Amendment ASA1-AB143

AB143-ASA1,6,19 440.44 Zero tolerance for use of drugs or alcohol. (1) Policy. Each licensed company shall develop, implement, and make available on its Internet site a policy prohibiting any participating driver from using alcohol, or any other intoxicant that may render the participating driver incapable of safely driving, while the participating driver is engaged in transportation network services for the licensed company or is logged on to the licensed company's digital network.

AB143-ASA1,6,22 (2) Complaints. (a) Each licensed company shall develop, implement, and make available on its Internet site, complaint procedures for reports of suspected violations of the policy under sub. (1).

AB143-ASA1,7,2 (b) Upon receipt of a complaint concerning a violation of a licensed company's policy under sub. (1), the licensed company shall immediately suspend the participating driver and investigate the complaint. The suspension shall continue until the complaint is resolved.

AB143-ASA1,7,6 (c) Each licensed company shall maintain all records of each investigation under par. (b), including the results of that investigation and any action taken based on that investigation, for at least 2 years after the date the complaint was received by the licensed company.

AB143-ASA1,7,10 440.445 Certain requirements for participating drivers and their personal vehicles. (1) Application. Before a licensed company allows an individual to be a participating driver for the licensed company, the licensed company shall do all of the following:

AB143-ASA1,7,12 (a) Require the individual to submit an application to the licensed company that includes at least all of the following:

AB143-ASA1,7,13 1. The individual's name, address, and age.

AB143-ASA1,7,14 2. A copy of the individual's driver's license.

AB143-ASA1,7,15 3. The individual's driving history.

AB143-ASA1,7,17 4. Proof of motor vehicle registration for each personal vehicle the individual will use to engage in transportation network services through the licensed company.

AB143-ASA1,7,20 5. A copy of the individual's automobile liability insurance policy for each personal vehicle the individual will use to provide transportation network services through the licensed company.

AB143-ASA1,7,22 (b) Conduct, or have a 3rd party conduct, a local and national criminal background check for the individual that includes all of the following:

AB143-ASA1,7,24 1. A multistate and multijurisdictional criminal records locator or other similar commercial nationwide database with validation.

AB143-ASA1,7,25 2. A national sex offender registry database.

AB143-ASA1,8,1 (c) Obtain and review a driving history research report for the individual.

AB143-ASA1,8,4 (2) Who may not be a participating driver. (a) A licensed company may not allow any of the following individuals to be a participating driver for the licensed company:

AB143-ASA1,8,8 1. An individual who has had more than 3 moving violations, as defined in s. 343.01 (2) (cg), in the past 3 years, or one major violation in the past 3 years, including fleeing or attempting to elude an officer under s. 346.04 (3), reckless driving under s. 346.62, or driving with a suspended or revoked license under s. 343.44 (1) (a) or (b).

AB143-ASA1,8,13 2. An individual who has been convicted in the last 7 years of driving under the influence of an intoxicant or other drug in violation of s. 346.63, of a sex offense, as defined in s. 301.45 (1d) (b), or of any crime involving fraud, theft, damage to property, violence, acts of terror, or the use of a motor vehicle in the commission of a felony.

AB143-ASA1,8,15 3. An individual whose information is contained in the sex offender registry under s. 301.45 or on the National Sex Offender Public Website.

AB143-ASA1,8,16 4. An individual who does not possess a valid driver's license.

AB143-ASA1,8,19 5. An individual who does not possess proof of motor vehicle registration for each personal vehicle the individual intends to use to engage in transportation network services.

AB143-ASA1,8,22 6. An individual who does not possess proof of automobile liability insurance for each personal vehicle the individual intends to use to engage in transportation network services.

AB143-ASA1,8,23 7. An individual who is not at least 19 years of age.

AB143-ASA1,9,2 (b) A participating driver who is convicted of any moving violation or of any felony or misdemeanor anywhere shall immediately notify the licensed company for which the participating driver engages in transportation network services of the conviction.

AB143-ASA1,9,6 (3) Vehicle safety and emissions. Each licensed company shall ensure that each motor vehicle a participating driver uses to provide transportation network services for the licensed company is a personal vehicle that satisfies all state vehicle safety and emissions standards for private motor vehicles.

