Colorado 2025 2025 Regular Session

Colorado House Bill HB1291 Introduced / Fiscal Note

Filed 03/18/2025

                    HB 25-1291  
Fiscal Note 
Legislative Council Staff 
Nonpartisan Services for Colorado’s Legislature 
HB 25-1291: TRANS. NETWORK COMPANY CON SUMER PROTECTION  
Prime Sponsors: 
Rep. Willford; Froelich 
Sen. Winter F.; Danielson  
Published for: House Business Affairs & Labor  
Drafting number: LLS 25-0318  
Fiscal Analyst: 
Colin Gaiser, 303-866-2677 
colin.gaiser@coleg.gov  
Version: Initial Fiscal Note  
Date: March 18, 2025  
Fiscal note status: The fiscal note reflects the introduced bill. This analysis is preliminary and will be 
updated following further review and any additional information received.
Summary Information 
Overview. The bill creates new safety requirements for transportation network companies and their 
drivers.  
Types of impacts. The bill is projected to affect the following areas on an ongoing basis: 
 State Revenue 
 State Expenditures 
 TABOR Refunds 
Appropriations. For FY 2025-26, the bill requires appropriations totaling $2,731,573 to the Department of 
Public Safety and the Department of Regulatory Agencies.  
Table 1 
State Fiscal Impacts  
Type of Impact
1
 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
Out Year 
FY 2027-28 
State Revenue 	$3,379,753 $4,119,847 $3,346,403 
State Expenditures 	$3,057,916 $3,704,630 $2,931,186 
Transferred Funds  	$0 	$0 	$0 
Change in TABOR Refunds 	$2,619,753 $3,359,847 not estimated 
Change in State FTE 	17.9 FTE 27.0 FTE 17.9 FTE 
1
 Fund sources for these impacts are shown in the tables below. 
   Page 2 
March 18, 2025   HB 25-1291 
 
Table 1A 
State Revenue 
Fund Source 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
Out Year 
FY 2027-28 
General Fund 	$0 	$0 	$0 
CBI Identification Unit Cash Fund 	$3,002,000 $3,002,000 $3,002,000 
Transportation Network Company Fund $377,753 $1,117,847 $344,403 
Total Revenue 	$3,379,753 $4,119,847 $3,346,403 
Table 1B 
State Expenditures 
Fund Source 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
Out Year 
FY 2027-28 
General Fund 	$0 	$0 	$0 
Cash Funds 	$2,731,573 $3,215,155 $2,604,843 
Federal Funds  	$0 	$0 	$0 
Centrally Appropriated 	$326,343 $489,475 $326,343 
Total Expenditures 	$3,057,916 $3,704,630 $2,931,186 
Total FTE 	17.9 FTE 27.0 FTE 17.9 FTE 
Summary of Legislation 
The bill creates new safety requirements for transportation network companies (TNCs) and TNC 
drivers. Specifically, the bill requires TNCs to: 
 prohibit a driver from driving for more than 10 consecutive hours;  
 obtain a fingerprint-based criminal history record check for an individual before allowing 
them to act as a driver, and at least once every six months afterward;  
 verify the identity of the driver through an in-vehicle dash camera, a live self-identification 
photograph or video, biometric verification, or another method before the driver picks up a 
rider; 
 provide all known and available data, photographs, audio, and video related to a 
prearranged ride that is the subject of any complaint filed with the Public Utilities 
Commission (PUC);  
 respond to a request for information related to any complaints no later than 24 hours after 
the request is made;  
 submit annual reporting on safety incidents to the PUC, the Attorney General, and relevant 
legislative committees beginning February 1, 2026;   Page 3 
March 18, 2025   HB 25-1291 
 
