HF 4746

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/11/2024 03:47pm

A bill for an act
relating to labor; regulating transportation network companies; providing a civil
cause of action; imposing criminal penalties; amending Minnesota Statutes 2022,
section 65B.472; proposing coding for new law as Minnesota Statutes, chapter
181C.

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

Section 1.

Minnesota Statutes 2022, section 65B.472, is amended to read:

65B.472 TRANSPORTATION NETWORK FINANCIAL RESPONSIBILITY.

Subdivision 1.

Definitions.

(a) Unless a different meaning is expressly made applicable,
the terms defined in paragraphs (b) through deleted text begin (g) deleted text end new text begin (p) new text end have the meanings given them for the
purposes of this deleted text begin chapter deleted text end new text begin section new text end .

(b) deleted text begin A deleted text end "Digital network" means any online-enabled application, software, website, or
system offered or utilized by a transportation network company that enables the
prearrangement of rides with transportation network company drivers.

new text begin (c) "Disability and income loss benefits" has the meaning given in section 65B.44,
subdivision 3, subject to the weekly maximum amount and with a maximum time period
of 104 weeks after the injury.
new text end

new text begin (d) "P1," "P2," and "P3" have the meanings given in section 181C.01, subdivision 4.
new text end

new text begin (e) "Funeral and burial expenses" has the meaning given in section 65B.44, subdivision
4.
new text end

new text begin (f) "Medical expense benefits" has the meaning given in section 65B.44, subdivision 2.
new text end

new text begin (g) "Personal injury" means a physical injury or mental impairment arising out of and
in the course of a prearranged ride. A personal injury is only covered if the injury occurs
to a driver during P2 or P3. A personal injury claimant is subject to the requirements of
section 65B.56.
new text end

deleted text begin (c) A deleted text end new text begin (h) new text end "Personal vehicle" means a vehicle that is used by a deleted text begin transportation network
company deleted text end new text begin TNC new text end driver in connection with providing a prearranged ride and is:

(1) owned, leased, or otherwise authorized for use by the deleted text begin transportation network company deleted text end
driver; and

(2) not a taxicab, limousine, for-hire vehicle, or a private passenger vehicle driven by a
volunteer driver.

deleted text begin (d) A deleted text end new text begin (i) new text end "Prearranged ride" means the provision of transportation by a driver to a rider,
beginning when a driver accepts a ride requested by a rider through a digital network
controlled by a transportation network company, continuing while the driver transports a
requesting rider, and ending when the last requesting rider departs from the personal vehicle.
A prearranged ride does not include transportation provided using a taxicab, limousine, or
other for-hire vehicle.

new text begin (j) "Replacement services loss benefits" has the meaning given in section 65B.44,
subdivision 5, subject to the weekly maximum amount and with a maximum time period
of 104 weeks after the injury.
new text end

new text begin (k) "Survivors economic loss benefits" has the meaning given in section 65B.44,
subdivision 6, subject to the weekly maximum amount and with a maximum time period
of 104 weeks after death.
new text end

new text begin (l) "Survivors replacement services loss benefits" has the meaning given in section
65B.44, subdivision 7, subject to the weekly maximum amount and with a maximum time
period of 104 weeks after death.
new text end

deleted text begin (e) A deleted text end new text begin (m) new text end "Transportation network company" new text begin or "TNC" new text end means a corporation, partnership,
sole proprietorship, or other entity that is operating in Minnesota that uses a digital network
to connect transportation network company riders to transportation network company drivers
who provide prearranged rides.

deleted text begin (f) A deleted text end new text begin (n) new text end "Transportation network company driver new text begin , new text end " new text begin "TNC driver," new text end or "driver" means
an individual who:

(1) receives connections to potential riders and related services from a transportation
network company in exchange for payment of a fee to the transportation network company;
and

(2) uses a personal vehicle to provide a prearranged ride to riders upon connection
through a digital network controlled by a transportation network company in return for
compensation or payment of a fee.

deleted text begin (g) A deleted text end new text begin (o) new text end "Transportation network company rider new text begin , new text end " new text begin "TNC rider," new text end or "rider" means an
individual or persons who use a transportation network company's digital network to connect
with a transportation network driver who provides prearranged rides to the rider in the
driver's personal vehicle between points chosen by the rider.

deleted text begin (h) A deleted text end new text begin (p) new text end "Volunteer driver" means an individual who transports persons or goods on
behalf of a nonprofit entity or governmental unit in a private passenger vehicle and receives
no compensation for services provided other than the reimbursement of actual expenses.

Subd. 2.

Maintenance of transportation network financial responsibility.

(a) A
transportation network company driver or transportation network company on the driver's
behalf shall maintain primary automobile insurance that recognizes that the driver is a
transportation network company driver or otherwise uses a vehicle to transport passengers
for compensation and covers the driver deleted text begin : deleted text end new text begin during P1, P2, and P3.
new text end

deleted text begin (1) while the driver is logged on to the transportation network company's digital network;
or
deleted text end

deleted text begin (2) while the driver is engaged in a prearranged ride.
deleted text end

(b) new text begin During P1, new text end the following automobile insurance requirements apply deleted text begin while a
participating transportation network company driver is logged on to the transportation
network company's digital network and is available to receive transportation requests but
is not engaged in a prearranged ride deleted text end :

(1) primary coverage insuring against loss resulting from liability imposed by law for
injury and property damage, including the requirements of section 65B.49, subdivision 3,
in the amount of not less than $50,000 because of death or bodily injury to one person in
any accident, $100,000 because of death or bodily injury to two or more persons in any
accident, and $30,000 for injury to or destruction of property of others in any one accident;

(2) security for the payment of basic economic loss benefits where required by section
65B.44 pursuant to the priority requirements of section 65B.47. A transportation network
company and a deleted text begin transportation network company deleted text end driver, during the period set forth in this
paragraph, are deemed to be in the business of transporting persons for purposes of section
65B.47, subdivision 1, and the insurance required under this subdivision shall be deemed
to cover the vehicle during the period set forth in this paragraph;

(3) primary uninsured motorist coverage and primary underinsured motorist coverage
where required by section 65B.49, subdivisions 3a and 4a; and

(4) the coverage requirements of this subdivision may be satisfied by any of the following:

(i) automobile insurance maintained by the transportation network company driver;

(ii) automobile insurance maintained by the transportation network company; or

(iii) any combination of items (i) and (ii).

(c) new text begin During P2 and P3, new text end the following automobile insurance requirements apply deleted text begin while a
transportation network company driver is engaged in a prearranged ride deleted text end :

(1) primary coverage insuring against loss resulting from liability imposed by law for
injury and property damage, including the requirements of section 65B.49, in the amount
of not less than $1,500,000 for death, injury, or destruction of property of others;

(2) security for the payment of basic economic loss benefits where required by section
65B.44 pursuant to the priority requirements of section 65B.47. A transportation network
company and a transportation network company driver, during the period set forth in this
paragraph, are deemed to be in the business of transporting persons for purposes of section
65B.47, subdivision 1, and the insurance required under this subdivision shall be deemed
to cover the vehicle during the period set forth in this paragraph;

(3) primary uninsured motorist coverage and primary underinsured motorist coverage
where required by section 65B.49, subdivisions 3a and 4a; and

(4) the coverage requirements of this subdivision may be satisfied by any of the following:

(i) automobile insurance maintained by the transportation network company driver;

(ii) automobile insurance maintained by the transportation network company; or

(iii) any combination of items (i) and (ii).

new text begin (d) During P2 and P3, a TNC must keep in place on behalf of the driver insurance that
provides reimbursement for all loss suffered through injury arising from the driver's work
for the TNC that is not otherwise covered by the insurance required under paragraphs (b)
and (c). The insurance coverage shall be in the amount of not less than $1,000,000 in the
aggregate due to personal injury and includes medical expense benefits, disability and
income loss benefits, funeral and burial expenses, replacement services loss benefits,
survivors economic loss benefits, and survivors replacement services loss benefits.
new text end

new text begin (e) Any insurer authorized to write accident and sickness insurance in this state shall
have the power to issue the blanket accident and sickness policy described in paragraph (d).
new text end

new text begin (f) A policy of blanket accident and sickness insurance as described in paragraph (d)
must include in substance the provisions required for individual policies that are applicable
to blanket accident and sickness insurance and the following provisions:
new text end

new text begin (1) a provision that the policy and the application of the policyholder constitutes the
entire contract between the parties, and that, in the absence of fraud, all statements made
by the policyholder are deemed representations and not warranties, and that a statement
made for the purpose of affecting insurance does not avoid insurance or reduce benefits
unless the statement is contained in a written instrument signed by the policyholder, a copy
of which has been furnished to such policyholder; and
new text end

new text begin (2) a provision that to the group or class originally insured shall be added from time to
time all new persons eligible for coverage.
new text end

new text begin (g) If an injury is covered by blanket accident and sickness insurance maintained by
more than one transportation network company, the insurer of the transportation network
company against whom a claim is filed is entitled to contribution for the pro rata share of
coverage attributable to one or more other transportation network companies up to the
coverages and limits in paragraph (d).
new text end

new text begin (h) Notwithstanding any other law, amounts paid or payable under the coverages required
by section 65B.49, subdivisions 3a and 4a, shall be reduced by the total amount of benefits
paid or payable under any insurance provided under paragraph (d).
new text end

deleted text begin (d) deleted text end new text begin (i) new text end If insurance maintained by the driver in paragraph (b) or (c) has lapsed or does
not provide the required coverage, insurance maintained by a transportation network company
shall provide the coverage required by this subdivision beginning with the first dollar of a
claim and have the duty to defend the claim.

deleted text begin (e) deleted text end new text begin (j) new text end Coverage under an automobile insurance policy maintained by the transportation
network company shall not be dependent on a personal automobile insurer first denying a
claim nor shall a personal automobile insurance policy be required to first deny a claim.

deleted text begin (f) deleted text end new text begin (k) new text end Insurance required by this subdivision must satisfy the requirements of chapter
60A.

deleted text begin (g) deleted text end new text begin (l) new text end Insurance satisfying the requirements of this subdivision shall be deemed to satisfy
the financial responsibility requirements under the Minnesota No-Fault Automobile Insurance
Act, sections 65B.41 to 65B.71.

deleted text begin (h) deleted text end new text begin (m) new text end A transportation network company driver shall carry proof of coverage satisfying
paragraphs (b) and (c) at all times during the driver's use of a vehicle in connection with a
transportation network company's digital network. In the event of an accident, a transportation
network company driver shall provide this insurance coverage information to the directly
interested parties, automobile insurers, and investigating police officers upon request pursuant
to section 65B.482, subdivision 1. Upon such request, a transportation network company
driver shall also disclose to directly interested parties, automobile insurers, and investigating
police officers whether the driver was logged on to the transportation network company's
digital network or on a prearranged ride at the time of an accident.

Subd. 3.

Disclosure to transportation network company drivers.

The transportation
network company shall disclose in writing to transportation network company drivers the
following before they are allowed to accept a request for a prearranged ride on the
transportation network company's digital network:

(1) the insurance coverage, including the types of coverage and the limits for each
coverage new text begin under subdivision 2, paragraphs (b), (c), and (d) new text end , that the transportation network
company provides while the transportation network company driver uses a personal vehicle
in connection with a transportation network company's digital network;

(2) that the transportation network company driver's own automobile insurance policy
might not provide any coverage while the driver is logged on to the transportation network
company's digital network and is available to receive transportation requests or is engaged
in a prearranged ride depending on its terms; and

(3) that using a vehicle with a lien against the vehicle to provide deleted text begin transportation network
services deleted text end new text begin prearranged rides new text end may violate the transportation network driver's contract with the
lienholder.

Subd. 4.

Automobile insurance provisions.

(a) Insurers that write automobile insurance
in Minnesota may exclude any and all coverage afforded under the owner's insurance policy
for any loss or injury that occurs deleted text begin while a driver is logged on to a transportation network
company's digital network or while a driver provides a prearranged ride deleted text end new text begin during P1, P2, and
P3 new text end . This right to exclude all coverage may apply to any coverage included in an automobile
insurance policy including, but not limited to:

(1) liability coverage for bodily injury and property damage;

(2) uninsured and underinsured motorist coverage;

(3) basic economic loss benefits as defined under section 65B.44;

(4) medical payments coverage;

(5) comprehensive physical damage coverage; and

(6) collision physical damage coverage.

These exclusions apply notwithstanding any requirement under the Minnesota No-Fault
Automobile Insurance Act, sections 65B.41 to 65B.71. Nothing in this section implies or
requires that a personal automobile insurance policy provide coverage deleted text begin while the driver is
logged on to the transportation network company's digital network, while the driver is
engaged in a prearranged ride, or while the driver otherwise uses a vehicle to transport
passengers for compensation deleted text end new text begin during P1, P2, or P3 new text end .

Nothing in this section shall be deemed to preclude an insurer from providing coverage
for the transportation network company driver's vehicle, if it so chooses to do so by contract
or endorsement.

(b) Automobile insurers that exclude coverage as permitted in paragraph (a) shall have
no duty to defend or indemnify any claim expressly excluded thereunder. Nothing in this
section shall be deemed to invalidate or limit an exclusion contained in a policy, including
any policy in use or approved for use in Minnesota prior to May 19, 2015, that excludes
coverage for vehicles used to carry persons or property for a charge or available for hire by
the public.

(c) An automobile insurer that defends or indemnifies a claim against a driver that is
excluded under the terms of its policy as permitted in paragraph (a) shall have a right of
contribution against other insurers that provide automobile insurance to the same driver in
satisfaction of the coverage requirements of subdivision 2 at the time of loss.

(d) In a claims coverage investigation, transportation network companies and any insurer
potentially providing coverage under subdivision 2 shall cooperate to facilitate the exchange
of relevant information with directly involved parties and any insurer of the transportation
network company driver if applicable, including the precise times that a transportation
network company driver logged on and off of the transportation network company's digital
network in the 12-hour period immediately preceding and in the 12-hour period immediately
following the accident and disclose to one another a clear description of the coverage,
exclusions, and limits provided under any automobile insurance maintained under subdivision
2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 2.

new text begin [181C.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For purposes of this chapter, the terms defined in this section
have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Deactivation. new text end

new text begin "Deactivation" means the suspension or termination of a driver's
ability to receive connections to potential riders from a transportation network company.
Deactivation also means an account being "on hold" or "waitlisting," if applicable to a TNC.
new text end

new text begin Subd. 3. new text end

new text begin Digital network. new text end

new text begin "Digital network" has the meaning given in section 65B.472,
subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Driver time periods. new text end

new text begin "Driver time periods" are divided into three exclusive
segments which have the following meanings:
new text end

new text begin (1) "period 1" or "P1" means the time when a driver is logged into a TNC application,
but has not accepted a ride offer;
new text end

new text begin (2) "period 2" or "P2" means the time when a driver is proceeding to pick up a rider
after choosing to accept a ride offer; and
new text end

new text begin (3) "period 3" or "P3" means the time when a driver is transporting a rider from a pickup
location to a dropoff location.
new text end

new text begin Subd. 5. new text end

new text begin Personal vehicle. new text end

new text begin "Personal vehicle" has the meaning given in section 65B.472,
subdivision 1.
new text end

new text begin Subd. 6. new text end

new text begin Seven-county metropolitan area. new text end

new text begin "Seven-county metropolitan area" means
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties.
new text end

new text begin Subd. 7. new text end

new text begin Transportation network company. new text end

new text begin "Transportation network company" or
"TNC" has the meaning given in section 65B.472, subdivision 1.
new text end

new text begin Subd. 8. new text end

new text begin Transportation network company driver. new text end

new text begin "Transportation network company
driver," "TNC driver," or "driver" has the meaning given in section 65B.472, subdivision
1.
new text end

new text begin Subd. 9. new text end

new text begin Transportation network company rider. new text end

new text begin "Transportation network company
rider," "TNC rider," or "rider" has the meaning given in section 65B.472, subdivision 1.
new text end

Sec. 3.

new text begin [181C.02] NOTICE AND PAY TRANSPARENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Compensation notice. new text end

new text begin (a) Upon initial or subsequent account activation,
and annually each year while a driver continues to maintain an account with the TNC, a
TNC must provide written notice of compensation to each driver containing the following
information:
new text end

new text begin (1) the right to legally required minimum compensation under section 181C.03;
new text end

new text begin (2) the frequency and manner of a driver's pay, including any policies covering driver
compensation;
new text end

new text begin (3) the rights and remedies available to a driver for a TNC's failure to comply with legal
obligations related to minimum compensation; and
new text end

new text begin (4) the driver's right to elect coverage of paid family and medical leave benefits, as
provided under chapter 268B.
new text end

new text begin (b) Written notice under this subdivision must be provided in understandable plain
language and made available in English, Amharic, Arabic, Hmong, Oromo, Somali, and
Spanish. TNCs operating in Minnesota must consider updating the languages in which they
offer the notice each year.
new text end

new text begin (c) The TNC must provide notice to a driver in writing or electronically of any changes
to the driver's compensation policy at least 48 hours before the date the changes take effect.
new text end

new text begin Subd. 2. new text end

new text begin Assignment notice. new text end

new text begin When a TNC alerts a driver of a possible assignment to
transport a rider, the ride offer must be available for sufficient time for the driver to review,
and the TNC must indicate:
new text end

new text begin (1) the estimated travel time and number of miles from the driver's current location to
the pickup location for P2;
new text end

new text begin (2) the estimated travel time and number of miles for the trip for P3; and
new text end

new text begin (3) the estimated total compensation.
new text end

new text begin Subd. 3. new text end

new text begin Daily trip receipt. new text end

new text begin Within 24 hours of each trip completion, the TNC must
transmit a detailed electronic receipt to the driver containing the following information for
each unique trip or portion of a unique trip:
new text end

new text begin (1) the date, pickup, and dropoff locations;
new text end

new text begin (2) the time and total mileage traveled from pick up to drop off of a rider or riders for
P3;
new text end

new text begin (3) the time and total mileage traveled from acceptance of the assignment to completion
for P2 and P3;
new text end

new text begin (4) total fare or fee paid by the rider or riders; and
new text end

new text begin (5) total compensation to the driver, specifying:
new text end

new text begin (i) the rate or rates of pay, any applicable price multiplier, or variable pricing policy in
effect;
new text end

new text begin (ii) any gratuity; and
new text end

new text begin (iii) an itemized list of all costs and reimbursements to, or charged to, the driver.
new text end

new text begin Subd. 4. new text end

new text begin Weekly summary. new text end

new text begin Each week, a TNC must transmit a weekly summary to a
driver in writing or electronically containing the following information for the preceding
calendar week:
new text end

new text begin (1) total time the driver logged into the TNC application;
new text end

new text begin (2) total time and mileage for P2 and P3 segments;
new text end

new text begin (3) total fares or fees paid by riders; and
new text end

new text begin (4) total compensation to the driver, including any gratuities.
new text end

new text begin Subd. 5. new text end

new text begin Record keeping. new text end

new text begin TNCs must maintain the trip receipts and weekly summaries
required under this section for at least three years.
new text end

Sec. 4.

new text begin [181C.03] MINIMUM COMPENSATION.
new text end

new text begin (a) Minimum compensation of a TNC driver under this section must be paid in a per
minute, per mile format, as follows:
new text end

new text begin (1) for each trip that starts in the seven-county metropolitan area, and subject to an annual
adjustment as provided under paragraph (f):
new text end

new text begin (i) $....... per mile and $....... per minute for any transportation of a rider by a driver; and
new text end

new text begin (ii) an additional $....... per mile and $....... per minute for any transportation of a rider
by a driver in a vehicle operated under the requirements in sections 299A.11 to 299A.17,
if applicable;
new text end

new text begin (iii) if a cancellation occurs after the driver has already departed to pick up a rider, 80
percent of the cancellation fee; and
new text end

new text begin (iv) at minimum, compensation of $5.00 for any transportation of a rider by a driver; or
new text end

new text begin (2) for each trip that starts outside of the seven-county metropolitan area, and subject to
an annual adjustment as provided under paragraph (f):
new text end

new text begin (i) $....... per mile and $....... per minute for any transportation of a rider by a driver;
new text end

new text begin (ii) an additional $....... per mile and $....... per minute for any transportation of a rider
by a driver in a vehicle operated under the requirements in sections 299A.11 to 299A.17,
if applicable;
new text end

new text begin (iii) if a cancellation occurs after the driver has already departed to pick up a rider, 80
percent of the cancellation fee; and
new text end

new text begin (iv) at minimum, compensation of $5.00 for any transportation of a rider by a driver.
new text end

new text begin (b) A TNC must pay a driver the minimum compensation required under this section
over a reasonable earnings period not to exceed 14 calendar days. The minimum
compensation required under this section guarantees a driver a certain level of compensation
in an earnings period that cannot be reduced. Nothing in this section prevents a driver from
earning, or a TNC from paying, a higher level of compensation.
new text end

new text begin (c) Any gratuities received by a driver from a rider or riders are the property of the driver
and are not included as part of the minimum compensation required by this section. A TNC
must pay the applicable driver all gratuities received by the driver in an earnings period no
later than the driver's next scheduled payment.
new text end

new text begin (d) For each earnings period, a TNC shall compare a driver's earnings, excluding
gratuities, against the required minimum compensation for that driver during the earnings
period. If the driver's earnings, excluding gratuities, in the earnings period are less than the
required minimum compensation for that earnings period, the TNC shall include an additional
sum accounting for the difference in the driver's earnings and the minimum compensation
no later than during the next earnings period.
new text end

new text begin (e) A TNC that uses software or collection technology to collect fees or fares must pay
a driver the compensation earned by the driver, regardless of whether the fees or fares are
actually collected.
new text end

new text begin (f) Beginning January 1, 2026, and each January 1 thereafter, the minimum compensation
required under paragraph (a) must be adjusted annually by the same process as the statewide
minimum wage under section 177.24, subdivision 1.
new text end

Sec. 5.

new text begin [181C.04] DEACTIVATION.
new text end

new text begin Subdivision 1. new text end

new text begin Deactivation policy; requirements. new text end

new text begin (a) A TNC must maintain a written
plain-language deactivation policy that provides the policies and procedures for the
suspension or termination of a driver's ability to receive connection to riders from the TNC.
Drivers must be provided a copy of the deactivation policy upon initial or subsequent account
activation and annually each year while the driver continues to maintain an account with
the TNC. The TNC must make the policies under this paragraph and any updates available
both online and in written form to the drivers at least 30 days before they are in effect.
new text end

new text begin (b) The deactivation policy must be provided in English, Amharic, Arabic, Hmong,
Oromo, Somali, and Spanish. TNCs operating in Minnesota must consider updating the
languages in which they offer the deactivation policy each year.
new text end

new text begin (c) Serious misconduct must be clearly defined in the TNC deactivation policy.
new text end

new text begin Subd. 2. new text end

new text begin Prohibitions for deactivation. new text end

new text begin A TNC must not deactivate a driver for:
new text end

new text begin (1) a violation not explicitly part of a TNC's written deactivation policy;
new text end

new text begin (2) a driver's ability to work a minimum number of hours;
new text end

new text begin (3) a driver's acceptance or rejection of a ride, as long as the acceptance or rejection is
not for a discriminatory purpose;
new text end

