Colorado 2025 Regular Session

Colorado House Bill HB1291 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0318.01 Josh Schultz x5486
8	8		HOUSE BILL 25-1291
9	9		House Committees Senate Committees
10	10		Business Affairs & Labor
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING MEASURES TO INCREAS E PROTECTIONS FOR PERSONS101
14	14		ENGAGED WITH TRANSPORTATION NETWORK COMPANIES .102
15	15		Bill Summary
16	16		(Note: This summary applies to this bill as introduced and does
17	17		not reflect any amendments that may be subsequently adopted. If this bill
18	18		passes third reading in the house of introduction, a bill summary that
19	19		applies to the reengrossed version of this bill will be available at
20	20		http://leg.colorado.gov
21	21		.)
22	22		The bill prohibits a transportation network company (TNC) driver
23	23		from driving or offering to drive for more than 10 consecutive hours.
24	24		Current law requires that, before an individual is permitted to act
25	25		as a driver through the use of a TNC's digital network, the individual shall
26	26		obtain a criminal history record check. The bill requires that the TNC
27	27		procure a criminal history record check for the individual before the
28	28		HOUSE
29		-	3rd Reading Unamended
30		-	April 16, 2025
31		-	HOUSE
32	29		Amended 2nd Reading
33	30		April 15, 2025
34	31		HOUSE SPONSORSHIP
35		-	Willford and Froelich, Lieder, Bacon, Bird, Boesenecker, Bradley, Brown, Camacho,
36		-	Clifford, Duran, English, Espenoza, Feret, Garcia, Gilchrist, Hamrick, Jackson, Joseph,
37		-	Keltie, Lindsay, Lindstedt, Lukens, Mabrey, Marshall, Martinez, Mauro, McCormick,
38		-	Paschal, Phillips, Ricks, Rutinel, Rydin, Sirota, Smith, Stewart K., Stewart R., Story, Taggart,
39		-	Titone, Valdez, Velasco, Woodrow, Zokaie
	32	+	Willford and Froelich, Lieder
40	33		SENATE SPONSORSHIP
41	34		Winter F. and Danielson, Kipp, Weissman
42	35		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
43	36		Capital letters or bold & italic numbers indicate new material to be added to existing law.
44	37		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
45	38		after the initial criminal history record check. The bill requires that the
46	39		criminal history record check be a fingerprint-based criminal history
47	40		record check and eliminates the option for the individual to fulfill the
48	41		requirement through a privately administered national criminal history
49	42		record check.
50	43		Before each prearranged ride, a TNC shall verify that a driver
51	44		providing the prearranged ride is the same driver authorized by the TNC
52	45		to provide the prearranged ride through one of the following methods:
53	46		! An in-vehicle dash camera;
54	47		! A live self-identification photograph or video;
55	48		! Biometric verification by fingerprint or optical scan; or
56	49		! Another method that effectively verifies that the driver
57	50		providing the prearranged ride is the same driver
58	51		authorized by the TNC for that prearranged ride.
59	52		If a person files a complaint with the public utilities commission
60	53		(commission) against a TNC or a driver, the TNC shall, upon request
61	54		from the person filing the complaint, provide the person filing the
62	55		complaint all known and available data, photographs, and video related
63	56		to the prearranged ride that is the subject of the complaint. After a person
64	57		files a complaint against a TNC or a driver, the TNC is required to
65	58		respond to a request for information from the person, the commission, a
66	59		court, a district attorney, the attorney general, or a law enforcement
67	60		agency no later than 24 hours after the request is made.
68	61		In addition to enforcement by the commission, the bill authorizes
69	62		the attorney general or a person injured or harmed by an alleged violation
70	63		of the bill to initiate a civil proceeding in a district court against a TNC
71	64		or a driver that violates the bill.
72	65		The bill requires a TNC to ensure that each prearranged ride is
73	66		continuously audio and video recorded from when the driver picks up the
74	67		rider until when the rider departs from the driver's vehicle. A rider or
75	68		driver may opt out of the continuous audio and video recording.
76	69		The bill requires that, on or before February 1, 2026, and on or
77	70		before February 1 each year thereafter, a TNC shall submit specified data
78	71		to the commission, the attorney general, the house of representatives
79	72		judiciary committee, and the senate judiciary committee.
80	73		A provision in a contract between a TNC and a rider is declared
81	74		void as against public policy if the provision attempts or purports to
82	75		waive specified rights.
83	76		The bill requires a TNC to develop policies to:
84	77		! Prevent imposter accounts, account sharing, and account
85	78		renting;
86	79		! Prevent sexual assault, physical assault, and homicide
87	80		against or committed by the TNC's drivers; and
88	81		! Allow drivers and riders to opt out of continuous audio and
89	82		1291
90	83		-2- video recording during a prearranged ride.
