Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-0270.01 Josh Schultz x5486
HOUSE BILL 24-1129
House Committees Senate Committees
Business Affairs & Labor
Appropriations
A BILL FOR AN ACT
C
ONCERNING PROTECTIONS FOR DRI VERS ENGAGED WITH DELIVERY101
NETWORK
COMPANIES, AND, IN CONNECTION THEREWITH,102
MAKING AN APPROPRIATION .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
.)
The bill requires a delivery network company (DNC) operating in
the state to provide various disclosures to its drivers and to consumers of
the DNC regarding payments that a consumer makes to the DNC and the
amount that the DNC then pays to a driver.
The bill also requires a DNC to provide specified disclosures to the
HOUSE
Amended 2nd Reading
April 20, 2024
HOUSE SPONSORSHIP
Vigil and Mabrey,
SENATE SPONSORSHIP
Hinrichsen,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. division of labor standards and statistics (division) in the department of
labor and employment regarding the DNC's operations in the state. The
division shall make this information available to the public.
The bill imposes specific requirements on the manner in which a
DNC may provide contracts to drivers and merchants.
The bill specifies how a DNC may deactivate a driver from the
DNC's digital platform, including:
! Requiring that a DNC disclose specified information about
the DNC's deactivation policy to drivers;
! Imposing requirements for how a DNC may amend the
DNC's deactivation policy; and
! Creating procedures for a deactivation reconsideration
meeting for administrative review of a driver's deactivation.
The division may adopt rules to provide reasonable safety and
health protections for drivers. The bill requires that, when a DNC
connects a consumer to a driver, the DNC prompt the consumer to
encourage the consumer to ensure driver safety upon arrival, including
ensuring a clear, well-lit, safe delivery path.
The bill requires that DNCs allow drivers at least 120 seconds to
decide to accept a delivery task offer.
The division may impose fines against a DNC for violations of the
bill. A consumer or driver aggrieved by a violation may file a civil suit
against the DNC that committed the violation.
The director of the division is required to adopt rules necessary to
implement the requirements of the bill by April 1, 2025.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 8-4-126 as2
follows:3
8-4-126. Cost and wage transparency from delivery network4
companies - notice requirements - deactivation requirements -5
enforcement - driver safety - task acceptance time - penalties -6
definitions - rules. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT7
OTHERWISE REQUIRES:8
(a) "CONSUMER" MEANS AN INDIVIDUAL WHO USES A DIGITAL9
PLATFORM TO ORDER DELIVERY SERVICES FROM A DELIVERY NETWORK10
