Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 340
       
       
       
       
       
       
                                Ì1444567Î144456                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2017           .                                
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       The Committee on Banking and Insurance (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 627.748, Florida Statutes, is created to
    6  read:
    7         627.748Transportation network companies.—
    8         (1) DEFINITIONS.—As used in this section, the term:
    9         (a) “Digital network” means any online-enabled technology
   10  application service, website, or system offered or used by a
   11  transportation network company which enables the prearrangement
   12  of rides with transportation network company drivers.
   13         (b) “Prearranged ride” means the provision of
   14  transportation by a TNC driver to a rider, beginning when a TNC
   15  driver accepts a ride requested by a rider through a digital
   16  network controlled by a transportation network company,
   17  continuing while the TNC driver transports the rider, and ending
   18  when the last requesting rider departs from the TNC vehicle. The
   19  term does not include a taxicab, for-hire vehicle, or street
   20  hail service and does not include ridesharing as defined in s.
   21  341.031, carpool as defined s. 450.28, or any other type of
   22  service in which the driver receives a fee that does not exceed
   23  the driver’s cost to provide the ride.
   24         (c) “Rider” means an individual who uses a digital network
   25  to connect with a TNC driver in order to obtain a prearranged
   26  ride in the TNC driver’s TNC vehicle between points chosen by
   27  the rider.
   28         (d) “Street hail” means an immediate arrangement on a
   29  street with a driver by a person using any method other than a
   30  digital network to seek immediate transportation.
   31         (e) “Transportation network company” or “TNC” means an
   32  entity operating in this state pursuant to this section using a
   33  digital network to connect a rider to a TNC driver, who provides
   34  prearranged rides. A TNC is not deemed to own, control, operate,
   35  direct, or manage the TNC vehicles or TNC drivers that connect
   36  to its digital network, except where agreed to by written
   37  contract, and is not a taxicab association or for-hire vehicle
   38  owner.
   39         (f) “Transportation network company driver” or “TNC driver”
   40  means an individual who:
   41         1. Receives connections to potential riders and related
   42  services from a transportation network company; and
   43         2. In return for compensation, uses a TNC vehicle to offer
   44  or provide a prearranged ride to a rider upon connection through
   45  a digital network.
   46         (g) “Transportation network company vehicle” or “TNC
   47  vehicle” means a vehicle that is not a taxicab, jitney,
   48  limousine, or for-hire vehicle as defined in s. 320.01(15) and
   49  that is:
   50         1. Used by a TNC driver to offer or provide a prearranged
   51  ride; and
   52         2. Owned, leased, or otherwise authorized to be used by the
   53  TNC driver.
   54  
   55  Notwithstanding any other provision of law, a vehicle that is
   56  let or rented to another for consideration may be used as a TNC
   57  vehicle.
   58         (2) NOT OTHER CARRIERS.—A TNC or TNC driver is not a common
   59  carrier, contract carrier, or motor carrier and does not provide
   60  taxicab or for-hire vehicle service. In addition, a TNC driver
   61  is not required to register the vehicle that the TNC driver uses
   62  to provide prearranged rides as a commercial motor vehicle or a
   63  for-hire vehicle.
   64         (3) AGENT.—A TNC must designate and maintain an agent for
   65  service of process in this state.
   66         (4) FARE TRANSPARENCY.—If a fare is collected from a rider,
   67  the TNC must disclose to the rider the fare or fare calculation
   68  method on its website or within the online-enabled technology
   69  application service before the beginning of the prearranged
   70  ride. If the fare is not disclosed to the rider before the
   71  beginning of the prearranged ride, the rider must have the
   72  option to receive an estimated fare before the beginning of the
   73  prearranged ride.
   74         (5) IDENTIFICATION OF TNC VEHICLES AND DRIVERS.—The TNC’s
   75  digital network must display a photograph of the TNC driver and
   76  the license plate number of the TNC vehicle used for providing
   77  the prearranged ride before the rider enters the TNC driver’s
   78  vehicle.
   79         (6) ELECTRONIC RECEIPT.—Within a reasonable period after
   80  the completion of a ride, a TNC shall transmit an electronic
   81  receipt to the rider on behalf of the TNC driver which lists:
   82         (a) The origin and destination of the ride;
   83         (b) The total time and distance of the ride; and
   84         (c) The total fare paid.
