House File 2414 S-5121 Amend House File 2414, as amended, passed, and 1 reprinted by the House, as follows: 2 1. Page 1, before line 1 by inserting: 3 < Section 1. Section 321.1, subsection 8, Code 2016, 4 is amended by adding the following new paragraphs: 5 NEW PARAGRAPH . j. A transportation network 6 company driver, as defined in section 321N.1, is not 7 a chauffeur. 8 NEW PARAGRAPH . k. A person operating a taxicab 9 having a seating capacity of less than seven passengers 10 and not operating on a regular route or between 11 specified points is not a chauffeur. 12 Sec. ___. Section 321.40, Code 2016, is amended by 13 adding the following new subsection: 14 NEW SUBSECTION . 6A. a. The department or the 15 county treasurer shall refuse to renew the registration 16 of a vehicle registered to an applicant if the 17 department or the county treasurer knows that the 18 applicant has not paid a civil penalty imposed on the 19 applicant pursuant to section 321N.2, subsection 2A. 20 An applicant may contest this action by requesting a 21 contested case proceeding from the department. The 22 department shall notify the county treasurers through 23 the distributed teleprocessing network of persons who 24 have not paid such civil penalties. 25 b. The county treasurer of the county of an 26 applicant’s residence and in which the applicant’s 27 vehicle is registered, in cooperation with the 28 department, may collect a civil penalty imposed on 29 the applicant pursuant to section 321N.2, subsection 30 2A, when the applicant applies for renewal of a 31 vehicle registration. The applicant may remit full 32 payment of the civil penalty, along with a processing 33 fee of five dollars, to the county treasurer at the 34 time of registration renewal. Upon full payment 35 -1- HF2414.3421 (1) 86 ns/nh 1/ 12 #1.

of the civil penalty, the processing fee, and the 1 vehicle registration fee, the county treasurer shall 2 issue the registration to the applicant. A county 3 treasurer collecting a civil penalty on behalf of 4 the department pursuant to this subsection shall 5 update the vehicle registration records through the 6 distributed teleprocessing network on a daily basis for 7 all applicants who have paid civil penalties pursuant 8 to this subsection. A county treasurer shall forward 9 all funds collected on behalf of the department to the 10 department. 11 Sec. ___. Section 321.236, subsection 7, Code 2016, 12 is amended to read as follows: 13 7. Licensing and regulating the operation of 14 vehicles offered to the public for hire and used 15 principally in intracity operation , except to the 16 extent such licensure and regulation conflicts with 17 section 321.241, section 321N.10, section 325A.6, or 18 any other provision of the Code . 19 Sec. ___. NEW SECTION . 321.241 Regulation of 20 taxicabs by local authorities —— limits. 21 1. A local authority shall not enact, enforce, 22 or maintain any ordinance, regulation, or rule that 23 imposes a requirement on a person operating a taxicab 24 having a seating capacity of less than seven passengers 25 and not operating on a regular route or between 26 specified points that is more restrictive than any of 27 the following: 28 a. Requiring the person to have a driver’s license 29 valid for the operation of the motor vehicle used as 30 a taxicab that is not an instruction permit, special 31 instruction permit, or temporary restricted license. 32 b. Prohibiting the person from operating the 33 taxicab if any of the following apply: 34 (1) The person is restricted to operating motor 35 -2- HF2414.3421 (1) 86 ns/nh 2/ 12

vehicles equipped with an ignition interlock device. 1 (2) The person’s driving privileges have been 2 suspended, revoked, barred, canceled, denied, or 3 disqualified in the prior three-year period. 4 (3) The person has been convicted of more than 5 three moving violations in the prior three-year period. 6 (4) The person has been convicted of violating 7 section 321.218, 321.277, or 321J.21, or section 8 321A.32, subsection 1, in the prior three-year period. 9 (5) The person has been convicted in the prior 10 seven-year period of a felony, of violating section 11 321J.2 or 321J.2A, or of any crime involving resisting 12 law enforcement, dishonesty, injury to another person, 13 damage to the property of another person, or operating 14 a vehicle in a manner that endangers another person. 15 (6) The person is registered on the national sex 16 offender registry. 17 2. A local authority shall not enact, enforce, 18 or maintain any ordinance, regulation, or rule 19 that requires a corporation, partnership, sole 20 proprietorship, or other entity that sells or offers 21 for sale transportation by taxicabs having a seating 22 capacity of less than seven passengers and not 23 operating on a regular route or between specified 24 points to maintain a physical place of business in 25 the local authority’s jurisdiction as a condition 26 of operating such taxicabs in the local authority’s 27 jurisdiction. 28 Sec. ___. Section 321.446, subsection 4, paragraph 29 c, Code 2016, is amended to read as follows: 30 c. If a child under fourteen years of age, or a 31 child fourteen years of age or older who is unable 32 to fasten a seatbelt due to a temporary or permanent 33 disability, is being transported in a taxicab or in a 34 personal vehicle operated by a transportation network 35 -3- HF2414.3421 (1) 86 ns/nh 3/ 12

