First Regular Session Seventy-fifth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction 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 Amended 2nd Reading April 15, 2025 HOUSE SPONSORSHIP Willford and Froelich, Lieder SENATE SPONSORSHIP Winter F. and Danielson, Kipp, Weissman 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 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 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 to riders and drivers;6 (g) Transportation network companies have not effectively7 prevented the widespread problem of account sharing, where authorized8 drivers give unauthorized individuals access to their profiles, allowing9 unauthorized individuals to bypass security measures. Account sharing10 undermines security and puts riders and the public at risk of harm.11 (h) Transportation network companies have long been aware of12 the systemic problem of sexual assaults committed by their drivers.13 Internal safety reports confirm thousands of reported sexual assaults over14 multiple years, yet transportation network companies have not15 implemented meaningful reforms. The actual number of incidents is16 likely far higher, as studies show that only 30% of sexual assaults are17 reported, meaning thousands more victims may have been harmed.18 Transportation network companies have faced lawsuits from passengers19 and their own shareholders for failing to disclose the extent of the20 problem.21 (i) Transportation network companies prioritize profits over rider22 safety, rolling back protections despite billions of dollars in revenue. The23 cost of a background check is negligible compared to the24 multibillion-dollar net worth and profit of the industry.25 (2) Therefore, the general assembly declares that the people of26 Colorado require legislation to ensure that all transportation modes,27 1291 -4- including transportation network companies, are safe, reliable, and just1 and that the people of Colorado have a transportation system that2 prioritizes their safety.3 SECTION 2. In Colorado Revised Statutes, 40-10.1-602, amend4 (1); and add (1.1), (1.3), (1.5), and (1.7) as follows:5 40-10.1-602. Definitions. As used in this part 6, unless the6 context otherwise requires:7 (1) (a) "Personal vehicle" means a vehicle that is used by a8 transportation network company driver in connection with providing9 services for a transportation network company that meets the vehicle10 criteria set forth in this part 6 "BIOMETRIC DATA" MEANS ONE OR MORE11 BIOMETRIC IDENTIFIERS THAT ARE USED OR INTENDED TO BE USED, SINGLY12 OR IN COMBINATION WITH EACH OTHER OR WITH OTHER PERSONAL DATA,13 FOR IDENTIFICATION PURPOSES.14 (b) "BIOMETRIC DATA" DOES NOT INCLUDE THE FOLLOWING15 UNLESS THE BIOMETRIC DATA IS USED FOR IDENTIFICATION PURPOSES :16 (I) A DIGITAL OR PHYSICAL PHOTOGRAPH;17 (II) AN AUDIO OR VOICE RECORDING; OR18 (III) ANY DATA GENERATED FROM A DIGITAL OR PHYSICAL19 PHOTOGRAPH OR AN AUDIO OR VIDEO RECORDING .20 (1.1) "BIOMETRIC IDENTIFIER" MEANS DATA GENERATED BY THE21 TECHNOLOGICAL PROCESSING, MEASUREMENT, OR ANALYSIS OF A22 CONSUMER'S BIOLOGICAL, PHYSICAL, OR BEHAVIORAL CHARACTERISTICS,23 WHICH DATA CAN BE PROCESSED FOR THE PURPOSE OF UNIQUELY24 IDENTIFYING AN