First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0318.01 Josh Schultz x5486 HOUSE BILL 25-1291 House Committees Senate Committees Business Affairs & Labor A BILL FOR AN ACT C ONCERNING MEASURES TO INCREAS E PROTECTIONS FOR PERSONS101 ENGAGED WITH TRANSPORTATION NETWORK COMPANIES .102 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 prohibits a transportation network company (TNC) driver from driving or offering to drive for more than 10 consecutive hours. Current law requires that, before an individual is permitted to act as a driver through the use of a TNC's digital network, the individual shall obtain a criminal history record check. The bill requires that the TNC procure a criminal history record check for the individual before the HOUSE SPONSORSHIP Willford and Froelich, SENATE SPONSORSHIP Winter F. and Danielson, Kipp 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. individual is permitted to act as a driver and at least once every 6 months after the initial criminal history record check. The bill requires that the criminal history record check be a fingerprint-based criminal history record check and eliminates the option for the individual to fulfill the requirement through a privately administered national criminal history record check. Before each prearranged ride, a TNC shall verify that a driver providing the prearranged ride is the same driver authorized by the TNC to provide the prearranged ride through one of the following methods: ! An in-vehicle dash camera; ! A live self-identification photograph or video; ! Biometric verification by fingerprint or optical scan; or ! Another method that effectively verifies that the driver providing the prearranged ride is the same driver authorized by the TNC for that prearranged ride. If a person files a complaint with the public utilities commission (commission) against a TNC or a driver, the TNC shall, upon request from the person filing the complaint, provide the person filing the complaint all known and available data, photographs, and video related to the prearranged ride that is the subject of the complaint. After a person files a complaint against a TNC or a driver, the TNC is required to respond to a request for information from the person, the commission, a court, a district attorney, the attorney general, or a law enforcement agency no later than 24 hours after the request is made. In addition to enforcement by the commission, the bill authorizes the attorney general or a person injured or harmed by an alleged violation of the bill to initiate a civil proceeding in a district court against a TNC or a driver that violates the bill. The bill requires a TNC to ensure that each prearranged ride is continuously audio and video recorded from when the driver picks up the rider until when the rider departs from the driver's vehicle. A rider or driver may opt out of the continuous audio and video recording. The bill requires that, on or before February 1, 2026, and on or before February 1 each year thereafter, a TNC shall submit specified data to the commission, the attorney general, the house of representatives judiciary committee, and the senate judiciary committee. A provision in a contract between a TNC and a rider is declared void as against public policy if the provision attempts or purports to waive specified rights. The bill requires a TNC to develop policies to: ! Prevent imposter accounts, account sharing, and account renting; ! Prevent sexual assault, physical assault, and homicide against or committed by the TNC's drivers; and ! Allow drivers and riders to opt out of continuous audio and HB25-1291 -2- video recording during a prearranged ride. The following actions are made a deceptive trade practice in violation of the "Colorado Consumer Protection Act": ! A violation of the "Transportation Network Company Act"; and ! Altering the rating that a rider assigned a driver on a TNC's digital network or assigning an automatic or default driver rating that the rider did not assign. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds that:3 (a) Coloradans increasingly rely on a range of transportation4 modes, including transportation network companies, to travel to work,5 school, medical appointments, social gatherings, and more;6 (b) Unlike traditional transportation providers, transportation7 network companies exercise full control over their platforms while8 classifying drivers as independent contractors rather than employees;9 (c) Transportation network companies market their services as10 safe and convenient for vulnerable populations, including children,11 individuals with disabilities, and people seeking a responsible ride home12 after consuming alcohol. However, transportation network company13 drivers and riders have reported incidents of fraud, sexual assault,14 physical assault, and homicide.15 (d) According to the national institutes of health, drivers providing16 transportation network company services have an accident rate and a fatal17 crash incidence rate that is higher than the general population, partly due18 to the increased hours of driving and driver fatigue;19 (e) According to a study conducted by the University of Chicago,20 transportation network companies account for about a 3% annual increase21 HB25-1291-3- in traffic-related fatalities, or roughly 987 people, including pedestrians,1 each year. This increase is due, in part, to the large number of drivers2 needed to provide quick response times.3 (f) Transportation network companies have failed to develop and4 fully implement adequate protections on their own volition, despite5 having direct knowledge of serious safety risks;6 (g) Transportation network companies rely on drivers and third7 parties for background checks, often using easily manipulated8 name-based methods instead of fingerprint-based screening, which is9 required in other safety-critical industries;10 (h) Transportation network companies have not effectively11 prevented the widespread problem of account sharing, where authorized12 drivers give unauthorized individuals access to their profiles, allowing13 unauthorized individuals to bypass security measures. Account sharing14 undermines security and puts riders and the public at risk of harm.15 (i) Transportation network companies have long been aware of the16 systemic problem of sexual assaults committed by their drivers. Internal17 safety reports confirm thousands of reported sexual assaults over multiple18 years, yet transportation network companies have not implemented19 meaningful reforms. The actual number of incidents is likely far higher,20 as studies show that only 30% of sexual assaults are reported, meaning21 thousands more victims may have been harmed. Transportation network22 companies have faced lawsuits from passengers and their own23 shareholders for failing to disclose the extent of the problem.24 (j) Transportation network companies prioritize profits over rider25 safety, rolling back protections despite billions of dollars in revenue. A26 $25 background check is negligible compared to the industry-wide $5227 HB25-1291 -4- billion in annual revenue and $163 billion net worth.1 (2) Therefore, the general assembly declares that the people of2 Colorado require legislation to ensure that all transportation modes,3 including transportation network companies, are safe, reliable, and just4 and that the people of Colorado have a transportation system that5 prioritizes their safety.6 SECTION 2. In Colorado Revised Statutes, 40-10.1-605, amend7 (1)(e), (3)(a), (3)(b), (3)(c)(I), (3)(c)(II), and (5); and add (3)(c)(V),8 (3)(c)(VI), (3)(c)(VII), (3)(c)(VIII), (4.5), (7)(c), and (7.5) as follows:9 40-10.1-605. Operational requirements - criminal history10 record check - driver verification - civil action - audio and video11 recording - rules. (1) The following requirements apply