| 1 | 1 | | REFERENCE TITLE: transportation services employees; drivers; wages State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HB 2728 Introduced by Representative Ortiz An Act amending title 23, chapter 2, Arizona Revised Statutes, by adding article 9.1; relating to employee wages. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 9 | 9 | | REFERENCE TITLE: transportation services employees; drivers; wages |
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| 10 | 10 | | State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 |
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| 11 | 11 | | HB 2728 |
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| 12 | 12 | | Introduced by Representative Ortiz |
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| 14 | 14 | | REFERENCE TITLE: transportation services employees; drivers; wages |
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| 24 | 24 | | State of Arizona |
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| 26 | 26 | | House of Representatives |
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| 28 | 28 | | Fifty-sixth Legislature |
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| 30 | 30 | | Second Regular Session |
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| 32 | 32 | | 2024 |
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| 40 | 40 | | HB 2728 |
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| 44 | 44 | | Introduced by |
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| 46 | 46 | | Representative Ortiz |
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| 64 | 64 | | An Act |
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| 68 | 68 | | amending title 23, chapter 2, Arizona Revised Statutes, by adding article 9.1; relating to employee wages. |
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| 74 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 78 | 78 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 23, chapter 2, Arizona Revised Statutes, is amended by adding article 9.1, to read: ARTICLE 9.1. WAGES AND HOURS OF TRANSPORTATION SERVICES EMPLOYEES START_STATUTE23-399. Definitions In this article, unless the context otherwise requires: 1. "Digital network or software application" means either of the following: (a) Any online-enabled application, software, website or system that is offered or used by a transportation network company and that enables a potential passenger to arrange a ride with a transportation network company driver. (b) Any online-enabled application, software, website or system that is offered or used by a transportation delivery company and that enables a potential customer to request that a transportation delivery company driver pick up and drop off goods at a destination point. 2. "Transportation delivery company" means an entity that operates in this state, that uses a digital network or software application to connect customers to transportation delivery services provided by transportation delivery company drivers and that may but is not deemed to own, operate or control a personal motor vehicle of a transportation delivery company driver. 3. "Transportation delivery company driver" means an individual who receives connections to potential delivery service jobs from a transportation delivery company in exchange for payment of a fee to the transportation delivery company and the individual who operates a MOTOR vehicle that is both of the following: (a) Owned, leased or otherwise authorized for use by the individual. (b) Used to provide transportation delivery services. 4. "Transportation delivery services" means the transportation of a good between points chosen by the customer who requests the good and arranges delivery of the good with a transportation delivery company driver through the use of a transportation delivery company's digital network or software application, which begins when the transportation delivery company driver accepts the request for transportation delivery services received through the transportation delivery company's digital network or software application, continues while the transportation delivery company driver provides transportation delivery services in a transportation delivery company vehicle and ends when the good is delivered to the destination point or the transportation delivery service is canceled. 5. "Transportation network company" has the same meaning prescribed in section 28-9551. 6. "Transportation network company driver" has the same meaning prescribed in section 28-9551. 7. "Transportation network services" has the same meaning prescribed in section 28-9551. END_STATUTE START_STATUTE23-399.01. Delivery services drivers; employees; wages; benefits A. An individual who is employed as a transportation network company driver or a transportation delivery company driver shall be paid the minimum wage or the following calculation, whichever is greater: 1. $1.00 per mile. 2. $.47 per minute. 3. $5.62 at a minimum for the transportation network services or transportation delivery services. 4. eighty percent of any cancellation fee paid by the customer who requested the transportation network services or transportation delivery services. B. A transportation delivery company driver shall be paid either the following calculation or the CALCULATION as prescribed subsection A of this section, whichever is greater: 1. One hundred seventy-five percent of the local minimum wage per hour for an active delivery. 2. An increase of twenty-five percent in pay for every minute over fifty minutes or a distance more than fifty miles. C. A transportation network company or transportation delivery company shall provide the following to a transportation network company driver or a transportation delivery company driver: 1. A three percent cost-of-living adjustment annually. 2. A $600 reimbursement for health care-related costs per quarter, if the driver works at least an average of thirty-two HOURS PER WEEK DURING THAT QUARTER. 3. One hour of paid sick leave for every THIRTY-TWO hours worked. END_STATUTE |
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| 80 | 80 | | Be it enacted by the Legislature of the State of Arizona: |
