House File 2414 S-5122 Amend House File 2414, as amended, passed, and 1 reprinted by the House, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 321.1, subsection 8, Code 2016, 5 is amended by adding the following new paragraphs: 6 NEW PARAGRAPH . j. A transportation network 7 company driver, as defined in section 321N.1, is not 8 a chauffeur. 9 NEW PARAGRAPH . k. A person operating a taxicab 10 having a seating capacity of less than seven passengers 11 and not operating on a regular route or between 12 specified points is not a chauffeur. 13 Sec. 2. Section 321.40, Code 2016, is amended by 14 adding the following new subsection: 15 NEW SUBSECTION . 6A. a. The department or the 16 county treasurer shall refuse to renew the registration 17 of a vehicle registered to an applicant if the 18 department or the county treasurer knows that the 19 applicant has not paid a civil penalty imposed on the 20 applicant pursuant to section 321N.3, subsection 3. 21 An applicant may contest this action by requesting a 22 contested case proceeding from the department. The 23 department shall notify the county treasurers through 24 the distributed teleprocessing network of persons who 25 have not paid such civil penalties. 26 b. The county treasurer of the county of an 27 applicant’s residence and in which the applicant’s 28 vehicle is registered, in cooperation with the 29 department, may collect a civil penalty imposed on the 30 applicant pursuant to section 321N.3, subsection 3, 31 when the applicant applies for renewal of a vehicle 32 registration. The applicant may remit full payment 33 of the civil penalty, along with a processing fee 34 of five dollars, to the county treasurer at the 35 -1- HF2414.3424 (2) 86 ns/nh 1/ 21 #1.

time of registration renewal. Upon full payment 1 of the civil penalty, the processing fee, and the 2 vehicle registration fee, the county treasurer shall 3 issue the registration to the applicant. A county 4 treasurer collecting a civil penalty on behalf of 5 the department pursuant to this subsection shall 6 update the vehicle registration records through the 7 distributed teleprocessing network on a daily basis for 8 all applicants who have paid civil penalties pursuant 9 to this subsection. A county treasurer shall forward 10 all funds collected on behalf of the department to the 11 department. 12 Sec. 3. Section 321.236, subsection 7, Code 2016, 13 is amended to read as follows: 14 7. Licensing and regulating the operation of 15 vehicles offered to the public for hire and used 16 principally in intracity operation , except to the 17 extent such licensure and regulation conflicts with 18 section 321.241, section 321N.11, section 325A.6, or 19 any other provision of the Code . 20 Sec. 4. NEW SECTION . 321.241 Regulation of 21 taxicabs by local authorities —— limits. 22 1. A local authority shall not enact, enforce, 23 or maintain any ordinance, regulation, or rule that 24 imposes a requirement on a person operating a taxicab 25 having a seating capacity of less than seven passengers 26 and not operating on a regular route or between 27 specified points that is more restrictive than any of 28 the following: 29 a. Requiring the person to have a driver’s license 30 valid for the operation of the motor vehicle used as 31 a taxicab that is not an instruction permit, special 32 instruction permit, or temporary restricted license. 33 b. Prohibiting the person from operating the 34 taxicab if any of the following apply: 35 -2- HF2414.3424 (2) 86 ns/nh 2/ 21

(1) The person is restricted to operating motor 1 vehicles equipped with an ignition interlock device. 2 (2) The person’s driving privileges have been 3 suspended, revoked, barred, canceled, denied, or 4 disqualified in the prior three-year period. 5 (3) The person has been convicted of more than 6 three moving violations in the prior three-year period. 7 (4) The person has been convicted of violating 8 section 321.218, 321.277, or 321J.21, or section 9 321A.32, subsection 1, in the prior three-year period. 10 (5) The person has been convicted in the prior 11 seven-year period of a felony, of violating section 12 321J.2 or 321J.2A, or of any crime involving resisting 13 law enforcement, dishonesty, injury to another person, 14 damage to the property of another person, or operating 15 a vehicle in a manner that endangers another person. 16 (6) The person is registered on the national sex 17 offender registry. 18 2. A local authority shall not enact, enforce, 19 or maintain any ordinance, regulation, or rule 20 that requires a corporation, partnership, sole 21 proprietorship, or other entity that sells or offers 22 for sale transportation by taxicabs having a seating 23 capacity of less than seven passengers and not 24 operating on a regular route or between specified 25 points to maintain a physical place of business in 26 the local authority’s jurisdiction as a condition 27 of operating such taxicabs in the local authority’s 28 jurisdiction. 29 Sec. 5. Section 321.446, subsection 4, paragraph c, 30 Code 2016, is amended to read as follows: 31 c. If a child under fourteen years of age, or a 32 child fourteen years of age or older who is unable 33 to fasten a seatbelt due to a temporary or permanent 34 disability, is being transported in a taxicab or in a 35 -3- HF2414.3424 (2) 86 ns/nh 3/ 21

