Oklahoma 2022 Regular Session

Oklahoma House Bill HB1798 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB1798 HFLR Page 1
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	3	+	Req. No. 5897 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 58th Legislature (2021)
34	31
35		-	COMMITTEE SUBSTITUTE
36		-	FOR
37		-	HOUSE BILL NO. 1798 By: Miller
	32	+	HOUSE BILL 1798 By: Miller
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43		-	~~COMMITTEE SUBSTITUTE~~
	38	+	AS INTRODUCED
44	39
45	40		An Act relating to consumer protection; creating the
46	41		Network Company Services Act ; defining terms;
47		-	authorizing Attorney General to enforce; imposing
48		-	certain requirements on network companies; requiring
49		-	certain policies; protecting consumer information;
50		-	providing for codification; and providing an
51		-	effective date.
52		-
	42	+	authorizing Attorney General to administer and
	43	+	enforce; imposing certain requirements on network
	44	+	companies; requiring certain policies; protecting
	45	+	consumer information; providing for codification; and
	46	+	providing an effective date .
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57	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
58	52		SECTION 1. NEW LAW A new section of law to be codified
59	53		in the Oklahoma Statutes as Section 800.1 of Title 15, unless there
60	54		is created a duplication in numbering, reads as follows:
61	55		This act shall be known and may be cited as the "Network Company
62	56		Services Act".
63	57		SECTION 2. NEW LAW A new section of law to be codified
64	58		in the Oklahoma Statutes as Section 800.2 of Title 15, unless there
65	59		is created a duplication in numbering, reads as follows:
66	60		As used in the Network Company Services Act:
67	61
68		-	HB1798 HFLR Page 2
69		-	BOLD FACE denotes Committee Amendments. 1
	62	+	Req. No. 5897 Page 2 1
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94	87		1. "Digital network" means any online-enabled application,
95	88		software, website or system offered or utilized by a network company
96	89		that enables the prearrangement of network company services ;
97	90		2. "Network company" means a business entit y operating in
98	91		Oklahoma that uses a digital network or software application service
99	92		to connect network company consumers to network company services
100	93		provided by network company service providers;
101	94		3. "Network company services " shall include, but is not limited
102		-	to, such services as delivery of consumer goods, groceries and food
103		-	from restaurants. Network company services shall not include
104		-	transportation of passengers;
	95	+	to, such services as delivery of consumer goods, delivery of food
	96	+	from restaurants and transportation of passengers;
105	97		4. "Network company service provider" means an individual who:
106	98		a. receives connections to potential network company
107	99		consumers from a network company in exchange for
108	100		payment of a fee to the network company , and
109	101		b. uses a personal vehicle to provide network company
110	102		services upon connection through a dig ital network
111	103		controlled by a network company in return for
112	104		compensation or payment of a fee.
113	105		A network company service provider includes individuals classified
114	106		as either an employee or independent contractor of the network
115	107		company; and
	108	+	5. "Network company consumer" means a person or persons who use
	109	+	a digital network to connect with a networ k company to obtain
	110	+	network company services .
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117		-	HB1798 HFLR Page 3
118		-	BOLD FACE denotes Committee Amendments. 1
	112	+	Req. No. 5897 Page 3 1
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143		-	5. "Network company consumer" means a person or persons who use
144		-	a digital network to connect with a network company to obtain
145		-	network company services.
146	137		SECTION 3. NEW LAW A new section of law to be codified
147	138		in the Oklahoma Statutes as Section 800.3 of Title 15, unless there
148	139		is created a duplication in numbering, reads as follows:
149		-	A. The Attorney General shall have the authority to examine the
	140	+	A. The Attorney General is authorized to adopt and promulgate
	141	+	rules for the implementation, administration and enforcement of the
	142	+	Network Company Services Act.
	143	+	B. The Attorney General shall have the authori ty to examine the
150	144		records of network companie s for the purpose of enforcement of this
151	145		act. Records obtained by the Attorney General pursuant to this act
152	146		shall not be subject to disclosure under the Oklahoma Open Records
153	147		Act and shall be kept confidential by the Attorney General , except
154	148		as may be required in a proceeding.
155		-	B. Failure of a network company to ~~comp ly~~ with the provisions
	149	+	C. Failure of a network company to comply with the provisions
156	150		of this act shall be a violation of the Oklahoma Consumer Protection
157	151		Act.
