HOUSE BILL 24-1129
BY REPRESENTATIVE(S) Vigil and Mabrey, Bacon, Bird, Boesenecker,
Brown, Clifford, deGruy Kennedy, Duran, Epps, Froelich, Garcia, Hamrick,
Hernandez, Herod, Joseph, Kipp, Lieder, Lindsay, Lindstedt, Marvin, Ortiz,
Ricks, Rutinel, Sirota, Titone, Velasco, Amabile, English, Lukens,
McLachlan, Parenti, Weissman;
also SENATOR(S) Hinrichsen and Priola, Bridges, Buckner, Cutter, Exum,
Fields, Ginal, Gonzales, Jaquez Lewis, Kolker, Marchman,
Michaelson Jenet, Mullica, Rodriguez, Sullivan.
C
ONCERNING PROTECTIONS FOR DRIVERS ENGAGED WITH DELIVERY
NETWORK COMPANIES
, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 8-4-126 as
follows:
8-4-126. Cost and wage transparency from delivery network
companies - notice requirements - deactivation requirements -
enforcement - driver safety - task acceptance time - penalties -
definitions - rules. (1) Definitions. A
S USED IN THIS SECTION, UNLESS THE
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. CONTEXT OTHERWISE REQUIRES :
(a) "C
ONSUMER" MEANS AN INDIVIDUAL WHO USES A DIGITAL
PLATFORM TO ORDER DELIVERY SERVICES FROM A DELIVERY NETWORK
COMPANY
.
(b) "D
EACTIVATE" OR "DEACTIVATION" MEANS CONDUCT THAT A
DELIVERY NETWORK COMPANY ENGAGES IN TO MATERIALLY RESTRICT A
DRIVER
'S ACCESS TO THE DIGITAL PLATFORM FOR MORE THAN SEVENTY -TWO
HOURS
, INCLUDING BLOCKING A DRIVER 'S ACCESS TO THE DIGITAL
PLATFORM
, SUSPENDING A DRIVER, OR CHANGING A DRIVER'S STATUS FROM
ELIGIBLE TO INELIGIBLE TO PROVIDE DELIVERY SERVICES THROUGH THE
DELIVERY NETWORK COMPANY
'S DIGITAL PLATFORM.
(c) (I) "D
ELIVERY NETWORK COMPANY " OR "DNC" MEANS ANY
PERSON THAT SELLS THE DELIVERY OF GOODS OR SERVICES
, INCLUDING
DELIVERY PROVIDED AS PART OF THE SALE OF GOODS
, IN THE STATE AND
THAT ENGAGES OR DISPATCHES DELIVERY DRIVERS THROUGH A DIGITAL
PLATFORM
.
(II) "D
ELIVERY NETWORK COMPANY " OR "DNC" DOES NOT INCLUDE
A MOTOR CARRIER OF TOWED MOTOR VEHICLES REGULATED BY THE PUBLIC
UTILITIES COMMISSION PURSUANT TO PART
4 OF ARTICLE 10.1 OF TITLE 40 OR
A MOTOR CARRIER OF HOUSEHOLD GOODS REGULATED BY THE PUBLIC
UTILITIES COMMISSION PURSUANT TO PART
5 OF ARTICLE 10.1 OF TITLE 40.
(d) "D
ELIVERY TASK" OR "TASK" MEANS THE TIME SPENT, DISTANCE
TRAVELED
, AND ROUTE FOLLOWED BY A DRIVER TO PROVIDE DELIVERY
SERVICES TO A CONSUMER THROUGH A DELIVERY NETWORK COMPANY
,
INCLUDING TRAVELING TO A MERCHANT 'S BUSINESS; PICKING UP FOOD,
BEVERAGES, OR OTHER GOODS FOR DELIVERY; AND TAKING AND DEPOSITING
THE DELIVERY AT A DIFFERENT LOCATION
, AS REQUESTED. A DELIVERY TASK
MAY ENCOMPASS MULTIPLE TRANSACTIONS
.
(e) "D
IGITAL PLATFORM" MEANS AN ONLINE APPLICATION, INTERNET
SITE
, OR SYSTEM THAT A DELIVERY NETWORK COMPANY USES TO
FACILITATE
, MANAGE, OR FACILITATE AND MANAGE DELIVERY SERVICES .
(f) "D
RIVER" MEANS AN INDIVIDUAL PROVIDING DELIVERY SERVICES
THROUGH A DELIVERY NETWORK COMPANY
'S DIGITAL PLATFORM IN A
PAGE 2-HOUSE BILL 24-1129 PERSONAL VEHICLE.
