Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0894.01 Jery Payne x2157
SENATE BILL 22-144
Senate Committees House Committees
Transportation & Energy State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING THE PROVISION OF T RANSPORTATION SERVICES BY A101
TRANSPORTATION NETWORK CO MPANY NOT IN CONNECTION102
WITH A BUSINESS OPERATED FOR PROFIT .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law regulates transportation network companies, which are
commonly known as ridesharing companies, and the services they
provide. Current law exempts services provided under a contract between
a ridesharing company and a school, a school district, the federal
government, a state, a political subdivision of a state, or a tax-exempt
HOUSE
Amended 2nd Reading
April 27, 2022
HOUSE
Amended 2nd Reading
April 27, 2022
SENATE
Amended 3rd Reading
March 17, 2022
SENATE
Amended 2nd Reading
March 16, 2022
SENATE SPONSORSHIP
Zenzinger, Cooke, Coram, Gardner, Ginal, Hisey, Liston, Lundeen, Priola, Smallwood,
Sonnenberg, Woodward
HOUSE SPONSORSHIP
Kipp and Rich,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. entity. The bill removes these exemptions, so that ridesharing companies
that contract with these entities will be regulated in the same manner as
other types of ridesharing companies and services.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 40-10.1-602, amend2
(6); and add (2.5) and (2.6) as follows:3
40-10.1-602. Definitions. As used in this part 6, unless the4
context otherwise requires:5
(2.5) "SCHOOL" MEANS A PUBLIC SCHOOL THAT ENROLLS6
STUDENTS IN ANY OF THE GRADES OF KINDERGARTEN THROUGH TWELFTH7
GRADE.8
(2.6) "STUDENT" MEANS AN INDIVIDUAL ENROLLED IN A SCHOOL.9
(6) (a) "Transportation network company services" or "services"10
means the provision of transportation by a driver to a rider with whom the11
driver is matched through a transportation network company.12
(b) The term "TRANSPORTATION NETWORK COMPANY SERVICES "13
OR "SERVICES" does not include services provided either directly by or14
under contract with USING VEHICLES OWNED OR LEASED BY a political15
subdivision or other entity exempt from federal income tax under section16
115 of the federal "Internal Revenue Code of 1986", as amended. 17
(c) "T
RANSPORTATION NETWORK COMPANY SERVICES " OR18
"
SERVICES" INCLUDES SERVICES
PROVIDED UNDER A CONTRACT BETWEEN19
A TRANSPORTATION NETWORK COMPANY AND A POLITICAL SUBDIVISION20
OR OTHER ENTITY EXEMPT FROM FEDERAL INCOME TAX UNDER SECTION21
115
OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED.22
SECTION 2. In Colorado Revised Statutes, 40-10.1-105, amend23
(1)(b) and (1)(j) as follows:24
144-2- 40-10.1-105. Transportation not subject to regulation. (1) The1
following types of transportation are not subject to regulation pursuant to2
this article 10.1:3
(b) The transportation of children to and from school,4
school-related activities, and school-sanctioned activities to the extent5
