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LRB-2561/1
KP:amn
2019 - 2020 LEGISLATURE
June 6, 2019 - Introduced by Senators Larson, Risser, Bewley, Hansen, Smith and
L. Taylor, cosponsored by Representatives Subeck, Sinicki, C. Taylor,
Sargent, Considine, Anderson, Vruwink, Skowronski, Fields and Spreitzer.
Referred to Committee on Government Operations, Technology and
Consumer Protection.
SB255,1,6 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.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
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:
SB255,1 1Section 1. 440.43 (title) of the statutes is amended to read:
SB255,2,3 2440.43 (title) Identification of participating drivers; display of
3information in personal vehicles
.
SB255,2 4Section 2. 440.43 of the statutes is renumbered 440.43 (1).
SB255,3 5Section 3. 440.43 (2) of the statutes is created to read:
SB255,2,86 440.43 (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:
SB255,2,99 (a) A copy of the participating driver's valid driver's license.
SB255,2,1110 (b) A copy of the licensed company's complaint procedures required under s.
11440.453.
SB255,4
1Section 4. 440.44 (1) (title) of the statutes is repealed.
SB255,5 2Section 5. 440.44 (1) of the statutes is renumbered 440.44.
SB255,6 3Section 6. 440.44 (2) (title) of the statutes is repealed.
SB255,7 4Section 7. 440.44 (2) (a) of the statutes is renumbered 440.453 (1) (intro.) and
5amended to read:
SB255,3,86 440.453 (1) (intro.) Each licensed company shall develop, implement, and
7make available on its Internet site, complaint procedures for reports all of the
8following:
SB255,3,10 9(a) The report of a suspected violations violation by a participating driver of the
10policy under sub. (1) s. 440.44.
SB255,8 11Section 8. 440.44 (2) (b) of the statutes is renumbered 440.453 (2) and
12amended to read:
SB255,3,1613 440.453 (2) Upon receipt of a complaint concerning a violation of a licensed
14company's policy
under sub. (1) (a) to (c), the licensed company shall immediately
15suspend the participating driver and investigate the complaint. The suspension
16shall continue until the complaint is resolved.
SB255,9 17Section 9. 440.44 (2) (c) of the statutes is renumbered 440.453 (4) and
18amended to read:
SB255,3,2219 440.453 (4) Each licensed company shall maintain all records of each
20investigation under par. (b) sub. (2), including the results of that investigation and
21any action taken based on that investigation, for at least 2 years after the date the
22complaint was received by the licensed company.
SB255,10 23Section 10. 440.445 (1) (b) (intro.) of the statutes is amended to read:
SB255,4,3
1440.445 (1) (b) (intro.) Conduct, or have Have a 3rd party conduct, a local and
2national criminal background check for the individual that includes all of the
3following:
SB255,11 4Section 11. 440.445 (3) of the statutes is amended to read:
SB255,4,95 440.445 (3) Vehicle safety and emissions. Each licensed company shall ensure
6that each motor vehicle a participating driver uses to provide transportation
7network services for the licensed company is a personal vehicle that satisfies all state
8vehicle safety and emissions standards for private motor vehicles and is not titled as
9a salvage vehicle
.
SB255,12 10Section 12. 440.453 (title) of the statutes is created to read:
SB255,4,11 11440.453 (title) Complaint procedures.
SB255,13 12Section 13. 440.453 (1) (b) of the statutes is created to read:
SB255,4,1513 440.453 (1) (b) The report of a suspected violation by a participating driver of
14the policy under s. 440.45 (1) or of the prohibition against discrimination under s.
15440.45 (2).
SB255,14 16Section 14. 440.453 (1) (c) of the statutes is created to read:
SB255,4,1917 440.453 (1) (c) The report of a suspected sex offense or crime involving fraud,
18theft, damage to property, violence, an act of terror, or the use of a motor vehicle in
19the commission of a crime, committed by a participating driver.
SB255,15 20Section 15. 440.453 (3) of the statutes is created to read:
SB255,5,221 440.453 (3) Upon receipt of a complaint under sub. (1) (a) to (c), the licensed
22company shall inform the department of the complaint and provide the department
23with a copy of the complaint if made in writing. Upon resolution of the complaint,
24the licensed company shall inform the department concerning how the complaint

1was resolved, including a description of any action taken by the licensed company
2based on its investigation under sub. (2).
SB255,16 3Section 16. 440.49 (3) of the statutes is amended to read:
SB255,5,74 440.49 (3) Forfeitures. In addition to or in lieu of a reprimand or other action
5under sub. (2), the department may assess against a licensed company, for the
6violations enumerated under sub. (2), a forfeiture of not more than $1,000 $5,000 for
7each separate offense.
SB255,17 8Section 17. 440.495 of the statutes is amended to read:
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