Bill Text - SB416 (2018)

Relative to transportation network company drivers.


Revision: Dec. 20, 2017, 11:58 a.m.

SB 416  - AS INTRODUCED

 

 

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.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

 

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.

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

SB 416  - AS INTRODUCED

 

 

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

 

-----------------------------------------------------------------

 

ANALYSIS

 

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

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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:

 

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.

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