 develop polices to prevent imposter accounts and various crimes committed by or against 
TNC drivers; and, 
 ensure that all rides are continuously audio and video recorded, unless a driver opts out. The 
TNC must develop policies allowing a driver to opt out of continuous recording.  
A contract between a TNC and a rider is void if it attempts to waive specified rights. 
Finally, the bill makes it a deceptive trade practice to violate the bill’s requirements or any part 
of the "Transportation Network Company Act,” alter a rating a rider assigns to a driver on a 
TNC’s digital network, or assign an automatic or default driver rating not assigned by the rider.  
Assumptions 
According to the Department of Regulatory Agencies, there are 38,000 people in Colorado 
driving for Uber and Lyft, the two companies that make up almost the entire TNC market. The 
bill requires TNCs to obtain a fingerprint-based criminal history record check at least once every 
six months for each driver, so the fiscal note assumes 76,000 checks will be performed annually.  
Additionally, under current law, TNCs are permitted to perform privately administered 
background checks on drivers. Under the bill, the PUC will have a new requirement to review 
these records. 
State Revenue 
The bill increases state cash fund revenue by $3.4 million in FY 2025-26, $4.1 million in 
FY 2026-27, and $3.3 million in FY 2027-28 and ongoing. Additionally, the bill may increase 
revenue from penalties and fees for any individuals that commit a deceptive trade practice 
under the bill.  
Fingerprint-Based Background Checks  
This bill increases state cash fund revenue from fingerprint-based criminal history background 
checks to the CBI Identification Unit Cash Fund in the Department of Public Safety (DPS) by 
$3 million beginning in FY 2025-26. This assumes 76,000 checks will be conducted in FY 2025-26 
and ongoing years. The current fee for background checks is $39.50, which includes $10 for a 
Federal Bureau of Investigation (FBI) fingerprint-based check, which is passed on to that federal 
agency. The $760,000 passed to the FBI is not subject to TABOR.  
Transportation Network Company Fund 
Administrative costs incurred by the PUC are paid from the TNC Fund. Whenever additional 
expenses are incurred against the fund, regulated TNCs must pay a higher regulatory fee to 
cover these expenses. Amounts in Table 1A are based on the expenditures identified for the PUC 
below.  Page 4 
March 18, 2025   HB 25-1291 
 
Civil Penalties 
Under the Colorado Consumer Protection Act, a person committing a deceptive trade practice 
may be subject to a civil penalty of up to $20,000 for each violation. Additional penalties may be 
imposed for subsequent violations of a court order or injunction. This revenue is classified as a 
damage award and not subject to TABOR. Given the uncertainty about the number of cases that 
may be pursued by the Attorney General and district attorneys, as well as the wide range in 
potential penalty amounts, the fiscal note cannot estimate the potential impact of these civil 
penalties.  
Filing Fees 
The bill may increase revenue to the Judicial Department from an increase in civil case filings. 
Revenue from filing fees is subject to TABOR. 
State Expenditures 
The bill increases state expenditures by $3.1 million in FY 2025-26, $2.9 million in FY 2026-27, 
and similar amounts ongoing. These costs will be incurred in the Department of Public Safety 
and the Department of Regulatory Agencies as shown in Table 2 and described in the sections 
below.  
Table 2 
State Expenditures 
All Departments 
Department 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
Out Year 
FY 2027-28 
Department of Public Safety  	$2,680,163 $2,586,783 $2,586,783 
Department of Regulatory Agencies 	$377,753 $1,117,847 $344,403 
Total Costs 	$3,057,916  $3,704,630  $2,931,186  
Department of Public Safety 
This bill increases overall expenditures from the CBI Identification Unit Cash Fund in the DPS by 
$2.7 million and 13.8 FTE in FY 2025-26 and $2.6 million and 13.8 FTE in FY 2026-27 and 
ongoing years.  
Staff 
Beginning in FY 2025-26, DPS requires 9.2 FTE Fingerprint Examiner II and 4.6 FTE Technician II 
to process the 76,000 new fingerprint background applications. A Fingerprint Examiner II can 
process 8,250 requests per year, and a Technician II 16,500 requests per year. Standard 
operating and capital outlay costs are included. Additionally, these employees will undertake a 
one-time training session that costs $1,000 per person.  Page 5 
March 18, 2025   HB 25-1291 
 