that such THE transportation is provided by VEHICLES OWNED OR6
DIRECTLY LEASED BY a school or school district or the school or school7
district's transportation contractors;
EXCEPT THAT THIS SUBSECTION (1)(b)8
DOES NOT APPLY TO TRANSPORTATION NETWORK COMPANY SERVICES9
PROVIDED UNDER A CONTRACT BETWEEN A TRANSPORTATION NETWORK10
COMPANY AND A SCHOOL OR SCHOOL DISTRICT ;11
(j) Transportation performed by the federal government, a state,12
or any agency or political subdivision of either, whether through an13
intergovernmental agreement, contractual arrangement, or otherwise;14
EXCEPT THAT THIS SUBSECTION (1)(j) DOES NOT APPLY TO15
TRANSPORTATION NETWORK COMPANY SERVICES PROVIDED UNDER A16
CONTRACT BETWEEN A TRANSPORTATION NETWORK COMPANY AND THE17
FEDERAL GOVERNMENT , A STATE, OR ANY AGENCY OR POLITICAL18
SUBDIVISION OF EITHER.19
SECTION 3. In Colorado Revised Statutes, 40-10.1-605, add
20
(1)(p), (1)(q), (1)(r), and (10) as follows:21
40-10.1-605. Operational requirements. (1) The following22
requirements apply to the provision of services:23
(p) A
TRANSPORTATION NETWORK COMPANY THAT , FOR
24
REMUNERATION FROM A SCHOOL OR SCHOOL DISTRICT , PROVIDES SERVICES25
FOR STUDENTS TO OR FROM A SCHOOL , SCHOOL-RELATED ACTIVITIES, OR26
SCHOOL-SANCTIONED ACTIVITIES SHALL ENTER INTO A CONTRACT WITH27
144
-3- THE APPROPRIATE SCHOOL OR SCHOOL DISTRICT THAT MAY INCLUDE1
SPECIFIC PROVISIONS FOR THE SA FETY OF STUDENT PASSENGERS , AS2
DETERMINED BY THE SCHOOL OR SCHOOL DISTRICT .3
(q) A TRANSPORTATION NETWORK COMPANY THAT , FOR4
REMUNERATION FROM A SCHOOL OR SC HOOL DISTRICT, PROVIDES SERVICES5
FOR STUDENTS TO OR FROM A SCHOOL, SCHOOL-RELATED ACTIVITIES, OR6
SCHOOL-SANCTIONED ACTIVITIES SHALL USE A TECHNOLOGY-ENABLED7
INTEGRATED SOLUTION THAT PROVIDES END-TO-END VISIBILITY INTO THE8
RIDE FOR THE TRANSPORTATION NETWORK COMPANY, THE STUDENT'S9
LEGAL GUARDIAN, AND THE PERSON THAT SCHEDULED THE RIDE. THIS10
SOLUTION MUST ALLOW FOR GLOBAL POSITIONING SYSTEM MONITORING11
OF THE RIDE IN REAL TIME FOR SAFETY-RELATED ANOMALIES.12
(r) A TRANSPORTATION NETWORK COMPANY THAT, FOR13
REMUNERATION FROM A SCHOOL OR SC HOOL DISTRICT, PROVIDES SERVICES14
FOR STUDENTS TO OR FROM A SCHOOL, SCHOOL-RELATED ACTIVITIES, OR15
SCHOOL-SANCTIONED ACTIVITIES SHALL ENSURE THAT EACH DRIVER16
PROVIDING THE SERVICE RECEIVES TRAINING IN MANDATORY REPORTING17
REQUIREMENTS, SAFE DRIVING PRACTICES , FIRST AID AND18
CARDIOPULMONARY RESUSCITATION , EDUCATION ON SPECIAL19
CONSIDERATIONS FOR TRANSPORTING STUDENTS WITH DISABILITIES,20
EMERGENCY PREPAREDNESS , AND SAFE PICK-UP AND DROP-OFF21
PROCEDURES.THE TRANSPORTATION NETWORK COMPANY, NOT THE22
DRIVER, SHALL PAY THE COST OF PROVIDING THE TRAINING. NO LATER23
THAN SEPTEMBER 1, 2022, THE COMMISSION SHALL, IN COORDINATION24
WITH THE DEPARTMENT OF EDUCATION , PROMULGATE RULES PROVIDING25
FOR THE APPROVAL OF THE TRAINING USED, AND THE TRANSPORTATION26
NETWORK COMPANY MUST HAVE THE TRAINING APPROVED BY THE27
144
-4- COMMISSION.1
(10) A TRANSPORTATION NETWORK COMPANY SHALL NOT USE A2
DRIVER TO PROVIDE SERVICES FOR STUDENTS TO OR FROM A SCHOOL ,3
SCHOOL-RELATED ACTIVITIES, OR SCHOOL-SANCTIONED ACTIVITIES FOR4
REMUNERATION FROM A SCHOOL OR SCHOOL DISTRICT IF THE DRIVER HAS5
BEEN CONVICTED OF OR PLED GUILTY OR NOLO CONTENDERE TO AN6
OFFENSE DESCRIBED IN SECTION 22-32-109.8 (6.5).7
SECTION 4. In Colorado Revised Statutes, 40-10.1-608, add (3)8
as follows:9
40-10.1-608. Rules. (3) (a) IN ADDITION TO ANY OTHER RULES10
AUTHORIZED IN THIS PART 6, THE COMMISSION SHALL COORDINATE WITH11
THE DEPARTMENT OF EDUCATION TO PROMULGATE RULES IMPLEMENTING12
MINIMUM SAFETY STANDARDS FOR TRANSPORTATION NETWORK13
COMPANIES, PERSONAL VEHICLES, AND TRANSPORTATION NETWORK14
COMPANY DRIVERS WHEN ENGAGING IN SERVICES PROVIDED UNDER A15
CONTRACT WITH A SCHOOL OR SCHOOL DISTRICT. THE COMMISSION SHALL16
PROMULGATE THE RULES BY SEPTEMBER 1, 2022.17
(b) AT LEAST ONCE EVERY THREE YEARS, THE COMMISSION SHALL,18
IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION, REVIEW AND,19
IF NECESSARY, UPDATE THE RULES PROMULGATED IN ACCORDANCE WITH20
THIS SUBSECTION (3) AS REASONABLY NECESSARY TO ENSURE SAFE21
STUDENT TRANSPORTATION .22
(c) NOTHING IN THIS SUBSECTION (3) PROHIBITS A SCHOOL OR23
SCHOOL DISTRICT FROM SETTING HIGHER STANDARDS FOR TRANSPORTING24
A STUDENT TO OR FROM A SCHOOL, SCHOOL-RELATED ACTIVITY, OR25
SCHOOL-SANCTIONED ACTIVITY.26
SECTION 5. In Colorado Revised Statutes, add 40-10.1-609 as27
144
-5- follows:1
40-10.1-609. Reporting requirements - rules. (1) A2
TRANSPORTATION NETWORK COMPANY SHALL , WITHIN A REASONABLE3
TIME AS DETERMINED BY RULES OF THE COMMISSION, NOTIFY THE4
COMMISSION OF ANY SAFETY OR SECURITY INCIDENTS THAT INVOLVE5
PROVIDING SERVICES FOR STUDENTS TO OR FROM A SCHOOL ,6
SCHOOL-RELATED ACTIVITIES, OR SCHOOL-SANCTIONED ACTIVITIES. THE7
TRANSPORTATION NETWORK COMPANY SHALL SEND THE SAME NOTICE TO8
EACH SCHOOL OR SCHOOL DISTRICT WITH WHICH THE TRANSPORTATION9
NETWORK COMPANY HAS ENTERED INTO A CONTRACT TO PROVIDE10
SERVICES TO STUDENTS TO OR FROM A SCHOOL, SCHOOL-RELATED11
ACTIVITIES, OR SCHOOL-SANCTIONED ACTIVITIES.12
(2) (a) BY SEPTEMBER 1, 2022, THE COMMISSION SHALL13
PROMULGATE RULES REQUIRING A TRANSPORTATION NETWORK COMPANY14
TO REPORT INFORMATION RELATED TO DRIVER BACKGROUND CHECKS ,15
INSURANCE COVERAGE, AND DATA REPORTING, CONSISTENT WITH THE16
TYPE OF SERVICE PROVIDED, AS IT RELATES TO SERVICE FOR STUDENTS. IN17
PROMULGATING THE RULES, THE COMMISSION SHALL COORDINATE WITH18
THE DEPARTMENT OF EDUCATION .19
(b) AT LEAST ONCE EVERY THREE YEARS , THE COMMISSION SHALL,20
IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION, REVIEW AND,21
IF NECESSARY, UPDATE THE RULES PROMULGATED IN ACCORDANCE WITH22
THIS SUBSECTION (2).23
SECTION 6. Safety clause. The general assembly hereby finds,24
determines, and declares that this act is necessary for the immediate25
preservation of the public peace, health, or safety.26
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-6-