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2022 House Bill 2076: Concerning rights and obligations of transportation network company drivers and transportation network companies
Introduced by Rep. Liz Berry (Seattle) (D) on January 21, 2022
Referred to the House Labor & Workplace Standards Committee on January 21, 2022
Substitute offered in the House on February 2, 2022
• Establishes minimum per mile and per minute rates for drivers of transportation network companies (TNCs) and provides drivers with paid sick leave, Paid Family Medical Leave, and workers' compensation coverage. • Creates uniform statewide regulations of TNCs. • Creates a fund for a Driver Resource Center to, among other things, support drivers in resolving disputes around deactivations. • Establishes statewide preemption with exceptions for certain local ordinances.
Referred to the House Transportation Committee on February 3, 2022
Amendment offered by Rep. Liz Berry (Seattle) (D) on February 23, 2022
Striking amendment. Establishes minimum per mile and per minute rates for drivers of transportation network companies (TNCs) and provides drivers with paid sick leave, Paid Family Medical Leave, and workers' compensation coverage.
The amendment passed by voice vote in the House on February 23, 2022
Amendment offered by Rep. Liz Berry (Seattle) (D) on February 23, 2022
33 definition of "driver" (thus, the factors determining whether a EFFECT: (1) Removes the reference to Title 50 RCW from the 34 2076-S AMH BERR TANG 165 4 - Official Print 1 driver is an employee do not apply for the purposes of unemployment 2 insurance). 3 (2) Specifies that generally applicable B&O, sales, excise, and 4 property taxes are not preempted. 5 (3) Provides that the .15 cent reduction of a per trip fee imposed 6 by a non-preempted local ordinance begins January 1, 2023. 7 (4) Amends the conditions under which a non-preempted local 8 ordinance's per ride fee imposed to offset the city's or county's enforcement costs may be adjusted. 9 10 (5) Specifies that workers' compensation premiums are based on total 11 passenger platform time and dispatch platform time. 12 (6) Removes the delayed effective date for provisions related to the 13 Department of Labor and Industries' enforcement. 14 (7) Makes numerous technical and clarifying corrections, such as 15 correcting cross-references, adding definitions of "Director," adding references to "per trip" that were inadvertently omitted, and 16 deleting duplicative subsections related to penalties and interest 17 in the enforcement provisions.
The amendment passed by voice vote in the House on February 23, 2022
Amendment offered by Rep. Jeremie Dufault (Yakima) (R) on February 23, 2022
Removes the provisions exempting certain local ordinances from preemption..
The amendment failed by voice vote in the House on February 23, 2022
• Establishes minimum per mile and per minute rates for drivers of transportation network companies (TNCs) and provides drivers with paid sick leave, Paid Family Medical Leave, and workers' compensation coverage. • Creates uniform statewide regulations of TNCs. • Creates a fund for a Driver Resource Center to, among other things, support drivers in resolving disputes around deactivations. • Establishes statewide preemption with exceptions for certain local ordinances.
Received in the Senate on February 25, 2022
Referred to the Senate Transportation Committee on February 25, 2022
Referred to the Senate Rules Committee on February 28, 2022
Amendment offered by Sen. Rebecca Saldaña (Seattle) (D) on March 4, 2022
(1) Adds additional protected classes regarding a transportation network company's (TNC's) nondiscrimination policy and nondiscrimination laws applicable to passengers and drivers. (2) Removes the vicarious liability protection applicable to TNCs. (3) Adds additional protected classes regarding the basis upon which a TNC may not refuse to contract with or terminate the contract of a driver. (4) Provides that drivers have all the rights and remedies available under chapter 49.60 RCW (Discrimination-Human Rights Commission) solely to enforce the prohibition against certain actions around contracting between TNCs and drivers. (5) Clarifies that the local preemption exceptions apply only to cities and counties of a certain population (currently Seattle and King County). (6) Provides that the preemption section may not be construed to preempt any generally applicable taxes, fees, or other charges.
The amendment passed by voice vote in the Senate on March 4, 2022
Received in the House on March 7, 2022
House concurred in Senate amendments. Passed final passage.
Signed with partial veto by Gov. Jay Inslee on March 31, 2022