   85         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
   86  REQUIREMENTS.—
   87         (a) Beginning July 1, 2017, a TNC driver or a TNC on behalf
   88  of the TNC driver shall maintain primary automobile insurance
   89  that:
   90         1. Recognizes that the TNC driver is a TNC driver or
   91  otherwise uses a vehicle to transport riders for compensation;
   92  and
   93         2. Covers the TNC driver while the TNC driver is logged on
   94  to the digital network of the TNC or while the TNC driver is
   95  engaged in a prearranged ride.
   96         (b) The following automobile insurance requirements apply
   97  while a participating TNC driver is logged on to the digital
   98  network but is not engaged in a prearranged ride:
   99         1. Automobile insurance that provides:
  100         a. A primary automobile liability coverage of at least
  101  $50,000 for death and bodily injury per person, $100,000 for
  102  death and bodily injury per incident, and $25,000 for property
  103  damage;
  104         b. Personal injury protection benefits that meet the
  105  minimum coverage amounts required under ss. 627.730-627.7405;
  106  and
  107         c. Uninsured and underinsured vehicle coverage as required
  108  by s. 627.727.
  109         2. The coverage requirements of this paragraph may be
  110  satisfied by any of the following:
  111         a. Automobile insurance maintained by the TNC driver;
  112         b. Automobile insurance maintained by the TNC; or
  113         c. A combination of sub-subparagraphs a. and b.
  114         (c) The following automobile insurance requirements apply
  115  while a TNC driver is engaged in a prearranged ride:
  116         1. Automobile insurance that provides:
  117         a. A primary automobile liability coverage of at least $1
  118  million for death, bodily injury, and property damage;
  119         b. Personal injury protection benefits that meet the
  120  minimum coverage amounts required of a limousine under ss.
  121  627.730-627.7405; and
  122         c. Uninsured and underinsured vehicle coverage as required
  123  by s. 627.727.
  124         2. The coverage requirements of this paragraph may be
  125  satisfied by any of the following:
  126         a. Automobile insurance maintained by the TNC driver;
  127         b. Automobile insurance maintained by the TNC; or
  128         c. A combination of sub-subparagraphs a. and b.
  129         (d) If the TNC driver’s insurance under paragraph (b) or
  130  paragraph (c) has lapsed or does not provide the required
  131  coverage, the insurance maintained by the TNC must provide the
  132  coverage required under this subsection, beginning with the
  133  first dollar of a claim, and have the duty to defend such claim.
  134         (e) Coverage under an automobile insurance policy
  135  maintained by the TNC must not be dependent on a personal
  136  automobile insurer first denying a claim, and a personal
  137  automobile insurance policy is not required to first deny a
  138  claim.
  139         (f) Insurance required under this subsection must be
  140  provided by an insurer authorized to do business in this state
  141  which is a member of the Florida Insurance Guaranty Association
  142  or an eligible surplus lines insurer that has a superior,
  143  excellent, exceptional, or equivalent financial strength rating
  144  by a rating agency acceptable to the Office of Insurance
  145  Regulation of the Financial Services Commission.
  146         (g) Insurance satisfying the requirements under this
  147  subsection is deemed to satisfy the financial responsibility
  148  requirement for a motor vehicle under chapter 324 and the
  149  security required under s. 627.733 for any period when the TNC
  150  driver is logged onto the digital network or engaged in a
  151  prearranged ride.
  152         (h) A TNC driver shall carry proof of coverage satisfying
  153  paragraphs (b) and (c) with him or her at all times during his
  154  or her use of a TNC vehicle in connection with a digital
  155  network. In the event of an accident, a TNC driver shall provide
  156  this insurance coverage information to any party directly
  157  involved in the accident or the party’s designated
  158  representative, automobile insurers, and investigating police
  159  officers. Proof of financial responsibility may be presented
  160  through an electronic device, such as a digital phone
  161  application, under s. 316.646. Upon request, a TNC driver shall
  162  also disclose to any party directly involved in the accident or
  163  the party’s designated representative, automobile insurers, and
  164  investigating police officers whether he or she was logged on to
  165  a digital network or was engaged in a prearranged ride at the
  166  time of the accident.
