits, to pay for their retirement. Again, the opportunity for workers to make choices on their own to get ahead in life.”

This report was updated Friday, 6/20/2025, to update the Assembly vote on SB 269 after the Assembly journal reported on a request by three Democrats to change how their vote had been recorded.

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