158		-	SECTION 4. NEW LAW A new section of law to be codified
159		-	in the Oklahoma Statutes as Section 800.4 of Title 15, unless there
160		-	is created a duplication in numbering, reads as follows:
161		-	A. Prior to permitting an individual to act as a network
162		-	company service provider on its digital network, the network company
163		-	shall:
164		-	1. Require the individual to submit an application to the
165		-	network company, which includes information regarding the
166		-	individual's address, age, driver license, driving history, motor
	152	+	D. In lieu of bringing an action under the Oklahoma Consumer
	153	+	Protection Act, the Attorney General may, i n cases where the network
	154	+	company is able to demonstrate that the violation occurred
	155	+	notwithstanding policies of the network company that were an
	156	+	integral part of the training of the network company service
	157	+	provider responsible for the violation, assess an administrative
	158	+	fine. The Attorney General shall, pursuant to the Administrative
	159	+	Procedures Act, adopt and promulgate rules establishing a schedule
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168		-	HB1798 HFLR Page 4
169		-	BOLD FACE denotes Committee Amendments. 1
	161	+	Req. No. 5897 Page 4 1
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	186	+	of increasing fines to be assessed pursuant to this subsection for
	187	+	multiple and repeated violations.
	188	+	SECTION 4. NEW LAW A new section of law to be codified
	189	+	in the Oklahoma Statutes as Section 800.4 of Title 15, unless there
	190	+	is created a duplication in numbering, reads as follows:
	191	+	A. Prior to permitting an individual to act as a network
	192	+	company service provider on its digital network, the network company
	193	+	shall:
	194	+	1. Require the individual t o submit an application to the
	195	+	network company, which includes information regarding the
	196	+	individual's address, age, driver license, driving history, mot or
194	197		vehicle registration, automobile liability insurance and other
195	198		information required by the network company ; and
196	199		2. Conduct, or have a third party conduct, a local and national
197	200		criminal background check for each applicant that shall include a
198	201		check of:
199	202		a. the Multi-State/Multi-Jurisdictional Criminal Records
200	203		Locator or other similar commercial nationwide
201	204		database with validation t hrough a primary source
202	205		search,
203	206		b. the National Sex Offender Registry database , and
204	207		c. the Oklahoma Sex and Violent Offender R egistry
205	208		database.
206		-	B. Network companies shall not permit an individual to act as a
207		-	network company service provider on its digital network who:
208		-	1. Has been convicted, within the past two (2) years, of
209		-	driving under the influence of drugs or alcohol;
210		-	2. Has been convicted, within the past seven (7) years, of
211		-	fraud, sexual offenses, use of a motor vehicle to commit a felony, a
212		-	crime involving property dama ge, theft, acts of violence or acts of
213		-	terror;
214		-	3. Is a match in the National Sex Offender Registry or Oklahoma
215		-	Sex and Violent Offender Registry database;
216		-	4. Does not possess a valid driver license;
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218		-	HB1798 HFLR Page 5
219		-	BOLD FACE denotes Committee Amendments. 1
	210	+	Req. No. 5897 Page 5 1
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	235	+	B. Network companies shall not permit an individual to act as a
	236	+	network company service provider on its digital network who:
	237	+	1. Has been convicted, within the past two (2) years, of
	238	+	driving under the influence of drugs or alcohol;
	239	+	2. Has been convicted, within the past seven (7) years, of
	240	+	fraud, sexual offenses, use of a motor vehicle to commit a felony, a
	241	+	crime involving property damage, theft, acts of violence or acts of
	242	+	terror;
	243	+	3. Is a match in the National Sex Offender Registry or Oklahoma
	244	+	Sex and Violent Offender Registry database;
	245	+	4. Does not possess a valid driver license;
244	246		5. Does not possess current proof of motor vehicle registration
245	247		for the motor vehicle(s) used to provide network company services ;
246	248		6. Does not possess proof of the automobile liability insurance
247	249		required by law or rule for the motor vehicle(s) used to provide
248		-	~~network company services~~; or
	250	+	prearranged rides; or
249	251		7. Is not at least eighteen (18) years of age.
250	252		C. Network companies shall implement a procedure for periodic
251	253		information updates for each network company service provider
252	254		required by subsection A of this section to ensure continued
253	255		compliance by each network company service provider with the
254	256		requirements of subsection B of this section.
255		-	SECTION 5. NEW LAW A new section of law to be codified
256		-	in the Oklahoma Statutes as Section 800.5 of Title 15, unless there
257		-	is created a duplication in numbering, reads as follows:
258		-	A network company's software application or website shall
259		-	display a current picture of the network company service provider
260		-	and the license plate number, make, model and color of the motor
261		-	vehicle utilized for providing network company service s.
