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2015 - 2016 LEGISLATURE
April 14, 2015 - Offered by Representatives Subeck, Sargent, Zepnick, Kahl,
Wachs, Spreitzer, Hebl, C. Taylor and Hintz.
AB143-ASA2,1,5 1An Act to amend 194.01 (1) and 194.01 (2); and to create 340.01 (23g) (b) 4.,
2440.08 (2) (a) 69m. and subchapter IV of chapter 440 [precedes 440.40] of the
3statutes; relating to: regulation of transportation network companies,
4providing an exemption from emergency rule procedures, granting
5rule-making authority, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB143-ASA2,1 6Section 1. 194.01 (1) of the statutes is amended to read:
AB143-ASA2,2,37 194.01 (1) "Common motor carrier" means any person who holds himself or
8herself out to the public as willing to undertake for hire to transport passengers or
9property by motor vehicle upon the public highways. The transportation of
10passengers in taxicab service or in commuter car pool or van pool vehicles that are
11designed to carry less than 8 passengers, including the driver, or in a school bus

1under s. 120.13 (27) or in a motor vehicle being used to provide transportation
2network services, as defined in s. 440.40 (7),
is not transportation by a common motor
AB143-ASA2,2 4Section 2. 194.01 (2) of the statutes is amended to read:
AB143-ASA2,2,95 194.01 (2) "Contract motor carrier" means any person engaged in the
6transportation by motor vehicle over a regular or irregular route upon the public
7highways of property for hire, including the transportation of buildings, as defined
8in s. 348.27 (12m) (a) 1. The transportation of property in a motor vehicle being used
9subject to subch. IV of ch. 440 is not transportation by a contract motor carrier.
AB143-ASA2,3 10Section 3. 340.01 (23g) (b) 4. of the statutes is created to read:
AB143-ASA2,2,1211 340.01 (23g) (b) 4. A motor vehicle being used to provide transportation
12network services, as defined in s. 440.40 (7).
AB143-ASA2,4 13Section 4. 440.08 (2) (a) 69m. of the statutes is created to read:
AB143-ASA2,2,1514 440.08 (2) (a) 69m. Transportation network company: March 1 of each
15odd-numbered year.
AB143-ASA2,5 16Section 5. Subchapter IV of chapter 440 [precedes 440.40] of the statutes is
17created to read:
AB143-ASA2,2,1818 CHAPTER 440
AB143-ASA2,2,2020 transportation network companies
AB143-ASA2,2,21 21440.40 Definitions. In this subchapter:
AB143-ASA2,2,24 22(1) "Digital network" means any Internet site or online-enabled application,
23software, or system that permits the prearrangement of transportation network
1(2) "Licensed company" means a transportation network company that is
2licensed under s. 440.415.
AB143-ASA2,3,3 3(3) "Participating driver" means an individual who does all of the following:
AB143-ASA2,3,54 (a) Pays a fee to a transportation network company to be connected to a
5passenger for the purpose of engaging in transportation network services.
AB143-ASA2,3,76 (b) Uses a personal vehicle to engage in transportation network services for
AB143-ASA2,3,13 8(4) "Passenger" means an individual who uses a transportation network
9company's digital network to connect to a participating driver for transportation
10network services, and, unless the context requires otherwise, includes all other
11persons in that individual's party who accompany that individual in the
12participating driver's personal vehicle in connection with those transportation
13network services.
AB143-ASA2,3,15 14(5) "Personal vehicle" means a motor vehicle that satisfies all of the following
AB143-ASA2,3,1716 (a) A participating driver owns, leases, or is otherwise authorized to use the
17motor vehicle.
AB143-ASA2,3,1918 (b) The motor vehicle is not a taxicab, limousine, shuttle, or other for-hire
AB143-ASA2,3,24 20(6) "Transportation network company" means a business that, for
21compensation, uses a digital network to connect passengers to participating drivers
22for the purpose of providing transportation network services to those passengers.
23"Transportation network company" does not include a taxicab, limousine, shuttle, or
24other for-hire vehicle service.
