LCO No. 3745 1 of 16 General Assembly Raised Bill No. 1000 January Session, 2021 LCO No. 3745 Referred to Committee on LABOR AND PUBLIC EMPLOYEES Introduced by: (LAB) AN ACT CONCERNING TR ANSPORTATION NETWORK COMPANY DRIVERS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective October 1, 2021) As used in sections 1 to 7, 1 inclusive, of this act, unless the context otherwise requires: 2 (1) "Transportation network company" or "TNC" means a business, 3 or group of businesses whose share of common ownership is greater 4 than fifty per cent, that has hired, contracted with, partnered with, or 5 maintained a contractual relationship or partnership with, fifty or more 6 TNC drivers and that operates a web site or smartphone application 7 from which a customer purchases, schedules or otherwise arranges for 8 the transporting of passengers on trips that originate in this state; 9 (2) "Transportation network company driver" or "TNC driver" means 10 an individual who has been hired, contracted with, partnered with, or 11 maintained a contractual relationship or partnership with, a TNC only 12 to the extent that the TNC driver is transporting passengers on trips that 13 originate in this state, arranged via a transportation network company, 14 and for which such worker receives remuneration from such 15 Raised Bill No. 1000 LCO No. 3745 2 of 16 transportation director; 16 (3) "Delivery network company" or "DNC" means a business or group 17 of businesses whose share of common ownership is greater than fifty 18 per cent, that has hired, contracted with, partnered with, or maintained 19 a contractual relationship or partnership with fifty or more DNC drivers 20 and that operates a web site or smartphone application from which a 21 customer purchases, schedules or otherwise arranges for the DNC 22 driver to transport ready-to-eat food on an on-demand basis for trips 23 that originate in this state in response to an order placed by the end 24 purchaser of food or other good; 25 (4) "Delivery network company driver" or "DNC driver" means an 26 individual who has been hired, contracted with, partnered with, or 27 maintained a contractual relationship or partnership with, a DNC only 28 to the extent that the DNC driver is transporting ready-to-eat food on 29 trips that originate in this state, arranged via delivery network 30 company, and for which such worker receives remuneration from such 31 delivery network company; 32 (5) "Network companies" include all transportation network 33 companies and delivery network companies as defined in this section; 34 (6) "Network workers" include all transportation network company 35 drivers and delivery network company drivers as defined in this 36 section; 37 (7) "Union" means an organization certified by the director of the 38 State Board of Labor Relations to represent, or that seeks to represent, 39 network workers in a bargaining unit; 40 (8) "Board" means the State Board of Labor Relations created 41 pursuant to section 31-102 of the general statutes; 42 (9) "Director" means the director of the State Board of Labor Relations; 43 (10) "Collectively bargained recommendations" or "collectively 44 bargained recommendations for the terms and conditions of work" 45 Raised Bill No. 1000 LCO No. 3745 3 of 16 means the recommended terms and conditions of work agreed upon 46 collectively by the industry council; 47 (11) "Binding terms and conditions of work" means the terms and 48 conditions approved by the board regulating network companies and 49 network workers, which are exempt from federal antitrust laws and 50 which displace the compensation requirements of such laws with terms 51 and conditions of network worker compensation and work conditions; 52 (12) "Industry council" means the body comprised of member 53 network companies, when network workers are represented by a 54 representative union, and their respective representative unions; and 55 (13) "Active network worker", with respect to a particular TNC or 56 DNC, means a TNC driver or DNC driver who has performed one 57 hundred twenty requests through the TNC's platform in the last ninety 58 days. 59 Sec. 2. (NEW) (Effective October 1, 2021) (a) Individuals who are 60 network workers may organize without interference from their 61 affiliated network company to seek the representation of an 62 organization as described in this section to join the industry council and 63 bargain on their behalf to create collectively bargained 64 recommendations that may be approved by the board concerning the 65 terms and conditions of work under which the network workers shall 66 provide services throughout the sector. 67 (b) Upon request by a union to a network company, such network 68 company shall provide the director, not later than thirty days after the 69 request, a system to directly contact all active network workers in the 70 requested unit. The system shall allow for direct contact by the union, 71 the director or another authorized user without the direct transfer or 72 sharing of personally identifiable information, in accordance with the 73 network company's privacy policy, and shall allow the director to 74 confirm the total number of active network workers and the current 75 active network worker status for each signed authorization card 76 submitted by a union. If a network company fails to provide the director 77 Raised Bill No. 1000 LCO No. 3745 4 of 16 with credentials to access a system to directly contact network workers 78 not later than thirty days after the union made its initial request, the 79 director may issue a daily penalty not exceeding one hundred thousand 80 dollars for each day the network company fails to cure such violation. If 81 the network company provides the requested information as provided 82 in this section, the director shall inform a requesting union of the 83 number of active network workers for which it received information 84 from the network company. 