262		-	SECTION 6. NEW LAW A new section of law to be codified
263		-	in the Oklahoma Statutes as Section 800.6 of Title 15, unless there
264		-	is created a duplication in numbering, reads as follows:
265		-	A. Network companies shall implement a zero -tolerance policy
266		-	against network company service providers from permitting persons
267		-	other than the authorized network company service provider from
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269		-	HB1798 HFLR Page 6
270		-	BOLD FACE denotes Committee Amendments. 1
	258	+	Req. No. 5897 Page 6 1
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	283	+	SECTION 5. NEW LAW A new section of law to be codified
	284	+	in the Oklahoma Statutes as Section 800. 5 of Title 15, unless there
	285	+	is created a duplication in numbering, reads as follows:
	286	+	A network company's software application or website sh all
	287	+	display a current picture of the networ k company service provider
	288	+	and the license plate number , make, model and color of the motor
	289	+	vehicle utilized for providing network company services .
	290	+	SECTION 6. NEW LAW A new section of law to be codified
	291	+	in the Oklahoma Statutes as Section 800.6 of Title 15, unless there
	292	+	is created a duplication in numbering, reads as follows:
	293	+	A. Network companies shall implement a zero -tolerance policy
	294	+	against network company service providers from permitting persons
	295	+	other than the authorized network company service provider from
295	296		providing network company services including the assembling, picking
296	297		up, transportation and delivery of network company services.
297	298		B. The network company shall implement a procedure for periodic
298	299		identification checks to ver ify that the authorized network company
299	300		service provider is providing the network company services.
300		-	C. The network company shall provide notice o f its zero-
301		-	tolerance policy on its digital network, as well as procedures to
302		-	report a complaint about an unauthorized person providing network
303		-	company services. Upon receipt of a complaint from a network
304		-	company consumer alleging a violation of the zero -tolerance policy,
305		-	the network company shall immediately suspend such network company
306		-	service provider's access to the network company's digital network,
307		-	and shall conduct an investigation into the reported incident. The
308		-	suspension shall last the duration o f the investigation.
309		-	D. Network companies shall maintain records relevant to the
310		-	enforcement of this requirement for a period of at least two (2)
311		-	years from the date that a complaint is received by the network
312		-	company.
313		-	SECTION 7. NEW LAW A new section of law to be codified
314		-	in the Oklahoma Statutes as Section 800.7 of Title 15, unless there
315		-	is created a duplication in numbering, reads as follows:
316		-	A. Network companies shall not disclose a network company
317		-	consumer's personally identif iable information to a third party
318		-	unless:
	301	+	C. The network company shall provide notice of this policy on
	302	+	its digital network, as well as procedures to report a complaint
	303	+	about an unauthorized person providing network company service s.
	304	+	Upon receipt of a complaint from a network company consumer alleging
	305	+	a violation of the zero-tolerance policy, the network company shall
	306	+	immediately suspend such network company service provider access to
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320		-	HB1798 HFLR Page 7
321		-	BOLD FACE denotes Committee Amendments. 1
	308	+	Req. No. 5897 Page 7 1
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	333	+	the network company's digital network, and shall conduct an
	334	+	investigation into the reported incident. The suspension shall last
	335	+	the duration of the investigation.
	336	+	D. Network companies shall maintain records relevant to the
	337	+	enforcement of this requirement for a period of at least two (2)
	338	+	years from the date that a complaint is received by th e network
	339	+	company.
	340	+	SECTION 7. NEW LAW A new section of law to be codified
	341	+	in the Oklahoma Statutes as Section 8 00.7 of Title 15, unless there
	342	+	is created a duplication in numbering, reads as follows:
	343	+	A. Network companies shall not disclose a network company
	344	+	consumer's personally identifiable information to a third party
	345	+	unless:
346	346		1. The network company consumer consents;
347	347		2. Disclosure is required by a legal obl igation; or
348	348		3. Disclosure is required to protect or defend the terms of use
349	349		of the service or to investigate violations of those terms.
350	350		B. Network companies shall be permitted to share a network
351	351		service consumer's name, telephone number, and address with the
352	352		network company service provider providing network company services
353	353		only to facilitate correct identification of the network company
354	354		consumer by the network company service provider or to facilitate
355	355		communication between the network company consumer and the network
356		-	company service provider.
357		-	C. Network companies shall prohibit the use by network company
358		-	service providers of a n etwork company consumer's name, telephone
359		-	number, address or other personal information for any purpose other
360		-	than those listed in this section. Network companies shall
361		-	implement policies and procedures to enforce this prohibition as
362		-	well as to prevent ne twork company service providers from retaining
363		-	or disclosing such information to other persons.
	356	+	company service provider. Network companies shall prohibit the use
	357	+
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	383	+	by network company service providers of a network company consumer 's
	384	+	name, telephone number, address or other personal information for
	385	+	any purpose other than those listed in this section.
364	386		SECTION 8. This act shall become effective November 1, 2021.
365	387
366		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
367		-	02/18/2021 - DO PASS, As Amended.
	388	+	58-1-5897 AQH 01/12/21