51 | | - | (8) "Network company" means a transportation network company 27 |
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52 | | - | or a third-party delivery company. "Network company" does not 28 |
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53 | | - | include a business entity that maintains a digital network where either 29 |
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54 | | - | (A) less than seven and one-half per cent of the services provided on 30 |
---|
55 | | - | such digital network are rideshare services, or (B) less than ten 31 |
---|
56 | | - | thousand service requests fulfilled on such digital network are for 32 |
---|
57 | | - | rideshare services; 33 |
---|
58 | | - | (9) "Network worker" means an individual who (A) is a 34 |
---|
59 | | - | transportation network company worker or a third-party delivery 35 |
---|
60 | | - | company worker, and (B) provides services for such transportation 36 |
---|
61 | | - | network company or third-party delivery company through a digital 37 |
---|
62 | | - | network; 38 |
---|
63 | | - | (10) "Trip" means a transportation service where a network worker 39 |
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64 | | - | either (A) picks up a passenger at a location set up by such passenger 40 |
---|
65 | | - | and delivers such passenger to a different location requested by such 41 |
---|
66 | | - | passenger, or (B) picks up items selected by a user of a digital network 42 |
---|
67 | | - | from a business or private residence and delivers such items to another 43 |
---|
68 | | - | location requested by such user; 44 |
---|
69 | | - | (11) "Passenger transport time" means the period of time during 45 |
---|
70 | | - | which a driver is actively transporting a passenger in the 46 |
---|
71 | | - | transportation network company vehicle; 47 Substitute Bill No. 1180 |
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| 55 | + | (8) "Network company" means a transportation network company or 27 |
---|
| 56 | + | a third-party delivery company. "Network company" does not include 28 |
---|
| 57 | + | a business entity that maintains a digital network where either (A) less 29 |
---|
| 58 | + | than seven and one-half per cent of the services provided on such digital 30 |
---|
| 59 | + | network are rideshare services; or (B) less than ten thousand service 31 |
---|
| 60 | + | requests fulfilled on such digital network are for rideshare services. 32 |
---|
| 61 | + | (9) "Network worker" means an individual who (A) is a 33 |
---|
| 62 | + | transportation network company worker or a third-party delivery 34 |
---|
| 63 | + | company worker, and (B) provides services for such transportation 35 |
---|
| 64 | + | network company or third-party delivery company through a digital 36 |
---|
| 65 | + | network; 37 |
---|
| 66 | + | (10) "Trip" means a transportation service where a network worker 38 |
---|
| 67 | + | either (A) picks up a passenger at a location set up by such passenger 39 |
---|
| 68 | + | and delivers such passenger to a different location requested by such 40 |
---|
| 69 | + | passenger, or (B) picks up items selected by a user of a digital network 41 |
---|
| 70 | + | from a business or private residence and delivers such items to another 42 |
---|
| 71 | + | location requested by such user; 43 |
---|
| 72 | + | (11) "Passenger transport time" means the period of time during 44 Raised Bill No. 1180 |
---|
78 | | - | (12) "Delivery transit time" means the period of time between the 48 |
---|
79 | | - | (A) network worker's acceptance of a delivery trip on the digital 49 |
---|
80 | | - | network, and (B) delivery of items to the user's requested location; 50 |
---|
81 | | - | (13) "Dispatch time" means the period of time a driver spends 51 |
---|
82 | | - | traveling from a dispatch location to a pick-up location, but does not 52 |
---|
83 | | - | include any time when a passenger cancels a trip or the transportation 53 |
---|
84 | | - | network driver begins a trip or service through the digital platform, 54 |
---|
85 | | - | and for shared rides; 55 |
---|
86 | | - | (14) "Dispatch platform time" means the period a driver spends 56 |
---|
87 | | - | traveling from the first dispatch location to the first passenger or item 57 |
---|
88 | | - | pick-up location; 58 |
---|
89 | | - | (15) "Active solicitation time" means the period of time a network 59 |
---|
90 | | - | worker spends logged in to the digital platform, if a network company 60 |
---|
91 | | - | engage in the practice of logging workers out of the digital platform, 61 |
---|
92 | | - | immediately upon the completion of a trip. "Active solicitation time" 62 |
---|
93 | | - | includes the period of time a network worker spends returning to a 63 |
---|
94 | | - | location where such worker may solicit another trip or delivery; 64 |
---|
95 | | - | (16) "Multi-apping" means the act by a network worker where such 65 |
---|
96 | | - | worker logs in to multiple digital networks in order to solicit trips or 66 |
---|
97 | | - | deliveries from multiple network companies; 67 |
---|
98 | | - | (17) "Return time" means the period of time when a network worker 68 |
---|
99 | | - | is returning to the state after a passenger or delivery drop-off in a 69 |
---|
100 | | - | neighboring state without a passenger or delivery; and 70 |
---|
101 | | - | (18) "User" means an individual or individuals who use a digital 71 |
---|
102 | | - | network to connect with a third-party delivery company driver to 72 |
---|
103 | | - | receive a prearranged delivery of groceries, food, beverages, 73 |
---|
104 | | - | commercial goods or other items between points chosen by the 74 |
---|
105 | | - | individual or individuals. 75 |
---|
106 | | - | Sec. 2. (NEW) (Effective July 1, 2023) (a) On and after July 1, 2023, a 76 |
---|
107 | | - | network worker shall receive a minimum per-trip compensation 77 Substitute Bill No. 1180 |
---|
| 76 | + | LCO No. 5293 3 of 10 |
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| 77 | + | |
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| 78 | + | which a driver is actively transporting a passenger in the transportation 45 |
---|
| 79 | + | network company vehicle; 46 |
---|
| 80 | + | (12) "Delivery transit time" means the period of time between the (A) 47 |
---|
| 81 | + | network worker's acceptance of a delivery trip on the digital network, 48 |
---|
| 82 | + | and (B) delivery of items to the users requested location; 49 |
---|
| 83 | + | (13) (A) "Dispatch time" means the period of time a driver spends 50 |
---|
| 84 | + | traveling from a dispatch location to a pick-up location, but does not 51 |
---|
| 85 | + | include any time when a passenger cancels a trip or the transportation 52 |
