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Oklahoma Legislature· HB 4282Second Reading referred to Rules

An act relating to motor vehicles, the official text

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1                   STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 4282                 By: Miller

4

5

6                   AS INTRODUCED

7   An Act relating to motor vehicles; creating the

    Oklahoma Driver Fairness and Transparency Act;

8   providing purpose; defining terms; requiring certain

    knowledge be provided at the time of offers;

9   determining certain windows for acceptance of offers;

    providing circumstances for uses of estimates or

10  minimum amounts; requiring certain information be

    provided in specific time limits; determining length

11  of time such information is available; determining

    certain requirements for tips; allowing for uses of

12  certain assistive technologies; allowing for specific

    revisions of assistive technologies under specific

13  circumstances; prohibiting certain adverse or

    retaliatory actions because of the use of assistive

14  technologies; requiring certain filings with the

    Oklahoma Corporation Commission; requiring written

15  notice of certain decisions within certain timelines;

    providing additional methods of review; requiring the

16  use of human review in certain circumstances;

    allowing for driver participation in the review

17  processes; determining notice requirements of certain

    decisions; imposing a timeframe for restoration of

18  drivers; requiring certain documentation be held for

    a specific period of time; allowing for certain

19  previous cases to be considered for review under

    specific circumstances; prohibiting certain actions;

20  prohibiting certain contract terms; allowing the

    Oklahoma Corporation Commission to impose certain

21  fines; allowing the Oklahoma Attorney General's

    office to pursue certain cases; allowing for specific

22  civil actions; requiring the promulgation of rules;

    maintaining certain driver statuses; providing for

23  severability; providing for codification; and

    providing an effective date.

24

    Req. No. 15235                                         Page 1
1 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

2   SECTION 1.      NEW LAW  A new section of law to be codified

3 in the Oklahoma Statutes as Section 1040 of Title 47, unless there

4 is created a duplication in numbering, reads as follows:

5   This act shall be known and may be cited as the "Oklahoma Driver

6 Fairness and Transparency Act".

7   SECTION 2.      NEW LAW  A new section of law to be codified

8 in the Oklahoma Statutes as Section 1041 of Title 47, unless there

9 is created a duplication in numbering, reads as follows:

10  The purpose of this act is to ensure that drivers have

11 transparency in compensation and destinations, protection of tips,

12 fair deactivation procedures, lawful use of third-party tools and

13 accessibility services, prohibition of retaliation based on

14 acceptance behavior, and preservation of independent-contractor

15 status.

16  SECTION 3.      NEW LAW  A new section of law to be codified

17 in the Oklahoma Statutes as Section 1042 of Title 47, unless there

18 is created a duplication in numbering, reads as follows:

19  As used in the Oklahoma Driver Fairness and Transparency Act:

20  1. "Acceptance rating" means any metric calculated from a

21 driver's ratio of accepted to offered tasks, including a decline

22 rate, cancellation rate, or any substantially similar measure;

23  2. "Assistive technology" means software or hardware used by a

24 driver to perceive, operate, or communicate with a platform's

    Req. No. 15235                                                 Page 2
1 application, including operating-system accessibility services such

2 as screen readers, voice control, switch control, and third-party

3 assistive applications;

4   3. "Courier application service (CAS)" is as defined in Section

5 1071 of Title 47 of the Oklahoma Statutes;

6   4. "Deactivation" means any action of a platform that

7 terminates or disables a driver's access to accept offers for a

8 period of seventy-two (72) hours or more;

9   5. "Driver" means a natural person who uses a platform's

10 digital application to provide transportation or delivery services

11 as an independent contractor. This person may be a TNC driver, as

12 defined in Section 1011 of Title 47 of the Oklahoma Statutes, or a

13 CAS driver as defined in Section 1071 of Title 47 of the Oklahoma

14 Statutes;

15  6. "Platform" means a technology-enabled marketplace, including

16 a transportation network company (TNC) or a courier application

17 service (CAS), that connects consumers with app-based transportation

18 or delivery services;

19  7. "Suspension" means an action to limit a driver's access to

20 accept offers for a period of less than seventy-two (72) hours;

21  8. "Tier" means any program or policy that conditions

22 disclosures, offer access, scheduling access, dispatch priority,

23 incentives, or other material terms on a driver's acceptance rating

24 or other acceptance-related behavior;

    Req. No. 15235                                                  Page 3
1       9. "Third-party driver tool" means software or hardware

2 lawfully used by a driver, including navigation, accessibility,

3 analytics, offer-management, or workflow tools that are not owned or

4 provided by the platform; and

5       10. "Tip" means any gratuity designated by the consumer for the

6 driver, whether done pre- or post-delivery.

