SB106,8,5 5(3) An itemization of the total fare paid, if any.
SB106,8,11 6440.44 Zero tolerance for use of drugs or alcohol. (1) Policy. Each
7licensed company shall develop, implement, and make available on its Internet site
8a policy prohibiting any participating driver from using alcohol, or any other
9intoxicant that may render the participating driver incapable of safely driving, while
10the participating driver is engaged in transportation network services for the
11licensed company or is logged on to the licensed company's digital network.
SB106,8,14 12(2) Complaints. (a) Each licensed company shall develop, implement, and
13make available on its Internet site, complaint procedures for reports of suspected
14violations of the policy under sub. (1).
SB106,8,1815 (b) Upon receipt of a complaint concerning a violation of a licensed company's
16policy under sub. (1), the licensed company shall immediately suspend the
17participating driver and investigate the complaint. The suspension shall continue
18until the complaint is resolved.
SB106,8,2219 (c) Each licensed company shall maintain all records of each investigation
20under par. (b), including the results of that investigation and any action taken based
21on that investigation, for at least 2 years after the date the complaint was received
22by the licensed company.
SB106,9,2 23440.445 Certain requirements for participating drivers and their
24personal vehicles.
(1) Application. Before a licensed company allows an

1individual to be a participating driver for the licensed company, the licensed
2company shall do all of the following:
SB106,9,43 (a) Require the individual to submit an application to the licensed company
4that includes at least all of the following:
SB106,9,55 1. The individual's name, address, and age.
SB106,9,66 2. A copy of the individual's driver's license.
SB106,9,77 3. The individual's driving history.
SB106,9,98 4. Proof of motor vehicle registration for each personal vehicle the individual
9will use to engage in transportation network services through the licensed company.
SB106,9,1210 5. A copy of the individual's automobile liability insurance policy for each
11personal vehicle the individual will use to provide transportation network services
12through the licensed company.
SB106,9,1413 (b) Conduct, or have a 3rd party conduct, a local and national criminal
14background check for the individual that includes all of the following:
SB106,9,1615 1. A multistate and multijurisdictional criminal records locator or other similar
16commercial nationwide database with validation.
SB106,9,1717 2. A national sex offender registry database.
SB106,9,1818 (c) Obtain and review a driving history research report for the individual.
SB106,9,21 19(2) Who may not be a participating driver. (a) A licensed company may not
20allow any of the following individuals to be a participating driver for the licensed
21company:
SB106,9,2522 1. An individual who has had more than 3 moving violations, as defined in s.
23343.01 (2) (cg), in the past 3 years, or one major violation in the past 3 years, including
24fleeing or attempting to elude an officer under s. 346.04 (3), reckless driving under
25s. 346.62, or driving with a suspended or revoked license under s. 343.44 (1) (a) or (b).
SB106,10,5
12. An individual who has been convicted in the last 7 years of driving under the
2influence of an intoxicant or other drug in violation of s. 346.63, of a sex offense, as
3defined in s. 301.45 (1d) (b), or of any crime involving fraud, theft, damage to
4property, violence, acts of terror, or the use of a motor vehicle in the commission of
5a felony.
SB106,10,76 3. An individual whose information is contained in the sex offender registry
7under s. 301.45 or on the National Sex Offender Public Website.
SB106,10,88 4. An individual who does not possess a valid driver's license.
SB106,10,119 5. An individual who does not possess proof of motor vehicle registration for
10each personal vehicle the individual intends to use to engage in transportation
11network services.
SB106,10,1412 6. An individual who does not possess proof of automobile liability insurance
13for each personal vehicle the individual intends to use to engage in transportation
14network services.
SB106,10,1515 7. An individual who is not at least 19 years of age.
SB106,10,1916 (b) A participating driver who is convicted of any moving violation or of any
17felony or misdemeanor anywhere shall immediately notify the licensed company for
18which the participating driver engages in transportation network services of the
19conviction.
