Enrolled HB 132: Relating to transportation network companies and transportation network company drivers; and providing for an effective date.
00Enrolled HB 132 01 Relating to transportation network companies and transportation network company drivers; 02 and providing for an effective date. 03 _______________ 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE INTENT. It is the intent of the legislature to clarify the Alaska 07 Workers' Compensation Act, ensure the safety, reliability, and cost-effectiveness of rides 08 provided by transportation network company drivers in the state, and preserve and enhance 09 access to these important transportation options for residents of and visitors to the state. 10 * Sec. 2. AS 09.65 is amended by adding a new section to read: 11 Sec. 09.65.350. Immunity for certain actions related to transportation 12 network companies. (a) The state or a municipality, and the officers, employees, and 13 agents of the state or a municipality, are not liable in tort for damages for the injury to 14 or death of a person or property damage resulting from an act, omission, or failure of a
01 transportation network company or driver to comply with the requirements of 02 AS 28.23 or other law. 03 (b) In this section, "transportation network company" and "driver" have the 04 meanings given in AS 28.23.180. 05 * Sec. 3. AS 21.96 is amended by adding a new section to read: 06 Sec. 21.96.018. Transportation network company insurance provisions. (a) 07 Insurers that write automobile insurance in the state may, notwithstanding any 08 requirement under AS 28.20, exclude any and all coverage afforded under the policy 09 issued to an owner or operator of a personal vehicle for any loss or injury that occurs 10 while a driver is logged onto the digital network of a transportation network company 11 or while a driver provides a prearranged ride. The right to exclude all coverage may 12 apply to any coverage included in an automobile insurance policy, including 13 (1) liability coverage for bodily injury and property damage; 14 (2) uninsured and underinsured motorist coverage; 15 (3) medical payments coverage; 16 (4) comprehensive physical damage coverage; and 17 (5) collision physical damage coverage. 18 (b) Nothing in this section 19 (1) implies or requires that a personal automobile insurance policy 20 provide coverage while the driver 21 (A) is logged onto the digital network of a transportation 22 network company; 23 (B) is engaged in a prearranged ride; or 24 (C) otherwise uses a personal vehicle to transport passengers 25 for compensation; 26 (2) may be construed to require an insurer to use specific policy 27 language or to refer to this section in order to exclude any and all coverage for any 28 loss or injury that occurs while a driver 29 (A) is logged onto the digital network of a transportation 30 network company; or 31 (B) provides a prearranged ride; or
01 (3) precludes an insurer from providing coverage for the personal 02 vehicle of a transportation network company driver if the insurer chooses to provide 03 coverage by contract or endorsement. 04 (c) Automobile insurers that exclude coverage under (a) of this section do not 05 have a duty to defend or indemnify any claim expressly excluded under (a) of this 06 section. Nothing in this section may be considered to invalidate or limit an exclusion 07 contained in a policy, including any policy in use or approved for use in this state 08 before the enactment of this section, that excludes coverage for vehicles used to carry 09 persons or property for a charge or available for hire by the public. 10 (d) An automobile insurer that defends or indemnifies a claim against a driver 11 that is excluded under the terms of the automobile insurer's policy shall have a right of 12 contribution against other insurers that provide automobile insurance to the same 13 driver in satisfaction of the coverage requirements of AS 28.23.050 at the time of loss. 14 (e) In a claims coverage investigation, a transportation network company shall 15 immediately provide, upon request by directly involved parties or any insurer of the 16 transportation network company driver, if applicable, the precise times that a 17 transportation network company driver logged onto and off of the digital network of a 18 transportation network company in the 12-hour period immediately preceding and in 19 the 12-hour period immediately following the accident. Insurers potentially providing 20 coverage shall disclose, upon request of any insurer involved in the claim, the 21 applicable coverages, exclusions, and limits provided under any automobile insurance 22 maintained under AS 28.23.050. 23 (f) In this section, "digital network," "driver," "personal vehicle," "prearranged 24 ride," "transportation network company," and "transportation network company 25 driver" have the meanings given in AS 28.23.180. 26 * Sec. 4. AS 23.30.230(a) is amended to read: 27 (a) The following persons are not covered by this chapter: 28 (1) a part-time baby-sitter; 29 (2) a cleaning person; 30 (3) harvest help and similar part-time or transient help; 31 (4) a person employed as a sports official on a contractual basis and