INDIVIDUAL. "BIOMETRIC IDENTIFIER" INCLUDES:25 (a) A FINGERPRINT;26 (b) A VOICEPRINT;27 1291 -5- (c) A SCAN OR RECORD OF AN EYE RETINA OR IRIS;1 (d) A FACIAL MAP, FACIAL GEOMETRY, OR FACIAL TEMPLATE; OR2 (e) OTHER UNIQUE BIOLOGICAL , PHYSICAL, OR BEHAVIORAL3 PATTERNS OR CHARACTERISTICS .4 (1.3) "MINOR" MEANS AN INDIVIDUAL UNDER EIGHTEEN YEARS OF5 AGE.6 (1.5) "NAME-BASED JUDICIAL RECORD CHECK" HAS THE MEANING7 SET FORTH IN SECTION 22-2-119.3 (6)(d).8 (1.7) "PERSONAL VEHICLE" MEANS A VEHICLE THAT IS USED BY A9 TRANSPORTATION NETWORK COMPANY DRIVER IN CONNECTION WITH10 PROVIDING SERVICES FOR A TRANSPORTATION NETWORK COMPANY AND11 THAT MEETS THE VEHICLE CRITERIA SET FORTH IN THIS PART 6.12 SECTION 3. In Colorado Revised Statutes, 40-10.1-605, amend13 (3)(b), (3)(c)(I), (3)(c)(II), and (5); and add (3)(b.5), (3)(c)(V), (3)(c)(VI),14 (3)(c)(VII), (3)(c)(VIII), (3)(c)(IX), (3)(d), (3)(e), (7)(c), (7.5), (7.7),15 (7.8), and (11) as follows:16 40-10.1-605. Operational requirements - criminal history17 record check - driver verification - civil action - audio and video18 recording - deactivation - offering food or beverage prohibited -19 reviews and ratings - rules. (3) (b) A driver TRANSPORTATION20 NETWORK COMPANY shall obtain PROCURE a PRIVATELY ADMINISTERED21 criminal history record check in accordance with subparagraph (I) of22 paragraph (a) of this subsection (3) FOR EACH INDIVIDUAL SERVING AS A23 DRIVER THROUGH USE OF THE TRANSPORTATION NETWORK COMPANY'S24 DIGITAL NETWORK every five years SIX MONTHS while serving THE25 INDIVIDUAL SERVES as a driver.26 (b.5) A TRANSPORTATION NETWORK COMPANY SHALL PAY THE27 1291 -6- COSTS OF A CRIMINAL HISTORY RECORD CHECK CONDUCTED PURSUANT TO1 THIS SUBSECTION (3).2 (c) (I) A person AN INDIVIDUAL who has been convicted of or pled3 guilty or nolo contendere to driving under the influence of drugs or4 alcohol in the previous seven THREE years before applying to become a5 driver shall not serve as a driver. If the criminal history record check6 PERFORMED PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION reveals that7 the person INDIVIDUAL has ever been convicted of or pled guilty or nolo8 contendere to any of the following felony offenses, the person9 INDIVIDUAL shall not serve as a driver:10 (A) An A FELONY offense involving fraud, as described in article11 5 of title 18; C.R.S.;12 (B) An offense involving unlawful sexual behavior, as defined in13 section 16-22-102 (9); C.R.S.;14 (C) An A FELONY offense against property, as described in article15 4 of title 18; C.R.S.; or16 (D) A crime of violence, as described in section 18-1.3-406;17 C.R.S.18 (E) AN OFFENSE INVOLVING DOMESTIC VIOLENCE , AS DEFINED IN19 SECTION 18-6-800.3 (1);20 (F) AN OFFENSE INVOLVING STALKING, AS DESCRIBED IN SECTION21 18-3-602;22 (G) AN OFFENSE INVOLVING HARASSMENT , AS DESCRIBED IN23 SECTION 18-9-111; OR24 (H) AN OFFENSE INVOLVING MENACING, AS DESCRIBED IN SECTION25 18-3-206.26 (II) A person AN INDIVIDUAL who has been convicted of OR PLED27 1291 -7- GUILTY OR NOLO CONTENDERE TO a comparable offense to the offenses1 listed in subparagraph (I) of this paragraph (c) SUBSECTION (3)(c)(I) OF2 THIS SECTION in another state or in the United States shall not serve as a3 driver.4 (V) A DRIVER WHO