  167         (i) If a TNC’s insurer makes a payment for a claim covered
  168  under comprehensive coverage or collision coverage, the TNC
  169  shall cause its insurer to issue the payment directly to the
  170  business repairing the vehicle or jointly to the owner of the
  171  vehicle and the primary lienholder on the covered vehicle.
  172         (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
  173  EXCLUSIONS.—
  174         (a) Before a TNC driver is allowed to accept a request for
  175  a prearranged ride on the digital network, the TNC must disclose
  176  in writing to the TNC driver:
  177         1. The insurance coverage, including the types of coverage
  178  and the limits for each coverage, which the TNC provides while
  179  the TNC driver uses a TNC vehicle in connection with the TNC’s
  180  digital network.
  181         2. That the TNC driver’s own automobile insurance policy
  182  might not provide any coverage while the TNC driver is logged on
  183  to the digital network or is engaged in a prearranged ride,
  184  depending on the terms of the TNC driver’s own automobile
  185  insurance policy.
  186         3. That the provision of rides for compensation which are
  187  not prearranged rides subjects the driver to the coverage
  188  requirements imposed under s. 324.032(1) and that failure to
  189  meet such coverage requirements subjects the TNC driver to
  190  penalties provided in s. 324.221, up to and including a
  191  misdemeanor of the second degree.
  192         (b)1. An insurer that provides an automobile liability
  193  insurance policy under part XI of chapter 627 may exclude any
  194  and all coverage afforded under the policy issued to an owner or
  195  operator of a TNC vehicle for any loss or injury that occurs
  196  while a TNC driver is logged on to a digital network or while a
  197  TNC driver provides a prearranged ride. Exclusions imposed under
  198  this subsection are limited to coverage while a TNC driver is
  199  logged on to a digital network or while a TNC driver provides a
  200  prearranged ride. This right to exclude all coverage may apply
  201  to any coverage included in an automobile insurance policy,
  202  including, but not limited to:
  203         a. Liability coverage for bodily injury and property
  204  damage;
  205         b. Uninsured and underinsured motorist coverage;
  206         c. Medical payments coverage;
  207         d. Comprehensive physical damage coverage;
  208         e. Collision physical damage coverage; and
  209         f. Personal injury protection.
  210         2. The exclusions described in subparagraph 1. apply
  211  notwithstanding any requirement under chapter 324. These
  212  exclusions do not affect or diminish coverage otherwise
  213  available for permissive drivers or resident relatives under the
  214  personal automobile insurance policy of the TNC driver or owner
  215  of the TNC vehicle who are not occupying the TNC vehicle at the
  216  time of loss. This section does not require that a personal
  217  automobile insurance policy provide coverage while the TNC
  218  driver is logged on to a digital network, while the TNC driver
  219  is engaged in a prearranged ride, or while the TNC driver
  220  otherwise uses a vehicle to transport riders for compensation.
  221         3. This section must not be construed to require an insurer
  222  to use any particular policy language or reference to this
  223  section in order to exclude any and all coverage for any loss or
  224  injury that occurs while a TNC driver is logged on to a digital
  225  network or while a TNC driver provides a prearranged ride.
  226         4. This section does not preclude an insurer from providing
  227  primary or excess coverage for the TNC driver’s vehicle by
  228  contract or endorsement.
  229         (c)1. An automobile insurer that excludes the coverage
  230  described in subparagraph (b)1. does not have a duty to defend
  231  or indemnify any claim expressly excluded thereunder. This
  232  section does not invalidate or limit an exclusion contained in a
  233  policy, including a policy in use or approved for use in this
  234  state before July 1, 2017, which excludes coverage for vehicles
  235  used to carry persons or property for a charge or available for
  236  hire by the public.
  237         2. An automobile insurer that defends or indemnifies a
  238  claim against a TNC driver which is excluded under the terms of
  239  its policy has a right of contribution against other insurers
  240  that provide automobile insurance to the same TNC driver in
  241  satisfaction of the coverage requirements of subsection (7) at
  242  the time of loss.
  243         (d) In a claims coverage investigation, a TNC shall
  244  immediately provide, upon request by a directly involved party
  245  or any insurer of the TNC driver, if applicable, the precise
  246  times that the TNC driver logged on and off the digital network
  247  in the 12-hour period immediately preceding and in the 12-hour
  248  period immediately following the accident. An insurer providing
  249  coverage under subsection (7) shall disclose, upon request by
  250  any other insurer involved in the particular claim, the
  251  applicable coverages, exclusions, and limits provided under any
  252  automobile insurance maintained in order to satisfy the
  253  requirements of subsection (7).
  254         (9) LIMITATION ON TRANSPORTATION NETWORK COMPANIES.—A TNC
  255  driver is an independent contractor and not an employee of the
  256  TNC if all of the following conditions are met:
  257         (a) The TNC does not unilaterally prescribe specific hours
  258  during which the TNC driver must be logged on to the TNC’s
  259  digital network.
  260         (b) The TNC does not prohibit the TNC driver from using
  261  digital networks from other TNCs.
  262         (c) The TNC does not restrict the TNC driver from engaging
  263  in any other occupation or business.
  264         (d) The TNC and TNC driver agree in writing that the TNC
  265  driver is an independent contractor with respect to the TNC.
  266         (10) ZERO TOLERANCE FOR DRUG OR ALCOHOL USE.—
  267         (a) The TNC shall implement a zero-tolerance policy
  268  regarding a TNC driver’s activities while accessing the TNC’s
  269  digital network. The zero-tolerance policy must address the use
  270  of drugs or alcohol while a TNC driver is providing a
  271  prearranged ride or is logged on to the digital network.
  272         (b) The TNC shall provide notice of this policy on its
  273  website, as well as procedures to report a complaint about a TNC
  274  driver who a rider reasonably suspects was under the influence
  275  of drugs or alcohol during the course of the ride.
  276         (c) Upon receipt of a rider’s complaint alleging a
  277  violation of the zero-tolerance policy, the TNC shall suspend a
  278  TNC driver’s ability to accept any ride request through the
  279  TNC’s digital network as soon as possible and shall conduct an
  280  investigation into the reported incident. The suspension must
  281  last the duration of the investigation.
  282         (11) TRANSPORTATION NETWORK COMPANY DRIVER REQUIREMENTS.—
  283         (a) Before an individual is authorized to accept a ride
  284  request through a digital network:
  285         1. The individual must submit an application to the TNC
  286  which includes information regarding his or her address, age,
  287  driver license, motor vehicle registration, and other
  288  information required by the TNC;
  289         2. The TNC must conduct, or have a third party conduct, a
  290  local and national criminal background check that includes:
  291         a. A search of the Multi-State/Multi-Jurisdiction Criminal
  292  Records Locator or other similar commercial nationwide database
  293  with validation of any records through primary source search;
  294  and
  295         b. A search of the National Sex Offender Public Website
  296  maintained by the United States Department of Justice; and
  297         3. The TNC must obtain and review, or have a third party
  298  obtain and review, a driving history research report for the
  299  applicant.
  300         (b) The TNC shall conduct the background check required
  301  under paragraph (a) for a TNC driver every 3 years.
  302         (c) The TNC may not authorize an individual to act as a TNC
  303  driver on its digital network if the driving history research
  304  report conducted when the individual first seeks access to the
  305  digital network reveals that the individual has had more than
  306  three moving violations in the prior 3-year period.
  307         (d) The TNC may not authorize an individual to act as a TNC
  308  driver on its digital network if the background check conducted
  309  when the individual first seeks access to the digital network or
  310  any subsequent background check required under paragraph (b)
  311  reveals that the individual:
  312         1. Has been convicted, within the past 5 years, of:
  313         a. A felony;
  314         b. A misdemeanor for driving under the influence of drugs
  315  or alcohol, for reckless driving, for hit and run, or for
  316  fleeing or attempting to elude a law enforcement officer; or
  317         c. A misdemeanor for a violent offense or sexual battery,
  318  or a crime of lewdness or indecent exposure under chapter 800;
  319         2. Has been convicted, within the past 3 years, of driving
  320  with a suspended or revoked license;
  321         3. Is a match in the National Sex Offender Public Website
  322  maintained by the United States Department of Justice;
  323         4. Does not possess a valid driver license; or
  324         5. Does not possess proof of registration for the motor
  325  vehicle used to provide prearranged rides.
