Amendment ASA2-AB143

AB143-ASA2,5,18 440.425 Fare disclosures. Each licensed company shall do all of the following:

AB143-ASA2,5,19 (1) Disclose its fare calculation method on its Internet site.

AB143-ASA2,5,21 (2) Inform each prospective passenger or the prospective passenger's authorized representative of all applicable fare rates.

AB143-ASA2,5,24 (3) Give each prospective passenger or the prospective passenger's authorized representative the option to receive an estimated fare before the passenger enters a participating driver's personal vehicle for transportation network services.

AB143-ASA2,6,3 440.427 Establishment of base rate; ban on surge pricing. (1) Each licensed company shall establish a base fare rate for each geographic region within this state in which the licensed company operates.

AB143-ASA2,6,5 (2) A licensed company may not establish a base fare rate under sub. (1) more than once every 3 months.

AB143-ASA2,6,7 (3) A licensed company may not at any time charge a passenger a fare rate that exceeds the base fare rate established under sub. (1).

AB143-ASA2,6,13 440.43 Identification of participating drivers. Each licensed company shall make available to each prospective passenger or the prospective passenger's authorized representative, on the licensed company's digital network, a photograph of the participating driver and the license plate number of the participating driver's personal vehicle before the passenger enters the participating driver's personal vehicle for transportation network services.

AB143-ASA2,6,17 440.435 Electronic receipt. Within a reasonable time after transportation network services have been provided, the licensed company facilitating the services shall transmit an electronic receipt for the services to the passenger or the passenger's authorized representative that contains all of the following:

AB143-ASA2,6,18 (1) The origin and destination of the trip.

AB143-ASA2,6,19 (2) The total time and distance of the trip.

AB143-ASA2,6,20 (3) An itemization of the total fare paid, if any.

AB143-ASA2,7,2 440.44 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-ASA2,7,5 (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-ASA2,7,9 (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-ASA2,7,13 (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-ASA2,7,17 440.445 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-ASA2,7,19 (a) Require the individual to submit an application to the licensed company that includes at least all of the following:

AB143-ASA2,7,20 1. The individual's name, address, and age.

AB143-ASA2,7,21 2. A copy of the individual's driver's license.

AB143-ASA2,7,22 3. The individual's driving history.

AB143-ASA2,7,24 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-ASA2,8,3 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-ASA2,8,5 (b) Biennially, conduct, or have a 3rd party conduct, a local and national criminal background check for the individual that includes all of the following:

AB143-ASA2,8,7 1. A multistate and multijurisdictional criminal records locator or other similar commercial nationwide database with validation.

AB143-ASA2,8,8 2. A national sex offender registry database.

AB143-ASA2,8,10 (c) Biennially, obtain and review a driving history research report for the individual.

AB143-ASA2,8,14 (d) Notwithstanding s. 440.455 (2), each licensed company shall maintain at all times and make available for inspection by the department all records of each criminal background check conducted under par. (b) and each driving history research report obtained and reviewed under par. (c).

AB143-ASA2,8,17 (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-ASA2,8,21 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-ASA2,9,2 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-ASA2,9,4 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-ASA2,9,5 4. An individual who does not possess a valid driver's license.

AB143-ASA2,9,8 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-ASA2,9,11 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-ASA2,9,12 7. An individual who is not at least 19 years of age.

AB143-ASA2,9,16 (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-ASA2,9,20 (3) Vehicle safety and emissions. (a) 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-ASA2,9,24 (b) Each licensed company shall ensure that each motor vehicle a participating driver uses to engage in transportation network services undergoes a 19-point inspection by a mechanic approved by the department prior to first being used for transportation network services and at least annually after that. That inspection shall certify in writing that the following items are mechanically sound and fit for driving:

AB143-ASA2,10,4 1. Foot brakes. At 20 miles per hour, each personal vehicle shall be capable of stopping within 25 feet.

AB143-ASA2,10,5 2. Emergency brakes.

AB143-ASA2,10,6 3. Steering mechanism.

AB143-ASA2,10,7 4. Windshield, which shall have no cracks or chips larger than one inch.

AB143-ASA2,10,9 5. Rear window and other glass, which shall have no cracks or chips larger than one inch.

AB143-ASA2,10,10 6. Windshield wipers.

AB143-ASA2,10,11 7. Headlights.

AB143-ASA2,10,12 8. Tail lights.

AB143-ASA2,10,13 9. Turn indicator lights.

