Sami’s Law

I 116TH CONGRESS 1ST SESSION H. R. 3262 To amend title 23, United States Code, to compel States to require illumi- nated signs and other measures on ride-hailing vehicles, to prohibit the sale of such signs, to require ride-hailing companies to implement an electronic access system on ride-hailing vehicles, and to be known as ‘‘Sami’s Law’’. IN THE HOUSE OF REPRESENTATIVES JUNE 13, 2019 Mr. SMITH of New Jersey (for himself and Mr. SUOZZI) introduced the fol- lowing bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Com- merce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To amend title 23, United States Code, to compel States to require illuminated signs and other measures on ride- hailing vehicles, to prohibit the sale of such signs, to require ride-hailing companies to implement an electronic access system on ride-hailing vehicles, and to be known as ‘‘Sami’s Law’’. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as ‘‘Sami’s Law’’. 4 VerDate Sep 11 2014 05:03 Jun 18, 2019 Jkt 034408 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3262.IH H3262 pbinns on DSK79D2C42PROD with BILLS 2 •HR 3262 IH SEC. 2. SANCTIONS FOR STATES WITHOUT RIDE-HAILING 1 VEHICLE IDENTIFICATION LAWS. 2 (a) IN GENERAL.—Chapter 1 of title 23, United 3 States Code, is amended by adding at the end the fol- 4 lowing: 5 ‘‘§ 171. Sanctions for States without transportation 6 network company vehicle identification 7 laws 8 ‘‘(a) WITHHOLDING OF FUNDS FOR NONCOMPLI- 9 ANCE.— 10 ‘‘(1) FIRST FISCAL YEAR.—On the first day of 11 the fiscal year that is two years after the date of en- 12 actment of this section, the Secretary shall withhold 13 1 percent of the amount required to be apportioned 14 to a State under each of paragraphs (1) and (2) of 15 section 104(b) if the State does not meet the re- 16 quirements of subsection (b) on the first day of the 17 fiscal year. 18 ‘‘(2) SUBSEQUENT FISCAL YEARS.—On the first 19 day of each fiscal year beginning 3 years after the 20 date of enactment of this section, the Secretary shall 21 withhold 2.5 percent of the amount required to be 22 apportioned to a State under each of paragraphs (1) 23 and (2) of section 104(b) if the State does not meet 24 the requirements of subsection (b) on the first day 25 of the fiscal year. 26 VerDate Sep 11 2014 05:03 Jun 18, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3262.IH H3262 pbinns on DSK79D2C42PROD with BILLS 3 •HR 3262 IH ‘‘(3) EFFECT OF WITHHOLDING OF FUNDS.— 1 No funds withheld under this subsection from appor- 2 tionment to any State shall be available at any point 3 for apportionment to that State. 4 ‘‘(b) REQUIREMENTS.—A State meets the require- 5 ments of this subsection if the Governor of the State cer- 6 tifies to the Secretary that the State has enacted and is 7 enforcing the following laws with respect to TNC drivers 8 and TNC vehicles operating in that State: 9 ‘‘(1) FRONT AND REAR LICENSE PLATES.—A 10 law requiring that every TNC vehicle has a duly 11 issued general State license plate on both the front 12 and rear of the vehicle. 13 ‘‘(2) INSPECTION AND SIGN REQUIREMENTS.— 14 A law requiring TNC drivers to present TNC vehi- 15 cles for inspection not later than 180 days after the 16 date of enactment of such laws (unless the State has 17 enacted and is enforcing a law meeting the require- 18 ments of this subsection on the date of enactment of 19 this section) and annually thereafter. Such law shall 20 include the following: 21 ‘‘(A) A provision requiring each TNC driv- 22 er to affix the stickers containing the optical 23 code or label provided to that driver (pursuant 24 to section 3(1)(A) of Sami’s Law) on each win- 25 VerDate Sep 11 2014 05:03 Jun 18, 2019 Jkt 034408 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3262.IH H3262 pbinns on DSK79D2C42PROD with BILLS 4 •HR 3262 IH dow of the TNC driver’s vehicle adjacent to 1 where passengers may sit. 2 ‘‘(B) A provision that requires periodic 3 safety inspections of the TNC vehicle performed 4 at intervals of at least once each year. 5 ‘‘(C) A provision that requires each TNC 6 vehicle to display a consistent and distinctive 7 sign at all times when the TNC driver is active 8 on the TNC digital platform or providing any 9 prearranged transportation service. Such sign— 10 ‘‘(i) shall include the transportation 11 network company’s proprietary trademark 12 or logo; 13 ‘‘(ii) shall be readable during daylight 14 hours at a distance of 50 feet; 15 ‘‘(iii) shall be illuminated so that it is 16 patently visible in darkness; and 17 ‘‘(iv) may be magnetic or removable in 18 nature. 19 ‘‘(D) A provision that does not permit a 20 TNC driver to provide TNC services if the TNC 21 vehicle does not pass such inspection. 22 ‘‘(3) UNLAWFUL DISPLAY.