---|
| 86 | + | network driver begins a trip or service through the digital platform, and 53 |
---|
| 87 | + | for shared rides; and (B) "dispatch platform time" means the period a 54 |
---|
| 88 | + | driver spends traveling from the first dispatch location to the first 55 |
---|
| 89 | + | passenger or item pick-up location; 56 |
---|
| 90 | + | (14) "Active solicitation time" means the period of time a network 57 |
---|
| 91 | + | worker spends logged in to the digital platform, should a network 58 |
---|
| 92 | + | company engage in the practice of logging workers out of the digital 59 |
---|
| 93 | + | platform, immediately upon the completion of a trip. "Active solicitation 60 |
---|
| 94 | + | time" includes the period of time a network worker spends returning to 61 |
---|
| 95 | + | a location where such worker may solicit another trip or delivery; 62 |
---|
| 96 | + | (15) "Multi-apping" means the act by a network worker where such 63 |
---|
| 97 | + | worker logs in to multiple digital networks in order to solicit trips or 64 |
---|
| 98 | + | deliveries from multiple network companies; 65 |
---|
| 99 | + | (16) "Return time" means the period of time when a network worker 66 |
---|
| 100 | + | is returning to the state after a passenger or delivery drop-off in a 67 |
---|
| 101 | + | neighboring state without a passenger or delivery; and 68 |
---|
| 102 | + | (17) "User" means an individual or individuals who use a digital 69 |
---|
| 103 | + | network to connect with a third-party delivery company driver to 70 |
---|
| 104 | + | receive a prearranged delivery of groceries, food, beverages, 71 |
---|
| 105 | + | commercial goods or other items between points chosen by the 72 |
---|
| 106 | + | individual or individuals. 73 |
---|
| 107 | + | Sec. 2. (NEW) (Effective July 1, 2023) (a) On and after July 1, 2023, a 74 Raised Bill No. 1180 |
---|
114 | | - | equivalent to the greater of (1) eighty-five per cent of each fare charged 78 |
---|
115 | | - | to the passenger, provided any taxes, fees or surcharges imposed on 79 |
---|
116 | | - | trips and any tips paid to a network worker by a passenger or user 80 |
---|
117 | | - | shall not be included in the calculation of such compensation; or (2) the 81 |
---|
118 | | - | minimum pay provided in subsection (b) of this section. 82 |
---|
119 | | - | (b) Except as otherwise provided in subsection (a) of this section, 83 |
---|
120 | | - | network companies shall compensate network workers in accordance 84 |
---|
121 | | - | with the following minimum pay: (1) For transportation network 85 |
---|
122 | | - | company drivers, the sum of (A) a minimum of one dollar and thirty 86 |
---|
123 | | - | cents per mile traveled by such driver during dispatch time and 87 |
---|
124 | | - | passenger transport time, and (B) a minimum of sixty cents per minute 88 |
---|
125 | | - | worked by such driver during dispatch time and passenger transport 89 |
---|
126 | | - | time; and (2) for third-party delivery service drivers, the sum of (A) a 90 |
---|
127 | | - | minimum of one dollar and thirty cents per mile traveled by such 91 |
---|
128 | | - | driver during dispatch time and until project completion time, and (B) 92 |
---|
129 | | - | a minimum of sixty cents per minute worked by such driver during 93 |
---|
130 | | - | dispatch time and until project completion time. Minimum pay 94 |
---|
131 | | - | established in this section shall also be provided to network workers 95 |
---|
132 | | - | for miles traveled and minutes worked during return time. For 96 |
---|
133 | | - | purposes of this subsection, return time shall end upon the arrival of 97 |
---|
134 | | - | the network worker in the state, or once a reasonable amount of time 98 |
---|
135 | | - | for the network worker to return to the state has elapsed. 99 |
---|
136 | | - | (c) Not later than September 30, 2023, and annually thereafter, the 100 |
---|
137 | | - | Labor Commissioner shall examine the adequacy and need for 101 |
---|
138 | | - | revisions to the network worker minimum pay established in 102 |
---|
139 | | - | subsection (b) of this section. In conducting such examination, the 103 |
---|
140 | | - | commissioner shall take into account the (1) rate of inflation, (2) 104 |
---|
141 | | - | current consumer price index for urban wage earners and clerical 105 |
---|
142 | | - | workers, (3) current price per gallon for gas, and (4) current price for 106 |
---|
143 | | - | the charging of electric motor vehicles. The commissioner shall submit 107 |
---|
144 | | - | an annual report of the results of such examination and any 108 |
---|
145 | | - | recommendations for legislation, in accordance with the provisions of 109 |
---|
146 | | - | section 11-4a of the general statutes, to the joint standing committee of 110 Substitute Bill No. 1180 |
---|
| 111 | + | LCO No. 5293 4 of 10 |
---|
| 112 | + | |
---|
| 113 | + | network worker shall receive a minimum per-trip compensation 75 |
---|
| 114 | + | equivalent to the greater of (1) eighty-five per cent of each fare charged 76 |
---|
| 115 | + | to the passenger, provided, any taxes, fees or surcharges imposed on 77 |
---|
| 116 | + | trips and any tips paid to a network worker by a passenger or user shall 78 |
---|
| 117 | + | not be included in the calculation of such per cent; or (2) the minimum 79 |
---|
| 118 | + | pay provided in subsection (b) of this section. 80 |
---|
| 119 | + | (b) Network companies shall compensate network workers in 81 |
---|
| 120 | + | accordance with the following minimum pay: (1) For transportation 82 |
---|
| 121 | + | network company drivers, a minimum of one dollar and thirty cents per 83 |
---|
| 122 | + | mile traveled by such driver during dispatch time and passenger 84 |
---|
| 123 | + | transport time, and a minimum of sixty cents per minute worked by 85 |
---|
| 124 | + | such driver during dispatch time and passenger transport time, and (2) 86 |
---|
| 125 | + | for a third-party delivery service driver, a minimum of one dollar and 87 |
---|
| 126 | + | thirty cents per mile traveled by such driver during dispatch time and 88 |
---|
| 127 | + | until project completion time, and a minimum of sixty cents per minute 89 |
---|
| 128 | + | worked by such driver during dispatch time and until project 90 |
---|
| 129 | + | completion time. Minimum pay established in this section shall also be 91 |
---|
| 130 | + | provided to network drivers for miles traveled and minutes worked 92 |
---|
| 131 | + | during return time. For purposes of this subsection, return time shall 93 |
---|
| 132 | + | end upon the arrival of the network worker in the state, or once a 94 |
---|
| 133 | + | reasonable amount of time for the network worker to return to the state 95 |