(g) "IRS
MILEAGE RATE" MEANS THE FEDERAL INTERNAL REVENUE
SERVICE
'S STANDARD MILEAGE RATE FOR BUSINESS USE .
(h) "M
ERCHANT" MEANS A THIRD PARTY THAT SELLS GOODS OR
SERVICES TO CONSUMERS THROUGH A DELIVERY NETWORK COMPANY
.
(i) "T
IP" MEANS A GRATUITY THAT A CONSUMER :
(I) I
NDICATES THROUGH A DIGITAL PLATFORM AS INTENDED FOR
DIRECT PAYMENT TO THE DRIVER
; OR
(II) WOULD REASONABLY EXPECT TO BE PAID IN FULL TO THE
DRIVER
.
(j) "T
RANSACTION" MEANS AN ORDER THAT A CONSUMER MAKES
USING A DELIVERY NETWORK COMPANY
'S DIGITAL PLATFORM TO REQUEST
THAT A DRIVER DELIVER FOOD
, BEVERAGES, OR OTHER GOODS FROM A
MERCHANT
. A DRIVER MAY PICK UP GOODS RELATED TO MULTIPLE
TRANSACTIONS AS PART OF A SINGLE DELIVERY TASK
.
(2) Consumer payments. (a) O
N THE SAME SCREEN ON WHICH A
DNC PROMPTS A CONSUMER TO LEAVE A TIP FOR A DRIVER, THE DNC SHALL
DISCLOSE IN A MANNER PROMINENTLY DISPLAYED ON THE SCREEN THE
AMOUNT OF MONEY THAT THE CONSUMER PAID OR WILL PAY FOR THE
TRANSACTION
.
(b) A
DNC SHALL NOT DECREASE THE AMOUNT THE DNC PAYS A
DRIVER FOR A DELIVERY TASK BASED ON THE AMOUNT OF A CUSTOMER
'S TIP
FOR THAT DELIVERY TASK
.
(c) A
DNC SHALL PAY A DRIVER ALL TIPS PAID BY A CONSUMER .
(d) T
HE INFORMATION DISCLOSED TO CONSUMERS PURSUANT TO THIS
SUBSECTION
(2) MUST BE:
(I) P
ROMINENTLY DISPLAYED ON THE SCREEN ;
(II) I
N A FONT THAT IS AT LEAST ONE AND ONE-HALF TIMES LARGER
PAGE 3-HOUSE BILL 24-1129 THAN THE FONT USED TO PRESENT ANY OTHER INFORMATION ON THE
SCREEN
; AND
(III) PRESENTED USING DESIGN TECHNIQUES INTENDED TO DRAW THE
EYE TO THE INFORMATION
.
(3) Wage transparency to driver. (a) E
ACH TIME A DNC OFFERS
A DELIVERY TASK TO A DRIVER WHO IS COMPENSATED ON A
PER
-DELIVERY-TASK OR A PER-TRANSACTION BASIS, BUT NOT TO A DRIVER
WHO IS COMPENSATED FOR A BLOCK OF TIME FOR MULTIPLE DELIVERIES
,
BEFORE THE DRIVER ACCEPTS THE TASK , THE DNC SHALL DISCLOSE TO THE
DRIVER THE FOLLOWING INFORMATION ON A SMARTPHONE OR SIMILAR
SCREEN IN A CLEARLY LEGIBLE FORMAT
:
(I) T
HE ESTIMATED OR ACTUAL AMOUNT THE DRIVER WILL EARN FOR
THE DELIVERY TASK
, DISAGGREGATED TO SHOW THE FULL AND ACCURATE
AMOUNT OF ANY TIP OR REIMBURSEMENT
;
(II) T
HE NUMBER OF TRANSACTIONS INVOLVED IN THE DELIVERY
TASK
;
(III) T
HE ADDRESS OR ADDRESSES WHERE THE FOOD , BEVERAGES, OR
OTHER GOODS MUST BE PICKED UP
;
(IV) T
HE CARDINAL AND INTERCARDINAL DIRECTION FROM WHERE
THE DRIVER IS REQUIRED TO PICK UP THE FOOD
, BEVERAGES, OR OTHER
GOODS TO THE LOCATIONS WHERE THE FOOD
, BEVERAGES, OR OTHER GOODS
MUST BE DELIVERED
;
(V) T
HE ESTIMATED OR ACTUAL TIME THE DRIVER WILL SPEND ON
THE DELIVERY TASK
; AND
(VI) THE ESTIMATED OR ACTUAL DISTANCE THE DRIVER WILL
TRAVEL FOR THE DELIVERY TASK
.
