HOUSE OF REPRESENTATIVES

H.B. NO.

2463

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to transportation network companies.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that statewide regulation of transportation network companies is needed to ensure the safety, reliability, and costeffectiveness of prearranged rides provided through the digital network or software application service of a transportation network company for residents and visitors of the State.

     Accordingly, the purpose of this Act is to provide statewide regulation of transportation network companies and drivers used by transportation network companies to provide operational consistency across the State and to establish a permitting process within the department of transportation.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to title 15 to be appropriately designated and to read as follows:

"Chapter

transportation network companies

part i.  transportation network companies, generally

     §   -1  Definitions.  As used in this chapter:

     "Department" means the department of transportation.

     "Digital network" means any online-enabled technology application service, website, or system offered or used by a transportation network company that enables the prearrangement of rides with transportation network company drivers.

     "Director" means the director of transportation.

     "Dynamic pricing" means offering prearranged rids at prices that reflect changing market conditions at a time of greater rider demand and driver availability.

     "Personal vehicle" means a vehicle with a passenger seating capacity of not more than seven passengers, including the driver, that is owned, leased, or otherwise authorized for use by the transportation network company driver and used by a transportation network company driver to provide a prearranged ride.

     "Prearranged ride" means the provision of transportation by a transportation network company driver to a passenger, beginning when a transportation network company driver accepts a passenger's request for a ride through a digital network or software application service controlled by a transportation network company, continuing while the transportation network company driver transports the requesting passenger, and ending when the requesting passenger, or the last passenger from the requesting passenger's party, departs from the personal vehicle.

     "Transportation network company" or "company" means an entity registered pursuant to this chapter that uses a digital network or software application service to connect passengers to transportation network company drivers and does not own, control, operate, or manage the personal vehicles used by transportation network company drivers.

     "Transportation network company driver" or "driver" means an individual who:

     (1)  Operates a personal vehicle that is owned, leased, or otherwise authorized for use by the individual;

     (2)  Is contracted by a transportation network company, to transport a passenger between points chosen by the passenger and prearranged through a transportation network company; and

     (3)  Is logged onto the transportation network company's digital network or software application service and engaged in a prearranged ride.

     "Transportation network company rider" or "rider" means an individual or person who uses a transportation network company's digital network to connect with a transportation network company driver who provides prearranged rides to the rider in a transportation network company vehicle between destination  points chosen by the rider.

     "Transportation network company vehicle" or "vehicle" means a personal vehicle that is used by a transportation network company driver while connected to the digital network of a transportation network company and providing a prearranged ride to a passenger.

     §   -2  Director of transportation; authority.  The director shall:

     (1)  Enforce this chapter and the rules relating to transportation network companies and transportation network drivers;

     (2)  Investigate the actions of any person or organization acting in the capacity of a transportation network company driver; and

     (3)  Have the right to inspect the records of a transportation network company for the purpose of verifying that the company is in compliance with the requirements of this chapter.

     §   -3  Transportation network company registration; fee; fine.  (a)  No person shall engage in business as a transportation network company in the State without first registering with the director of transportation, the application for which shall be in a form to be determined by the director of transportation, which shall include:

     (1)  The name of the company, in-state address, in-state agent, phone number, and other contact information required by the director;

     (2)  If the company is registered out-of-state, in addition to the information required in paragraph (1), the name, address, and out-of-state contact information required by the director; and

     (3)  The general excise tax license number issued to the company pursuant to chapter 237.

     (b)  The director shall issue a registration to each applicant that satisfies the requirements established pursuant to this section and pays a registration fee of $        .

     (c)  Any transportation network company operating in the State without a valid registration shall be fined $        .

     (d)  Any transportation network company operating in the State before the effective date of this chapter may continue operating upon fulfilling the requirements of subsection (a) (1), (2), and (3) and the payment of the initial registration fee.

     §   -4  Unlawful operation; revocation or suspension of registration; suits by persons injured.  The director may revoke or suspend the registration of a transportation network company upon determining that the company has:

     (1)  Engaged in unfair or deceptive business practices prohibited by section 480-2;

     (2)  Engaged in any dishonest, fraudulent, or deceitful act;

     (3)  Misrepresented any material fact in obtaining registration; or

     (4)  Violated any of the provisions of this chapter.