—A law that pro- 23 hibits an individual who is not a TNC driver for a 24 transportation network company from displaying on 25 VerDate Sep 11 2014 05:03 Jun 18, 2019 Jkt 034408 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3262.IH H3262 pbinns on DSK79D2C42PROD with BILLS 5 •HR 3262 IH any vehicle the sign described in paragraph (2)(C) 1 that is affiliated with that company on any vehicle 2 with the intent to pass himself or herself off as a 3 TNC driver operating a TNC vehicle for the trans- 4 portation network company affiliated with that sign. 5 ‘‘(c) DEFINITIONS.—As used in this section— 6 ‘‘(1) the term ‘TNC driver’ means an individual 7 who is employed or contracted by a transportation 8 network company to provide transportation services 9 to the public through a TNC platform; 10 ‘‘(2) the term ‘TNC platform’ means an online- 11 enabled application or digital network used to con- 12 nect riders to TNC drivers for the purpose of pro- 13 viding prearranged transportation services; 14 ‘‘(3) the term ‘TNC vehicle’ means a vehicle 15 owned, leased, or otherwise authorized for use by a 16 TNC driver that the TNC driver uses to provide 17 TNC services, also known as a ride-hailing vehicle; 18 and 19 ‘‘(4) the term ‘transportation network com- 20 pany’— 21 ‘‘(A) means a corporation, partnership, 22 sole proprietorship, or other entity, that uses a 23 digital network to connect riders to drivers af- 24 filiated with the entity in order for the driver 25 VerDate Sep 11 2014 05:03 Jun 18, 2019 Jkt 034408 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3262.IH H3262 pbinns on DSK79D2C42PROD with BILLS 6 •HR 3262 IH to transport the rider using a vehicle owned, 1 leased, or otherwise authorized for use by the 2 driver to a point chosen by the rider; and 3 ‘‘(B) does not include a shared-expense 4 carpool or vanpool arrangement that is not in- 5 tended to generate profit for the driver.’’. 6 SEC. 3. ACCESS AND OTHER REQUIREMENTS FOR RIDE- 7 HAILING VEHICLES AND RIDE-HAILING COM- 8 PANIES. 9 Not later than 180 days after the date of enactment 10 of this Act, each transportation network company shall es- 11 tablish and implement the following system, prohibition, 12 requirement, and policy: 13 (1) A system that enables each individual who 14 uses a TNC platform to verify the identity of the 15 TNC driver who is provided to such individual via 16 that TNC platform, and such TNC driver to confirm 17 the identity of such individual prior to the beginning 18 of a trip. Such system shall include the following: 19 (A) A machine-readable code or image, 20 such as a QR code (or successor technology), 21 that can be scanned by the individual hailing 22 such driver, using a personal mobile device with 23 a built-in camera. The transportation network 24 company shall provide to each TNC driver for- 25 VerDate Sep 11 2014 05:03 Jun 18, 2019 Jkt 034408 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3262.IH H3262 pbinns on DSK79D2C42PROD with BILLS 7 •HR 3262 IH ward-facing window stickers containing such 1 code or label. 2 (B) The ability, via the transportation net- 3 work company’s TNC platform, to— 4 (i) provide to each individual who is 5 assigned a TNC driver via such platform 6 the unique machine-readable code or label 7 of that TNC driver; 8 (ii) provide a means by which such in- 9 dividual may scan the machine-readable 10 code or label displayed on the window 11 sticker of the TNC vehicle, using the TNC 12 platform on the individual’s personal mo- 13 bile device, to confirm the identity of the 14 TNC driver who is assigned to the indi- 15 vidual prior to entering the vehicle; and 16 (iii) restrict each TNC driver from 17 commencing a trip until the individual who 18 has opted to use and scan the machine- 19 readable code or label verifies the identity 20 of the TNC driver by scanning the code or 21 label. 22 (2) A prohibition on a TNC driver from pro- 23 viding TNC services if the TNC vehicle of that driv- 24 VerDate Sep 11 2014 05:03 Jun 18, 2019 Jkt 034408 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3262.IH H3262 pbinns on DSK79D2C42PROD with BILLS 8 •HR 3262 IH er does not pass inspections required by the State in 1 which the TNC driver’s vehicle is licenced. 2 (3) A requirement that all TNC vehicles display 3 a consistent and distinctive sign provided by the 4 transportation network company at all times when 5 the TNC driver is active on the TNC digital plat- 6 form or providing any TNC service. Such sign— 7 (A) shall include the transportation net- 8 work company’s proprietary trademark or logo; 9 (B) shall be readable during daylight hours 10 at a distance of 50 feet; 11 (C) shall be illuminated so that it is pat- 12 ently visible in darkness; and 13 (D) may be magnetic or removable in na- 14 ture. 15 (4) A policy to require that any sign described 16 in paragraph (3) be returned to the transportation 17 network company when a TNC driver ceases to be 18 employed or contracted by such company. 