AB143-ASA1,9,9 (4) No street hails. A participating driver may not solicit or accept street hails or otherwise provide rides for compensation that are not prearranged through a transportation network company on the company's digital network.

AB143-ASA1,9,11 (5) No cash trips. (a) A participating driver may not solicit or accept any cash payment to engage in transportation network services.

AB143-ASA1,9,13 (b) All passenger payments for transportation network services shall be made electronically using the transportation network company's digital network.

AB143-ASA1,9,19 440.45 Nondiscrimination; accessibility. (1) Nondiscrimination policy. Each licensed company shall adopt a policy of nondiscrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity with respect to passengers and prospective passengers and notify all of its participating drivers of the nondiscrimination policy.

AB143-ASA1,9,23 (2) A participating driver may not discriminate against any passenger or prospective passenger on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity.

AB143-ASA1,9,25 (3) Each participating driver shall permit service animals to accompany passengers in connection with transportation network services.

AB143-ASA1,10,3 (4) A licensed company may not impose additional charges for providing transportation network services to persons with disabilities because of those disabilities.

AB143-ASA1,10,9 (5) Each licensed company shall provide each prospective passenger an opportunity to indicate whether the passenger requires a wheelchair-accessible vehicle. If a licensed company cannot arrange wheelchair-accessible transportation network services for a prospective passenger who requires wheelchair-accessible services, the licensed company shall refer the prospective passenger to an alternate provider of wheelchair-accessible transportation, if available.

AB143-ASA1,10,10 440.455 Records. Each licensed company shall do all of the following:

AB143-ASA1,10,12 (1) Maintain passenger trip records for at least one year from the date of each trip.

AB143-ASA1,10,15 (2) Maintain all records concerning each participating driver for at least one year after the date on which the participating driver ceases to engage in transportation network services for the licensed company.

AB143-ASA1,10,18 440.46 Personally identifiable information. A licensed company may not disclose a passenger's or prospective passenger's personally identifiable information to any other person, unless any of the following is true:

AB143-ASA1,10,19 (1) The passenger or prospective passenger consents to the disclosure.

AB143-ASA1,10,20 (2) The disclosure is required by law.

AB143-ASA1,10,23 (3) The disclosure is necessary to protect or defend the terms of use of the licensed company's transportation network services or to investigate a violation of those terms.

AB143-ASA1,11,3 (4) The disclosure is to the participating driver, is limited to the passenger's name and telephone number, and is for the sole purpose of facilitating the participating driver's transportation network services for that passenger.

AB143-ASA1,11,10 440.465 Limitations on local and other regulation. (1) Section 349.24 does not apply to a transportation network company or to a participating driver engaged in transportation network services or the participating driver's personal vehicle used for those services. Except as provided under sub. (1m), no city, village, town, or county may enact or enforce an ordinance or adopt or enforce a resolution that regulates a transportation network company or its participating drivers and their personal vehicles in connection with transportation network services.

AB143-ASA1,11,13 (1m) Any city, village, or town may enact an ordinance or adopt a resolution that does one or more of the following with respect to all licensed companies and participating drivers that operate within the boundaries of the city, village, or town:

AB143-ASA1,11,17 (a) Require that a participating driver submit to the city, village, or town, on an annual basis, evidence that the participating driver's personal vehicle has passed an inspection by an approved mechanic certifying that the following items are mechanically sound and fit for driving:

AB143-ASA1,11,19 1. Foot brakes. At 20 miles per hour, each personal vehicle shall be capable of stopping within 25 feet.

AB143-ASA1,11,20 2. Emergency brakes.

AB143-ASA1,11,21 3. Steering mechanism.

AB143-ASA1,11,22 4. Windshield, which shall have no cracks or chips larger than one inch.

AB143-ASA1,11,24 5. Rear window and other glass, which shall have no cracks or chips larger than one inch.

AB143-ASA1,11,25 6. Windshield wipers.

AB143-ASA1,12,1 7. Headlights.

AB143-ASA1,12,2 8. Tail lights.

AB143-ASA1,12,3 9. Turn indicator lights.

AB143-ASA1,12,4 10. Stop lights.

AB143-ASA1,12,5 11. Front seat adjustment mechanism.

AB143-ASA1,12,6 12. Doors, including the opening, closing, and locking mechanisms.

AB143-ASA1,12,7 13. Horn.