     (b)  Any person who is injured by any unfair or deceptive act or practice prohibited by section 480-2 or by any provision of this chapter may bring proceedings to enjoin the unlawful practices and shall be awarded reasonable attorney's fees together with the costs of suit.

     §   -5  Transportation network company vehicles; certification.  (a)  No vehicle may be used by a transportation network company unless the company has certified, for each vehicle:

     (1)  The vehicle identification number;

     (2)  The registered owner's full legal name;

     (3)  Proof of registration for the motor vehicle in the name of the driver;

     (4)  The license plate number and expiration date;

     (5)  Proof of current vehicle safety inspection and date of the annual inspection for the motor vehicle; and

     (5)  Proof of insurance.

     (b)  A company shall ensure that the driver has renewed the vehicle's annual registration and passed the annual safety inspection.  The company shall suspend a driver's access to its digital network or software application service upon discovery of a driver's failure to renew the vehicle's annual registration or vehicle safety inspection.  Access to its digital network or software application service may be restored upon the driver's submission of documents confirming the renewal of the vehicle's annual registration and passing the annual safety inspection.

     (c)  No vehicle may be recertified unless all outstanding penalties assessed against the driver operating the vehicle being recertified are paid in full to the director.

     (d)  A transportation network company shall suspend the private transportation driver's access to its digital network or dispatch system upon discovery of a private transportation driver's failure to timely renew the annual registration or pass the annual motor vehicle safety inspection.

     §   -6  Identification of transportation network company vehicles and drivers.  (a)  The transportation network company's digital network shall display a picture of the transportation network company driver, the license plate number of the transportation network company vehicle, proof of motor vehicle insurance coverage, and any other information specified by the director upon receipt of a request for a prearranged ride from a potential rider and before the rider enters the vehicle.

     (b)  The transportation network company vehicle shall display a company-issued sign or marking to identify it as a transportation network company vehicle, which shall be:

     (1)  Large enough to be read at least fifty feet away from the vehicle during daylight hours, and

     (2)  Reflective, illuminated, or otherwise visible in the dark.

     §   -7  Security for protection of the public.  (a)  No transportation network company shall engage in business as a transportation network company unless the company provides evidence of financial responsibility sufficient to cover transportation network drivers, while the drivers:

     (1)  Are logged onto the company's digital network or software application service; and

     (2)  Are engaged in prearranged rides.

     (b)  The evidence of financial responsibility may include:

     (1)  An insurance policy that meets the requirements of section 431:10C703;

     (2)  Legal tender or other securities that is:

          (A)  In the form of a cashier's check, bank draft, irrevocable letter of credit, certified check, bond or other security determined to be satisfactory by the director in the total amount of $        ; or

          (B)  Security held by and made payable to the director, which shall not expire for a period of two years after the termination of the transportation network company registration; or

     (3)  Selfinsurer's certification:

          (A)  A certificate of self-insurance issued by the insurance commissioner if the commissioner is satisfied that the company has the financial ability to pay judgments as a selfinsurer; or

          (B)  An affidavit filed with the director by a company holding a certificate of self-insurance reciting that its certificate of self-insurance remains in full force and effect at the end of each calendar year or at any other time specified by the director.

     §   -8  Fare; dynamic pricing; disclosure, electronic receipt.  (a)  Before a prearranged ride, the transportation network company shall disclose the fare or estimated fare and the methodology of calculating the fare to a potential rider before the beginning of a prearranged ride.

     (b)  The transportation network company shall disclose to a potential rider:

     (1)  When dynamic pricing is in effect because of an emergency declaration of the governor, an emergency declaration of the president of the United States, or because of greater rider demand than driver availability at the usual the fare; and

     (2)  When dynamic pricing is in effect, the fare or estimated fare, and the methodology of calculating the fare before the beginning of a prearranged ride.

     (c)  Following the completion of a prearranged ride, the transportation network company shall transmit an electronic receipt to the rider that shall include:

     (1)  The origin and destination or destinations of the prearranged ride;

     (2)  The total time and distance of the prearranged ride; and

     (3)  The total fare paid.