new text begin (4) a driver's good faith statement regarding compensation or working conditions made
publicly or privately; or
new text end

new text begin (5) a driver asserting their legal rights under any local, state, or federal law.
new text end

new text begin Subd. 3. new text end

new text begin Written notice. new text end

new text begin Except in cases of serious misconduct under subdivision 1,
paragraph (c), the TNC must provide written notice of deactivation three business days
before deactivation occurs. In cases of serious misconduct, the TNC must provide the driver
with written notice within three business days following deactivation. A written notice must
include:
new text end

new text begin (1) the reason for deactivation;
new text end

new text begin (2) anticipated length of the deactivation;
new text end

new text begin (3) when the deactivation will go into effect;
new text end

new text begin (4) an explanation of whether or not the deactivation can be reversed and clear steps for
the driver to take to reverse a deactivation;
new text end

new text begin (5) instructions for a driver to challenge the deactivation and information on their rights
under the appeals process provided under paragraph (f); and
new text end

new text begin (6) a notice that the driver has a right to assistance and information on how to contact a
driver advocacy group to assist in the deactivation appeal process, including the telephone
number and website information for one or more driver advocacy groups.
new text end

new text begin Subd. 4. new text end

new text begin Driver advocacy organizations. new text end

new text begin A driver advocacy group identified in the
notice must be an independent organization operating without influence from the TNC, and
a TNC may not have any control or influence over the day-to-day operations of the
organization's staff or management.
new text end

new text begin Subd. 5. new text end

new text begin Request for appeal. new text end

new text begin (a) The deactivation policy must provide the driver with
an immediate opportunity to appeal the deactivation upon receipt of the written notice and
an opportunity to provide information to support the request. An appeal process must provide
the driver with no less than 30 days to appeal the deactivation, allow the driver to have an
advocate or attorney present, and allow for an initial meeting no later than seven days after
the deactivation, unless the driver requests or agrees to a later date.
new text end

new text begin (b) A decision on the appeal must not take more than 15 days from the receipt of the
requested appeal and information to support the request. A TNC may use a third party to
assist with appeals.
new text end

new text begin (c) Except for allegations of serious misconduct under subdivision 1, paragraph (c), if
a decision on the appeal is not made within the time provided in this subdivision, unless the
driver requests or agrees to a continuance the alleged violation must be dismissed and cannot
form the basis of any further deactivation or other sanction.
new text end

new text begin (d) If the basis of a deactivation is an allegation of serious misconduct, the TNC must:
new text end

new text begin (1)(i) make a decision within 15 days from the receipt of the requested appeal and after
information to support the request has been provided, or (ii) provide the driver with a written
notice describing the reason the TNC is unable to provide a timely decision on the appeal;
and
new text end

new text begin (2) issue a decision on the appeal within 30 days of the request for the appeal when the
notice in item (i) has been provided or dismiss the allegation if the TNC fails to issue a
decision within this time period.
new text end

new text begin (e) The TNC must consider any information presented by the driver under the appeal
process. For a deactivation to be upheld, there must be evidence under the totality of the
circumstances to find that it is more likely than not that a rule violation subjecting the driver
to deactivation has occurred. A traffic ticket or other traffic or criminal charge alone is not
conclusive of a rule violation unless there has been a conviction.
new text end

new text begin (f) This section does not affect deactivations for economic reasons that are not targeted
at a particular driver or drivers.
new text end

new text begin (g) When a deactivation occurs due to a technical issue, the driver must be provided
reasonable compensation for the period of time the driver was not able to accept rides
through the TNC. For the purposes of this paragraph, "reasonable compensation" means
compensation for each day the driver was deactivated using the driver's daily average in
earnings from the TNC for the 90 days prior to the deactivation.
new text end

new text begin Subd. 6. new text end

new text begin Prior deactivations. new text end

new text begin (a) Consistent with the deactivation policy created under
this section, a driver who was deactivated after January 1, 2021, but before August 1, 2024,
may request an appeal of the deactivation under this section, if the driver provides notice
of the appeal within 90 days of the date of enactment and the deactivation was not due to
serious misconduct under subdivision 1, paragraph (c).
new text end