  326         (e) No more often than once every 2 years, the Department
  327  of Financial Services shall direct a TNC to submit to the
  328  department an agreed-upon procedures report prepared by an
  329  independent certified public accountant for the sole purpose of
  330  verifying that the TNC is in compliance with this subsection.
  331  The report must be prepared in accordance with applicable
  332  attestation standards established by the American Institute of
  333  Certified Public Accountants. The TNC shall bear all costs
  334  associated with the preparation and submission of the report.
  335         (f) Upon receipt of the report pursuant to paragraph (e),
  336  the Department of Financial Services may impose a fine of up to
  337  $250 for each violation of this subsection identified in the
  338  report and $500 for each repeat violation. The department may
  339  also direct a TNC to address any noncompliance with this
  340  subsection identified in the report within a timeframe
  341  prescribed by the department. The department may, pursuant to
  342  the Florida Rules of Civil Procedure, seek injunctive relief
  343  against a TNC that fails to comply with the department’s
  344  direction under this paragraph and that poses an imminent threat
  345  to public safety as a result of such noncompliance. For purposes
  346  of this subsection, a repeat violation occurs when two
  347  consecutive reports prepared for a TNC reveal noncompliance with
  348  the same requirement.
  349         (g) Unless otherwise explicitly provided, this subsection
  350  does not extinguish any claim otherwise available under common
  351  law or any other statute.
  352         (12) PROHIBITED CONDUCT.—
  353         (a) A TNC driver may not accept a ride for compensation
  354  other than by a rider arranged through a digital network.
  355         (b) A TNC driver may not solicit or accept street hails.
  356         (13) NONDISCRIMINATION; ACCESSIBILITY.—
  357         (a) A TNC shall adopt a policy of nondiscrimination with
  358  respect to riders and potential riders and shall notify TNC
  359  drivers of such policy.
  360         (b) A TNC driver shall comply with the TNC’s
  361  nondiscrimination policy.
  362         (c) A TNC driver shall comply with all applicable laws
  363  regarding nondiscrimination against riders and potential riders.
  364         (d) A TNC driver shall comply with all applicable laws
  365  relating to accommodation of service animals.
  366         (e) A TNC may not impose additional charges for providing
  367  services to a person who has a physical disability because of
  368  the person’s disability.
  369         (f) A TNC that contracts with a governmental entity to
  370  provide paratransit services must comply with all applicable
  371  state and federal laws related to individuals with disabilities.
  372         (g) A TNC shall reevaluate any decision to remove a TNC
  373  driver’s authorization to access its digital network due to a
  374  low quality rating by riders if the TNC driver alleges that the
  375  low quality rating was because of a characteristic identified in
  376  the company’s nondiscrimination policy and there is a plausible
  377  basis for such allegation.
  378         (14) RECORDS.—A TNC shall maintain the following records:
  379         (a) Individual ride records for at least 1 year after the
  380  date on which each ride is provided; and
  381         (b) Individual records of TNC drivers for at least 1 year
  382  after the date on which the TNC driver’s relationship with the
  383  TNC ends.
  384         (15) PREEMPTION.—
  385         (a) It is the intent of the Legislature to provide for
  386  uniformity of laws governing TNCs, TNC drivers, and TNC vehicles
  387  throughout the state. TNCs, TNC drivers, and TNC vehicles are
  388  governed exclusively by state law, including in any locality or
  389  other jurisdiction that enacted a law or created rules governing
  390  TNCs, TNC drivers, or TNC vehicles before July 1, 2017. A
  391  county, municipality, special district, airport authority, port
  392  authority, or other local governmental entity or subdivision may
  393  not:
  394         1. Impose a tax on, or require a license for, a TNC, a TNC
  395  driver, or a TNC vehicle if such tax or license relates to
  396  providing prearranged rides;
  397         2. Subject a TNC, a TNC driver, or a TNC vehicle to any
  398  rate, entry, operation, or other requirement of the county,
  399  municipality, special district, airport authority, port
  400  authority, or other local governmental entity or subdivision; or
  401         3. Require a TNC or a TNC driver to obtain a business
  402  license or any other type of similar authorization to operate
  403  within the local governmental entity’s jurisdiction.
