SENATE BILL 22-144
BY SENATOR(S) Zenzinger, Cooke, Coram, Gardner, Ginal, Hisey,
Liston, Lundeen, Priola, Smallwood, Sonnenberg, Woodward;
also REPRESENTATIVE(S) Kipp and Rich, Bernett, Hooton, Ricks,
Valdez A.
C
ONCERNING THE PROVISION OF TRANSPORTATION SERVICES BY A
TRANSPORTATION NETWORK COMPANY NOT IN CONNECTION WITH A
BUSINESS OPERATED FOR PROFIT
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 40-10.1-602, amend
(6); and add (2.5) and (2.6) as follows:
40-10.1-602. Definitions. As used in this part 6, unless the context
otherwise requires:
(2.5) "S
CHOOL" MEANS A PUBLIC SCHOOL THAT ENROLLS STUDENTS
IN ANY OF THE GRADES OF KINDERGARTEN THROUGH TWELFTH GRADE
.
(2.6) "S
TUDENT" MEANS AN INDIVIDUAL ENROLLED IN A SCHOOL .
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (6) (a) "Transportation network company services" or "services"
means the provision of transportation by a driver to a rider with whom the
driver is matched through a transportation network company.
(b) The term
"TRANSPORTATION NETWORK COMPANY SERVICES " OR
"SERVICES" does not include services provided either directly by or under
contract with USING VEHICLES OWNED OR LEASED BY a political subdivision
or other entity exempt from federal income tax under section 115 of the
federal "Internal Revenue Code of 1986", as amended.
(c) "T
RANSPORTATION NETWORK COMPANY SERVICES " OR
"SERVICES" INCLUDES SERVICES PROVIDED UNDER A CONTRACT BETWEEN A
TRANSPORTATION NETWORK COMPANY AND A POLITICAL SUBDIVISION OR
OTHER ENTITY EXEMPT FROM FEDERAL INCOME TAX UNDER SECTION
115 OF
THE FEDERAL
"INTERNAL REVENUE CODE OF 1986", AS AMENDED.
SECTION 2. In Colorado Revised Statutes, 40-10.1-105, amend
(1)(b) and (1)(j) as follows:
40-10.1-105. Transportation not subject to regulation. (1) The
following types of transportation are not subject to regulation pursuant to
this article 10.1:
(b) The transportation of children to and from school, school-related
activities, and school-sanctioned activities to the extent that such
THE
transportation is provided by VEHICLES OWNED OR DIRECTLY LEASED BY a
school or school district or the school or school district's transportation
contractors;
EXCEPT THAT THIS SUBSECTION (1)(b) DOES NOT APPLY TO
TRANSPORTATION NETWORK COMPANY SERVICES PROVIDED UNDER A
CONTRACT BETWEEN A TRANSPORTATION NETWORK COMPANY AND A
SCHOOL OR SCHOOL DISTRICT
;
(j) Transportation performed by the federal government, a state, or
any agency or political subdivision of either, whether through an
intergovernmental agreement, contractual arrangement, or otherwise;
EXCEPT THAT THIS SUBSECTION (1)(j) DOES NOT APPLY TO TRANSPORTATION
NETWORK COMPANY SERVICES PROVIDED UNDER A CONTRACT BETWEEN A
TRANSPORTATION NETWORK COMPANY AND THE FEDERAL GOVERNMENT
, A
STATE
, OR ANY AGENCY OR POLITICAL SUBDIVISION OF EITHER .
PAGE 2-SENATE BILL 22-144 SECTION 3. In Colorado Revised Statutes, 40-10.1-605, add
(1)(p), (1)(q), (1)(r), and (10) as follows:
40-10.1-605. Operational requirements. (1) The following
requirements apply to the provision of services:
(p) A
TRANSPORTATION NETWORK COMPANY THAT , FOR
REMUNERATION FROM A SCHOOL OR SCHOOL DISTRICT
, PROVIDES SERVICES
FOR STUDENTS TO OR FROM A SCHOOL
, SCHOOL-RELATED ACTIVITIES, OR
SCHOOL
-SANCTIONED ACTIVITIES SHALL ENTER INTO A CONTRACT WITH THE
APPROPRIATE SCHOOL OR SCHOOL DISTRICT THAT MAY INCLUDE SPECIFIC
PROVISIONS FOR THE SAFETY OF STUDENT PASSENGERS
, AS DETERMINED BY
THE SCHOOL OR SCHOOL DISTRICT
.
(q) A
TRANSPORTATION NETWORK COMPANY THAT , FOR
REMUNERATION FROM A SCHOOL OR SCHOOL DISTRICT
, PROVIDES SERVICES
FOR STUDENTS TO OR FROM A SCHOOL
, SCHOOL-RELATED ACTIVITIES, OR
SCHOOL
-SANCTIONED ACTIVITIES SHALL USE A TECHNOLOGY -ENABLED
INTEGRATED SOLUTION THAT PROVIDES END
-TO-END VISIBILITY INTO THE
RIDE FOR THE TRANSPORTATION NETWORK COMPANY
, THE STUDENT'S LEGAL
GUARDIAN
, AND THE PERSON THAT SCHEDULED THE RIDE . THIS SOLUTION
MUST ALLOW FOR GLOBAL POSITIONING SYSTEM MONITORING OF THE RIDE
IN REAL TIME FOR SAFETY
-RELATED ANOMALIES.
(r) A
TRANSPORTATION NETWORK COMPANY THAT , FOR
REMUNERATION FROM A SCHOOL OR SCHOOL DISTRICT
, PROVIDES SERVICES
FOR STUDENTS TO OR FROM A SCHOOL
, SCHOOL-RELATED ACTIVITIES, OR
SCHOOL
-SANCTIONED ACTIVITIES SHALL ENSURE THAT EACH DRIVER
PROVIDING THE SERVICE RECEIVES TRAINING IN MANDATORY REPORTING
REQUIREMENTS
, SAFE DRIVING PRACTICES , FIRST AID AND
CARDIOPULMONARY RESUSCITATION
, EDUCATION ON SPECIAL
CONSIDERATIONS FOR TRANSPORTING STUDENTS WITH DISABILITIES
,
EMERGENCY PREPAREDNESS , AND SAFE PICK-UP AND DROP-OFF PROCEDURES.
T
HE TRANSPORTATION NETWORK COMPANY , NOT THE DRIVER, SHALL PAY
THE COST OF PROVIDING THE TRAINING
. NO LATER THAN SEPTEMBER 1,
2022,
THE COMMISSION SHALL, IN COORDINATION WITH THE DEPARTMENT OF
EDUCATION
, PROMULGATE RULES PROVIDING FOR THE APPROVAL OF THE
TRAINING USED
, AND THE TRANSPORTATION NETWORK COMPANY MUST HAVE
THE TRAINING APPROVED BY THE COMMISSION
.
PAGE 3-SENATE BILL 22-144 (10) A TRANSPORTATION NETWORK COMPANY SHALL NOT USE A
DRIVER TO PROVIDE SERVICES FOR STUDENTS TO OR FROM A SCHOOL
,
SCHOOL-RELATED ACTIVITIES, OR SCHOOL-SANCTIONED ACTIVITIES FOR
REMUNERATION FROM A SCHOOL OR SC HOOL DISTRICT IF THE DRIVER HAS
BEEN CONVICTED OF OR PLED GUILTY OR NOLO CONTENDERE TO AN OFFENSE
DESCRIBED IN SECTION
22-32-109.8 (6.5).
SECTION 4. In Colorado Revised Statutes, 40-10.1-608, add (3)
as follows:
40-10.1-608. Rules. (3) (a) I
N ADDITION TO ANY OTHER RULES
AUTHORIZED IN THIS PART
6, THE COMMISSION SHALL COORDINATE WITH THE
DEPARTMENT OF EDUCATION TO PROMULGATE RULES IMPLEMENTING
MINIMUM SAFETY STANDARDS FOR TRANSPORTATION NETWORK COMPANIES
,
PERSONAL VEHICLES, AND TRANSPORTATION NETWORK COMPANY DRIVERS
WHEN ENGAGING IN SERVICES PROVIDED UNDER A CONTRACT WITH A
SCHOOL OR SCHOOL DISTRICT
. THE COMMISSION SHALL PROMULGATE THE
RULES BY
SEPTEMBER 1, 2022.
(b) A
T LEAST ONCE EVERY THREE YEARS , THE COMMISSION SHALL,
IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION , REVIEW AND, IF
NECESSARY
, UPDATE THE RULES PROMULGATED IN ACCORDANCE WITH THIS
SUBSECTION
(3) AS REASONABLY NECESSARY TO ENSURE SAFE STUDENT
TRANSPORTATION
.
(c) N
OTHING IN THIS SUBSECTION (3) PROHIBITS A SCHOOL OR
SCHOOL DISTRICT FROM SETTING HIGHER STANDARDS FOR TRANSPORTING A
STUDENT TO OR FROM A SCHOOL
, SCHOOL-RELATED ACTIVITY, OR
SCHOOL
-SANCTIONED ACTIVITY.
SECTION 5. In Colorado Revised Statutes, add 40-10.1-609 as
follows:
40-10.1-609. Reporting requirements - rules. (1) A
TRANSPORTATION NETWORK COMPANY SHALL , WITHIN A REASONABLE TIME
AS DETERMINED BY RULES OF THE COMMISSION
, NOTIFY THE COMMISSION OF
ANY SAFETY OR SECURITY INCIDENTS THAT INVOLVE PROVIDING SERVICES
FOR STUDENTS TO OR FROM A SCHOOL
, SCHOOL-RELATED ACTIVITIES, OR
SCHOOL
-SANCTIONED ACTIVITIES. THE TRANSPORTATION NETWORK
COMPANY SHALL SEND THE SAME NOTICE TO EACH SCHOOL OR SC HOOL
PAGE 4-SENATE BILL 22-144 DISTRICT WITH WHICH THE TRANSPORTATION NETWORK COMPANY HAS
ENTERED INTO A CONTRACT TO PROVIDE SERVICES TO STUDENTS TO OR FROM
A SCHOOL
, SCHOOL-RELATED ACTIVITIES, OR SCHOOL-SANCTIONED
ACTIVITIES
.
(2) (a) B
Y SEPTEMBER 1, 2022, THE COMMISSION SHALL
PROMULGATE RULES REQUIRING A TRANSPORTATION NETWORK COMPANY TO
REPORT INFORMATION RELATED TO DRIVER BACKGROUND CHECKS
,
INSURANCE COVERAGE, AND DATA REPORTING, CONSISTENT WITH THE TYPE
OF SERVICE PROVIDED
, AS IT RELATES TO SERVICE FOR STUDENTS . IN
PROMULGATING THE RULES
, THE COMMISSION SHALL COORDINATE WITH THE
DEPARTMENT OF EDUCATION
.
(b) A
T LEAST ONCE EVERY THREE YEARS , THE COMMISSION SHALL,
IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION , REVIEW AND, IF
NECESSARY
, UPDATE THE RULES PROMULGATED IN ACCORDANCE WITH THIS
SUBSECTION
(2).
SECTION 6. Safety clause. The general assembly hereby finds,
PAGE 5-SENATE BILL 22-144 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-SENATE BILL 22-144