---|
| 134 | + | has elapsed. 96 |
---|
| 135 | + | (c) Not later than September 30, 2023, and annually thereafter, the 97 |
---|
| 136 | + | Labor Commissioner shall examine the adequacy and need for 98 |
---|
| 137 | + | adjustment to the network worker minimum pay established in 99 |
---|
| 138 | + | subsection (b) of this section. In conducting such examination the 100 |
---|
| 139 | + | commissioner shall take into account the (1) rate of inflation, (2) current 101 |
---|
| 140 | + | consumer price index for urban wage earners and clerical workers, (3) 102 |
---|
| 141 | + | current price per gallon for gas, and (4) current price for the charging of 103 |
---|
| 142 | + | electric motor vehicles. The commissioner shall submit a report of the 104 |
---|
| 143 | + | results of such examination and any recommendations for legislation, in 105 |
---|
| 144 | + | accordance with the provisions of section 11-4a of the general statutes, 106 |
---|
| 145 | + | to the joint standing committee of the General Assembly having 107 |
---|
| 146 | + | cognizance of matters relating to labor and public employees. 108 Raised Bill No. 1180 |
---|
153 | | - | the General Assembly having cognizance of matters relating to labor 111 |
---|
154 | | - | and public employees. 112 |
---|
155 | | - | Sec. 3. (NEW) (Effective July 1, 2023) (a) When a passenger or user 113 |
---|
156 | | - | cancels a trip, a network company shall compensate a network worker 114 |
---|
157 | | - | for any milage, fees, tolls and time incurred by such network worker 115 |
---|
158 | | - | from the acceptance of a trip until cancellation of such trip. 116 |
---|
159 | | - | (b) A network company shall compensate a network worker for (1) 117 |
---|
160 | | - | any fees or costs incurred by a network worker for general wear and 118 |
---|
161 | | - | tear, any damage from passengers and cleaning fees for such network 119 |
---|
162 | | - | worker's motor vehicle, and (2) fees and tolls incurred by such network 120 |
---|
163 | | - | worker while traveling between states. 121 |
---|
164 | | - | (c) (1) A network worker shall receive mileage reimbursement at a 122 |
---|
165 | | - | rate to be established by the Labor Commissioner. 123 |
---|
166 | | - | (2) On and after July 1, 2023, and until the Labor Commissioner 124 |
---|
167 | | - | establishes reimbursement rates pursuant to subdivision (1) of this 125 |
---|
168 | | - | subsection, the mileage reimbursement standard for such network 126 |
---|
169 | | - | workers shall be (A) for a network worker's active solicitation time, the 127 |
---|
170 | | - | standard mileage rate established by the Internal Revenue Service, and 128 |
---|
171 | | - | (B) for all miles driven by a network worker during passenger 129 |
---|
172 | | - | transport time or delivery transport time, one hundred fifty per cent of 130 |
---|
173 | | - | such standard mileage rate. 131 |
---|
174 | | - | Sec. 4. (NEW) (Effective July 1, 2023) (a) Upon the conclusion of each 132 |
---|
175 | | - | trip, each network company shall transmit an initial receipt and a 133 |
---|
176 | | - | finalized receipt to the network worker for such trip or portion of such 134 |
---|
177 | | - | trip. An initial receipt, containing an estimate of the information 135 |
---|
178 | | - | required pursuant to subdivisions (1) to (9), inclusive, of this 136 |
---|
179 | | - | subsection, shall be transmitted to a network worker not later than five 137 |
---|
180 | | - | minutes after completion of such trip. A receipt containing the 138 |
---|
181 | | - | finalized payment calculations of such information shall be 139 |
---|
182 | | - | transmitted to a network worker not later than twenty-four hours after 140 |
---|
183 | | - | completion of such trip. Such electronic receipts shall include, but need 141 Substitute Bill No. 1180 |
---|
| 150 | + | LCO No. 5293 5 of 10 |
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| 151 | + | |
---|
| 152 | + | Sec. 3. (NEW) (Effective July 1, 2023) (a) When a passenger or user 109 |
---|
| 153 | + | cancels a trip, a network company shall compensate a network worker 110 |
---|
| 154 | + | for any milage, fees, tolls and time incurred by such network worker 111 |
---|
| 155 | + | from the acceptance of a trip until cancellation of such trip. 112 |
---|
| 156 | + | (b) A network company shall compensate a network worker for (1) 113 |
---|
| 157 | + | any fees incurred by a network worker for general wear and tear, any 114 |
---|
| 158 | + | damage from passengers and cleaning fees for such network worker's 115 |
---|
| 159 | + | motor vehicle, and (2) fees and tolls incurred by such network worker 116 |
---|
| 160 | + | while traveling between states. 117 |
---|
| 161 | + | (c) (1) A network worker shall receive mileage reimbursement at a 118 |
---|
| 162 | + | rate to be established by the Labor Commissioner. 119 |
---|
| 163 | + | (2) On and after July 1, 2023, and until the Labor Commissioner 120 |
---|
| 164 | + | establishes reimbursement rates pursuant to subdivision (1) of this 121 |
---|
| 165 | + | subsection, the mileage reimbursement standard for such network 122 |
---|
| 166 | + | drivers shall be (A) for a network driver's active solicitation time, the 123 |
---|
| 167 | + | standard mileage rate established by the Internal Revenue Service, and 124 |
---|
| 168 | + | (B) for all miles driven by a network driver during passenger transport 125 |
---|
| 169 | + | time or delivery transport time, one hundred fifty per cent of such 126 |
---|
| 170 | + | standard mileage rate. 127 |
---|
| 171 | + | Sec. 4. (NEW) (Effective July 1, 2023) (a) Upon conclusion of a trip for 128 |
---|
| 172 | + | each passenger or user, each network company shall transmit an initial 129 |
---|
| 173 | + | receipt and a finalized receipt to the network worker for such trip or 130 |
---|
| 174 | + | portion of such trip. The initial receipt containing an estimate of the 131 |
---|
| 175 | + | information required pursuant to subdivisions (1) to (9), inclusive, of 132 |
---|
| 176 | + | this subsection shall be provided to a network worker within five 133 |
---|
| 177 | + | minutes after completion of a trip. A receipt containing the finalized 134 |
---|
| 178 | + | payment calculations of such information shall be provided to a 135 |
---|
| 179 | + | network worker within twenty-four hours of the trip's completion. Such 136 |
---|
| 180 | + | electronic receipts shall include, but need not be limited to, the following 137 |
---|
| 181 | + | information, (1) the total amount of passenger platform time, (2) the 138 |
---|
| 182 | + | total mileage driven during platform time, (3) the total mileage driven 139 |
---|