  404         (b) This subsection does not prohibit an airport or seaport
  405  from charging reasonable pickup fees consistent with any pickup
  406  fees charged to taxicab companies at that airport or seaport for
  407  their use of the airport’s or seaport’s facilities or prohibit
  408  the airport or seaport from designating locations for staging,
  409  pickup, and other similar operations at the airport or seaport.
  410         Section 2. This act shall take effect July 1, 2017.
  411  ================= T I T L E  A M E N D M E N T ================
  412  And the title is amended as follows:
  413         Delete everything before the enacting clause
  414  and insert:
  415                        A bill to be entitled                      
  416         An act relating to transportation network companies;
  417         creating s. 627.748, F.S.; defining terms; providing
  418         for construction; providing that a transportation
  419         network company (TNC) driver is not required to
  420         register certain vehicles as commercial motor vehicles
  421         or for-hire vehicles; requiring a TNC to designate and
  422         maintain an agent for service of process in this
  423         state; providing fare requirements; providing
  424         requirements for a TNC’s digital network; providing
  425         for an electronic receipt, subject to certain
  426         requirements; providing automobile insurance
  427         requirements for a TNC and a TNC driver; providing
  428         requirements for specified proof of coverage for a TNC
  429         driver under certain circumstances; providing certain
  430         disclosure requirements for a TNC driver in the event
  431         of an accident; requiring a TNC to cause its insurer
  432         to issue certain payments directly to certain parties;
  433         requiring a TNC to make specified disclosures in
  434         writing to TNC drivers under certain circumstances;
  435         authorizing specified insurers to exclude certain
  436         coverage, subject to certain limitations; providing
  437         that the right to exclude coverage applies to any
  438         coverage included in an automobile insurance policy;
  439         providing applicability; providing for construction;
  440         providing that specified automobile insurers have a
  441         right of contribution against other insurers that
  442         provide automobile insurance to the same TNC drivers
  443         in satisfaction of certain coverage requirements under
  444         certain circumstances; requiring a TNC to provide
  445         specified information upon request by certain parties
  446         during a claims coverage investigation; requiring
  447         certain insurers to disclose specified information
  448         upon request by any other insurer involved in the
  449         particular claim; providing that TNC drivers are
  450         independent contractors if specified conditions are
  451         met; requiring a TNC to implement a zero-tolerance
  452         policy for drug or alcohol use, subject to certain
  453         requirements; providing TNC driver requirements;
  454         requiring a TNC to conduct a certain background check
  455         for a TNC driver after a specified period; requiring
  456         the Department of Financial Services to direct a TNC
  457         to submit to the department an agreed-upon procedures
  458         report prepared by a certified public accountant,
  459         subject to certain restrictions and requirements;
  460         authorizing the department to impose specified fines
  461         for violations and repeat violations identified in the
  462         report; authorizing the department to direct a TNC to
  463         address noncompliance identified in the report within
  464         a timeframe prescribed by the department; authorizing
  465         injunctive relief under certain circumstances;
  466         specifying when a repeat violation occurs; providing
  467         applicability; prohibiting a TNC driver from accepting
  468         certain rides or soliciting or accepting street hails;
  469         requiring a TNC to adopt a policy of nondiscrimination
  470         with respect to riders and potential riders and to
  471         notify TNC drivers of such policy; requiring TNC
  472         drivers to comply with the nondiscrimination policy
  473         and certain applicable laws regarding
  474         nondiscrimination and accommodation of service
  475         animals; prohibiting a TNC from imposing additional
  476         charges for providing services to persons who have
  477         physical disabilities; requiring a TNC that contracts
  478         with a governmental entity to provide paratransit
  479         services to comply with certain state and federal
  480         laws; requiring a TNC to reevaluate a decision to
  481         remove a TNC driver’s authorization to access its
  482         digital network in certain instances; requiring a TNC
  483         to maintain specified records; providing legislative
  484         intent; specifying that TNCs, TNC drivers, and TNC
  485         vehicles are governed exclusively by state law;
  486         prohibiting local governmental entities and
  487         subdivisions from taking specified actions; providing
  488         applicability; providing an effective date.