7       SECTION 4.  NEW LAW      A new section of law to be codified

8 in the Oklahoma Statutes as Section 1043 of Title 47, unless there

9 is created a duplication in numbering, reads as follows:

10      A. Before a driver accepts an offer, a platform shall display

11 all known information including:

12      1. The full amount, down to the cent, of the driver's

13 compensation, including base pay, the known tip, and any other

14 amounts;

15      2. Pickup location or locations, exact drop-off location or

16 locations, including street address and unit number if provided, the

17 number of stops, and the estimated time and distance of the drive;

18 and

19      3. Any incentives or conditions attached to the offer.

20      B. For CAS offers, a platform shall provide a minimum

21 acceptance window of sixty (60) seconds. For TNC offers, a platform

22 shall provide a minimum acceptance window of thirty (30) seconds.

23      C. A platform shall not condition the disclosures required by

24 this section, or access to offers, on a driver's acceptance rating,

    Req. No. 15235                                                 Page 4
1 tier, or loyalty status. Nor shall the platform suppress, delay, or

2 degrade such disclosures based on acceptance behavior.

3   D. A platform shall not mask, conceal, round, or otherwise

4 obscure any component of compensation or destination information

5 required by this section. If any component is contingent or

6 estimated, the platform shall disclose the contingency or estimation

7 and the exact calculation method or the minimum guaranteed amount.

8   SECTION 5.       NEW LAW    A new section of law to be codified

9 in the Oklahoma Statutes as Section 1044 of Title 47, unless there

10 is created a duplication in numbering, reads as follows:

11  A. Within twenty-four (24) hours after completion or

12 cancellation, a platform shall make available to the driver an

13 itemized receipt stating:

14  1. The customer's total amount paid;

15  2. The driver's total compensation broken down into:

16  a. the base pay amount,

17  b. the tip amount, and

18  c. any incentives or bonuses the driver received;

19  3. The itemized fees, commissions, or service charges retained

20 by the platform;

21  4. The taxes, regulatory fees, and surcharges;

22  5. The time and distance of the trip; and

23  6. In the event of a cancellation, whether the consumer or

24 platform canceled the trip.

    Req. No. 15235                                                 Page 5
1 Additionally, any post-trip adjustments, withholdings, or

2 chargebacks, which shall be identified and explained.

3   B. Itemized receipts shall remain accessible to the driver for

4 at least one (1) year.

5   SECTION 6.         NEW LAW  A new section of law to be codified

6 in the Oklahoma Statutes as Section 1045 of Title 47, unless there

7 is created a duplication in numbering, reads as follows:

8   A. One hundred percent (100%) of tips shall be paid to the

9 driver and shall not be used to offset or reduce pay or other

10 compensation owed.

11  B. A consumer's reduction or removal of a tip within twenty-

12 four (24) hours after completion shall not reduce the driver's

13 compensation. The platform shall make the driver whole for any such

14 reduction.

15  C. After twenty-four (24) hours, a platform may adjust a tip

16 only upon documented evidence of fraud, duplicate charge, or

17 mistaken amount with contemporaneous written notice to the driver,

18 including the reason and evidence relied upon. There shall be a

19 process for the driver to challenge the determination.

20  D. Nothing in the section prohibits a consumer from increasing

21 a tip at any time. Any such increase shall go to the driver in

22 full.

23

24

    Req. No. 15235                                                 Page 6
1   SECTION 7.      NEW LAW   A new section of law to be codified

2 in the Oklahoma Statutes as Section 1046 of Title 47, unless there

3 is created a duplication in numbering, reads as follows:

4   A. A platform shall not deactivate, suspend, limit dispatch,

5 reduce ranking, block features, downgrade performance, or otherwise

6 retaliate against a driver solely because the driver uses a third-

7 party driver tool or any assistive technology or accessibility

8 service.

9   B. 1. A platform shall not block, disable, or interfere with

10 operating-system accessibility services, including, but not limited

11 to: screen readers, voice control, switch control, AssistiveTouch,

12 magnification, text-to-speech, or accessibility shortcuts. Nor

13 shall the platform block a third-party assistive technology used by

14 the driver to perceive or operate the platform's application.

