00 CS FOR SENATE BILL NO. 14(FIN) am
01 "An Act relating to transportation network companies and transportation network
02 company drivers; and providing for an effective date."
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
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 exclude, notwithstanding any
08 requirement under AS 28.20, any and all coverage afforded under the policy issued to
09 an owner or operator of a personal vehicle for any loss or injury that occurs while a
10 driver is logged onto the digital network of a transportation network company or while
11 a driver provides a prearranged ride. The right to exclude all coverage may apply to
12 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 its policy shall have a right of contribution against
12 other insurers that provide automobile insurance to the same driver in satisfaction of
13 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," "personal vehicle," "prearranged ride,"
24 "transportation network company," "transportation network company driver," and
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" has the meaning given in
04 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 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 transportation network company is not an employer of transportation network drivers
25 under AS 23.20.520 and a transportation network company driver is an independent
26 contractor for all purposes and is not an employee of the transportation network
27 company if the transportation network company
28 (1) does not unilaterally prescribe specific hours during which a driver
29 shall be logged onto the digital network of the transportation network company;
30 (2) does not impose restrictions on the ability of the driver to use the
31 digital network of other transportation network companies;
01 (3) does not restrict a driver from engaging in any other occupation or
02 business; and
03 (4) enters into a written agreement with the driver stating that the
04 driver is an independent contractor for the transportation network company.
05 Sec. 28.23.090. Zero tolerance for drug or alcohol use. The transportation
06 network company shall implement a zero-tolerance policy prohibiting drug and
07 alcohol use while a driver is providing a prearranged ride or is logged onto the digital
08 network of the transportation network company but not providing a prearranged ride.
09 The transportation network company shall post the company's zero-tolerance policy
10 prohibiting drug and alcohol use on the company's Internet website.
11 Sec. 28.23.100. Transportation network company driver requirements. (a)
12 Before a transportation network company allows an individual to accept trip requests
13 through its digital network, the transportation network company, or a third party, shall
14 (1) require the individual to submit to the transportation network
15 company an application that includes the individual's address, age, and driver's license
16 number, the motor vehicle registration and automobile liability insurance information
17 for the individual's personal vehicle, and other information required by the
18 transportation network company;
19 (2) conduct a local and national criminal background check for each
20 applicant that reviews
21 (A) a multi-state or multi-jurisdiction criminal records locator
22 or a similar commercial nationwide database with validation; and
23 (B) the United States Department of Justice National Sex
24 Offender Public Website; and
25 (3) obtain and review a driving history research report for the
27 (b) A transportation network company shall disqualify an individual from
28 accepting trip requests through its digital network if the person is currently listed on
29 the National Sex Offender Public Website established by the United States
30 Department of Justice.
31 (c) A transportation network company may not allow a driver to accept trip
01 requests for four years, and a driver shall immediately notify the transportation
02 network company, if the driver
03 (1) has been convicted of
04 (A) a crime against a person under AS 11.41;
05 (B) an offense under AS 11.46.100 - 11.46.295;
06 (C) vehicle theft under AS 11.46.360 or 11.46.365;
07 (D) driving while license canceled, suspended, revoked, or in
08 violation of a limitation under AS 28.15.291;
09 (E) a crime under AS 28.33.030, AS 28.35.030, or 28.35.032;
10 (F) a violation of AS 28.35.060;
11 (G) failure to stop at the direction of a peace officer under
12 AS 28.35.182;
13 (H) reckless or negligent driving under AS 28.35.400 or
15 (I) a law or ordinance of another jurisdiction having similar
16 elements to an offense listed in (A) - (H); or
17 (J) any offense that is a felony in this or another jurisdiction;
18 (2) is listed on the United States Department of Justice National Sex
19 Offender Public Website; or
20 (3) has been convicted of or forfeited bail for a fourth or subsequent
21 moving traffic violation in the past three years.
22 Sec. 28.23.110. Nondiscrimination and accessibility. (a) The transportation
23 network company shall adopt a policy prohibiting discrimination based on destination
24 or a class or status protected under AS 18.80.210 with respect to a rider or potential
25 rider. The company shall inform drivers of the policy.
26 (b) A transportation network company driver shall comply with all applicable
27 laws relating to accommodation of service animals.
28 (c) A transportation network company may not impose additional charges for
29 providing services to riders with physical disabilities because of those disabilities.
30 Sec. 28.23.120. Records. A transportation network company shall keep
01 (1) maintained by the transportation network company for an
02 individual prearranged ride for at least one year from the date of the prearranged ride;
04 (2) maintained by individual transportation network company drivers
05 for one year after the agreement between the transportation network company and
06 driver entered into under AS 28.23.080(4) ends.
07 Sec. 28.23.180. Definitions. In this chapter,
08 (1) "digital network" means any online-enabled application, software,
09 website, or system offered or used by a transportation network company that enables
10 the prearrangement of rides with transportation network company drivers;
11 (2) "personal vehicle" means a motor vehicle that is used by a
12 transportation network company driver and is owned, leased, or otherwise authorized
13 for use by the transportation network company driver; "personal vehicle" does not
14 include a taxi, limousine, or other commercial motor vehicle for hire;
15 (3) "prearranged ride" means transportation provided by a driver to a
16 rider, beginning when a driver accepts a ride requested by a rider through a digital
17 network controlled by a transportation network company, continuing while the driver
18 transports a requesting rider, and ending when the last requesting rider departs from
19 the personal vehicle; "prearranged ride" does not include shared expense carpool or
20 vanpool arrangements or transportation provided using a taxi, limousine, or other
21 commercial motor vehicle for hire;
22 (4) "transportation network company" means a corporation,
23 partnership, sole proprietorship, or other entity that uses a digital network to connect
24 transportation network company riders to transportation network company drivers who
25 provide prearranged rides; a transportation network company may not be considered to
26 control, direct, or manage the personal vehicles or transportation network company
27 drivers that connect to its digital network, except where agreed to by written contract;
28 (5) "transportation network company driver" or "driver" means an
29 individual who
30 (A) receives connections to potential passengers and related
31 services from a transportation network company in exchange for payment of a
01 fee to the transportation network company; and
02 (B) uses a personal vehicle to offer or provide a prearranged
03 ride to riders upon connection through a digital network controlled by a
04 transportation network company in return for compensation or payment of a
06 (6) "transportation network company rider" or "rider" means an
07 individual or person who uses a digital network of a transportation network company
08 to connect with a transportation network company driver who provides prearranged
09 rides to the rider in the driver's personal vehicle between points chosen by the rider.
10 Sec. 28.23.190. Short title. This chapter may be cited as the Transportation
11 Network Companies Act.
12 * Sec. 7. AS 29.10.200 is amended by adding a new paragraph to read:
13 (66) AS 29.35.148 (regulation of transportation network companies or
15 * Sec. 8. AS 29.35 is amended by adding a new section to read:
16 Sec. 29.35.148. Regulation of transportation network companies or
17 drivers. (a) The authority to regulate transportation network companies and
18 transportation network company drivers is reserved to the state, and, except as
19 specifically provided by statute, a municipality may not enact or enforce an ordinance
20 regulating transportation network companies or transportation network company
22 (b) This section applies to home rule and general law municipalities.
23 (c) In this section,
24 (1) "transportation network company" has the meaning given in
25 AS 28.23.180;
26 (2) "transportation network company driver" has the meaning given in
27 AS 28.23.180.
28 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).