HAS BEEN CONVICTED OF OR PLED GUILTY OR5 NOLO CONTENDERE TO AN OFFENSE LISTED IN SUBSECTION (3)(c)(I) OF6 THIS SECTION SHALL NOTIFY THE TRANSPORTATION NETWORK COMPANY7 WITHIN FORTY-EIGHT HOURS AFTER THE INDIVIDUAL'S CONVICTION WAS8 PRONOUNCED OR PLEA WAS ENTERED .9 (VI) AN INDIVIDUAL WHO HAS BEEN CONVICTED OF OR PLED10 GUILTY OR NOLO CONTENDERE TO DRIVING UNDER THE INFLUENCE OF11 DRUGS OR ALCOHOL SHALL NOT SERVE AS A DRIVER FOR THREE YEARS12 AFTER THE CONVICTION WAS PRONOUNCED OR THE PLEA WAS ENTERED .13 (VII) AN INDIVIDUAL WHO HAS BEEN DISQUALIFIED OR REMOVED14 FROM DRIVING FOR A TRANSPORTATION SERVICE REGULATED UNDER THIS15 TITLE 40 OR DISQUALIFIED OR REMOVED FROM DRIVING UNDER A16 SUBSTANTIALLY SIMILAR LAW OF ANOTHER STATE FOR AN INCIDENT17 INVOLVING ANY OF THE FOLLOWING ACTIVITIES SHALL NOT SERVE AS A18 DRIVER:19 (A) PHYSICAL ASSAULT;20 (B) SEXUAL ASSAULT;21 (C) HARASSMENT;22 (D) KIDNAPPING;23 (E) FELONY ROBBERY;24 (F) MENACING;25 (G) ACCOUNT SHARING; OR26 (H) IMPERSONATING A DRIVER.27 1291 -8- (VIII) AN INDIVIDUAL SHALL NOT SERVE AS A DRIVER FOR A1 TRANSPORTATION NETWORK COMPANY IF THE INDIVIDUAL :2 (A) HAS AN AUTHORIZED PROFILE TO DRIVE FOR A3 TRANSPORTATION NETWORK COMPANY ; AND4 (B) IS CONFIRMED BY A TRANSPORTATION NETWORK COMPANY TO5 HAVE ALLOWED ANOTHER INDIVIDUAL TO DRIVE FOR THE6 TRANSPORTATION NETWORK COMPANY UNDER THE AUTHORIZED PROFILE7 OR HAS USED ANOTHER INDIVIDUAL'S AUTHORIZED PROFILE TO ACCEPT A8 PREARRANGED RIDE FOR A TRANSPORTATION NETWORK COMPANY .9 (IX) IF A PERSON FILES A COMPLAINT WITH A TRANSPORTATION10 NETWORK COMPANY OR THE COMMISSION REGARDING THE ALLEGATIONS11 DESCRIBED IN SUBSECTION (3)(d)(I) OF THIS SECTION AGAINST AN12 INDIVIDUAL ACTING AS A DRIVER THROUGH USE OF THE TRANSPORTATION13 NETWORK COMPANY'S DIGITAL NETWORK, THE TRANSPORTATION14 NETWORK COMPANY SHALL PROCURE A PRIVATELY ADMINISTERED15 CRIMINAL HISTORY RECORD CHECK FOR THE INDIVIDUAL ACTING AS A16 DRIVER.17 (d) (I) A TRANSPORTATION NETWORK COMPANY SHALL INITIATE18 A REVIEW OF A DRIVER FOR DEACTIVATION PURSUANT TO SUBSECTION19 (3)(d)(II) OF THIS SECTION IF THE TRANSPORTATION NETWORK COMPANY20 IS NOTIFIED THROUGH A COMPLAINT FILED WITH THE TRANSPORTATION21 NETWORK COMPANY OR THE COMMISSION OR THROUGH CONTACT BY THE22 COMMISSION, THE OFFICE OF THE ATTORNEY GENERAL, A DISTRICT23 ATTORNEY'S OFFICE, OR LAW ENFORCEMENT AGENCY REGARDING AN24 ALLEGATION AGAINST THE DRIVER OF :25 (A) PHYSICAL ASSAULT;26 (B) SEXUAL ASSAULT;27 1291 -9- (C) KIDNAPPING;1 (D) FELONY ROBBERY;2 (E) MENACING; OR3 (F) HOMICIDE.4 (II) WITHIN SEVENTY-TWO HOURS AFTER RECEIVING NOTICE OF AN5 ALLEGATION AGAINST A DRIVER AS DESCRIBED IN SUBSECTION (3)(d)(I) OF6 THIS SECTION, THE TRANSPORTATION NETWORK COMPANY SHALL REVIEW7 THE AVAILABLE EVIDENCE AND, IF THE TRANSPORTATION NETWORK8 COMPANY DETERMINES THAT THE ALLEGATION IS MORE THAN LIKELY TO9 HAVE OCCURRED, THE TRANSPORTATION NETWORK COMPANY SHALL10 DEACTIVATE THE DRIVER FROM THE TRANSPORTATION NETWORK11 COMPANY'S DIGITAL PLATFORM IN ACCORDANCE WITH THE12 TRANSPORTATION NETWORK COMPANY 'S DEACTIVATION AND SUSPENSION13 POLICY DEVELOPED PURSUANT TO SECTION 8-4-127.14 (e) (I) A DRIVER WHO HAS BEEN DEACTIVATED PURSUANT TO15 SUBSECTION (3)(d) OF THIS SECTION MAY, WITHIN THIRTY CALENDAR DAYS16 