AB143-ASA1,12,8 14. Speedometer.

AB143-ASA1,12,9 15. Bumpers.

AB143-ASA1,12,10 16. Muffler and exhaust system.

AB143-ASA1,12,11 17. Condition of tires, including tread depth.

AB143-ASA1,12,12 18. Interior and exterior rear view mirrors.

AB143-ASA1,12,13 19. Safety belts and air bags for the driver and passengers.

AB143-ASA1,12,22 (b) Require that each licensed company maintain a toll-free telephone number staffed 24 hours a day for passengers to make complaints concerning the conduct of participating drivers, report lost or stolen items, and ask questions concerning the licensed company and the transportation network services its participating drivers provide; ensure that each participating driver prominently display that number in the participating driver's personal vehicle at all times the participating driver is engaged in transportation network services; and make the number available upon request, on the licensed company's digital network and on all electronic receipts for transportation network services transmitted to passengers.

AB143-ASA1,12,25 (c) Require that a licensed company conduct a criminal background check, and obtain and review a driving history report, for each participating driver on an annual basis.

AB143-ASA1,13,3 (d) Require a license and licensing fee in addition to a license or fee required under this subchapter, except that a licensing fee charged under this paragraph may not exceed $65 per personal vehicle used for transportation network services.

AB143-ASA1,13,6 (2) The requirements under chs. 340 to 349 applicable specifically to commercial vehicles or for-hire vehicles do not apply to personal vehicles used by participating drivers engaged in transportation network services.

AB143-ASA1,13,9 (3) The requirements under ss. 342.06 (1) (h) and (3), 342.10 (3) (a), and 342.33 do not apply to personal vehicles used by participating drivers engaged in transportation network services.

AB143-ASA1,13,12 440.48 Insurance. (1) Driver requirements. (a) A participating driver, or a transportation network company on the driver's behalf, shall maintain primary automobile insurance that does all of the following:

AB143-ASA1,13,14 1. Recognizes that the driver is a participating driver, or otherwise uses a motor vehicle to transport passengers for compensation.

AB143-ASA1,13,15 2. Covers the participating driver at any of the following times:

AB143-ASA1,13,17 a. While the driver is logged on to the transportation network company's digital network.

AB143-ASA1,13,18 b. While the driver is engaged in transportation network services.

AB143-ASA1,13,22 (b) The following automobile insurance requirements apply while a participating driver is logged on to the transportation network company's digital network and is available to receive transportation requests but is not engaged in transportation network services:

AB143-ASA1,13,25 1. The insurance is primary automobile liability insurance in the amount of at least $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per incident, and $25,000 for property damage.

AB143-ASA1,14,2 2. The insurance provides primary uninsured motorist coverage in accordance with the requirements under s. 632.32 (4) (a) 1.

AB143-ASA1,14,4 3. The coverage requirements under this paragraph may be satisfied by any of the following:

AB143-ASA1,14,5 a. Automobile insurance maintained by the participating driver.

AB143-ASA1,14,6 b. Automobile insurance maintained by the transportation network company.

AB143-ASA1,14,7 c. Any combination of insurance specified in subd. 3. a. and b.

AB143-ASA1,14,9 (c) The following automobile insurance requirements apply while a participating driver is engaged in transportation network services:

AB143-ASA1,14,11 1. The insurance is primary automobile liability insurance in the amount of at least $1,000,000 for death, bodily injury, and property damage.

AB143-ASA1,14,13 2. The insurance provides primary uninsured motorist coverage in accordance with the requirements under s. 632.32 (4) (a) 1.

AB143-ASA1,14,15 3. The coverage requirements under this paragraph may be satisfied by any of the following:

AB143-ASA1,14,16 a. Automobile insurance maintained by the participating driver.

AB143-ASA1,14,17 b. Automobile insurance maintained by the transportation network company.

AB143-ASA1,14,18 c. Any combination of insurance specified in subd. 3. a. and b.

AB143-ASA1,14,23 (d) If insurance maintained by the participating driver under par. (b) or (c) has lapsed or does not provide the required coverage, insurance maintained by a transportation network company shall provide the coverage required under this subsection beginning with the first dollar of a claim and have the duty to defend the claim.

AB143-ASA1,15,2 (e) Coverage under an automobile insurance policy maintained by the transportation network company shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim.