Maryland 2025 Regular Session

Maryland House Bill HB861 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
44 [Brackets] indicate matter deleted from existing law.
55 Underlining indicates amendments to bill.
66 Strike out indicates matter stricken from the bill by amendment or deleted from the law by
77 amendment.
8- Italics indicate opposite chamber/conference committee amendments.
98 *hb0861*
109
1110 HOUSE BILL 861
12-C5 (5lr1856)
13-ENROLLED BILL
14-— Economic Matters/Finance —
15-Introduced by Delegate Stewart
16-
17-Read and Examined by Proofreaders:
18-
19-_______________________________________________
20-Proofreader.
21-_______________________________________________
22-Proofreader.
23-
24-Sealed with the Great Seal and presented to the Governor, for his approval this
25-
26-_______ day of _______________ at _________________ _______ o’clock, ________M.
27-
28-______________________________________________
29-Speaker.
11+C5 5lr1856
12+ CF SB 1018
13+By: Delegate Stewart
14+Introduced and read first time: January 30, 2025
15+Assigned to: Economic Matters
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 6, 2025
3019
3120 CHAPTER ______
3221
3322 AN ACT concerning 1
3423
3524 Transportation Network Companies – Itemized Receipts Weekly Fare and 2
3625 Earnings Summary and Operator Data Reporting 3
3726
3827 FOR the purpose of requiring a transportation network company to provide an each 4
3928 operator and a passenger an itemized digital receipt that contains certain 5
4029 information as soon as practicable after the operator provides transportation 6
4130 network services to the passenger with a weekly fare and earnings summary; 7
4231 requiring a transportation network company to report, on or before a certain date 8
4332 each year, certain information to the Public Service Commission; and generally 9
4433 relating to transportation network companies. 10
4534
4635 BY repealing and reenacting, without amendments, 11
4736 Article – Public Utilities 12
4837 Section 10–101(a), (l), (m), and (n) and 10–401(a) and (c) 13
49- Annotated Code of Maryland 14 2 HOUSE BILL 861
38+ Annotated Code of Maryland 14
39+ (2020 Replacement Volume and 2024 Supplement) 15
5040
41+BY adding to 16
42+ Article – Public Utilities 17
43+Section 10–403.2 and 10–409 18
44+ Annotated Code of Maryland 19
45+ (2020 Replacement Volume and 2024 Supplement) 20
5146
52- (2020 Replacement Volume and 2024 Supplement) 1
53-
54-BY adding to 2
55- Article – Public Utilities 3
56-Section 10–403.2 and 10–409 4
57- Annotated Code of Maryland 5
58- (2020 Replacement Volume and 2024 Supplement) 6
59-
60- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
61-That the Laws of Maryland read as follows: 8
62-
63-Article – Public Utilities 9
64-
65-10–101. 10
66-
67- (a) In this title the following words have the meanings indicated. 11
68-
69- (l) “Transportation network company” means a company that operates in the 12
70-State using a digital network to connect passengers to transportation network operators or 13
71-transportation network partners for transportation network services. 14
72-
73- (m) “Transportation network operator”, “transportation network partner”, or 15
74-“transportation network driver” means an individual who: 16
75-
76- (1) has been issued a transportation network operator’s license, or is 17
77-otherwise authorized, by the Commission to provide transportation network services; 18
78-
79- (2) receives, through a transportation network company’s digital network 19
80-application, a connection to a potential passenger to transport the passenger between 20
81-points chosen by the passenger in exchange for the payment of a fee to the transportation 21
82-network company; and 22
83-
84- (3) uses a motor vehicle that is owned, leased, or otherwise authorized for 23
85-use by the individual and is approved for use in providing transportation network services 24
86-by the Commission. 25
87-
88- (n) (1) “Transportation network services” means the activities of an operator 26
89-during: 27
90-
91- (i) transportation network coverage period one, during which the 28
92-operator is logged onto and ready to accept a prearranged ride request made through a 29
93-transportation network company’s digital network application; 30
94-
95- (ii) transportation network coverage period two, during which the 31
96-operator accepts a ride request from a passenger that is prearranged through a 32
97-transportation network company’s digital network application, and is traveling to a 33
98-predetermined location to pick up the passenger; and 34 HOUSE BILL 861 3
47+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
48+That the Laws of Maryland read as follows: 22 2 HOUSE BILL 861
9949
10050
10151
102- (iii) transportation network coverage period three, during which the 1
103-operator transports the passenger and continuing until the passenger departs the motor 2
104-vehicle. 3
52+Article – Public Utilities 1
10553
106- (2) “Transportation network services” does not include: 4
54+10–101. 2
10755
108- (i) providing taxicab services, sedan services, or limousine services; 5
56+ (a) In this title the following words have the meanings indicated. 3
10957
110- (ii) any shared expense carpool arrangement or service or other type 6
111-of arrangement or service in which a driver receives a fee that does not exceed the driver’s 7
112-costs associated with providing a ride; or 8
58+ (l) “Transportation network company” means a company that operates in the 4
59+State using a digital network to connect passengers to transportation network operators or 5
60+transportation network partners for transportation network services. 6
11361
114- (iii) transportation services that a nonprofit organization provides 9
115-through the use of a volunteer driver and the volunteer driver’s personal vehicle. 10
62+ (m) Transportation network operator”, “transportation network partner”, or 7
63+“transportation network driver” means an individual who: 8
11664
117-10–401. 11
65+ (1) has been issued a transportation network operator’s license, or is 9
66+otherwise authorized, by the Commission to provide transportation network services; 10
11867
119- (a) In this subtitle the following words have the meanings indicated. 12
68+ (2) receives, through a transportation network company’s digital network 11
69+application, a connection to a potential passenger to transport the passenger between 12
70+points chosen by the passenger in exchange for the payment of a fee to the transportation 13
71+network company; and 14
12072
121- (c) “Operator” means a transportation network operator, transportation network 13
122-partner, or transportation network driver. 14
73+ (3) uses a motor vehicle that is owned, leased, or otherwise authorized for 15
74+use by the individual and is approved for use in providing transportation network services 16
75+by the Commission. 17
12376
124-10–403.2. 15
77+ (n) (1) “Transportation network services” means the activities of an operator 18
78+during: 19
12579
126- (A) A TRANSPORTATION NETWO RK COMPANY SHALL PROVID E EACH 16
127-OPERATOR WITH A WEEK LY FARE AND EARNINGS SUMMARY THAT INCLUDE S: 17
80+ (i) transportation network coverage period one, during which the 20
81+operator is logged onto and ready to accept a prearranged ride request made through a 21
82+transportation network company’s digital network application; 22
12883
129- (1) THE TOTAL FARES COLL ECTED BY THE OPERATOR 18
130-TRANSPORTATION NETWO RK COMPANY FOR THE TRANSPORTATI ON NETWORK 19
131-SERVICES PROVIDED BY THE COMPANY ’S OPERATORS IN A GIVEN WEEK; 20
84+ (ii) transportation network coverage period two, during which the 23
85+operator accepts a ride request from a passenger that is prearranged through a 24
86+transportation network company’s digital network application, and is traveling to a 25
87+predetermined location to pick up the passenger; and 26
13288
133- (2) THE TOTAL AMOUNT OF ANY ADDITIONAL FEES THAT WERE 21
134-CHARGED TO PASSENGER S BY THE TRANSPORTAT ION NETWORK COMPANY FOR THE 22
135-TRANSPORTATION NETWO RK SERVICES PROVIDED BY THE COMPANY ’S OPERATORS 23
136-IN A GIVEN WEEK; 24
89+ (iii) transportation network coverage period three, during which the 27
90+operator transports the passenger and continuing until the passenger departs the motor 28
91+vehicle. 29
13792
138- (2) (3) THE TOTAL AMOUNT THE OPERATOR EARNED THAT WEEK; 25
139-AND 26
93+ (2) “Transportation network services” does not include: 30
14094
141- (3) (4) THE TOTAL AMOUNT THE OPERATOR EARNED FROM THE 27
142-TOTAL FARES COLLECTE D THAT WEEK , EXPRESSED AS A PERCE NTAGE OF THE 28
143-TOTAL FARES COLLECTE D; AND 29
144- 4 HOUSE BILL 861
95+ (i) providing taxicab services, sedan services, or limousine services; 31
96+ HOUSE BILL 861 3
14597
14698
147- (5) THE TOTAL AMOUNT THE OPERATOR EARNED FROM THE 1
148-ADDITIONAL FEES SPEC IFIED IN ITEM (1) OF THIS SUBSECTION THAT WERE 2
149-COLLECTED THAT WEEK , EXPRESSED AS A PERCE NTAGE OF THE TOTAL A DDITIONAL 3
150-FEES CHARGED . 4
99+ (ii) any shared expense carpool arrangement or service or other type 1
100+of arrangement or service in which a driver receives a fee that does not exceed the driver’s 2
101+costs associated with providing a ride; or 3
151102
152- (B) A TRANSPORTATION NETWO RK COMPANY MAY INCLU DE IN THE WEEKLY 5
153-FARE AND EARNINGS SU MMARY REQUIRED UNDER SUBSECTION (A) OF THIS 6
154-SECTION: 7
103+ (iii) transportation services that a nonprofit organization provides 4
104+through the use of a volunteer driver and the volunteer driver’s personal vehicle. 5
155105
156- (1) ANY ADDITIONAL INFOR MATION THE COMPANY C ONSIDERS 8
157-APPROPRIATE ; OR 9
106+10–401. 6
158107
159- (2) AMOUNTS EARNED BY AN OPERATOR OTHER THAN AMOUNTS 10
160-EARNED FROM PROVIDIN G TRANSPORTATION NET WORK SERVICES. 11
108+ (a) In this subtitle the following words have the meanings indicated. 7
161109
162- (A) AS SOON AS PRACTICABL E AFTER AN OPERATOR PROVIDES 12
163-TRANSPORTATION NETWO RK SERVICES TO A PAS SENGER, A TRANSPORTATION 13
164-NETWORK COMPANY SHAL L PROVIDE THE OPERAT OR AND PASSENGER ACC ESS TO 14
165-AN ITEMIZED DIGITAL RECEIPT THAT INCLUDE S: 15
110+ (c) “Operator” means a transportation network operator, transportation network 8
111+partner, or transportation network driver. 9
166112
167- (1) THE AMOUNT THAT THE PASS ENGER PAID FOR THE 16
168-TRANSPORTATION NETWO RK SERVICES; 17
113+10–403.2. 10
169114
170- (2) THE AMOUNT THAT THE OPERATOR WILL RECEIV E FROM THE 18
171-AMOUNT PAID UNDER IT EM (1) OF THIS SUBSECTION ; AND 19
115+ A TRANSPORTATION NETWO RK COMPANY SHALL PROVID E EACH OPERATOR 11
116+WITH A WEEKLY FARE A ND EARNINGS SUMMARY THAT INCLUDES : 12
172117
173- (3) THE FINAL AMOUNT OF ANY ADDITIONAL FEES THAT ARE 20
174-CHARGED TO THE PASS ENGER BY THE TRANSPO RTATION NETWORK COMP ANY. 21
118+ (1) THE TOTAL FARES COLL ECTED BY THE OPERATO R FOR THE 13
119+TRANSPORTATION NETWO RK SERVICES PROVIDED IN A GIVEN WEEK; 14
175120
176- (B) THE TRANSPORTATION NE TWORK COMPANY SHALL MAKE THE RECEIPT 22
177-REQUIRED UNDER SUBSE CTION (A) OF THIS SECTION AVAI LABLE TO THE OPERATO R 23
178-ON THE COMPANY ’S DIGITAL NETWORK AP PLICATION. 24
121+ (2) THE TOTAL AMOUNT THE OPERATOR EARNED THAT WEEK; AND 15
179122
180-10–409. 25
123+ (3) THE TOTAL AMOUNT THE OPERATOR EARNED FROM THE TOTAL 16
124+FARES COLLECTED THAT WEEK, EXPRESSED AS A PERCE NTAGE OF THE TOTAL 17
125+FARES COLLECTED . 18
181126
182- (A) (1) ON OR BEFO RE FEBRUARY 1 EACH YEAR, A TRANSPORTATION 26
183-NETWORK COMPANY SHAL L REPORT TO THE COMMISSION THE FOLLOW ING 27
184-INFORMATION IN AN AGGREGATED FOR MAT FOR THE PRIOR YEAR : 28
127+ (A) AS SOON AS PRACTICABL E AFTER AN OPERATOR PROVIDES 19
128+TRANSPORTATION NETWO RK SERVICES TO A PAS SENGER, A TRANSPORTATION 20
129+NETWORK COMPANY SHAL L PROVIDE THE OPERAT OR AND PASSENGER ACC ESS TO 21
130+AN ITEMIZED DIGITAL RECEIPT THAT INCLUDE S: 22
185131
186- (1) THE AVERAGE FARE COL LECTED FROM PASSENGE RS IN THE 29
187-STATE; 30
132+ (1) THE AMOUNT THAT THE PASSENGER PAID FOR T HE 23
133+TRANSPORTATION NETWO RK SERVICES; 24
134+
135+ (2) THE AMOUNT THAT THE OPERATOR WILL RECEIVE FROM THE 25
136+AMOUNT PAID UNDER IT EM (1) OF THIS SUBSECTION ; AND 26
137+
138+ (3) THE FINAL AMOUNT OF ANY ADDITIONAL FEES THAT ARE 27
139+CHARGED TO THE PASSE NGER BY THE TRANSPOR TATION NETWORK COMPA NY. 28
140+
141+ (B) THE TRANSPORTATION NE TWORK COMPANY SHALL MAKE THE RECEIPT 29
142+REQUIRED UNDER SUBSECTIO N (A) OF THIS SECTION AVAI LABLE TO THE OPERATO R 30
143+ON THE COMPANY ’S DIGITAL NETWORK AP PLICATION. 31 4 HOUSE BILL 861
144+
145+
146+
147+10–409. 1
148+
149+ (A) (1) ON OR BEFORE FEBRUARY 1 EACH YEAR, A TRANSPORTATION 2
150+NETWORK COMPANY SHAL L REPORT TO THE COMMISSION THE FOLLOW ING 3
151+INFORMATIO N IN AN AGGREGATED FOR MAT FOR THE PRIOR YEAR : 4
152+
153+ (1) THE AVERAGE FARE COL LECTED FROM PASSENGE RS IN THE 5
154+STATE; 6
155+
156+ (2) THE TOTAL TIME DRIVE N BY OPERATORS WHILE PROVIDING 7
157+TRANSPORTATION NETWO RK SERVICES IN THE STATE; AND 8
158+
159+ (3) THE TOTAL AMOUNT EAR NED BY OPERATORS FOR PROVID ING 9
160+TRANSPORTATION NETWO RK SERVICES IN THE STATE. 10
161+
162+ (B) ANY INFORMATION OBTAI NED BY THE COMMISSION UNDER THIS 11
163+SECTION THAT IS NOT OTHERWISE PUBLICLY A VAILABLE: 12
164+
165+ (1) IS CONSIDERED: 13
166+
167+ (I) A TRADE SECRET ; AND 14
168+
169+ (II) CONFIDENTIAL AN D PROPRIETARY INFORM ATION; AND 15
170+
171+ (2) IS NOT SUBJECT TO DI SCLOSURE UNDER THE PUBLIC 16
172+INFORMATION ACT. 17
173+
174+ (C) THE REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION MAY 18
175+BE MADE AVAILABLE TO THE GENERAL ASSEMBLY ON REQUEST , PROVIDED THAT 19
176+THE REPORT REMAIN CONFIDENTIAL AND EXE MPT FROM PUBLIC DISC LOSURE. 20
177+
178+ (I) THE TOTAL NUMBER OF OPERATORS THAT : 21
179+
180+ 1. WERE AUTHORIZED TO T RANSPORT PASSENGERS 22
181+USING THE TRANSPORTA TION NETWORK COMPANY ’S DIGITAL NETWORK 23
182+APPLICATION; 24
183+
184+ 2. PROVIDED TRANSPORTAT ION NETWORK SERVICES 25
185+FOR THE TRANSPORTATI ON NETWORK COMPANY O N A FULL–TIME OR PART–TIME 26
186+BASIS; AND 27
188187 HOUSE BILL 861 5
189188
190189
191- (2) THE TOTAL TIME DRIVE N BY OPERATORS WHILE PROV IDING 1
192-IN–STATE TRANSPORTATION NETWO RK SERVICES IN THE STATE FOR THE 2
193-TRANSPORTATION NETWO RK COMPANY; AND 3
190+ 3. PROVIDED MORE THAN 40 HOURS OF 1
191+TRANSPORTATION NETWO RK SERVICES FOR THE TRANSPORTATION NETWO RK 2
192+COMPANY EACH WEEK ; 3
194193