AFTER RECEIVING A WRITTEN NOTICE OF THE DEACTIVATION, CHALLENGE,17 IN WRITING, THE DEACTIVATION WITH THE TRANSPORTATION NETWORK18 COMPANY PURSUANT TO THE TRANSPORTATION NETWORK COMPANY 'S19 INTERNAL DEACTIVATION REVIEW PROCESS ESTABLISHED PURSUANT TO20 SECTION 8-4-127 (5).21 (II) A TRANSPORTATION NETWORK COMPANY SHALL CONDUCT AN22 INTERNAL DEACTIVATION RECONSIDERATION OF A CHALLENGED23 DEACTIVATION WITHIN FOURTEEN CALENDAR DAYS AFTER THE DRIVER24 MAKES THE WRITTEN REQUEST FOR DEACTIVATION RECONSIDERATION IN25 ACCORDANCE WITH SECTION 8-4-127 (5)(b); EXCEPT THAT THE26 TRANSPORTATION NETWORK COMPANY MAY NOTIFY THE DRIVER IN27 1291 -10- WRITING OF A CONTINUANCE OF THE DEACTIVATION RECONSIDERATION IF1 THE DRIVER HAS NOT PROVIDED SUFFICIENT EVIDENCE OR2 DOCUMENTATION FOR CONSIDERATION BY THE TRANSPORTATION3 NETWORK COMPANY OR IF CIRCUMSTANCES OUTSIDE OF THE4 TRANSPORTATION NETWORK COMPANY 'S CONTROL NECESSITATE5 ADDITIONAL TIME TO RECONSIDER THE CHALLENGED DEACTIVATION .6 (III) A TRANSPORTATION NETWORK COMPANY 'S INTERNAL7 DEACTIVATION REVIEW PROCESS DEVELOPED PURSUANT TO SECTION8 8-4-127 (5) MUST:9 (A) REQUIRE CONSIDERATION OF ALL RELEVANT, AVAILABLE10 INFORMATION;11 (B) BE CONDUCTED IN GOOD FAITH; AND12 (C) APPLY EVENHANDEDLY THE TRANSPORTATION NETWORK13 COMPANY'S DEACTIVATION POLICY , CONSISTENT WITH THE14 TRANSPORTATION NETWORK COMPANY 'S INTEREST IN SAFE AND EFFICIENT15 OPERATIONS.16 (IV) THE TRANSPORTATION NETWORK COMPANY 'S RESOLUTION OF17 A DRIVER'S CHALLENGE TO A DEACTIVATION MUST INCLUDE A WRITTEN18 STATEMENT THAT THE TRANSPORTATION NETWORK COMPANY SENDS THE19 DRIVER THROUGH THE TRANSPORTATION NETWORK COMPANY'S DIGITAL20 PLATFORM AND VIA EMAIL OR OTHER MECHANISM THAT THE21 TRANSPORTATION NETWORK COMPANY REASONABLY EXPECTS WILL22 REMAIN ACCESSIBLE TO THE DRIVER FOR AT LEAST ONE YEAR. THE23 WRITTEN STATEMENT MUST INCLUDE :24 (A) A DETERMINATION AFFIRMING DEACTIVATION AND INCLUDING25 A SUMMARY OF THE REASONS FOR THE DEACTIVATION AND A DESCRIPTION26 OF THE STEPS THE DRIVER MAY TAKE, IF ANY, TO REMEDY THE ALLEGED27 1291 -11- VIOLATION; OR1 (B) A DETERMINATION THAT THE DRIVER DID NOT VIOLATE THE2 TRANSPORTATION NETWORK COMPANY'S DEACTIVATION POLICY OR THAT3 THE DRIVER REMEDIED ANY VIOLATION OF THE POLICY , WHICH4 DETERMINATION MUST BE ACCOMPANIED BY REACTIVATION OF THE5 DRIVER'S ACCOUNT WITHIN TWENTY -FOUR HOURS AFTER THE6 DETERMINATION IS MADE.7 (V) THE TRANSPORTATION NETWORK COMPANY'S RESOLUTION OF8 A DRIVER'S CHALLENGE TO A DEACTIVATION MUST INCLUDE A WRITTEN9 STATEMENT THAT THE TRANSPORTATION NETWORK COMPANY SENDS THE10 PARTY THAT FILED A COMPLAINT PURSUANT TO SUBSECTION (3)(d)(I) OF11 THIS SECTION THROUGH THE TRANSPORTATION NETWORK COMPANY'S12 DIGITAL PLATFORM AND VIA EMAIL DETAILING THE DISPOSITION OF THE13 DRIVER'S CHALLENGE.14 (5) (a) If any A person files a complaint with the commission15 against a transportation network company or driver, the commission may16 inspect the transportation network company's records as reasonably17 necessary to investigate and resolve the complaint.18 (b) IF A PERSON FILES A COMPLAINT AGAINST A TRANSPORTATION19 NETWORK COMPANY OR DRIVER, THE TRANSPORTATION NETWORK20 COMPANY SHALL RESPOND TO A SUBPOENA OR SEARCH WARRANT FOR21 INFORMATION RELATED TO