01 who officiates only at sports events in which the players are not compensated; in this 02 paragraph, "sports official" includes an umpire, referee, judge, scorekeeper, 03 timekeeper, organizer, or other person who is a neutral participant in a sports event; 04 (5) a person employed as an entertainer on a contractual basis; 05 (6) a commercial fisherman, as defined in AS 16.05.940; 06 (7) an individual who drives a taxicab whose compensation and written 07 contractual arrangement is as described in AS 23.10.055(a)(13), unless the hours 08 worked by the individual or the areas in which the individual may work are restricted 09 except to comply with local ordinances; 10 (8) a participant in the Alaska temporary assistance program 11 (AS 47.27) who is engaged in work activities required under AS 47.27.035 other than 12 subsidized or unsubsidized work or on-the-job training; 13 (9) a person employed as a player or coach by a professional hockey 14 team if the person is covered under a health care insurance plan provided by the 15 professional hockey team, the coverage is applicable to both work-related and 16 nonwork-related injuries, and the coverage provides medical and related benefits as 17 required under this chapter, except that coverage may not be limited to two years from 18 the date of injury as described under AS 23.30.095(a); in this paragraph, "health care 19 insurance" has the meaning given in AS 21.12.050; [AND] 20 (10) a person working as a qualified real estate licensee who performs 21 services under a written contract that provides that the person will not be treated as an 22 employee for federal income tax or workers' compensation purposes; in this 23 paragraph, "qualified real estate licensee" means a person who is required to be 24 licensed under AS 08.88.161 and whose payment for services is directly related to 25 sales or other output rather than the number of hours worked; and 26 (11) a transportation network company driver who provides a 27 prearranged ride or is otherwise logged onto the digital network of a 28 transportation network company as a driver. 29 * Sec. 5. AS 23.30.230(c) is amended by adding new paragraphs to read: 30 (4) "digital network" has the meaning given in AS 28.23.180; 31 (5) "prearranged ride" has the meaning given in AS 28.23.180;
01 (6) "transportation network company" has the meaning given in 02 AS 28.23.180; 03 (7) "transportation network company driver" or "driver" has the 04 meaning given in AS 28.23.180. 05 * Sec. 6. AS 28 is amended by adding a new chapter to read: 06 Chapter 23. Transportation Network Companies and Drivers. 07 Sec. 28.23.010. Not other carriers. A transportation network company or 08 driver is not a common carrier, contract carrier, or motor carrier, and may not provide 09 taxicab or for-hire vehicle service. The state or a municipality may not require a 10 transportation network company driver to register the personal vehicle the driver uses 11 to provide prearranged rides as a commercial or for-hire vehicle. 12 Sec. 28.23.020. Fare collected for services. A transportation network 13 company may charge a fare to a transportation network company rider. Before a fare is 14 collected from a rider, the transportation network company shall disclose to the rider, 15 on the company's Internet website or in the company's software application, the 16 transportation network company's fare or fare calculation method. The transportation 17 network company shall provide riders the option of receiving an estimated fare before 18 the rider enters the personal vehicle of a transportation network company driver. 19 Sec. 28.23.030. Identification of transportation network company vehicles 20 and drivers. Before a rider enters the personal vehicle of a transportation network 21 company driver, the transportation network company shall display on the company's 22 Internet website or in the company's software application a picture of the 23 transportation network company driver and the license plate number of the personal 24 vehicle providing the prearranged ride. 25 Sec. 28.23.040. Electronic receipt. Within a reasonable period following the 26 completion of a trip, the transportation network company shall transmit to the rider, on 27 behalf of the transportation network company driver, an electronic receipt showing the 28 origin and destination of the trip and itemizing the fare paid, if any. 29 Sec. 28.23.050. Financial responsibility of transportation network 30 companies. (a) A transportation network company driver, or transportation network 31 company on behalf of the driver, shall maintain primary automobile insurance that
01 recognizes that the driver is a transportation network company driver or otherwise 02 uses a vehicle to transport passengers for compensation and that covers the driver 03 while the driver is logged onto the digital network of a transportation network 04 company or while the driver is engaged in a prearranged ride. 05 (b) The following automobile insurance requirements shall apply while a 06 participating transportation network company driver is logged onto the digital network 07 of a transportation network company and is available to receive transportation requests 08 but is not engaged in a prearranged ride: 09 (1) primary automobile liability insurance in the amount of at least 10 $50,000 for death and bodily injury for each person, $100,000 for death and bodily 11 injury for each incident, and $25,000 for property damage; 12 (2) uninsured or underinsured motor vehicle coverage as required 13 under AS 21.96.020 and AS 28.20.440; 14 (3) the coverage requirements of this subsection may be satisfied by 15 (A) automobile insurance maintained by the transportation 16 network company driver; 17 (B) automobile insurance maintained by the transportation 18 network company; or 19 (C) any combination of (A) and (B) of this paragraph. 20 (c) The following automobile insurance requirements shall apply while a 21 transportation network company driver is engaged in a prearranged ride: 22 (1) primary automobile liability insurance that provides at least 23 $1,000,000 for death, bodily injury, and property damage; 24 (2) uninsured or underinsured motor vehicle coverage as required 25 under AS 21.96.020 and AS 28.20.440; 26 (3) the coverage requirements of this subsection may be satisfied by 27 (A) automobile insurance maintained by the transportation 28 network company driver; 29 (B) automobile insurance maintained by the transportation 30 network company; or 31 (C) a combination of (A) and (B) of this paragraph.
