Assembly Bill A9328

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9328
 
                           I N  A S S E M B L Y
 
                             February 29, 2024
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to requiring that transporta-
   tion network companies provide TNC drivers with certain  notices  upon
   deactivation or suspension
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The labor law is amended by adding a new section 219-e,  to
 read as follows:
   § 219-E. DEACTIVATION AND SUSPENSION OF TRANSPORTATION NETWORK COMPANY
 DRIVERS.  1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "TRANSPORTATION NETWORK COMPANY" OR  "TNC"  SHALL  HAVE  THE  SAME
 MEANING  AS DEFINED BY SECTION SIXTEEN HUNDRED NINETY-ONE OF THE VEHICLE
 AND TRAFFIC LAW.
   (B) "TRANSPORTATION NETWORK COMPANY DRIVER" OR "TNC DRIVER" SHALL HAVE
 THE SAME MEANING AS DEFINED BY SECTION SIXTEEN HUNDRED NINETY-ONE OF THE
 VEHICLE AND TRAFFIC LAW.
   (C) "TNC PREARRANGED TRIP" OR "TRIP" SHALL HAVE THE  SAME  MEANING  AS
 DEFINED BY SECTION SIXTEEN HUNDRED NINETY-ONE OF THE VEHICLE AND TRAFFIC
 LAW.
   (D)  "DIGITAL  NETWORK"  SHALL  HAVE  THE  SAME  MEANING AS DEFINED BY
 SECTION SIXTEEN HUNDRED NINETY-ONE OF THE VEHICLE AND TRAFFIC LAW.
   (E) "DEACTIVATE" OR "DEACTIVATION" MEANS THE BLOCKING OF A  TNC  DRIV-
 ER'S  ACCESS  TO  A TNC'S DIGITAL NETWORK, PROHIBITING A TNC DRIVER FROM
 ACCEPTING  ANY  FUTURE  TNC  TRIPS  FOR  SUCH  TNC,  OR  OTHER  MATERIAL
 RESTRICTION  OF A TNC DRIVER'S ACCESS TO SUCH TNC'S DIGITAL NETWORK. THE
 TERM "DEACTIVATION" SHALL NOT INCLUDE  A  TEMPORARY  SUSPENSION  LASTING
 LESS THAN FORTY-EIGHT HOURS.
   2.  A  TNC  SHALL PROVIDE EACH TNC DRIVER SUBJECT TO A DEACTIVATION OR
 SUSPENSION WITH A NOTICE OF SUCH DEACTIVATION  OR  SUSPENSION  NO  LATER
 THAN  THIRTY DAYS FOLLOWING SUCH DEACTIVATION OR SUSPENSION. SUCH NOTICE
 SHALL INCLUDE:
   (A) THE CAUSE OF SUCH DEACTIVATION OR SUSPENSION; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14647-02-4
 A. 9328                             2
 
   (B) A DESCRIPTION OF THE STEPS BY WHICH SUCH  TNC  DRIVER  MAY  REMEDY
 SUCH DEACTIVATION OR SUSPENSION.
   3.  (A)  ANY  TNC  THAT FAILS TO PROVIDE NOTICE IN COMPLIANCE WITH THE
 PROVISIONS OF THIS SECTION SHALL BE IN VIOLATION OF THIS  SECTION.  EACH
 FAILURE  TO  PROVIDE  NOTICE  SHALL  CONSTITUTE  A SEPARATE AND DISTINCT
 VIOLATION.
   (B) THE DEPARTMENT SHALL  ASSESS  A  PENALTY  OF  TWENTY-FIVE  HUNDRED
 DOLLARS FOR EACH VIOLATION OF THIS SECTION.
   4.  THE  DEPARTMENT IS AUTHORIZED TO PROMULGATE ANY RULES AND/OR REGU-
 LATIONS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.