AB143-ASA2,12,1816
(a) The total number of passenger trips that were provided by participating
17drivers for the licensed company in each zip code within this state, based on the point
18of origin for each trip.
AB143-ASA2,12,2219
(b) The total number of requests for transportation that did not result in
20transportation network services in each zip code within this state, based on the
21requested point of origin for the transportation, and an explanation of the reasons
22each request for transportation did not result in transportation network services.
AB143-ASA2,12,2523
(c) The total number of passenger trips that were provided by participating
24drivers for the licensed company in each zip code within this state, based on the
25destination point for each trip.
AB143-ASA2,13,4
1(d) The total number of requests for transportation that did not result in
2transportation network services in each zip code within this state, based on the
3requested destination point for the transportation, and an explanation of the reasons
4each request for transportation did not result in transportation network services.
AB143-ASA2,13,5
5440.455 Records. Each licensed company shall do all of the following:
AB143-ASA2,13,7
6(1) Maintain passenger trip records for at least one year from the date of each
7trip.
AB143-ASA2,13,10
8(2) Maintain all records concerning each participating driver for at least one
9year after the date on which the participating driver ceases to engage in
10transportation network services for the licensed company.
AB143-ASA2,13,13
11440.46 Personally identifiable information. A licensed company may not
12disclose a passenger's or prospective passenger's personally identifiable information
13to any other person, unless any of the following is true:
AB143-ASA2,13,14
14(1) The passenger or prospective passenger consents to the disclosure.
AB143-ASA2,13,15
15(2) The disclosure is required by law.
AB143-ASA2,13,18
16(3) The disclosure is necessary to protect or defend the terms of use of the
17licensed company's transportation network services or to investigate a violation of
18those terms.
AB143-ASA2,13,21
19(4) The disclosure is to the participating driver, is limited to the passenger's
20name and telephone number, and is for the sole purpose of facilitating the
21participating driver's transportation network services for that passenger.
AB143-ASA2,13,25
22440.465 Limitations on other regulation. (1) The requirements under chs.
23340 to 349 applicable specifically to commercial vehicles or for-hire vehicles do not
24apply to personal vehicles used by participating drivers engaged in transportation
25network services.
AB143-ASA2,14,3
1(2) The requirements under ss. 342.06 (1) (h) and (3), 342.10 (3) (a), and 342.33
2do not apply to personal vehicles used by participating drivers engaged in
3transportation network services.
AB143-ASA2,14,4
4(3) A city, village, town, or county may do any of the following:
AB143-ASA2,14,105(a) To the extent necessary to comply with assurances under
49 USC 47107,
6impose fees or charges under s. 114.14 (1) for the use of an airport by participating
7drivers engaged in transportation network services. Any such fees or charges shall
8be imposed on transportation network companies and may not exceed fees or charges
9imposed under s. 114.14 (1) for the use of an airport by taxicabs, limousines, shuttles,
10or other for-hire vehicles.
AB143-ASA2,14,1611
(b) Require a transportation network company to comply with a permit
12developed by an airport and issued to the transportation network company
13regarding the manner of operation on airport property by participating drivers
14engaged in transportation network services. A single permit under this paragraph
15shall be issued to each transportation network company and shall apply to all of the
16participating drivers for the company.
AB143-ASA2,14,19
17440.48 Insurance. (1) Driver requirements. (a) A participating driver, or
18a transportation network company on the driver's behalf, shall maintain primary
19automobile insurance that does all of the following:
AB143-ASA2,14,2120
1. Recognizes that the driver is a participating driver, or otherwise uses a motor
21vehicle to transport passengers for compensation.
AB143-ASA2,14,2222
2. Covers the participating driver at any of the following times:
AB143-ASA2,14,2423
a. While the driver is logged on to the transportation network company's digital
24network.
AB143-ASA2,14,2525
b. While the driver is engaged in transportation network services.
AB143-ASA2,15,4
1(b) The following automobile insurance requirements apply while a
2participating driver is logged on to the transportation network company's digital
3network and is available to receive transportation requests but is not engaged in
4transportation network services:
AB143-ASA2,15,75
1. The insurance is primary automobile liability insurance in the amount of at
6least $50,000 for death and bodily injury per person, $100,000 for death and bodily
7injury per incident, and $25,000 for property damage.
AB143-ASA2,15,98
2. The insurance provides primary uninsured motorist coverage in accordance
9with the requirements under s. 632.32 (4) (a) 1.