| 183 | + | during passenger or delivery pick-up time, (4) the fare charged to the 140 Raised Bill No. 1180 |
---|
190 | | - | not be limited to, the following information: (1) The total amount of 142 |
---|
191 | | - | passenger platform time, (2) the total mileage driven during such 143 |
---|
192 | | - | platform time, (3) the total mileage driven during passenger or 144 |
---|
193 | | - | delivery pick-up time, (4) the fare charged to the passenger or user, (5) 145 |
---|
194 | | - | the rate of pay, including, but not limited to, the rate per minute, rate 146 |
---|
195 | | - | per mile, percentage of passenger fare and any applicable price 147 |
---|
196 | | - | multiplier or variable pricing policy in effect for the trip, (6) tip 148 |
---|
197 | | - | compensation, (7) gross payment, (8) net payment after deductions, 149 |
---|
198 | | - | fees, tolls, surcharges, lease fees or other charges, and (9) itemized 150 |
---|
199 | | - | deductions or fees, including any tolls, surcharges, commissions, lease 151 |
---|
200 | | - | fees and other charges. 152 |
---|
201 | | - | (b) Each network company shall maintain a digital copy of each 153 |
---|
202 | | - | initial receipt and finalized receipt and make such receipts available 154 |
---|
203 | | - | for download to the network worker to whom such receipts were 155 |
---|
204 | | - | transmitted, for a period of three years thereafter. 156 |
---|
205 | | - | (c) A network company shall provide each network worker with a 157 |
---|
206 | | - | weekly summary of the trips such network worker made during the 158 |
---|
207 | | - | previous week. Such weekly summary shall contain the following 159 |
---|
208 | | - | information: (1) The network worker's total passenger or user platform 160 |
---|
209 | | - | time, (2) the total mileage driven by the network worker during 161 |
---|
210 | | - | passenger or user platform time, (3) the total amount of passenger or 162 |
---|
211 | | - | delivery fares, (4) the network worker's total tip compensation, (5) the 163 |
---|
212 | | - | network worker's gross compensation itemized by (A) rate per minute, 164 |
---|
213 | | - | including the average rate across all trips, (B) rate per mile, including 165 |
---|
214 | | - | the average rate across all trips, and (C) any other method used to 166 |
---|
215 | | - | calculate pay, including, but not limited to, base pay, percentage of 167 |
---|
216 | | - | passenger fare, or any applicable price multiplier or variable pricing 168 |
---|
217 | | - | policy in effect for the trip, (6) the network worker's net payment after 169 |
---|
218 | | - | deductions, fees, tolls, surcharges, lease fees or other charges, and (7) 170 |
---|
219 | | - | the itemized deductions or fees from the network worker's payment, 171 |
---|
220 | | - | including all tolls, surcharges, commissions, lease fees and other 172 |
---|
221 | | - | charges. 173 |
---|
222 | | - | Sec. 5. (NEW) (Effective July 1, 2023) Each network company shall, 174 Substitute Bill No. 1180 |
---|
| 187 | + | LCO No. 5293 6 of 10 |
---|
| 188 | + | |
---|
| 189 | + | passenger or user, (5) the rate of pay, including, but not limited to, the 141 |
---|
| 190 | + | rate per minute, rate per mile, percentage of passenger fare and any 142 |
---|
| 191 | + | applicable price multiplier or variable pricing policy in effect for the trip, 143 |
---|
| 192 | + | (6) tip compensation, (7) gross payment, (8) net payment after 144 |
---|
| 193 | + | deductions, fees, tolls, surcharges, lease fees or other charges, and (9) 145 |
---|
| 194 | + | itemized deductions or fees, including any tolls, surcharges, 146 |
---|
| 195 | + | commissions, lease fees and other charges. 147 |
---|
| 196 | + | (b) Each network company shall maintain a digital copy of each initial 148 |
---|
| 197 | + | receipt and finalized receipt and make such receipts available for 149 |
---|
| 198 | + | download to the network worker to whom such receipts were 150 |
---|
| 199 | + | transmitted, for a period of three years thereafter. 151 |
---|
| 200 | + | (c) A network company shall provide each network worker with a 152 |
---|
| 201 | + | weekly summary of the trips such network worker made during the 153 |
---|
| 202 | + | previous week. Such notice shall contain the following information, (1) 154 |
---|
| 203 | + | the network worker's total passenger platform time, (2) the total mileage 155 |
---|
| 204 | + | driven by the network worker during passenger or user platform time, 156 |
---|
| 205 | + | (3) the total amount of passenger or delivery fares, (4) the network 157 |
---|
| 206 | + | worker's total tip compensation, (5) the network worker's gross 158 |
---|
| 207 | + | compensation itemized by (A) rate per minute, including the average 159 |
---|
| 208 | + | rate across all trips, (B) rate per mile, including the average rate across 160 |
---|
| 209 | + | all trips, and (C) any other method used to calculate pay, including, but 161 |
---|
| 210 | + | not limited to, base pay, percentage of passenger fare, or any applicable 162 |
---|
| 211 | + | price multiplier or variable pricing policy in effect for the trip, (6) the 163 |
---|
| 212 | + | network worker's net payment after deductions, fees, tolls, surcharges, 164 |
---|
| 213 | + | lease fees or other charges, and (7) the itemized deductions or fees from 165 |
---|
| 214 | + | the driver's payment, including all tolls, surcharges, commissions, lease 166 |
---|
| 215 | + | fees and other charges. 167 |
---|
| 216 | + | Sec. 5. (NEW) (Effective July 1, 2023) Each network company shall, not 168 |
---|
| 217 | + | later than five minutes after a trip's completion for an initial electronic 169 |
---|
| 218 | + | receipt and within twenty-four hours of a trip's completion for a 170 |
---|
| 219 | + | finalized electronic receipt, transmit to the passenger or user receipts 171 |
---|
| 220 | + | that list the following on behalf of the driver: (1) The date and time of 172 |
---|
| 221 | + | the trip, (2) the passenger or delivery pick-up and passenger or delivery 173 Raised Bill No. 1180 |
---|
229 | | - | not later than five minutes after a trip's completion for an initial 175 |
---|
230 | | - | electronic receipt and not later than twenty-four hours of a trip's 176 |
---|
231 | | - | completion for a finalized electronic receipt, transmit to the passenger 177 |
---|
232 | | - | or user receipts that list the following on behalf of the driver: (1) The 178 |
---|
233 | | - | date and time of the trip, (2) the passenger or delivery pick-up and 179 |
---|
234 | | - | passenger or delivery drop-off locations for the trip, (3) the total 180 |
---|
235 | | - | duration and distance of the trip, (4) the driver's first name, (5) the 181 |
---|
