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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
| 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 |
May 30, 2018: Signed by the Governor on 05/30/2018; Chapter 0130; Effective 05/30/2018
May 3, 2018: Enrolled (In recess 05/03/2018); SJ 17
May 3, 2018: Enrolled (In recess 05/03/2018); SJ 17
May 3, 2018: Enrolled 05/03/2018
April 26, 2018: Ought to Pass: MA VV 04/26/2018
: 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 17, 2018: Executive Session: 04/17/2018 01:30 PM LOB 302
April 10, 2018: Subcommittee Work Session: 04/10/2018 01:45 PM LOB 302
April 3, 2018: Public Hearing: 04/03/2018 10:45 AM LOB 302
March 7, 2018: Introduced 03/07/2018 and referred to Commerce and Consumer Affairs HJ 7 P. 51
Feb. 15, 2018: Ought to Pass: RC 14Y-10N, MA; OT3rdg; 02/15/2018; SJ 4
Feb. 15, 2018: Committee Report: Ought to Pass, 02/15/2018; SC 7
Jan. 30, 2018: Hearing: 01/30/2018, Room 100, SH, 01:45 pm; SC 4
Jan. 3, 2018: To Be Introduced 01/03/2018 and Referred to Commerce; SJ 1