91	84		The following actions are made a deceptive trade practice in
92	85		violation of the "Colorado Consumer Protection Act":
93	86		! A violation of the "Transportation Network Company Act";
94	87		and
95	88		! Altering the rating that a rider assigned a driver on a TNC's
96	89		digital network or assigning an automatic or default driver
97	90		rating that the rider did not assign.
98	91		Be it enacted by the General Assembly of the State of Colorado:1
99	92		SECTION 1. Legislative declaration. (1) The general assembly2
100	93		finds that:3
101	94		(a) Coloradans increasingly rely on a range of transportation4
102	95		modes, including transportation network companies, to travel to work,5
103	96		school, medical appointments, social gatherings, and more;6
104	97		(b) Unlike traditional transportation providers, transportation7
105	98		network companies exercise full control over their platforms while8
106	99		classifying drivers as independent contractors rather than employees;9
107	100		(c) Transportation network companies market their services as10
108	101		safe and convenient for vulnerable populations, including children,11
109	102		individuals with disabilities, and people seeking a responsible ride home12
110	103		after consuming alcohol. However, transportation network company13
111	104		drivers and riders have reported incidents of fraud, sexual assault,14
112	105		physical assault, and homicide.15
113	106		(d) According to the national institutes of health, drivers providing16
114	107		transportation network company services have an accident rate and a fatal17
115	108		crash incidence rate that is higher than the general population, partly due18
116	109		to the increased hours of driving and driver fatigue;19
117	110		(e) According to a study conducted by the University of Chicago,20
118	111		transportation network companies account for about a 3% annual increase21
119	112		1291-3- in traffic-related fatalities, or roughly 987 people, including pedestrians,1
120	113		each year. This increase is due, in part, to the large number of drivers2
121	114		needed to provide quick response times.3
122	115		(f) Transportation network companies have failed to develop and4
123	116		fully implement adequate protections on their own volition, despite5
124	117		having direct knowledge of serious safety risks to riders and drivers;6
125	118		(g) Transportation network companies have not effectively7
126	119		prevented the widespread problem of account sharing, where authorized8
127	120		drivers give unauthorized individuals access to their profiles, allowing9
128	121		unauthorized individuals to bypass security measures. Account sharing10
129	122		undermines security and puts riders and the public at risk of harm.11
130	123		(h) Transportation network companies have long been aware of12
131	124		the systemic problem of sexual assaults committed by their drivers.13
132	125		Internal safety reports confirm thousands of reported sexual assaults over14
133	126		multiple years, yet transportation network companies have not15
134	127		implemented meaningful reforms. The actual number of incidents is16
135	128		likely far higher, as studies show that only 30% of sexual assaults are17
136	129		reported, meaning thousands more victims may have been harmed.18
137	130		Transportation network companies have faced lawsuits from passengers19
138	131		and their own shareholders for failing to disclose the extent of the20