236 | | - | total fare paid, itemizing all charges and fees, and (6) the compensation 182 |
---|
237 | | - | paid to the driver, including all relevant factors contributing to 183 |
---|
238 | | - | compensation. 184 |
---|
239 | | - | Sec. 6. (NEW) (Effective July 1, 2023) (a) Any network worker 185 |
---|
240 | | - | aggrieved by a violation of section 2 or 3 of this act may bring a civil 186 |
---|
241 | | - | action in the Superior Court to recover damages, civil penalties and 187 |
---|
242 | | - | such equitable and injunctive relief as the court deems appropriate. 188 |
---|
243 | | - | Any individual who prevails in such civil action may be awarded 189 |
---|
244 | | - | attorney's fees and costs to be taxed by the court. 190 |
---|
245 | | - | (b) A network company that knowingly violates any provision of 191 |
---|
246 | | - | section 2 or 3 of this act shall be liable to the affected network worker 192 |
---|
247 | | - | in the amount of one hundred dollars per violation. 193 |
---|
248 | | - | Sec. 7. (NEW) (Effective July 1, 2023) The Labor Commissioner may 194 |
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249 | | - | adopt regulations in accordance with chapter 54 of the general statutes 195 |
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250 | | - | to implement the provisions of sections 1 to 6, inclusive, and sections 8 196 |
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251 | | - | and 9 of this act. 197 |
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252 | | - | Sec. 8. (NEW) (Effective July 1, 2023) (a) Not later than January 1, 198 |
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253 | | - | 2024, and annually thereafter, each network company shall register 199 |
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254 | | - | with the Labor Department, in a form and manner prescribed by the 200 |
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255 | | - | Labor Commissioner. Such registration shall include, (1) the network 201 |
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256 | | - | company's name, business address and telephone number, (2) if the 202 |
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257 | | - | network company is registered in another state, the name, address and 203 |
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258 | | - | telephone number of the company's agent for service of process in this 204 |
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259 | | - | state, (3) the name, address and telephone number of a person at the 205 |
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260 | | - | network company who will serve as the main contact for the Labor 206 Substitute Bill No. 1180 |
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| 225 | + | LCO No. 5293 7 of 10 |
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| 226 | + | |
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| 227 | + | drop-off locations for the trip, (3) the total duration and distance of the 174 |
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| 228 | + | trip, (4) the driver's first name, (5) the total fare paid, itemizing all 175 |
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| 229 | + | charges and fees, and (6) the compensation paid to the driver, including 176 |
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| 230 | + | all relevant factors contributing to compensation. 177 |
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| 231 | + | Sec. 6. (NEW) (Effective July 1, 2023) (a) Any network worker 178 |
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| 232 | + | aggrieved by a violation of sections 2 and 3 of this act may bring a civil 179 |
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| 233 | + | action in the Superior Court to recover damages, civil penalties and such 180 |
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| 234 | + | equitable and injunctive relief as the court deems appropriate. Any 181 |
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| 235 | + | individual who prevails in such civil action may be awarded attorney's 182 |
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| 236 | + | fees and costs to be taxed by the court. 183 |
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| 237 | + | (b) A network company that knowingly violates any provision of 184 |
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| 238 | + | sections 2 and 3 of this act shall be liable to the affected network worker 185 |
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| 239 | + | in the amount of one hundred dollars per violation. 186 |
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| 240 | + | Sec. 7. (NEW) (Effective July 1, 2023) The Labor Commissioner may 187 |
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| 241 | + | adopt regulations in accordance with chapter 54 of the general statutes 188 |
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| 242 | + | to implement the provisions of sections 1 to 6, inclusive, and sections 8 189 |
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| 243 | + | and 9 of this act. 190 |
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| 244 | + | Sec. 8. (NEW) (Effective July 1, 2023) (a) Not later than January 1, 2024, 191 |
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| 245 | + | and annually thereafter, each network company shall register with the 192 |
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| 246 | + | Labor Department, in a form and manner prescribed by the Labor 193 |
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| 247 | + | Commissioner. Such registration shall include, (1) the network 194 |
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| 248 | + | company's name, business address and telephone number, (2) if the 195 |
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| 249 | + | network company is registered in another state, the name, address and 196 |
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| 250 | + | telephone number of the company's agent for service of process in this 197 |
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| 251 | + | state, (3) the name, address and telephone number of a person at the 198 |
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| 252 | + | network company who will serve as the main contact for the Labor 199 |
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| 253 | + | Commissioner, (4) information sufficient to demonstrate that the 200 |
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| 254 | + | network company is in compliance with the provisions of this section 201 |
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| 255 | + | and sections 2 and 3 of this act, and any regulations adopted pursuant 202 |
