440.48(1)(d)
(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.
440.48(1)(e)
(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.
440.48(1)(f)
(f) Insurance required under this subsection may be placed with an insurer authorized to do business in this state or with a surplus lines insurer.
440.48(1)(g)
(g) Insurance satisfying the requirements of this subsection shall be deemed to satisfy the financial responsibility requirement for a motor vehicle under
ch. 344.
440.48(1)(h)
(h) A participating driver shall carry proof of coverage satisfying
pars. (b) and
(c) with him or her at all times during his or her use of a vehicle in connection with a transportation network company's digital network. In the event of an accident, a participating driver shall provide this insurance coverage information to the directly interested parties, automobile insurers, and investigating police officers, upon request in accordance with
s. 344.62. Upon request, a participating driver shall also disclose to directly interested parties, automobile insurers, and investigating police officers whether he or she was logged on to the transportation network company's digital network or engaged in transportation network services at the time of the accident.
440.48(2)
(2) Disclosures required regarding insurance coverage. A transportation network company shall disclose in writing to participating drivers all of the following before they are allowed to accept a request for transportation network services on the transportation network company's digital network:
440.48(2)(a)
(a) The insurance coverage, including the types of coverage and the limits for each coverage, that the transportation network company provides while the participating driver uses a personal vehicle in connection with a transportation network company's digital network.
440.48(2)(b)
(b) That the participating driver's own automobile insurance policy might not provide any coverage while the participating driver is logged on to the transportation network company's digital network and is available to receive transportation requests or is engaged in transportation network services depending on its terms.
440.48(3)(a)(a) Notwithstanding any coverage requirements under
s. 632.32, an insurer that writes automobile insurance in this state may exclude any and all coverage afforded under a policy owner's insurance policy for any loss or injury that occurs while a participating driver is logged on to a transportation network company's digital network or is engaged in transportation network services. This right to exclude all coverage may apply to any coverage included in a motor vehicle insurance policy, including all of the following:
440.48(3)(a)1.
1. Liability coverage for bodily injury and property damage.
440.48(3)(b)1.1. Exclusions under
par. (a) shall apply notwithstanding any requirement under
ch. 344. Nothing in this subsection implies or requires that a personal automobile insurance policy provide coverage while the driver is logged on to the transportation network company's digital network, while the driver is engaged in transportation network services, or while the driver otherwise uses a vehicle to transport passengers for compensation.
440.48(3)(b)2.
2. Nothing shall be deemed to preclude an insurer from providing coverage for the participating driver's vehicle, if the insurer so chooses to do so by contract or endorsement.
440.48(3)(c)1.1. Automobile insurers that exclude coverage as permitted in this subsection shall have no duty to defend or indemnify any claim expressly excluded. Nothing in this section shall be deemed to invalidate or limit an exclusion contained in a policy, including any policy in use, or approved for use, in this state before May 3, 2015, that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public.
440.48(3)(c)2.
2. An automobile insurer that defends or indemnifies a claim against a participating driver that is excluded under the terms of its policy as permitted in this subsection shall have a right of contribution against other insurers that provide automobile insurance to the same driver in satisfaction of the coverage requirements of
sub. (1) at the time of loss.
440.48(3)(d)
(d) In a claims coverage investigation, transportation network companies and any insurer potentially providing coverage under
sub. (1) shall cooperate to facilitate the exchange of relevant information with directly involved parties and any insurer of the participating driver if applicable, including the precise times that a participating driver logged on and off the transportation network company's digital network in the 12-hour period immediately preceding, and in the 12-hour period immediately following, the accident, and disclose to one another a clear description of the coverage, exclusions, and limits provided under any automobile insurance maintained under
sub. (1).
440.48(3)(e)
(e) If a transportation network company's insurer covers a claim under a policy's comprehensive or collision coverage, the insurer shall issue the payment for the claim to either of the following, as directed by the transportation network company:
440.48(3)(e)1.
1. Jointly to the owner of the personal vehicle and the primary lienholder.
440.48(3)(e)2.
2. Directly to the person repairing the personal vehicle in satisfaction of completion of repairs as payment in full.
440.48 History
History: 2015 a. 16.
440.49
440.49
Disciplinary proceedings and actions. 440.49(1)
(1)
Investigations and hearings. Subject to the rules promulgated under
s. 440.03 (1), the department may conduct investigations and hold hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter or a violation of any other law that substantially relates to the operation of a transportation network company or to transportation network services has occurred.
440.49(2)
(2) Discipline. Subject to the rules promulgated under
s. 440.03 (1), the department may reprimand a licensed company or deny, limit, suspend, or revoke a license granted under
s. 440.415 if the department finds that an applicant for licensure or a licensed company has done any of the following:
440.49(2)(a)
(a) Intentionally made a material misstatement in an application for a license or license renewal.
440.49(2)(b)
(b) Advertised in a manner that is false or misleading.
440.49(2)(c)
(c) Obtained or attempted to obtain compensation through fraud or deceit.
440.49(2)(d)
(d) Violated this subchapter or any rule promulgated under this subchapter or violated any other law that substantially relates to the operation of a transportation network company or to transportation network services.
440.49(2)(e)
(e) Failed to cooperate with the department, or failed to timely respond to a request for information by the department, in connection with an investigation under this section.