(b) W
ITHIN TWENTY-FOUR HOURS AFTER A DRIVER COMPLETES A
DELIVERY TASK FOR WHICH THE DRIVER WAS PAID ON A PER
-DELIVERY-TASK
OR A PER
-TRANSACTION BASIS, OR AFTER SUCH A DELIVERY TASK IS
CANCELLED
, BUT NOT FOR A DRIVER WHO IS COMPENSATED FOR A BLOCK OF
TIME FOR MULTIPLE DELIVERIES
, A DNC MUST DISCLOSE TO THE DRIVER BY
PAGE 4-HOUSE BILL 24-1129 E-MAIL OR OTHER MECHANISM THAT REMAINS AVAILABLE TO THE DRIVER
FOR AT LEAST ONE YEAR IN A CLEARLY LEGIBLE FORMAT
:
(I) T
HE ACTUAL AMOUNT THE DRIVER WAS PAID FOR THE DELIVERY
TASK
, DISAGGREGATED TO SHOW THE AMOUNT OF ANY TIP OR
REIMBURSEMENT
;
(II) T
HE FULL AND ACCURATE AMOUNT OF ANY TIP PAID BY THE
CONSUMER
;
(III) T
HE ACTUAL TIME THE DRIVER SPENT ON THE DELIVERY TASK ;
(IV) T
HE ACTUAL DISTANCE THE DRIVER TRAVELED FOR THE
DELIVERY TASK
; AND
(V) IF THE DELIVERY TASK OR A TRANSACTION WAS CANCELLED ,
WHO INITIATED THE CANCELLATION .
(c) I
F A DNC COMPENSATES A DRIVER FOR A BLOCK OF TIME FOR
MULTIPLE DELIVERIES
, THE DNC SHALL PROMINENTLY DISPLAY ON THE
SCREEN
, PRIOR TO THE DRIVER ACCEPTING THE BLOCK OF TIME , THE
MINIMUM AMOUNT THE
DNC WILL PAY THE DRIVER FOR COMPLETING
DELIVERIES DURING THE SPECIFIED BLOCK OF TIME AND THE ADDRESS WHERE
THE FOOD
, BEVERAGES, OR OTHER GOODS MUST BE PICKED UP , AND
PROMINENTLY DISPLAY THE FOLLOWING INFORMATION ON THE SCREEN WHEN
THE BLOCK OF TIME BEGINS
:
(I) T
HE TOTAL NUMBER OF DELIVERIES TO BE COMPLETED DURING
THE SPECIFIED BLOCK OF TIME
;
(II) A
REASONABLE ESTIMATE OF THE ENGAGED TIME REQUIRED TO
COMPLETE ALL ASSIGNED DELIVERIES
;
(III) T
HE RANGE OF TIME IN WHICH THE DELIVERIES CAN BE
COMPLETED
;
(IV) A
REASONABLE ESTIMATE OF THE NUMBER OF MILES REQUIRED
TO COMPLETE ALL DELIVERIES
;
(V) T
HE APPROXIMATE PICK-UP AND DROP-OFF LOCATIONS FOR ALL
PAGE 5-HOUSE BILL 24-1129 DELIVERIES; AND
(VI) CLEAR INFORMATION ON WHICH DELIVERIES NEED TO BE
COMPLETED WITHIN SPECIFIC TIME WINDOWS
.
(d) W
ITHIN TWENTY-FOUR HOURS AFTER A DRIVER COMPLETES A
DELIVERY TASK FOR WHICH THE DRIVER WAS COMPENSATED FOR A BLOCK OF
TIME
, OR AFTER SUCH A DELIVERY TASK IS CANCELED , A DNC SHALL MAKE
THE FOLLOWING DISCLOSURES TO THE DRIVER BY E
-MAIL OR OTHER
MECHANISM THAT REMAINS AVAILABLE TO THE DRIVER FOR AT LEAST ONE
YEAR
:
(I) T
HE ACTUAL AMOUNT THE DRIVER WAS PAID FOR THE DELIVERY
TASK
, DISAGGREGATED TO SHOW THE AMOUNT OF ANY TIP OR
REIMBURSEMENT
;
(II) T
HE FULL AND ACCURATE AMOUNT OF ANY TIP PAID BY THE
CONSUMER
;
(III) T
HE ACTUAL TIME THE DRIVER SPENT ON THE DELIVERY TASK ;
(IV) T
HE ACTUAL DISTANCE THE DRIVER TRAVELED FOR THE
DELIVERY TASK
; AND
(V) IF THE DELIVERY TASK OR A TRANSACTION WAS CANCELLED ,
WHO INITIATED THE CANCELLATION .
(e) (I) A
DNC SHALL:
(A) W
ITHIN THIRTY DAYS AFTER THE END OF EACH CALENDAR
QUARTER
, PROVIDE TO EACH DRIVER, BY E-MAIL OR THROUGH THE DIGITAL
PLATFORM
, A DISCLOSURE IDENTIFYING AT LEAST THE TOTAL NUMBER OF
MILES TRAVELED TO COMPLETE EACH DELIVERY TASK THROUGH THE
DNC
DURING THE CALENDAR QUARTER AND THE IRS MILEAGE RATE APPLICABLE
FOR THE CALENDAR QUARTER
; OR
(B) WITHIN THIRTY DAYS AFTER THE END OF EACH CALENDAR
MONTH
, PROVIDE TO EACH DRIVER, BY E-MAIL OR THROUGH THE DIGITAL
PLATFORM
, A DISCLOSURE IDENTIFYING AT LEAST THE TOTAL NUMBER OF
MILES TRAVELED TO COMPLETE EACH DELIVERY TASK THROUGH THE
DNC
PAGE 6-HOUSE BILL 24-1129 DURING THE CALENDAR MONTH AND THE IRS MILEAGE RATE APPLICABLE
FOR THE CALENDAR MONTH
.
(II) F
OR EACH DELIVERY TASK FOR WHICH THE DRIVER WAS PAID ON
A PER
-DELIVERY-TASK OR A PER-TRANSACTION BASIS, BUT NOT FOR A
DRIVER WHO IS COMPENSATED FOR A BLOCK OF TIME FOR MULTIPLE
DELIVERIES
, THE DNC SHALL CALCULATE THE MILES TRAVELED TO
COMPLETE A DELIVERY TASK AS ALL MILES TRAVELED FROM THE LOCATION
WHERE THE DRIVER ACCEPTED A DELIVERY TASK TO THE LOCATION WHERE
THE DRIVER DROPPED OFF THE LAST ITEM TO BE DELIVERED AS PART OF THAT
DELIVERY TASK
.
(III) (A) F
OR EACH DELIVERY TASK THAT IS COMPENSATED IN A
BLOCK OF TIME FOR MULTIPLE DELIVERIES
, THE DNC SHALL CALCULATE THE
MILES TRAVELED TO COMPLETE A DELIVERY TASK FROM THE PICK
-UP
LOCATION WHERE THE DRIVER WAS DIRECTED TO BEGIN THE DELIVERY TASK
TO THE LOCATION WHERE THE DRIVER DROPPED OFF THE LAST ITEM TO BE
DELIVERED AS PART OF THAT DELIVERY TASK
.
(B) F
OR EACH DELIVERY TASK THAT IS COMPENSATED IN A BLOCK OF
TIME FOR MULTIPLE DELIVERIES
, THE DNC SHALL NOTIFY THE DRIVER THAT
ANY ADDITIONAL MILES THE DRIVER INCURRED TRAVELING TO THE PICK
-UP
LOCATION WHERE THE DRIVER WAS DIRECTED TO BEGIN THE DELIVERY TASK
AND TRAVELING FROM THE LOCATION WHERE THE DRIVER WAS DIRECTED TO
MAKE THE LAST DELIVERY MAY BE ELIGIBLE FOR TAX MILEAGE DEDUCTIONS
UNDER STATE AND FEDERAL LAW
.
(C) A
S PART OF THE DISCLOSURES MADE PURSUANT TO SUBSECTION
(3)(e)(I) OF THIS SECTION, THE DNC SHALL DISCLOSE TO THE DRIVER THAT
FOR EACH DELIVERY TASK THAT IS COMPENSATED IN A BLOCK OF TIME FOR
MULTIPLE DELIVERIES
, THE MILEAGE REPORT ONLY INCLUDES MILES
TRAVELED FROM THE LOCATION WHERE THE DRIVER BEGAN THE DELIVERY
TASK TO THE LOCATION WHERE THE DRIVER DROPPED OFF THE LAST ITEM TO
BE DELIVERED AS PART OF THAT DELIVERY TASK
.
(IV) A
S PART OF THE DISCLOSURES MADE PURSUANT TO SUBSECTION
(3)(e)(I) OF THIS SECTION, THE DNC MAY INCLUDE A NOTICE THAT THIS
DISCLOSURE IS NOT TAX ADVICE AND THAT THE DRIVER SHOULD CONTACT A
TAX PROFESSIONAL
.
PAGE 7-HOUSE BILL 24-1129 (f) THE INFORMATION DISCLOSED TO A DRIVER PURSUANT TO THIS
SUBSECTION
(3) MUST BE:
(I) P
ROMINENTLY DISPLAYED ON THE SCREEN OR IN THE E -MAIL;
(II) I
N A FONT THAT IS AT LEAST ONE AND ONE-HALF TIMES LARGER
THAN THE FONT USED TO PRESENT ANY OTHER INFORMATION ON THE SCREEN
OR IN THE E
-MAIL; AND
(III) PRESENTED USING DESIGN TECHNIQUES INTENDED TO DRAW THE
EYE TO THE INFORMATION
.
(4) Contract transparency. (a) A
DNC SHALL OFFER A DRIVER A
CONTRACT OR CHANGES TO A CONTRACT ON THE DIGITAL PLATFORM AND BY
E
-MAIL.
(b) A
DNC SHALL INCLUDE IN A CONTRACT A TABLE OF CONTENTS
DESCRIBING THE TERMS OR SECTIONS OF THE CONTRACT ON THE FIRST PAGE
OF THE CONTRACT
.
(c) A
LL MATERIAL TERMS OF A CONTRACT THE DNC OFFERS TO A
DRIVER MUST BE DISCLOSED IN PLAIN LANGUAGE
.
(d) W
HEN PROVIDING A NEW DRIVER WITH A CONTRACT , A DNC
SHALL PROMINENTLY DISPLAY THE CONTRACT ON THE SCREEN AND E -MAIL
THE CONTRACT AT THE TIME THE DRIVER APPLIES TO WORK FOR THE
DNC.
(e) W
HEN A DNC CHANGES A CONTRACT OR ISSUES A NEW
CONTRACT
, THE DNC SHALL:
(I) E-
MAIL THE CONTRACT TO ALL DRIVERS ENGAGED ON THE
DIGITAL PLATFORM AT LEAST FOURTEEN DAYS BEFORE THE CONTRACT
BECOMES ENFORCEABLE
; AND
(II) POST THE CONTRACT ONLINE, IN THE DIGITAL PLATFORM, OR IN
ANOTHER LOCATION THAT IS AVAILABLE TO THE PUBLIC ON AN ONGOING
BASIS FOR AT LEAST FOURTEEN DAYS BEFORE THE CONTRACT BECOMES
ENFORCEABLE
.
(f) A
DNC SHALL PROVIDE DRIVERS WITH CONTRACTS IN ENGLISH,
PAGE 8-HOUSE BILL 24-1129 SPANISH, ARABIC, AND UP TO THREE ADDITIONAL LANGUAGES COMMONLY
SPOKEN BY DRIVERS IN THE STATE
, AS DETERMINED BY THE DIRECTOR.
(g) O
NCE A DRIVER AGREES TO A CONTRACT WITH THE DNC, THE
DNC SHALL E-MAIL THE CONTRACT TO THE DRIVER AND MAKE THE SIGNED
CONTRACT CONTINUOUSLY AVAILABLE TO THE DRIVER ON THE DIGITAL
PLATFORM
.
(5) Account deactivation transparency - deactivation challenge
procedure. (a) A
DNC SHALL DEVELOP AND MAINTAIN AN ACCOUNT
DEACTIVATION POLICY
. THE POLICY MUST:
(I) B
E IN WRITING, WHICH MAY BE IN AN ELECTRONIC FORMAT ;
(II) D
EFINE WHAT CONSTITUTES A VIOLATION THAT MAY RESULT IN
AN ACCOUNT DEACTIVATION AND BE SPECIFIC ENOUGH FOR A DRIVER TO
REASONABLY UNDERSTAND WHAT CONSTITUTES A VIOLATION
;
(III) B
E PROVIDED TO THE DRIVER PRIOR TO THE DRIVER PROVIDING
DELIVERY SERVICES THROUGH THE
DNC'S DIGITAL PLATFORM; AND
(IV) BE AVAILABLE TO THE DRIVER IN ENGLISH, SPANISH, ARABIC,
AND UP TO THREE ADDITIONAL LANGUAGES COMMONLY SPOKEN BY DNC
DRIVERS IN THE STATE, AS DETERMINED BY THE DIRECTOR.
(b) A
DNC SHALL PROVIDE THE ACCOUNT DEACTIVATION POLICY TO
THE DIVISION IN
ENGLISH, SPANISH, ARABIC, AND UP TO THREE ADDITIONAL
LANGUAGES COMMONLY SPOKEN BY DRIVERS IN THE STATE
, AS DETERMINED
BY THE DIRECTOR
. THE DIVISION SHALL POST THE DNC'S ACCOUNT
DEACTIVATION POLICY AND ANY REVISIONS TO THE
DNC'S ACCOUNT
DEACTIVATION POLICY PUBLICLY ON THE DIVISION
'S WEBSITE FOR AT LEAST
THIRTY DAYS BEFORE THE DEACTIVATION POLICY BECOMES ENFORCEABLE
.
(c) A
DNC SHALL NOT DEACTIVATE A DRIVER UNLESS THE
DEACTIVATION IS CONSISTENT WITH THE
DNC'S DEACTIVATION POLICY
ADOPTED AND DISTRIBUTED IN ACCORDANCE WITH THIS SUBSECTION
(5).
(d) A
DNC SHALL PROVIDE A DRIVER WITH WRITTEN NOTICE OF AN
ACCOUNT DEACTIVATION IN AN ELECTRONIC FORMAT VIA E
-MAIL, TEXT
MESSAGE
, OR THROUGH THE DNC'S DIGITAL PLATFORM UPON THE EFFECTIVE
PAGE 9-HOUSE BILL 24-1129 DATE OF THE DEACTIVATION. A NOTICE REQUIRED BY THIS SECTION MUST
INCLUDE THE FOLLOWING INFORMATION
:
(I) S
UFFICIENT INFORMATION FOR THE DRIVER TO REASONABLY
UNDERSTAND THE REASONS FOR THE ACCOUNT DEACTIVATION
, INCLUDING
THE PROVISION OF THE
DNC'S ACCOUNT DEACTIVATION POLICY THAT WAS
VIOLATED
;
(II) T
HE EFFECTIVE DATE OF THE ACCOUNT DEACTIVATION ;
(III) A
DESCRIPTION OF THE STEPS, IF ANY, THE DRIVER CAN TAKE TO
REMEDY THE VIOLATION
;
(IV) N
OTIFICATION OF THE DRIVER'S RIGHT TO CHALLENGE THE
ACCOUNT DEACTIVATION PURSUANT TO SUBSECTION
(5)(e) OF THIS SECTION;
AND
(V) THE DNC'S PROCESS FOR CHALLENGING AN ACCOUNT
DEACTIVATION OR A LINK TO A DESCRIPTION OF THAT PROCESS
.
(e) (I) A
DRIVER HAS THE RIGHT TO CHALLENGE THE DRIVER 'S
ACCOUNT DEACTIVATION THROUGH AN INTERNAL ACCOUNT DEACTIVATION
CHALLENGE PROCEDURE ESTABLISHED BY THE
DNC.
(II) A
DNC SHALL CREATE AN INTERNAL ACCOUNT DEACTIVATION
CHALLENGE PROCEDURE THAT MUST BE MADE AVAILABLE TO THE DRIVER
IMMEDIATELY UPON NOTICE OF THE DRIVER
'S ACCOUNT DEACTIVATION AND
FOR UP TO THIRTY DAYS AFTER THE DATE OF THE DEACTIVATION NOTICE
.
(III) A
DNC SHALL PROVIDE THE DNC'S INTERNAL ACCOUNT
DEACTIVATION CHALLENGE PROCEDURE TO THE DRIVER ALONG WITH THE
DEACTIVATION NOTICE PROVIDED PURSUANT TO SUBSECTION
(5)(d) OF THIS
SECTION IN A FORMAT THAT IS READILY ACCESSIBLE TO THE DRIVER
.
(IV) A
DNC SHALL REVIEW AND RESPOND TO A DRIVER 'S
CHALLENGE TO AN ACCOUNT DEACTIVATION WITHIN FOURTEEN DAYS AFTER
RECEIVING THE CHALLENGE
. A DNC'S RESPONSE TO A DRIVER'S CHALLENGE
TO AN ACCOUNT DEACTIVATION MUST INCLUDE A WRITTEN STATEMENT
,
WHICH MAY BE IN AN ELECTRONIC FORMAT , PROVIDING ONE OF THE
FOLLOWING
:
PAGE 10-HOUSE BILL 24-1129 (A) A DETERMINATION REAFFIRMING THE ACCOUNT DEACTIVATION ,
INCLUDING A DESCRIPTION OF THE STEPS, IF ANY, THE DRIVER CAN TAKE TO
REMEDY THE VIOLATION
, AND A SUMMARY OF THE REASONS THAT THE
ACCOUNT DEACTIVATION IS REAFFIRMED
;
(B) A
NY CIRCUMSTANCES NECESSITATING A DELAYED TIMELINE FOR
THE
DNC'S RESPONSE AND AN ANTICIPATED DATE FOR A RESPONSE EITHER
REAFFIRMING THE ACCOUNT DEACTIVATION OR REINSTATING THE DRIVER
;
OR
(C) A DETERMINATION THAT THE DRIVER DID NOT VIOLATE THE
DNC'S ACCOUNT DEACTIVATION POLICY AND INFORMATION REGARDING
WHEN THE DRIVER
'S ACCESS TO THE DIGITAL PLATFORM WILL BE
REINSTATED
.
(V) F
OLLOWING THE CONCLUSION OF THE INTERNAL ACCOUNT
DEACTIVATION CHALLENGE PROCEDURE
, THE DNC MUST REINSTATE THE
DRIVER
'S ACCESS TO THE DIGITAL PLATFORM IF THE DNC DETERMINES THAT
THE DRIVER DID NOT VIOLATE THE
DNC'S ACCOUNT DEACTIVATION POLICY
OR THAT THE DRIVER CORRECTED ANY VIOLATION
. THE DNC MUST
REINSTATE THE DRIVER
'S ACCESS AS SOON AS POSSIBLE AND NO LATER THAN
SEVENTY
-TWO HOURS FOLLOWING THE DNC PROVIDING THE WRITTEN
STATEMENT PURSUANT TO SUBSECTION
(5)(e)(IV) OF THIS SECTION.
(f) T
HIS SUBSECTION (5) SHALL NOT BE INTERPRETED TO REQUIRE A
DNC TO PROVIDE A DRIVER WITH ANY INFORMATION THAT A DNC
REASONABLY BELIEVES COULD COMPROMISE THE SAFETY OR PRIVACY OF A
CONSUMER
.
(6) Driver safety. E
ACH TIME A DNC CONNECTS A CONSUMER TO A
DRIVER
, THE DNC SHALL PROMPT THE CONSUMER AS A MEANS TO
ENCOURAGE THE CONSUMER TO ENSURE DRIVER SAFETY UPON ARRIVAL
,
INCLUDING BY ENSURING A CLEAR , WELL-LIT, SAFE DELIVERY PATH AND
ENSURING ALL PETS ARE PROPERLY SECURED
.
(7) Task acceptance time. (a) A
DNC SHALL ENSURE ALL DRIVERS
HAVE AT LEAST SIXTY SECONDS AFTER A DELIVERY TASK OFFER IS
DISPLAYED ON THE DRIVER
'S SMARTPHONE OR SIMILAR SCREEN TO DECIDE
WHETHER OR NOT TO ACCEPT THE OFFER
.
PAGE 11-HOUSE BILL 24-1129 (b) TO ENSURE ALL DRIVERS HAVE THE FULL AM OUNT OF TIME TO
DECIDE WHETHER TO ACCEPT A DELIVERY TASK OFFER PURSUANT TO
SUBSECTION
(8)(a) OF THIS SECTION, A DNC SHALL NOT PENALIZE OR
RETALIATE AGAINST A DRIVER FOR A FAILURE TO RESPOND TO A DELIVERY
TASK OFFER IN A PERIOD OF LESS THAN SIXTY SECONDS AFTER DISPLAYING
THE OFFER ON THE DRIVER
'S SMARTPHONE OR SIMILAR SCREEN, AND A DNC
SHALL NOT REQUIRE OR ENCOURAGE THE DRIVER TO RESPOND TO A
DELIVERY TASK OFFER IN A PERIOD OF LESS THAN SIXTY SECONDS AFTER
DISPLAYING THE OFFER ON THE DRIVER
'S SMARTPHONE OR SIMILAR SCREEN.
(8) Penalties, fines, and enforcement. (a) I
F A DNC VIOLATES THIS
SECTION
, THE DNC MAY BE SUBJECT TO:
(I) S
TATUTORY DAMAGES IN THE AMOUNT OF ONE THOUSAND
DOLLARS
, AS DETERMINED BY A COURT , IN A CIVIL ACTION BROUGHT
PURSUANT TO SUBSECTION
(8)(d) OF THIS SECTION ON A PER-CONSUMER OR
A PER
-DRIVER BASIS, WHICH AMOUNT THE DNC SHALL PAY TO THE
CONSUMER OR DRIVER AFFECTED BY THE VIOLATION
;
(II) A
FINE OF ONE HUNDRED DOLLARS PER VIOLATION , AS
DETERMINED BY THE DIRECTOR ON A PER
-CONSUMER OR A PER-DRIVER
BASIS
, WHICH AMOUNT THE DNC SHALL PAY TO THE DIVISION; AND
(III) INJUNCTIVE RELIEF PURSUANT TO SUBSECTION (8)(d)(II) OF THIS
SECTION
.
(b) T
HE DIVISION MAY INVESTIGATE ALLEGED VIOLATIONS IN
RESPONSE TO COMPLAINTS FILED OR AT THE DIVISION
'S DISCRETION.
(c) T
HE DIRECTOR SHALL ESTABLISH PROCEDURES FOR DRIVERS AND
CONSUMERS TO SUBMIT COMPLAINTS TO THE DIVISION AND FOR THE
DIVISION
'S INVESTIGATIONS, HEARINGS, AND IMPOSITION OF FINES PURSUANT
TO THIS SUBSECTION
(8).
(d) (I) A
PERSON AGGRIEVED BY A DNC'S VIOLATION OF THIS
SECTION MAY FILE A CIVIL ACTION AGAINST THE
DNC IN THE DISTRICT
COURT WHERE
:
(A) T
HE PERSON RESIDES;
PAGE 12-HOUSE BILL 24-1129 (B) THE VIOLATION OCCURRED; OR
(C) THE DNC HAS A PHYSICAL PLACE OF BUSINESS IN THE STATE.
(II) T
HE PERSON FILING THE CIVIL ACTION MAY SEEK:
(A) I
NJUNCTIVE RELIEF FROM THE DISTRICT COURT TO COMPEL A
DNC TO COMPLY WITH THIS SECTION;
(B) S
TATUTORY DAMAGES AS SPECIFIED IN SUBSECTION (8)(a)(I) OF
THIS SECTION
; AND
(C) ANY ACTUAL DAMAGES SUSTAINED AS A RESULT OF THE
VIOLATION
.
(e) T
HE DIRECTOR SHALL TRANSFER THE FINES COLLECTED
PURSUANT TO SUBSECTION
(8)(a)(II) OF THIS SECTION TO THE GENERAL
FUND
.
(9) Exemption. A
DNC NEED NOT COMPLY WITH THE PROVISIONS OF
THIS SECTION WITH RESPECT TO DRIVERS OR DELIVERY TASKS PERFORMED
BY DRIVERS WHO ANNUALLY RECEIVE OR WILL RECEIVE A FEDERAL FORM
W-2 FROM THE DNC REFLECTING ALL AMOUNTS EARNED BY THE DRIVER
WHILE PERFORMING SERVICES DISPATCHED OR FACILITATED THROUGH THE
DNC'S DIGITAL PLATFORM.
(10) Rules. T
HE DIRECTOR SHALL ADOPT RULES NECESSARY TO
IMPLEMENT THIS SECTION
.
SECTION 2. Appropriation. For the 2024-25 state fiscal year,
$163,409 is appropriated to the department of labor and employment for use
by the division of labor standards and statistics. This appropriation is from
the general fund and is based on an assumption the division will require an
additional 1.6 FTE. To implement this act, the division may use this
appropriation for program costs related to labor standards.
SECTION 3. Act subject to petition - effective date -
applicability. (1) Except as specified in subsection (2) of this section, this
act takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
PAGE 13-HOUSE BILL 24-1129 that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
(2) Section 8-4-126 (2), (3), (4), (5), (6), and (9), Colorado Revised
Statutes, as enacted in section 1 of this act, takes effect January 1, 2025.
PAGE 14-HOUSE BILL 24-1129 (3) This act applies to contracts executed or renewed on or after the
applicable effective dates of this act.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 15-HOUSE BILL 24-1129