personal vehicle operated by a transportation network 1 company driver, as defined in section 321N.1, in a 2 manner that is not in compliance with subsection 1 or 3 2 , the parent, legal guardian, or other responsible 4 adult traveling with the child shall be served with a 5 citation for a violation of this section in lieu of 6 the taxicab operator or transportation network company 7 driver . Otherwise, if a passenger being transported 8 in the taxicab or in a personal vehicle operated by 9 a transportation network company driver is fourteen 10 years of age or older, the citation shall be served 11 on the passenger in lieu of the taxicab operator or 12 transportation network company driver . 13 Sec. 6. NEW SECTION . 321N.1 Definitions. 14 As used in this chapter, unless the context 15 otherwise requires: 16 1. “Department” means the state department of 17 transportation. 18 2. “Digital network” means an online-enabled 19 application, internet site, or system offered or 20 utilized by a transportation network company that 21 enables transportation network company riders to 22 prearrange rides with transportation network company 23 drivers. 24 3. “Personal vehicle” means a noncommercial motor 25 vehicle that is used by a transportation network 26 company driver and is owned, leased, or otherwise 27 authorized for use by the transportation network 28 company driver. “Personal vehicle” does not include a 29 taxicab, limousine, or other vehicle for hire. 30 4. “Prearranged ride” means the provision of 31 transportation by a transportation network company 32 driver to a transportation network company rider. 33 A prearranged ride begins when a driver accepts a 34 ride request from a rider through a digital network 35 -4- HF2414.3424 (2) 86 ns/nh 4/ 21

controlled by a transportation network company, 1 continues while the driver transports the requesting 2 rider, and ends when the last requesting rider departs 3 from the driver’s personal vehicle. A prearranged 4 ride does not include transportation provided using a 5 taxicab, limousine, or other vehicle for hire, or a 6 shared expense carpool or vanpool arrangement. 7 5. “Transportation network company” or “company” 8 means a corporation, partnership, sole proprietorship, 9 or other entity that operates in this state and 10 uses a digital network to connect transportation 11 network company riders to transportation network 12 company drivers who provide prearranged rides. A 13 transportation network company is not deemed to 14 control, direct, or manage a transportation network 15 company driver that connects to its digital network, 16 or the driver’s personal vehicle, except as agreed to 17 by the company and the driver pursuant to a written 18 contract. 19 6. “Transportation network company driver” or 20 “driver” means an individual who does all of the 21 following: 22 a. Receives connections to potential transportation 23 network company riders and other related services 24 from a transportation network company in exchange for 25 payment of a fee to the transportation network company. 26 b. Uses a personal vehicle to offer or provide 27 prearranged rides to transportation network company 28 riders upon connection through a digital network 29 controlled by a transportation network company in 30 return for compensation or payment of a fee. 31 7. “Transportation network company rider” or “rider” 32 means an individual or group of individuals who use 33 a transportation network company’s digital network to 34 connect with a transportation network company driver to 35 -5- HF2414.3424 (2) 86 ns/nh 5/ 21

