AB143,15,224
(e) Coverage under an automobile insurance policy maintained by the
25transportation network company shall not be dependent on a personal automobile
1insurer first denying a claim nor shall a personal automobile insurance policy be
2required to first deny a claim.
AB143,15,43
(f) Insurance required under this subsection may be placed with an insurer
4authorized to do business in this state or with a surplus lines insurer.
AB143,15,65
(g) Insurance satisfying the requirements of this subsection shall be deemed
6to satisfy the financial responsibility requirement for a motor vehicle under ch. 344.
AB143,15,167
(h) A participating driver shall carry proof of coverage satisfying pars. (b) and
8(c) with him or her at all times during his or her use of a vehicle in connection with
9a transportation network company's digital network. In the event of an accident, a
10participating driver shall provide this insurance coverage information to the directly
11interested parties, automobile insurers, and investigating police officers, upon
12request in accordance with s. 344.62. Upon request, a participating driver shall also
13disclose to directly interested parties, automobile insurers, and investigating police
14officers whether he or she was logged on to the transportation network company's
15digital network or engaged in transportation network services at the time of the
16accident.
AB143,15,20
17(2) Disclosures required regarding insurance coverage. A transportation
18network company shall disclose in writing to participating drivers all of the following
19before they are allowed to accept a request for transportation network services on the
20transportation network company's digital network:
AB143,15,2421
(a) The insurance coverage, including the types of coverage and the limits for
22each coverage, that the transportation network company provides while the
23participating driver uses a personal vehicle in connection with a transportation
24network company's digital network.
AB143,16,4
1(b) That the participating driver's own automobile insurance policy might not
2provide any coverage while the participating driver is logged on to the transportation
3network company's digital network and is available to receive transportation
4requests or is engaged in transportation network services depending on its terms.
AB143,16,11
5(3) Insurer provisions. (a) Notwithstanding any coverage requirements under
6s. 632.32, an insurer that writes automobile insurance in this state may exclude any
7and all coverage afforded under a policy owner's insurance policy for any loss or
8injury that occurs while a participating driver is logged on to a transportation
9network company's digital network or is engaged in transportation network services.
10This right to exclude all coverage may apply to any coverage included in a motor
11vehicle insurance policy, including all of the following:
AB143,16,1212
1. Liability coverage for bodily injury and property damage.
AB143,16,1313
2. Uninsured and underinsured motorist coverage.
AB143,16,1414
3. Medical payments coverage.
AB143,16,1515
4. Comprehensive physical damage coverage.
AB143,16,1616
5. Collision physical damage coverage.
AB143,16,2217
(b) 1. Exclusions under par. (a) shall apply notwithstanding any requirement
18under ch. 344. Nothing in this subsection implies or requires that a personal
19automobile insurance policy provide coverage while the driver is logged on to the
20transportation network company's digital network, while the driver is engaged in
21transportation network services, or while the driver otherwise uses a vehicle to
22transport passengers for compensation.
AB143,16,2523
2. Nothing shall be deemed to preclude an insurer from providing coverage for
24the participating driver's vehicle, if the insurer so chooses to do so by contract or
25endorsement.
AB143,17,6
1(c) 1. Automobile insurers that exclude coverage as permitted in this subsection
2shall have no duty to defend or indemnify any claim expressly excluded. Nothing in
3this section shall be deemed to invalidate or limit an exclusion contained in a policy,
4including any policy in use, or approved for use, in this state before the effective date
5of this subdivision .... [LRB inserts date], that excludes coverage for vehicles used to
6carry persons or property for a charge or available for hire by the public.
AB143,17,117
2. An automobile insurer that defends or indemnifies a claim against a
8participating driver that is excluded under the terms of its policy as permitted in this
9subsection shall have a right of contribution against other insurers that provide
10automobile insurance to the same driver in satisfaction of the coverage requirements
11of sub. (1) at the time of loss.
AB143,17,2012
(d) In a claims coverage investigation, transportation network companies and
13any insurer potentially providing coverage under sub. (1) shall cooperate to facilitate
14the exchange of relevant information with directly involved parties and any insurer
15of the participating driver if applicable, including the precise times that a
16participating driver logged on and off the transportation network company's digital
17network in the 12-hour period immediately preceding, and in the 12-hour period
18immediately following, the accident, and disclose to one another a clear description
19of the coverage, exclusions, and limits provided under any automobile insurance
20maintained under sub (1).
AB143,18,2
21440.49 Disciplinary proceedings and actions. (1) Investigations and
22hearings. Subject to the rules promulgated under s. 440.03 (1), the department may
23conduct investigations and hold hearings to determine whether a violation of this
24subchapter or any rule promulgated under this subchapter or a violation of any other
1law that substantially relates to the operation of a transportation network company
2or to transportation network services has occurred.
AB143,18,6
3(2) Discipline. Subject to the rules promulgated under s. 440.03 (1), the
4department may reprimand a licensed company or deny, limit, suspend, or revoke a
5license granted under s. 440.415 if the department finds that an applicant for
6licensure or a licensed company has done any of the following:
AB143,18,87
(a) Intentionally made a material misstatement in an application for a license
8or license renewal.
AB143,18,99
(b) Advertised in a manner that is false or misleading.
AB143,18,1010
(c) Obtained or attempted to obtain compensation through fraud or deceit.
AB143,18,1311
(d) Violated this subchapter or any rule promulgated under this subchapter or
12violated any other law that substantially relates to the operation of a transportation
13network company or to transportation network services.
AB143,18,1614
(e) Failed to cooperate with the department, or failed to timely respond to a
15request for information by the department, in connection with an investigation
16under this section.
AB143,18,18
17440.495 Penalties. Any person who violates this subchapter or any rule
18promulgated under this subchapter may be fined not more than $1,000.
AB143,6
19Section
6.
Nonstatutory provisions.
AB143,19,420
(1)
Emergency rules. The department of safety and professional services may
21promulgate emergency rules under section 227.24 of the statutes implementing
22subchapter IV of chapter 440 of the statutes, as created by this act. Notwithstanding
23section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this
24subsection remain in effect until June 30, 2017, or the date on which permanent rules
25take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the
1statutes, the department is not required to provide evidence that promulgating a rule
2under this subsection as an emergency rule is necessary for the preservation of the
3public peace, health, safety, or welfare and is not required to provide a finding of
4emergency for a rule promulgated under this subsection.
AB143,7
5Section
7.
Effective dates. This act takes effect on the day after publication,
6except as follows:
AB143,19,87
(1)
Licensure requirement. The treatment of section 440.41 of the statutes
8takes effect on the first day of the 4th month beginning after publication.
AB143,19,119
(2)
Driver insurance requirements. The treatment of section 440.48 (1) of the
10statutes takes effect on July 1, 2015, or on the day after publication, whichever is
11later.