19 SEC. 4. PROHIBITION ON SALE OF RIDE-HAILING SIGN. 20 It shall be unlawful for any person other than a 21 transportation network company to sell or offer for sale 22 any sign described in section 3(3). 23 VerDate Sep 11 2014 05:03 Jun 18, 2019 Jkt 034408 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3262.IH H3262 pbinns on DSK79D2C42PROD with BILLS 9 •HR 3262 IH SEC. 5. UNFAIR OR DECEPTIVE ACT OR PRACTICE. 1 A violation of a section 3 or 4 shall be treated as 2 a violation of a rule defining an unfair or deceptive act 3 or practice prescribed under section 18(a)(1)(B) of the 4 Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 5 The Federal Trade Commission shall enforce this Act in 6 the same manner, by the same means, and with the same 7 jurisdiction, powers, and duties as though all applicable 8 terms and provisions of the Federal Trade Commission 9 Act (15 U.S.C. 41 et seq.) were incorporated into and 10 made a part of this Act. Any person who violates section 11 3 or section 4 shall be subject to the penalties and entitled 12 to the privileges and immunities provided in the Federal 13 Trade Commission Act (15 U.S.C. 41 et seq.). 14 SEC. 6. DEFINITIONS. 15 For purposes of this Act— 16 (1) the term ‘‘machine-readable code or image’’ 17 means a machine-readable optical label that is 18 unique to each TNC driver and the vehicle of such 19 TNC driver and can be scanned using a personal 20 mobile device with a built-in camera; 21 (2) the term ‘‘personal mobile device’’ means 22 any mobile device that an individual uses to connect 23 to a TNC platform; 24 (3) the term ‘‘QR code’’ means a machine-read- 25 able code or image also known as a quick response 26 VerDate Sep 11 2014 05:03 Jun 18, 2019 Jkt 034408 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3262.IH H3262 pbinns on DSK79D2C42PROD with BILLS 10 •HR 3262 IH code and consists of a matrix or two-dimensional 1 barcode; 2 (4) the term ‘‘TNC driver’’ means an individual 3 who is employed or contracted by a transportation 4 network company to provide transportation services 5 to the public through a TNC platform; 6 (5) the term ‘‘TNC platform’’ means an online- 7 enabled application or digital network used to con- 8 nect riders to TNC drivers for the purpose of pro- 9 viding prearranged transportation services; 10 (6) the term ‘‘TNC vehicle’’ means a vehicle 11 owned, leased, or otherwise authorized for use by a 12 TNC driver that the TNC driver uses to provide pre- 13 arranged transportation services, also known as a 14 ride-hailing vehicle; and 15 (7) the term ‘‘transportation network com- 16 pany’’— 17 (A) means a corporation, partnership, sole 18 proprietorship, or other entity, that uses a dig- 19 ital network to connect riders to drivers affili- 20 ated with the entity in order for the driver to 21 transport the rider using a vehicle owned, 22 leased, or otherwise authorized for use by the 23 driver to a point chosen by the rider; and 24 VerDate Sep 11 2014 05:03 Jun 18, 2019 Jkt 034408 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3262.IH H3262 pbinns on DSK79D2C42PROD with BILLS 11 •HR 3262 IH (B) does not include a shared-expense car- 1 pool or vanpool arrangement that is not in- 2 tended to generate profit for the driver. 3 SEC. 7. GAO STUDY ON THE INCIDENCE OF ASSAULT AND 4 ABUSE OF RIDE-HAILING RIDERS AND DRIV- 5 ERS. 6 The Comptroller General of the United States shall 7 conduct a study on the incidence of assault and abuse per- 8 petrated on drivers by riders using ride-hailing vehicles, 9 and on such riders by drivers of ride-hailing vehicles, and 10 shall submit a report to Congress not later than one year 11 after the date of enactment of this Act. The report shall 12 also examine— 13 (1) the nature and specifics of any background 14 checks conducted by ride-hailing companies on po- 15 tential drivers, including any State laws which may 16 require such background checks; 17 (2) incidences where individuals who are not 18 ride-hailing drivers try to pose as ride-hailing driv- 19 ers; 20 (3) incidences of ride-hailing passengers enter- 21 ing the wrong vehicle, whether or not the vehicle was 22 a ride-hailing vehicle; and 23 (4) efforts by ride-hailing companies to imple- 24 ment additional safety measures and practices and 25 VerDate Sep 11 2014 05:03 Jun 18, 2019 Jkt 034408 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3262.IH H3262 pbinns on DSK79D2C42PROD with BILLS 12 •HR 3262 IH of State and local governments requiring such meas- 1 ures, and the efficacy of those efforts, practices, and 2 requirements. 3 Æ VerDate Sep 11 2014 05:03 Jun 18, 2019 Jkt 034408 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H3262.IH H3262 pbinns [Text truncated for display. Full text available on Congress.gov.]