Missouri Senate

Perfected

TNCs shall not operate in this state without first paying a $5,000 annual fee and obtaining a permit from the Department of Revenue, but no per-car or per-driver fee shall be assessed. TNCs shall maintain agents for service of process within the state of Missouri, and TNCs and TNC drivers shall comply with existing insurance requirements.

TNCs may charge fares on behalf of TNC drivers, but must disclose the fare or fare structure on its website or digital network. If the fare is based on actual time and distance traveled, the TNC on its website shall also provide riders with the applicable time and distance rates being charged and the option to receive an estimated fare before the rider enters the vehicle.

The TNC's digital network shall display a picture of the TNC driver and the license plate number of the vehicle before the rider enters the vehicle. The TNC must provide a detailed electronic receipt to the rider within a reasonable time following a trip.

This act provides that TNC drivers shall be independent contractors and not employees if certain conditions are met, but the TNC and TNC driver may agree to employee status in writing. TNC drivers are not the agents of TNCs unless agreed to in writing.

TNCs must adopt a zero tolerance policy toward drivers using intoxicating substances. This act also requires an investigation following a complaint, and maintenance of related records.

This act prescribes driver eligibility requirements, including background checks, registration with the TNC, and a class E driver's license. TNC drivers meeting these requirements shall not be required to obtain any other state or local license to operate as a TNC driver. Vehicles used to provide TNC services must meet Missouri's motor vehicle safety inspection requirements.

TNC drivers shall not solicit or accept street hails. TNCs shall adopt a privacy policy to protect the personal information of TNC riders. TNCs shall adopt non-discrimination policies, notify TNC drivers of those policies, comply with laws relating to service animal accommodations, and shall not impose additional charges on the basis of disability.

TNCs shall maintain individual trip records of riders for one year following each trip, and individual records of TNC drivers for one year following the end of the TNC's relationship with the driver.

This act provides that it is the sole body of law governing TNCs and TNC drivers, and provides that the Department of Revenue may promulgate rules to administer the provisions. Earnings taxes and state income tax are not pre-empted by this act.

This act provides that TNCs shall not be considered employers of TNC drivers unless agreed to by written contract. TNCs must keep the appropriate agencies informed of such contracts and any changes to them.

This act provides that the statutes relating to regional taxicab districts shall not apply to TNCs, TNC drivers, or TNC services.

This act provides that for the sole purpose of verifying a TNC is in compliance with the requirements of this act, Kansas City shall up to twice per calendar year have the right to inspect up to ten records the TNC is required to maintain.

This act also provides certain procedures for the inspection, and provides that Kansas City may charge each licensed TNC up to $5000 to cover the cost of the inspection, not to exceed the costs of compliance.

Kansas City may inspect relevant records held by a TNC in order to investigate or resolve criminal allegations against any TNC or TNC driver. Inspected records are confidential, may not be disclosed without written authorization, and are exempt from disclosure under the Missouri Sunshine Law.

Kansas City may fine TNCs up to $500 per violation discovered during the inspection, and such fine shall be payable to the Missouri Department of Revenue.

Upon receipt of information that a TNC driver has been convicted of certain crimes, a TNC shall immediately revoke such driver's ability to accept trip requests, and shall notify the Department of Revenue as soon as practicable. A TNC shall also notify the Department if the driver is involved in a traffic accident or incident resulting in bodily injury or fatality. The Department shall develop a means of sharing this information with other TNCs licensed in this state, and such information shall be exempt from disclosure under the Missouri Sunshine Law.

This act is similar to SB 185 (2017), SB 991 (2016), HB 2233 (2016), and HB 2330 (2016).

ERIC VANDER WEERD