85 (c) If a union provides the director with proof of interest from not less 86 than ten per cent of the active network workers in a bargaining unit, the 87 director shall supply the union with credentials to access the system to 88 directly contact network workers it was provided by the director. Proof 89 of interest shall be in the form of signed authorization cards, which may 90 be in electronic form, and shall be calculated based on the number of 91 active network workers the director included in the system. A union 92 shall use the system to contact active network workers pursuant to this 93 subsection for the sole purpose of contacting drivers to solicit their 94 interest in being represented by the union. 95 (d) If no union currently serves as the exclusive negotiating 96 representative for an appropriate bargaining unit, a director may 97 voluntarily recognize a union as a representative union of its network 98 workers for the requested unit for the purpose of joining an industry 99 council and commencing negotiations under this article, if that union 100 provides to the director proof that ten per cent of the active network 101 workers in the unit have shown their preference to have that union serve 102 as their representative. Proof of interest shall be in the form of 103 authorization cards, which may be in electronic form, signed and dated 104 within the previous twelve months. 105 (e) In order to become the exclusive representative, a union or 106 representative union may present proof of interest from thirty per cent 107 of active network workers in the unit, at which point the director shall 108 hold an election to determine if the unit wishes to be represented by the 109 union or representative union. Proof of interest shall be in the form of 110 Raised Bill No. 1000 LCO No. 3745 5 of 16 signed authorization cards, which may be in electronic form, and shall 111 be calculated based on the number of active network workers for which 112 the director provides access pursuant to this section. If a majority of all 113 network workers in the bargaining unit who vote choose representation 114 by the petitioning union, the director shall declare that the union is the 115 exclusive representative union of the network workers. 116 (f) In the event that a unit of network workers vote to reject union 117 representation, a union shall wait not less than twelve months before 118 seeking an election to become the exclusive representative of network 119 workers in the same bargaining unit. 120 (g) A network worker may file a petition with the director to request 121 decertification of a representative union through the following 122 procedures: (1) A decertification petition shall be received by the 123 director not more than thirty days before the expiration of a binding set 124 of terms and conditions of work reached pursuant to this section or not 125 less than three years after the binding set of terms and conditions of 126 work effective date, whichever is earlier; (2) a decertification petition 127 shall be signed by not less than thirty per cent of the network workers 128 in the bargaining unit; and (3) the signatures may be in electronic form 129 and shall be dated within one year of the date that the petition is 130 submitted. When a petition has been accepted by the director, the 131 director shall issue notice to the director and the representative union of 132 the decertification petition and promulgate a decertification date. The 133 director shall have fourteen days from the decertification date to 134 transmit a list of the members of the bargaining unit to the petitioners 135 and the representative union. After receipt of a petition, the director 136 shall determine if the signatures are sufficient to hold an election to 137 decertify the representative union for that particular director or declare 138 that the decertification petition did not meet the threshold and reaffirm 139 that the representative union shall continue representing the bargaining 140 unit. To decertify the representative union, a majority of the voting 141 members of the bargaining unit shall vote for such decertification. If a 142 union is decertified for a particular director, a union may establish or 143 reestablish exclusive negotiating representative status. 144 Raised Bill No. 1000 LCO No. 3745 6 of 16 Sec. 3. (NEW) (Effective October 1, 2021) (a) Following certification by 145 the director of a voluntary or an exclusive representative, a director and 146 the representative union shall form or, if the industry council has 147 already been formed, join the industry council for the purpose of 148 sectoral bargaining. Upon reaching a threshold of at least eighteen 149 thousand active network workers, the industry council shall meet and 150 negotiate in good faith to create a set of collectively negotiated 151 recommendations concerning the terms and conditions of work for all 152 network workers in the industry council. 153 (b) A director may be eligible to become a member of the industry 154 council, if it contracts with at least: (1) Five thousand network workers 155 on average each day; or (2) ten per cent of total active network workers 156 in the state. 