new text begin (b) By September 1, 2024, a TNC must provide notice of a right to appeal a deactivation
and a copy of the deactivation policy to all drivers deactivated after January 1, 2021. A
TNC must contact a deactivated driver using the following means, in the order listed:
new text end

new text begin (1) emailing notice to the last known email address;
new text end

new text begin (2) texting notice to the last known cell phone number;
new text end

new text begin (3) mailing written notice to the last known home address; and
new text end

new text begin (4) calling the last known phone number of the deactivated driver.
new text end

new text begin A TNC is not required to use all the contact methods in clauses (1) to (4) if the deactivated
driver confirms receipt of the notice. A TNC is not required to contact a previously
deactivated driver who is no longer deactivated.
new text end

new text begin (c) A deactivated driver notified under paragraph (d) has 90 days to appeal a deactivation.
If a driver appeals a deactivation, the procedures provided in this section apply, except that
the TNC may take up to 30 days to conduct an initial meeting and may take up to 45 days
to issue a final decision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to
deactivations that occur on or after that date except as provided in subdivision 6, paragraph
(a).
new text end

Sec. 6.

new text begin [181C.05] PRIVATE CIVIL ACTION; ENFORCEMENT.
new text end

new text begin (a) As provided under section 181.171, a driver or a driver's beneficiary may bring a
civil action seeking redress for violations of paragraph (d) and sections 181C.02, 181C.03,
and 181C.04 directly to district court. An action brought under this section must be
commenced within two years.
new text end

new text begin (b) The commissioner may issue an order under section 177.27, subdivision 4, requiring
an employer to comply with sections 181C.02 and 181C.03 under section 177.27, subdivision
4.
new text end

new text begin (c) As provided under section 181.1721, and in addition to enforcement by the department
under paragraph (a), the attorney general may enforce sections 181C.02 and 181C.03 under
section 181.1721.
new text end

new text begin (d) A TNC must not retaliate against or discipline a driver for (1) raising a complaint
under this chapter, or (2) pursuing enactment or enforcement of this chapter. A TNC must
not give less favorable or more favorable rides to a driver for making public or private
comments supporting or opposing working conditions or compensation at a TNC.
new text end

Sec. 7.

new text begin [181C.06] DISCRIMINATION PROHIBITED.
new text end

new text begin (a) A TNC may not discriminate against a TNC driver or a qualified applicant to become
a driver, due to race, national origin, color, creed, religion, sex, disability, sexual orientation,
marital status, or gender identity. Nothing in this section prohibits providing a reasonable
accommodation to a person with a disability, for religious reasons, due to pregnancy, or to
remedy previous discriminatory behavior.
new text end

new text begin (b) A TNC driver injured by a violation of this section is entitled to the remedies under
sections 363A.28 to 363A.35.
new text end

Sec. 8.

new text begin [181C.07] COLLECTIVE BARGAINING.
new text end

new text begin Notwithstanding any law to the contrary, nothing in this chapter prohibits collective
bargaining.
new text end

Sec. 9.

new text begin [181C.08] FORCED ARBITRATION PROHIBITED.
new text end

new text begin The rights and remedies established in this chapter are not required to be pursued through
arbitration and shall only be pursued through arbitration at the election of the driver. Contracts
that have already been executed must have an addendum provided to each driver that includes
a copy of this chapter and notice that a driver may elect to pursue the remedies provided in
this chapter, rather than through arbitration. For cases that go to arbitration, the rights and
damages that drivers are entitled to in an arbitration proceeding shall be as provided in this
chapter.
new text end

Sec. 10.

new text begin [181C.09] REVOCATION OF LICENSE.
new text end

new text begin A local unit of government may refuse to issue a license or may revoke a license and
right to operate issued to a TNC by the local unit of government for a TNC's failure to
comply with the requirements of this chapter.
new text end