company driver, as defined in section 321N.1, in a 1 manner that is not in compliance with subsection 1 or 2 2 , the parent, legal guardian, or other responsible 3 adult traveling with the child shall be served with a 4 citation for a violation of this section in lieu of 5 the taxicab operator or transportation network company 6 driver . Otherwise, if a passenger being transported 7 in the taxicab or in a personal vehicle operated by 8 a transportation network company driver is fourteen 9 years of age or older, the citation shall be served 10 on the passenger in lieu of the taxicab operator or 11 transportation network company driver . > 12 2. Page 1, after line 3 by inserting: 13 < 01. “Department” means the state department of 14 transportation. > 15 3. Page 1, line 5, by striking < software, > 16 4. Page 1, line 9, after < a > by inserting 17 < noncommercial > 18 5. Page 2, after line 16 by inserting: 19 < Sec. ___. NEW SECTION . 321N.1A Permit required —— 20 examination of records —— sanctions. 21 1. A transportation network company shall not 22 operate or conduct business in this state without a 23 permit issued pursuant to this section. 24 2. a. Upon the filing of an application by a 25 transportation network company with the department and 26 a determination by the department that the company is 27 in compliance with the provisions of this chapter, the 28 department shall issue a permit to the company. An 29 application filed pursuant to this section shall be in 30 writing and shall contain all of the following: 31 (1) The full legal name and tax identification 32 number of the applicant. 33 (2) The address of the applicant’s principal place 34 of business. 35 -4- HF2414.3421 (1) 86 ns/nh 4/ 12 #2. #3. #4. #5.

(3) A statement agreeing to comply with all 1 applicable requirements of this chapter signed by the 2 applicant. 3 (4) Proof of compliance with the financial 4 responsibility requirements of section 321N.3, 5 submitted in a manner prescribed by the department. 6 (5) Proof that the applicant has established a 7 zero tolerance policy for the use of drugs and alcohol 8 as provided in section 321N.2, submitted in a manner 9 prescribed by the department. 10 (6) Proof that the applicant requires personal 11 vehicles to comply with applicable motor vehicle 12 equipment requirements as provided in section 321N.2, 13 submitted in a manner prescribed by the department. 14 (7) Proof that the applicant has adopted and is 15 enforcing nondiscrimination and accessibility policies, 16 submitted in a manner prescribed by the department. 17 (8) Proof that the applicant has established 18 record retention guidelines, submitted in a manner 19 prescribed by the department, that comply with all of 20 the following: 21 (a) A record of a prearranged ride shall be 22 retained for at least six years after the date the 23 prearranged ride was provided, unless the company is 24 notified that the record is material to a judicial 25 proceeding, in which case the record shall be retained 26 for at least two years after final disposition of the 27 judicial proceeding. 28 (b) A record of a transportation network company 29 driver shall be retained for at least six years after 30 the date on which the driver’s activation on the 31 company’s digital network ended, unless the company 32 is notified that the record is material to a judicial 33 proceeding, in which case the record shall be retained 34 for at least two years after final disposition of the 35 -5- HF2414.3421 (1) 86 ns/nh 5/ 12

judicial proceeding. 1 b. The permit application shall be accompanied by a 2 fee of five thousand dollars. All fees received by the 3 department for permits issued pursuant to this section 4 shall be paid monthly to the treasurer of state and 5 deposited in the road use tax fund. 6 3. A permit issued pursuant to this section shall 7 be valid for one year after the date of issuance. 8 4. The department may deny issuance of a permit if 9 the department determines, and evidence demonstrates, 10 that the applicant is not in compliance or is unable to 11 comply with the provisions of this chapter. 12 5. The department may examine the records of a 13 transportation network company for the purpose of 14 enforcing this chapter. The examination may include 15 a random sample of the company’s records related to 16 transportation network company drivers and prearranged 17 rides. The examination shall take place at the 18 department’s motor vehicle division building unless 19 another location is agreed to by the department and 20 the company. Such examinations shall not occur more 21 than twice per year unless additional examinations are 22 necessary to investigate a complaint. Records obtained 23 by the department pursuant to this subsection are not 24 public records or otherwise subject to disclosure 25 under chapter 22, and shall be kept confidential by the 26 department except to the extent such records may be 27 required to be disclosed in a departmental or judicial 28 proceeding. 29 6. The department may suspend the permit of a 30 transportation network company for a violation of this 31 chapter or a rule adopted under this chapter until the 32 company demonstrates to the department that the company 33 is in compliance with the applicable requirements. The 34 department may revoke the permit of a transportation 35 -6- HF2414.3421 (1) 86 ns/nh 6/ 12