01 (d) If insurance maintained by a driver under (b) or (c) of this section has 02 lapsed or does not provide the required coverage, insurance maintained by a 03 transportation network company must provide the coverage required by this section 04 beginning with the first dollar of a claim, and the transportation network company 05 insurer has the duty to defend that claim. 06 (e) Coverage under an automobile insurance policy maintained by the 07 transportation network company may not be dependent on a personal automobile 08 insurer first denying a claim nor shall a personal automobile insurance policy be 09 required first to deny a claim. 10 (f) Insurance required by this section may be placed with an insurer licensed 11 under AS 21.09.060 or with a surplus lines insurer eligible under AS 21.34 that has a 12 credit rating not lower than A- from A.M. Best or a similar rating from another rating 13 agency recognized by the division of insurance. 14 (g) Insurance satisfying the requirements of this section shall be considered to 15 satisfy the financial responsibility requirement for a motor vehicle under AS 28.20. 16 (h) A transportation network company driver shall carry proof of coverage 17 under (b) and (c) of this section with the driver at all times during the driver's use of a 18 vehicle in connection with a digital network of a transportation network company. In 19 the event of an accident, a transportation network company driver shall provide the 20 insurance coverage information to the directly interested parties, automobile insurers, 21 and investigating police officers upon request under AS 28.22.019. Upon that request, 22 a transportation network company driver shall also disclose to directly interested 23 parties, automobile insurers, and investigating police officers whether the driver was 24 logged onto the digital network of a transportation network company or on a 25 prearranged ride at the time of an accident. 26 (i) If the insurance carrier for the transportation network company makes a 27 payment for a claim for physical damage to a personal vehicle that is subject to a lien, 28 the insurance carrier shall pay the claim jointly to the owner of the personal vehicle 29 and the primary lienholder or directly to the business repairing the personal vehicle. 30 Sec. 28.23.060. Transportation network company automobile insurance 31 disclosures. A transportation network company shall disclose in writing to
01 transportation network company drivers the following before the drivers are allowed 02 to accept a request for a prearranged ride on the digital network of the transportation 03 network company: 04 (1) the insurance coverage, including the types of coverage and the 05 limits for each coverage, that the transportation network company provides while the 06 transportation network company driver uses a personal vehicle in connection with a 07 transportation network company's digital network; 08 (2) that the automobile insurance policy of the transportation network 09 company driver might not provide any coverage while the driver is logged onto the 10 digital network of a transportation network company and is available to receive 11 transportation requests or is engaged in a prearranged ride, depending on the terms of 12 the automobile insurance policy of the driver; and 13 (3) that, if the personal vehicle the transportation network company 14 driver uses to provide transportation network services has a lien against it, using the 15 motor vehicle for transportation network services without physical damage coverage 16 may violate the terms of the contract with the lienholder. 17 Sec. 28.23.070. Certificate of insurance. A transportation network company 18 shall file a written certificate of insurance with the director of the division of insurance 19 demonstrating that the transportation network company has satisfied the requirements 20 of AS 28.23.050. The certificate of insurance must state that the applicable insurance 21 policy may not be cancelled unless written notice is provided to the division of 22 insurance at least 30 days before cancellation. 23 Sec. 28.23.080. Limitations on transportation network companies. (a) 24 Except as provided in (b) of this section, a transportation network company is not an 25 employer of transportation network company drivers under AS 23.10.699, 26 AS 23.20.520, or AS 23.30.395. A transportation network company driver is an 27 independent contractor for all purposes and is not an employee of the transportation 28 network company if the transportation network company 29 (1) does not unilaterally prescribe specific hours during which a driver 30 shall be logged onto the digital network of the transportation network company; 31 (2) does not impose restrictions on the ability of the driver to use the
01 digital network of other transportation network companies; 02 (3) does not restrict a driver from engaging in any other occupation or 03 business; and 04 (4) enters into a written agreement with the driver stating that the 05 driver is an independent contractor for the transportation network company. 06 (b) This section does not apply to AS 23.20 if the transportation network 07 company is owned or operated by the state, a municipality, a federally recognized 08 tribe, or an entity that is exempt from federal taxation under 26 U.S.C. 501(c)(3) 09 (Internal Revenue Code). 10 Sec. 28.23.090. Zero tolerance for drug or alcohol use. The transportation 11 network company shall implement a zero-tolerance policy prohibiting drug and 12 alcohol use while a driver is providing a prearranged ride or is logged onto the digital 13 network of the transportation network company but not providing a prearranged ride. 14 The transportation network company shall post on the company's Internet website the 15 company's zero-tolerance policy prohibiting drug and alcohol use. 16 Sec. 28.23.100. Transportation network company driver requirements. (a) 17 Before a transportation network company allows an individual to accept trip requests 18 through the transportation network company's digital network, the transportation 19 network company, or a third party, shall 20 (1) require the individual to submit to the transportation network 21 company an application that includes the individual's address, age, and driver's license 22 number, the motor vehicle registration and automobile liability insurance information 23 for the individual's personal vehicle, and other information required by the 24 transportation network company; 25 (2) conduct a local and national criminal background check for each 26 applicant that reviews 27 (A) a multi-state or multi-jurisdiction criminal records locator 28 or a similar commercial nationwide database with validation; and 29 (B) the United States Department of Justice National Sex 30 Offender Public Website; and 31 (3) obtain and review a driving history research report for the
01 individual. 02 (b) A transportation network company may not allow a driver to accept trip 03 requests through the transportation network company's digital network if the driver 04 (1) has, in the past three years, 05 (A) been convicted of or forfeited bail for a third or subsequent 06 moving traffic violation; 07 (B) been convicted of 08 (i) driving while license canceled, suspended, revoked, 09 or in violation of a limitation under AS 28.15.291; 10 (ii) failure to stop at the direction of a peace officer 11 under AS 28.35.182; 12 (iii) reckless or negligent driving under AS 28.35.400 13 or 28.35.410; or 14 (iv) a law or ordinance of another jurisdiction having 15 similar elements to an offense listed in (i) - (iii) of this subparagraph; 16 (2) has, in the past seven years, been convicted of 17 (A) any offense that is an unclassified, class A, or class B 18 felony in this or another jurisdiction; or 19 (B) a felony or misdemeanor involving 20 (i) a crime under AS 28.33.030, AS 28.35.030, or 21 28.35.032; 22 (ii) a crime under AS 28.35.050 or 28.35.060; 23 (iii) a crime against a person under AS 11.41; or 24 (iv) a law or ordinance of another jurisdiction having 25 similar elements to an offense listed in (i) - (iii) of this subparagraph; 26 (3) is listed on the United States Department of Justice National Sex 27 Offender Public Website; or 28 (4) is under 21 years of age. 29 (c) A transportation network company driver may not 30 (1) provide a prearranged ride unless the transportation network 31 company rider has been matched to the driver through the digital network of the
01 transportation network company; 02 (2) solicit a ride or accept a street hail request for a ride; or 03 (3) solicit or accept cash payments for a fare from a rider. 04 Sec. 28.23.105. Transportation network company vehicles. (a) Before a 05 transportation network company allows an individual to accept trip requests through 06 the transportation network company's digital network and before a personal vehicle 07 may be used to provide transportation network company services, the transportation 08 network company shall conduct, or confirm satisfactory completion of, a safety 09 inspection of the individual's personal vehicle. The safety inspection required under 10 this subsection must include an inspection of the following components of the 11 personal vehicle: 12 (1) foot brakes; 13 (2) parking brakes; 14 (3) steering mechanism; 15 (4) windshield; 16 (5) rear window and other glass; 17 (6) windshield wipers; 18 (7) headlights; 19 (8) taillights; 20 (9) brake lights; 21 (10) front seat adjustment mechanism; 22 (11) doors; 23 (12) turn signal lights; 24 (13) horn; 25 (14) speedometer; 26 (15) bumpers; 27 (16) muffler and exhaust system; 28 (17) tires, including tread depth; 29 (18) interior and exterior mirrors; 30 (19) safety belts. 31 (b) A motor vehicle that is used by a transportation network company driver