440.49(3)
(3) Forfeitures. In addition to or in lieu of a reprimand or other action under
sub. (2), the department may assess against a licensed company, for the violations enumerated under
sub. (2), a forfeiture of not more than $1,000 for each separate offense.
440.49 History
History: 2015 a. 16.
440.495
440.495
Penalties. Any person who violates this subchapter or any rule promulgated under this subchapter may be fined not more than $1,000.
440.495 History
History: 2015 a. 16.
PEDDLERS
440.51
440.51
Statewide peddler's licenses for ex-soldiers. Any ex-soldier of the United States in any war, who has a 25 percent disability or more or has a cardiac disability recognized by the U.S. department of veterans affairs, and any person disabled to the extent of the loss of one arm or one leg or more or who has been declared blind as defined under Title XVI of the social security act, shall, upon presenting the department proof of these conditions, be granted a special statewide peddler's license without payment of any fee. The person must have been a bona fide resident of this state for at least 5 years preceding the application. While engaged in such business the person shall physically carry the license and the proof required for its issuance. A blind person shall also carry an identification photograph which is not more than 3 years old. A license issued under this section shall not entitle a blind person to peddle for hire for another person. A license issued under this section is permanent unless suspended or revoked by the department.
BARBERING AND COSMETOLOGY SCHOOLS
440.60
440.60
Definitions. As used in this subchapter unless the context requires otherwise:
440.60(13)
(13) “Practical instruction" means training through action or direct contact with a patron or model other than a mannequin.
440.60(14)
(14) “School" means any facility, other than a specialty school, that offers instruction in barbering, cosmetology, aesthetics, electrology, or manicuring.
440.60(15)
(15) “Specialty school" means an establishment that offers instruction in aesthetics, electrology or manicuring.
440.60(17)
(17) “Theoretical instruction" means training through the study of principles and methods.
440.60 History
History: 1987 a. 265;
2011 a. 190.
440.61
440.61
Applicability. This subchapter does not apply to any of the following:
440.61(1)
(1) Schools regulated or approved by the technical college system board.
440.61(2)
(2) Schools operated by the department of health services or the department of corrections.
440.62
440.62
School and specialty school licensure. 440.62(1)(a)(a) No person may operate a school unless the school holds a current license as a school of barbering, cosmetology, aesthetics, electrology, or manicuring, as appropriate, issued by the department.
440.62(1)(b)
(b) No person may operate a specialty school unless the specialty school holds a current license as a specialty school of aesthetics, electrology or manicuring issued by the department.
440.62(1)(c)
(c) No school may use the title “school of barbering" or any similar title unless the school holds a current school of barbering license issued by the department.
440.62(1)(cm)
(cm) No school may use the title “school of cosmetology" or any similar title unless the school holds a current school of cosmetology license issued by the department.
440.62(1)(d)
(d) No school may use the title “school of aesthetics" or any similar title unless the school holds a current school of aesthetics license issued by the department.
440.62(1)(e)
(e) No school may use the title “school of electrology" or any similar title unless the school holds a current school of electrology license issued by the department.
440.62(1)(f)
(f) No school may use the title “school of manicuring" or any similar title unless the school holds a current school of manicuring license issued by the department.
440.62(1)(g)
(g) No specialty school may use the title “specialty school of aesthetics" or any similar title unless the specialty school holds a current specialty school of aesthetics license issued by the department.
440.62(1)(h)
(h) No specialty school may use the title “specialty school of electrology" or any similar title unless the specialty school holds a current specialty school of electrology license issued by the department.
440.62(1)(i)
(i) No specialty school may use the title “specialty school of manicuring" or any similar title unless the specialty school holds a current specialty school of manicuring license issued by the department.
440.62(2)
(2) Applications; license period; change of ownership. 440.62(2)(a)(a) An application for initial licensure or renewal or reinstatement of a license under this section shall be submitted to the department on a form provided by the department and shall be accompanied by the applicable fee determined by the department under
s. 440.03 (9) (a). Each application shall be accompanied by a surety bond acceptable to the department in the minimum sum of $25,000 for each location.
440.62(2)(b)
(b) The department may require additional information to be submitted to accompany or supplement an application if the department determines that the information is necessary to evaluate whether the school or specialty school meets the requirements in this subchapter.
440.62(2)(c)
(c) The department may require a school or specialty school to submit with an application a current balance sheet and income statement audited and certified by an independent auditor or certified public accountant. If the department receives a request to inspect a balance sheet, income statement or audit report, the department shall, before permitting an inspection, require the person requesting inspection to provide his or her full name and, if the person is representing another person, the full name and address of that person. Within 48 hours after permitting an inspection, the department shall mail to the person who submitted the balance sheet, income statement or audit report a notification that states the full name and address of the person who inspected the document and the full name and address of any person represented by the person who inspected the document. This paragraph does not apply to inspection requests made by state or federal officers, agents or employees which are necessary to the discharge of the duties of their respective offices.
440.62(2)(d)
(d) Any change of ownership shall be reported to the department by the new owner within 5 days after the change of ownership. A change of ownership shall be submitted to the department on a form provided by the department and shall be accompanied by the change of ownership fee specified by the department by rule.
440.62(2)(e)
(e) The department shall promulgate rules establishing the requirements for surety bonds under
par. (a).
