2017 - 2018 LEGISLATURE
April 13, 2017 - Introduced by Senators C. Larson and Vinehout, cosponsored by
Representatives Sinicki, Zepnick and Berceau. Referred to Committee on
Government Operations, Technology and Consumer Protection.
1An Act to repeal
440.44 (1) (title) and 440.44 (2) (title); to renumber
440.43 and 2
440.44 (1); to renumber and amend
440.44 (2) (a), 440.44 (2) (b) and 440.44 3
(2) (c); to amend
440.43 (title), 440.445 (1) (b) (intro.), 440.445 (3), 440.49 (3) 4
and 440.495; and to create
440.43 (2), 440.453 (title), 440.453 (1) (b), 440.453 5
(1) (c) and 440.453 (3) of the statutes; relating to: regulation of transportation
6network companies and their drivers and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill makes several changes to the laws governing transportation network
companies (TNCs) and their participating drivers in Wisconsin, including the
1. Requires each TNC to establish complaint procedures for 1) reporting a
participating driver's discrimination against a passenger or prospective passenger;
and 2) reporting a participating driver's suspected sex offense or crime involving
fraud, theft, damage to property, violence, an act of terror, or the use of a motor
vehicle in the commission of a crime. Under current law, a TNC is required to
establish complaint procedures only with respect to reporting violations of the TNC's
required policy of zero tolerance for a participating driver's use of drugs or alcohol.
2. Requires that a TNC immediately suspend a participating driver who is the
subject of a complaint described above, investigate the complaint, and maintain all
records of the investigation for at least two years. Those requirements currently
apply only with respect to complaints alleging violations of a TNC's zero tolerance
drug and alcohol policy.
3. Requires a TNC to inform the Department of Safety and Professional
Services of each complaint the TNC receives with respect to a subject matter covered
by the complaint procedures required under the bill and under current law. The TNC
must also inform DSPS once a complaint is resolved.
4. Requires each participating driver to prominently display a copy of his or her
driver's license and a copy of the TNC's complaint procedures in the participating
5. Requires a TNC to have a third party conduct a criminal background check
for each individual applying to be a participating driver for the TNC. Currently, a
TNC has the option to conduct the criminal background check itself.
6. Raises the potential monetary penalty from $1,000 to $5,000 for a TNC
violating laws governing transportation network services and from $1,000 to $2,500
for all other persons violating those laws.
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:
440.43 (title) of the statutes is amended to read:
(title) Identification of participating drivers; display of
3information in personal vehicles.
440.43 of the statutes is renumbered 440.43 (1).
440.43 (2) of the statutes is created to read:
A participating driver shall prominently display all of the following 7
in the participating driver's personal vehicle at all times while the participating 8
driver is engaged in transportation network services:
(a) A copy of the participating driver's valid driver's license.
(b) A copy of the licensed company's complaint procedures required under s. 11
440.44 (1) (title) of the statutes is repealed.
440.44 (1) of the statutes is renumbered 440.44.
440.44 (2) (title) of the statutes is repealed.
440.44 (2) (a) of the statutes is renumbered 440.453 (1) (intro.) and 3
amended to read:
(intro.) Each licensed company shall develop, implement, and 5
make available on its Internet site, complaint procedures for
reports all of the
7(a) The report
suspected violations violation by a participating driver
of the 8
policy under sub. (1) s. 440.44
440.44 (2) (b) of the statutes is renumbered 440.453 (2) and 10
amended to read:
Upon receipt of a complaint concerning a violation of a licensed
under sub. (1) (a) to (c)
, the licensed company shall immediately 13
suspend the participating driver and investigate the complaint. The suspension 14
shall continue until the complaint is resolved.
440.44 (2) (c) of the statutes is renumbered 440.453 (4) and 16
amended to read:
Each licensed company shall maintain all records of each 18
investigation under par. (b) sub. (2)
, including the results of that investigation and 19
any action taken based on that investigation, for at least 2 years after the date the 20
complaint was received by the licensed company.
440.445 (1) (b) (intro.) of the statutes is amended to read:
(b) (intro.) Conduct, or have Have
a 3rd party conduct,
a local and 23
national criminal background check for the individual that includes all of the 24
440.445 (3) of the statutes is amended to read:
440.445 (3) Vehicle safety and emissions.
Each licensed company shall ensure 2
that each motor vehicle a participating driver uses to provide transportation 3
network services for the licensed company is a personal vehicle that satisfies all state 4
vehicle safety and emissions standards for private motor vehicles
and is not titled as
5a salvage vehicle
440.453 (title) of the statutes is created to read:
(title) Complaint procedures.
440.453 (1) (b) of the statutes is created to read:
(b) The report of a suspected violation by a participating driver of 10
the policy under s. 440.45 (1) or of the prohibition against discrimination under s. 11
440.453 (1) (c) of the statutes is created to read:
(c) The report of a suspected sex offense or crime involving fraud, 14
theft, damage to property, violence, an act of terror, or the use of a motor vehicle in 15
the commission of a crime, committed by a participating driver.
440.453 (3) of the statutes is created to read:
Upon receipt of a complaint under sub. (1) (a) to (c), the licensed 18
company shall inform the department of the complaint and provide the department 19
with a copy of the complaint if made in writing. Upon resolution of the complaint, 20
the licensed company shall inform the department concerning how the complaint 21
was resolved, including a description of any action taken by the licensed company 22
based on its investigation under sub. (2).
440.49 (3) of the statutes is amended to read:
440.49 (3) Forfeitures.
In addition to or in lieu of a reprimand or other action 25
under sub. (2), the department may assess against a licensed company, for the
violations enumerated under sub. (2), a forfeiture of not more than $1,000 $5,000
each separate offense.
440.495 of the statutes is amended to read:
Any person who violates this subchapter or any rule 5
promulgated under this subchapter may be fined not more than $1,000 $2,500