01 for transportation network company purposes may not be more than 12 years of age. 02 Sec. 28.23.110. Nondiscrimination and accessibility. (a) The transportation 03 network company shall adopt a policy prohibiting discrimination based on destination 04 or a class or status protected under AS 18.80.210 with respect to a rider or potential 05 rider. The company shall inform drivers of the policy. 06 (b) A transportation network company driver shall comply with all applicable 07 laws relating to accommodation of service animals. 08 (c) A transportation network company may not impose additional charges for 09 providing services to riders with physical disabilities because of those disabilities. 10 Sec. 28.23.120. Records. A transportation network company shall keep 11 records 12 (1) maintained by the transportation network company for an 13 individual prearranged ride for at least two years from the date of the prearranged ride; 14 and 15 (2) maintained by individual transportation network company drivers 16 for two years after the agreement between the transportation network company and 17 driver entered into under AS 28.23.080(a)(4) ends. 18 Sec. 28.23.130. International airports. The Department of Transportation and 19 Public Facilities may, under AS 02.15, enter into a contract, lease, or other 20 arrangement with a transportation network company for use of an international airport 21 owned or operated by the state. A contract, lease, or arrangement under AS 02.15 must 22 be consistent with this chapter. 23 Sec. 28.23.180. Definitions. In this chapter, 24 (1) "digital network" means any online-enabled application, software, 25 website, or system offered or used by a transportation network company that enables 26 the prearrangement of rides with transportation network company drivers; 27 (2) "personal vehicle" means a motor vehicle that is used by a 28 transportation network company driver and is owned, leased, or otherwise authorized 29 for use by the transportation network company driver; "personal vehicle" does not 30 include a taxi, limousine, or other commercial motor vehicle for hire; 31 (3) "prearranged ride" means transportation provided by a driver to a
01 rider, beginning when a driver accepts a ride requested by a rider through a digital 02 network controlled by a transportation network company, continuing while the driver 03 transports a requesting rider, and ending when the last requesting rider departs from 04 the personal vehicle; "prearranged ride" does not include shared expense carpool or 05 vanpool arrangements or transportation provided using a taxi, limousine, or other 06 commercial motor vehicle for hire; 07 (4) "transportation network company" means a corporation, 08 partnership, sole proprietorship, or other entity that uses a digital network to connect 09 transportation network company riders to transportation network company drivers who 10 provide prearranged rides; a transportation network company may not be considered to 11 control, direct, or manage the personal vehicles or transportation network company 12 drivers that connect to the transportation network company's digital network, except 13 where agreed to by written contract; 14 (5) "transportation network company driver" or "driver" means an 15 individual who 16 (A) receives connections to potential passengers and related 17 services from a transportation network company in exchange for payment of a 18 fee to the transportation network company; and 19 (B) uses a personal vehicle to offer or provide a prearranged 20 ride to riders upon connection through a digital network controlled by a 21 transportation network company in return for compensation or payment of a 22 fee; 23 (6) "transportation network company rider" or "rider" means an 24 individual or person who uses a digital network of a transportation network company 25 to connect with a transportation network company driver who provides a prearranged 26 ride to the rider in the driver's personal vehicle between points chosen by the rider. 27 Sec. 28.23.190. Short title. This chapter may be cited as the Transportation 28 Network Companies Act. 29 * Sec. 7. AS 29.10.200 is amended by adding a new paragraph to read: 30 (66) AS 29.35.148 (regulation of transportation network companies or 31 drivers).
01 * Sec. 8. AS 29.35 is amended by adding a new section to read: 02 Sec. 29.35.148. Regulation of transportation network companies or 03 drivers. (a) The authority to regulate transportation network companies and 04 transportation network company drivers is reserved to the state, and, except as 05 specifically provided by statute, a municipality may not enact or enforce an ordinance 06 regulating transportation network companies or transportation network company 07 drivers. 08 (b) The prohibition on regulation under (a) of this section does not include 09 (1) imposition of a municipal sales tax on a transportation network 10 company driver that taxes a trip originating in the municipality in the same manner 11 that other services are taxed in the municipality; 12 (2) a municipal traffic ordinance. 13 (c) Notwithstanding AS 28.01.010 or (a) of this section, a municipality may 14 by ordinance ratified by the voters in a regular municipal election prohibit 15 transportation network companies from conducting activities under AS 28.23 within 16 the municipality. 17 (d) This section applies to home rule and general law municipalities. 18 (e) In this section, 19 (1) "transportation network company" has the meaning given in 20 AS 28.23.180; 21 (2) "transportation network company driver" has the meaning given in 22 AS 28.23.180. 23 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).