Connecticut 2024 Regular Session

Connecticut House Bill HB05470 Compare Versions

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5-General Assembly Substitute Bill No. 5470
5+General Assembly Raised Bill No. 5470
66 February Session, 2024
7+LCO No. 2638
8+
9+
10+Referred to Committee on LABOR AND PUBLIC EMPLOYEES
11+
12+
13+Introduced by:
14+(LAB)
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11-AN ACT CONCERNING TRANSPORTATION NETWORK COMPANIES
12-AND THIRD-PARTY DELIVERY COMPANIES .
19+AN ACT CONCERNING RIDESHARE AND DELIVERY DRIVER
20+MINIMUM STANDARDS.
1321 Be it enacted by the Senate and House of Representatives in General
1422 Assembly convened:
1523
16-Section 1. Subsection (b) of section 13b-118 of the general statutes is 1
17-repealed and the following is substituted in lieu thereof (Effective July 1, 2
18-2024): 3
19-(b) (1) A transportation network company may charge a fare to a 4
20-transportation network company rider for a prearranged ride provided 5
21-the company discloses such fare to the rider through its digital network: 6
22-(A) The fare or fare calculation method; (B) the applicable rates being 7
23-charged; and (C) an option to receive an estimated fare before a 8
24-prearranged ride. 9
25-(2) [Within a reasonable period of time] Not later than five minutes 10
26-following the completion of a prearranged ride, a transportation 11
27-network company shall transmit, through its digital network, an initial 12
28-electronic receipt to the transportation network company rider on behalf 13
29-of the transportation network company driver that [lists] includes: (A) 14
30-The date and time of the prearranged ride; (B) the origin and destination 15
31-of the prearranged ride; [(B)] (C) the total time and distance of the 16
32-prearranged ride; [and (C)] (D) the first name of the transportation 17
33-network company driver; (E) an itemization of the total fare paid, if any; 18
34-and (F) the compensation paid to such driver for the prearranged ride, 19 Substitute Bill No. 5470
24+Section 1. (NEW) (Effective July 1, 2024) As used in this section, section 1
25+13b-121 of the general statutes and sections 2 to 11, inclusive, 13 and 14 2
26+of this act: 3
27+(1) "Transportation network company" has the same meaning as 4
28+provided in section 13b-116 of the general statutes; 5
29+(2) "Transportation network company worker" means an individual 6
30+who uses a transportation network company vehicle to provide 7
31+prearranged rides; 8
32+(3) "Prearranged ride" has the same meaning as provided in section 9
33+13b-116 of the general statutes; 10
34+(4) "Transportation network company rider" has the same meaning 11
35+as provided in section 13b-116 of the general statutes; 12
36+(5) "Transportation network vehicle" has the same meaning as 13 Raised Bill No. 5470
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39-including all relevant factors used by the transportation network 20
40-company to calculate such compensation. Not later than twenty-four 21
41-hours following the completion of a prearranged ride, a transportation 22
42-network company shall transmit to such rider a finalized electronic 23
43-receipt that includes the information specified in subparagraphs (A) to 24
44-(F), inclusive, of this subdivision. 25
45-(3) No transportation network company driver shall solicit or accept 26
46-cash payments for fares from transportation network company riders. 27
47-Any payment for a prearranged ride shall be made only through the 28
48-transportation network company's digital network. 29
49-(4) (A) For the purposes of this subdivision, "dynamic pricing" means 30
50-offering a prearranged ride at a price that changes according to the 31
51-demand for prearranged rides and availability of transportation 32
52-network company drivers. 33
53-(B) If a transportation network company elects to implement 34
54-dynamic pricing, the transportation network company, through its 35
55-digital network, shall: (i) Provide notice to a potential transportation 36
56-network company rider that dynamic pricing is in effect before a request 37
57-for a prearranged ride may be submitted; (ii) provide a fare estimator 38
58-that enables the potential rider to estimate the cost of such prearranged 39
59-ride under dynamic pricing; and (iii) include a feature that requires the 40
60-potential rider to confirm that he or she understands that dynamic 41
61-pricing will be applied to the cost of such prearranged ride. 42
62-(C) No transportation network company shall increase the price of a 43
63-prearranged ride to more than two and one-half times the usual price 44
64-charged for such prearranged ride in an area which is the subject of any 45
65-disaster emergency declaration issued by the Governor pursuant to 46
66-chapter 517, any transportation emergency declaration issued by the 47
67-Governor pursuant to section 3-6b or any major disaster or emergency 48
68-declaration issued by the President of the United States. 49
69-Sec. 2. (NEW) (Effective July 1, 2024) (a) Not later than five minutes 50
70-following the completion of a prearranged ride, a transportation 51 Substitute Bill No. 5470
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42+provided in section 13b-116 of the general statutes; 14
43+(6) "Third-party delivery company" means a company, corporation, 15
44+partnership, trust, association, sole proprietorship or similar 16
45+organization that operates in this state and uses a digital network to 17
46+connect third-party delivery company workers to third-party delivery 18
47+company users for prearranged deliveries of (A) groceries, food, 19
48+beverages, commercial goods or other items prepared by another entity, 20
49+or (B) food and beverages from not fewer than ten separately owned and 21
50+operated food service establishments; 22
51+(7) "Third-party delivery company worker" means an individual who 23
52+uses a digital network to provide prearranged deliveries; 24
53+(8) "Prearranged delivery" means transport by a third-party delivery 25
54+company worker of items selected by a third-party delivery company 26
55+user, (A) beginning when the third-party delivery company worker 27
56+accepts a request through a digital network from the third-party 28
57+delivery company user to deliver the items to such third-party delivery 29
58+company user, (B) continuing while the third-party delivery company 30
59+worker transports the items, and (C) ending when the items are 31
60+delivered to the location requested by the third-party delivery company 32
61+user; 33
62+(9) "Third-party delivery company user" means an individual who 34
63+uses a digital network to connect with a third-party delivery company 35
64+worker to receive a prearranged delivery of groceries items, such as, 36
65+food, beverages, commercial goods or other items between points 37
66+chosen by the individual; 38
67+(10) "Digital network" has the same meaning as provided in section 39
68+13b-116 of the general statutes; 40
69+(11) "Network company" means a transportation network company 41
70+or a third-party delivery company. "Network company" does not 42
71+include a business entity that maintains a digital network where either 43
72+(A) less than seven and one-half per cent of the services provided on 44 Raised Bill No. 5470
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75-network company shall transmit, through its digital network, an initial 52
76-electronic receipt to the transportation network company driver that 53
77-includes, but need not be limited to: (1) The total time and distance of 54
78-the prearranged ride, (2) the total distance driven by the driver 55
79-beginning when the driver accepted the request from the rider through 56
80-the digital network and ending when the rider entered the 57
81-transportation network company vehicle, (3) the total fare charged to 58
82-the rider, (4) the driver's rate of pay, including, but not limited to, the 59
83-rate per minute, rate per mile, percentage of rider's fare received by the 60
84-driver and any dynamic pricing, as defined in subdivision (4) of 61
85-subsection (b) of section 13b-118 of the general statutes, as amended by 62
86-this act, that was applied to the cost of the prearranged ride, (5) any tips 63
87-or gratuities paid to the driver, (6) the gross payment to the driver, (7) 64
88-the net payment to the driver after the deduction of any fees, tolls, 65
89-surcharges, lease fees or other charges, and (8) an itemization of any 66
90-such deductions. Not later than twenty-four hours following the 67
91-completion of a prearranged ride, a transportation network company 68
92-shall transmit to such driver a finalized electronic receipt that includes 69
93-the information specified in subdivisions (1) to (8), inclusive, of this 70
94-subsection. 71
95-(b) A transportation network company shall maintain a digital copy 72
96-of each initial and finalized electronic receipt transmitted pursuant to 73
97-subsection (a) of this section on its digital network and make such 74
98-receipts available for downloading by the transportation network 75
99-company driver for a period of not less than three years from the date 76
100-of the prearranged ride. 77
101-(c) A transportation network company shall provide, through its 78
102-digital network, a weekly summary to the transportation network 79
103-company driver regarding the prearranged rides completed by such 80
104-driver during the previous week. Such summary shall include, but need 81
105-not be limited to: (1) The total time and distance of the prearranged rides 82
106-completed by the driver during such week, (2) the total amount of fares 83
107-charged to transportation network company riders during such week as 84
108-a result of such prearranged rides, (3) the total amount of tips or 85 Substitute Bill No. 5470
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78+such digital network are rideshare services, or (B) less than ten thousand 45
79+service requests fulfilled on such digital network are for rideshare 46
80+services; 47
81+(12) "Network worker" means an individual who (A) is a 48
82+transportation network company worker or a third-party delivery 49
83+company worker, and (B) provides services for a transportation network 50
84+company or third-party delivery company through a digital network; 51
85+(13) "Passenger transport time" means the period of time during 52
86+which a transportation network worker is actively transporting a 53
87+transportation network rider in the transportation network company 54
88+vehicle; 55
89+(14) "Delivery transport time" means the period of time between the 56
90+(A) third-party delivery company worker's acceptance of a prearranged 57
91+delivery on the digital network, and (B) completion of the prearranged 58
92+delivery by the delivery of items to the third-party delivery company 59
93+users requested location; 60
94+(15) "Dispatch time" means (A) for prearranged rides or prearranged 61
95+deliveries with a single pick-up location or a single drop-off location, 62
96+the period of time a network worker spends traveling from a dispatch 63
97+location to a pick-up location, and (B) for prearranged rides and 64
98+prearranged deliveries with multiple pick-up locations or multiple 65
99+drop-off locations, the time the network worker spends traveling from 66
100+a dispatch location to the first pick-up location. "Dispatch time" does not 67
101+include any time when a passenger cancels a prearranged ride or 68
102+prearranged delivery through the digital network; 69
103+(16) "Dispatch location" means the location of the network worker at 70
104+the time the network worker accepts a prearranged ride or prearranged 71
105+delivery request through the digital network; 72
106+(17) "Active solicitation time" means (A) the period of time a network 73
107+worker spends logged in to the digital network, and (B) if a network 74
108+company logs workers out of the digital network upon completion of a 75 Raised Bill No. 5470
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113-gratuities paid to the diver during such week, (4) the driver's gross 86
114-payment received during such week, itemized by (A) rate per minute, 87
115-including the average rate across all completed prearranged rides, (B) 88
116-rate per mile, including the average rate across all completed 89
117-prearranged rides, and (C) any other method used to calculate pay, 90
118-including, but not limited to, base pay, percentage of the rider's fare or 91
119-any dynamic pricing that was applied to the cost of the prearranged 92
120-ride, (5) the driver's net payment during such week after the deduction 93
121-of any fees, tolls, surcharges, lease fees or other charges, and (6) an 94
122-itemization of any such deductions. 95
123-Sec. 3. Section 13b-116 of the general statutes is repealed and the 96
124-following is substituted in lieu thereof (Effective July 1, 2024): 97
125-As used in this section, [and] sections 13b-117 to 13b-120, inclusive, 98
126-and section 2 of this act: 99
127-(1) "Transportation network company" means a company, 100
128-corporation, partnership, trust, association, sole proprietorship or 101
129-similar organization that operates in this state and uses a digital network 102
130-to connect transportation network company riders to transportation 103
131-network company drivers to provide prearranged rides. 104
132-"Transportation network company" does not include the holder of a 105
133-certificate of public convenience and necessity issued under the 106
134-provisions of section 13b-97 to operate a taxicab or the holder of a permit 107
135-issued under the provision of section 13b-103 to operate a motor vehicle 108
136-in livery service. 109
137-(2) "Transportation network company driver" or "driver" means an 110
138-individual who [is not an employee of a transportation network 111
139-company, but who] uses a transportation network company vehicle to 112
140-provide prearranged rides. 113
141-(3) "Transportation network company rider" or "rider" means an 114
142-individual or individuals who use a digital network to connect with a 115
143-transportation network company driver to receive a prearranged ride 116
144-between points chosen by the individual or individuals. 117 Substitute Bill No. 5470
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114+prearranged ride or prearranged delivery, the period of time a network 76
115+worker spends returning to a location where such worker may solicit 77
116+another prearranged ride or prearranged delivery; 78
117+(18) "Network time" means the total time a network worker spends 79
118+in active solicitation time, dispatch time, passenger transport time or 80
119+delivery transport time and return time; 81
120+(19) "Return time" means the period of time a network worker is 82
121+returning to the state upon completion of a prearranged ride or 83
122+prearranged delivery in a neighboring state without accepting a new 84
123+prearranged ride or prearranged delivery, (A) beginning when the 85
124+network worker completes such prearranged ride or prearranged 86
125+delivery, (B) continuing while the network worker is driving from such 87
126+drop-off location back to the state, and (C) ending when the network 88
127+worker returns to the state; 89
128+(20) "Service level" means the transportation network vehicle or 90
129+transportation network worker level available for transportation 91
130+network company riders to choose from when ordering a prearranged 92
131+ride, including, but not limited to, the ability to request (A) basic 93
132+vehicles, sports utility vehicles, luxury or premium vehicles, and (B) 94
133+transportation network company workers with a higher average rating 95
134+than other transportation network company workers; 96
135+(21) "Trip" means a transportation service where a network worker 97
136+(A) picks up a passenger at a location set up by such passenger and 98
137+delivers such passenger to a different location requested by such 99
138+passenger, or (B) picks up items selected by a user of a digital network 100
139+from a business or private residence and delivers such items to another 101
140+location requested by such user; and 102
141+(22) "Account deactivation" means any practice in which a network 103
142+company restricts access to such network company's digital network for 104
143+a period of at least three days, including, but not limited to, (A) 105
144+preventing a network worker from accessing the network company's 106
145+digital network, or (B) changing a worker's status to ineligible to provide 107 Raised Bill No. 5470
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149-(4) "Potential transportation network company rider" or "potential 118
150-rider" means an individual or individuals who use a digital network to 119
151-request a prearranged ride but have not entered the transportation 120
152-network company vehicle. 121
153-(5) "Digital network" means any online-enabled application, web site 122
154-or system offered or utilized by a transportation network company that 123
155-enables the provision of prearranged rides. 124
156-(6) "Prearranged ride" means transport by a transportation network 125
157-company driver of a transportation network company rider, (A) 126
158-beginning when the driver accepts a request from the rider through a 127
159-digital network, (B) continuing while the driver transports the rider, and 128
160-(C) ending when the last rider exits the transportation network 129
161-company vehicle. 130
162-(7) "Transportation network company vehicle" means a motor vehicle 131
163-as described in subsection (h) of section 13b-119 that is owned, leased or 132
164-otherwise used by a transportation network company driver when the 133
165-driver is connected to a digital network or is engaged in the provision 134
166-of a prearranged ride. 135
167-Sec. 4. (NEW) (Effective July 1, 2024) (a) As used in this section: 136
168-(1) "Third-party delivery company" means a company, corporation, 137
169-partnership, trust, association, sole proprietorship or similar 138
170-organization that operates in this state and uses a digital network to 139
171-connect customers to third-party delivery company drivers to provide 140
172-prearranged deliveries. 141
173-(2) "Third-party delivery company driver" or "driver" means an 142
174-individual who uses the digital network of a third-party delivery 143
175-company to provide prearranged deliveries. 144
176-(3) "Prearranged delivery" means the delivery by a third-party 145
177-delivery company driver of groceries, food, beverages, commercial 146
178-goods or other items prepared by another entity, or food and beverages 147 Substitute Bill No. 5470
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151+prearranged rides or prearranged deliveries. 108
152+Sec. 2. (NEW) (Effective July 1, 2024) (a) On and after July 1, 2024, any 109
153+network company shall provide each network worker with a per-trip 110
154+compensation equivalent to: 111
155+(1) For transportation network company workers, the greater of: 112
156+(A) One dollar and thirty cents per mile traveled by such worker 113
157+during dispatch time and passenger transport time plus sixty cents per 114
158+minute worked by such worker during dispatch time, passenger 115
159+transport time and return time, if any; or 116
160+(B) Eighty-five per cent of the fare charged to a transportation 117
161+network company rider. 118
162+(2) For a third-party delivery service worker, the greater of: 119
163+(A) One dollar and thirty cents per mile traveled by such worker 120
164+during dispatch time and delivery transport time plus sixty cents per 121
165+minute worked by such driver during dispatch time, delivery transport 122
166+time and return time, if any; or 123
167+(B) Eighty-five per cent of the fee charged to the third-party delivery 124
168+company user. 125
169+(b) Not later than September 30, 2024, and annually thereafter, the 126
170+Labor Commissioner shall determine the adjustment to be made to the 127
171+network worker minimum pay set forth in subsection (a) of this section. 128
172+In determining such adjustment the commissioner shall consider the 129
173+current (1) rate of inflation, (2) consumer price index for urban wage 130
174+earners and clerical workers, (3) price per gallon for gasoline or other 131
175+fuel in the state, and (4) rate to charge electric vehicles in the state. The 132
176+commissioner shall submit a report, in accordance with the provisions 133
177+of section 11-4a of the general statutes, of the results of such examination 134
178+and any recommendations for legislation to the joint standing 135
179+committees of the General Assembly having cognizance of matters 136
180+relating to labor and public employees. 137 Raised Bill No. 5470
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183-from not fewer than ten separately owned and operated food service 148
184-establishments, (A) beginning when the driver accepts a request from 149
185-the customer through a digital network, (B) continuing while the driver 150
186-transports the groceries, food, beverages, commercial goods or other 151
187-items, and (C) ending when the driver delivers the groceries, food, 152
188-beverages, commercial goods or other items to the location requested by 153
189-the customer. 154
190-(4) "Food service establishment" has the same meaning as provided 155
191-in section 21a-62b of the general statutes. 156
192-(5) "Digital network" means any online-enabled application, web site 157
193-or system offered or utilized by a third-party delivery company that 158
194-enables the provision of prearranged deliveries. 159
195-(6) "Dynamic pricing" means offering a prearranged delivery at a 160
196-price that changes according to the demand for prearranged deliveries 161
197-and availability of third-party delivery company drivers. 162
198-(b) Not later than five minutes following the completion of a 163
199-prearranged delivery, a third-party delivery company shall transmit, 164
200-through its digital network, an initial electronic receipt to the customer 165
201-on behalf of the third-party delivery company driver that includes an 166
202-estimation of: (1) The date and time of the prearranged delivery, (2) the 167
203-origin and destination of the prearranged delivery, (3) the total time and 168
204-distance of the prearranged delivery, (4) the first name of the third-party 169
205-delivery company driver, (5) an itemization of the total cost of such 170
206-prearranged delivery, and (6) the compensation paid to such driver for 171
207-the prearranged delivery, including all relevant factors used by the 172
208-third-party delivery company to calculate such compensation. Not later 173
209-than twenty-four hours following the completion of a prearranged 174
210-delivery, a third-party delivery company shall transmit to such 175
211-customer a finalized electronic receipt that includes the information 176
212-specified in subdivisions (1) to (6), inclusive, of this subsection. 177
213-(c) Not later than five minutes following the completion of a 178
214-prearranged delivery, a third-party delivery company shall transmit, 179 Substitute Bill No. 5470
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186+Sec. 3. (NEW) (Effective July 1, 2024) (a) A network company shall 138
187+reimburse a network worker for (1) any fees incurred by such network 139
188+worker for general wear and tear to a transportation network company 140
189+vehicle, including, but not limited to, any damage to such vehicle by 141
190+transportation network company riders and any cleaning fees incurred, 142
191+and (2) any fees and tolls incurred by such network worker while 143
192+traveling between states. 144
193+(b) A network company shall provide mileage reimbursement to 145
194+network workers at a rate to be established by the Labor Commissioner. 146
195+On and after July 1, 2024, and until the commissioner establishes 147
196+reimbursement rates pursuant to this subsection, the mileage 148
197+reimbursement standard for such network workers shall be (1) for a 149
198+network worker's active solicitation time, the standard mileage rate 150
199+established by the Internal Revenue Service, and (2) for all miles driven 151
200+by a network worker during passenger transport time or delivery 152
201+transport time, one hundred fifty per cent of such standard mileage rate. 153
202+(c) For any premium a transportation network company charges to a 154
203+transportation network company rider for a higher service level, one 155
204+hundred per cent of such premium shall be provided to the 156
205+transportation network worker. 157
206+Sec. 4. (NEW) (Effective July 1, 2024) (a) If a transportation network 158
207+company rider or a third-party delivery company user cancels a 159
208+prearranged ride or prearranged delivery after a network worker has 160
209+begun dispatch time, a network company shall (1) provide a per-trip 161
210+compensation to such network worker that is in accordance with the 162
211+provisions of section 2 of this act for any miles traveled and time worked 163
212+by such network worker from the acceptance of such prearranged ride 164
213+or prearranged delivery until cancellation of such prearranged ride or 165
214+prearranged delivery, and (2) reimburse such network worker for any 166
215+tolls or other fees incurred by such network worker from the acceptance 167
216+of such prearranged ride or prearranged delivery until cancellation of 168
217+such prearranged ride or prearranged delivery in accordance with the 169
218+provisions of subdivision (2) of subsection (a) of section 3 of this act. 170 Raised Bill No. 5470
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219-through its digital network, an initial electronic receipt to the third-party 180
220-delivery company driver that includes, but need not be limited to: (1) 181
221-The total time and distance of the prearranged delivery, (2) the total 182
222-distance driven by the driver beginning when the driver accepted the 183
223-request from the customer through the digital network and ending 184
224-when the driver picked up the groceries, food, beverages, commercial 185
225-goods or other items to be delivered, (3) the total cost of such 186
226-prearranged delivery charged to the customer, (4) the driver's rate of 187
227-pay, including, but not limited to, the rate per minute, rate per mile, 188
228-percentage of the cost of the prearranged delivery received by the driver 189
229-and any dynamic pricing that was applied to the cost of the prearranged 190
230-delivery, (5) any tips or gratuities paid to the driver, (6) the gross 191
231-payment to the driver, (7) the net payment to the driver after the 192
232-deduction of any fees, tolls, surcharges, lease fees or other charges, and 193
233-(8) an itemization of any such deductions. Not later than twenty-four 194
234-hours following the completion of a prearranged delivery, a third-party 195
235-delivery company shall transmit a finalized electronic receipt to such 196
236-driver with the information specified in subdivisions (1) to (8), inclusive, 197
237-of this subsection. 198
238-(d) A third-party delivery company shall maintain a digital copy of 199
239-each initial and finalized electronic receipt transmitted pursuant to 200
240-subsection (c) of this section on its digital network and make such 201
241-receipts available for downloading by the third-party delivery company 202
242-driver for a period of not less than three years from the date of the 203
243-prearranged delivery. 204
244-(e) A third-party delivery company shall provide, through its digital 205
245-network, a weekly summary to the third-party delivery company driver 206
246-regarding the prearranged deliveries completed by such driver during 207
247-the previous week. Such summary shall include, but need not be limited 208
248-to: (1) The total time and distance of the prearranged deliveries 209
249-completed by the driver during such week, (2) the total amount of fares 210
250-charged to customers during such week as a result of such prearranged 211
251-deliveries, (3) the total amount of tips or gratuities paid to the driver 212
252-during such week, (4) the driver's gross payment received during such 213 Substitute Bill No. 5470
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224+(b) No network company shall permit a transportation network 171
225+passenger or third-party delivery company user to cancel any gratuity 172
226+that has been promised to a network worker through the digital network 173
227+for any prearranged ride or prearranged delivery. 174
228+Sec. 5. (NEW) (Effective July 1, 2024) (a) (1) Not later than five minutes 175
229+after the completion of a prearranged ride or a prearranged delivery, a 176
230+network company shall transmit an initial electronic receipt to the 177
231+network worker for such prearranged ride or prearranged delivery. 178
232+(2) Not later than twenty-four hours after the completion of a 179
233+prearranged ride or prearranged delivery, a network company shall 180
234+transmit a finalized electronic receipt to a network worker for such 181
235+prearranged ride or prearranged delivery. 182
236+(b) The initial electronic receipt and the finalized electronic receipt 183
237+shall include, but need not be limited to, the following information: (1) 184
238+The total amount of transportation network rider or third-party delivery 185
239+company user network time for such ride, (2) the total mileage driven 186
240+by the network worker during network time, (3) the total mileage driven 187
241+during passenger transport time or delivery transport time, (4) the fare 188
242+or fee charged to the transportation network company rider or third-189
243+party delivery user, (5) the rate of pay of the network worker, (6) any 190
244+gratuities provided to the network worker by a transportation network 191
245+company rider or a third-party delivery company user, (7) the gross 192
246+payment received by the network worker, (8) the net payment received 193
247+by the network worker after deductions, fees, tolls, surcharges, lease 194
248+fees or other charges, and (9) itemized deductions or fees, including any 195
249+tolls, surcharges, commissions, lease fees and other charges. 196
250+(c) Each network company shall maintain a digital copy of each initial 197
251+electronic receipt and each finalized electronic receipt for a period of not 198
252+less than three years after such electronic receipts are transmitted to a 199
253+network worker. Each network company shall make such receipts 200
254+available for download by such network worker. 201
255+(d) On a weekly basis, each network company shall provide each 202 Raised Bill No. 5470
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255-LCO 8 of 9
256258
257-week, itemized by (A) rate per minute, including the average rate across 214
258-all completed prearranged deliveries, (B) rate per mile, including the 215
259-average rate across all completed prearranged deliveries, and (C) any 216
260-other method used to calculate pay, including, but not limited to, base 217
261-pay, the percentage of the cost of the prearranged delivery received by 218
262-the driver or any dynamic pricing that was applied to the cost of the 219
263-prearranged delivery, (5) the driver's net payment during such week 220
264-after the deduction of any fees, tolls, surcharges, lease fees or other 221
265-charges, and (6) an itemization of any such deductions. 222
266-Sec. 5. (Effective from passage) (a) For the purposes of this section, 223
267-"transportation network company driver" and "prearranged ride" have 224
268-the same meanings as provided in section 13b-116 of the general 225
269-statutes, as amended by this act. 226
270-(b) The Commissioner of Transportation shall negotiate and enter 227
271-into a memorandum of understanding with the proper authorities of the 228
272-states of New York, Massachusetts, Rhode Island and New Jersey to 229
273-establish a regional approach to permitting a transportation network 230
274-company driver who possesses a motor vehicle operator's license in one 231
275-state to provide a prearranged ride that originates in a different state. 232
276-Not later than January 1, 2025, the commissioner shall report, in 233
277-accordance with the provisions of section 11-4a of the general statutes, 234
278-to the joint standing committee of the General Assembly having 235
279-cognizance of matters relating to transportation on the results of such 236
280-negotiations and any legislation needed to implement such regional 237
281-approach. 238
259+LCO No. 2638 8 of 16
260+
261+network worker with a weekly summary of the prearranged rides or 203
262+prearranged deliveries such network worker made during the previous 204
263+week. Such summary shall contain the following information: (1) The 205
264+network worker's total transportation network company rider or third-206
265+party delivery company user network time for the week, (2) the total 207
266+mileage driven by the network worker during such network time for the 208
267+week, (3) the total amount of fares or fees charged to transportation 209
268+network company riders or third-party delivery company users for 210
269+prearranged rides or prearranged deliveries completed by such network 211
270+worker during the week, (4) the total amount of gratuities provided to 212
271+the network worker for the week, (5) the network worker's gross 213
272+compensation for the week itemized by (A) rate per minute, including 214
273+the average rate across all prearranged rides or prearranged deliveries 215
274+for the week, (B) rate per mile, including the average rate across all 216
275+prearranged rides or prearranged deliveries for the week, and (C) any 217
276+other method used to calculate compensation, including, but not limited 218
277+to, base pay, percentage of passenger fare or any applicable price 219
278+multiplier or variable pricing policy in effect for the trip, (6) the network 220
279+worker's total net pay for the week after deductions, fees, tolls, 221
280+surcharges, lease fees or other charges, and (7) the itemized deductions 222
281+or fees from the driver's payment, including all tolls, surcharges, 223
282+commissions, lease fees and other charges incurred for the week. 224
283+Sec. 6. (NEW) (Effective July 1, 2024) (a) (1) Not later than five minutes 225
284+after the completion of a prearranged ride or a prearranged delivery a 226
285+network company shall transmit an initial electronic receipt to the 227
286+transportation network company rider or the third-party delivery 228
287+company user that requested such prearranged ride or prearranged 229
288+delivery. 230
289+(2) Not later than twenty-four hours after the completion of a 231
290+prearranged ride or prearranged delivery a network company shall 232
291+transmit a finalized electronic receipt to the transportation network 233
292+company rider or third-party delivery company user that requested 234
293+such prearranged ride or prearranged delivery. 235 Raised Bill No. 5470
294+
295+
296+
297+LCO No. 2638 9 of 16
298+
299+(b) The initial electronic receipt and the finalized electronic receipt 236
300+shall list the following information: (1) The date and time of the trip, (2) 237
301+the transportation network company rider prearranged ride pick-up 238
302+location or third-party delivery company user prearranged delivery 239
303+pick-up location, (3) the transportation network company rider 240
304+prearranged ride drop-off location or third-party delivery company 241
305+user prearranged delivery drop-off location, (4) the total duration and 242
306+distance of the prearranged ride or prearranged delivery, (5) the 243
307+network worker's first name, (6) the total fare or fee paid for the 244
308+prearranged ride or prearranged delivery, itemizing all charges and 245
309+fees, and (7) the total compensation paid to the network worker, 246
310+including all relevant factors contributing to compensation. 247
311+Sec. 7. (NEW) (Effective July 1, 2024) (a) No network company shall 248
312+implement account deactivation practices against a network worker 249
313+who has completed such network company's probationary period, 250
314+except where wilful misconduct has occurred or such network company 251
315+has a bona fide economic reason. For purposes of this subsection "wilful 252
316+misconduct" means deliberate misconduct or wilful disregard by a 253
317+network worker of the network company's interest, or a single knowing 254
318+violation by a network worker of a reasonable and uniformly enforced 255
319+rule or policy of the network company, when reasonably applied, 256
320+provided such violation is not a result of the network worker's 257
321+incompetence. 258
322+(b) Any network worker aggrieved by a violation of this section may 259
323+file a complaint with the Labor Commissioner alleging violation of the 260
324+provisions of subsection (a) of this section. Upon receipt of any such 261
325+complaint the commissioner shall hold a hearing. After the hearing, the 262
326+commissioner shall send each party a written copy of the 263
327+commissioner's decision. The commissioner may award the network 264
328+worker all appropriate relief including reinstatement of the network 265
329+worker's access to the digital network, payment of back wages and 266
330+reestablishment of employee benefits to which such network worker 267
331+otherwise would have been eligible if such network worker had not 268
332+been subject to account deactivation. In addition, the commissioner may 269 Raised Bill No. 5470
333+
334+
335+
336+LCO No. 2638 10 of 16
337+
338+assess a civil penalty against a network company of not more than one 270
339+thousand dollars for each violation of this section. Any party aggrieved 271
340+by the decision of the commissioner may appeal the decision to the 272
341+Superior Court in accordance with the provisions of chapter 54 of the 273
342+general statutes. 274
343+Sec. 8. (NEW) (Effective July 1, 2024) (a) Not later than January 1, 2025, 275
344+and annually thereafter, each network company shall register with the 276
345+Labor Department, in a form and manner prescribed by the Labor 277
346+Commissioner. Such registration shall include (1) the network 278
347+company's name, business address and telephone number, (2) if the 279
348+network company is registered in another state, the name, address and 280
349+telephone number of the company's agent for service of process in this 281
350+state, (3) the name, address and telephone number of a person at the 282
351+network company who will serve as the main contact for the 283
352+commissioner, (4) information sufficient to demonstrate that the 284
353+network company is in compliance with the provisions of this section 285
354+and sections 1 to 7, inclusive, of this act, and any regulations adopted 286
355+pursuant to section 9 of this act, and (5) prearranged ride or prearranged 287
356+delivery and revenue data described in subsection (b) of this section. 288
357+(b) Each network company shall submit trip and revenue data with 289
358+the annual registration that includes: 290
359+(1) For each prearranged ride or prearranged delivery dispatch by the 291
360+network company, (A) the motor vehicle license plate number used by 292
361+a network worker to complete such prearranged ride or prearranged 293
362+delivery, (B) the date, time and location in which either the 294
363+transportation network company rider or the prearranged delivery was 295
364+picked up by a network worker, and the date, time and location in which 296
365+such transportation network company rider or prearranged delivery 297
366+was subsequently dropped off by such network worker, (C) the total 298
367+number of transportation network company riders or prearranged 299
368+deliveries picked up by a network worker from the location described 300
369+in subparagraph (B) of this subdivision, (D) the total mileage driven by 301
370+the network worker during such prearranged ride or prearranged 302 Raised Bill No. 5470
371+
372+
373+
374+LCO No. 2638 11 of 16
375+
376+delivery, (E) the date and time such prearranged ride or prearranged 303
377+delivery was requested by the transportation network company rider or 304
378+third-party delivery company user, (F) the total number of stops and 305
379+deliveries made during such prearranged ride or prearranged delivery, 306
380+and (G) an itemized fare for such prearranged ride or prearranged 307
381+delivery, including, (i) the amount of the fare, (ii) any toll, surcharge, 308
382+commission rate or other deduction, (iii) any gratuity, and (iv) a 309
383+breakdown of the amount the transportation network company rider or 310
384+third-party delivery company user paid for the prearranged ride or 311
385+prearranged delivery; 312
386+(2) The total payment, or hourly paid rate, each network worker 313
387+received for each prearranged ride or prearranged delivery that such 314
388+network worker completed; 315
389+(3) The total amount of time each network worker is connected to the 316
390+digital network each day; and 317
391+(4) The total amount of time spent by each network worker (A) in 318
392+passenger transport time or delivery transport time, (B) in dispatch time, 319
393+and (C) between trips not traveling to pick up a transportation network 320
394+company rider or prearranged delivery. 321
395+(c) Each network company shall submit a nonrefundable registration 322
396+fee with its registration in an amount determined by the Labor 323
397+Commissioner. Such registration fee shall be sufficient to cover all cost 324
398+incurred by the Labor Department in carrying out the requirements of 325
399+this section. 326
400+(d) If a network company needs to amend any information contained 327
401+in its registration that is incorrect or needs to be changed, such network 328
402+company shall amend its registration by submitting an amendment to 329
403+the department, in a form and manner prescribed by the Labor 330
404+Commissioner, not later than thirty days after such network company 331
405+discovers or reasonably should have known of such change. 332
406+(e) Any personally and identifiable information or data included in a 333 Raised Bill No. 5470
407+
408+
409+
410+LCO No. 2638 12 of 16
411+
412+network company's registration pursuant to subsection (a) of this 334
413+section shall not be subject to disclosure under section 1-210 of the 335
414+general statutes, except the Labor Commissioner shall make redacted 336
415+versions of such data available on the Labor Department's Internet web 337
416+site. 338
417+Sec. 9. (NEW) (Effective July 1, 2024) The Labor Commissioner may 339
418+adopt regulations in accordance with chapter 54 of the general statutes 340
419+to implement the provisions of sections 1 to 8, inclusive, of this act. 341
420+Sec. 10. (NEW) (Effective July 1, 2024) (a) Any network worker 342
421+aggrieved by a violation of section 1 or 4 of this act may bring a civil 343
422+action in the Superior Court to recover damages, civil penalties and such 344
423+equitable and injunctive relief as the court deems appropriate. Any 345
424+individual who prevails in such civil action may be awarded attorney's 346
425+fees and costs to be taxed by the court. 347
426+(b) In addition to any relief provided by the court pursuant to 348
427+subsection (a) of this section, any network company that knowingly 349
428+violates any provision of sections 1 to 4, inclusive, of this act shall be 350
429+liable to the affected network worker in the amount of one hundred 351
430+dollars per violation. 352
431+Sec. 11. (NEW) (Effective July 1, 2024) There is established an account 353
432+to be known as the "network company account" which shall be a 354
433+separate, nonlapsing account within the General Fund. The account 355
434+shall contain any moneys required by law to be deposited in the account. 356
435+Moneys in the account shall be expended by the Labor Commissioner 357
436+for the purposes of enforcing provisions of sections 1 to 8, inclusive, of 358
437+this act. 359
438+Sec. 12. Section 13b-121 of the general statutes is repealed and the 360
439+following is substituted in lieu thereof (Effective July 1, 2024): 361
440+(a) As used in this section, "transportation network company" and 362
441+"prearranged ride" have the same meanings as provided in section 13b-363
442+116. 364 Raised Bill No. 5470
443+
444+
445+
446+LCO No. 2638 13 of 16
447+
448+(b) Each transportation network company shall pay a fee of [thirty] 365
449+forty-five cents on each prearranged ride that originates in this state. 366
450+(c) On or before the last day of the month next succeeding each 367
451+calendar quarter, each transportation network company shall: (1) File a 368
452+return electronically for the preceding period with the Commissioner of 369
453+Revenue Services on such forms as the commissioner may prescribe; 370
454+and (2) make payment of the fees required under subsection (b) of this 371
455+section by electronic funds transfer in the manner provided by chapter 372
456+228g. Any document received and maintained by the commissioner 373
457+with respect to a transportation network company shall be return 374
458+information, as defined in section 12-15, and shall not be subject to 375
459+disclosure under the Freedom of Information Act, as defined in section 376
460+1-200. 377
461+(d) Any fees due and unpaid under this section shall be subject to the 378
462+penalties and interest established in section 12-547 and the amount of 379
463+such fee, penalty or interest, due and unpaid, may be collected under 380
464+the provisions of section 12-35 as if they were taxes due to the state. 381
465+(e) The provisions of sections 12-548, 12-550 to 12-554, inclusive, and 382
466+12-555b shall apply to the provisions of this section in the same manner 383
467+and with the same force and effect as if the language of said sections had 384
468+been incorporated in full into this section and had expressly referred to 385
469+the fee imposed under this section, except to the extent that any such 386
470+provision is inconsistent with a provision of this section. 387
471+(f) Any fees received under this section shall be deposited as follows: 388
472+(1) Sixty-seven per cent of such payments shall be deposited into the 389
473+General Fund, and (2) thirty-three per cent of such payments shall be 390
474+deposited into the network company account established pursuant to 391
475+section 11 of this act. For revenue reporting purposes only, the 392
476+Commissioner of Revenue Services shall include any such fees with the 393
477+revenue reported under chapter 225. 394
478+(g) The Commissioner of Revenue Services, in consultation with the 395
479+Commissioner of Transportation, may adopt regulations in accordance 396 Raised Bill No. 5470
480+
481+
482+
483+LCO No. 2638 14 of 16
484+
485+with the provisions of chapter 54, to carry out the provisions of this 397
486+section. 398
487+Sec. 13. (NEW) (Effective July 1, 2024) (a) Each third-party delivery 399
488+company shall pay a fee of fifteen cents on each prearranged delivery 400
489+that originates in this state. 401
490+(b) On or before the last day of the month next succeeding each 402
491+calendar quarter, each transportation network company shall: (1) File a 403
492+return electronically, for the preceding period, with the Commissioner 404
493+of Revenue Services on such forms as the commissioner may prescribe; 405
494+and (2) make payment of the fees required under subsection (a) of this 406
495+section by electronic funds transfer in the manner provided by chapter 407
496+228g of the general statutes. Any document received and maintained by 408
497+the commissioner, with respect to a transportation network company, 409
498+shall return such information, as defined in section 12-15 of the general 410
499+statutes, and shall not be subject to disclosure under the Freedom of 411
500+Information Act, as defined in section 1-200 of the general statutes. 412
501+(c) Any fees due and unpaid under this section shall be subject to the 413
502+penalties and interest established in section 12-547 of the general 414
503+statutes and the amount of such fee, penalty or interest, due and unpaid, 415
504+may be collected under the provisions of section 12-35 of the general 416
505+statutes as if they were taxes due to the state. 417
506+(d) The provisions of sections 12-548, 12-550 to 12-554, inclusive, and 418
507+12-555b of the general statutes shall apply to the provisions of this 419
508+section in the same manner and with the same force and effect as if the 420
509+language of said sections had been incorporated in full into this section 421
510+and had expressly referred to the fee imposed under this section, except 422
511+to the extent that any such provision is inconsistent with a provision of 423
512+this section. 424
513+(e) Any fees received under this section shall be deposited into the 425
514+network company account established pursuant to section 11 of this act. 426
515+For revenue reporting purposes only, the Commissioner of Revenue 427
516+Services shall include any such fees with the revenue reported under 428 Raised Bill No. 5470
517+
518+
519+
520+LCO No. 2638 15 of 16
521+
522+chapter 225 of the general statutes. 429
523+(f) The Commissioner of Revenue Services, in consultation with the 430
524+Labor Commissioner, may adopt regulations in accordance with the 431
525+provisions of chapter 54 of the general statutes to carry out the 432
526+provisions of this section. 433
527+Sec. 14. (NEW) (Effective July 1, 2024) (a) Not later than January 1, 434
528+2024, the Commissioner of Transportation shall communicate with the 435
529+chief transportation officials of New York, Massachusetts, Rhode Island 436
530+and New Jersey to establish a reciprocity agreement for the purposes of 437
531+allowing Connecticut network workers to pick up passengers in such 438
532+other states and to allow network drivers of such other states to pick up 439
533+passengers in Connecticut. 440
534+(b) No network worker for a network company registered in another 441
535+state shall pick up a passenger in this state unless the commissioner has 442
536+established a reciprocity agreement with the state in which such 443
537+network company is registered. 444
538+(c) No network company that prohibits network workers in this state 445
539+from accepting prearranged rides or prearranged deliveries in another 446
540+state after completing a prearranged ride or prearranged delivery that 447
541+has a drop-off or delivery location that is outside of the state shall 448
542+receive a registration under section 13b-117 of the general statutes, 449
543+except where such prohibition is due to the law of another state or a 450
544+municipal law. 451
282545 This act shall take effect as follows and shall amend the following
283546 sections:
284547
285-Section 1 July 1, 2024 13b-118(b)
548+Section 1 July 1, 2024 New section
286549 Sec. 2 July 1, 2024 New section
287-Sec. 3 July 1, 2024 13b-116
550+Sec. 3 July 1, 2024 New section
288551 Sec. 4 July 1, 2024 New section
289-Sec. 5 from passage New section
290- Substitute Bill No. 5470
552+Sec. 5 July 1, 2024 New section
553+Sec. 6 July 1, 2024 New section
554+Sec. 7 July 1, 2024 New section Raised Bill No. 5470
291555
292556
293-LCO 9 of 9
294557
295-Statement of Legislative Commissioners:
296-In Sections 2(b) and 4(d) "not less than" was added before "three years"
297-for conformity with standard drafting conventions.
558+LCO No. 2638 16 of 16
298559
299-LAB Joint Favorable Subst.
560+Sec. 8 July 1, 2024 New section
561+Sec. 9 July 1, 2024 New section
562+Sec. 10 July 1, 2024 New section
563+Sec. 11 July 1, 2024 New section
564+Sec. 12 July 1, 2024 13b-121
565+Sec. 13 July 1, 2024 New section
566+Sec. 14 July 1, 2024 New section
567+
568+Statement of Purpose:
569+To (1) establish minimum compensation and working conditions
570+standards for network workers in the state, and (2) require the
571+Commissioner of Transportation to establish a reciprocity agreement
572+with neighboring states to allow network workers to pick up passengers
573+and deliveries across state lines.
574+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
575+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
576+underlined.]
300577