15  2. The presence or activation of such services shall not, by

16 itself, constitute grounds for adverse action against the driver.

17  C. 1. A platform may restrict a specific functionality of a

18 third-party tool or assistive technology only if the platform

19 demonstrates that the particular functionality, as implemented,

20 materially:

21          a. compromises traffic safety,

22          b. violates state or federal law,

23          c. circumvents identity, security, or fraud-prevention

24              measures, or

    Req. No. 15235                                                  Page 7
1   d. falsifies location or trip data presented to the

2   platform or consumer, including GPS spoofing tools,

3   and the platform demonstrated that the risk cannot be

4   mitigated through reasonable alternatives or

5   accommodations.

6   2. Any restrictions shall be narrowly tailored to the specific

7 functionality and may not be a blanket ban on accessibility services

8 or a third-party tool.

9   D. 1. Before enforcing a new or revised restriction affecting

10 third-party or assistive technologies, a platform shall publish the

11 restriction with the specific safety or security rationale and shall

12 provide fourteen (14) days' advance notice to drivers. In the event

13 where immediate action is necessary because of a legitimate security

14 concern, the fourteen (14) days' notice may be waived.

15  2. Where a restriction affects an accessibility service or

16 assistive technology, the platform shall offer a reasonable

17 alternative or accommodation that enables the driver to access the

18 application's core functions.

19  E. 1. No adverse action shall be taken based solely on

20 automated detection of device, app, process, or "fingerprint"

21 signals indicating the presence or use of third-party tools or

22 accessibility services, without human review and a specific

23 explanation provided to the driver.

24

    Req. No. 15235                                                 Page 8
1       2. A platform shall not require a driver to uninstall, disable,

2 or consent to the disabling of any operating system service,

3 including accessibility services, as a condition of access to the

4 platform, except as permitted under subsection C for specific

5 functionality that materially compromises the safety, security, or

6 fraud prevention and only where no reasonable alternative or

7 accommodation exists.

8       F. Nothing in this section shall be construed to reduce or

9 limit any rights or obligations under federal and state disability

10 laws.

11      SECTION 8.  NEW LAW  A new section of law to be codified

12 in the Oklahoma Statutes as Section 1047 of Title 47, unless there

13 is created a duplication in numbering, reads as follows:

14      A. Each platform shall adopt, publish on its website and drive

15 app, and file with the Oklahoma Corporation Commission a

16 deactivation and suspension policy listing violations, specific

17 consequences, and the procedures for human review and appeal.

18      B. Within twenty-four (24) hours of any deactivation or

19 suspension, the platform shall provide the driver a written notice

20 stating:

21      1. The specific reasons for the action, including the policy

22 provision or provisions allegedly violated;

23      2. The evidence relied upon, redacted only as required by law;

24 and

    Req. No. 15235                                                  Page 9
1   3. A link or method to challenge the action and request a human

2 review.

3   C. No deactivation or suspension may be imposed or maintained

4 based solely on automated flags, device or app fingerprinted, or

5 algorithmic scoring without timely human review. A platform may

6 impose an immediate temporary suspension to address an acute safety

7 or security risk, but a trained human review shall validate or lift

8 the action within twenty-four (24) hours.

9   D. 1. All challenges shall be decided by at least one (1)

10 trained human reviewer who was not the originator of the decision.

11  2. Any deactivation shall be affirmed only after review by a

12 panel of at least five (5) human reviewers, including at least one

13 reviewer who was not involved in the initial determination.

14  3. Reviewers shall consider any explanation or evidence

15 submitted by the driver and shall issue a reasoned written decision.

16  E. 1. The driver shall be offered either a phone or video

17 conference of at least fifteen (15) minutes, or a written submission

18 process to be involved in the review.

19  2. The driver may be represented by counsel or an authorized

20 representative. Language and accessibility accommodations shall be

21 provided upon request.

22  F. 1. The platform shall issue a reasoned decision within

23 fourteen (14) days after the driver submits a challenge, unless

24

    Req. No. 15235                                              Page 10
1 extended once for up to seven (7) additional days for good causes

2 stated in writing to the driver.

3   2. If the action is reversed, the platform shall restore the

4 driver's access within twenty-four (24) hours.

5   G. The platform shall retain the notice, evidence, and

6 decisions for at least three (3) years, and shall make them

7 available to the driver upon request.