139	132		problem.21
140	133		(i) Transportation network companies prioritize profits over rider22
141	134		safety, rolling back protections despite billions of dollars in revenue. The23
142	135		cost of a background check is negligible compared to the24
143	136		multibillion-dollar net worth and profit of the industry.25
144	137		(2) Therefore, the general assembly declares that the people of26
145	138		Colorado require legislation to ensure that all transportation modes,27
146	139		1291
147	140		-4- including transportation network companies, are safe, reliable, and just1
148	141		and that the people of Colorado have a transportation system that2
149	142		prioritizes their safety.3
150	143		SECTION 2. In Colorado Revised Statutes, 40-10.1-602, amend4
151	144		(1); and add (1.1), (1.3), (1.5), and (1.7) as follows:5
152	145		40-10.1-602. Definitions. As used in this part 6, unless the6
153	146		context otherwise requires:7
154	147		(1) (a) "Personal vehicle" means a vehicle that is used by a8
155	148		transportation network company driver in connection with providing9
156	149		services for a transportation network company that meets the vehicle10
157	150		criteria set forth in this part 6 "BIOMETRIC DATA" MEANS ONE OR MORE11
158	151		BIOMETRIC IDENTIFIERS THAT ARE USED OR INTENDED TO BE USED, SINGLY12
159	152		OR IN COMBINATION WITH EACH OTHER OR WITH OTHER PERSONAL DATA,13
160	153		FOR IDENTIFICATION PURPOSES.14
161	154		(b) "BIOMETRIC DATA" DOES NOT INCLUDE THE FOLLOWING15
162	155		UNLESS THE BIOMETRIC DATA IS USED FOR IDENTIFICATION PURPOSES :16
163	156		(I) A DIGITAL OR PHYSICAL PHOTOGRAPH;17
164	157		(II) AN AUDIO OR VOICE RECORDING; OR18
165	158		(III) ANY DATA GENERATED FROM A DIGITAL OR PHYSICAL19
166	159		PHOTOGRAPH OR AN AUDIO OR VIDEO RECORDING .20
167	160		(1.1) "BIOMETRIC IDENTIFIER" MEANS DATA GENERATED BY THE21
168	161		TECHNOLOGICAL PROCESSING, MEASUREMENT, OR ANALYSIS OF A22
169	162		CONSUMER'S BIOLOGICAL, PHYSICAL, OR BEHAVIORAL CHARACTERISTICS,23
170	163		WHICH DATA CAN BE PROCESSED FOR THE PURPOSE OF UNIQUELY24
171	164		IDENTIFYING AN INDIVIDUAL. "BIOMETRIC IDENTIFIER" INCLUDES:25
172	165		(a) A FINGERPRINT;26
173	166		(b) A VOICEPRINT;27
174	167		1291
175	168		-5- (c) A SCAN OR RECORD OF AN EYE RETINA OR IRIS;1
176	169		(d) A FACIAL MAP, FACIAL GEOMETRY, OR FACIAL TEMPLATE; OR2
177	170		(e) OTHER UNIQUE BIOLOGICAL , PHYSICAL, OR BEHAVIORAL3
178	171		PATTERNS OR CHARACTERISTICS .4
179	172		(1.3) "MINOR" MEANS AN INDIVIDUAL UNDER EIGHTEEN YEARS OF5
180	173		AGE.6
181	174		(1.5) "NAME-BASED JUDICIAL RECORD CHECK" HAS THE MEANING7
182	175		SET FORTH IN SECTION 22-2-119.3 (6)(d).8
183	176		(1.7) "PERSONAL VEHICLE" MEANS A VEHICLE THAT IS USED BY A9
184	177		TRANSPORTATION NETWORK COMPANY DRIVER IN CONNECTION WITH10
185	178		PROVIDING SERVICES FOR A TRANSPORTATION NETWORK COMPANY AND11
186	179		THAT MEETS THE VEHICLE CRITERIA SET FORTH IN THIS PART 6.12
187	180		SECTION 3. In Colorado Revised Statutes, 40-10.1-605, amend13
188	181		(3)(b), (3)(c)(I), (3)(c)(II), and (5); and add (3)(b.5), (3)(c)(V), (3)(c)(VI),14
189	182		(3)(c)(VII), (3)(c)(VIII), (3)(c)(IX), (3)(d), (3)(e), (7)(c), (7.5), (7.7),15
190	183		(7.8), and (11) as follows:16
191	184		40-10.1-605. Operational requirements - criminal history17
192	185		record check - driver verification - civil action - audio and video18
193	186		recording - deactivation - offering food or beverage prohibited -19