COMPANY.11
1129-2- (b) "DEACTIVATE" OR "DEACTIVATION" MEANS CONDUCT THAT A1
DELIVERY NETWORK COMPANY ENGAGES IN TO MATERIALLY RESTRICT A2
DRIVER'S ACCESS TO THE DIGITAL PLATFORM FOR MORE THAN3
SEVENTY-TWO HOURS, INCLUDING BLOCKING A DRIVER'S ACCESS TO THE4
DIGITAL PLATFORM, SUSPENDING A DRIVER, OR CHANGING A DRIVER'S5
STATUS FROM ELIGIBLE TO INELIGIBLE TO PROVIDE DELIVERY SERVICES6
THROUGH THE DELIVERY NETWORK COMPANY 'S DIGITAL PLATFORM.7
(c) (I) "DELIVERY NETWORK COMPANY" OR "DNC" MEANS ANY8
PERSON THAT SELLS THE DELIVERY OF GOODS OR SERVICES, INCLUDING9
DELIVERY PROVIDED AS PART OF THE SALE OF GOODS , IN THE STATE AND10
THAT ENGAGES OR DISPATCHES DELIVERY DRIVERS THROUGH A DIGITAL11
PLATFORM.12
(II) "DELIVERY NETWORK COMPANY" OR "DNC" DOES NOT13
INCLUDE A MOTOR CARRIER OF TOWED MOTOR VEHICLES REGULATED BY14
THE PUBLIC UTILITIES COMMISSION PURSUANT TO PART 4 OF ARTICLE 10.115
OF TITLE 40 OR A MOTOR CARRIER OF HOUSEHOLD GOODS REGULATED BY16
THE PUBLIC UTILITIES COMMISSION PURSUANT TO PART 5 OF ARTICLE 10.117
OF TITLE 40.18
(d) "DELIVERY TASK" OR "TASK" MEANS THE TIME SPENT,19
DISTANCE TRAVELED, AND ROUTE FOLLOWED BY A DRIVER TO PROVIDE20
DELIVERY SERVICES TO A CONSUMER THROUGH A DELIVERY NETWORK21
COMPANY, INCLUDING TRAVELING TO A MERCHANT'S BUSINESS; PICKING22
UP FOOD, BEVERAGES, OR OTHER GOODS FOR DELIVERY; AND TAKING AND23
DEPOSITING THE DELIVERY AT A DIFFERENT LOCATION, AS REQUESTED. A24
DELIVERY TASK MAY ENCOMPASS MULTIPLE TRANSACTIONS .25
(e) "DIGITAL PLATFORM" MEANS AN ONLINE APPLICATION,26
INTERNET SITE, OR SYSTEM THAT A DELIVERY NETWORK COMPANY USES27
1129
-3- TO FACILITATE, MANAGE, OR FACILITATE AND MANAGE DELIVERY1
SERVICES.2
(f) "DRIVER" MEANS AN INDIVIDUAL PROVIDING DELIVERY3
SERVICES THROUGH A DELIVERY NETWORK COMPANY 'S DIGITAL PLATFORM4
IN A PERSONAL VEHICLE.5
(g) "IRS MILEAGE RATE" MEANS THE FEDERAL INTERNAL REVENUE6
SERVICE'S STANDARD MILEAGE RATE FOR BUSINESS USE .7
(h) "MERCHANT" MEANS A THIRD PARTY THAT SELLS GOODS OR8
SERVICES TO CONSUMERS THROUGH A DELIVERY NETWORK COMPANY .9
(i) "TIP" MEANS A GRATUITY THAT A CONSUMER :10
(I) INDICATES THROUGH A DIGITAL PLATFORM AS INTENDED FOR11
DIRECT PAYMENT TO THE DRIVER; OR12
(II) WOULD REASONABLY EXPECT TO BE PAID IN FULL TO THE13
DRIVER.14
(j) "TRANSACTION" MEANS AN ORDER THAT A CONSUMER MAKES15
USING A DELIVERY NETWORK COMPANY'S DIGITAL PLATFORM TO REQUEST16
THAT A DRIVER DELIVER FOOD, BEVERAGES, OR OTHER GOODS FROM A17
MERCHANT. A DRIVER MAY PICK UP GOODS RELATED TO MULTIPLE18
TRANSACTIONS AS PART OF A SINGLE DELIVERY TASK .19
(2) Consumer payments. (a) ON THE SAME SCREEN ON WHICH A20
DNC PROMPTS A CONSUMER TO LEAVE A TIP FOR A DRIVER, THE DNC21
SHALL DISCLOSE IN A MANNER PROMINENTLY DISPLAYED ON THE SCREEN22
THE AMOUNT OF MONEY THAT THE CONSUMER PAID OR WILL PAY FOR THE23
