Chapter 440

440.48(1)(b)3.a. a. Automobile insurance maintained by the participating driver.

440.48(1)(b)3.b. b. Automobile insurance maintained by the transportation network company.

440.48(1)(b)3.c. c. Any combination of insurance specified in subd. 3. a. and b.

440.48(1)(c) (c) The following automobile insurance requirements apply while a participating driver is engaged in transportation network services:

440.48(1)(c)1. 1. The insurance is primary automobile liability insurance in the amount of at least $1,000,000 for death, bodily injury, and property damage.

440.48(1)(c)2. 2. The insurance provides primary uninsured motorist coverage in accordance with the requirements under s. 632.32 (4) (a) 1.

440.48(1)(c)3. 3. The coverage requirements under this paragraph may be satisfied by any of the following:

440.48(1)(c)3.a. a. Automobile insurance maintained by the participating driver.

440.48(1)(c)3.b. b. Automobile insurance maintained by the transportation network company.

440.48(1)(c)3.c. c. Any combination of insurance specified in subd. 3. a. and b.

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) (3) Insurer provisions.

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)(a)2. 2. Uninsured and underinsured motorist coverage.

440.48(3)(a)3. 3. Medical payments coverage.

440.48(3)(a)4. 4. Comprehensive physical damage coverage.

440.48(3)(a)5. 5. Collision physical damage coverage.

440.48(3)(b) (b)

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) (c)

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.

subch. V of ch. 440 SUBCHAPTER V

PEDDLERS; PRIVATE SCHOOLS

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.

440.51 History History: 1977 c. 399; 1989 a. 56; 1991 a. 39; 2017 a. 59.

440.52 440.52 Private trade, correspondence, business, and technical schools.

440.52(1) (1) Definitions. In this section, unless the context clearly requires otherwise:

440.52(1)(b) (b) “Course” means an organized unit of subject matter in which instruction is offered within a given period of time or that covers a specified amount of related subject matter.

440.52(1)(c) (c) “Course of instruction” means a series of classroom or correspondence courses having a unified purpose which lead to a diploma or degree or to an occupational or vocational objective.

440.52(1)(d) (d) “Person” means any individual, partnership, association, corporation, or limited liability company, or any combination of these.

440.52(1)(e) (e) “School” means any private trade, correspondence, business, or technical school, but does not include any of the following:

440.52(1)(e)1. 1. In-state schools that are exempt from taxation under section 501 of the Internal Revenue Code and that either were incorporated in this state prior to January 1, 1992, or had their administrative headquarters and principal places of business in this state prior to 1970.

440.52(1)(e)2. 2. Schools that are supported mainly by taxes.

440.52(1)(e)3. 3. Schools of a parochial or denominational character offering courses having a sectarian objective.

440.52(1)(e)4. 4. Schools primarily offering instruction avocational or recreational in nature and not leading to a vocational objective.

440.52(1)(e)5. 5. Courses conducted by employers exclusively for their employees.

440.52(1)(e)6. 6. Schools, courses of instruction, and training programs that are approved or licensed and supervised by other state agencies and boards.

440.52(1)(e)7. 7. Schools approved by the department of public instruction for the training of teachers.

440.52(1)(e)8. 8. Schools accredited by accrediting agencies recognized by the department.

440.52(1)(e)9. 9. The distance education program of an eligible institution that has been authorized by the distance learning authorization board under s. 39.86 (3) (a) 1.

440.52(1)(e)10. 10. If the distance learning authorization board enters into an agreement under s. 39.86 (2) (a), a postsecondary institution to which all of the following apply:

440.52(1)(e)10.a. a. The institution does not have its principal campus in this state.

440.52(1)(e)10.b. b. The jurisdiction in which the institution has its principal campus has joined an agreement, as defined in s. 39.86 (1) (a), of which this state is a member or for which there is reciprocity with the agreement entered into by the distance learning authorization board under s. 39.86 (2) (a).

440.52(1)(e)10.c. c. The institution has obtained authorization, from the jurisdiction in which the institution has its principal campus, to offer distance education programs to students located beyond the borders of the state where the institution is located.

440.52(1)(f) (f) “Solicitor” means a person employed by or representing a school located either within or outside this state that, in places other than the actual business premises of the school, personally attempts to secure the enrollment of a student in the school.

440.52(1)(g) (g) “Teaching location” means the area and facilities designated for use by a school required to be approved by the department under this section.