194	187		reviews and ratings - rules. (3) (b) A driver TRANSPORTATION20
195	188		NETWORK COMPANY shall obtain PROCURE a PRIVATELY ADMINISTERED21
196	189		criminal history record check in accordance with subparagraph (I) of22
197	190		paragraph (a) of this subsection (3) FOR EACH INDIVIDUAL SERVING AS A23
198	191		DRIVER THROUGH USE OF THE TRANSPORTATION NETWORK COMPANY'S24
199	192		DIGITAL NETWORK every five years SIX MONTHS while serving THE25
200	193		INDIVIDUAL SERVES as a driver.26
201	194		(b.5) A TRANSPORTATION NETWORK COMPANY SHALL PAY THE27
202	195		1291
203	196		-6- COSTS OF A CRIMINAL HISTORY RECORD CHECK CONDUCTED PURSUANT TO1
204	197		THIS SUBSECTION (3).2
205	198		(c) (I) A person AN INDIVIDUAL who has been convicted of or pled3
206	199		guilty or nolo contendere to driving under the influence of drugs or4
207	200		alcohol in the previous seven THREE years before applying to become a5
208	201		driver shall not serve as a driver. If the criminal history record check6
209	202		PERFORMED PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION reveals that7
210	203		the person INDIVIDUAL has ever been convicted of or pled guilty or nolo8
211	204		contendere to any of the following felony offenses, the person9
212	205		INDIVIDUAL shall not serve as a driver:10
213	206		(A) An A FELONY offense involving fraud, as described in article11
214	207		5 of title 18; C.R.S.;12
215	208		(B) An offense involving unlawful sexual behavior, as defined in13
216	209		section 16-22-102 (9); C.R.S.;14
217	210		(C) An A FELONY offense against property, as described in article15
218	211		4 of title 18; C.R.S.; or16
219	212		(D) A crime of violence, as described in section 18-1.3-406;17
220	213		C.R.S.18
221	214		(E) AN OFFENSE INVOLVING DOMESTIC VIOLENCE , AS DEFINED IN19
222	215		SECTION 18-6-800.3 (1);20
223	216		(F) AN OFFENSE INVOLVING STALKING, AS DESCRIBED IN SECTION21
224	217		18-3-602;22
225	218		(G) AN OFFENSE INVOLVING HARASSMENT , AS DESCRIBED IN23
226	219		SECTION 18-9-111; OR24
227	220		(H) AN OFFENSE INVOLVING MENACING, AS DESCRIBED IN SECTION25
228	221		18-3-206.26
229	222		(II) A person AN INDIVIDUAL who has been convicted of OR PLED27
230	223		1291
231	224		-7- GUILTY OR NOLO CONTENDERE TO a comparable offense to the offenses1
232	225		listed in subparagraph (I) of this paragraph (c) SUBSECTION (3)(c)(I) OF2
233	226		THIS SECTION in another state or in the United States shall not serve as a3
234	227		driver.4
235	228		(V) A DRIVER WHO HAS BEEN CONVICTED OF OR PLED GUILTY OR5
236	229		NOLO CONTENDERE TO AN OFFENSE LISTED IN SUBSECTION (3)(c)(I) OF6
237	230		THIS SECTION SHALL NOTIFY THE TRANSPORTATION NETWORK COMPANY7
238	231		WITHIN FORTY-EIGHT HOURS AFTER THE INDIVIDUAL'S CONVICTION WAS8
239	232		PRONOUNCED OR PLEA WAS ENTERED .9
240	233		(VI) AN INDIVIDUAL WHO HAS BEEN CONVICTED OF OR PLED10
241	234		GUILTY OR NOLO CONTENDERE TO DRIVING UNDER THE INFLUENCE OF11
242	235		DRUGS OR ALCOHOL SHALL NOT SERVE AS A DRIVER FOR THREE YEARS12
243	236		AFTER THE CONVICTION WAS PRONOUNCED OR THE PLEA WAS ENTERED .13
244	237		(VII) AN INDIVIDUAL WHO HAS BEEN DISQUALIFIED OR REMOVED14
245	238		FROM DRIVING FOR A TRANSPORTATION SERVICE REGULATED UNDER THIS15
246	239		TITLE 40 OR DISQUALIFIED OR REMOVED FROM DRIVING UNDER A16
247	240		SUBSTANTIALLY SIMILAR LAW OF ANOTHER STATE FOR AN INCIDENT17
248	241		INVOLVING ANY OF THE FOLLOWING ACTIVITIES SHALL NOT SERVE AS A18
249	242		DRIVER:19
250	243		(A) PHYSICAL ASSAULT;20
251	244		(B) SEXUAL ASSAULT;21