157 (c) Each industry council director member may participate in the 158 negotiation process with the representative union members on the 159 council. Each director on the industry council shall exercise one vote. 160 Each representative union representing a bargaining unit shall exercise 161 votes in proportion to the amount of money sent to the nonprofit from 162 the director of the representative union's bargaining unit. 163 (d) Industry councils shall be formed as tax-exempt organizations for 164 purposes of collective negotiations, administration of community-based 165 job access programs, and any other functions necessary to carry out the 166 provisions of sections 1 to 7, inclusive, of this act. Each industry council 167 shall form committees or related nonprofit entities as needed for 168 purposes of administration of benefits to network workers and 169 community-based job access programs, and any other functions 170 necessary to carry out the provisions of sections 1 to 7, inclusive, of this 171 act. Representation on the governing board of any committee or related 172 nonprofit entity, except for the nonprofit entity established to 173 administer benefits for network workers or for representative union 174 service fees shall include equal representation by both network 175 companies and representative unions unless otherwise specified or 176 agreed to by the parties. Voting threshold to approve measures by a 177 Raised Bill No. 1000 LCO No. 3745 7 of 16 committee or related nonprofit entity shall be sixty per cent of the votes 178 from network companies and sixty per cent of the votes from 179 representative unions unless otherwise specified or agreed to by the 180 parties. 181 (e) As a condition of membership in the industry council, in addition 182 to complying with any terms and conditions of work made binding by 183 the director, the director shall agree to collect a surcharge on each trip 184 or delivery facilitated by the director for the network workers of the 185 bargaining unit in an amount not less than six per cent but not more 186 than twelve per cent of the transaction, the amount of which shall be 187 determined as part of the binding terms and conditions of work, to pay 188 for benefits, the functions of the representative unions and worker 189 training programs. The funding required by this section shall not come 190 from or be deducted or drawn from network workers' earnings. On a 191 monthly basis network companies shall remit the required funds to be 192 used as follows: The remainder of the funding percentage shall be used 193 to fund portable benefit accounts for the network workers in the 194 bargaining units. The administration of portable benefit accounts and 195 related funds, including the choice of providers, shall be performed by 196 a single nonprofit entity serving all of the industry councils in the state 197 and established for that purpose. Each representative union on the 198 industry council shall also serve on the board of the nonprofit 199 established to administer benefits and shall exercise votes in proportion 200 to the amount of money sent to the nonprofit from the director of the 201 representative union's bargaining unit. 202 (f) One per cent of the funding percentage shall go to funding 203 community-based job readiness, skills training, paid internships and 204 programs, to be performed by a subcommittee of the industry council. 205 (g) Representative union network companies shall remit one per cent 206 of the funding percentage on a monthly basis to the representative 207 union. The unions shall use those allocated funds to provide 208 representation, training benefits and services for their members. 209 Raised Bill No. 1000 LCO No. 3745 8 of 16 (h) Written affirmation that the director will not unilaterally prescribe 210 specific dates, times of day, or a minimum number of dispatches a 211 network worker shall accept or minimum number of hours during 212 which the network worker shall be logged into the network company's 213 online-enabled application, along with written affirmation that the 214 director will not require the network worker to accept any specific 215 service request as a condition of maintaining access to the director's 216 online-enabled application or platform, and written affirmation that the 217 director will not restrict the network worker from performing services 218 through other network companies, except during engaged time. 219 (i) A director representative with the appropriate authority shall meet 220 on not less than a quarterly basis with a representative group of network 221 workers to discuss any issues of concern to network workers including, 222 but not limited to, efficiency, safety, communication, best practices and 223 clarification of the director's policies. Such council meetings are not 224 bargaining sessions and there shall not be a mandatory duty to agree. 225 (j) As a condition of membership in the industry council, network 226 companies and representative unions shall agree to: (1) Publish social 227 equity policies aimed at eliminating racial bias in hiring, training, 228 promotion, services and resource allocation; including annually 229 publishing data identifying the percentage of the organization's 230 governing board, executives and employees that are people of color; (2) 231 prioritize the use of community financial institutions, minority financial 232 institutions and minority asset managers for administration of benefit 233 funds; (3) prioritize local news organizations, including community, 234 hyperlocal, in-language newspaper organizations in contracts or 235 subcontracts for the placement of all marketing and outreach 236 advertising services. 