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| 256 | + | to section 7 of this act, and (5) trip and revenue data described in 203 |
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| 257 | + | subsection (b) of this section. 204 |
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| 258 | + | (b) Each network company shall submit trip and revenue data with 205 Raised Bill No. 1180 |
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267 | | - | Commissioner, (4) information sufficient to demonstrate that the 207 |
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268 | | - | network company is in compliance with the provisions of this section 208 |
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269 | | - | and sections 2 and 3 of this act, and any regulations adopted pursuant 209 |
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270 | | - | to section 7 of this act, and (5) trip and revenue data described in 210 |
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271 | | - | subsection (b) of this section. 211 |
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272 | | - | (b) Each network company shall submit trip and revenue data as 212 |
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273 | | - | part of its annual registration that includes: 213 |
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274 | | - | (1) For each trip dispatch by the network company, (A) the motor 214 |
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275 | | - | vehicle license plate number used by a network worker to complete 215 |
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276 | | - | such trip, (B) the date, time and location in which either the passenger 216 |
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277 | | - | or the delivery was picked up by a network worker, and the date, time 217 |
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278 | | - | and location in which such passenger or delivery was subsequently 218 |
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279 | | - | dropped off by such network worker, (C) the total number of 219 |
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280 | | - | passengers or deliveries picked up by a network worker from the 220 |
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281 | | - | location described in subparagraph (B) of this subdivision, (D) the total 221 |
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282 | | - | mileage driven by the network worker during such trip, (E) the date 222 |
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283 | | - | and time such trip was requested by a passenger or user, (F) the total 223 |
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284 | | - | number of stops and deliveries made during such trip, and (G) an 224 |
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285 | | - | itemized fare for such trip including, (i) the amount of the fare, (ii) any 225 |
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286 | | - | toll, surcharge, commission rate or other deduction, (iii) any tip, and 226 |
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287 | | - | (iv) a breakdown of the amount the passenger or user paid for the trip; 227 |
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288 | | - | (2) The total payment, or hourly paid rate, each network worker 228 |
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289 | | - | received for each trip that such network worker completed; 229 |
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290 | | - | (3) The total amount of time each network worker's motor vehicle is 230 |
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291 | | - | connected to the digital network each day; and 231 |
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292 | | - | (4) The amount of time spent by each network worker transporting 232 |
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293 | | - | passengers or deliveries, as well as the time spent each day by such 233 |
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294 | | - | network worker traveling to such passengers or deliveries and time 234 |
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295 | | - | spent by each network worker between trips but not traveling to pick 235 |
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296 | | - | up a passenger or delivery. 236 |
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297 | | - | (c) Each network company shall submit a nonrefundable 237 Substitute Bill No. 1180 |
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| 262 | + | LCO No. 5293 8 of 10 |
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| 263 | + | |
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| 264 | + | the annual registration that includes: 206 |
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| 265 | + | (1) For each trip dispatch by the network company, (A) the motor 207 |
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| 266 | + | vehicle license plate number used by a network worker to complete such 208 |
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| 267 | + | trip, (B) the date, time and location in which either the passenger or the 209 |
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| 268 | + | delivery was picked up by a network worker, and the date, time and 210 |
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| 269 | + | location in which such passenger or delivery was subsequently dropped 211 |
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| 270 | + | off by such network worker, (C) the total number of passengers or 212 |
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| 271 | + | deliveries picked up by a network worker from the location described 213 |
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| 272 | + | in subparagraph (B) of this subdivision, (D) the total mileage driven by 214 |
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| 273 | + | the network worker during such trip, (E) the date and time such trip was 215 |
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| 274 | + | requested by a passenger or user, (F) the total number of stops and 216 |
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| 275 | + | deliveries made during such trip, and (G) an itemized fare for such trip 217 |
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| 276 | + | including, (i) the amount of the fare, (ii) any toll, surcharge, commission 218 |
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| 277 | + | rate or other deduction, (iii) any tip, and (iv) a breakdown of the amount 219 |