252	245		(C) HARASSMENT;22
253	246		(D) KIDNAPPING;23
254	247		(E) FELONY ROBBERY;24
255	248		(F) MENACING;25
256	249		(G) ACCOUNT SHARING; OR26
257	250		(H) IMPERSONATING A DRIVER.27
258	251		1291
259	252		-8- (VIII) AN INDIVIDUAL SHALL NOT SERVE AS A DRIVER FOR A1
260	253		TRANSPORTATION NETWORK COMPANY IF THE INDIVIDUAL :2
261	254		(A) HAS AN AUTHORIZED PROFILE TO DRIVE FOR A3
262	255		TRANSPORTATION NETWORK COMPANY ; AND4
263	256		(B) IS CONFIRMED BY A TRANSPORTATION NETWORK COMPANY TO5
264	257		HAVE ALLOWED ANOTHER INDIVIDUAL TO DRIVE FOR THE6
265	258		TRANSPORTATION NETWORK COMPANY UNDER THE AUTHORIZED PROFILE7
266	259		OR HAS USED ANOTHER INDIVIDUAL'S AUTHORIZED PROFILE TO ACCEPT A8
267	260		PREARRANGED RIDE FOR A TRANSPORTATION NETWORK COMPANY .9
268	261		(IX) IF A PERSON FILES A COMPLAINT WITH A TRANSPORTATION10
269	262		NETWORK COMPANY OR THE COMMISSION REGARDING THE ALLEGATIONS11
270	263		DESCRIBED IN SUBSECTION (3)(d)(I) OF THIS SECTION AGAINST AN12
271	264		INDIVIDUAL ACTING AS A DRIVER THROUGH USE OF THE TRANSPORTATION13
272	265		NETWORK COMPANY'S DIGITAL NETWORK, THE TRANSPORTATION14
273	266		NETWORK COMPANY SHALL PROCURE A PRIVATELY ADMINISTERED15
274	267		CRIMINAL HISTORY RECORD CHECK FOR THE INDIVIDUAL ACTING AS A16
275	268		DRIVER.17
276	269		(d) (I) A TRANSPORTATION NETWORK COMPANY SHALL INITIATE18
277	270		A REVIEW OF A DRIVER FOR DEACTIVATION PURSUANT TO SUBSECTION19
278	271		(3)(d)(II) OF THIS SECTION IF THE TRANSPORTATION NETWORK COMPANY20
279	272		IS NOTIFIED THROUGH A COMPLAINT FILED WITH THE TRANSPORTATION21
280	273		NETWORK COMPANY OR THE COMMISSION OR THROUGH CONTACT BY THE22
281	274		COMMISSION, THE OFFICE OF THE ATTORNEY GENERAL, A DISTRICT23
282	275		ATTORNEY'S OFFICE, OR LAW ENFORCEMENT AGENCY REGARDING AN24
283	276		ALLEGATION AGAINST THE DRIVER OF :25
284	277		(A) PHYSICAL ASSAULT;26
285	278		(B) SEXUAL ASSAULT;27
286	279		1291
287	280		-9- (C) KIDNAPPING;1
288	281		(D) FELONY ROBBERY;2
289	282		(E) MENACING; OR3
290	283		(F) HOMICIDE.4
291	284		(II) WITHIN SEVENTY-TWO HOURS AFTER RECEIVING NOTICE OF AN5
292	285		ALLEGATION AGAINST A DRIVER AS DESCRIBED IN SUBSECTION (3)(d)(I) OF6
293	286		THIS SECTION, THE TRANSPORTATION NETWORK COMPANY SHALL REVIEW7
294	287		THE AVAILABLE EVIDENCE AND, IF THE TRANSPORTATION NETWORK8
295	288		COMPANY DETERMINES THAT THE ALLEGATION IS MORE THAN LIKELY TO9
296	289		HAVE OCCURRED, THE TRANSPORTATION NETWORK COMPANY SHALL10
297	290		DEACTIVATE THE DRIVER FROM THE TRANSPORTATION NETWORK11
298	291		COMPANY'S DIGITAL PLATFORM IN ACCORDANCE WITH THE12
299	292		TRANSPORTATION NETWORK COMPANY 'S DEACTIVATION AND SUSPENSION13
300	293		POLICY DEVELOPED PURSUANT TO SECTION 8-4-127.14
301	294		(e) (I) A DRIVER WHO HAS BEEN DEACTIVATED PURSUANT TO15
302	295		SUBSECTION (3)(d) OF THIS SECTION MAY, WITHIN THIRTY CALENDAR DAYS16
303	296		AFTER RECEIVING A WRITTEN NOTICE OF THE DEACTIVATION, CHALLENGE,17
304	297		IN WRITING, THE DEACTIVATION WITH THE TRANSPORTATION NETWORK18
305	298		COMPANY PURSUANT TO THE TRANSPORTATION NETWORK COMPANY 'S19
306	299		INTERNAL DEACTIVATION REVIEW PROCESS ESTABLISHED PURSUANT TO20
307	300		SECTION 8-4-127 (5).21
308	301		(II) A TRANSPORTATION NETWORK COMPANY SHALL CONDUCT AN22
309	302		INTERNAL DEACTIVATION RECONSIDERATION OF A CHALLENGED23
310	303		DEACTIVATION WITHIN FOURTEEN CALENDAR DAYS AFTER THE DRIVER24
311	304		MAKES THE WRITTEN REQUEST FOR DEACTIVATION RECONSIDERATION IN25
312	305		ACCORDANCE WITH SECTION 8-4-127 (5)(b); EXCEPT THAT THE26
