1.1.................... moves to amend H.F. No. 2369, the second engrossment, as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1.
[181C.01] DEFINITIONS.
1.4(a) For the purposes of this chapter, the terms defined in this section have the meanings
1.5given.
1.6(b) "Deactivation" means the suspension or termination of a driver's ability to receive
1.7connections to potential riders from a transportation network company.
1.8(c) "Digital network" has the meaning given in section 65B.472, subdivision 1.
1.9(d) "Personal vehicle" has the meaning given in section 65B.472, subdivision 1.
1.10(e) "Ride" means the provision of transportation by a driver to a rider, beginning
when
1.11a driver accepts a ride requested by a rider through a digital network controlled
by a
1.12transportation network company, continuing while the driver transports a requesting
rider,
1.13and ending when the last requesting rider departs from the personal vehicle. The term
does
1.14not include transportation provided using a taxicab, limousine, or other for-hire
vehicle.
1.15(f) "Seven-county metropolitan area" means the following counties: Anoka, Carver,
1.16Dakota, Hennepin, Ramsey, Scott, and Washington.
1.17(g) "Transportation network company" or "TNC" has the meaning given in section
1.1865B.472, subdivision 1. The term does not include taxicabs, limousines, for-hire vehicles,
1.19or a private rider vehicle driven by a volunteer driver, as defined in section 65B.472,
1.20subdivision 1.
1.21(h) "Transportation network driver" or "driver" has the meaning given in section 65B.472,
1.22subdivision 1.
2.1(i) "Trip" means any transportation by a driver for a rider through a digital network
2.2controlled by a transportation network company.
2.3 Sec. 2.
[181C.03] MINIMUM COMPENSATION.
2.4(a) All fees provided in this section must be calculated on a per-trip or biweekly
basis
2.5and may not be combined.
2.6(b) Minimum compensation paid by a TNC to a driver shall be as follows:
2.7(1) for all trips that start in the seven-county metropolitan area, at least $1.45
per mile
2.8and $0.34 per minute, subject to paragraph (f), for the time transporting a rider;
or
2.9(2) for all trips that start outside of the seven-county metropolitan area, at least
$1.25
2.10per mile and $0.34 per minute, subject to paragraph (f), for the time transporting
a rider;
2.11and
2.12(3) if a cancellation occurs after the driver has already departed to pick up a rider
the
2.13TNC must provide 80 percent of the cancellation fee to the driver;
2.14(4) a $1.25 per mile and $0.10 per minute fee if the TNC charges a fee for a long
pickup.
2.15The fee reverts to normal after the pickup; and
2.16(5) a minimum fee of $5.00 for any transportation of a rider by a driver.
2.17(c) A TNC that uses its software or collection technology to collect fees or fares
must
2.18pay a driver the fees or fares earned by the driver, regardless of whether the fees
or fares
2.19are actually collected.
2.20(d) A TNC may pay a driver the compensation required under this section over a
2.21reasonable pay period not to exceed 14 calendar days.
2.22(e) A TNC must provide a driver all tips that a rider provides to the applicable driver
on
2.23the driver's next payment.
2.24(f) Beginning July 1, 2024, and each July 1 thereafter, the minimum compensation
2.25amounts under paragraph (b), clauses (1) to (4), must be adjusted annually by the
percentage
2.26increase, if any, in the Consumer Price Index for all urban consumers published by
the
2.27United States Department of Labor.
2.28 Sec. 3.
[181C.04] DEACTIVATION.
2.29(a) A TNC must have clear written rules stating the circumstances under which a driver
2.30may be deactivated or sanctioned, either permanently or temporarily, and stating fair,
3.1objective, and reasonable procedures for a driver to request a reconsideration of
a
3.2deactivation. These rules and any updates must be available both online and in written
form
3.3to the drivers at least 30 days before they are enforceable. The rules must clearly
list the
3.4circumstances that constitute minor infractions and major infractions, and indicate
those
3.5infractions that subject a driver to deactivation or other sanction and the corresponding
3.6number of days or range of days of deactivation.
3.7(b) A TNC must provide the driver with a written basis for any proposed deactivation
3.8or other sanction, including the alleged infraction and the rule or rules the TNC
alleges have
3.9been violated. The driver has a right to a meeting with the TNC to reconsider the
deactivation.
3.10The deactivated driver must have an opportunity to present their position and any
other
3.11relevant information or witnesses regarding the alleged rule violation. The TNC must
3.12consider any information presented by the driver. For a deactivation to be upheld,
there
3.13must be evidence under the totality of the circumstances to find that it is more likely
than
3.14not that a rule violation subjecting the driver to deactivation has occurred. A traffic
ticket
3.15or other traffic or criminal charge alone is not conclusive of a rule violation unless
there
3.16has been a conviction.
3.17(c) Except as provided in paragraphs (f) to (h), a driver must request a deactivation
3.18reconsideration meeting within 15 calendar days of receiving notice of a deactivation.
A
3.19deactivation reconsideration meeting must occur within 15 calendar days of receipt
of a
3.20driver's request for a deactivation reconsideration meeting. If a deactivation reconsideration
3.21meeting does not occur within the required time period, and no continuance is agreed
to,
3.22the alleged violation must be dismissed and cannot form the basis of any further deactivation
3.23or other sanction, unless the driver is later found guilty of a crime that endangers
public
3.24safety or of a violation that constitutes a major infraction.