237 (k) Terms and conditions of work based on the recommendations 238 negotiated pursuant to this section and approved by the director shall 239 be of not more than four years' duration. Terms and conditions of work 240 shall include the rate of payment to network workers and may include 241 consideration of network workers' costs of taxes, expenses, wait time, 242 Raised Bill No. 1000 LCO No. 3745 9 of 16 and other appropriate considerations such that the resulting rate of pay 243 for engaged time is not lower than any applicable state or local laws 244 governing the rate of pay of those network workers that are in effect on 245 the effective date of this section. 246 (l) Nothing in this section shall be construed to preclude network 247 companies from compensating network workers above the minimum 248 rates established through binding terms and conditions of work. Each 249 director shall retain exclusive rights to determine the products, product 250 features, proprietary software algorithms and other systems and 251 processes that enable compliance with this section and the other terms 252 and conditions of work included pursuant to this section. 253 (m) Portable benefits to be funded by the amounts required under 254 this section and offered through the nonprofit entity offered network 255 workers through binding terms and conditions of work shall include 256 both universal benefits that attach to each network worker regardless of 257 which director they contract with or how much they work and 258 individual benefit accounts, which may include benefits tied to amount 259 of work performed for one or more network companies. 260 (n) Universal benefits offered shall include workplace injury 261 protection in the form of occupational accident coverage or other 262 insurance coverage for network workers equal to benefits of such type 263 provided by existing workers compensation law. 264 (o) Individual benefit accounts for eligible workers, in which funds 265 may be deposited, may be used for specific purposes to be determined, 266 such as paid time off, retirement savings, health care premiums or other 267 benefits agreed to by the parties. 268 (p) Minimum health and safety standards shall be established, 269 including training requirements, protocols and procedures necessary to 270 provide safe and sanitary transportation services and a safe workplace 271 environment for network workers. 272 (q) A written affirmation of antidiscrimination rights shall be 273 Raised Bill No. 1000 LCO No. 3745 10 of 16 provided to network workers. Such rights shall be no less restrictive 274 upon the director than the antidiscrimination laws of this state. 275 (r) Written affirmation of due process rights shall be provided to 276 network workers, including the right to representation, dispute 277 resolution and a deactivation appeals process which allows drivers to 278 expeditiously resolve complaints and disputes regarding their 279 suitability or eligibility to drive. 280 (s) (1) If the industry council members reach agreement on a set of 281 recommendations, they shall reduce such recommendations to writing 282 and submit them to a vote conducted by the representative unions of 283 the network workers of the industry council. In the case of the first 284 election of an industry council concerning recommended terms and 285 conditions of work, the election shall determine if a majority of the 286 voting active network workers in the industry council support the 287 recommended terms and conditions of work. If the voters reject the 288 recommendations, or if the director finds the recommendations 289 noncompliant, at the representative unions' request, the parties are 290 obliged to resume negotiating to reach an agreement that they believe 291 will address the director's concerns and the concerns of the voting 292 workers, and submit new collectively negotiated recommendations to 293 the members as set forth above. If the industry council members 294 negotiate to impasse and fail to reach agreement on a set of 295 recommendations within five months of being certified by the director 296 or within two months of the end of the previous director-approved 297 binding terms and conditions of work, either the network companies or 298 the representative union may submit their dispute to interest 299 arbitration. A majority of the director votes, measured in proportion to 300 the number of network workers it represents, relative to all workers 301 represented in the industry council shall be required to submit the 302 dispute to interest arbitration. 303 (2) In order for the representative unions to submit the dispute to 304 interest arbitration, the representative unions shall hold an election and 305 may only submit the dispute if a majority of the voters in the industry 306 Raised Bill No. 1000 LCO No. 3745 11 of 16 council agree. The goal of interest arbitration shall be to create a new set 307 of recommendations to be presented to the director for approval. The 308 interest arbitrator shall be selected by mutual agreement of the network 309 companies and representative unions in the industry council. If the 310 network companies and representative unions in the industry council 311 cannot agree, then the arbitrator shall be determined as follows: (A) 312 From a list of seven arbitrators with experience in labor disputes or 313 interest arbitration designated by the American Arbitration Association, 314 the side requesting arbitration shall strike a name; (B) thereafter, the 315 other side shall strike a name; (C) the process shall continue until one 316 name remains, and that person shall be the arbitrator; (D) the cost of the 317 interest arbitration shall be divided between the parties proportionally, 318 as a proportion each bargaining unit generates of the surcharge in this 319 section; (E) the interest arbitrator shall propose the most fair and 320 reasonable set of recommendations concerning subjects specified in 321 terms and conditions promulgated by the director that furthers the 322 provision of safe, reliable, and economical services, the well-being of the 323 network workers, and the policy goals set forth in this article; and (F) 324 the term of any recommended terms and conditions of work proposed 325 by the interest arbitrator and approved by the director shall not exceed 326 two years. In proposing recommendations, the interest arbitrator shall 327 consider the following criteria: (i) Any stipulations of the parties; (ii) the 328 cost of expenses incurred by network workers, such as fuel, wear and 329 tear on equipment, and insurance; (iii) the safety and equipment 330 standards and rules applicable to other persons, whether employees or 331 independent contractors, employed doing similar work in this state and 332 its environs, as well as other comparable states; (iv) the director's 333 financial condition and need to ensure a reasonable return on 334 investment and profit; (v) any other factors that are normally or 335 traditionally taken into consideration in the determination of wages, 336 hours, safety and equipment standards, rules and conditions of work; 337 and (vi) the state's interest in promoting the provision of safe, reliable, 338 and economical services and otherwise advancing the public policy 339 goals set forth in this article. 340 Raised Bill No. 1000 LCO No. 3745 12 of 16 (3) The arbitrator shall transmit the proposed recommendations to 341 the director with a written report that sets forth the basis for the 342 arbitrator's resolution of any disputed issues. 343 (4) Either party may challenge the proposed recommendations not 344 later than ten days after the interest arbitrator releases their 345 recommendations on the following grounds: (A) That the interest 346 arbitrator was biased, (B) that the interest arbitrator exceeded his or her 347 authority, or (C) that a provision of the proposed agreement is arbitrary 348 and capricious. In the event of such a challenge, the director will provide 349 notice to the parties, allow them the opportunity to be heard, and shall 350 make a determination as to whether any of the challenges asserted 351 should be sustained. 352 (5) During the term of any binding terms and conditions of work, the 353 parties may discuss additional terms and, if agreement on any 354 additional recommendations are reached, shall submit proposed 355 recommendations to a vote of the network workers of the industry 356 council conducted by the representative unions, and to the director, 357 which shall consider the proposed recommendations in accordance 358 with the procedures and standards set forth in section 4 of this act. No 359 proposed recommendations shall go into effect until the 360 recommendations have been approved by both the vote of the network 361 workers and the director. 362 (t) Not less than ninety days before the expiration of the term of any 363 binding terms and conditions of work, the parties shall meet to negotiate 364 a new set of recommendations. 365 Sec. 4. (NEW) (Effective October 1, 2021) (a) If the network workers in 366 an industry council approve a set of collectively negotiated 367 recommendations, or an interest arbitrator proposes recommendations 368 in accordance with sections 1 to 7, inclusive, of this act, the 369 recommendations shall be submitted to the director for review and 370 certification. 371 (b) The director shall review the recommendations to ensure that they 372 Raised Bill No. 1000 LCO No. 3745 13 of 16 satisfy the minimum requirements and purposes set forth in section 3 of 373 this act and advance the public policy goals set forth in sections 1 to 7, 374 inclusive, of this act, including promotion of the well-being of the 375 network workers and the provision of safe, reliable and economical 376 services. 377 (c) In conducting a review, the record shall not be limited to the 378 submissions of the parties nor to the terms of the proposed 379 recommendations. The director shall have the right to gather and 380 consider any necessary evidence, including by conducting public 381 hearings and requesting additional information from the parties. 382 Following the review, the director shall notify the parties of the 383 determination in writing, and shall include in the notification a written 384 explanation of all conclusions. Absent good cause, the director shall 385 issue the determination of compliance not later than sixty days after the 386 receipt of collectively negotiated recommendations. If the director finds 387 the recommendations compliant, the recommendations shall be binding 388 on all network companies and network workers in the state. If the 389 director determines that the recommendations are not compliant, he or 390 she shall declare such and provide a statement of reasons why they have 391 rejected the recommendations, and, at the director's discretion, may 392 suggest ways the parties may remedy such noncompliance. 