SB106,10,23 20(3) Vehicle safety and emissions. Each licensed company shall ensure that
21each motor vehicle a participating driver uses to provide transportation network
22services for the licensed company is a personal vehicle that satisfies all state vehicle
23safety and emissions standards for private motor vehicles.
SB106,11,3
1(4) No street hails. A participating driver may not solicit or accept street hails
2or otherwise provide rides for compensation that are not prearranged through a
3transportation network company on the company's digital network.
SB106,11,5 4(5) No cash trips. (a) A participating driver may not solicit or accept any cash
5payment to engage in transportation network services.
SB106,11,76 (b) All passenger payments for transportation network services shall be made
7electronically using the transportation network company's digital network.
SB106,11,13 8440.45 Nondiscrimination; accessibility. (1) Nondiscrimination policy.
9Each licensed company shall adopt a policy of nondiscrimination on the basis of
10destination, race, color, national origin, religious belief or affiliation, sex, disability,
11age, sexual orientation, or gender identity with respect to passengers and
12prospective passengers and notify all of its participating drivers of the
13nondiscrimination policy.
SB106,11,17 14(2) A participating driver may not discriminate against any passenger or
15prospective passenger on the basis of destination, race, color, national origin,
16religious belief or affiliation, sex, disability, age, sexual orientation, or gender
17identity.
SB106,11,19 18(3) Each participating driver shall permit service animals to accompany
19passengers in connection with transportation network services.
SB106,11,22 20(4) A licensed company may not impose additional charges for providing
21transportation network services to persons with disabilities because of those
22disabilities.
SB106,12,3 23(5) Each licensed company shall provide each prospective passenger an
24opportunity to indicate whether the passenger requires a wheelchair-accessible
25vehicle. If a licensed company cannot arrange wheelchair-accessible transportation

1network services for a prospective passenger who requires wheelchair-accessible
2services, the licensed company shall refer the prospective passenger to an alternate
3provider of wheelchair-accessible transportation, if available.
SB106,12,4 4440.455 Records. Each licensed company shall do all of the following:
SB106,12,6 5(1) Maintain passenger trip records for at least one year from the date of each
6trip.
SB106,12,9 7(2) Maintain all records concerning each participating driver for at least one
8year after the date on which the participating driver ceases to engage in
9transportation network services for the licensed company.
SB106,12,12 10440.46 Personally identifiable information. A licensed company may not
11disclose a passenger's or prospective passenger's personally identifiable information
12to any other person, unless any of the following is true:
SB106,12,13 13(1) The passenger or prospective passenger consents to the disclosure.
SB106,12,14 14(2) The disclosure is required by law.
SB106,12,17 15(3) The disclosure is necessary to protect or defend the terms of use of the
16licensed company's transportation network services or to investigate a violation of
17those terms.
SB106,12,20 18(4) The disclosure is to the participating driver, is limited to the passenger's
19name and telephone number, and is for the sole purpose of facilitating the
20participating driver's transportation network services for that passenger.
SB106,13,2 21440.465 Limitations on local and other regulation. (1) Section 349.24
22does not apply to a transportation network company or to a participating driver
23engaged in transportation network services or the participating driver's personal
24vehicle used for those services. No city, village, town, or county may enact or enforce
25an ordinance or adopt or enforce a resolution that regulates a transportation network

1company or its participating drivers and their personal vehicles in connection with
2transportation network services.
SB106,13,5 3(2) The requirements under chs. 340 to 349 applicable specifically to
4commercial vehicles or for-hire vehicles do not apply to personal vehicles used by
5participating drivers engaged in transportation network services.
SB106,13,8 6(3) The requirements under ss. 342.06 (1) (h) and (3), 342.10 (3) (a), and 342.33
7do not apply to personal vehicles used by participating drivers engaged in
8transportation network services.