313	306		TRANSPORTATION NETWORK COMPANY MAY NOTIFY THE DRIVER IN27
314	307		1291
315	308		-10- WRITING OF A CONTINUANCE OF THE DEACTIVATION RECONSIDERATION IF1
316	309		THE DRIVER HAS NOT PROVIDED SUFFICIENT EVIDENCE OR2
317	310		DOCUMENTATION FOR CONSIDERATION BY THE TRANSPORTATION3
318	311		NETWORK COMPANY OR IF CIRCUMSTANCES OUTSIDE OF THE4
319	312		TRANSPORTATION NETWORK COMPANY 'S CONTROL NECESSITATE5
320	313		ADDITIONAL TIME TO RECONSIDER THE CHALLENGED DEACTIVATION .6
321	314		(III) A TRANSPORTATION NETWORK COMPANY 'S INTERNAL7
322	315		DEACTIVATION REVIEW PROCESS DEVELOPED PURSUANT TO SECTION8
323	316		8-4-127 (5) MUST:9
324	317		(A) REQUIRE CONSIDERATION OF ALL RELEVANT, AVAILABLE10
325	318		INFORMATION;11
326	319		(B) BE CONDUCTED IN GOOD FAITH; AND12
327	320		(C) APPLY EVENHANDEDLY THE TRANSPORTATION NETWORK13
328	321		COMPANY'S DEACTIVATION POLICY , CONSISTENT WITH THE14
329	322		TRANSPORTATION NETWORK COMPANY 'S INTEREST IN SAFE AND EFFICIENT15
330	323		OPERATIONS.16
331	324		(IV) THE TRANSPORTATION NETWORK COMPANY 'S RESOLUTION OF17
332	325		A DRIVER'S CHALLENGE TO A DEACTIVATION MUST INCLUDE A WRITTEN18
333	326		STATEMENT THAT THE TRANSPORTATION NETWORK COMPANY SENDS THE19
334	327		DRIVER THROUGH THE TRANSPORTATION NETWORK COMPANY'S DIGITAL20
335	328		PLATFORM AND VIA EMAIL OR OTHER MECHANISM THAT THE21
336	329		TRANSPORTATION NETWORK COMPANY REASONABLY EXPECTS WILL22
337	330		REMAIN ACCESSIBLE TO THE DRIVER FOR AT LEAST ONE YEAR. THE23
338	331		WRITTEN STATEMENT MUST INCLUDE :24
339	332		(A) A DETERMINATION AFFIRMING DEACTIVATION AND INCLUDING25
340	333		A SUMMARY OF THE REASONS FOR THE DEACTIVATION AND A DESCRIPTION26
341	334		OF THE STEPS THE DRIVER MAY TAKE, IF ANY, TO REMEDY THE ALLEGED27
342	335		1291
343	336		-11- VIOLATION; OR1
344	337		(B) A DETERMINATION THAT THE DRIVER DID NOT VIOLATE THE2
345	338		TRANSPORTATION NETWORK COMPANY'S DEACTIVATION POLICY OR THAT3
346	339		THE DRIVER REMEDIED ANY VIOLATION OF THE POLICY , WHICH4
347	340		DETERMINATION MUST BE ACCOMPANIED BY REACTIVATION OF THE5
348	341		DRIVER'S ACCOUNT WITHIN TWENTY -FOUR HOURS AFTER THE6
349	342		DETERMINATION IS MADE.7
350	343		(V) THE TRANSPORTATION NETWORK COMPANY'S RESOLUTION OF8
351	344		A DRIVER'S CHALLENGE TO A DEACTIVATION MUST INCLUDE A WRITTEN9
352	345		STATEMENT THAT THE TRANSPORTATION NETWORK COMPANY SENDS THE10
353	346		PARTY THAT FILED A COMPLAINT PURSUANT TO SUBSECTION (3)(d)(I) OF11
354	347		THIS SECTION THROUGH THE TRANSPORTATION NETWORK COMPANY'S12
355	348		DIGITAL PLATFORM AND VIA EMAIL DETAILING THE DISPOSITION OF THE13
356	349		DRIVER'S CHALLENGE.14
357	350		(5) (a) If any A person files a complaint with the commission15
358	351		against a transportation network company or driver, the commission may16
359	352		inspect the transportation network company's records as reasonably17
360	353		necessary to investigate and resolve the complaint.18
361	354		(b) IF A PERSON FILES A COMPLAINT AGAINST A TRANSPORTATION19
362	355		NETWORK COMPANY OR DRIVER, THE TRANSPORTATION NETWORK20
363	356		COMPANY SHALL RESPOND TO A SUBPOENA OR SEARCH WARRANT FOR21
364	357		INFORMATION RELATED TO THE COMPLAINT FROM A COURT, THE OFFICE OF22
365	358		THE ATTORNEY GENERAL, A DISTRICT ATTORNEY 'S OFFICE, THE23
366	359		COMMISSION, OR A LAW ENFORCEMENT AGENCY NO LATER THAN24
367	360		FORTY-EIGHT HOURS AFTER THE REQUEST IS MADE .25
368	361		(7) (c) (I) THE ATTORNEY GENERAL OR A PERSON INJURED OR26
