An Act establishing portable benefits and protections for app-based workers.
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SB 967 — An Act establishing portable benefits and protections for app-based workers.
Last action — First consideration
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2023-2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
718 added · 363 removedPlain-language change summary
The updated version of SB 967 changes the title of the bill to "Establishing Portable Benefits and Protections for App-Based Workers" instead of the earlier title, "App-Based Workers Benefits and Protections Act". Additionally, the revised text emphasizes the role of app-based workers in providing essential services and indicates their classification as independent contractors who may not receive certain benefits. This matters because it highlights the need for a tailored benefits system that addresses the unique circumstances of app-based workers, ensuring they have access to important protections like income and health benefits.
PRIOR PRINTER'S NO.
1244 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
9671890 2023THE INTRODUCEDGENERAL BYASSEMBLY AUMENT,OF BARTOLOTTAPENNSYLVANIA ANDSENATE VOGEL,BILL NOVEMBERSession 21,of 2023No. REFERRED TO BANKING AND INSURANCE, NOVEMBER 21, 2023 AN ACT Establishing portable benefits and protections for app-based workers.
967 2023 INTRODUCED BY AUMENT, BARTOLOTTA AND VOGEL, NOVEMBER 21, 2023 SENATOR DiSANTO, BANKING AND INSURANCE, AS AMENDED, SEPTEMBER 17, 2024 AN ACT Estworkers.g portable benefits and protections for app-based <-- TABLE OF CONTENTS Chapter 1.
ESTABLISHING PORTABLE BENEFITS AND PROTECTIONS FOR APP-BASED <-- WORKERS.
TABLE OF CONTENTS CHAPTER 1.
PRELIMINARY PROVISIONS SECTION 101.
SHORT TITLE.
SECTION 102.
FINDINGS AND DECLARATIONS.
SECTION 103.
DEFINITIONS.
CHAPTER 3.
PORTABLE BENEFITS FOR APP-BASED WORKERS SECTION 301.
CONTRIBUTIONS.
SECTION 302.
PORTABLE BENEFIT ACCOUNT DISTRIBUTIONS.
CHAPTER 5.
MISCELLANEOUS PROVISIONS SECTION 501.
APP-BASED WORKER STATUS.
SECTION 502.
SEVERABILITY.
SECTION 503.
STATEWIDE UNIFORMITY.
SECTION 504.
EFFECTIVE DATE.
CHAPTER 1 <-- PRELIMINARY PROVISIONS Section 101.
20230SB0967PN1890 - 2 - (i) A portable benefits framework for app-based workers should be established to enable the provision of income replacement, health and wellness benefits and other benefits to eligible workers.
20230SB0967PN1244 - 2 - "App-based worker." An individual:
"Delivery network company courier." An individual who 20230SB0967PN1890 - 3 - provides delivery services through a delivery network company's online-enabled application or platform.
20230SB0967PN1244 - 3 - (3) The term does not include assistance with residential moving services.
"Eligibility date." The first day of a quarter, occurring 365 days after the effective date of this definition, during 20230SB0967PN1890 - 4 - which an app-based worker qualifies as an eligible worker.
20230SB0967PN1244 - 4 - "Network company." A delivery network company or transportation network company.
(2) The birth or adoption of a child of the app-based 20230SB0967PN1890 - 5 - worker.
20230SB0967PN1244 - 5 - "Portable benefit account provider." An institution or interstate bank, as defined in section 102 of the the Banking Code of 1965, or another financial services entity which demonstrates to the satisfaction of the Secretary of Banking and Securities that the manner in which it will administer the portable benefit account will be consistent with the portable benefit account requirements under this chapter.
"Transportation network company." An entity that meets the 20230SB0967PN1890 - 6 - definition of a transportation network company under 66 Pa.C.S.
The allocation date may not 20230SB0967PN1244 - 6 - be more than 30 days after the last day of the quarter.
(3) Deposit deductions elected under paragraph (1) into the eligible worker's portable benefit account on a quarterly 20230SB0967PN1890 - 7 - basis, no later than seven days following the allocation date for the quarter.
20230SB0967PN1244 - 7 - (1) Each network company shall ensure that the default portable benefit account offered by the network company makes available at least three individual retirement account providers from which an eligible worker may select.
(f) Transfer limit.--Notwithstanding any other provision of this chapter, transfers made from a portable benefit account to an individual retirement account offered under the portable benefit account may not exceed the annual contribution limit established by the Internal Revenue Service for contributions to an individual retirement account for the tax year in which the 20230SB0967PN1890 - 8 - transfer is made.