AB143-ASA2,15,1110
3. The coverage requirements under this paragraph may be satisfied by any of
11the following:
AB143-ASA2,15,1212
a. Automobile insurance maintained by the participating driver.
AB143-ASA2,15,1313
b. Automobile insurance maintained by the transportation network company.
AB143-ASA2,15,1414
c. Any combination of insurance specified in subd. 3. a. and b.
AB143-ASA2,15,1615
(c) The following automobile insurance requirements apply while a
16participating driver is engaged in transportation network services:
AB143-ASA2,15,1817
1. The insurance is primary automobile liability insurance in the amount of at
18least $1,000,000 for death, bodily injury, and property damage.
AB143-ASA2,15,2019
2. The insurance provides primary uninsured motorist coverage in accordance
20with the requirements under s. 632.32 (4) (a) 1.
AB143-ASA2,15,2221
3. The coverage requirements under this paragraph may be satisfied by any of
22the following:
AB143-ASA2,15,2323
a. Automobile insurance maintained by the participating driver.
AB143-ASA2,15,2424
b. Automobile insurance maintained by the transportation network company.
AB143-ASA2,15,2525
c. Any combination of insurance specified in subd. 3. a. and b.
AB143-ASA2,16,5
1(d) If insurance maintained by the participating driver under par. (b) or (c) has
2lapsed or does not provide the required coverage, insurance maintained by a
3transportation network company shall provide the coverage required under this
4subsection beginning with the first dollar of a claim and have the duty to defend the
5claim.
AB143-ASA2,16,96
(e) Coverage under an automobile insurance policy maintained by the
7transportation network company shall not be dependent on a personal automobile
8insurer first denying a claim nor shall a personal automobile insurance policy be
9required to first deny a claim.
AB143-ASA2,16,1110
(f) Insurance required under this subsection may be placed with an insurer
11authorized to do business in this state or with a surplus lines insurer.
AB143-ASA2,16,1312
(g) Insurance satisfying the requirements of this subsection shall be deemed
13to satisfy the financial responsibility requirement for a motor vehicle under ch. 344.
AB143-ASA2,16,2314
(h) A participating driver shall carry proof of coverage satisfying pars. (b) and
15(c) with him or her at all times during his or her use of a vehicle in connection with
16a transportation network company's digital network. In the event of an accident, a
17participating driver shall provide this insurance coverage information to the directly
18interested parties, automobile insurers, and investigating police officers, upon
19request in accordance with s. 344.62. Upon request, a participating driver shall also
20disclose to directly interested parties, automobile insurers, and investigating police
21officers whether he or she was logged on to the transportation network company's
22digital network or engaged in transportation network services at the time of the
23accident.
AB143-ASA2,17,2
24(2) Disclosures required regarding insurance coverage. A transportation
25network company shall disclose in writing to participating drivers all of the following
1before they are allowed to accept a request for transportation network services on the
2transportation network company's digital network:
AB143-ASA2,17,63
(a) The insurance coverage, including the types of coverage and the limits for
4each coverage, that the transportation network company provides while the
5participating driver uses a personal vehicle in connection with a transportation
6network company's digital network.
AB143-ASA2,17,107
(b) That the participating driver's own automobile insurance policy might not
8provide any coverage while the participating driver is logged on to the transportation
9network company's digital network and is available to receive transportation
10requests or is engaged in transportation network services depending on its terms.
AB143-ASA2,17,17
11(3) Insurer provisions. (a) Notwithstanding any coverage requirements under
12s. 632.32, an insurer that writes automobile insurance in this state may exclude any
13and all coverage afforded under a policy owner's insurance policy for any loss or
14injury that occurs while a participating driver is logged on to a transportation
15network company's digital network or is engaged in transportation network services.
16This right to exclude all coverage may apply to any coverage included in a motor
17vehicle insurance policy, including all of the following:
AB143-ASA2,17,1818
1. Liability coverage for bodily injury and property damage.
AB143-ASA2,17,1919
2. Uninsured and underinsured motorist coverage.
AB143-ASA2,17,2020
3. Medical payments coverage.
AB143-ASA2,17,2121
4. Comprehensive physical damage coverage.
AB143-ASA2,17,2222
5. Collision physical damage coverage.
AB143-ASA2,18,323
(b) 1. Exclusions under par. (a) shall apply notwithstanding any requirement
24under ch. 344. Nothing in this subsection implies or requires that a personal
25automobile insurance policy provide coverage while the driver is logged on to the
1transportation network company's digital network, while the driver is engaged in
2transportation network services, or while the driver otherwise uses a vehicle to
3transport passengers for compensation.
