Bill
Number: H.B. 2262
Ward Floor Amendment
Reference to: CEM amendment
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
The Ward Floor Amendment makes changes to provisions pertaining to transportation networks:
Insurance Requirements
Transportation Network Operators
Trip Rate Calculation
Civil Penalties
Miscellaneous
Second Regular Session H.B. 2262
WARD FLOOR AMENDMENT
SENATE AMENDMENTS TO H.B. 2262
(Reference to CEM amendment)
Page 9, strike lines 1 through 4, insert:
"56. "Transportation network" means a company that uses a digital platform to match passengers to transportation network operators. Transportation network does not include the following:
(a) This state or a county, a city, a town or a political subdivision of this state and any related entity, a nonprofit agency or any other public body that coordinates, operates, promotes or sponsors public transportation, carpool or vanpool services.
(b) A program that is in place to meet federal air quality standards pursuant to section 49-404.
(c) Any individual, company or activity that meets the requirements of a rental car agent or rental company as defined in section 20‑331 if all of the following apply:
(i) Transportation is provided to another person.
(ii) The route is predetermined.
(iii) Any money exchanged between the provider of the transportation and the RECIPIENT does not exceed the cost of providing the transportation.
57. "Transportation network operator" means an individual who uses a transportation network vehicle to provide transportation network trips pursuant to title 41, chapter 15, article 8.
58. "Transportation network trip" means the time period that begins when a transportation network operator accepts a requested ride through the digital platform used by the transportation network, that continues while the transportation network operator transports the passenger and that ends when the passenger departs from the transportation network vehicle and the operator terminates the transportation network trip on the digital platform.
59. "Transportation network vehicle" means a vehicle that is used by a transportation network operator to provide transportation network trips, that has at least four doors, that is designed to carry not more than eight passengers, including the driver, and that meets the criteria set forth in title 41, chapter 15, article 8."
Renumber to conform
Page 14, line 2, strike "services" insert "trips"
Strike lines 4, 5 and 6
Renumber to conform
Line 14, strike "services" insert "trips"
Page 15, line 19, strike "service" insert "trip"
Line 29, strike "bodily injury"
Line 32, strike "service"; after the period insert "Notwithstanding any provision of title 20 or 28, the insurance policy required by this paragraph may be placed with an insurer authorized to transact business in this state pursuant to title 20, chapter 2, article 1 or a surplus lines insurer pursuant to title 20, chapter 2, article 5. A transportation network operator's personal automobile liability insurance policy that complies with the requirements of title 28, chapter 9 is sufficient to satisfy the financial responsibility requirements of title 28, chapter 9. The insurance policy required by this paragraph is not required to separately satisfy the requirements of title 28, chapter 9."
Page 16, line 1, strike "services" insert "trips"
Line 5, after "23" insert ", 34"
Line 8, strike "services" insert "trips"
Line 9, after the period strike remainder of line
Strike line 10
Line 11, strike "on request."
Strike lines 19 through 27, insert:
"8. Prohibit the use of drugs and alcohol or the operation of a transportation network vehicle by a transportation network operator while under the influence of drugs or alcohol during a transportation network trip. On receiving a complaint that a transportation network operator is under the influence of drugs or alcohol while providing a transportation network trip, the transportation network shall:
(a) immediately revoke the transportation network operator's access to its digital platform.
(b) conduct an investigation.
(c) require the operator to take a drug test.
(d) permanently deny access to the digital platform to any operator who violates this paragraph."
Page 16, line 30, after "that" insert ":
(a)"; strike "may" insert "might"
Between lines 31 and 32, insert:
"(b) Using the vehicle to provide transportation network trips may violate the terms of the operator's contract with a lienholder.
10. Cause its insurer to issue payment jointly to the transportation network operator and the primary lienholder on the covered vehicle or the business repairing the vehicle if the transportation network's insurer makes a payment for a claim covered under comprehensive or collision coverage."
Line 33, strike "services" insert "trips"
Line 35, after the period insert "IF the transportation network temporarily increases the rate calculation method, the increase must be disclosed and accepted by the passenger before beginning the transportation network trip in such a manner that the passenger's ride request cannot be completed unless the passenger accepts the rate calculation increase through the application."
Page 17, line 5, after "fare" insert "or donation"
Strike lines 14 and 15
Renumber to conform
Line 17, strike "services" insert "trips"
Between lines 18 and 19, insert:
"6. Electronically file or cause to be filed on a form prescribed by the department all of the following:
(i) information regarding the operator's current Arizona driver license.
(ii) information regarding the operator's current vehicle registration.
(iii) Proof meeting the requirements of section 28-4077 of the operator's personal automobile liability insurance policy.
(iv) Proof of a completed safety inspection pursuant to subsection A, paragraph 3 of this section.
7. Display a copy of the department's transportation network operator certificate issued pursuant to subsection E of this section during a transportation network trip."
Page 17, line 21, strike "Notwithstanding any other law,"
Line 23, strike "reasonable" insert "specific"; after the first "for" insert "commercial"
Line 28, strike "must apply" insert "is applicable"
Strike lines 34 and 35
Page 18, strike lines 1, 2 and 3, insert:
"E. The department shall issue an electronic certificate in a form prescribed by the department within five business days after a transportation network operator files the information required by subsection C of this section.
F. A transportation network that violates subsection A of this section is subject to a civil penalty not to exceed one thousand dollars for each violation and not more than ten thousand dollars for any thirty‑day period. A transportation network operator who violates licensing, registration and insurance requirements of this article is subject to a civil penalty pursuant to title 28. A transportation network operator who violates this article, except for licensing, registration and insurance requirements, is subject to a civil penalty not to exceed two hundred fifty dollars for each violation and not more than one thousand five hundred dollars for any thirty‑day period. A transportation network may request a hearing to review a civil penalty imposed under this subsection. The department shall conduct the hearing pursuant to chapter 6, article 10 of this title.
G. On receipt of a complaint for a violation of this article, the department may request information specific to the purported violation from a transportation network, a third party possessing relevant information or a transportation network operator."
Reletter to conform
Amend title to conform
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