195- (3) THE TOTAL AMOUNT EAR NED BY OPERATORS FOR PROVIDING 4
196-IN–STATE TRANSPORTATION NETWO RK SERVICES IN THE STATE FOR THE 5
197-TRANSPORTATION NETWO RK COMPANY. 6
194+ (II) THE MEDIAN AMOUNT PA ID TO THE TRANSPORT ATION 4
195+NETWORK COMPANY ’S OPERATORS; AND 5
198196
199- (B) ANY INFORMATION OBTAI NED BY THE COMMISSION UNDER THIS 7
200-SECTION THAT IS NOT OTHERWISE PUBLICLY A VAILABLE: 8
197+ (III) DEMOGRAPHIC DATA FOR THE TRANSPORTATION N ETWORK 6
198+COMPANY’S OPERATORS , INCLUDING DEMOGRAPHI C DATA FOR OPERATORS WHO 7
199+HAVE BEEN PERMANENTL Y DEACTIVATED BY THE TRANSPORTATION NETWO RK 8
200+COMPANY. 9
201201
202- (1) IS CONSIDERED: 9
202+ (2) THE COMMISSION SHALL DETERMINE TH E FORM AND CONTENT 10
203+OF THE DEMOGRAPHIC D ATA REQUIRED UNDER P ARAGRAPH (1)(III) OF THIS 11
204+SUBSECTION. 12
203205
204- (I) A TRADE SECRET ; AND 10
206+ (B) ON OR BEFORE MARCH 1 EACH YEAR , THE COMMISSION SHALL 13
207+COMPILE THE INFORMAT ION PROVIDED UNDER S UBSECTION (A) OF THIS SECTION 14
208+AND REPORT THE INFORMATION TO T HE DEPARTMENT OF TRANSPORTATION AND , 15
209+IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 16
210+SENATE FINANCE COMMITTEE AND THE HOUSE ENVIRONMENT AND 17
211+TRANSPORTATION COMMITTEE. 18
205212
206- (II) CONFIDENTIAL AND PRO PRIETARY INFORMATION ; AND 11
207-
208- (2) IS NOT SUBJECT TO DI SCLOSURE UNDER THE PUBLIC 12
209-INFORMATION ACT. 13
210-
211- (C) THE REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION MAY 14
212-BE MADE AVAILABLE TO THE GENERAL ASSEMBLY ON REQUEST , PROVIDED THAT 15
213-THE REPORT REMAIN CO NFIDENTIAL AND EXEMP T FROM PUBLIC DISC LOSURE. 16
214-
215- (I) THE TOTAL NUMBER OF OPERATORS THAT : 17
216-
217- 1. WERE AUTHORIZED TO T RANSPORT PASSENGERS 18
218-USING THE TRANSPORTA TION NETWORK COMPANY ’S DIGITAL NETWORK 19
219-APPLICATION; 20
220-
221- 2. PROVIDED TRANSPORTAT ION NETWORK SERVICES 21
222-FOR THE TRANSPORTATI ON NETWORK COM PANY ON A FULL –TIME OR PART–TIME 22
223-BASIS; AND 23
224-
225- 3. PROVIDED MORE THAN 40 HOURS OF 24
226-TRANSPORTATION NETWO RK SERVICES FOR THE TRANSPORTATION NETWO RK 25
227-COMPANY EACH WEEK ; 26
228-
229- (II) THE MEDIAN AMOUNT PA ID TO THE TRANSPORTA TION 27
230-NETWORK COMPANY ’S OPERATORS; AND 28
231-
232- (III) DEMOGRAPHIC DATA FOR THE TRANSPORTATION N ETWORK 29
233-COMPANY’S OPERATORS , INCLUDING DEMOGRAPHI C DATA FOR OPERATORS WHO 30 6 HOUSE BILL 861
234-
235-
236-HAVE BEEN PERMANENTL Y DEACTIVATED BY THE TRANSPORTATION NETWO RK 1
237-COMPANY. 2
238-
239- (2) THE COMMISSION SHALL DETE RMINE THE FORM AND C ONTENT 3
240-OF THE DEMOGRAPHIC DATA REQUIRED UNDER PARAG RAPH (1)(III) OF THIS 4
241-SUBSECTION. 5
242-
243- (B) ON OR BEFORE MARCH 1 EACH YEAR , THE COMMISSION SHALL 6
244-COMPILE THE INFORMAT ION PROVIDED UNDER S UBSECTION (A) OF THIS SECTION 7
245-AND REPORT THE INFOR MATION TO THE DEPARTMENT OF TRANSPORTATION AND , 8
246-IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 9
247-SENATE FINANCE COMMITTEE AND THE HOUSE ENVIRONMENT AND 10
248-TRANSPORTATION COMMITTEE. 11
249-
250- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
251-October 1, 2025 January 1, 2026. 13
213+ SECTION 2. AND BE IT FURTHER ENACTED, That this Ac t shall take effect 19
214+October 1, 2025. 20
252215
253216
254217
255218
256219 Approved:
257220 ________________________________________________________________________________
258221 Governor.
259222 ________________________________________________________________________________
260223 Speaker of the House of Delegates.
261224 ________________________________________________________________________________
262225 President of the Senate.