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(c) Death of eligible worker.--For the death of an eligible worker, the entire balance remaining in the portable benefit account of the eligible worker shall be distributed in the form of a direct trustee-to-trustee transfer to the individual retirement account of the eligible worker under the portable 20230SB0967PN1244 - 8 - benefit account.
(b) Holder of insurance.--No later than 30 days after the 20230SB0967PN1890 - 9 - commencement of a new policy year, each network company shall file with the Insurance Commissioner a copy of the policy that the network company has purchased for delivery network company couriers and transportation network company drivers, respectively.
(c) Insurance necessary to operate business.--On or after the date that is 240 days after the effective date of this 20230SB0967PN1244 - 9 - subsection, a network company may not operate in this Commonwealth unless the network company carries, provides or otherwise makes available occupational accident insurance.
20230SB0967PN1890 - 10 - (3) For the benefit of spouses, children or other dependents of the app-based worker, accidental death insurance in an amount equal to 66% of the app-based worker's average weekly earnings from all network companies as of the date of injury, with minimum and maximum weekly payment amounts to be determined in accordance with sections 105.1 and 105.2 of the Workers' Compensation Act, multiplied by 104 weeks for injuries suffered by the app-based worker while the app-based worker is engaged on the network company's online- enabled application or platform that result in death.
(e) Terms of engagement.--For purposes of this section, an app-based worker is engaged on a network company's platform from the time period beginning when the app-based worker accepts a rideshare request or delivery request to when the app-based 20230SB0967PN1244 - 10 - worker completes that rideshare request or delivery request as recorded in the network company's online-enabled application or platform.
20230SB0967PN1890 - 11 - (h) Conflict.--If there is a conflict between the provisions of this act and the Workers' Compensation Act, the provisions of this act shall control.
(a) Discrimination prohibited.--It shall be unlawful for a network company, unless based upon a bona fide occupation qualification or public or worker safety need, to refuse to contract with, terminate the contract of or deactivate from the network company's online-enabled application or platform any app-based worker based upon age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic 20230SB0967PN1244 - 11 - characteristics, familial status, marital status or status as a victim of domestic violence.
20230SB0967PN1890 - 12 - (2) The network company does not terminate the contract of the app-based worker for not accepting a specific request for services.
If any provision of 20230SB0967PN1244 - 12 - this act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application.
20230SB0967PN1890 - 13 - This act shall take effect in 30 days.
20230SB0967PN1244CHAPTER -1 13<-- -PRELIMINARY PROVISIONS SECTION 101.
SHORT TITLE.
THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE APP-BASED WORKERS BENEFITS AND PROTECTIONS ACT.
SECTION 102.
FINDINGS AND DECLARATIONS.
THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(1) APP-BASED WORKERS WHO ARE DRIVERS OR COURIERS ARE PROVIDING ESSENTIAL SERVICES TO THEIR COMMUNITIES.
(2) APP-BASED WORKERS WHO ARE DRIVERS OR COURIERS RETAIN FULL CONTROL OVER WHERE, WHEN AND HOW THEY PERFORM APP-BASED SERVICES OR WORK AND ARE THEREFORE CLASSIFIED AS INDEPENDENT CONTRACTORS.
(3) INDEPENDENT CONTRACTORS MAY NOT BE ENTITLED TO SOME OF THE PROTECTIONS AND BENEFITS AVAILABLE TO EMPLOYEES.
TO PROTECT ALL OF OUR PENNSYLVANIA WORKERS, A PORTABLE BENEFITS FRAMEWORK FOR APP-BASED WORKERS SHOULD BE ESTABLISHED TO ENABLE THE PROVISION OF INCOME REPLACEMENT, HEALTH AND WELLNESS BENEFITS AND OTHER BENEFITS TO ELIGIBLE WORKERS.
SECTION 103.
DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"APP-BASED WORKER." AN INDIVIDUAL:
(1) WHO IS A DELIVERY NETWORK COMPANY COURIER OR TRANSPORTATION NETWORK COMPANY DRIVER PROVIDING SERVICES WITHIN THIS COMMONWEALTH THROUGH A NETWORK COMPANY'S ONLINE- ENABLED APPLICATION OR PLATFORM;
AND (2) WHO IS AN INDEPENDENT CONTRACTOR WITH RESPECT TO THE 20230SB0967PN1890 - 14 - APP-BASED WORKER'S RELATIONSHIP WITH THE NETWORK COMPANY UNDER SECTION 501(B).
"CUSTOMER." AN INDIVIDUAL OR BUSINESS ENTITY.