AB143-ASA2,10,14 10. Stop lights.

AB143-ASA2,10,15 11. Front seat adjustment mechanism.

AB143-ASA2,10,16 12. Doors, including the opening, closing, and locking mechanisms.

AB143-ASA2,10,17 13. Horn.

AB143-ASA2,10,18 14. Speedometer.

AB143-ASA2,10,19 15. Bumpers.

AB143-ASA2,10,20 16. Muffler and exhaust system.

AB143-ASA2,10,21 17. Condition of tires, including tread depth.

AB143-ASA2,10,22 18. Interior and exterior rear view mirrors.

AB143-ASA2,10,23 19. Safety belts and air bags for the driver and passengers.

AB143-ASA2,11,3 (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-ASA2,11,5 (5) No cash trips. (a) A participating driver may not solicit or accept any cash payment to engage in transportation network services.

AB143-ASA2,11,7 (b) All passenger payments for transportation network services shall be made electronically using the transportation network company's digital network.

AB143-ASA2,11,17 (6) Hotline. Each licensed company shall 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. Each participating driver shall prominently display that number in the participating driver's personal vehicle at all times the participating driver is engaged in transportation network services. The licensed company shall make the number available upon request, on its digital network, and on all electronic receipts for transportation network services transmitted to passengers.

AB143-ASA2,11,23 440.45 Nondiscrimination; accessibility. (1) Nondiscrimination policy. Each licensed company shall adopt a policy of nondiscrimination on the basis of trip origin or 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-ASA2,12,2 (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-ASA2,12,4 (3) Each participating driver shall permit service animals to accompany passengers in connection with transportation network services.

AB143-ASA2,12,7 (4) A licensed company may not impose additional charges for providing transportation network services to persons with disabilities because of those disabilities.

AB143-ASA2,12,13 (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-ASA2,12,15 (6) Annually, each licensed company shall submit a report to the department and the division of equal rights that includes all of the following:

AB143-ASA2,12,18 (a) The total number of passenger trips that were provided by participating drivers for the licensed company in each zip code within this state, based on the point of origin for each trip.

AB143-ASA2,12,22 (b) The total number of requests for transportation that did not result in transportation network services in each zip code within this state, based on the requested point of origin for the transportation, and an explanation of the reasons each request for transportation did not result in transportation network services.

AB143-ASA2,12,25 (c) The total number of passenger trips that were provided by participating drivers for the licensed company in each zip code within this state, based on the destination point for each trip.

AB143-ASA2,13,4 (d) The total number of requests for transportation that did not result in transportation network services in each zip code within this state, based on the requested destination point for the transportation, and an explanation of the reasons each request for transportation did not result in transportation network services.

AB143-ASA2,13,5 440.455 Records. Each licensed company shall do all of the following:

AB143-ASA2,13,7 (1) Maintain passenger trip records for at least one year from the date of each trip.

AB143-ASA2,13,10 (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-ASA2,13,13 440.46 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-ASA2,13,14 (1) The passenger or prospective passenger consents to the disclosure.

AB143-ASA2,13,15 (2) The disclosure is required by law.

AB143-ASA2,13,18 (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-ASA2,13,21 (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-ASA2,13,25 440.465 Limitations on other regulation. (1) 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-ASA2,14,3 (2) 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-ASA2,14,4 (3) A city, village, town, or county may do any of the following:

AB143-ASA2,14,10 (a) To the extent necessary to comply with assurances under 49 USC 47107, impose fees or charges under s. 114.14 (1) for the use of an airport by participating drivers engaged in transportation network services. Any such fees or charges shall be imposed on transportation network companies and may not exceed fees or charges imposed under s. 114.14 (1) for the use of an airport by taxicabs, limousines, shuttles, or other for-hire vehicles.

AB143-ASA2,14,16 (b) Require a transportation network company to comply with a permit developed by an airport and issued to the transportation network company regarding the manner of operation on airport property by participating drivers engaged in transportation network services. A single permit under this paragraph shall be issued to each transportation network company and shall apply to all of the participating drivers for the company.

AB143-ASA2,14,19 440.48 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-ASA2,14,21 1. Recognizes that the driver is a participating driver, or otherwise uses a motor vehicle to transport passengers for compensation.

AB143-ASA2,14,22 2. Covers the participating driver at any of the following times:

AB143-ASA2,14,24 a. While the driver is logged on to the transportation network company's digital network.