request a prearranged ride for the individual or group 1 of individuals, and who receive the prearranged ride in 2 the driver’s personal vehicle between locations chosen 3 by the individual or group of individuals. 4 Sec. 7. NEW SECTION . 321N.2 Permit required —— 5 examination of records —— sanctions. 6 1. A transportation network company shall not 7 operate or conduct business in this state without a 8 permit issued pursuant to this section. 9 2. a. Upon the filing of an application by a 10 transportation network company with the department and 11 a determination by the department that the company is 12 in compliance with the provisions of this chapter, the 13 department shall issue a permit to the company. An 14 application filed pursuant to this section shall be in 15 writing and shall contain all of the following: 16 (1) The full legal name and tax identification 17 number of the applicant. 18 (2) The address of the applicant’s principal place 19 of business. 20 (3) A statement agreeing to comply with all 21 applicable requirements of this chapter signed by the 22 applicant. 23 (4) Proof of compliance with the financial 24 responsibility requirements of section 321N.4, 25 submitted in a manner prescribed by the department. 26 (5) Proof that the applicant has established a 27 zero tolerance policy for the use of drugs and alcohol 28 as provided in section 321N.3, submitted in a manner 29 prescribed by the department. 30 (6) Proof that the applicant requires personal 31 vehicles to comply with applicable motor vehicle 32 equipment requirements as provided in section 321N.3, 33 submitted in a manner prescribed by the department. 34 (7) Proof that the applicant has adopted and is 35 -6- HF2414.3424 (2) 86 ns/nh 6/ 21

enforcing nondiscrimination and accessibility policies, 1 submitted in a manner prescribed by the department. 2 (8) Proof that the applicant has established 3 record retention guidelines, submitted in a manner 4 prescribed by the department, that comply with all of 5 the following: 6 (a) A record of a prearranged ride shall be 7 retained for at least six years after the date the 8 prearranged ride was provided, unless the company is 9 notified that the record is material to a judicial 10 proceeding, in which case the record shall be retained 11 for at least two years after final disposition of the 12 judicial proceeding. 13 (b) A record of a transportation network company 14 driver shall be retained for at least six years after 15 the date on which the driver’s activation on the 16 company’s digital network ended, unless the company 17 is notified that the record is material to a judicial 18 proceeding, in which case the record shall be retained 19 for at least two years after final disposition of the 20 judicial proceeding. 21 b. The permit application shall be accompanied by a 22 fee of five thousand dollars. All fees received by the 23 department for permits issued pursuant to this section 24 shall be paid monthly to the treasurer of state and 25 deposited in the road use tax fund. 26 3. A permit issued pursuant to this section shall 27 be valid for one year after the date of issuance. 28 4. The department may deny issuance of a permit if 29 the department determines, and evidence demonstrates, 30 that the applicant is not in compliance or is unable to 31 comply with the provisions of this chapter. 32 5. The department may examine the records of a 33 transportation network company for the purpose of 34 enforcing this chapter. The examination may include 35 -7- HF2414.3424 (2) 86 ns/nh 7/ 21

a random sample of the company’s records related to 1 transportation network company drivers and prearranged 2 rides. The examination shall take place at the 3 department’s motor vehicle division building unless 4 another location is agreed to by the department and 5 the company. Such examinations shall not occur more 6 than twice per year unless additional examinations are 7 necessary to investigate a complaint. Records obtained 8 by the department pursuant to this subsection are not 9 public records or otherwise subject to disclosure 10 under chapter 22, and shall be kept confidential by the 11 department except to the extent such records may be 12 required to be disclosed in a departmental or judicial 13 proceeding. 14 6. The department may suspend the permit of a 15 transportation network company for a violation of this 16 chapter or a rule adopted under this chapter until the 17 company demonstrates to the department that the company 18 is in compliance with the applicable requirements. The 19 department may revoke the permit of a transportation 20 network company for continued noncompliance with this 21 chapter or a rule adopted under this chapter. 22 7. A transportation network company whose 23 application for a permit has been denied, or whose 24 permit has been suspended or revoked, shall have 25 all rights afforded to the company under chapter 17A 26 and rules adopted by the department to contest the 27 department’s decision. 28 8. The department may adopt rules pursuant to 29 chapter 17A to administer this section. 30 Sec. 8. NEW SECTION . 321N.3 Exclusions —— driver 31 requirements. 32 1. A transportation network company, a 33 transportation network company driver, or a personal 34 vehicle used to provide a prearranged ride is not a 35 -8- HF2414.3424 (2) 86 ns/nh 8/ 21