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| 278 | + | the passenger or user paid for the trip; 220 |
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| 279 | + | (2) The total payment, or hourly paid rate, each network worker 221 |
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| 280 | + | received for each trip that such network worker completed; 222 |
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| 281 | + | (3) The total amount of time each network worker's motor vehicle is 223 |
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| 282 | + | connected to the digital network each day; and 224 |
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| 283 | + | (4) The amount of time spent by each network worker transporting 225 |
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| 284 | + | passengers or deliveries, as well as the time spent each day by such 226 |
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| 285 | + | network worker traveling to such passengers or deliveries and time 227 |
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| 286 | + | spent by each network worker between trips but not traveling to pick 228 |
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| 287 | + | up a passenger or delivery. 229 |
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| 288 | + | (c) Each network company shall submit a nonrefundable registration 230 |
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| 289 | + | fee with its registration in an amount, to be determined by the Labor 231 |
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| 290 | + | Commissioner, that is sufficient to cover all cost incurred by the Labor 232 |
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| 291 | + | Department in carrying out the requirements of this section. 233 |
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| 292 | + | (d) If a network company needs to amend any information contained 234 |
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| 293 | + | in its registration that is incorrect or needs to be changed, such network 235 |
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| 294 | + | company shall amend its registration by submitting an amendment to 236 Raised Bill No. 1180 |
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304 | | - | registration fee with its registration in an amount, to be determined by 238 |
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305 | | - | the Labor Commissioner, that is sufficient to cover all costs incurred by 239 |
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306 | | - | the Labor Department in carrying out the requirements of this section. 240 |
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307 | | - | (d) If a network company needs to amend any information 241 |
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308 | | - | contained in its registration that is incorrect or needs to be changed, 242 |
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309 | | - | such network company shall amend its registration by submitting an 243 |
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310 | | - | amendment to the department, in a form and manner prescribed by 244 |
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311 | | - | the Labor Commissioner, not later than thirty days after such network 245 |
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312 | | - | company discovers or reasonably should have known of such change. 246 |
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313 | | - | (e) Any personally and identifiable information or data included in 247 |
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314 | | - | a network company's registration pursuant to subsection (a) of this 248 |
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315 | | - | section shall not be subject to disclosure under section 1-210 of the 249 |
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316 | | - | general statutes, except the Labor Commissioner shall make redacted 250 |
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317 | | - | versions of such data available on the Labor Department's Internet 251 |
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318 | | - | web site for analysis by the public. 252 |
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319 | | - | Sec. 9. (NEW) (Effective July 1, 2023) Not later than January 1, 2024, 253 |
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320 | | - | the Commissioner of Transportation shall communicate with the chief 254 |
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321 | | - | transportation official of New York, Massachusetts, Rhode Island and 255 |
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322 | | - | New Jersey to establish a reciprocity agreement for the purposes of 256 |
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323 | | - | allowing Connecticut network workers to pick up passengers in such 257 |
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324 | | - | other states and to allow network workers of such other states to pick 258 |
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325 | | - | up passengers in Connecticut. 259 |
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| 298 | + | LCO No. 5293 9 of 10 |
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| 299 | + | |
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| 300 | + | the department, in a form and manner prescribed by the Labor 237 |
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| 301 | + | Commissioner, not later than thirty days after such network company 238 |
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| 302 | + | discovers or reasonably should have known of such change. 239 |
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| 303 | + | (e) Any personally and identifiable information or data included in a 240 |
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| 304 | + | network company's registration pursuant to subsection (a) of this 241 |
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| 305 | + | section shall not be subject to disclosure under section 1-210 of the 242 |
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| 306 | + | general statutes, except the Labor Commissioner shall make redacted 243 |
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| 307 | + | versions of such data available on the Labor Department's Internet web 244 |
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| 308 | + | site for analysis by the public. 245 |
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| 309 | + | Sec. 9. (NEW) (Effective July 1, 2023) (a) Not later than January 1, 2024, 246 |