SB106,13,11 9440.48 Insurance. (1) Driver requirements. (a) A participating driver, or
10a transportation network company on the driver's behalf, shall maintain primary
11automobile insurance that does all of the following:
SB106,13,1312 1. Recognizes that the driver is a participating driver, or otherwise uses a motor
13vehicle to transport passengers for compensation.
SB106,13,1414 2. Covers the participating driver at any of the following times:
SB106,13,1615 a. While the driver is logged on to the transportation network company's digital
16network.
SB106,13,1717 b. While the driver is engaged in transportation network services.
SB106,13,2118 (b) The following automobile insurance requirements apply while a
19participating driver is logged on to the transportation network company's digital
20network and is available to receive transportation requests but is not engaged in
21transportation network services:
SB106,13,2422 1. The insurance is primary automobile liability insurance in the amount of at
23least $50,000 for death and bodily injury per person, $100,000 for death and bodily
24injury per incident, and $25,000 for property damage.
SB106,14,2
12. The insurance provides primary uninsured motorist coverage in accordance
2with the requirements under s. 632.32 (4) (a) 1.
SB106,14,43 3. The coverage requirements under this paragraph may be satisfied by any of
4the following:
SB106,14,55 a. Automobile insurance maintained by the participating driver.
SB106,14,66 b. Automobile insurance maintained by the transportation network company.
SB106,14,77 c. Any combination of insurance specified in subd. 3. a. and b.
SB106,14,98 (c) The following automobile insurance requirements apply while a
9participating driver is engaged in transportation network services:
SB106,14,1110 1. The insurance is primary automobile liability insurance in the amount of at
11least $1,000,000 for death, bodily injury, and property damage.
SB106,14,1312 2. The insurance provides primary uninsured motorist coverage in accordance
13with the requirements under s. 632.32 (4) (a) 1.
SB106,14,1514 3. The coverage requirements under this paragraph may be satisfied by any of
15the following:
SB106,14,1616 a. Automobile insurance maintained by the participating driver.
SB106,14,1717 b. Automobile insurance maintained by the transportation network company.
SB106,14,1818 c. Any combination of insurance specified in subd. 3. a. and b.
SB106,14,2319 (d) If insurance maintained by the participating driver under par. (b) or (c) has
20lapsed or does not provide the required coverage, insurance maintained by a
21transportation network company shall provide the coverage required under this
22subsection beginning with the first dollar of a claim and have the duty to defend the
23claim.
SB106,15,224 (e) Coverage under an automobile insurance policy maintained by the
25transportation network company shall not be dependent on a personal automobile

1insurer first denying a claim nor shall a personal automobile insurance policy be
2required to first deny a claim.
SB106,15,43 (f) Insurance required under this subsection may be placed with an insurer
4authorized to do business in this state or with a surplus lines insurer.
SB106,15,65 (g) Insurance satisfying the requirements of this subsection shall be deemed
6to satisfy the financial responsibility requirement for a motor vehicle under ch. 344.
SB106,15,167 (h) A participating driver shall carry proof of coverage satisfying pars. (b) and
8(c) with him or her at all times during his or her use of a vehicle in connection with
9a transportation network company's digital network. In the event of an accident, a
10participating driver shall provide this insurance coverage information to the directly
11interested parties, automobile insurers, and investigating police officers, upon
12request in accordance with s. 344.62. Upon request, a participating driver shall also
13disclose to directly interested parties, automobile insurers, and investigating police
14officers whether he or she was logged on to the transportation network company's
15digital network or engaged in transportation network services at the time of the
16accident.
SB106,15,20 17(2) Disclosures required regarding insurance coverage. A transportation
18network company shall disclose in writing to participating drivers all of the following
19before they are allowed to accept a request for transportation network services on the
20transportation network company's digital network:
SB106,15,2421 (a) The insurance coverage, including the types of coverage and the limits for
22each coverage, that the transportation network company provides while the
23participating driver uses a personal vehicle in connection with a transportation
24network company's digital network.