motor carrier as defined in section 325A.1, private 1 carrier as defined in section 325A.1, charter carrier 2 as defined in section 325A.12, or common carrier. 3 2. Prior to permitting an individual to act 4 as a transportation network company driver on a 5 transportation network company’s digital network, the 6 company shall do all of the following: 7 a. Require the individual to submit an application 8 to the company with the individual’s name, address, 9 and age, and with copies of the individual’s driver’s 10 license, the registration for the personal vehicle the 11 individual will use to provide prearranged rides, proof 12 of financial liability coverage, as defined in section 13 321.1, subsection 24B, covering the individual’s use of 14 the personal vehicle, proof of financial responsibility 15 covering the individual in the types and amounts 16 required by section 321N.4, and any other information 17 required by the company. 18 b. Conduct, or instruct a third party to conduct, 19 a local and national criminal background check on the 20 individual and a search of the national sex offender 21 registry database for the individual. 22 c. Obtain and review a driving history research 23 report on the individual. 24 d. Obtain a disclosure form signed by the 25 individual notifying the individual of all of the 26 following: 27 (1) If a lien exists against a personal vehicle 28 the individual intends to use while acting as a 29 transportation network company driver, the individual 30 is required to notify the lienholder within the 31 seven-day period prior to using the vehicle for such 32 purposes that the individual intends to use the vehicle 33 for such purposes. 34 (2) If the individual is not the owner of the 35 -9- HF2414.3424 (2) 86 ns/nh 9/ 21

personal vehicle the individual intends to use while 1 acting as a transportation network company driver, 2 the individual is required to notify the owner of the 3 vehicle within the seven-day period prior to using the 4 vehicle for such purposes that the individual intends 5 to use the vehicle for such purposes and that the 6 owner’s automobile insurance policy, depending on the 7 policy’s terms, may not provide any coverage while 8 the individual is logged on to the company’s digital 9 network and is available to receive requests for a 10 prearranged ride, or while the individual is engaged in 11 a prearranged ride. 12 (3) Failure to notify a lienholder or an owner 13 pursuant to this paragraph “d” shall result in the 14 imposition of a civil penalty as provided in subsection 15 3. 16 3. If an individual fails to notify a lienholder 17 or an owner pursuant to subsection 2, the department 18 shall assess a civil penalty against the individual in 19 the amount of two hundred fifty dollars. All moneys 20 collected by the department pursuant to this subsection 21 shall be paid monthly to the treasurer of state and 22 deposited in the road use tax fund. 23 4. A transportation network company shall not 24 knowingly allow an individual to act as a driver on 25 the company’s digital network if any of the following 26 apply: 27 a. The individual does not have a driver’s license 28 valid for the operation of the personal vehicle. 29 A driver’s license valid for the operation of the 30 personal vehicle shall not include an instruction 31 permit, special instruction permit, or temporary 32 restricted license. 33 b. The individual is restricted to operating motor 34 vehicles equipped with an ignition interlock device. 35 -10- HF2414.3424 (2) 86 ns/nh 10/ 21

c. The individual’s driving privileges have been 1 suspended, revoked, barred, canceled, denied, or 2 disqualified in the prior three-year period. 3 d. The individual has been convicted of more than 4 three moving violations in the prior three-year period. 5 e. The individual has been convicted of violating 6 section 321.218, 321.277, or 321J.21, or section 7 321A.32, subsection 1, in the prior three-year period. 8 f. The individual has been convicted in the prior 9 seven-year period of a felony, of violating section 10 321J.2 or 321J.2A, or of any crime involving resisting 11 law enforcement, dishonesty, injury to another person, 12 damage to the property of another person, or operating 13 a vehicle in a manner that endangers another person. 14 g. The individual is registered on the national sex 15 offender registry. 16 h. The individual is not at least nineteen years of 17 age. 18 i. The individual is unable to provide any 19 information required by this section. 20 5. A transportation network company shall adopt and 21 enforce a zero tolerance policy prohibiting the use of 22 drugs or alcohol by a transportation network company 23 driver while the driver is providing a prearranged ride 24 or is logged on to the company’s digital network and 25 available to receive requests for transportation from 26 potential riders. The policy shall include provisions 27 providing for the investigation of alleged violations 28 of the policy and the suspension of drivers under 29 investigation. 30 6. A transportation network company shall require 31 that a personal vehicle used to provide prearranged 32 rides shall comply with all applicable motor vehicle 33 equipment requirements. 34 Sec. 9. NEW SECTION . 321N.4 Financial 35 -11- HF2414.3424 (2) 86 ns/nh 11/ 21

