LRB-2551/1
KP:ahe
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.
SB182,1,6
1An Act to repeal 440.44 (1) (title) and 440.44 (2) (title);
to renumber 440.43 and
2440.44 (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)
4and 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
following:
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
driver's vehicle.
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:
SB182,1
1Section
1. 440.43 (title) of the statutes is amended to read:
SB182,2,3
2440.43 (title)
Identification of participating drivers; display of
3information in personal vehicles.
SB182,2
4Section
2. 440.43 of the statutes is renumbered 440.43 (1).
SB182,3
5Section
3. 440.43 (2) of the statutes is created to read:
SB182,2,86
440.43
(2) A participating driver shall prominently display all of the following
7in the participating driver's personal vehicle at all times while the participating
8driver is engaged in transportation network services:
SB182,2,99
(a) A copy of the participating driver's valid driver's license.
SB182,2,1110
(b) A copy of the licensed company's complaint procedures required under s.
11440.453.
SB182,4
12Section
4. 440.44 (1) (title) of the statutes is repealed.
SB182,5
13Section
5. 440.44 (1) of the statutes is renumbered 440.44.
SB182,6
1Section
6. 440.44 (2) (title) of the statutes is repealed.
SB182,7
2Section
7. 440.44 (2) (a) of the statutes is renumbered 440.453 (1) (intro.) and
3amended to read:
SB182,3,64
440.453
(1) (intro.) Each licensed company shall develop, implement, and
5make available on its Internet site, complaint procedures for
reports all of the
6following:
SB182,3,8
7(a) The report of
a suspected
violations violation by a participating driver of the
8policy under
sub. (1) s. 440.44.
SB182,8
9Section
8. 440.44 (2) (b) of the statutes is renumbered 440.453 (2) and
10amended to read:
SB182,3,1411
440.453
(2) Upon receipt of a complaint
concerning a violation of a licensed
12company's policy under sub. (1)
(a) to (c), the licensed company shall immediately
13suspend the participating driver and investigate the complaint. The suspension
14shall continue until the complaint is resolved.
SB182,9
15Section
9. 440.44 (2) (c) of the statutes is renumbered 440.453 (4) and
16amended to read:
SB182,3,2017
440.453
(4) Each licensed company shall maintain all records of each
18investigation under
par. (b) sub. (2), including the results of that investigation and
19any action taken based on that investigation, for at least 2 years after the date the
20complaint was received by the licensed company.
SB182,10
21Section
10. 440.445 (1) (b) (intro.) of the statutes is amended to read:
SB182,3,2422
440.445
(1) (b) (intro.)
Conduct, or have Have a 3rd party conduct
, a local and
23national criminal background check for the individual that includes all of the
24following:
SB182,11
25Section
11. 440.445 (3) of the statutes is amended to read:
SB182,4,5
1440.445
(3) Vehicle safety and emissions. Each licensed company shall ensure
2that each motor vehicle a participating driver uses to provide transportation
3network services for the licensed company is a personal vehicle that satisfies all state
4vehicle safety and emissions standards for private motor vehicles
and is not titled as
5a salvage vehicle.
SB182,12
6Section
12. 440.453 (title) of the statutes is created to read:
SB182,4,7
7440.453 (title)
Complaint procedures.
SB182,13
8Section
13. 440.453 (1) (b) of the statutes is created to read:
SB182,4,119
440.453
(1) (b) The report of a suspected violation by a participating driver of
10the policy under s. 440.45 (1) or of the prohibition against discrimination under s.
11440.45 (2).
SB182,14
12Section
14. 440.453 (1) (c) of the statutes is created to read:
SB182,4,1513
440.453
(1) (c) The report of a suspected sex offense or crime involving fraud,
14theft, damage to property, violence, an act of terror, or the use of a motor vehicle in
15the commission of a crime, committed by a participating driver.
SB182,15
16Section
15. 440.453 (3) of the statutes is created to read:
SB182,4,2217
440.453
(3) Upon receipt of a complaint under sub. (1) (a) to (c), the licensed
18company shall inform the department of the complaint and provide the department
19with a copy of the complaint if made in writing. Upon resolution of the complaint,
20the licensed company shall inform the department concerning how the complaint
21was resolved, including a description of any action taken by the licensed company
22based on its investigation under sub. (2).
SB182,16
23Section
16. 440.49 (3) of the statutes is amended to read:
SB182,5,224
440.49
(3) Forfeitures. In addition to or in lieu of a reprimand or other action
25under sub. (2), the department may assess against a licensed company, for the
1violations enumerated under sub. (2), a forfeiture of not more than
$1,000 $5,000 for
2each separate offense.
SB182,17
3Section
17. 440.495 of the statutes is amended to read:
SB182,5,5
4440.495 Penalties. Any person who violates this subchapter or any rule
5promulgated under this subchapter may be fined not more than
$1,000 $2,500.
SB182,18
6Section
18.
Initial applicability.
SB182,5,87
(1) The treatment of sections 440.49 (3) and 440.495 of the statutes first applies
8to a violation that occurs on the effective date of this subsection.