"DELIVERY NETWORK COMPANY." A BUSINESS ENTITY THAT MAINTAINS AN ONLINE-ENABLED APPLICATION OR PLATFORM USED TO FACILITATE DELIVERY SERVICES WITHIN THIS COMMONWEALTH.
"DELIVERY NETWORK COMPANY COURIER." AN INDIVIDUAL WHO PROVIDES DELIVERY SERVICES THROUGH A DELIVERY NETWORK COMPANY'S ONLINE-ENABLED APPLICATION OR PLATFORM.
"DELIVERY SERVICES." AS FOLLOWS:
(1) THE FULFILLMENT OF A DELIVERY REQUEST CONSTITUTING THE PICKUP FROM A LOCATION OF AN ITEM AND THE DELIVERY OF THE ITEM TO ANOTHER LOCATION THAT IS SELECTED BY THE CUSTOMER AND LOCATED WITHIN 50 MILES OF THE PICKUP LOCATION, BY WALKING OR USING A PASSENGER VEHICLE, BICYCLE, SCOOTER, PUBLIC TRANSPORTATION OR OTHER SIMILAR MEANS OF TRANSPORTATION.
(2) THE TERM SHALL INCLUDE THE SELECTION, COLLECTION OR PURCHASE OF AN ITEM BY A DELIVERY NETWORK COMPANY COURIER IF THE SELECTION, COLLECTION OR PURCHASE IS DONE IN CONNECTION WITH A DELIVERY FACILITATED BY THE NETWORK COMPANY'S PLATFORM.
(3) THE TERM DOES NOT INCLUDE ASSISTANCE WITH RESIDENTIAL MOVING SERVICES.
"EARNINGS LOSS." A DECREASE OF AT LEAST 50% IN AN APP-BASED WORKER'S MONTHLY GROSS EARNINGS FROM THE PREVIOUS MONTH THAT RESULTS THROUGH NO FAULT OF THE APP-BASED WORKER.
"ELECTRONIC FUND TRANSFER." A PAYMENT OF ANY METHOD OF ELECTRONIC FUNDS TRANSFER UNDER 15 U.S.C.
§ 1693A(7) (RELATING TO DEFINITIONS).
"ELIGIBLE WORKER." AS FOLLOWS:
20230SB0967PN1890 - 15 - (1) AN APP-BASED WORKER WHOSE GROSS EARNINGS FROM, OR ARE FACILITATED BY, A NETWORK COMPANY TOTAL AT LEAST $1,000 DURING A QUARTER.
(2) AN APP-BASED WORKER SHALL BE CONSIDERED AN ELIGIBLE WORKER FOR THE THREE QUARTERS FOLLOWING A QUARTER WITH TOTAL EARNINGS WHICH MEET OR EXCEED THE LIMIT UNDER PARAGRAPH (1), NOTWITHSTANDING THE AMOUNT THE APP-BASED WORKER EARNS DURING THE THREE QUARTERS.
"FINANCIAL INSTITUTION." ANY OF THE FOLLOWING CONDUCTING BUSINESS IN THIS COMMONWEALTH:
(1) A DEPOSITORY INSTITUTION AS DEFINED UNDER 12 U.S.C.
§ 1813(C)(1) (RELATING TO DEFINITIONS).
(2) A FEDERAL CREDIT UNION OR STATE CREDIT UNION AS DEFINED UNDER 12 U.S.C.
§ 1752 (RELATING TO DEFINITIONS), INCLUDING AN INSTITUTION-AFFILIATED PARTY OF A CREDIT UNION AS DEFINED UNDER 12 U.S.C.
§ 1786(R) (RELATING TO TERMINATION OF INSURED CREDIT UNION STATUS;
CEASE AND DESIST ORDERS;
REMOVAL OR SUSPENSION FROM OFFICE;
PROCEDURE).
"GROSS EARNINGS." AN AMOUNT, INCLUDING INCENTIVES AND BONUSES, REMITTED TO AN APP-BASED WORKER.
THE TERM DOES NOT INCLUDE:
(1) TOLL FEES, CLEANING FEES, AIRPORT FEES OR OTHER CUSTOMER PASS-THROUGHS.
(2) AN AMOUNT REMITTED WHICH IS NOT NET OF SERVICE FEES OR SIMILAR FEES CHARGED TO THE APP-BASED WORKER BY THE NETWORK COMPANY.
(3) AN AMOUNT REMITTED WHICH INCLUDES TIPS OR GRATUITIES.
"INDIVIDUAL RETIREMENT ACCOUNT." A TRUST CREATED UNDER 26 U.S.C.
CH.
1 SUBCH.
D PT.