to the provision12 of services:13 (e) A driver shall not offer or provide transportation network14 company services for more than twelve TEN consecutive hours.15 (3) (a) Before a person is permitted PERMITTING AN INDIVIDUAL16 to act as a driver through use of a transportation network company's17 digital network, AND AT LEAST ONCE EVERY SIX MONTHS THEREAFTER , the18 person TRANSPORTATION NETWORK COMPANY shall PROCURE19 (I) Obtain a FINGERPRINT-BASED criminal history record check20 FOR THE INDIVIDUAL pursuant to the procedures set forth in section21 40-10.1-110, as supplemented by the commission's rules promulgated22 ADOPTED under section 40-10.1-110. or through a privately administered23 national criminal history record check, including the national sex offender24 database; and25 (II) If a privately administered national criminal history record26 check is used, provide a copy of the criminal history record check to the27 HB25-1291 -5- transportation network company.1 (b) A driver shall obtain a criminal history record check in2 accordance with subparagraph (I) of paragraph (a) of this subsection (3)3 every five years while serving as a driver SUBMIT TO A4 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK AS REQUIRED BY5 A TRANSPORTATION NETWORK COMPANY TO COMPLY WITH SUBSECTION6 (3)(a) OF THIS SECTION.7 (c) (I) A person AN INDIVIDUAL who has been convicted of or pled8 guilty or nolo contendere to driving under the influence of drugs or9 alcohol in the previous seven years before applying to become a driver10 shall not serve as a driver. If the criminal history record check11 PERFORMED PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION reveals that12 the person INDIVIDUAL has ever been convicted of or pled guilty or nolo13 contendere to any of the following felony offenses, the person14 INDIVIDUAL shall not serve as a driver:15 (A) An offense involving fraud, as described in article 5 of title16 18; C.R.S.;17 (B) An offense involving unlawful sexual behavior, as defined in18 section 16-22-102 (9); C.R.S.;19 (C) An offense against property, as described in article 4 of title20 18; C.R.S.; or21 (D) A crime of violence, as described in section 18-1.3-406;22 C.R.S.23 (E) A N OFFENSE INVOLVING DOMESTIC VIOLENCE , AS DEFINED IN24 SECTION 18-6-800.3 (1);25 (F) A N OFFENSE INVOLVING STALKING, AS DESCRIBED IN SECTION26 18-3-602; OR27 HB25-1291 -6- (G) AN OFFENSE INVOLVING HARASSMENT , AS DESCRIBED IN1 SECTION 18-9-111.2 (II) A person AN INDIVIDUAL who has been convicted of OR PLED3 GUILTY OR NOLO CONTENDERE TO a comparable offense to the offenses4 listed in subparagraph (I) of this paragraph (c) SUBSECTION (3)(c)(I) OF5 THIS SECTION in another state or in the United States shall not serve as a6 driver.7 (V) A DRIVER WHO HAS BEEN CONVICTED OF OR PLED GUILTY OR8 NOLO CONTENDERE TO AN OFFENSE LISTED IN SUBSECTION (3)(c)(I) OF9 THIS SECTION SHALL NOTIFY THE TRANSPORTATION NETWORK COMPANY10 WITHIN FORTY-EIGHT HOURS AFTER THE INDIVIDUAL'S CONVICTION WAS11 PRONOUNCED OR PLEA WAS ENTERED .12 (VI) A N INDIVIDUAL WHO HAS BEEN CONVICTED OF OR PLED13 GUILTY OR NOLO CONTENDERE TO DRIVING UNDER THE INFLUENCE OF14 DRUGS OR ALCOHOL AFTER THE INITIAL FINGERPRINT -BASED CRIMINAL15 HISTORY RECORD CHECK PERFORMED PURSUANT TO SUBSECTION (3)(a) OF16 THIS SECTION SHALL NOT SERVE AS A DRIVER FOR SEVEN YEARS AFTER THE17 CONVICTION WAS PRONOUNCED OR THE PLEA WAS ENTERED .18 (VII) A N INDIVIDUAL WHO HAS BEEN DISQUALIFIED OR REMOVED19 FROM DRIVING FOR A TRANSPORTATION NETWORK COMPANY , A COMMON20 CARRIER, OR OTHER TRANSPORTATION SERVICE REGULATED UNDER THIS21 TITLE 40 IN THIS STATE OR ANY OTHER STATE SHALL NOT SERVE AS A22 DRIVER.23 (VIII) A N INDIVIDUAL WHO HAS AN AUTHORIZED PROFILE TO24 DRIVE FOR A TRANSPORTATION NETWORK COMPANY AND WHO ALLOWS25 ANOTHER INDIVIDUAL TO DRIVE FOR THE TRANSPORTATION NETWORK26 COMPANY UNDER THE AUTHORIZED PROFILE OR WHO HAS USED ANOTHER27 HB25-1291 -7- INDIVIDUAL'S AUTHORIZED