3.25(d) If a rule violation is not substantiated at the deactivation reconsideration meeting,
3.26the TNC must immediately reinstate the driver's account.
3.27(e) This section does not affect deactivations for economic reasons that are not targeted
3.28at a particular driver or drivers.
3.29(f) Any driver who has been deactivated by a TNC from January 1, 2021, until the day
3.30of enactment, has the right to reapply for driver status and request a deactivation
3.31reconsideration meeting, consistent with the procedures provided in this section,
to determine
3.32if there is a valid basis to uphold the deactivation, and whether the driver should
be reinstated.
4.1(g) By August 1, 2023, a TNC must provide notice of a right to a deactivation
4.2reconsideration meeting to all drivers deactivated since January 1, 2021, by contacting
the
4.3drivers through the following means, in no particular order, until actual contact
is made:
4.4(1) emailing notice to the last known email address;
4.5(2) texting notice to the last known cell phone number;
4.6(3) mailing written notice to the last known home address; and
4.7(4) calling the last known phone number of the deactivated driver.
4.8(h) A deactivated driver notified under paragraph (g) has 90 days to request a deactivation
4.9reconsideration meeting. If a driver requests a deactivation reconsideration meeting,
the
4.10procedures provided in this section apply.
4.11 Sec. 4.
[181C.05] DISCRIMINATION AND RETALIATION PROHIBITED.
4.12(a) A TNC may not discriminate against any of its drivers, qualified applicants to
become
4.13drivers, riders, or potential riders due to race, national origin, color, religion,
age, gender,
4.14disability, sexual orientation, or gender identity. Nothing in this language prohibits
providing
4.15a reasonable accommodation to a person with a disability, for religious reasons, due
to
4.16pregnancy, or to remedy previous discriminatory behavior.
4.17(b) A TNC may not retaliate against or discipline a driver for raising a complaint
or
4.18pursuing enforcement of the provisions of this chapter.
4.19 Sec. 5.
[181C.06] CIVIL ACTION.
4.20A driver or a driver's beneficiaries may bring a civil action for damages for
4.21noncompliance or a violation of this chapter against a TNC in district court. An action
4.22brought under this section shall be commenced within two years.
4.23 Sec. 6.
[181C.07] REVOCATION OF LICENSE.
4.24Failure to comply with the requirements of this chapter subjects a TNC to revocation
of
4.25any license and right to operate issued by a local unit of government.
4.26 Sec. 7.
[181C.08] TRANSPARENCY.
4.27(a) When a TNC alerts a driver of a possible assignment to transport a rider, the
TNC
4.28must indicate:
5.1(1) the number of miles and likely travel time from the driver's current location
to the
5.2pickup;
5.3(2) the length and likely travel time of the trip; and
5.4(3) the minimum fare compensation for the trip.
5.5(b) Within 24 hours of each trip completion, the TNC must transmit a detailed electronic
5.6receipt to the driver containing the following information for each unique trip or
portion of
5.7a unique trip:
5.8(1) the date, location, total distance traveled, and time spent from acceptance of
the
5.9assignment to its completion;
5.10(2) the time taken and total distance traveled from pickup to drop-off of the rider;
5.11(3) an itemization of the total fare or fee paid by the rider;
5.12(4) the total compensation to the driver specifying the rate or rates of pay, the
rate per
5.13minute, rate per mile, any applicable price multiplier or variable pricing policy
in effect,
5.14tip compensation, and a specifically itemized list of all costs and reimbursements
to, or
5.15charged to, the driver; and
5.16(5) any other information necessary to implement this chapter.
5.17(c) To the extent the information has not been provided under paragraph (b), the TNC
5.18must also provide the driver with a detailed and itemized explanation of how the driver's
5.19total compensation is calculated in writing or electronically, including on average,
the
5.20percentage of the total collected fees and costs incurred by the TNC that are allocated
to
5.21the driver.
5.22(d) The TNC must provide notice to drivers of any changes to the drivers' total
5.23compensation in writing or electronically prior to the date the changes take effect.
5.24 Sec. 8.
[181C.09] COLLECTIVE BARGAINING AGREEMENTS; EMPLOYMENT
5.25STATUS.
5.26Notwithstanding any law to the contrary, nothing in this chapter prohibits collective
5.27bargaining or shall be used as a basis to conclude whether a driver is an employee
or
5.28independent contractor.
6.1 Sec. 9.
[181C.10] DRIVER CONTRACT REQUIREMENTS.
6.2A copy of this chapter must be attached to every driver contract for drivers in this
state.
6.3The rights and remedies established in this chapter are not required to be pursued
through
6.4arbitration and shall be at the election of the driver. Contracts that have already
been executed
6.5must have an addendum provided to each driver that includes a copy of this chapter
and
6.6notice that a driver may elect to pursue the remedies provided in this chapter, rather
than
6.7through arbitration. For cases that go to arbitration, the rights and damages that
drivers are
6.8entitled to in an arbitration proceeding shall be as provided in this chapter.
6.9 Sec. 10.
[181C.11] RELATIONSHIP OF THE PARTIES.
6.10Notwithstanding any other provision of law regarding independent contractors or
6.11employee status, nothing in this chapter affects whether a TNC is an employer of a
driver,
6.12nor whether a TNC driver is an employee of the TNC."
6.13Amend the title accordingly