I (RELATING TO PENSION, PROFIT- 20230SB0967PN1890 - 16 - SHARING, STOCK BONUS PLANS, ETC.) AND ANY AMENDMENTS, FOR THE EXCLUSIVE BENEFIT OF AN INDIVIDUAL OR THE BENEFICIARIES OF THE INDIVIDUAL, OR BOTH, WHICH IS IN ACCORD WITH 26 U.S.C.
§ 408(A) OR (H) (RELATING TO INDIVIDUAL RETIREMENT ACCOUNTS) AND REGULATIONS OF THE INTERNAL REVENUE SERVICE RELATING TO SECTION 408(A) OR (H).
"INTERSTATE BANK." AS DEFINED IN SECTION 102(HH) OF THE ACT OF NOVEMBER 30, 1965 (P.L.847, NO.356), KNOWN AS THE BANKING CODE OF 1965.
"NETWORK COMPANY." A DELIVERY NETWORK COMPANY OR TRANSPORTATION NETWORK COMPANY.
THE TERM DOES NOT INCLUDE A BUSINESS ENTITY THAT MAINTAINS AN ONLINE-ENABLED APPLICATION OR PLATFORM USED TO FACILITATE PRIMARILY NONDELIVERY AND NONRIDESHARE SERVICES WITHIN THIS COMMONWEALTH, FOR WHICH LESS THAN 10% OF THE PLATFORM'S BUSINESS ON AN ANNUAL BASIS ARE FOR DELIVERY SERVICES OR RIDESHARE SERVICES.
"ONLINE-ENABLED APPLICATION OR PLATFORM." AN ONLINE-ENABLED APPLICATION, SOFTWARE, WEBSITE OR SYSTEM OFFERED OR UTILIZED BY A NETWORK COMPANY THAT ENABLES A DELIVERY NETWORK COMPANY COURIER OR TRANSPORTATION NETWORK COMPANY DRIVER TO PROVIDE SERVICES.
"PERMISSIBLE USE." THE USE OF MONEY FOR ANY OF THE FOLLOWING REASONS:
(1) AN ILLNESS OR ACCIDENT.
(2) THE BIRTH OR ADOPTION OF A CHILD OF THE APP-BASED WORKER.
(3) A FEDERAL OR GOVERNOR-DECLARED STATE OF EMERGENCY THAT IMPACTS THE ABILITY OF A NETWORK COMPANY DRIVER TO WORK.
(4) AN EARNINGS LOSS.
(5) TRANSFERRING MONEY TO AN INDIVIDUAL RETIREMENT 20230SB0967PN1890 - 17 - ACCOUNT OR PORTABLE BENEFIT ACCOUNT PROVIDED BY ANOTHER NETWORK COMPANY.
(6) COVERING EXPENSES INCURRED FOR PREMIUMS FOR HEALTH INSURANCE COVERAGE IN THE INDIVIDUAL MARKET.
"PORTABLE BENEFIT ACCOUNT." A FINANCIAL ACCOUNT THAT MEETS ALL OF THE FOLLOWING:
(1) FROM WHICH AMOUNTS MAY BE WITHDRAWN FOR A PERMISSIBLE USE.
(2) THE REQUIREMENTS OF THIS CHAPTER.
(3) IS ADMINISTERED BY A PORTABLE BENEFIT ACCOUNT PROVIDER.
"PORTABLE BENEFIT ACCOUNT PROVIDER." A FINANCIAL INSTITUTION ADMINISTERING THE PORTABLE BENEFIT ACCOUNT CONSISTENT WITH THE REQUIREMENTS UNDER THIS CHAPTER.
"QUARTER." EACH OF THE FOLLOWING TIME PERIODS:
(1) JANUARY 1 THROUGH MARCH 31.
(2) APRIL 1 THROUGH JUNE 30.
(3) JULY 1 THROUGH SEPTEMBER 30.
(4) OCTOBER 1 THROUGH DECEMBER 31.
"RIDESHARE REQUEST." A REQUEST TO PROVIDE A PREARRANGED RIDE AS DEFINED IN 66 PA.C.S.
§ 102 (RELATING TO DEFINITIONS) OR 53 PA.C.S.
§ 57A01 (RELATING TO DEFINITIONS).
"TRANSPORTATION NETWORK COMPANY." AN ENTITY THAT MEETS THE DEFINITION OF A TRANSPORTATION NETWORK COMPANY UNDER 66 PA.C.S.
§ 102 OR 53 PA.C.S.
§ 57A01.
"TRANSPORTATION NETWORK COMPANY DRIVER." AN INDIVIDUAL WHO MEETS THE DEFINITION OF A TRANSPORTATION NETWORK COMPANY DRIVER UNDER 66 PA.C.S.
§ 102 OR 53 PA.C.S.
§ 57A01.
CHAPTER 3 PORTABLE BENEFITS FOR 20230SB0967PN1890 - 18 - APP-BASED WORKERS SECTION 301.
CONTRIBUTIONS.
(A) NETWORK COMPANY CONTRIBUTIONS.--EXCEPT AS PROVIDED UNDER SUBSECTION (D), A NETWORK COMPANY SHALL, BY THE 30TH DAY OF EACH QUARTER FOLLOWING A QUARTER IN WHICH AN APP-BASED WORKER QUALIFIED AS AN ELIGIBLE WORKER, CONTRIBUTE TO A PORTABLE BENEFIT ACCOUNT OF AN ELIGIBLE WORKER AN AMOUNT EQUAL TO 4% OF AN ELIGIBLE WORKER'S GROSS EARNINGS IN THE IMMEDIATELY PRECEDING QUARTER EARNED THROUGH THE NETWORK COMPANY.
(B) WORKER CONTRIBUTIONS.--A NETWORK COMPANY SHALL DO ALL OF THE FOLLOWING:
(1) ALLOW AN ELIGIBLE WORKER TO ELECT AND CONTRIBUTE A PERCENTAGE OF THE APP-BASED WORKER'S EARNINGS, WHICH MAY NOT BE LESS THAN 1% OF THE ELIGIBLE WORKER'S GROSS EARNINGS WITH THE NETWORK COMPANY, TO THE ELIGIBLE WORKER'S PORTABLE BENEFIT ACCOUNT.
(2) DEDUCT ANY AMOUNT ELECTED UNDER PARAGRAPH (1) BY THE ELIGIBLE WORKER FROM THE ELIGIBLE WORKER'S EARNINGS AND DESIGNATE THE AMOUNT FOR CONTRIBUTION TO THE PORTABLE BENEFIT ACCOUNT.
(3) DEPOSIT DEDUCTIONS ELECTED UNDER PARAGRAPH (1) INTO THE ELIGIBLE WORKER'S PORTABLE BENEFIT ACCOUNT ON A WEEKLY BASIS.
(C) SOURCE OF CONTRIBUTIONS.--CONTRIBUTIONS MADE TO A PORTABLE BENEFIT ACCOUNT UNDER THIS SECTION SHALL BE MADE BY AN ELECTRONIC FUND TRANSFER.
CONTRIBUTIONS MADE UNDER SUBSECTION (A) SHALL COME FROM THE NETWORK COMPANY'S GENERAL ASSETS AND NOT BE DEDUCTED OR DRAWN FROM AN ELIGIBLE WORKER'S EARNINGS.
(D) DESIGNATION OF A PORTABLE BENEFIT ACCOUNT PROVIDER.-- WITHIN 48 HOURS FOLLOWING THE END OF A QUARTER DURING WHICH AN 20230SB0967PN1890 - 19 - APP-BASED WORKER INITIALLY QUALIFIES AS AN ELIGIBLE WORKER, A NETWORK COMPANY SHALL PROVIDE IN WRITING TO THE ELIGIBLE WORKER NOTICE OF THE WORKER'S ELIGIBILITY FOR CONTRIBUTIONS.
THE NOTICE SHALL EXPLAIN:
(1) THE ELIGIBLE WORKER MAY CHOOSE A PORTABLE BENEFIT ACCOUNT PROVIDER WITH WHOM CONTRIBUTIONS FROM THE NETWORK COMPANY AND THE ELIGIBLE WORKER ARE TO BE DEPOSITED BY THE NETWORK COMPANY UNDER THIS SECTION.
THE NOTICE SHALL SPECIFY THAT THE APP-BASED WORKER:
(I) MAY SELECT FROM A PORTABLE BENEFIT ACCOUNT PROVIDER FROM AMONG ONE OR MORE PORTABLE BENEFIT ACCOUNT PROVIDERS THAT HAVE BEEN SELECTED BY THE NETWORK COMPANY TO MANAGE PORTABLE BENEFIT ACCOUNTS FOR ELIGIBLE WORKERS.
(II) MAY DESIGNATE AN EXISTING PORTABLE BENEFIT ACCOUNT BELONGING TO THE APP-BASED WORKER TO BE USED BY THE NETWORK COMPANY GIVING NOTICE UNDER THIS SECTION AS THE PORTABLE BENEFIT ACCOUNT UPON BECOMING AN ELIGIBLE WORKER.
THE NOTICE SHALL SPECIFY INFORMATION NECESSARY TO DESIGNATE AN EXISTING PORTABLE BENEFIT ACCOUNT UNDER THIS PARAGRAPH.
(III) MAY OPT-OUT OF OPENING A PORTABLE BENEFIT ACCOUNT AT WHICH POINT NO ACCOUNT SHALL BE OPENED AND A NETWORK COMPANY WILL NOT MAKE ANY CONTRIBUTIONS UNDER SUBSECTION (A).
(2) THE METHOD BY WHICH AN APP-BASED WORKER MUST COMMUNICATE THE DESIGNATION OF A PORTABLE BENEFIT ACCOUNT PROVIDER.
(3) A NETWORK COMPANY SHALL PROVIDE AN ELIGIBLE WORKER WITH AT LEAST 15 DAYS FOLLOWING RECEIPT OF THE NOTICE REQUIRED BY THIS SUBSECTION TO DESIGNATE A PORTABLE BENEFIT 20230SB0967PN1890 - 20 - ACCOUNT PROVIDER OR OPT OUT OF A PORTABLE BENEFIT ACCOUNT.
FAILURE TO COMMUNICATE THE DESIGNATION OF A PORTABLE BENEFIT ACCOUNT PROVIDER WILL RESULT IN A PORTABLE BENEFIT ACCOUNT FOR THE APP-BASED WORKER, UPON BECOMING AN ELIGIBLE WORKER, BEING SET UP THROUGH A DEFAULT PROVIDER CHOSEN BY THE NETWORK COMPANY.
(4) THE NAME AND INFORMATION OF THE DEFAULT PORTABLE BENEFIT ACCOUNT PROVIDER THAT THE NETWORK COMPANY INTENDS TO SELECT IF AN APP-BASED WORKER FOR ANY REASON DOES NOT DESIGNATE A PORTABLE BENEFIT ACCOUNT PROVIDER.
(5) THAT DISBURSEMENTS FROM A PORTABLE BENEFIT ACCOUNT FOR ANY PERMISSIBLE USE OTHER THAN A TRANSFER TO AN INDIVIDUAL RETIREMENT ACCOUNT OR ANOTHER PORTABLE BENEFIT ACCOUNT WILL RESULT IN THE INCOME NO LONGER BEING EXEMPTED FROM TAXATION UNDER SUBSECTION (G).
(E) CHANGE OF DESIGNATION.--A NETWORK COMPANY SHALL ESTABLISH A PROCESS BY WHICH AN APP-BASED WORKER WHO HAS OPTED OUT OF A PORTABLE BENEFIT ACCOUNT MAY NOTIFY THE NETWORK COMPANY OF THE WORKER'S DESIRE TO OPEN A PORTABLE BENEFIT ACCOUNT.
FOLLOWING NOTIFICATION OF THE APP-BASED WORKER'S DESIRE TO OPEN A PORTABLE BENEFIT ACCOUNT, IF THE APP-BASED WORKER CONTINUES TO MEET THE REQUIREMENTS FOR AN ELIGIBLE WORKER, THE NETWORK COMPANY SHALL OPEN A PORTABLE BENEFIT ACCOUNT AND BEGIN CONTRIBUTIONS UNDER SUBSECTIONS (A) AND (B) IN THE SUBSEQUENT QUARTER.
(F) DEFAULT PORTABLE BENEFIT PROVIDER.--IF A NETWORK COMPANY ESTABLISHES A PORTABLE BENEFIT ACCOUNT FOR AN ELIGIBLE WORKER THROUGH A DEFAULT PORTABLE BENEFIT PROVIDER, THE NETWORK COMPANY SHALL PROVIDE IN WRITING TO THE ELIGIBLE WORKER NOTICE DETAILING THE ESTABLISHMENT OF THE ACCOUNT AND INFORMATION ON HOW TO 20230SB0967PN1890 - 21 - ACCESS FUNDS FOR PERMISSIBLE USES UNDER THIS ACT NO LATER THAN 30 DAYS FOLLOWING THE ESTABLISHMENT OF THE PORTABLE BENEFIT ACCOUNT.
(G) EXEMPTION.--CONTRIBUTIONS INTO A PORTABLE BENEFIT ACCOUNT SHALL BE EXEMPT FROM TAXATION UNDER ARTICLE III OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, AND MAY NOT BE CONSIDERED AS TAXABLE INCOME FOR THE ELIGIBLE WORKER UNLESS DISBURSED FROM A PORTABLE BENEFIT ACCOUNT FOR A PERMISSIBLE USE OTHER THAN A TRANSFER TO AN INDIVIDUAL RETIREMENT ACCOUNT OR ANOTHER PORTABLE BENEFIT ACCOUNT BELONGING TO THE ELIGIBLE WORKER.
SECTION 302.
PORTABLE BENEFIT ACCOUNT DISTRIBUTIONS.
(A) DISTRIBUTIONS.--AN ELIGIBLE WORKER WHO HAS DEPOSITED MONEY INTO A PORTABLE BENEFIT ACCOUNT MAY RECEIVE A DISTRIBUTION FOR A PERMISSIBLE USE.
(B) COMMINGLING PROHIBITED.--ASSETS IN A PORTABLE BENEFIT ACCOUNT SHALL NOT BE COMMINGLED WITH OTHER ACCOUNTS OF AN ELIGIBLE WORKER AT A FINANCIAL INSTITUTION OUTSIDE OF A PORTABLE BENEFIT ACCOUNT UNLESS AUTHORIZED UNDER THIS CHAPTER.
(C) DEATH OF ELIGIBLE WORKER.--AFTER THE DEATH OF AN ELIGIBLE WORKER, THE ENTIRE BALANCE REMAINING IN THE PORTABLE BENEFIT ACCOUNT OF THE ELIGIBLE WORKER SHALL BE DISTRIBUTED IN ACCORDANCE WITH THE RELEVANT PROVISIONS OF 20 PA.C.S.
(RELATING TO DECEDENTS, ESTATES AND FIDUCIARIES).
CHAPTER 5 MISCELLANEOUS PROVISIONS SECTION 501.
APP-BASED WORKER STATUS.
(A) DISCRIMINATION PROHIBITED.--IT SHALL BE UNLAWFUL FOR A NETWORK COMPANY, UNLESS BASED UPON A BONA FIDE OCCUPATIONAL QUALIFICATION OR PUBLIC OR WORKER SAFETY NEED, TO REFUSE TO 20230SB0967PN1890 - 22 - CONTRACT WITH, TERMINATE THE CONTRACT OF OR DEACTIVATE FROM THE NETWORK COMPANY'S ONLINE-ENABLED APPLICATION OR PLATFORM ANY APP-BASED WORKER BASED ON THE CHARACTERISTICS IDENTIFIED IN SECTION 5 OF THE ACT OF OCTOBER 27, 1955 (P.L.744, NO.222), KNOWN AS THE PENNSYLVANIA HUMAN RELATIONS ACT.
(B) INDEPENDENT CONTRACTOR.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING THE ACT OF JUNE 2, 1915 (P.L.736, NO.338), KNOWN AS THE WORKERS' COMPENSATION ACT, THE ACT OF DECEMBER 5, 1936 (2ND SP.SESS., 1937 P.L.2897, NO.1), KNOWN AS THE UNEMPLOYMENT COMPENSATION LAW, AND THE ACT OF JANUARY 17, 1968 (P.L.11, NO.5), KNOWN AS THE MINIMUM WAGE ACT OF 1968, AND ANY ORDERS, REGULATIONS OR OPINIONS, AN APP-BASED WORKER SHALL BE DEEMED AN INDEPENDENT CONTRACTOR AND NOT AN EMPLOYEE OR AGENT FOR ALL PURPOSES WITH RESPECT TO THE APP-BASED WORKER'S RELATIONSHIP WITH A NETWORK COMPANY IF THE FOLLOWING CONDITIONS ARE MET:
(1) THE NETWORK COMPANY DOES NOT UNILATERALLY PRESCRIBE SPECIFIC DATES, TIMES OF DAY OR A MINIMUM NUMBER OF HOURS DURING WHICH THE APP-BASED WORKER MUST BE LOGGED INTO THE NETWORK COMPANY'S ONLINE-ENABLED APPLICATION OR PLATFORM.
(2) THE NETWORK COMPANY DOES NOT TERMINATE THE CONTRACT OF THE APP-BASED WORKER FOR NOT ACCEPTING A SPECIFIC REQUEST FOR SERVICES.
(3) THE NETWORK COMPANY DOES NOT RESTRICT THE APP-BASED WORKER FROM PERFORMING SERVICES THROUGH OTHER NETWORK COMPANIES' PLATFORMS EXCEPT WHILE PERFORMING SERVICES THROUGH THE NETWORK COMPANY'S OWN ONLINE-ENABLED APPLICATION OR PLATFORM.
(4) THE NETWORK COMPANY DOES NOT CONTRACTUALLY RESTRICT THE APP-BASED WORKER FROM WORKING IN ANY OTHER LAWFUL 20230SB0967PN1890 - 23 - OCCUPATION OR BUSINESS.
SECTION 502.
SEVERABILITY.
(A) GENERAL RULE.--EXCEPT AS PROVIDED UNDER SUBSECTION (B), THE PROVISIONS OF THIS ACT ARE SEVERABLE.
IF ANY PROVISION OF THIS ACT OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION.
(B) EXCEPTION.--NOTWITHSTANDING SUBSECTION (A), IF SECTION 501 IS HELD TO BE INVALID BY A DECISION OF ANY COURT OF COMPETENT JURISDICTION, THE DECISION SHALL APPLY TO THE ENTIRETY OF THE REMAINING PROVISIONS OF THIS ACT, AND NO PROVISION OF THIS ACT SHALL BE DEEMED VALID OR GIVEN FORCE OF LAW.
(C) EXISTING PORTABLE BENEFIT ACCOUNTS.--IF SECTION 501 IS HELD BY ANY COURT TO BE INVALID, THE PORTABLE BENEFIT ACCOUNT AND CONTRIBUTIONS MADE BY AN ELIGIBLE WORKER AND A NETWORK COMPANY SHALL REMAIN THE PROPERTY OF THE ELIGIBLE WORKER ASSOCIATED WITH THE PORTABLE BENEFIT ACCOUNT.
SECTION 503.
STATEWIDE UNIFORMITY.
A PROVISION OF A LOCAL LAW OR ORDINANCE, OR A RULE OR REGULATION PROMULGATED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, WHICH GOVERNS THE RELATIONSHIP BETWEEN A NETWORK COMPANY AND AN APP-BASED WORKER SHALL, UPON THE EFFECTIVE DATE OF THIS SECTION, BE PREEMPTED.
SECTION 504.
EFFECTIVE DATE.
THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) CHAPTER 3 SHALL TAKE EFFECT IN 180 DAYS.
(2) THIS SECTION AND THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
20230SB0967PN1890 - 24 -
Show all 184 changed rows (144 more)
Amendments
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Action History
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First consideration
-
Reported as amended
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Referred to Banking & Insurance
Sponsors
- Ryan Aument · Primary
- Camera Bartolotta · Cosponsor
- Elder A. Vogel · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 250 not signed on · 5 voted No
Sponsors (1)
- Ryan Aument
Co-sponsors (2)
- Camera Bartolotta Republican
- Elder A. Vogel Republican
Not signed on (250)
250 members have not signed on to this bill.
Show all 250 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 7 | 1 | 0 | 0 |
| Unaffiliated | 1 | 2 | 0 | 0 |
| Democratic | 0 | 3 | 0 | 0 |
| Total | 8 | 6 | 0 | 0 |
| % of votes cast | 57% | 43% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| John Disanto | — | Yea |
| James Brewster | — | Nay |
| Anthony Williams | — | Nay |
| Lisa M. Boscola | Democratic | Nay |
| Sharif Street | Democratic | Nay |
| Steven J. Santarsiero | Democratic | Nay |
| Chris Gebhard | Republican | Yea |
| Daniel Laughlin | Republican | Yea |
| Devlin J. Robinson | Republican | Nay |
| Elder A. Vogel | Republican | Yea |
| Gene Yaw | Republican | Yea |
| Kim L. Ward | Republican | Yea |
| Kristin Phillips-Hill | Republican | Yea |
| Lisa Baker | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 7 | 1 | 0 | 0 |
| Unaffiliated | 1 | 2 | 0 | 0 |
| Democratic | 0 | 3 | 0 | 0 |
| Total | 8 | 6 | 0 | 0 |
| % of votes cast | 57% | 43% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| John Disanto | — | Yea |
| James Brewster | — | Nay |
| Anthony Williams | — | Nay |
| Lisa M. Boscola | Democratic | Nay |
| Sharif Street | Democratic | Nay |
| Steven J. Santarsiero | Democratic | Nay |
| Chris Gebhard | Republican | Yea |
| Daniel Laughlin | Republican | Yea |
| Devlin J. Robinson | Republican | Nay |
| Elder A. Vogel | Republican | Yea |
| Gene Yaw | Republican | Yea |
| Kim L. Ward | Republican | Yea |
| Kristin Phillips-Hill | Republican | Yea |
| Lisa Baker | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 967?
- SB 967 is sponsored by Ryan Aument, Camera Bartolotta (Republican), and Elder A. Vogel (Republican).
- What is the current status of SB 967?
- This bill died with 2023-2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 967?
- Track SB 967 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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