PRINTER'S NO. 2468
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1810
Session of
2019
INTRODUCED BY DONATUCCI, HILL-EVANS, RABB, CRUZ, CONKLIN,
KINSEY, SCHLOSSBERG, HARKINS, CALTAGIRONE, YOUNGBLOOD,
NEILSON, McCLINTON, FRANKEL AND DAWKINS, SEPTEMBER 16, 2019
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, SEPTEMBER 16, 2019
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in transportation network service,
providing for minimum pay rate; and providing for powers and
duties of the Department of Labor and Industry.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 66 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 2607.1. Minimum pay rate.
(a) General rule.--Upon establishment by regulation of a
minimum pay rate under subsection (d), a transportation network
company shall pay each transportation company network driver a
minimum pay rate for each prearranged ride arranged through the
company's transportation network system if the fare or payment
for the prearranged ride, as arranged through the transportation
network system, is less than the minimum pay rate.
(b) Cost of living adjustment.--
(1) Beginning one year after implementation of the
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minimum pay rate established by regulation under subsection
(d) and each year thereafter, the minimum pay rate for
transportation company network drivers shall be increased by
an annual cost-of-living adjustment calculated by the
secretary using the percentage change in the Consumer Price
Index for All Urban Consumers (CPI-U) for the Pennsylvania,
New Jersey, Delaware and Maryland area. In calculating the
adjustment, the secretary shall use the most recent 12-month
period for which figures have been officially reported by the
United States Department of Labor, Bureau of Labor
Statistics.
(2) At least 60 days prior to the date of the adjustment
under paragraph (1) is due to take effect, the percentage
increase and the minimum pay rate amount, rounded to the
nearest multiple of five cents, shall be determined by the
secretary.
(3) The secretary shall, within 10 days following the
determination under paragraph (2), transmit notice of the
determination to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin.
(c) Report.--
(1) The commission and the department shall jointly
prepare a report related to establishing a minimum pay rate
for transportation company network drivers, which shall
include, but not be limited to:
(i) An analysis of the following:
(A) Distance and duration of rides.
(B) Estimated expenses of vehicle operations.
(C) A driver's applicable utilization standard,
which shall be the percentage of a driver's on-duty
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time spent with a passenger in the driver's vehicle.
(D) A driver's tariff schedule.
(E) The adequacy of a driver's estimated income
compared to the driver's estimated expenses.
(ii) Formulaic parameters for establishing a minimum
pay rate for transportation company network drivers.
(2) The report under paragraph (1) shall be submitted to
the Governor and the General Assembly on or before December
1, 2020, and every five years thereafter.
(d) Regulations.--The department shall promulgate
regulations establishing a minimum pay rate for drivers based on
the findings of the report under subsection (c).
(e) Limitation.--Regulations promulgated under subsection
(d) shall not alter the manner in which a transportation network
company delivers a payment to a transportation network company
driver.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Department." The Department of Labor and Industry of the
Commonwealth.
"Minimum pay rate." The minimum rate for a prearranged ride
as established by regulations under subsection (d).
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
Section 2. This act shall take effect in 60 days.
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