network company for continued noncompliance with this 1 chapter or a rule adopted under this chapter. 2 7. A transportation network company whose 3 application for a permit has been denied, or whose 4 permit has been suspended or revoked, shall have 5 all rights afforded to the company under chapter 17A 6 and rules adopted by the department to contest the 7 department’s decision. 8 8. The department may adopt rules pursuant to 9 chapter 17A to administer this section. > 10 6. Page 2, line 32, after < rides, > by inserting 11 < proof of financial liability coverage, as defined 12 in section 321.1, subsection 24B, covering the 13 individual’s use of the personal vehicle, > 14 7. Page 2, line 33, by striking < driver > and 15 inserting < individual > 16 8. Page 3, after line 5 by inserting: 17 < d. Obtain a disclosure form signed by the 18 individual notifying the individual of all of the 19 following: 20 (1) If a lien exists against a personal vehicle 21 the individual intends to use while acting as a 22 transportation network company driver, the individual 23 is required to notify the lienholder within the 24 seven-day period prior to using the vehicle for such 25 purposes that the individual intends to use the vehicle 26 for such purposes. 27 (2) If the individual is not the owner of the 28 personal vehicle the individual intends to use while 29 acting as a transportation network company driver, 30 the individual is required to notify the owner of the 31 vehicle within the seven-day period prior to using the 32 vehicle for such purposes that the individual intends 33 to use the vehicle for such purposes and that the 34 owner’s automobile insurance policy, depending on the 35 -7- HF2414.3421 (1) 86 ns/nh 7/ 12 #6. #7. #8.

policy’s terms, may not provide any coverage while 1 the individual is logged on to the company’s digital 2 network and is available to receive requests for a 3 prearranged ride, or while the individual is engaged in 4 a prearranged ride. 5 (3) Failure to notify a lienholder or an owner 6 pursuant to this paragraph “d” shall result in the 7 imposition of a civil penalty as provided in subsection 8 2A. 9 2A. If an individual fails to notify a lienholder 10 or an owner pursuant to subsection 2, the department 11 shall assess a civil penalty against the individual in 12 the amount of two hundred fifty dollars. All moneys 13 collected by the department pursuant to this subsection 14 shall be paid monthly to the treasurer of state and 15 deposited in the road use tax fund. > 16 9. Page 3, after line 8 by inserting: 17 < 0a. The individual does not have a driver’s 18 license valid for the operation of the personal 19 vehicle. A driver’s license valid for the operation of 20 the personal vehicle shall not include an instruction 21 permit, special instruction permit, or temporary 22 restricted license. 23 00a. The individual is restricted to operating 24 motor vehicles equipped with an ignition interlock 25 device. 26 000a. The individual’s driving privileges have 27 been suspended, revoked, barred, canceled, denied, or 28 disqualified in the prior three-year period. > 29 10. Page 3, line 10, after < violations > by 30 inserting < in the prior three-year period > 31 11. Page 3, after line 21 by inserting: 32 < 0e. The individual is not at least nineteen years 33 of age. > 34 12. Page 4, by striking lines 25 through 31 and 35 -8- HF2414.3421 (1) 86 ns/nh 8/ 12 #9. #10. #11.

inserting < destruction of property of others in any one 1 accident. > 2 13. Page 5, by striking lines 12 through 17 and 3 inserting < destruction of property of others in any one 4 accident. > 5 14. Page 8, lines 16 and 17, by striking < parties 6 directly involved in the claim > and inserting < one 7 another > 8 15. Page 8, after line 25 by inserting: 9 < Sec. ___. NEW SECTION . 321N.6 Identification of 10 drivers and vehicles. 11 Before a transportation network company rider 12 enters the personal vehicle of a transportation network 13 company driver, the transportation network company 14 shall disclose all of the following information to the 15 rider on the company’s digital network: 16 1. A picture that prominently displays the face of 17 the driver. 18 2. The make, model, and registration plate number 19 of the personal vehicle used by the driver. 20 Sec. ___. NEW SECTION . 321N.7 Electronic receipt. 21 Within a reasonable period of time following 22 the completion of a prearranged ride provided 23 to a transportation network company rider, the 24 transportation network company shall transmit an 25 electronic receipt to the rider containing all of the 26 following information: 27 1. The origin and destination of the trip. 28 2. The total time and distance of the trip. 29 3. An itemized account of the total fare paid by 30 the rider, if any. 31 Sec. ___. NEW SECTION . 321N.8 Street hails 32 prohibited. 33 A transportation network company driver shall not 34 solicit or accept riders hailing the driver from the 35 -9- HF2414.3421 (1) 86 ns/nh 9/ 12 #13. #14. #15.