440.52(2) (2) Responsibilities. The department shall protect the general public by inspecting and approving private trade, correspondence, business, and technical schools doing business within this state, whether located within or outside this state, changes of ownership or control of the schools, teaching locations used by the schools, and courses of instruction offered by the schools and regulate the soliciting of students for correspondence or classroom courses and courses of instruction offered by the schools.

440.52(3) (3) Rule-making power. The department shall promulgate rules and establish standards necessary to administer this section.

440.52(7) (7) Approval of schools generally. To protect students, prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction, and encourage schools to maintain courses and courses of instruction consistent in quality, content, and length with generally accepted educational standards, the department shall do all of the following:

440.52(7)(a) (a) Investigate the adequacy of courses and courses of instruction offered by schools to residents of this state and establish minimum standards for those courses of instruction.

440.52(7)(b) (b) Investigate the adequacy of schools’ facilities, equipment, instructional materials, and instructional programs and establish minimum standards for those facilities, equipment, materials, and programs.

440.52(7)(c) (c) Establish rules, standards, and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction.

440.52(7)(d) (d) Promulgate rules restricting the negotiability of promissory instruments received by schools in payment of tuition and other charges.

440.52(7)(e) (e) Establish minimum standards for refund of the unused portion of tuition, fees, and other charges if a student does not enter a course or course of instruction or withdraws or is discontinued from the course.

440.52(7)(f) (f) Require schools offering courses and courses of instruction to residents of this state to furnish information concerning their facilities, curricula, instructors, enrollment policies, tuition and other charges and fees, refund policies, and policies concerning negotiability of promissory instruments received in payment of tuition and other charges.

440.52(7)(g) (g) Approve courses of instruction, schools, changes of ownership or control of schools, and teaching locations meeting the requirements and standards established by the department and complying with rules promulgated by the department; publish a list of the schools and courses of instruction approved and a list of the schools that are authorized to use the term “college,” “university,” “state,” or “Wisconsin” in their names; and make those lists of the schools available on the department’s Internet site.

440.52(7)(h) (h) Issue permits to solicitors when all department requirements have been met.

440.52(7)(i) (i) Require schools to furnish a surety bond in an amount as provided by rule of the department.

440.52(8) (8) Soliciting of students.

440.52(8)(a) (a) In general. No solicitor representing any school offering any course or course of instruction shall sell any course or course of instruction or solicit students for a course or course of instruction in this state for a consideration or remuneration, except upon the actual business premises of the school, unless the solicitor first secures a solicitor’s permit from the department. If the solicitor represents more than one school, a separate permit shall be obtained for each school the solicitor represents.

440.52(8)(b) (b) Solicitor’s permit. The application for a solicitor’s permit shall be made on a form furnished by the department and shall be accompanied by a fee and a surety bond acceptable to the department in the sum of $2,000. The department shall, by rule, specify the amount of the fee for a solicitor’s permit. The bond may be continuous and shall be conditioned to provide indemnification to any student suffering loss as the result of any fraud or misrepresentation used in procuring his or her enrollment or as a result of the failure of the school to perform faithfully the agreement the solicitor made with the student, and may be supplied by the solicitor or by the school itself either as a blanket bond covering each of its solicitors in the amount of $2,000 or the surety bond under sub. (7) (i). Upon approval of a permit, the department shall issue an identification card to the solicitor giving his or her name and address, the name and address of the employing school, and certifying that the person whose name appears on the card is authorized to solicit students for the school. A permit shall be valid for one year from the date issued. Liability under this paragraph of the surety on the bond for each solicitor covered by the bond shall not exceed the sum of $2,000 as an aggregate for any and all students for all breaches of the conditions of the bond. The surety of a bond may cancel the bond upon giving 30 days’ notice in writing to the department and shall be relieved of liability under this paragraph upon giving the notice for any breach of condition occurring after the effective date of the cancellation. An application for renewal shall be accompanied by a fee, a surety bond acceptable to the department in the sum of $2,000 if a continuous bond has not been furnished, and such information as the department requests of the applicant. The department shall, by rule, specify the amount of the fee for renewal of a solicitor’s permit.

440.52(8)(c) (c) Refusal or revocation of permit. The department may refuse to issue or renew, or may revoke, any solicitor’s permit upon one or any combination of the following grounds: