EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. Italics indicate opposite chamber/conference committee amendments. *hb0861* HOUSE BILL 861 C5 (5lr1856) ENROLLED BILL — Economic Matters/Finance — Introduced by Delegate Stewart Read and Examined by Proofreaders: _______________________________________________ Proofreader. _______________________________________________ Proofreader. Sealed with the Great Seal and presented to the Governor, for his approval this _______ day of _______________ at _________________ _______ o’clock, ________M. ______________________________________________ Speaker. CHAPTER ______ AN ACT concerning 1 Transportation Network Companies – Itemized Receipts Weekly Fare and 2 Earnings Summary and Operator Data Reporting 3 FOR the purpose of requiring a transportation network company to provide an each 4 operator and a passenger an itemized digital receipt that contains certain 5 information as soon as practicable after the operator provides transportation 6 network services to the passenger with a weekly fare and earnings summary; 7 requiring a transportation network company to report, on or before a certain date 8 each year, certain information to the Public Service Commission; and generally 9 relating to transportation network companies. 10 BY repealing and reenacting, without amendments, 11 Article – Public Utilities 12 Section 10–101(a), (l), (m), and (n) and 10–401(a) and (c) 13 Annotated Code of Maryland 14 2 HOUSE BILL 861 (2020 Replacement Volume and 2024 Supplement) 1 BY adding to 2 Article – Public Utilities 3 Section 10–403.2 and 10–409 4 Annotated Code of Maryland 5 (2020 Replacement Volume and 2024 Supplement) 6 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7 That the Laws of Maryland read as follows: 8 Article – Public Utilities 9 10–101. 10 (a) In this title the following words have the meanings indicated. 11 (l) “Transportation network company” means a company that operates in the 12 State using a digital network to connect passengers to transportation network operators or 13 transportation network partners for transportation network services. 14 (m) “Transportation network operator”, “transportation network partner”, or 15 “transportation network driver” means an individual who: 16 (1) has been issued a transportation network operator’s license, or is 17 otherwise authorized, by the Commission to provide transportation network services; 18 (2) receives, through a transportation network company’s digital network 19 application, a connection to a potential passenger to transport the passenger between 20 points chosen by the passenger in exchange for the payment of a fee to the transportation 21 network company; and 22 (3) uses a motor vehicle that is owned, leased, or otherwise authorized for 23 use by the individual and is approved for use in providing transportation network services 24 by the Commission. 25 (n) (1) “Transportation network services” means the activities of an operator 26 during: 27 (i) transportation network coverage period one, during which the 28 operator is logged onto and ready to accept a prearranged ride request made through a 29 transportation network company’s digital network application; 30 (ii) transportation network coverage period two, during which the 31 operator accepts a ride request from a passenger that is prearranged through a 32 transportation network company’s digital network application, and is traveling to a 33 predetermined location to pick up the passenger; and 34 HOUSE BILL 861 3 (iii) transportation network coverage period three, during which the 1 operator transports the passenger and continuing until the passenger departs the motor 2 vehicle. 3 (2) “Transportation network services” does not include: 4 (i) providing taxicab services, sedan services, or limousine services; 5 (ii) any shared expense carpool arrangement or service or other type 6 of arrangement or service in which a driver receives a fee that does not exceed the driver’s 7 costs associated with providing a ride; or 8 (iii) transportation services that a nonprofit organization provides 9 through the use of a volunteer driver and the volunteer driver’s personal vehicle. 10 10–401. 11 (a) In this subtitle the following words have the meanings indicated. 12 (c) “Operator” means a transportation network operator, transportation network 13 partner, or transportation network driver. 14 10–403.2. 15 (A) A TRANSPORTATION NETWO RK COMPANY SHALL PROVID E EACH 16 OPERATOR WITH A WEEK LY FARE AND EARNINGS SUMMARY THAT INCLUDE S: 17 (1) THE TOTAL FARES COLL ECTED BY THE OPERATOR 18 TRANSPORTATION NETWO RK COMPANY FOR THE TRANSPORTATI ON NETWORK 19 SERVICES PROVIDED BY THE COMPANY ’S OPERATORS IN A GIVEN WEEK; 20 (2) THE TOTAL AMOUNT OF ANY ADDITIONAL FEES THAT WERE 21 CHARGED TO PASSENGER S BY THE TRANSPORTAT ION NETWORK COMPANY FOR THE 22 TRANSPORTATION NETWO RK SERVICES PROVIDED BY THE COMPANY ’S OPERATORS 23 IN A GIVEN WEEK; 24 (2) (3) THE TOTAL AMOUNT THE OPERATOR EARNED THAT WEEK; 25 AND 26 (3) (4) THE TOTAL AMOUNT THE OPERATOR EARNED FROM THE 27 TOTAL FARES COLLECTE D THAT WEEK , EXPRESSED AS A PERCE NTAGE OF THE 28 TOTAL FARES COLLECTE D; AND 29 4 HOUSE BILL 861 (5) THE TOTAL AMOUNT THE OPERATOR EARNED FROM THE 1 ADDITIONAL FEES SPEC IFIED IN ITEM (1) OF THIS SUBSECTION THAT WERE 2 COLLECTED THAT WEEK , EXPRESSED AS A PERCE NTAGE OF THE TOTAL A DDITIONAL 3 FEES CHARGED . 4 (B) A TRANSPORTATION NETWO RK COMPANY MAY INCLU DE IN THE WEEKLY 5 FARE AND EARNINGS SU MMARY REQUIRED UNDER SUBSECTION (A) OF THIS 6 SECTION: 7 (1) ANY ADDITIONAL INFOR MATION THE COMPANY C ONSIDERS 8 APPROPRIATE ; OR 9 (2) AMOUNTS EARNED BY AN OPERATOR OTHER THAN AMOUNTS 10 EARNED FROM PROVIDIN G TRANSPORTATION NET WORK SERVICES. 11 (A) AS SOON AS PRACTICABL E AFTER AN OPERATOR PROVIDES 12 TRANSPORTATION NETWO RK SERVICES TO A PAS SENGER, A TRANSPORTATION 13 NETWORK COMPANY SHAL L PROVIDE THE OPERAT OR AND PASSENGER ACC ESS TO 14 AN ITEMIZED DIGITAL RECEIPT THAT INCLUDE S: 15 (1) THE AMOUNT THAT THE PASS ENGER PAID FOR THE 16 TRANSPORTATION NETWO RK SERVICES; 17 (2) THE AMOUNT THAT THE OPERATOR WILL RECEIV E FROM THE 18 AMOUNT PAID UNDER IT EM (1) OF THIS SUBSECTION ; AND 19 (3) THE FINAL AMOUNT OF ANY ADDITIONAL FEES THAT ARE 20 CHARGED TO THE PASS ENGER BY THE TRANSPO RTATION NETWORK COMP ANY. 21 (B) THE TRANSPORTATION NE TWORK COMPANY SHALL MAKE THE RECEIPT 22 REQUIRED UNDER SUBSE CTION (A) OF THIS SECTION AVAI LABLE TO THE OPERATO R 23 ON THE COMPANY ’S DIGITAL NETWORK AP PLICATION. 24 10–409. 25 (A) (1) ON OR BEFO RE FEBRUARY 1 EACH YEAR, A TRANSPORTATION 26 NETWORK COMPANY SHAL L REPORT TO THE COMMISSION THE FOLLOW ING 27 INFORMATION IN AN AGGREGATED FOR MAT FOR THE PRIOR YEAR : 28 (1) THE AVERAGE FARE COL LECTED FROM PASSENGE RS IN THE 29 STATE; 30 HOUSE BILL 861 5 (2) THE TOTAL TIME DRIVE N BY OPERATORS WHILE PROV IDING 1 IN–STATE TRANSPORTATION NETWO RK SERVICES IN THE STATE FOR THE 2 TRANSPORTATION NETWO RK COMPANY; AND 3 (3) THE TOTAL AMOUNT EAR NED BY OPERATORS FOR PROVIDING 4 IN–STATE TRANSPORTATION NETWO RK SERVICES IN THE STATE FOR THE 5 TRANSPORTATION NETWO RK COMPANY. 6 (B) ANY INFORMATION OBTAI NED BY THE COMMISSION UNDER THIS 7 SECTION THAT IS NOT OTHERWISE PUBLICLY A VAILABLE: 8 (1) IS CONSIDERED: 9 (I) A TRADE SECRET ; AND 10 (II) CONFIDENTIAL AND PRO PRIETARY INFORMATION ; AND 11 (2) IS NOT SUBJECT TO DI SCLOSURE UNDER THE PUBLIC 12 INFORMATION ACT. 13 (C) THE REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION MAY 14 BE MADE AVAILABLE TO THE GENERAL ASSEMBLY ON REQUEST , PROVIDED THAT 15 THE REPORT REMAIN CO NFIDENTIAL AND EXEMP T FROM PUBLIC DISC LOSURE. 16 (I) THE TOTAL NUMBER OF OPERATORS THAT : 17 1. WERE AUTHORIZED TO T RANSPORT PASSENGERS 18 USING THE TRANSPORTA TION NETWORK COMPANY ’S DIGITAL NETWORK 19 APPLICATION; 20 2. PROVIDED TRANSPORTAT ION NETWORK SERVICES 21 FOR THE TRANSPORTATI ON NETWORK COM PANY ON A FULL –TIME OR PART–TIME 22 BASIS; AND 23 3. PROVIDED MORE THAN 40 HOURS OF 24 TRANSPORTATION NETWO RK SERVICES FOR THE TRANSPORTATION NETWO RK 25 COMPANY EACH WEEK ; 26 (II) THE MEDIAN AMOUNT PA ID TO THE TRANSPORTA TION 27 NETWORK COMPANY ’S OPERATORS; AND 28 (III) DEMOGRAPHIC DATA FOR THE TRANSPORTATION N ETWORK 29 COMPANY’S OPERATORS , INCLUDING DEMOGRAPHI C DATA FOR OPERATORS WHO 30 6 HOUSE BILL 861 HAVE BEEN PERMANENTL Y DEACTIVATED BY THE TRANSPORTATION NETWO RK 1 COMPANY. 2 (2) THE COMMISSION SHALL DETE RMINE THE FORM AND C ONTENT 3 OF THE DEMOGRAPHIC DATA REQUIRED UNDER PARAG RAPH (1)(III) OF THIS 4 SUBSECTION. 5 (B) ON OR BEFORE MARCH 1 EACH YEAR , THE COMMISSION SHALL 6 COMPILE THE INFORMAT ION PROVIDED UNDER S UBSECTION (A) OF THIS SECTION 7 AND REPORT THE INFOR MATION TO THE DEPARTMENT OF TRANSPORTATION AND , 8 IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 9 SENATE FINANCE COMMITTEE AND THE HOUSE ENVIRONMENT AND 10 TRANSPORTATION COMMITTEE. 11 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12 October 1, 2025 January 1, 2026. 13 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.