responsibility. 1 1. A transportation network company driver, or a 2 transportation network company on the driver’s behalf, 3 shall maintain primary automobile insurance that does 4 all of the following: 5 a. Recognizes that the driver is a transportation 6 network company driver or that the driver otherwise 7 uses a motor vehicle to transport passengers for 8 compensation. 9 b. Covers the driver while the driver is logged on 10 to the transportation network company’s digital network 11 and while the driver is engaged in a prearranged ride. 12 c. Covers the driver in the amounts set forth in 13 subsections 2 and 3. 14 2. a. While a participating transportation network 15 company driver is logged on to a transportation network 16 company’s digital network and is available to receive 17 requests for a prearranged ride, but is not engaged 18 in a prearranged ride, primary automobile insurance 19 maintained pursuant to paragraph “c” shall cover the 20 driver in the amount of at least fifty thousand dollars 21 because of bodily injury to or death of one person in 22 any one accident, the amount of at least one hundred 23 thousand dollars because of bodily injury to or death 24 of two or more persons in any one accident, and the 25 amount of at least twenty-five thousand dollars because 26 of injury to or destruction of property of others in 27 any one accident. 28 b. The requirements of paragraph “a” shall be in 29 addition to the automobile insurance requirements set 30 forth in chapter 516A or any other provision of law. 31 c. The requirements of paragraph “a” may be 32 satisfied by any of the following: 33 (1) Insurance maintained by the transportation 34 network company driver. 35 -12- HF2414.3424 (2) 86 ns/nh 12/ 21

(2) Insurance maintained by the transportation 1 network company. 2 (3) A combination of subparagraphs (1) and (2). 3 3. a. While a transportation network company 4 driver is engaged in a prearranged ride, primary 5 automobile insurance maintained pursuant to paragraph 6 “c” shall cover the driver in the amount of at least 7 one million dollars because of bodily injury to 8 or death of one or more persons and injury to or 9 destruction of property of others in any one accident. 10 b. The requirements of paragraph “a” shall be in 11 addition to the automobile insurance requirements set 12 forth in chapter 516A or any other provision of law. 13 c. The requirements of paragraph “a” may be 14 satisfied by any of the following: 15 (1) Insurance maintained by the transportation 16 network company driver. 17 (2) Insurance maintained by the transportation 18 network company. 19 (3) A combination of subparagraphs (1) and (2). 20 4. If insurance maintained by a transportation 21 network company driver under this chapter lapses or 22 does not provide coverage in the amounts required 23 by subsections 2 and 3, insurance maintained by a 24 transportation network company shall provide coverage 25 in the amounts required by subsections 2 and 3 26 beginning with the first dollar of a claim, and the 27 company shall have a duty to defend the claim. 28 5. Coverage under an automobile insurance policy 29 maintained by a transportation network company under 30 this chapter shall not be dependent on the insurer 31 of a driver’s personal vehicle first denying a claim, 32 nor shall a personal automobile insurance policy be 33 required to first deny a claim. 34 6. Insurance maintained under this chapter shall be 35 -13- HF2414.3424 (2) 86 ns/nh 13/ 21

provided by an insurer governed by chapter 515 or 518, 1 or by a surplus lines insurer governed by chapter 515I. 2 A surplus lines insurer that issues a policy pursuant 3 to this section shall be considered an insurance 4 carrier duly authorized to transact business in this 5 state for the purposes of chapter 321A. 6 7. Insurance maintained under this chapter shall 7 be deemed to satisfy the financial responsibility 8 requirements for a motor vehicle under chapter 321A. 9 8. A transportation network company driver shall 10 carry proof of financial liability coverage, as 11 required by section 321.20B, in the amounts required 12 by subsections 2 and 3, at all times during which the 13 driver uses a motor vehicle in connection with the 14 use of a transportation network company’s digital 15 network. In the event of an accident, the driver 16 shall provide proof of financial liability coverage to 17 any directly interested party or insurer, and to any 18 investigating police officer, upon request and in a 19 format provided for under section 321.20B. Upon such a 20 request, the driver shall also disclose to any directly 21 interested party or insurer, and to any investigating 22 police officer, whether the driver was logged on 23 to a company’s digital network or was providing a 24 prearranged ride at the time of the accident. 25 Sec. 10. NEW SECTION . 321N.5 Disclosure 26 requirements. 27 A transportation network company shall disclose 28 all of the following information to a transportation 29 network company driver in writing before the driver may 30 accept a request from a rider for a prearranged ride on 31 the company’s digital network: 32 1. The types, amounts, terms, and limits of 33 automobile insurance provided by the company to the 34 driver while the driver uses a personal vehicle in 35 -14- HF2414.3424 (2) 86 ns/nh 14/ 21

connection with the use of the company’s digital 1 network. 2 2. That the driver’s own automobile insurance 3 policy, depending on the policy’s terms, may not 4 provide any coverage while the driver is logged on 5 to the company’s digital network and is available to 6 receive requests for a prearranged ride, or while the 7 driver is engaged in a prearranged ride. 8 Sec. 11. NEW SECTION . 321N.6 Insurers. 9 1. a. Notwithstanding any other provision of law 10 to the contrary, an insurer that writes automobile 11 insurance within this state may exclude any and all 12 coverage afforded to an insured person under a policy 13 issued to the owner or operator of a personal vehicle 14 for any injury or loss that occurs while the insured 15 is logged on to a transportation network company’s 16 digital network or while the insured is providing a 17 prearranged ride. This right to exclude coverage 18 may apply to any type of coverage provided for in 19 the insured’s policy, including but not limited to 20 liability coverage for bodily injury and property 21 damage, personal injury protection coverage, uninsured 22 and underinsured motorist coverage, medical payments 23 coverage, comprehensive physical damage coverage, and 24 collision physical damage coverage. 25 b. This chapter shall not be construed to require 26 an insurer to provide coverage to an individual while 27 the individual is logged on to a company’s digital 28 network, is engaged in a prearranged ride, or is 29 otherwise transporting another individual or group of 30 individuals in a vehicle for compensation. 31 c. This chapter shall not be construed to preclude 32 an insurer from providing coverage for a transportation 33 network company driver’s personal vehicle, if the 34 insurer chooses to do so by contract or endorsement. 35 -15- HF2414.3424 (2) 86 ns/nh 15/ 21

2. a. An insurer that excludes coverage pursuant 1 to subsection 1 shall not have a duty to defend or 2 indemnify a claim expressly excluded from a policy 3 issued by the insurer. This chapter shall not be 4 deemed to invalidate or limit an exclusion contained 5 in a policy, including a policy in use or approved for 6 use in this state prior to the effective date of this 7 Act, that excludes coverage for vehicles used to carry 8 individuals or property for compensation or vehicles 9 available for hire by the public. 10 b. An insurer that defends or indemnifies a claim 11 against an insured transportation network company 12 driver that is excluded under the terms of the driver’s 13 policy shall have a right of action for contribution 14 or indemnity against an insurer providing automobile 15 insurance to the driver under this chapter during the 16 period in which the loss occurred. 17 3. In a claims coverage investigation, any involved 18 transportation network company and any insurer 19 providing coverage pursuant to this chapter shall 20 cooperate to facilitate the exchange of relevant 21 information with one another, and with any insurer 22 of the transportation network company driver, where 23 applicable, including but not limited to the precise 24 times during which the driver logged on and off of the 25 company’s digital network in the twelve-hour period 26 immediately preceding and in the twelve-hour period 27 immediately following the accident, and shall disclose 28 to one another a clear description of any relevant 29 automobile insurance provided pursuant to this chapter, 30 including any applicable limits and exclusions. 31 Sec. 12. NEW SECTION . 321N.7 Identification of 32 drivers and vehicles. 33 Before a transportation network company rider 34 enters the personal vehicle of a transportation network 35 -16- HF2414.3424 (2) 86 ns/nh 16/ 21

company driver, the transportation network company 1 shall disclose all of the following information to the 2 rider on the company’s digital network: 3 1. A picture that prominently displays the face of 4 the driver. 5 2. The make, model, and registration plate number 6 of the personal vehicle used by the driver. 7 Sec. 13. NEW SECTION . 321N.8 Electronic receipt. 8 Within a reasonable period of time following 9 the completion of a prearranged ride provided 10 to a transportation network company rider, the 11 transportation network company shall transmit an 12 electronic receipt to the rider containing all of the 13 following information: 14 1. The origin and destination of the trip. 15 2. The total time and distance of the trip. 16 3. An itemized account of the total fare paid by 17 the rider, if any. 18 Sec. 14. NEW SECTION . 321N.9 Street hails 19 prohibited. 20 A transportation network company driver shall not 21 solicit or accept riders hailing the driver from the 22 street. 23 Sec. 15. NEW SECTION . 321N.10 Disclosure of 24 personal information. 25 1. A transportation network company shall not 26 disclose a transportation network company rider’s 27 personal information to a third party unless the rider 28 consents to the disclosure, the disclosure is required 29 by law, the disclosure is required to protect or defend 30 the terms of use of the company’s services, or the 31 disclosure is required to investigate a violation 32 of the terms of use. For purposes of this section, 33 “personal information” includes but is not limited to 34 the rider’s name, home address, telephone number, and 35 -17- HF2414.3424 (2) 86 ns/nh 17/ 21

payment information. 1 2. Notwithstanding subsection 1, a transportation 2 network company may disclose a rider’s name and 3 telephone number to the driver providing a prearranged 4 ride to the rider in order to facilitate the 5 identification of the rider by the driver, or to 6 facilitate communication between the rider and the 7 driver. 8 Sec. 16. NEW SECTION . 321N.11 Regulation by 9 political subdivisions prohibited —— exception. 10 1. a. Except as otherwise provided in this 11 section, transportation network companies, 12 transportation network company drivers, and personal 13 vehicles, in the course of their operation pursuant 14 to this chapter, shall be exclusively controlled, 15 supervised, and regulated by the department in 16 accordance with this chapter. 17 b. Except as otherwise provided in this section, 18 no provision of this chapter shall be construed to 19 authorize a political subdivision of the state to 20 enact an ordinance regulating transportation network 21 companies, transportation network company drivers, or 22 personal vehicles operated pursuant to this chapter. 23 2. No provision of this chapter shall be construed 24 to limit the rights and powers of a commercial service 25 airport, as defined in 49 U.S.C. §47102, to do any of 26 the following: 27 a. Regulate the operation of motor vehicles on 28 the airport’s premises in accordance with rules, 29 regulations, and policies adopted for the orderly use 30 of the airport. 31 b. Establish, alter, and collect rates, fees, 32 rental payments, or other charges for the use of the 33 airport’s services and facilities. 34 Sec. 17. Section 325A.1, subsections 6, 7, and 13, 35 -18- HF2414.3424 (2) 86 ns/nh 18/ 21

Code 2016, are amended to read as follows: 1 6. “Motor carrier” means a person defined in 2 subsection 8, 9, or 10 , but does not include a 3 transportation network company or a transportation 4 network company driver, as defined in section 321N.1 . 5 7. “Motor carrier certificate” means a certificate 6 issued by the department to any person transporting 7 passengers on any highway of this state for hire , 8 other than a transportation network company or a 9 transportation network company driver, as defined in 10 section 321N.1 . This certificate is transferable. 11 13. “Private carrier” means a person who provides 12 transportation of property or passengers by motor 13 vehicle, is not a for-hire motor carrier or a 14 transportation network company or a transportation 15 network company driver, as defined in section 321N.1 , 16 or who transports commodities of which the person is 17 the owner, lessee, or bailee and the transportation 18 is a furtherance of the person’s primary business or 19 occupation. 20 Sec. 18. Section 325A.2, subsection 2, Code 2016, 21 is amended to read as follows: 22 2. A local authority, as defined in section 321.1 , 23 shall not impose any regulations, including special 24 registration or inspection requirements, upon the 25 operation of motor carriers that are more restrictive 26 than any of the provisions of this chapter , or section 27 321.449 or 321.450 . This subsection does not, however, 28 prohibit a local authority from exercising the home 29 rule power of the local authority to impose additional 30 or more restrictive regulations or requirements upon 31 the operation of taxicabs or limousines engaged in 32 nonfixed route transportation for hire , except to the 33 extent such regulations or requirements conflict with 34 section 321.241, section 325A.6, or any other provision 35 -19- HF2414.3424 (2) 86 ns/nh 19/ 21

of the Code . 1 Sec. 19. Section 325A.6, Code 2016, is amended to 2 read as follows: 3 325A.6 Insurance. 4 1. All Except as provided in subsection 2, all 5 motor carriers subject to this chapter shall have 6 minimum insurance coverage which meets the limits 7 established in the federal motor carrier safety 8 regulations in 49 C.F.R. pt. 387. 9 2. All motor vehicles providing taxicab services, 10 having a seating capacity of less than seven 11 passengers, and not operating on a regular route 12 or between specified points shall maintain primary 13 automobile insurance in the amount of at least one 14 million dollars because of bodily injury to or death 15 of one or more persons and injury to or destruction of 16 property of others in any one accident. A political 17 subdivision of the state shall not enact an ordinance 18 requiring insurance coverage for such vehicles in 19 an amount different than the amount required by this 20 subsection. 21 Sec. 20. Section 325A.11, Code 2016, is amended to 22 read as follows: 23 325A.11 Passenger transportation. 24 In addition to the requirements of subchapter 1 , 25 motor carriers of passengers and charter carriers shall 26 comply with the requirements of this subchapter . A 27 transportation network company or a transportation 28 network company driver, as defined in section 321N.1, 29 need not comply with the requirements of subchapter 1 30 or this subchapter. 31 Sec. 21. Section 325A.12, subsection 3, Code 2016, 32 is amended by adding the following new paragraph: 33 NEW PARAGRAPH . e. A transportation network company 34 or a transportation network company driver, as defined 35 -20- HF2414.3424 (2) 86 ns/nh 20/ 21

in section 321N.1. 1 Sec. 22. Section 327D.1, Code 2016, is amended to 2 read as follows: 3 327D.1 Applicability of chapter. 4 This chapter applies to intrastate transportation 5 by for-hire common carriers of persons and property. 6 However, this chapter does not apply to regular route 7 motor carriers of passengers or charter carriers, as 8 defined under section 325A.12 , or a transportation 9 network company or a transportation network company 10 driver, as defined in section 321N.1 . 11 Sec. 23. LOCAL ORDINANCES VOID —— VALIDITY OF 12 PROCEEDINGS. On January 1, 2017, all local ordinances, 13 regulations, and rules not consistent with this Act are 14 void. However, this Act shall not affect the validity 15 of any proceeding brought or punishment imposed prior 16 to January 1, 2017, for a violation of such a local 17 ordinance, regulation, or rule. 18 Sec. 24. EFFECTIVE DATE. This Act takes effect 19 January 1, 2017. 20 Sec. 25. APPLICABILITY OF INSURANCE PROVISIONS. 21 The section of this Act enacting section 321N.4 shall 22 apply on and after the date of approval of the form 23 filings necessary to implement section 321N.4 by the 24 commissioner of insurance as required under 191 IAC 25 20.4. > 26 2. Title page, line 2, after < companies > by 27 inserting < and taxicabs, providing penalties > 28 3. Title page, line 2, after < including > by 29 inserting < effective date and > 30 ______________________________ TOD R. BOWMAN -21- HF2414.3424 (2) 86 ns/nh 21/ 21 #2. #3.