PROFILE TO ACCEPT A PREARRANGED RIDE FOR1 A TRANSPORTATION NETWORK COMPANY SHALL NOT SERVE AS A DRIVER .2 (4.5) A FTER A DRIVER ACCEPTS A PREARRANGED RIDE THROUGH3 A DIGITAL NETWORK, BUT BEFORE THE DRIVER PICKS UP THE RIDER , A4 TRANSPORTATION NETWORK COMPANY SHALL VERIFY THAT THE DRIVER5 PROVIDING THE PREARRANGED RIDE IS THE SAME DRIVER AUTHORIZED BY6 THE TRANSPORTATION NETWORK COMPANY TO PROVIDE THE7 PREARRANGED RIDE THROUGH ONE OF THE FOLLOWING METHODS :8 (a) A N IN-VEHICLE DASH CAMERA;9 (b) A LIVE SELF-IDENTIFICATION PHOTOGRAPH OR VIDEO ;10 (c) B IOMETRIC VERIFICATION BY FINGERPRINT OR OPTICAL SCAN ;11 OR12 (d) A NOTHER METHOD THAT VERIFIES THAT THE DRIVER13 PROVIDING THE PREARRANGED RIDE IS THE SAME DRIVER AUTHORIZED BY14 THE TRANSPORTATION NETWORK COMPANY FOR THAT PREARRANGED RIDE .15 (5) (a) If any A person files a complaint with the commission16 against a transportation network company or driver, the commission may17 inspect the transportation network company's records as reasonably18 necessary to investigate and resolve the complaint.19 (b) I F A PERSON FILES A COMPLAINT AS DESCRIBED IN SUBSECTION20 (5)(a) OF THIS SECTION, A TRANSPORTATION NETWORK COMPANY SHALL21 RESPOND TO A REQUEST FOR INFORMATION RELATED TO THE COMPLAINT22 FROM A COURT, A DISTRICT ATTORNEY, THE ATTORNEY GENERAL , THE23 COMMISSION, OR A LAW ENFORCEMENT AGENCY NO LATER THAN24 TWENTY-FOUR HOURS AFTER THE REQUEST IS MADE .25 (c) I F A PERSON FILES A COMPLAINT WITH THE COMMISSION26 AGAINST A TRANSPORTATION NETWORK COMPANY OR DRIVER , THE27 HB25-1291 -8- TRANSPORTATION NETWORK COMPANY SHALL , UPON REQUEST FROM THE1 PERSON FILING THE COMPLAINT , PROVIDE TO THE PERSON FILING THE2 COMPLAINT ALL KNOWN AND AVAILABLE DATA , PHOTOGRAPHS, AUDIO,3 AND VIDEO RELATED TO THE PREARRANGED RIDE THAT IS THE SUBJECT OF4 THE COMPLAINT.5 (7) (c) (I) T HE ATTORNEY GENERAL OR A PERSON INJURED OR6 HARMED BY AN ALLEGED VIOLATION OF THIS SECTION MAY INITIATE A7 CIVIL PROCEEDING IN A DISTRICT COURT AGAINST A TRANSPORTATION8 NETWORK COMPANY OR A DRIVER THAT VIOLATES THIS SECTION .9 (II) A VIOLATION OF THIS SECTION BY A TRANSPORTATION10 NETWORK COMPANY THAT RESULTS IN INJURY OR DEATH TO AN11 INDIVIDUAL HAS A SIGNIFICANT PUBLIC IMPACT.12 (7.5) U NLESS A RIDER OR DRIVER OPTS OUT THROUGH THE POLICY13 AND PROCEDURE CREATED BY A TRANSPORTATION NETWORK COMPANY14 PURSUANT TO SECTION 40-10.1-610 (2)(a)(III) OR (2)(a)(IV), A15 TRANSPORTATION NETWORK COMPANY SHALL ENSURE THAT EACH16 PREARRANGED RIDE IS CONTINUOUSLY AUDIO AND VIDEO RECORDED FROM17 WHEN THE DRIVER PICKS UP THE RIDER IN A PERSONAL VEHICLE UNTIL18 WHEN THE RIDER DEPARTS FROM THE PERSONAL VEHICLE .19 SECTION 3. In Colorado Revised Statutes, 40-10.1-609, add (3)20 as follows:21 40-10.1-609. Reporting requirements - report - rules. (3) O N22 OR BEFORE FEBRUARY 1, 2026, AND ON OR BEFORE FEBRUARY 1 EACH23 YEAR THEREAFTER, A TRANSPORTATION NETWORK COMPANY OPERATING24 IN THE STATE SHALL SUBMIT A REPORT THAT INCLUDES THE FOLLOWING25 DATA TO THE COMMISSION, THE ATTORNEY GENERAL, AND THE JUDICIARY26 COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE , OR27 HB25-1291 -9- THEIR SUCCESSOR COMMITTEES :1 (a) T HE NUMBER OF REPORTED SAFETY INCIDENTS INVOLVING A2 DRIVER WHO PROVIDED SERVICES FOR THE TRANSPORTATION NETWORK3 COMPANY IN THE PRECEDING CALENDAR YEAR , INCLUDING THE NUMBER4 OF REPORTED INSTANCES OF:5 (I) P HYSICAL ASSAULT;6 (II) S EXUAL ASSAULT;7 (III) V ERBAL ASSAULT;8 (IV) S TALKING;9 (V) H ARASSMENT;10 (VI) T HEFT;11 (VII) A MOTOR VEHICLE ACCIDENT, INCLUDING AN INDICATION OF12 WHETHER THE DRIVER WAS AT FAULT OR THE DRIVER WAS NOT AT FAULT ;13 AND14 (VIII) H OMICIDE; AND15 (b) T HE NUMBER OF REPORTED INCIDENTS OF DISCRIMINATORY16 SPEECH OR DISCRIMINATORY CONDUCT INVOLVING A DRIVER WHO17 PROVIDED SERVICES FOR THE TRANSPORTATION NETWORK COMPANY .18 SECTION 4. In Colorado Revised Statutes, add 40-10.1-610 as19 follows:20 40-10.1-610. Consumer protection - waiver of rights void -21 biometric data and biometric identifiers. (1) A PROVISION IN A22 CONTRACT BETWEEN A TRANSPORTATION NETWORK COMPANY AND A23 RIDER IS VOID AS AGAINST PUBLIC POLICY IF THE PROVISION ATTEMPTS OR24 PURPORTS TO WAIVE:25 (a) A RIGHT SPECIFIED IN THIS PART 6;26 (b) A RIGHT PROVIDED BY THE "COLORADO CONSUMER27 HB25-1291 -10- PROTECTION ACT", ARTICLE 1 OF TITLE 6; OR1 (c) T HE RIGHT TO A JURY TRIAL.2 (2) (a) W ITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS3 SECTION, A TRANSPORTATION NETWORK COMPANY SHALL :4 (I) D EVELOP A POLICY TO PREVENT IMPOSTER ACCOUNTS ,5 ACCOUNT SHARING, AND ACCOUNT RENTING;6 (II) D EVELOP A POLICY TO PREVENT SEXUAL ASSAULT , PHYSICAL7 ASSAULT, AND HOMICIDE AGAINST OR COMMITTED BY THE8 TRANSPORTATION NETWORK COMPANY 'S DRIVERS;9 (III) D EVELOP A POLICY TO ALLOW A RIDER TO OPT OUT OF10 CONTINUOUS AUDIO AND VIDEO RECORDING DURING A PREARR ANGED RIDE11 CONDUCTED PURSUANT TO SECTION 40-10.1-605 (7.5);12 (IV) D EVELOP A POLICY TO ALLOW A DRIVER TO OPT OUT OF13 CONTINUOUS AUDIO AND VIDEO RECORDING DURING A PREARRANGED RIDE14 CONDUCTED PURSUANT TO SECTION 40-10.1-605 (7.5);15 (V) P ROVIDE COPIES OF THE POLICIES CREATED PURSUANT TO THIS16 SUBSECTION (2) TO THE ATTORNEY GENERAL AND TO THE COMMISSION ;17 AND18 (VI) P ROVIDE COPIES OF THE POLICIES CREATED PURSUANT TO THIS19 SUBSECTION (2) TO EVERY DRIVER WHO PROVIDES SERVICES FOR THE20 TRANSPORTATION NETWORK COMPANY .21 (b) W ITHIN TEN DAYS AFTER AN UPDATE TO A POLICY CREATED22 PURSUANT TO THIS SUBSECTION (2), A TRANSPORTATION NETWORK23 COMPANY SHALL PROVIDE A COPY OF THE UPDATED POLICY TO THE24 ATTORNEY GENERAL , THE COMMISSION, AND EVERY DRIVER WHO25 PROVIDES SERVICES FOR THE TRANSPORTATION NETWORK COMPANY .26 (3) I F A TRANSPORTATION NETWORK COMPANY COLLECTS27 HB25-1291 -11- BIOMETRIC DATA OR BIOMETRIC IDENTIFIERS FROM A DRIVER OR RIDER ,1 THE TRANSPORTATION NETWORK COMPANY SHALL COMPLY WITH SECTION2 6-1-1314.3 SECTION 5. In Colorado Revised Statutes, 40-10.1-110, amend4 (1)(a) as follows:5 40-10.1-110. Record check - rules. (1) (a) An individual who6 wishes to drive: A taxicab for a motor carrier that is the holder of a7 certificate to provide taxicab service issued under part 2 of this article8 10.1; a motor vehicle for a motor carrier that is the holder of a permit to9 operate as a charter bus, children's activity bus, luxury limousine, or10 off-road scenic charter under part 3 of this article 10.1; or a motor vehicle11 for a motor carrier that is the holder of a permit to operate as a12 large-market taxicab service under part 7 of this article 10.1; OR A13 PERSONAL VEHICLE TO OFFER SERVICES AS A TRANSPORTATION NETWORK14 COMPANY DRIVER UNDER PART 6 OF THIS ARTICLE 10.1 must have the15 individual's fingerprints taken by a local law enforcement agency or any16 third party approved by the Colorado bureau of investigation for the17 purpose of obtaining a fingerprint-based criminal history record check.18 SECTION 6. In Colorado Revised Statutes, 6-1-105, add (1)(iiii)19 and (1)(jjjj) as follows:20 6-1-105. Unfair or deceptive trade practices - definitions.21 (1) A person engages in a deceptive trade practice when, in the course of22 the person's business, vocation, or occupation, the person:23 (iiii) V IOLATES PART 6 OF ARTICLE 10.1 OF TITLE 40;24 (jjjj) A LTERS THE RATING A RIDER ASSIGNED A DRIVER ON A25 TRANSPORTATION NETWORK COMPANY 'S DIGITAL NETWORK, AS THOSE26 TERMS ARE DEFINED IN SECTION 40-10.1-602, OR ASSIGNS AN AUTOMATIC27 HB25-1291 -12- OR DEFAULT DRIVER RATING THAT THE RIDER DID NOT ASSIGN .1 SECTION 7. Applicability. This act applies to offenses2 committed on or after the effective date of this act.3 SECTION 8. Safety clause. The general assembly finds,4 determines, and declares that this act is necessary for the immediate5 preservation of the public peace, health, or safety or for appropriations for6 the support and maintenance of the departments of the state and state7 institutions.8 HB25-1291 -13-