Federal Bureau of Investigation Pass-Through  
The DPS passes $10 of every application on to the federal government. With 76,000 applications, 
this equates to $760,000 per year. 
Processing Costs 
The following costs are associated with each background check application: $6.10 dedicated to 
equipment maintenance; $1.55 for print digitization; $0.88 to access the Colorado Crime 
Information Center for information pertinent to the background check; and $0.73 printing and 
postage costs. This equates to about $700,000 annually in additional expenses.   
Table 2A 
State Expenditures 
Department of Public Safety 
Cost Component 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
Out Year 
FY 2027-28 
Personal Services 	$854,470  $854,470  $854,470  
Operating Expenses 	$17,664 $17,664 $17,664 
Capital Outlay Costs 	$93,380 	$0 	$0 
FBI Pass-Through  	$760,000 $760,000 $760,000 
Background Check Expenses  	$703,760 $703,760 $703,760 
Centrally Appropriated Costs 	$250,889  $250,889  $250,889  
Total Costs 	$2,680,163 $2,586,783 $2,586,783 
Total FTE 	13.8 FTE 13.8 FTE 13.8 FTE 
Department of Regulatory Agencies 
The bill increases costs to the DORA to process and review fingerprint records in order to 
determine the qualification or disqualification of drivers and respond to complaints from 
disqualified drivers as part of its regulation of TNCs. Costs are paid from the TNC Fund. 
Staff 
The PUC in the DORA requires 4.1 FTE permanent staff beginning in FY 2025-26, and 9.1 FTE 
part-time staff for FY 2026-27 only. Ongoing staff will ensure compliance of background checks 
and fingerprinting within the specifications of the bill and prepare and hear administrative 
appeals, as well as respond to audits and inquiries. One-time staff will assist in the initial 
processing and reviewing of fingerprint records to determine driver qualification.  Page 6 
March 18, 2025   HB 25-1291 
 
Table 2B 
State Expenditures 
Department of Regulatory Agencies 
Cost Component 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
Out Year 
FY 2027-28 
Personal Services 	$263,701  $802,335  $263,701 
Operating Expenses 	$5,248 $16,896 $5,248 
Capital Outlay Costs 	$33,350 $60,030 	$0 
Centrally Appropriated Costs 	$75,454  $238,586  $75,454 
Total Costs 	$377,753 $1,117,847 $344,403 
Total FTE 	4.1 FTE 13.2 FTE 4.1 FTE 
Other Agencies 
Department of Law 
Workload in the Department of Law will minimally increase to the extent that deceptive trade 
practice complaints are filed. The department will review complaints under the bill and prioritize 
investigations as necessary within the overall number of deceptive trade practice complaints and 
available resources.  
Judicial Department 
The trial courts in the Judicial Department may have an increase in cases filed under the 
Colorado Consumer Protection Act from the addition of a new deceptive trade practice. It is 
assumed that online marketplaces will abide by the law and that any violation of the legislation 
will result in minimal number of new cases. The fiscal note assumes that this can be 
accomplished within existing resources and that no change in appropriations is required. 
Centrally Appropriated Costs 
Pursuant to a Joint Budget Committee policy, certain costs associated with this bill are 
addressed through the annual budget process and centrally appropriated in the Long Bill or 
supplemental appropriations bills, rather than in this bill. These costs, which include employee 
insurance and supplemental employee retirement payments, are shown in the expenditure 
tables above. 
TABOR Refunds 
The bill is expected to increase the amount of state revenue required to be refunded to 
taxpayers by the amounts shown in the State Fiscal Impacts section above. This estimate 
assumes the March 2025 LCS revenue forecast. A forecast of state revenue subject to TABOR is 
not available beyond FY 2026-27. Because TABOR refunds are paid from the General Fund, 
increased cash fund revenue will reduce the amount of General Fund available to spend or save.  Page 7 
March 18, 2025   HB 25-1291 
 
Effective Date 
The bill takes effect July 1, 2025. 
State Appropriations 
For FY 2025-26, the bill requires the following appropriations:  
 $2,429,274 from the CBI Identification Unit Cash Fund to the Department of Public Safety, 
and 13.8 FTE; and, 
 $302,299 from the Transportation Network Company Cash Fund to the Department of 
Regulatory Agencies, and 4.1 FTE. 
State and Local Government Contacts 
Judicial 
Law 
Public Safety 
Regulatory Agencies  
 
 
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each 
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.