AB143-ASA2,18,64
2. Nothing shall be deemed to preclude an insurer from providing coverage for
5the participating driver's vehicle, if the insurer so chooses to do so by contract or
6endorsement.
AB143-ASA2,18,127
(c) 1. Automobile insurers that exclude coverage as permitted in this subsection
8shall have no duty to defend or indemnify any claim expressly excluded. Nothing in
9this section shall be deemed to invalidate or limit an exclusion contained in a policy,
10including any policy in use, or approved for use, in this state before the effective date
11of this subdivision .... [LRB inserts date], that excludes coverage for vehicles used to
12carry persons or property for a charge or available for hire by the public.
AB143-ASA2,18,1713
2. An automobile insurer that defends or indemnifies a claim against a
14participating driver that is excluded under the terms of its policy as permitted in this
15subsection shall have a right of contribution against other insurers that provide
16automobile insurance to the same driver in satisfaction of the coverage requirements
17of sub. (1) at the time of loss.
AB143-ASA2,19,218
(d) In a claims coverage investigation, transportation network companies and
19any insurer potentially providing coverage under sub. (1) shall cooperate to facilitate
20the exchange of relevant information with directly involved parties and any insurer
21of the participating driver if applicable, including the precise times that a
22participating driver logged on and off the transportation network company's digital
23network in the 12-hour period immediately preceding, and in the 12-hour period
24immediately following, the accident, and disclose to one another a clear description
1of the coverage, exclusions, and limits provided under any automobile insurance
2maintained under sub (1).
AB143-ASA2,19,8
3440.49 Disciplinary proceedings and actions. (1) Investigations and
4hearings. Subject to the rules promulgated under s. 440.03 (1), the department may
5conduct investigations and hold hearings to determine whether a violation of this
6subchapter or any rule promulgated under this subchapter or a violation of any other
7law that substantially relates to the operation of a transportation network company
8or to transportation network services has occurred.
AB143-ASA2,19,12
9(2) Discipline. Subject to the rules promulgated under s. 440.03 (1), the
10department may reprimand a licensed company or deny, limit, suspend, or revoke a
11license granted under s. 440.415 if the department finds that an applicant for
12licensure or a licensed company has done any of the following:
AB143-ASA2,19,1413
(a) Intentionally made a material misstatement in an application for a license
14or license renewal.
AB143-ASA2,19,1515
(b) Advertised in a manner that is false or misleading.
AB143-ASA2,19,1616
(c) Obtained or attempted to obtain compensation through fraud or deceit.
AB143-ASA2,19,1917
(d) Violated this subchapter or any rule promulgated under this subchapter or
18violated any other law that substantially relates to the operation of a transportation
19network company or to transportation network services.
AB143-ASA2,19,2220
(e) Failed to cooperate with the department, or failed to timely respond to a
21request for information by the department, in connection with an investigation
22under this section.
AB143-ASA2,19,24
23440.495 Penalties. Any person who violates this subchapter or any rule
24promulgated under this subchapter may be fined not more than $1,000.
AB143-ASA2,20,10
1(1)
Emergency rules. The department of safety and professional services may
2promulgate emergency rules under section 227.24 of the statutes implementing
3subchapter IV of chapter 440 of the statutes, as created by this act. Notwithstanding
4section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this
5subsection remain in effect until June 30, 2017, or the date on which permanent rules
6take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the
7statutes, the department is not required to provide evidence that promulgating a rule
8under this subsection as an emergency rule is necessary for the preservation of the
9public peace, health, safety, or welfare and is not required to provide a finding of
10emergency for a rule promulgated under this subsection.
AB143-ASA2,7
11Section
7.
Effective dates. This act takes effect on the day after publication,
12except as follows:
AB143-ASA2,20,1413
(1)
Licensure requirement. The treatment of section 440.41 of the statutes
14takes effect on the first day of the 4th month beginning after publication.
AB143-ASA2,20,1715
(2)
Driver insurance requirements. The treatment of section 440.48 (1) of the
16statutes takes effect on July 1, 2015, or on the day after publication, whichever is
17later.