393 (d) During the term of any binding terms and conditions of work, the 394 director shall have an ongoing supervisory role to ensure that their 395 implementation satisfies the minimum requirements and purposes set 396 forth in section 3 of this act and advances the public policy goals set forth 397 in sections 1 to 7, inclusive, of this act, including promotion of the well-398 being of the network workers and providing economical services. The 399 director shall have the authority to withdraw approval of the 400 recommendations if the director determines that the recommended 401 terms and conditions no longer adhere to the provisions of this section 402 or that they no longer promote the provision of safe, reliable, and 403 economical services and the public policy goals set forth in sections 1 to 404 7, inclusive, of this act. The director may withdraw approval only after 405 providing the parties with written notice of the proposed withdrawal of 406 Raised Bill No. 1000 LCO No. 3745 14 of 16 approval, the grounds therefore, and an opportunity to be heard 407 regarding the proposed withdrawal. The director's withdrawal of 408 approval shall be effective only upon the issuance of a written 409 explanation of the reasons why the approved terms and conditions no 410 longer adhere to the provisions of sections 1 to 7, inclusive, of this act or 411 no longer further the provision of safe, reliable, and economical for-hire 412 transportation services or the public policy goals set forth in sections 1 413 to 7, inclusive, of this act. If the director withdraws approval of an 414 existing set of binding terms and conditions of work, the parties may 415 submit a new set of agreed-upon recommendations for consideration 416 not later than three months after such withdrawal of approval. 417 Sec. 5. (NEW) (Effective October 1, 2021) (a) A director or its agent, 418 designee, employee, or any person or group of persons acting directly 419 or indirectly in the interest of the director in relation to their network 420 workers shall not: (1) Refuse to negotiate in good faith with a 421 representative union to create an agreed upon set of recommended 422 terms and conditions of work in connection with the director or refuse 423 to reduce to writing and sign the negotiated recommendations; (2) fail 424 to provide the director with a system to directly contact all network 425 workers in the requested unit within thirty days of the request by a 426 union to the director; (3) dominate or interfere with the formation, 427 existence or administration of an organization representing, or seeking 428 to represent, their network workers; (4) interfere with, restrain, coerce, 429 discharge or otherwise discriminate against any network worker in the 430 exercise of the rights provided to the network worker by sections 1 to 7, 431 inclusive, of this act, or by any other provision of the laws of this state; 432 or (5) offer to provide money or anything of value to any network 433 worker with the intent of encouraging that network worker to exercise, 434 or to refrain from exercising, their rights under sections 1 to 7, inclusive, 435 of this act. 436 (b) The director shall have complete authority to enforce the 437 requirements of this section. 438 (c) An investigation by the director of alleged violations of the 439 Raised Bill No. 1000 LCO No. 3745 15 of 16 provisions of this section shall include such investigatory techniques as 440 deemed necessary pursuant to conditions adopted by the director. 441 (d) If the director finds reasonable cause to believe an unfair labor 442 practice has been committed, they shall issue a notice stating that: (1) 443 The director found reasonable cause to believe a violation has been 444 committed and shall be remedied; (2) the person or entity allegedly in 445 violation of the section is entitled to a hearing before the director to 446 present evidence to the contrary; and (3) a daily penalty not to exceed 447 one hundred thousand dollars shall accrue for every day the violator 448 fails to cure the violation if the violation is uncontested or found 449 committed. The person or entity named on the notice of violation shall 450 file with the director a request for a hearing within ten calendar days 451 after the date of the notice of violation. If the person or entity named on 452 the notice of violation fails to timely request a hearing, the notice of 453 violation shall be final and the daily penalty not to exceed one hundred 454 thousand dollars shall accrue until the violation is cured. 455 Sec. 6. (NEW) (Effective October 1, 2021) Either party may obtain 456 judicial review in the superior court of the director's determination on a 457 set of recommendations or an unfair labor practice final determination 458 by filing a written petition requesting the order of the director be 459 modified or set aside within fourteen days from the date of the director's 460 determination. The director's final determination shall not be stayed 461 pending judicial review unless a stay is ordered by the court. If review 462 is not sought, the determination of the director shall be final and 463 conclusive. 464 Sec. 7. (NEW) (Effective October 1, 2021) If any part of sections 1 to 7, 465 inclusive, of this act, or the application thereof to any person or 466 circumstances, shall, for any reason, be adjudged by a court of 467 competent jurisdiction to be invalid, such judgment shall not affect, 468 impair, or invalidate the remainder of sections 1 to 7, inclusive, of this 469 act, and the application thereof to other persons or circumstances, but 470 shall be confined in its operation to part thereof directly involved in the 471 controversy in which such judgment shall have been rendered and to 472 Raised Bill No. 1000 LCO No. 3745 16 of 16 the person or circumstances involved. 473 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2021 New section Sec. 2 October 1, 2021 New section Sec. 3 October 1, 2021 New section Sec. 4 October 1, 2021 New section Sec. 5 October 1, 2021 New section Sec. 6 October 1, 2021 New section Sec. 7 October 1, 2021 New section Statement of Purpose: To allow for and protect the ability of transportation network company drivers and transportation network companies to negotiate terms that best meet the needs of the parties. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]