SB106,16,4
1(b) That the participating driver's own automobile insurance policy might not
2provide any coverage while the participating driver is logged on to the transportation
3network company's digital network and is available to receive transportation
4requests or is engaged in transportation network services depending on its terms.
SB106,16,11 5(3) Insurer provisions. (a) Notwithstanding any coverage requirements under
6s. 632.32, an insurer that writes automobile insurance in this state may exclude any
7and all coverage afforded under a policy owner's insurance policy for any loss or
8injury that occurs while a participating driver is logged on to a transportation
9network company's digital network or is engaged in transportation network services.
10This right to exclude all coverage may apply to any coverage included in a motor
11vehicle insurance policy, including all of the following:
SB106,16,1212 1. Liability coverage for bodily injury and property damage.
SB106,16,1313 2. Uninsured and underinsured motorist coverage.
SB106,16,1414 3. Medical payments coverage.
SB106,16,1515 4. Comprehensive physical damage coverage.
SB106,16,1616 5. Collision physical damage coverage.
SB106,16,2217 (b) 1. Exclusions under par. (a) shall apply notwithstanding any requirement
18under ch. 344. Nothing in this subsection implies or requires that a personal
19automobile insurance policy provide coverage while the driver is logged on to the
20transportation network company's digital network, while the driver is engaged in
21transportation network services, or while the driver otherwise uses a vehicle to
22transport passengers for compensation.
SB106,16,2523 2. Nothing shall be deemed to preclude an insurer from providing coverage for
24the participating driver's vehicle, if the insurer so chooses to do so by contract or
25endorsement.
SB106,17,6
1(c) 1. Automobile insurers that exclude coverage as permitted in this subsection
2shall have no duty to defend or indemnify any claim expressly excluded. Nothing in
3this section shall be deemed to invalidate or limit an exclusion contained in a policy,
4including any policy in use, or approved for use, in this state before the effective date
5of this subdivision .... [LRB inserts date], that excludes coverage for vehicles used to
6carry persons or property for a charge or available for hire by the public.
SB106,17,117 2. An automobile insurer that defends or indemnifies a claim against a
8participating driver that is excluded under the terms of its policy as permitted in this
9subsection shall have a right of contribution against other insurers that provide
10automobile insurance to the same driver in satisfaction of the coverage requirements
11of sub. (1) at the time of loss.
SB106,17,2012 (d) In a claims coverage investigation, transportation network companies and
13any insurer potentially providing coverage under sub. (1) shall cooperate to facilitate
14the exchange of relevant information with directly involved parties and any insurer
15of the participating driver if applicable, including the precise times that a
16participating driver logged on and off the transportation network company's digital
17network in the 12-hour period immediately preceding, and in the 12-hour period
18immediately following, the accident, and disclose to one another a clear description
19of the coverage, exclusions, and limits provided under any automobile insurance
20maintained under sub (1).
SB106,18,2 21440.49 Disciplinary proceedings and actions. (1) Investigations and
22hearings.
Subject to the rules promulgated under s. 440.03 (1), the department may
23conduct investigations and hold hearings to determine whether a violation of this
24subchapter or any rule promulgated under this subchapter or a violation of any other

1law that substantially relates to the operation of a transportation network company
2or to transportation network services has occurred.
SB106,18,6 3(2) Discipline. Subject to the rules promulgated under s. 440.03 (1), the
4department may reprimand a licensed company or deny, limit, suspend, or revoke a
5license granted under s. 440.415 if the department finds that an applicant for
6licensure or a licensed company has done any of the following:
SB106,18,87 (a) Intentionally made a material misstatement in an application for a license
8or license renewal.
SB106,18,99 (b) Advertised in a manner that is false or misleading.
SB106,18,1010 (c) Obtained or attempted to obtain compensation through fraud or deceit.
SB106,18,1311 (d) Violated this subchapter or any rule promulgated under this subchapter or
12violated any other law that substantially relates to the operation of a transportation
13network company or to transportation network services.
Loading...
Loading...