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| 82 | 82 | | Section 1. Title 23, chapter 2, Arizona Revised Statutes, is amended by adding article 9.1, to read: |
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| 84 | 84 | | ARTICLE 9.1. WAGES AND HOURS OF TRANSPORTATION SERVICES EMPLOYEES |
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| 86 | 86 | | START_STATUTE23-399. Definitions |
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| 88 | 88 | | In this article, unless the context otherwise requires: |
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| 90 | 90 | | 1. "Digital network or software application" means either of the following: |
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| 92 | 92 | | (a) Any online-enabled application, software, website or system that is offered or used by a transportation network company and that enables a potential passenger to arrange a ride with a transportation network company driver. |
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| 94 | 94 | | (b) Any online-enabled application, software, website or system that is offered or used by a transportation delivery company and that enables a potential customer to request that a transportation delivery company driver pick up and drop off goods at a destination point. |
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| 96 | 96 | | 2. "Transportation delivery company" means an entity that operates in this state, that uses a digital network or software application to connect customers to transportation delivery services provided by transportation delivery company drivers and that may but is not deemed to own, operate or control a personal motor vehicle of a transportation delivery company driver. |
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| 98 | 98 | | 3. "Transportation delivery company driver" means an individual who receives connections to potential delivery service jobs from a transportation delivery company in exchange for payment of a fee to the transportation delivery company and the individual who operates a MOTOR vehicle that is both of the following: |
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| 100 | 100 | | (a) Owned, leased or otherwise authorized for use by the individual. |
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| 102 | 102 | | (b) Used to provide transportation delivery services. |
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| 104 | 104 | | 4. "Transportation delivery services" means the transportation of a good between points chosen by the customer who requests the good and arranges delivery of the good with a transportation delivery company driver through the use of a transportation delivery company's digital network or software application, which begins when the transportation delivery company driver accepts the request for transportation delivery services received through the transportation delivery company's digital network or software application, continues while the transportation delivery company driver provides transportation delivery services in a transportation delivery company vehicle and ends when the good is delivered to the destination point or the transportation delivery service is canceled. |
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| 106 | 106 | | 5. "Transportation network company" has the same meaning prescribed in section 28-9551. |
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| 108 | 108 | | 6. "Transportation network company driver" has the same meaning prescribed in section 28-9551. |
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| 110 | 110 | | 7. "Transportation network services" has the same meaning prescribed in section 28-9551. END_STATUTE |
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| 112 | 112 | | START_STATUTE23-399.01. Delivery services drivers; employees; wages; benefits |
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| 114 | 114 | | A. An individual who is employed as a transportation network company driver or a transportation delivery company driver shall be paid the minimum wage or the following calculation, whichever is greater: |
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| 116 | 116 | | 1. $1.00 per mile. |
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| 118 | 118 | | 2. $.47 per minute. |
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| 120 | 120 | | 3. $5.62 at a minimum for the transportation network services or transportation delivery services. |
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| 122 | 122 | | 4. eighty percent of any cancellation fee paid by the customer who requested the transportation network services or transportation delivery services. |
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| 124 | 124 | | B. A transportation delivery company driver shall be paid either the following calculation or the CALCULATION as prescribed subsection A of this section, whichever is greater: |
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| 126 | 126 | | 1. One hundred seventy-five percent of the local minimum wage per hour for an active delivery. |
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| 128 | 128 | | 2. An increase of twenty-five percent in pay for every minute over fifty minutes or a distance more than fifty miles. |
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| 130 | 130 | | C. A transportation network company or transportation delivery company shall provide the following to a transportation network company driver or a transportation delivery company driver: |
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| 132 | 132 | | 1. A three percent cost-of-living adjustment annually. |
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| 134 | 134 | | 2. A $600 reimbursement for health care-related costs per quarter, if the driver works at least an average of thirty-two HOURS PER WEEK DURING THAT QUARTER. |
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| 136 | 136 | | 3. One hour of paid sick leave for every THIRTY-TWO hours worked. END_STATUTE |
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