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| 310 | + | the Commissioner of Transportation shall communicate with the chief 247 |
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| 311 | + | transportation official of New York, Massachusetts, Rhode Island and 248 |
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| 312 | + | New Jersey to establish a reciprocity agreement for the purposes of 249 |
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| 313 | + | allowing Connecticut network workers to pick up passengers in such 250 |
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| 314 | + | other states and to allow network drivers of such other states to pick up 251 |
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| 315 | + | passengers in Connecticut. 252 |
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| 316 | + | (b) No network worker for a network company registered in another 253 |
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| 317 | + | state may pick up a passenger in this state unless the commissioner has 254 |
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| 318 | + | established a reciprocity agreement with the state in which such 255 |
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| 319 | + | network company is registered. 256 |
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| 320 | + | (c) No network company that prohibits Connecticut network drivers 257 |
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| 321 | + | from picking up passengers or accepting delivery requests out-of-state 258 |
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| 322 | + | after completing a request outside of the state, except where prohibited 259 |
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| 323 | + | by another state or municipal law, shall be issued a license to operate in 260 |
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| 324 | + | the state. 261 |
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| 325 | + | (d) Each network company shall compensate network workers that 262 |
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| 326 | + | cross state lines in order to pick up a passenger or complete a delivery 263 |
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| 327 | + | for any toll fares incurred while traveling to and returning from such 264 |
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| 328 | + | trip. 265 Raised Bill No. 1180 |
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| 329 | + | |
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| 330 | + | |
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| 331 | + | |
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| 332 | + | LCO No. 5293 10 of 10 |
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| 333 | + | |
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345 | | - | Statement of Legislative Commissioners: |
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346 | | - | Section 1 was rewritten for consistency with standard drafting |
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347 | | - | conventions, in Section 2(a) "said per cent" was replaced with "such |
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348 | | - | compensation" for clarity; in Section 2(b) "Network" was replaced with |
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349 | | - | "Except as otherwise provided in subsection (a) of this section, |
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350 | | - | network" for consistency with standard drafting conventions, and |
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351 | | - | "drivers" was changed to "workers" for internal consistency; in Section |
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352 | | - | 2(c) "adjustment" was replaced with "revisions" for consistency with |
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353 | | - | standard drafting conventions, and "a" was replaced with "an annual" |
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354 | | - | for clarity; in Section 3(c)(2) "drivers" was changed to "workers", |
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355 | | - | "driver's" was changed to "worker's", and "driver" was changed to |
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356 | | - | "worker" for internal consistency; Section 4(a) was rewritten for clarity; |
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357 | | - | in Section 4(c) "notice" was replaced with "weekly summary" for |
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358 | | - | internal consistency; in Section 4(c)(1) "or user" was added after |
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359 | | - | "passenger" for consistency with other sections; Section 4(c)(7) |
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360 | | - | "driver's" was changed to "network worker's" for internal consistency; |
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361 | | - | in Section 5 "within" was replaced with "not later than" for consistency |
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362 | | - | with standard drafting conventions; in Section 8(b) "with the" was |
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363 | | - | replaced with "as part of its" for consistency with standard drafting |
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364 | | - | conventions; and in Section 9 "drivers" was changed to "workers" for |
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365 | | - | internal consistency. |
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366 | | - | |
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367 | | - | LAB Joint Favorable Subst. |
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| 347 | + | Statement of Purpose: |
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| 348 | + | To establish reciprocity with neighboring states in order to allow |
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| 349 | + | Connecticut drivers to pick up passengers in such states and to require |
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| 350 | + | network companies to, (1) provide network workers with minimum pay |
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| 351 | + | per trip, (2) provide trip receipts to both workers and passengers, and |
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| 352 | + | (3) pay for other fees incurred during trips. |
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| 353 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 354 | + | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 355 | + | underlined.] |
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