     §   -9  Non-discrimination; accessibility.  (a)  The transportation network company shall adopt a policy of non-discrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity with respect to riders and potential riders and shall notify the transportation network company drivers used by the company of the policy.

     (b)  In addition to any policy established pursuant to subsection (a), transportation network company drivers shall comply with all applicable laws regarding non-discrimination against riders or potential riders on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity.

     (c)  Transportation network company drivers shall comply with all applicable laws to accommodate service animals.

     For purposes of this subsection, "service animal" has the same meaning as in section 347-2.5.

     (d)  A transportation network company shall not impose additional charges for providing services to persons with physical disabilities.

     §   -10  Records.  A transportation network company shall maintain:

     (1)  Global positioning system records and electronic records for each period during which a transportation network company driver is logged onto the transportation network company's digital network or software application service or is engaged in a prearranged ride for at least five years from the date each prearranged ride was provided;

     (2)  Transportation network company driver records at least until the five-year anniversary of the date on which a transportation network company driver's activation on the transportation network company digital network or software application service has ended; and

     (3)  The records for a transportation network vehicle for five years after the vehicle was last used to provide a prearranged ride.

     (b)  Records maintained under this section shall be made available not later than ten days after receipt of a written request for the record for purposes of any accident investigation or for resolving any other dispute related to a transportation network company driver while the driver is logged onto the transportation network company's digital network or software application service or while the driver is engaged in a prearranged ride.

     §   -11  Complaints; investigation and examination.  (a)  Any person having reason to believe that this chapter or the rules adopted pursuant thereto have been violated, or that the registration of a transportation network company under this chapter should be suspended or revoked, may file a written complaint with the director setting forth the details of the alleged violation or the grounds for suspension or revocation.

     (b)  The director is authorized to conduct investigations, examinations, and hearings of any violations or complaints arising from the operations of transportation network companies or a specific complaint against a transportation network company driver.  The director may:

     (1)  Direct, subpoena, or order the attendance of, and examine under oath, all persons whose testimony may be required about the operations of a transportation network company or complaint against a driver;

     (2)  Direct, subpoena, or order the production of books, accounts, files, and other documents the director deems relevant to the inquiry;

     (3)  Interview the officers, directors, employees, drivers, independent contractors, agents, and customers of the company subject to this chapter; and

     (4)  Hold hearings.

     (c)  To carry out the purposes of this section, the director may:

     (1)  Retain attorneys, accountants, or other professionals and specialists, who may be exempt from chapter 76, as examiners, auditors, or investigators to conduct or assist in the conduct of examinations or investigations; and

     (2)  Use, hire, contract, or employ public or privately available analytical systems, methods, or software to examine or investigate the company or person subject to this chapter.

     (d)  The director may charge an examination or investigation fee, as established by rule, based upon the cost per hour per examiner for all transportation network companies and persons subject to this chapter who are examined or investigated by the director.

     (e)  Unless otherwise provided by chapter 92F, the government records of any investigation or examination arising from a complaint of a violation of this chapter shall be made public only after a hearing.

PART II.  TRANSPORTATION NETWORK COMPANY DRIVERS

     §   -12  Transportation network company driver requirements; prohibitions.  (a)  An applicant to become a transportation network company driver shall submit an application to the transportation network company, which shall include:

     (1)  The applicant's name and address;

     (2)  A copy of the applicant's valid driver's license;

     (3)  A copy of the registration of the personal vehicle to be used by the applicant to provide transportation to a passenger;

     (4)  A copy of the motor vehicle insurance identification card for the personal vehicle to be used by the applicant;

     (5)  A copy of the applicant's general excise tax license;

     (6)  The applicant's certified abstract from the traffic violations bureau; and

     (7)  A certificate from a physician, selected by the applicant who attests that the applicant is free of any known medical condition that would put a passenger at risk.

     (b)  The transportation network company shall not permit a person to act as a transportation network company driver on its digital network who:

     (1)  Has more than three moving violations within the prior three years, or one of the following major violations in the past three years:

          (A)  Attempting to evade police;

          (B)  Reckless driving;

          (C)  Driving on a suspended or revoked license; or

          (D)  Driving under the influence of an intoxicant, including drugs or alcohol;

     (2)  Within the past seven years has been:

          (A)  Convicted of any felony; or

          (B)  Convicted of any misdemeanor relating to driving or to violent or sexual offenses;

     (3)  Is registered on the national sex offender registry or any state sex offender registry;

     (4)  Does not possess a valid driver's license;

     (5)  Does not possess proof of registration for the motor vehicle or vehicles used to provide prearranged rides;

     (6)  Does not possess proof of motor vehicle insurance for the motor vehicle or vehicles used to provide prearranged rides; or

     (7)  Is not at least nineteen years of age.

     §   -13  Transportation network driver; insurance.  (a)  A transportation network driver shall maintain a motor vehicle insurance policy on the personal vehicle used by a transportation network company driver to provide prearranged rides that meets the minimum coverage required by section 431:10C-703.

     (b)  A transportation network company shall provide each driver with a motor vehicle insurance identification card or other proof of coverage at all times during the transportation network company driver's use of a personal vehicle in connection with a transportation network company's digital network or software application service.  If an accident occurs involving a transportation network company driver, the transportation network company driver shall provide this proof of insurance coverage information to the directly interested parties, motor vehicle insurers, and investigating police officers.  The driver shall also disclose to directly interested parties, motor vehicle insurers, and investigating police officers whether the transportation network company driver was logged on to the transportation network company's digital network or software application service or engaged in a prearranged ride at the time of the accident.

     §   -14  Criminal history record check.  (a)  The transportation network company shall conduct a criminal history background check of each applicant to be a transportation network company driver that shall include criminal history record checks in accordance with section 846-2.7.  The fee charged by the Hawaii criminal justice data center to perform a criminal history record check may be passed on to the applicant.

     (b)  The State, the Hawaii criminal justice data center, and their respective officers and employees, shall be immune from civil liability for any official act, decision, or omission performed pursuant to this section that is not the result of gross negligence or willful misconduct.  The State, the Hawaii criminal justice data center, and their respective officers and employees shall be immune from civil liability for any act, decision, omission to act or decide, or use of the information by any transportation network company who receives information pursuant to this section."

     SECTION 3.  Section 431:10C-701, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§431:10C-701[]]  Definitions.  As used in this part:

     "Personal vehicle" means a vehicle [that is:

     (1)  Used] used by a transportation network company driver to provide a prearranged ride[;

     (2)  Owned, leased, or otherwise authorized for use by the transportation network company driver; and

     (3)  Not a taxicab, limousine, or other for-hire vehicle.], as defined in section    -1.

     "Prearranged ride" means the provision of transportation [by a transportation network company driver to a passenger, beginning when a transportation network company driver accepts a passenger's request for a ride through a digital network or software application service controlled by a transportation network company, continuing while the transportation network company driver transports the requesting passenger, and ending when the requesting passenger, or the last passenger from the requesting passenger's party, departs from the personal vehicle.  A prearranged ride shall not include transportation provided through a ridesharing arrangement, as defined in section 279G-1; use of a taxicab, limousine, or other for-hire vehicle; or a regional transportation provider.] as defined in section    -1.

     "Transportation network company" means an entity [that uses a digital network or software application service to connect passengers to transportation network company drivers; provided that the entity:

     (1)  Does not own, control, operate, or manage the personal vehicles used by transportation network company drivers; and

     (2)  Is not a taxicab association or a for-hire vehicle owner.] as defined in section    -1.

     "Transportation network company driver" or "driver" means [an individual who operates a personal vehicle used to transport a passenger between points chosen by the passenger and prearranged through a transportation network company and that is:

     (1)  Owned, leased, or otherwise authorized for use by the individual;

     (2)  Not a taxicab or for-hire vehicle; and

     (3)  Used to provide prearranged rides to passengers.]

a transportation network company or company as defined in section    -1."

     SECTION 4.  Section 846-2.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Criminalhistory record checks may be conducted by:

     (1)  The department of health or its designee on operators of adult foster homes for individuals with developmental disabilities or developmental disabilities domiciliary homes and their employees, as provided by section 321-15.2;

     (2)  The department of health or its designee on prospective employees, persons seeking to serve as providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health or health care services as provided by section 321-171.5;

     (3)  The department of health or its designee on all applicants for licensure or certification for, operators for, prospective employees, adult volunteers, and all adults, except adults in care, at healthcare facilities as defined in section 321-15.2;

     (4)  The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children as provided by section 302A-601.5;

     (5)  The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services;

     (6)  The county liquor commissions on applicants for liquor licenses as provided by section 281-53.5;

     (7)  The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations;

     (8)  The department of human services on operators and employees of child caring institutions, child placing organizations, and foster boarding homes as provided by section 346-17;

     (9)  The department of human services on prospective adoptive parents as established under section 346‑19.7;

    (10)  The department of human services or its designee on applicants to operate child care facilities, household members of the applicant, prospective employees of the applicant, and new employees and household members of the provider after registration or licensure as provided by section 346-154, and persons subject to section 346-152.5;

    (11)  The department of human services on persons exempt pursuant to section 346-152 to be eligible to provide child care and receive child care subsidies as provided by section 346-152.5;

    (12)  The department of health on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in community care foster family homes as provided by section 321-15.2;

    (13)  The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;

    (14)  The department of human services on employees, prospective employees, and volunteers of contracted providers and subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office or the Hawaii youth correctional facility as provided by section 352D-4.3;

    (15)  The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;

    (16)  The department of public safety on employees and prospective employees who are directly involved with the treatment and care of persons committed to a correctional facility or who possess police powers including the power of arrest as provided by section 353C-5;

    (17)  The board of private detectives and guards on applicants for private detective or private guard licensure as provided by section 463-9;

    (18)  Private schools and designated organizations on employees and prospective employees who may be in positions that necessitate close proximity to children; provided that private schools and designated organizations receive only indications of the states from which the national criminal history record information was provided pursuant to section 302C-1;

    (19)  The public library system on employees and prospective employees whose positions place them in close proximity to children as provided by section 302A‑601.5;

    (20)  The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, vulnerable adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment as provided by section 78-2.7;

    (21)  The department of health on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers as provided by section 321-15.2;

    (22)  The department of human services on purchase of service contracted and subcontracted service providers and their employees serving clients of the adult protective and community services branch, as provided by section 346-97;

    (23)  The department of human services on foster grandparent program, senior companion program, and respite companion program participants as provided by section 346-97;

    (24)  The department of human services on contracted and subcontracted service providers and their current and prospective employees that provide home and community-based services under section 1915(c) of the Social Security Act, title 42 United States Code section 1396n(c), or under any other applicable section or sections of the Social Security Act for the purposes of providing home and community-based services, as provided by section 346-97;

    (25)  The department of commerce and consumer affairs on proposed directors and executive officers of a bank, savings bank, savings and loan association, trust company, and depository financial services loan company as provided by section 412:3-201;

    (26)  The department of commerce and consumer affairs on proposed directors and executive officers of a nondepository financial services loan company as provided by section 412:3-301;

    (27)  The department of commerce and consumer affairs on the original chartering applicants and proposed executive officers of a credit union as provided by section 412:10-103;

    (28)  The department of commerce and consumer affairs on:

          (A)  Each principal of every non-corporate applicant for a money transmitter license;

          (B)  Each person who upon approval of an application by a corporate applicant for a money transmitter license will be a principal of the licensee; and

          (C)  Each person who upon approval of an application requesting approval of a proposed change in control of licensee will be a principal of the licensee,

          as provided by sections 489D-9 and 489D‑15;

    (29)  The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;

    (30)  The Hawaii health systems corporation on:

          (A)  Employees;

          (B)  Applicants seeking employment;

          (C)  Current or prospective members of the corporation board or regional system board; or

          (D)  Current or prospective volunteers, providers, or contractors,

          in any of the corporation's health facilities as provided by section 323F-5.5;

    (31)  The department of commerce and consumer affairs on:

          (A)  An applicant for a mortgage loan originator license, or license renewal; and

          (B)  Each control person, executive officer, director, general partner, and managing member of an applicant for a mortgage loan originator company license or license renewal,

          as provided by chapter 454F;

    (32)  The state public charter school commission or public charter schools on employees, teacher trainees, prospective employees, and prospective teacher trainees in any public charter school for any position that places them in close proximity to children, as provided in section 302D-33;

    (33)  The counties on prospective employees who work with children, vulnerable adults, or senior citizens in community-based programs;

    (34)  The counties on prospective employees for fire department positions which involve contact with children or vulnerable adults;

    (35)  The counties on prospective employees for emergency medical services positions which involve contact with children or vulnerable adults;

    (36)  The counties on prospective employees for emergency management positions and community volunteers whose responsibilities involve planning and executing homeland security measures including viewing, handling, and engaging in law enforcement or classified meetings and assisting vulnerable citizens during emergencies or crises;

    (37)  The State and counties on employees, prospective employees, volunteers, and contractors whose position responsibilities require unescorted access to secured areas and equipment related to a traffic management center;

    (38)  The State and counties on employees and prospective employees whose positions involve the handling or use of firearms for other than law enforcement purposes;

    (39)  The State and counties on current and prospective systems analysts and others involved in an agency's information technology operation whose position responsibilities provide them with access to proprietary, confidential, or sensitive information;

    (40)  The department of commerce and consumer affairs on:

          (A)  Applicants for real estate appraiser licensure or certification as provided by chapter 466K;

          (B)  Each person who owns more than ten per cent of an appraisal management company who is applying for registration as an appraisal management company, as provided by section 466L-7; and

          (C)  Each of the controlling persons of an applicant for registration as an appraisal management company, as provided by section 466L-7;

    (41)  The department of health or its designee on all license applicants, licensees, employees, contractors, and prospective employees of medical cannabis dispensaries, and individuals permitted to enter and remain in medical cannabis dispensary facilities as provided under sections 329D-15(a)(4) and 329D‑16(a)(3);

    (42)  The department of commerce and consumer affairs on applicants for nurse licensure or license renewal, reactivation, or restoration as provided by sections 457-7, 457-8, 457-8.5, and 457-9;

    (43)  The county police departments on applicants for permits to acquire firearms pursuant to section 134-2 and on individuals registering their firearms pursuant to section 134-3;

    (44)  The department of commerce and consumer affairs on:

          (A)  Each of the controlling persons of the applicant for licensure as an escrow depository, and each of the officers, directors, and principals who will be in charge of the escrow depository's activities upon licensure; and

          (B)  Each of the controlling persons of an applicant for proposed change in control of an escrow depository licensee, and each of the officers, directors, and principals who will be in charge of the licensee's activities upon approval of such application,

          as provided by chapter 449;

    (45)  The department of taxation on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 231-1.6;

    (46)  The department of labor and industrial relations on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 383-110;

    (47)  The department of human services on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 346-2.5;

    (48)  The child support enforcement agency on current or prospective employees, or contractors who have access to federal tax information in order to comply with federal law, regulation, or procedure, as provided by section 576D-11.5; [and]

    (49)  Transportation network companies on applicants for positions as transportation network company drivers; and

   [(49)] (50)Any other organization, entity, or the State, its branches, political subdivisions, or agencies as may be authorized by state law."

     SECTION 5.  Section 431:10C-704, Hawaii Revised Statutes, is repealed.

     ["[§431:10C-704]  Records.  (a)  A transportation network company shall maintain:

     (1)  Global positioning system records and electronic records for each period while a transportation network company driver is logged onto the transportation network company's digital network or software application service or is engaged in a prearranged ride for at least five years from the date each prearranged ride was provided; and

     (2)  Transportation network company driver records at least until the five-year anniversary of the date on which a transportation network company driver's activation on the transportation network company digital network or software application service has ended.

     (b)  Records maintained under this section shall be made readily available for purposes of an accident investigation pursuant to section 431:10C-703(k) or resolving any other dispute related to transportation network company drivers while they are logged onto the transportation network company's digital network or software application service or while they are engaged in a prearranged ride, no later than ten days after receipt of a written request for such record."]

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on January 1, 2021.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Transportation Network Companies; DOT; Registration

 

Description:

Requires transportation network companies to be registered with the Director of Transportation.  Establishes requirements for transportation network company drivers.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.