STATE OF WISCONSIN
Department of Safety And Professional Services
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ADOPTING RULES
(CLEARINGHOUSE RULE 15-071)
ORDER
An order of the Department of Safety and Professional Services to create Chapter SPS 210 relating to transportation network companies. Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Subchapter IV, Chapter 440, Stats. Statutory authority:
Explanation of agency authority:
Section 227.11 (2) (a), Stats., sets forth the parameters of an agency’s rule-making authority, stating an agency, “may promulgate rules interpreting provisions of any statute enforced or administered by the agency. . .but a rule is not valid if the rule exceeds the bounds of correct interpretation.” Section 227.11 (2) (b), Stats., sets forth the parameters of an agency’s rule-making authority, stating an agency, “may prescribe forms and procedures in connection with any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but this paragraph does not authorize the imposition of a substantive requirement in connection with a form or procedure.” Section 440.415 (1) (a), Stats., requires transportation network company applicants to submit an initial application that includes, “any other information required by the department by rule.” Section 440.415 (2) (a), Stats., requires licensed transportation network company to submit a renewal application that includes, “any other information required by the department by rule.” Related statute or rule:
None.
Plain language analysis:
Pursuant to the enactment of 2015 Wisconsin Act 16, the Department of Safety and Professional Services is authorized to execute and enforce a statewide uniform licensure program for transportation network companies. Currently, the Wisconsin Administrative Code does not address transportation network companies. The proposed rule will implement and delineate the requirements enacted under 2015 Wisconsin Act 16 for the regulation of transportation network companies. Summary of, and comparison with, existing or proposed federal regulation:
To comply with the assurances under 49 USC 47107 a city, village, town or county may impose fees or charges under s. 114.14 (1), Stats., for the use of an airport by participating drivers engaged in transportation network services. Comparison with rules in adjacent states:
Illinois: Illinois Statutes contain many similar requirements for transportation network companies as those created by 2015 Wisconsin Act 16 in the Wisconsin Statutes; however, individual municipalities are responsible for licensing transportation network companies. (625 Illinois Compiled Statutes 57). There are no effective rules regarding transportation network companies in Illinois. Iowa: The state of Iowa does not regulate transportation network companies.