369	362		HARMED BY AN ALLEGED VIOLATION OF THIS SECTION MAY INITIATE A27
370	363		1291
371	364		-12- CIVIL PROCEEDING IN A DISTRICT COURT AGAINST A TRANSPORTATION1
372	365		NETWORK COMPANY OR A DRIVER THAT VIOLATES THIS SECTION .2
373	366		(II) A VIOLATION OF THIS SECTION BY A TRANSPORTATION3
374	367		NETWORK COMPANY THAT RESULTS IN INJURY OR DEATH TO AN4
375	368		INDIVIDUAL HAS A SIGNIFICANT PUBLIC IMPACT.5
376	369		(7.5) (a) (I) ON AND AFTER JANUARY 1, 2026, A TRANSPORTATION6
377	370		NETWORK COMPANY SHALL :7
378	371		(A) ENSURE THAT CONTINUOUS AUDIO RECORDING OF THE DRIVER8
379	372		IS CONDUCTED FOR EACH PREARRANGED RIDE FROM WHEN THE DRIVER9
380	373		PICKS UP THE RIDER IN A PERSONAL VEHICLE UNTIL WHEN THE RIDER10
381	374		DEPARTS FROM THE PERSONAL VEHICLE ;11
382	375		(B) NOTIFY THE DRIVER IN AN ONLINE APPLICATION THAT EACH12
383	376		PREARRANGED RIDE IS CONTINUOUSLY AUDIO RECORDED ; AND13
384	377		(C) ENSURE THAT EACH RIDER IN A PREARRANGED RIDE IS14
385	378		NOTIFIED IN THE PERSONAL VEHICLE THAT THE RIDE IS CONTINUOUSLY15
386	379		AUDIO RECORDED.16
387	380		(II) ON AND AFTER JULY 1, 2026, A TRANSPORTATION NETWORK17
388	381		COMPANY SHALL:18
389	382		(A) ENSURE THAT CONTINUOUS AUDIO AND VIDEO RECORDING OF19
390	383		THE DRIVER IS CONDUCTED FOR EACH PREARRANGED RIDE FROM WHEN20
391	384		THE DRIVER PICKS UP THE RIDER IN A PERSONAL VEHICLE UNTIL WHEN THE21
392	385		RIDER DEPARTS FROM THE PERSONAL VEHICLE ;22
393	386		(B) NOTIFY THE DRIVER IN AN ONLINE APPLICATION THAT EACH23
394	387		PREARRANGED RIDE IS CONTINUOUSLY AUDIO AND VIDEO RECORDED ; AND24
395	388		(C) ENSURE THAT EACH RIDER IN A PREARRANGED RIDE IS25
396	389		NOTIFIED IN THE PERSONAL VEHICLE THAT THE RIDE IS CONTINUOUSLY26
397	390		AUDIO AND VIDEO RECORDED .27
398	391		1291
399	392		-13- (b) ON OR BEFORE DECEMBER 1, 2025, THE COMMISSION SHALL1
400	393		ADOPT RULES:2
401	394		(I) ESTABLISHING REQUIREMENTS FOR RETENTION OF, ACCESS TO,3
402	395		STORAGE OF, AND ENCRYPTION OF AUDIO AND VIDEO RECORDING4
403	396		CONDUCTED PURSUANT TO SUBSECTION (7.5)(a) OF THIS SECTION;5
404	397		(II) REQUIRING A TRANSPORTATION NETWORK COMPANY TO6
405	398		REIMBURSE A DRIVER FOR PURCHASING TECHNOLOGY TO ENABLE AUDIO7
406	399		AND VIDEO RECORDING CONDUCTED PURSUANT TO SUBSECTION (7.5)(a)8
407	400		OF THIS SECTION; AND9
408	401		(III) GOVERNING TECHNOLOGY FAILURES RELATED TO AUDIO AND10
409	402		VIDEO RECORDING CONDUCTED PURSUANT TO SUBSECTION (7.5)(a) OF THIS11
410	403		SECTION.12
411	404		(7.7) A DRIVER OR A RIDER SHALL NOT PROVIDE , OFFER TO13
412	405		PROVIDE, SELL, OR OFFER TO SELL TO ANOTHER DRIVER OR RIDER FOOD OR14
413	406		A BEVERAGE.15
414	407		(7.8) (a) A TRANSPORTATION NETWORK COMPANY SHALL NOT :16
415	408		(I) ALTER THE RATING A RIDER ASSIGNED A DRIVER OR THE RATING17
416	409		A DRIVER ASSIGNED A RIDER ON A TRANSPORTATION NETWORK COMPANY 'S18
417	410		DIGITAL PLATFORM;19
418	411		(II) ASSIGN AN AUTOMATIC OR DEFAULT DRIVER RATING THAT THE20
419	412		RIDER DID NOT ASSIGN; OR21
420	413		(III) ASSIGN AN AUTOMATIC OR DEFAULT RIDER RATING THAT THE22
421	414		DRIVER DID NOT ASSIGN.23
422	415		(b) A TRANSPORTATION NETWORK COMPANY SHALL ENSURE THAT : 24
423	416		(I) ALL RIDER-SUBMITTED COMMENTS REVIEWING A DRIVER ARE25
424	417		VISIBLE TO ALL OTHER RIDERS ON THE TRANSPORTATION NETWORK26
425	418		COMPANY'S DIGITAL PLATFORM; AND27
426	419		1291
427	420		-14- (II) ALL DRIVER-SUBMITTED COMMENTS REVIEWING A RIDER ARE1
428	421		VISIBLE TO ALL OTHER DRIVERS ON THE TRANSPORTATION NETWORK2