THE COMPLAINT FROM A COURT, THE OFFICE OF22 THE ATTORNEY GENERAL, A DISTRICT ATTORNEY 'S OFFICE, THE23 COMMISSION, OR A LAW ENFORCEMENT AGENCY NO LATER THAN24 FORTY-EIGHT HOURS AFTER THE REQUEST IS MADE .25 (7) (c) (I) THE ATTORNEY GENERAL OR A PERSON INJURED OR26 HARMED BY AN ALLEGED VIOLATION OF THIS SECTION MAY INITIATE A27 1291 -12- CIVIL PROCEEDING IN A DISTRICT COURT AGAINST A TRANSPORTATION1 NETWORK COMPANY OR A DRIVER THAT VIOLATES THIS SECTION .2 (II) A VIOLATION OF THIS SECTION BY A TRANSPORTATION3 NETWORK COMPANY THAT RESULTS IN INJURY OR DEATH TO AN4 INDIVIDUAL HAS A SIGNIFICANT PUBLIC IMPACT.5 (7.5) (a) (I) ON AND AFTER JANUARY 1, 2026, A TRANSPORTATION6 NETWORK COMPANY SHALL :7 (A) ENSURE THAT CONTINUOUS AUDIO RECORDING OF THE DRIVER8 IS CONDUCTED FOR EACH PREARRANGED RIDE FROM WHEN THE DRIVER9 PICKS UP THE RIDER IN A PERSONAL VEHICLE UNTIL WHEN THE RIDER10 DEPARTS FROM THE PERSONAL VEHICLE ;11 (B) NOTIFY THE DRIVER IN AN ONLINE APPLICATION THAT EACH12 PREARRANGED RIDE IS CONTINUOUSLY AUDIO RECORDED ; AND13 (C) ENSURE THAT EACH RIDER IN A PREARRANGED RIDE IS14 NOTIFIED IN THE PERSONAL VEHICLE THAT THE RIDE IS CONTINUOUSLY15 AUDIO RECORDED.16 (II) ON AND AFTER JULY 1, 2026, A TRANSPORTATION NETWORK17 COMPANY SHALL:18 (A) ENSURE THAT CONTINUOUS AUDIO AND VIDEO RECORDING OF19 THE DRIVER IS CONDUCTED FOR EACH PREARRANGED RIDE FROM WHEN20 THE DRIVER PICKS UP THE RIDER IN A PERSONAL VEHICLE UNTIL WHEN THE21 RIDER DEPARTS FROM THE PERSONAL VEHICLE ;22 (B) NOTIFY THE DRIVER IN AN ONLINE APPLICATION THAT EACH23 PREARRANGED RIDE IS CONTINUOUSLY AUDIO AND VIDEO RECORDED ; AND24 (C) ENSURE THAT EACH RIDER IN A PREARRANGED RIDE IS25 NOTIFIED IN THE PERSONAL VEHICLE THAT THE RIDE IS CONTINUOUSLY26 AUDIO AND VIDEO RECORDED .27 1291 -13- (b) ON OR BEFORE DECEMBER 1, 2025, THE COMMISSION SHALL1 ADOPT RULES:2 (I) ESTABLISHING REQUIREMENTS FOR RETENTION OF, ACCESS TO,3 STORAGE OF, AND ENCRYPTION OF AUDIO AND VIDEO RECORDING4 CONDUCTED PURSUANT TO SUBSECTION (7.5)(a) OF THIS SECTION;5 (II) REQUIRING A TRANSPORTATION NETWORK COMPANY TO6 REIMBURSE A DRIVER FOR PURCHASING TECHNOLOGY TO ENABLE AUDIO7 AND VIDEO RECORDING CONDUCTED PURSUANT TO SUBSECTION (7.5)(a)8 OF THIS SECTION; AND9 (III) GOVERNING TECHNOLOGY FAILURES RELATED TO AUDIO AND10 VIDEO RECORDING CONDUCTED PURSUANT TO SUBSECTION (7.5)(a) OF THIS11 SECTION.12 (7.7) A DRIVER OR A RIDER SHALL NOT PROVIDE , OFFER TO13 PROVIDE, SELL, OR OFFER TO SELL TO ANOTHER DRIVER OR RIDER FOOD OR14 A BEVERAGE.15 (7.8) (a) A TRANSPORTATION NETWORK COMPANY SHALL NOT :16 (I) ALTER THE RATING A RIDER ASSIGNED A DRIVER OR THE RATING17 A DRIVER ASSIGNED A RIDER ON A TRANSPORTATION NETWORK COMPANY 'S18 DIGITAL PLATFORM;19 (II) ASSIGN AN AUTOMATIC OR DEFAULT DRIVER RATING THAT THE20 RIDER DID NOT ASSIGN; OR21 (III) ASSIGN AN AUTOMATIC OR DEFAULT RIDER RATING THAT THE22 DRIVER DID NOT ASSIGN.23 (b) A TRANSPORTATION NETWORK COMPANY SHALL ENSURE THAT : 24 (I) ALL RIDER-SUBMITTED COMMENTS REVIEWING A DRIVER ARE25 VISIBLE TO ALL OTHER RIDERS ON THE TRANSPORTATION NETWORK26 COMPANY'S DIGITAL PLATFORM; AND27 1291 -14- (II) ALL DRIVER-SUBMITTED COMMENTS REVIEWING A RIDER ARE1 VISIBLE TO ALL OTHER DRIVERS ON THE TRANSPORTATION NETWORK2 COMPANY'S DIGITAL PLATFORM.3 (11) SUBSECTIONS (3)(c)(VII), (3)(c)(IX), (3)(d), (3)(e), (7)(c),4 (7.5), AND (7.7) OF THIS SECTION DO NOT APPLY TO A TRANSPORTATION5 NETWORK COMPANY THAT :6 (a) EITHER SERVES RIDERS AT LEAST SEVENTY-FIVE PERCENT OF7 WHOM ARE UNDER THE AGE OF EIGHTEEN OR EARNS AT LEAST NINETY8 PERCENT OF THE TRANSPORTATION NETWORK COMPANY'S REVENUE FROM9 CONTRACTS WITH A PUBLIC OR PRIVATE SCHOOL , THE FEDERAL10 GOVERNMENT, THE STATE, OR AN AGENCY OR A POLITICAL SUBDIVISION OF11 THE FEDERAL GOVERNMENT OR OF THE STATE ; AND12 (b) HAS AT LEAST NINETY PERCENT OF THE TRANSPORTATION13 NETWORK COMPANY'S DRIVERS IN COMPLIANCE WITH THE COMMISSION'S14 RULES PROMULGATED PURSUANT TO SECTION 40-10.1-608 (3)(a).15 SECTION 4. In Colorado Revised Statutes, 40-10.1-609, add (3)16 and (4) as follows:17 40-10.1-609. Reporting requirements - report - rules. (3) ON18 OR BEFORE FEBRUARY 1, 2026, AND ON OR BEFORE FEBRUARY 1 EACH19 YEAR THEREAFTER, A TRANSPORTATION NETWORK COMPANY SHALL20 SUBMIT A REPORT THAT INCLUDES THE FOLLOWING DATA TO THE21 COMMISSION, THE ATTORNEY GENERAL, AND EACH MEMBER OF THE22 GENERAL ASSEMBLY:23 (a) THE NUMBER OF REPORTED SAFETY INCIDENTS INVOLVING A24 DRIVER WHO PROVIDED SERVICES FOR OR A RIDER WHO RECEIVED25 SERVICES FROM THE TRANSPORTATION NETWORK COMPANY IN THE26 PRECEDING CALENDAR YEAR. THE REPORT MUST INCLUDE THE NUMBER OF27 1291 -15- REPORTED INSTANCES OF:1 (I) PHYSICAL ASSAULT;2 (II) SEXUAL ASSAULT;3 (III) VERBAL THREATS;4 (IV) STALKING;5 (V) HARASSMENT;6 (VI) THEFT;7 (VII) A MOTOR VEHICLE ACCIDENT, INCLUDING AN INDICATION OF8 WHETHER THE DRIVER WAS AT FAULT OR THE DRIVER WAS NOT AT FAULT;9 AND10 (VIII) HOMICIDE; AND11 (b) THE NUMBER OF REPORTED INCIDENTS OF DISCRIMINATORY12 SPEECH OR DISCRIMINATORY CONDUCT INVOLVING A DRIVER WHO13 PROVIDED SERVICES FOR OR A RIDER WHO RECEIVED SERVICES FROM THE14 TRANSPORTATION NETWORK COMPANY .15 (4) SUBSECTION (3) OF THIS SECTION DOES NOT APPLY TO A16 TRANSPORTATION NETWORK COMPANY THAT :17 (a) EITHER SERVES RIDERS AT LEAST SEVENTY-FIVE PERCENT OF18 WHOM ARE UNDER THE AGE OF EIGHTEEN OR EARNS AT LEAST NINETY19 PERCENT OF THE TRANSPORTATION NETWORK COMPANY'S REVENUE FROM20 CONTRACTS WITH A PUBLIC OR PRIVATE SCHOOL , THE FEDERAL21 GOVERNMENT, THE STATE, OR AN AGENCY OR A POLITICAL SUBDIVISION OF22 THE FEDERAL GOVERNMENT OR OF THE STATE ; AND23 (b) HAS AT LEAST NINETY PERCENT OF THE TRANSPORTATION24 NETWORK COMPANY'S DRIVERS IN COMPLIANCE WITH THE COMMISSION'S25 RULES PROMULGATED PURSUANT TO SECTION 40-10.1-608 (3)(a).26 SECTION 5. In Colorado Revised Statutes, add 40-10.1-610 as27 1291 -16- follows:1 40-10.1-610. Consumer protection - waiver of rights void -2 biometric data and biometric identifiers - safety policies - training -3 data retention - rules. (1) A PROVISION IN A CONTRACT BETWEEN A4 TRANSPORTATION NETWORK COMPANY AND A RIDER IS VOID AS AGAINST5 PUBLIC POLICY IF THE PROVISION ATTEMPTS TO WAIVE OR WAIVES :6 (a) A RIGHT SPECIFIED IN THIS PART 6;7 (b) A RIGHT PROVIDED BY THE "COLORADO CONSUMER8 PROTECTION ACT", ARTICLE 1 OF TITLE 6; OR9 (c) THE RIGHT TO A JURY TRIAL.10 (2) (a) WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS11 SECTION, A TRANSPORTATION NETWORK COMPANY SHALL :12 (I) DEVELOP A POLICY TO PREVENT IMPOSTER ACCOUNTS,13 ACCOUNT SHARING, AND