1(7) "Transportation network services" means transportation provided to a
2passenger in the participating driver's personal vehicle. A participating driver is
3considered to be engaged in transportation network services beginning when the
4participating driver accepts a passenger's request for transportation received
5through a transportation network company's digital network, continuing while the
6participating driver transports that passenger in the participating driver's personal
7vehicle, and ending when that passenger, or the last person in that passenger's party,
8whichever occurs later, exits the participating driver's personal vehicle.
9"Transportation network services" does not include transportation in a taxicab,
10limousine, shuttle, or other for-hire vehicle.
AB143-ASA2,4,13 11440.41 License required. (1) No person may operate a transportation
12network company in this state unless the transportation network company is a
13licensed company.
AB143-ASA2,4,19 14(2) No person may engage in transportation network services in this state
15unless the person is a participating driver for a licensed company. A licensed
16company is not considered to control, direct, or manage a participating driver or that
17participating driver's personal vehicle used for engaging in transportation network
18services, except as provided in this subchapter or in a written agreement between the
19licensed company and the participating driver.
AB143-ASA2,4,23 20440.415 Licensure of transportation network companies. (1) Initial
The department shall grant a license to operate a transportation network
22company in this state to an applicant for licensure if the department determines that
23all of the following requirements are met:
AB143-ASA2,5,224 (a) The applicant submits an application to the department on a form
25prescribed by the department. The application shall include the applicant's name,

1address, tax identification number, and any other information required by the
2department by rule.
AB143-ASA2,5,33 (b) The applicant is a transportation network company.
AB143-ASA2,5,54 (c) The applicant demonstrates to the satisfaction of the department that it
5satisfies all applicable requirements under ss. 440.42, 440.44, 440.45, and 440.48.
AB143-ASA2,5,76 (d) Notwithstanding s. 440.03 (9) (a), the applicant pays an initial licensure fee
7of $5,000.
AB143-ASA2,5,11 8(2) Renewal. (a) The renewal date for a license granted under sub. (1) is
9specified in s. 440.08 (2) (a) 69m. A renewal application shall be submitted to the
10department on a form prescribed by the department and shall include any
11information required by the department by rule.
AB143-ASA2,5,1412 (b) The renewal application for a licensed company shall include a renewal fee
13of $5,000 or the renewal fee determined by the department under s. 440.03 (9) (a),
14if any, whichever is less.
AB143-ASA2,5,16 15440.42 Agent. Each licensed company shall maintain an agent for service of
16process in this state.
AB143-ASA2,5,18 17440.425 Fare disclosures. Each licensed company shall do all of the
AB143-ASA2,5,19 19(1) Disclose its fare calculation method on its Internet site.
AB143-ASA2,5,21 20(2) Inform each prospective passenger or the prospective passenger's
21authorized representative of all applicable fare rates.
AB143-ASA2,5,24 22(3) Give each prospective passenger or the prospective passenger's authorized
23representative the option to receive an estimated fare before the passenger enters
24a participating driver's personal vehicle for transportation network services.
1440.427 Establishment of base rate; ban on surge pricing. (1) Each
2licensed company shall establish a base fare rate for each geographic region within
3this state in which the licensed company operates.
AB143-ASA2,6,5 4(2) A licensed company may not establish a base fare rate under sub. (1) more
5than once every 3 months.
AB143-ASA2,6,7 6(3) A licensed company may not at any time charge a passenger a fare rate that
7exceeds the base fare rate established under sub. (1).
AB143-ASA2,6,13 8440.43 Identification of participating drivers. Each licensed company
9shall make available to each prospective passenger or the prospective passenger's
10authorized representative, on the licensed company's digital network, a photograph
11of the participating driver and the license plate number of the participating driver's
12personal vehicle before the passenger enters the participating driver's personal
13vehicle for transportation network services.
AB143-ASA2,6,17 14440.435 Electronic receipt. Within a reasonable time after transportation
15network services have been provided, the licensed company facilitating the services
16shall transmit an electronic receipt for the services to the passenger or the
17passenger's authorized representative that contains all of the following:
AB143-ASA2,6,18 18(1) The origin and destination of the trip.