8   H. At the driver's request, the challenge and human review

9 described in subsections B through D of this section, shall be

10 decided by a review panel that includes at least one member not

11 employed by the platform, selected from a roster maintained by the

12 Oklahoma Corporation Commission in consultation with recognized

13 driver organizations. The panel's decision shall constitute the

14 platform's final internal decision.

15  SECTION 9.      NEW LAW  A new section of law to be codified

16 in the Oklahoma Statutes as Section 1048 of Title 47, unless there

17 is created a duplication in numbering, reads as follows:

18  A. Any driver deactivated within three (3) years prior to the

19 effective date of this act, shall have twelve (12) months from the

20 effective date to request a lookback review following the same

21 procedures in this act. This review shall be limited to the

22 incident cited by the platform as the reason for the deactivation.

23  B. Upon request, the platform shall provide the reasons and

24 evidence it relied upon at the time of deactivation, redacted only

    Req. No. 15235                                                 Page 11
1 as required by law, and shall evaluate the request under the current

2 policy or policy in effect at the time of the deactivation,

3 whichever is more favorable to the driver.

4   C. Remedies in these cases shall include reactivation or a

5 reasoned denial. A platform's failure to timely process a lookback

6 request may be enjoined by a court. Nothing herein creates

7 liability for damages solely for a past deactivation decision prior

8 to the effective date of this act.

9   SECTION 10.     NEW LAW  A new section of law to be codified

10 in the Oklahoma Statutes as Section 1049 of Title 47, unless there

11 is created a duplication in numbering, reads as follows:

12  A. A platform shall not take adverse action against a driver

13 for lawfully accepting or declining offers, using destination or

14 areas preferences provided by the platform, or exercising rights

15 under this act.

16  B. A platform shall not reduce offer volume, dispatch priority,

17 incentives, access to promotions, or any other material term based

18 on a driver's acceptance rating or decline and cancellation

19 behavior, except as necessary to address documented safety, fraud,

20 or legal violations consistent with this act.

21  C. Contract terms that waive or limit rights under this act,

22 require venue outside of Oklahoma, or impose fee-shifting against

23 drivers for asserting rights under this act are void as against

24 public policy.

    Req. No. 15235                                              Page 12
1   SECTION 11.       NEW LAW  A new section of law to be codified

2 in the Oklahoma Statutes as Section 1050 of Title 47, unless there

3 is created a duplication in numbering, reads as follows:

4   A. The Oklahoma Corporation Commission may receive complaints,

5 investigate, and assess civil penalties against a platform, not to

6 exceed Two Thousand Five Hundred Dollars ($2,500.00) per violation,

7 or Ten Thousand Dollars ($10,000.00) per knowing or repeated

8 violations.

9   B. The Oklahoma Attorney General may bring a civil action to

10 enforce this act.

11  C. A driver aggrieved by a violation of this act may bring a

12 civil action for injunctive relief, actual damages, or statutory

13 damages of not less than Five Hundred Dollars ($500.00) per

14 violation, and reasonable attorney fees and costs. The court may

15 order reinstatement where appropriate.

16  D. Rights and remedies under this act are cumulative and

17 nonexclusive.

18  SECTION 12.       NEW LAW  A new section of law to be codified

19 in the Oklahoma Statutes as Section 1051 of Title 47, unless there

20 is created a duplication in numbering, reads as follows:

21  The Oklahoma Corporation Commission shall promulgate rules to

22 implement this act. Such rules shall include:

23  A. The establishment and maintenance of a roster of qualified

24 external reviewers for panels convened under this act;

    Req. No. 15235                                              Page 13
1   B. Setting minimum qualifications, training, and conflict-of-

2 interest standards for reviewers;

3   C. Specifying the selection procedure for assigning reviews to

4 particular matters, ensuring impartiality; and

5   D. Defining notice, timelines, and accessibility accommodations

6 for the challenge and review process.

7   SECTION 13.     NEW LAW  A new section of law to be codified

8 in the Oklahoma Statutes as Section 1052 of Title 47, unless there

9 is created a duplication in numbering, reads as follows:

10  A. Nothing in this act shall be construed to alter a driver's

11 status as an independent contractor under state or federal law.

12  B. The provisions of this act shall be severable and if any

13 section, subsection, sentence or clause of this act is for any

14 reason held to be invalid, such holding shall not affect the

15 validity of the remaining portions thereof.

16  SECTION 14. This act shall become effective November 1, 2026.

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18  60-2-15235      MKS  01/08/26

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    Req. No. 15235                                               Page 14
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