ACCOUNT RENTING;14 (II) DEVELOP A POLICY TO PREVENT SEXUAL ASSAULT, PHYSICAL15 ASSAULT, AND HOMICIDE AGAINST OR COMMITTED BY THE16 TRANSPORTATION NETWORK COMPANY 'S DRIVERS;17 (III) DEVELOP AND ENFORCE A POLICY PROHIBITING THE18 TRANSPORT OF AN UNACCOMPANIED MINOR UNLESS THE MINOR IS PART OF19 A DULY AUTHORIZED FAMILY ACCOUNT, IN WHICH A PARENT OR GUARDIAN20 MUST BE PRESENT WHEN THE MINOR ENTERS THE VEHICLE OR CONFIRMS21 AUTHORIZATION FOR THE PREARRANGED RIDE ;22 (IV) EXCEPT AS AUTHORIZED IN A POLICY DEVELOPED PURSUANT23 TO SUBSECTION (2)(a)(III) OF THIS SECTION, DEVELOP A POLICY THAT24 ALLOWS A DRIVER TO REFUSE A PREARRANGED RIDE TO AN INDIVIDUAL25 WHO IS NOT AUTHORIZED TO USE THE ACCOUNT REQUESTING THE26 PREARRANGED RIDE. THE POLICY MUST ENSURE THAT THE DRIVER IS NOT27 1291 -17- PENALIZED BY THE TRANSPORTATION NETWORK COMPANY FOR REFUSING1 A PREARRANGED RIDE TO AN INDIVIDUAL WHO IS NOT THE AUTHORIZED2 RIDER ON THE ACCOUNT REQUESTING THE PREARRANGED RIDE .3 (V) DEVELOP A POLICY ESTABLISHING PROCEDURES FOR4 DEACTIVATION OF A DRIVER IF THE TRANSPORTATION NETWORK COMPANY5 IS NOTIFIED OF AN ALLEGATION AGAINST A DRIVER AS DESCRIBED IN6 SECTION 40-10.1-605 (3)(d);7 (VI) DEVELOP A POLICY TO NOTIFY AND TRAIN DRIVERS AND8 RIDERS OF ANY UPDATES TO TRANSPORTATION NETWORK COMPANY9 POLICIES IMPACTING DRIVERS AND RIDERS;10 (VII) DEVELOP A POLICY REQUIRING DRIVERS TO REPORT AND A11 PROCESS FOR DRIVERS TO REPORT INFORMATION REGARDING A12 CONVICTION OF OR A PLEA OF GUILTY OR NOLO CONTENDERE TO THE13 OFFENSES DESCRIBED IN SECTION 40-10.1-605 (3)(c)(I);14 (VIII) DEVELOP A POLICY TO PREVENT CRIMES COMMITTED15 AGAINST DRIVERS BY RIDERS;16 (IX) PROVIDE COPIES OF THE POLICIES CREATED PURSUANT TO THIS17 SUBSECTION (2) TO THE ATTORNEY GENERAL AND TO THE COMMISSION;18 AND19 (X) PROVIDE COPIES OF THE POLICIES CREATED PURSUANT TO THIS20 SUBSECTION (2) TO EVERY DRIVER WHO PROVIDES SERVICES FOR THE21 TRANSPORTATION NETWORK COMPANY .22 (b) WITHIN TEN BUSINESS DAYS AFTER AN UPDATE TO A POLICY23 CREATED PURSUANT TO THIS SUBSECTION (2), A TRANSPORTATION24 NETWORK COMPANY SHALL PROVIDE A COPY OF THE UPDATED POLICY TO25 THE ATTORNEY GENERAL , THE COMMISSION, AND EVERY DRIVER WHO26 PROVIDES SERVICES FOR THE TRANSPORTATION NETWORK COMPANY .27 1291 -18- (3) (a) A TRANSPORTATION NETWORK COMPANY SHALL NOT1 COLLECT BIOMETRIC DATA OR BIOMETRIC IDENTIFIERS FROM A DRIVER OR2 RIDER WITHOUT FIRST OBTAINING THE CONSENT OF THE DRIVER OR RIDER.3 (b) IF A TRANSPORTATION NETWORK COMPANY COLLECTS4 BIOMETRIC DATA OR BIOMETRIC IDENTIFIERS FROM A DRIVER OR RIDER ,5 THE TRANSPORTATION NETWORK COMPANY SHALL COMPLY WITH SECTION6 6-1-1314.7 (4) (a) A TRANSPORTATION NETWORK COMPANY SHALL PROCESS8 DATA IN COMPLIANCE WITH THE "COLORADO PRIVACY ACT", PART 13 OF9 ARTICLE 1 OF TITLE 6.10 (b) WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS11 SECTION, THE COMMISSION SHALL ADOPT RULES GOVERNING THE12 RETENTION, STORAGE, AND USE OF AND ACCESS TO THE DATA COLLECTED13 BY A TRANSPORTATION NETWORK COMPANY .14 (c) UNTIL THE COMMISSION ADOPTS RULES GOVERNING DATA15 COLLECTED BY A TRANSPORTATION NETWORK COMPANY PURSUANT TO16 SUBSECTION (4)(b) OF THIS SECTION, A TRANSPORTATION NETWORK17 COMPANY SHALL RETAIN ALL AUDIO AND VIDEO RECORDINGS FROM A18 PREARRANGED