SB416 (2018) Detail

Relative to transportation network company drivers.


CHAPTER 130

SB 416 - FINAL VERSION

 

 

2018 SESSION

18-2780

05/08

 

SENATE BILL 416

 

AN ACT relative to transportation network company drivers.

 

SPONSORS: Sen. Birdsell, Dist 19; Sen. Innis, Dist 24; Sen. Bradley, Dist 3; Rep. Hunt, Ches. 11

 

COMMITTEE: Commerce

 

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ANALYSIS

 

This bill establishes criteria for determining whether transportation network company (TNC) drivers are TNC employees or independent contractors.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2780

05/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to transportation network company drivers.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

130:1  New Section; Transportation Network Company Drivers; Independent Contractors.  Amend RSA 376-A by inserting after section 19 the following new section:

376-A:20  TNC Drivers; Independent Contractors.  TNC drivers are presumed to be independent contractors and not employees of the TNC provided all of the following conditions are met:

I.  The TNC does not prescribe specific hours during which a TNC driver must be logged into the TNC's digital platform.

II.  The TNC imposes no restrictions on the TNC driver's ability to utilize digital platforms from other TNCs.

III.  The TNC does not assign a TNC driver a particular territory in which prearranged rides can be provided.

IV.  The TNC does not restrict a TNC driver from engaging in any other occupation or business.

V.  The TNC and TNC driver agree in writing that the TNC driver is an independent contractor of the TNC.

130:2  Effective Date.  This act shall take effect upon its passage.

 

Approved: May 30, 2018

Effective Date: May 30, 2018

Links

SB416 at GenCourtMobile

Action Dates

Date Body Type
Jan. 30, 2018 Senate Hearing
Feb. 15, 2018 Senate Floor Vote
April 3, 2018 House Hearing
April 17, 2018 House Exec Session
House Floor Vote
April 26, 2018 House Floor Vote

Bill Text Revisions

SB416 Revision: 4047 Date: May 31, 2018, 3:53 p.m.
SB416 Revision: 3611 Date: April 26, 2018, 3:05 p.m.
SB416 Revision: 2775 Date: Dec. 20, 2017, 11:58 a.m.

Docket

Date Status
Jan. 3, 2018 To Be Introduced 01/03/2018 and Referred to Commerce; SJ 1
Jan. 30, 2018 Hearing: 01/30/2018, Room 100, SH, 01:45 pm; SC 4
Feb. 15, 2018 Committee Report: Ought to Pass, 02/15/2018; SC 7
Feb. 15, 2018 Ought to Pass: RC 14Y-10N, MA; OT3rdg; 02/15/2018; SJ 4
March 7, 2018 Introduced 03/07/2018 and referred to Commerce and Consumer Affairs HJ 7 P. 51
April 3, 2018 Public Hearing: 04/03/2018 10:45 AM LOB 302
April 10, 2018 Subcommittee Work Session: 04/10/2018 01:45 PM LOB 302
April 17, 2018 Executive Session: 04/17/2018 01:30 PM LOB 302
Committee Report: Ought to Pass (Vote 17-0; CC)
April 26, 2018 Committee Report: Ought to Pass for 04/26/2018 (Vote 17-0; CC) HC 16 P. 4
April 26, 2018 Ought to Pass: MA VV 04/26/2018
May 3, 2018 Enrolled 05/03/2018
May 3, 2018 Enrolled (In recess 05/03/2018); SJ 17
May 3, 2018 Enrolled (In recess 05/03/2018); SJ 17
May 30, 2018 Signed by the Governor on 05/30/2018; Chapter 0130; Effective 05/30/2018