TRANSACTION.24
(b) A DNC SHALL NOT DECREASE THE AMOUNT THE DNC PAYS A25
DRIVER FOR A DELIVERY TASK BASED ON THE AMOUNT OF A CUSTOMER'S26
TIP FOR THAT DELIVERY TASK.27
1129
-4- (c) A DNC SHALL PAY A DRIVER ALL TIPS PAID BY A CONSUMER .1
(d) THE INFORMATION DISCLOSED TO CONSUMERS PURSUANT TO2
THIS SUBSECTION (2) MUST BE:3
(I) PROMINENTLY DISPLAYED ON THE SCREEN ;4
(II) IN A FONT THAT IS AT LEAST ONE AND ONE-HALF TIMES LARGER5
THAN THE FONT USED TO PRESENT ANY OTHER INFORMATION ON THE6
SCREEN; AND7
(III) PRESENTED USING DESIGN TECHNIQUES INTENDED TO DRAW8
THE EYE TO THE INFORMATION.9
(3) Wage transparency to driver. (a) EACH TIME A DNC OFFERS10
A DELIVERY TASK TO A DRIVER WHO IS COMPENSATED ON A11
PER-DELIVERY-TASK OR A PER-TRANSACTION BASIS, BUT NOT TO A DRIVER12
WHO IS COMPENSATED FOR A BLOCK OF TIME FOR MULTIPLE DELIVERIES, 13
BEFORE THE DRIVER ACCEPTS THE TASK, THE DNC SHALL DISCLOSE TO14
THE DRIVER THE FOLLOWING INFORMATION ON A SMARTPHONE OR SIMILAR15
SCREEN IN A CLEARLY LEGIBLE FORMAT :16
(I) THE ESTIMATED OR ACTUAL AMOUNT THE DRIVER WILL EARN17
FOR THE DELIVERY TASK, DISAGGREGATED TO SHOW THE FULL AND18
ACCURATE AMOUNT OF ANY TIP OR REIMBURSEMENT ;19
(II) THE NUMBER OF TRANSACTIONS INVOLVED IN THE DELIVERY20
TASK;21
(III) THE ADDRESS OR ADDRESSES WHERE THE FOOD, BEVERAGES,22
OR OTHER GOODS MUST BE PICKED UP ;23
(IV) THE CARDINAL AND INTERCARDINAL DIRECTION FROM WHERE24
THE DRIVER IS REQUIRED TO PICK UP THE FOOD, BEVERAGES, OR OTHER25
GOODS TO THE LOCATIONS WHERE THE FOOD, BEVERAGES, OR OTHER26
GOODS MUST BE DELIVERED;27
1129
-5- (V) THE ESTIMATED OR ACTUAL TIME THE DRIVER WILL SPEND ON1
THE DELIVERY TASK; AND2
(VI) THE ESTIMATED OR ACTUAL DISTANCE THE DRIVER WILL3
TRAVEL FOR THE DELIVERY TASK.4
(b) WITHIN TWENTY-FOUR HOURS AFTER A DRIVER COMPLETES A5
DELIVERY TASK FOR WHICH THE DRIVER WAS PAID ON A6
PER-DELIVERY-TASK OR A PER-TRANSACTION BASIS, OR AFTER SUCH A7
DELIVERY TASK IS CANCELLED, BUT NOT FOR A DRIVER WHO IS8
COMPENSATED FOR A BLOCK OF TIME FOR MULTIPLE DELIVERIES, A DNC9
MUST DISCLOSE TO THE DRIVER BY E-MAIL OR OTHER MECHANISM THAT10
REMAINS AVAILABLE TO THE DRIVER FOR AT LEAST ONE YEAR IN A11
CLEARLY LEGIBLE FORMAT:12
(I) THE ACTUAL AMOUNT THE DRIVER WAS PAID FOR THE DELIVERY13
TASK, DISAGGREGATED TO SHOW THE AMOUNT OF ANY TIP OR14
REIMBURSEMENT;15
(II) THE FULL AND ACCURATE AMOUNT OF ANY TIP PAID BY THE16
CONSUMER;17
(III) THE ACTUAL TIME THE DRIVER SPENT ON THE DELIVERY TASK ;18
(IV) THE ACTUAL DISTANCE THE DRIVER TRAVELED FOR THE19
DELIVERY TASK; AND20
(V) IF THE DELIVERY TASK OR A TRANSACTION WAS CANCELLED,21
WHO INITIATED THE CANCELLATION .22
(c) IF A DNC COMPENSATES A DRIVER FOR A BLOCK OF TIME FOR23
MULTIPLE DELIVERIES, THE DNC SHALL PROMINENTLY DISPLAY ON THE24
SCREEN, PRIOR TO THE DRIVER ACCEPTING THE BLOCK OF TIME, THE25
MINIMUM AMOUNT THE DNC WILL PAY THE DRIVER FOR COMPLETING26
DELIVERIES DURING THE SPECIFIED BLOCK OF TIME AND PROMINENTLY27
1129
-6- DISPLAY THE FOLLOWING INFORMATION ON THE SCREEN WHEN THE BLOCK1
OF TIME BEGINS:2
(I) THE TOTAL NUMBER OF DELIVERIES TO BE COMPLETED DURING3
THE SPECIFIED BLOCK OF TIME;4
(II) A REASONABLE ESTIMATE OF THE ENGAGED TIME REQUIRED TO5
COMPLETE ALL ASSIGNED DELIVERIES ;6
(III) THE RANGE OF TIME IN WHICH THE DELIVERIES CAN BE7
COMPLETED;8
(IV) A REASONABLE ESTIMATE OF THE NUMBER OF MILES9
REQUIRED TO COMPLETE ALL DELIVERIES ;10
(V) THE APPROXIMATE PICK-UP AND DROP-OFF LOCATIONS FOR11
ALL DELIVERIES; AND12
(VI) CLEAR INFORMATION ON WHICH DELIVERIES NEED TO BE13
COMPLETED WITHIN SPECIFIC TIME WINDOWS .14
(d) WITHIN TWENTY-FOUR HOURS AFTER A DRIVER COMPLETES A15
DELIVERY TASK FOR WHICH THE DRIVER WAS COMPENSATED FOR A BLOCK16
OF TIME, OR AFTER SUCH A DELIVERY TASK IS CANCELED , A DNC SHALL17
MAKE THE FOLLOWING DISCLOSURES TO THE DRIVER BY E-MAIL OR OTHER18
MECHANISM THAT REMAINS AVAILABLE TO THE DRIVER FOR AT LEAST ONE19
YEAR:20
(I) THE ACTUAL AMOUNT THE DRIVER WAS PAID FOR THE DELIVERY21
TASK, DISAGGREGATED TO SHOW THE AMOUNT OF ANY TIP OR22
REIMBURSEMENT;23
(II) THE FULL AND ACCURATE AMOUNT OF ANY TIP PAID BY THE24
CONSUMER;25
(III) THE ACTUAL TIME THE DRIVER SPENT ON THE DELIVERY TASK;26
(IV) THE ACTUAL DISTANCE THE DRIVER TRAVELED FOR THE27
1129
-7- DELIVERY TASK; AND1
(V) IF THE DELIVERY TASK OR A TRANSACTION WAS CANCELLED,2
WHO INITIATED THE CANCELLATION .3
(e) (I) A DNC SHALL:4
(A) WITHIN THIRTY DAYS AFTER THE END OF EACH CALENDAR5
QUARTER, PROVIDE TO EACH DRIVER, BY E-MAIL OR THROUGH THE DIGITAL6
PLATFORM, A DISCLOSURE IDENTIFYING AT LEAST THE TOTAL NUMBER OF7
MILES TRAVELED TO COMPLETE EACH DELIVERY TASK THROUGH THE DNC8
DURING THE CALENDAR QUARTER AND THE IRS MILEAGE RATE9
APPLICABLE FOR THE CALENDAR QUARTER ; OR10
(B) WITHIN THIRTY DAYS AFTER THE END OF EACH CALENDAR11
MONTH, PROVIDE TO EACH DRIVER, BY E-MAIL OR THROUGH THE DIGITAL12
PLATFORM, A DISCLOSURE IDENTIFYING AT LEAST THE TOTAL NUMBER OF13
MILES TRAVELED TO COMPLETE EACH DELIVERY TASK THROUGH THE DNC14
DURING THE CALENDAR MONTH AND THE IRS MILEAGE RATE APPLICABLE15
FOR THE CALENDAR MONTH .16
(II) FOR EACH DELIVERY TASK, THE DNC SHALL CALCULATE THE17
MILES TRAVELED TO COMPLETE A DELIVERY TASK AS ALL MILES TRAVELED18
FROM THE LOCATION WHERE THE DRIVER ACCEPTED A DELIVERY TASK TO19
THE LOCATION WHERE THE DRIVER DROPPED OFF THE LAST ITEM TO BE20
DELIVERED AS PART OF THAT DELIVERY TASK .21
(III) AS PART OF THE DISCLOSURES MADE PURSUANT TO22
SUBSECTION (3)(e)(I) OF THIS SECTION, THE DNC MAY INCLUDE A NOTICE23
THAT THIS DISCLOSURE IS NOT TAX ADVICE AND THAT THE DRIVER SHOULD24
CONTACT A TAX PROFESSIONAL .25
(f) THE INFORMATION DISCLOSED TO A DRIVER PURSUANT TO THIS26
SUBSECTION (3) MUST BE:27
1129
-8- (I) PROMINENTLY DISPLAYED ON THE SCREEN OR IN THE E -MAIL;1
(II) IN A FONT THAT IS AT LEAST ONE AND ONE-HALF TIMES LARGER2
THAN THE FONT USED TO PRESENT ANY OTHER INFORMATION ON THE3
SCREEN OR IN THE E-MAIL; AND4
(III) PRESENTED USING DESIGN TECHNIQUES INTENDED TO DRAW5
THE EYE TO THE INFORMATION.6
(4) Contract transparency - rules. (a) A DNC SHALL OFFER A7
DRIVER A CONTRACT OR CHANGES TO A CONTRACT ON THE DIGITAL8
PLATFORM AND BY E-MAIL.9
(b) A DNC SHALL INCLUDE IN A CONTRACT A TABLE OF CONTENTS10
DESCRIBING THE TERMS OR SECTIONS OF THE CONTRACT ON THE FIRST11
PAGE OF THE CONTRACT.12
(c) ALL MATERIAL TERMS OF A CONTRACT THE DNC OFFERS TO A13
DRIVER MUST BE DISCLOSED IN PLAIN LANGUAGE .14
(d) WHEN PROVIDING A NEW DRIVER WITH A CONTRACT, A DNC15
SHALL PROMINENTLY DISPLAY THE CONTRACT ON THE SCREEN AND E -MAIL16
THE CONTRACT AT THE TIME THE DRIVER APPLIES TO WORK FOR THE DNC.17
(e) WHEN A DNC CHANGES A CONTRACT OR ISSUES A NEW18
CONTRACT, THE DNC SHALL:19
(I) E-MAIL THE CONTRACT TO ALL DRIVERS ENGAGED ON THE20
DIGITAL PLATFORM AT LEAST FOURTEEN DAYS BEFORE THE CONTRACT21
BECOMES ENFORCEABLE ; AND22
(II) POST THE CONTRACT ONLINE, IN THE DIGITAL PLATFORM, OR23
IN ANOTHER LOCATION THAT IS AVAILABLE TO THE PUBLIC ON AN ONGOING24
BASIS FOR AT LEAST FOURTEEN DAYS BEFORE THE CONTRACT BECOMES25
ENFORCEABLE.26
(f) A DNC SHALL PROVIDE DRIVERS WITH CONTRACTS IN ENGLISH,27
1129
-9- SPANISH, ARABIC, AND UP TO THREE ADDITIONAL LANGUAGES COMMONLY1
SPOKEN BY DRIVERS IN THE STATE, AS DETERMINED BY THE DIRECTOR.2
(g) ONCE A DRIVER AGREES TO A CONTRACT WITH THE DNC, THE3
DNC SHALL E-MAIL THE CONTRACT TO THE DRIVER AND MAKE THE SIGNED4
CONTRACT CONTINUOUSLY AVAILABLE TO THE DRIVER ON THE DIGITAL5
PLATFORM.6
(5) Account deactivation transparency - deactivation challenge7
procedure - rules. (a) A DNC SHALL DEVELOP AND MAINTAIN AN8
ACCOUNT DEACTIVATION POLICY . THE POLICY MUST:9
(I) BE IN WRITING, WHICH MAY BE IN AN ELECTRONIC FORMAT ;10
(II) DEFINE WHAT CONSTITUTES A VIOLATION THAT MAY RESULT11
IN AN ACCOUNT DEACTIVATION AND BE SPECIFIC ENOUGH FOR A DRIVER TO12
REASONABLY UNDERSTAND WHAT CONSTITUTES A VIOLATION ;13
(III) BE PROVIDED TO THE DRIVER PRIOR TO THE DRIVER14
PROVIDING DELIVERY SERVICES THROUGH THE DNC'S DIGITAL PLATFORM;15
AND16
(IV) BE AVAILABLE TO THE DRIVER IN ENGLISH, SPANISH, ARABIC,17
AND UP TO THREE ADDITIONAL LANGUAGES COMMONLY SPOKEN BY DNC18
DRIVERS IN THE STATE, AS DETERMINED BY THE DIRECTOR.19
(b) A DNC SHALL PROVIDE THE ACCOUNT DEACTIVATION POLICY20
TO THE DIVISION IN ENGLISH, SPANISH, ARABIC, AND UP TO THREE21
ADDITIONAL LANGUAGES COMMONLY SPOKEN BY DRIVERS IN THE STATE,22
AS DETERMINED BY THE DIRECTOR. THE DIVISION SHALL POST THE DNC'S23
ACCOUNT DEACTIVATION POLICY AND ANY REVISIONS TO THE DNC'S24
ACCOUNT DEACTIVATION POLICY PUBLICLY ON THE DIVISION'S WEBSITE25
FOR AT LEAST THIRTY DAYS BEFORE THE DEACTIVATION POLICY BECOMES26
ENFORCEABLE.27
1129
-10- (c) A DNC SHALL NOT DEACTIVATE A DRIVER UNLESS THE1
DEACTIVATION IS CONSISTENT WITH THE DNC'S DEACTIVATION POLICY2
ADOPTED AND DISTRIBUTED IN ACCORDANCE WITH THIS SUBSECTION (5).3
(d) A DNC SHALL PROVIDE A DRIVER WITH WRITTEN NOTICE OF AN4
ACCOUNT DEACTIVATION IN AN ELECTRONIC FORMAT VIA E-MAIL, TEXT5
MESSAGE, OR THROUGH THE DNC'S DIGITAL PLATFORM UPON THE6
EFFECTIVE DATE OF THE DEACTIVATION . A NOTICE REQUIRED BY THIS7
SECTION MUST INCLUDE THE FOLLOWING INFORMATION :8
(I) SUFFICIENT INFORMATION FOR THE DRIVER TO REASONABLY9
UNDERSTAND THE REASONS FOR THE ACCOUNT DEACTIVATION , INCLUDING10
THE PROVISION OF THE DNC'S ACCOUNT DEACTIVATION POLICY THAT WAS11
VIOLATED;12
(II) THE EFFECTIVE DATE OF THE ACCOUNT DEACTIVATION ;13
(III) A DESCRIPTION OF THE STEPS, IF ANY, THE DRIVER CAN TAKE14
TO REMEDY THE VIOLATION; AND15
(IV) NOTIFICATION OF THE DRIVER'S RIGHT TO CHALLENGE THE16
ACCOUNT DEACTIVATION PURSUANT TO SUBSECTION (5)(e) OF THIS17
SECTION; AND18
(V) THE DNC'S PROCESS FOR CHALLENGING AN ACCOUNT19
DEACTIVATION OR A LINK TO A DESCRIPTION OF THAT PROCESS .20
(e) (I) A DRIVER HAS THE RIGHT TO CHALLENGE THE DRIVER 'S21
ACCOUNT DEACTIVATION THR OUGH AN INTERNAL ACC OUNT22
DEACTIVATION CHALLENGE PROCEDURE ESTABLISHED BY THE DNC.23
(II) A DNC SHALL CREATE AN INTERNAL ACCOUNT DEACTIVATION24
CHALLENGE PROCEDURE THAT MUST BE MADE AVAILABLE TO THE DRIVER25
IMMEDIATELY UPON NOTICE OF THE DRIVER 'S ACCOUNT DEACTIVATION26
AND FOR UP TO THIRTY DAYS AFTER THE DATE OF THE DEACTIVATION27
1129
-11- NOTICE.1
(III) A DNC SHALL PROVIDE THE DNC'S INTERNAL ACCOUNT2
DEACTIVATION CHALLENGE PROCEDURE TO THE DRIVER ALONG WITH THE3
DEACTIVATION NOTICE PROVIDED PURSUANT TO SUBSECTION (5)(d) OF4
THIS SECTION IN A FORMAT THAT IS READILY ACCESSIBLE TO THE DRIVER.5
(IV) A DNC SHALL REVIEW AND RESPOND TO A DRIVER'S6
CHALLENGE TO AN ACCOUNT DEACTIVATION WITHIN FOURTEEN DAYS7
AFTER RECEIVING THE CHALLENGE. A DNC'S RESPONSE TO A DRIVER'S8
CHALLENGE TO AN ACCOUNT DEACTIVATION MUST INCLUDE A WRITTEN9
STATEMENT, WHICH MAY BE IN AN ELECTRONIC FORMAT, PROVIDING ONE10
OF THE FOLLOWING:11
(A) A DETERMINATION REAFFIRMING THE ACCOUNT12
DEACTIVATION, INCLUDING A DESCRIPTION OF THE STEPS, IF ANY, THE13
DRIVER CAN TAKE TO REMEDY THE VIOLATION, AND A SUMMARY OF THE14
REASONS THAT THE ACCOUNT DEACTIVATION IS REAFFIRMED ;15
(B) ANY CIRCUMSTANCES NECESSITATING A DELAYED TIMELINE16
FOR THE DNC'S RESPONSE AND AN ANTICIPATED DATE FOR A RESPONSE17
EITHER REAFFIRMING THE ACCOUNT DEACTIVATION OR REINSTATING THE18
DRIVER; OR19
(C) A DETERMINATION THAT THE DRIVER DID NOT VIOLATE THE20
DNC'S ACCOUNT DEACTIVATION POLICY AND INFORMATION REGARDING21
WHEN THE DRIVER'S ACCESS TO THE DIGITAL PLATFORM WILL BE22
REINSTATED.23
(V) FOLLOWING THE CONCLUSION OF THE INTERNAL ACCOUNT24
DEACTIVATION CHALLENGE PROCEDURE, THE DNC MUST REINSTATE THE25
DRIVER'S ACCESS TO THE DIGITAL PLATFORM IF THE DNC DETERMINES26
THAT THE DRIVER DID NOT VIOLATE THE DNC'S ACCOUNT DEACTIVATION27
1129
-12- POLICY OR THAT THE DRIVER CORRECTED ANY VIOLATION. THE DNC MUST1
REINSTATE THE DRIVER'S ACCESS AS SOON AS POSSIBLE AND NO LATER2
THAN SEVENTY-TWO HOURS FOLLOWING THE DNC PROVIDING THE3
WRITTEN STATEMENT PURSUANT TO SUBSECTION (5)(e)(IV) OF THIS4
SECTION.5
(f) THIS SUBSECTION (5) SHALL NOT BE INTERPRETED TO REQUIRE6
A DNC TO PROVIDE A DRIVER WITH ANY INFORMATION THAT A DNC7
REASONABLY BELIEVES COULD COMPROMISE THE SAFETY OR PRIVACY OF8
A CONSUMER.9
(6) Driver safety. EACH TIME A DNC CONNECTS A CONSUMER TO10
A DRIVER, THE DNC SHALL PROMPT THE CONSUMER AS A MEANS TO11
ENCOURAGE THE CONSUMER TO ENSURE DRIVER SAFETY UPON ARRIVAL,12
INCLUDING BY ENSURING A CLEAR, WELL-LIT, SAFE DELIVERY PATH AND13
ENSURING ALL PETS ARE PROPERLY SECURED .14
(7) Task acceptance time. (a) A DNC SHALL ENSURE ALL15
DRIVERS HAVE AT LEAST SIXTY SECONDS AFTER A DELIVERY TASK OFFER16
IS DISPLAYED ON THE DRIVER 'S SMARTPHONE OR SIMILAR SCREEN TO17
DECIDE WHETHER OR NOT TO ACCEPT THE OFFER .18
(b) TO ENSURE ALL DRIVERS HAVE THE FULL AMOUNT OF TIME TO19
DECIDE WHETHER TO ACCEPT A DELIVERY TASK OFFER PURSUANT TO20
SUBSECTION (8)(a) OF THIS SECTION, A DNC SHALL NOT PENALIZE OR21
RETALIATE AGAINST A DRIVER FOR A FAILURE TO RESPOND TO A DELIVERY22
TASK OFFER IN A PERIOD OF LESS THAN SIXTY SECONDS AFTER DISPLAYING23
THE OFFER ON THE DRIVER'S SMARTPHONE OR SIMILAR SCREEN, AND A24
DNC SHALL NOT REQUIRE OR ENCOURAGE THE DRIVER TO RESPOND TO A25
DELIVERY TASK OFFER IN A PERIOD OF LESS THAN SIXTY SECONDS AFTER26
DISPLAYING THE OFFER ON THE DRIVER'S SMARTPHONE OR SIMILAR27
1129
-13- SCREEN.1
(8) Penalties, fines, and enforcement. (a) IF A DNC VIOLATES2
THIS SECTION, THE DNC MAY BE SUBJECT TO:3
(I) STATUTORY DAMAGES IN THE AMOUNT OF ONE THOUSAND4
DOLLARS, AS DETERMINED BY A COURT , IN A CIVIL ACTION BROUGHT5
PURSUANT TO SUBSECTION (8)(d) OF THIS SECTION ON A PER-CONSUMER6
OR A PER-DRIVER BASIS, WHICH AMOUNT THE DNC SHALL PAY TO THE7
CONSUMER OR DRIVER AFFECTED BY THE VIOLATION ;8
(II) A FINE OF ONE HUNDRED DOLLARS PER VIOLATION, AS9
DETERMINED BY THE DIRECTOR ON A PER-CONSUMER OR A PER-DRIVER10
BASIS, WHICH AMOUNT THE DNC SHALL PAY TO THE DIVISION; AND11
(III) INJUNCTIVE RELIEF PURSUANT TO SUBSECTION (8)(d)(II) OF12
THIS SECTION.13
(b) THE DIVISION MAY INVESTIGATE ALLEGED VIOLATIONS IN14
RESPONSE TO COMPLAINTS FILED OR AT THE DIVISION 'S DISCRETION.15
(c) THE DIRECTOR SHALL ESTABLISH PROCEDURES FOR DRIVERS16
AND CONSUMERS TO SUBMIT COMPLAINTS TO THE DIVISION AND FOR THE17
DIVISION'S INVESTIGATIONS, HEARINGS, AND IMPOSITION OF FINES18
PURSUANT TO THIS SUBSECTION (8).19
(d) (I) A PERSON AGGRIEVED BY A DNC'S VIOLATION OF THIS20
SECTION MAY FILE A CIVIL ACTION AGAINST THE DNC IN THE DISTRICT21
COURT WHERE:22
(A) THE PERSON RESIDES;23
(B) THE VIOLATION OCCURRED; OR24
(C) THE DNC HAS A PHYSICAL PLACE OF BUSINESS IN THE STATE.25
(II) THE PERSON FILING THE CIVIL ACTION MAY SEEK:26
(A) INJUNCTIVE RELIEF FROM THE DISTRICT COURT TO COMPEL A27
1129
-14- DNC TO COMPLY WITH THIS SECTION;1
(B) STATUTORY DAMAGES AS SPECIFIED IN SUBSECTION (8)(a)(I)2
OF THIS SECTION; AND3
(C) ANY ACTUAL DAMAGES SUSTAINED AS A RESULT OF THE4
VIOLATION.5
(e) THE DIRECTOR SHALL TRANSFER THE FINES COLLECTED6
PURSUANT TO SUBSECTION (8)(a)(II) OF THIS SECTION TO THE GENERAL7
FUND.8
(9) A DNC NEED NOT COMPLY WITH THE PROVISIONS OF THIS9
SECTION WITH RESPECT TO DRIVERS OR DELIVERY TASKS PERFORMED BY10
DRIVERS WHO ANNUALLY RECEIVE OR WILL RECEIVE A FEDERAL FORM W-211
FROM THE DNC REFLECTING ALL AMOUNTS EARNED BY THE DRIVER WHILE12
PERFORMING SERVICES DISPATCHED OR FACILITATED THROUGH THE DNC'S13
DIGITAL PLATFORM.14
(10) Rules. THE DIRECTOR SHALL ADOPT RULES NECESSARY TO15
IMPLEMENT THIS SECTION.16
SECTION 2. Appropriation. For the 2024-25 state fiscal year,17
$163,409 is appropriated to the department of labor and employment for18
use by the division of labor standards and statistics. This appropriation is19
from the general fund and is based on an assumption the division will20
require an additional 1.6 FTE. To implement this act, the division may21
use this appropriation for program costs related to labor standards.22
SECTION 3. Act subject to petition - effective date -23
applicability. (1) Except as specified in subsection (2) of this section,24
this act takes effect at 12:01 a.m. on the day following the expiration of25
the ninety-day period after final adjournment of the general assembly;26
except that, if a referendum petition is filed pursuant to section 1 (3) of27
1129
-15- article V of the state constitution against this act or an item, section, or1
part of this act within such period, then the act, item, section, or part will2
not take effect unless approved by the people at the general election to be3
held in November 2024 and, in such case, will take effect on the date of4
the official declaration of the vote thereon by the governor.5
(2) Section 8-4-126 (8)(a), (8)(b), and (8)(c), Colorado Revised6
Statutes, as enacted in section 1 of this act, takes effect January 1, 2025.7
(3) This act applies to contracts executed or renewed on or after8
the applicable effective dates of this act.9
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