RIDE FOR THIRTY DAYS AFTER THE PREARRANGED RIDE;19 EXCEPT THAT, IF A PERSON FILES A COMPLAINT AGAINST A20 TRANSPORTATION NETWORK COMPANY WITH THE COMMISSION OR A21 PREARRANGED RIDE IS THE SUBJECT OF AN ACTIVE LAW ENFORCEMENT22 INVESTIGATION, THE TRANSPORTATION NETWORK COMPANY SHALL RETAIN23 THE AUDIO AND VIDEO RECORDING FOR ONE YEAR OR UNTIL THE24 INVESTIGATION IS COMPLETED, WHICHEVER IS LONGER.25 (d) WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS26 SECTION, THE COMMISSION SHALL ADOPT RULES GOVERNING A27 1291 -19- COMPLAINANT'S ACCESS TO THE DATA COLLECTED BY A TRANSPORTATION1 NETWORK COMPANY RELATED TO A COMPLAINT FILED PURSUANT TO2 SECTION 40-10.1-605 (3)(d)(I).3 (5) THIS SECTION DOES NOT APPLY TO A TRANSPORTATION4 NETWORK COMPANY THAT :5 (a) EITHER SERVES RIDERS AT LEAST SEVENTY-FIVE PERCENT OF6 WHOM ARE UNDER THE AGE OF EIGHTEEN OR EARNS AT LEAST NINETY7 PERCENT OF THE TRANSPORTATION NETWORK COMPANY'S REVENUE FROM8 CONTRACTS WITH A PUBLIC OR PRIVATE SCHOOL, THE FEDERAL9 GOVERNMENT, THE STATE, OR AN AGENCY OR A POLITICAL SUBDIVISION OF10 THE FEDERAL GOVERNMENT OR OF THE STATE ; AND11 (b) HAS AT LEAST NINETY PERCENT OF THE TRANSPORTATION12 NETWORK COMPANY'S DRIVERS IN COMPLIANCE WITH THE COMMISSION'S13 RULES PROMULGATED PURSUANT TO SECTION 40-10.1-608 (3)(a).14 SECTION 6. In Colorado Revised Statutes, 40-7-113, aend (1)15 introductory portion and (1)(g); and add (1)(b.5) as follows:16 40-7-113. Civil penalties - fines. (1) In addition to any other17 penalty otherwise authorized by law and except as otherwise provided in18 subsections (3) and (4) of this section, any A person who THAT violates19 article 10.1 or 10.5 of this title 40 or any A rule promulgated ADOPTED by20 the commission pursuant to article 10.1 or 10.5 OF THIS TITLE 40, which21 article or rule is applicable to the person, may be subject to fines as22 specified in the following paragraphs FOLLOWS:23 (b.5) A TRANSPORTATION NETWORK COMPANY THAT VIOLATES24 PART 6 OF ARTICLE 10.1 OF THIS TITLE 40 MAY BE ASSESSED A CIVIL25 PENALTY AS DETERMINED BY THE COMMISSION BY RULE .26 (g) A person who THAT violates any A provision of article 10.1 or27 1291 -20- 10.5 of this title 40 not enumerated in subsection (1)(a), (1)(b), (1)(b.5),1 or (1)(e) of this section, any A rule promulgated ADOPTED by the2 commission pursuant to this title 40, or any A safety rule adopted by the3 department of public safety relating to motor carriers as defined in section4 40-10.1-101 may be assessed a civil penalty of not more than one5 thousand one hundred dollars; except that any A person who THAT6 violates a safety rule promulgated ADOPTED by the commission is subject7 to the civil penalties authorized pursuant to 49 CFR 386, subpart G, and8 associated appendices to part 386 49 CFR 386, as the subpart existed on9 January 1, 2017.10 SECTION 7. Applicability. This act applies to offenses11 committed on or after the effective date of this act.12 SECTION 8. Safety clause. The general assembly finds,13 determines, and declares that this act is necessary for the immediate14 preservation of the public peace, health, or safety or for appropriations for15 the support and maintenance of the departments of the state and state16 institutions.17 1291 -21-