street. 1 Sec. ___. NEW SECTION . 321N.9 Disclosure of 2 personal information. 3 1. A transportation network company shall not 4 disclose a transportation network company rider’s 5 personal information to a third party unless the rider 6 consents to the disclosure, the disclosure is required 7 by law, the disclosure is required to protect or defend 8 the terms of use of the company’s services, or the 9 disclosure is required to investigate a violation 10 of the terms of use. For purposes of this section, 11 “personal information” includes but is not limited to 12 the rider’s name, home address, telephone number, and 13 payment information. 14 2. Notwithstanding subsection 1, a transportation 15 network company may disclose a rider’s name and 16 telephone number to the driver providing a prearranged 17 ride to the rider in order to facilitate the 18 identification of the rider by the driver, or to 19 facilitate communication between the rider and the 20 driver. 21 Sec. ___. NEW SECTION . 321N.10 Regulation by 22 political subdivisions prohibited —— exception. 23 1. a. Except as otherwise provided in this 24 section, transportation network companies, 25 transportation network company drivers, and personal 26 vehicles, in the course of their operation pursuant 27 to this chapter, shall be exclusively controlled, 28 supervised, and regulated by the department in 29 accordance with this chapter. 30 b. Except as otherwise provided in this section, 31 no provision of this chapter shall be construed to 32 authorize a political subdivision of the state to 33 enact an ordinance regulating transportation network 34 companies, transportation network company drivers, or 35 -10- HF2414.3421 (1) 86 ns/nh 10/ 12

personal vehicles operated pursuant to this chapter. 1 2. No provision of this chapter shall be construed 2 to limit the rights and powers of a commercial service 3 airport, as defined in 49 U.S.C. §47102, to do any of 4 the following: 5 a. Regulate the operation of motor vehicles on 6 the airport’s premises in accordance with rules, 7 regulations, and policies adopted for the orderly use 8 of the airport. 9 b. Establish, alter, and collect rates, fees, 10 rental payments, or other charges for the use of the 11 airport’s services and facilities. > 12 16. Page 9, after line 9 by inserting: 13 < Sec. ___. Section 325A.2, subsection 2, Code 2016, 14 is amended to read as follows: 15 2. A local authority, as defined in section 321.1 , 16 shall not impose any regulations, including special 17 registration or inspection requirements, upon the 18 operation of motor carriers that are more restrictive 19 than any of the provisions of this chapter , or section 20 321.449 or 321.450 . This subsection does not, however, 21 prohibit a local authority from exercising the home 22 rule power of the local authority to impose additional 23 or more restrictive regulations or requirements upon 24 the operation of taxicabs or limousines engaged in 25 nonfixed route transportation for hire , except to the 26 extent such regulations or requirements conflict with 27 section 321.241, section 325A.6, or any other provision 28 of the Code . 29 Sec. ___. Section 325A.6, Code 2016, is amended to 30 read as follows: 31 325A.6 Insurance. 32 1. All Except as provided in subsection 2, all 33 motor carriers subject to this chapter shall have 34 minimum insurance coverage which meets the limits 35 -11- HF2414.3421 (1) 86 ns/nh 11/ 12 #16.

established in the federal motor carrier safety 1 regulations in 49 C.F.R. pt. 387. 2 2. All motor vehicles providing taxicab services, 3 having a seating capacity of less than seven 4 passengers, and not operating on a regular route 5 or between specified points shall maintain primary 6 automobile insurance in the amount of at least one 7 million dollars because of bodily injury to or death 8 of one or more persons and injury to or destruction of 9 property of others in any one accident. A political 10 subdivision of the state shall not enact an ordinance 11 requiring insurance coverage for such vehicles in 12 an amount different than the amount required by this 13 subsection. > 14 17. Page 9, after line 33 by inserting: 15 < Sec. ___. LOCAL ORDINANCES VOID —— VALIDITY OF 16 PROCEEDINGS. On January 1, 2017, all local ordinances, 17 regulations, and rules not consistent with this Act are 18 void. However, this Act shall not affect the validity 19 of any proceeding brought or punishment imposed prior 20 to January 1, 2017, for a violation of such a local 21 ordinance, regulation, or rule. 22 Sec. ___. EFFECTIVE DATE. This Act takes effect 23 January 1, 2017. > 24 18. Title page, line 2, after < companies > by 25 inserting < and taxicabs, providing penalties > 26 19. Title page, line 2, after < including > by 27 inserting < effective date and > 28 20. By renumbering, redesignating, and correcting 29 internal references as necessary. 30 ______________________________ TOD R. BOWMAN -12- HF2414.3421 (1) 86 ns/nh 12/ 12 #17. #18. #19. #20.