429	422		COMPANY'S DIGITAL PLATFORM.3
430	423		(11) SUBSECTIONS (3)(c)(VII), (3)(c)(IX), (3)(d), (3)(e), (7)(c),4
431	424		(7.5), AND (7.7) OF THIS SECTION DO NOT APPLY TO A TRANSPORTATION5
432	425		NETWORK COMPANY THAT :6
433	426		(a) EITHER SERVES RIDERS AT LEAST SEVENTY-FIVE PERCENT OF7
434	427		WHOM ARE UNDER THE AGE OF EIGHTEEN OR EARNS AT LEAST NINETY8
435	428		PERCENT OF THE TRANSPORTATION NETWORK COMPANY'S REVENUE FROM9
436	429		CONTRACTS WITH A PUBLIC OR PRIVATE SCHOOL , THE FEDERAL10
437	430		GOVERNMENT, THE STATE, OR AN AGENCY OR A POLITICAL SUBDIVISION OF11
438	431		THE FEDERAL GOVERNMENT OR OF THE STATE ; AND12
439	432		(b) HAS AT LEAST NINETY PERCENT OF THE TRANSPORTATION13
440	433		NETWORK COMPANY'S DRIVERS IN COMPLIANCE WITH THE COMMISSION'S14
441	434		RULES PROMULGATED PURSUANT TO SECTION 40-10.1-608 (3)(a).15
442	435		SECTION 4. In Colorado Revised Statutes, 40-10.1-609, add (3)16
443	436		and (4) as follows:17
444	437		40-10.1-609. Reporting requirements - report - rules. (3) ON18
445	438		OR BEFORE FEBRUARY 1, 2026, AND ON OR BEFORE FEBRUARY 1 EACH19
446	439		YEAR THEREAFTER, A TRANSPORTATION NETWORK COMPANY SHALL20
447	440		SUBMIT A REPORT THAT INCLUDES THE FOLLOWING DATA TO THE21
448	441		COMMISSION, THE ATTORNEY GENERAL, AND EACH MEMBER OF THE22
449	442		GENERAL ASSEMBLY:23
450	443		(a) THE NUMBER OF REPORTED SAFETY INCIDENTS INVOLVING A24
451	444		DRIVER WHO PROVIDED SERVICES FOR OR A RIDER WHO RECEIVED25
452	445		SERVICES FROM THE TRANSPORTATION NETWORK COMPANY IN THE26
453	446		PRECEDING CALENDAR YEAR. THE REPORT MUST INCLUDE THE NUMBER OF27
454	447		1291
455	448		-15- REPORTED INSTANCES OF:1
456	449		(I) PHYSICAL ASSAULT;2
457	450		(II) SEXUAL ASSAULT;3
458	451		(III) VERBAL THREATS;4
459	452		(IV) STALKING;5
460	453		(V) HARASSMENT;6
461	454		(VI) THEFT;7
462	455		(VII) A MOTOR VEHICLE ACCIDENT, INCLUDING AN INDICATION OF8
463	456		WHETHER THE DRIVER WAS AT FAULT OR THE DRIVER WAS NOT AT FAULT;9
464	457		AND10
465	458		(VIII) HOMICIDE; AND11
466	459		(b) THE NUMBER OF REPORTED INCIDENTS OF DISCRIMINATORY12
467	460		SPEECH OR DISCRIMINATORY CONDUCT INVOLVING A DRIVER WHO13
468	461		PROVIDED SERVICES FOR OR A RIDER WHO RECEIVED SERVICES FROM THE14
469	462		TRANSPORTATION NETWORK COMPANY .15
470	463		(4) SUBSECTION (3) OF THIS SECTION DOES NOT APPLY TO A16
471	464		TRANSPORTATION NETWORK COMPANY THAT :17
472	465		(a) EITHER SERVES RIDERS AT LEAST SEVENTY-FIVE PERCENT OF18
473	466		WHOM ARE UNDER THE AGE OF EIGHTEEN OR EARNS AT LEAST NINETY19
474	467		PERCENT OF THE TRANSPORTATION NETWORK COMPANY'S REVENUE FROM20
475	468		CONTRACTS WITH A PUBLIC OR PRIVATE SCHOOL , THE FEDERAL21
476	469		GOVERNMENT, THE STATE, OR AN AGENCY OR A POLITICAL SUBDIVISION OF22
477	470		THE FEDERAL GOVERNMENT OR OF THE STATE ; AND23
478	471		(b) HAS AT LEAST NINETY PERCENT OF THE TRANSPORTATION24
479	472		NETWORK COMPANY'S DRIVERS IN COMPLIANCE WITH THE COMMISSION'S25
480	473		RULES PROMULGATED PURSUANT TO SECTION 40-10.1-608 (3)(a).26
481	474		SECTION 5. In Colorado Revised Statutes, add 40-10.1-610 as27
482	475		1291
483	476		-16- follows:1
484	477		40-10.1-610. Consumer protection - waiver of rights void -2
485	478		biometric data and biometric identifiers - safety policies - training -3
486	479		data retention - rules. (1) A PROVISION IN A CONTRACT BETWEEN A4
487	480		TRANSPORTATION NETWORK COMPANY AND A RIDER IS VOID AS AGAINST5
488	481		PUBLIC POLICY IF THE PROVISION ATTEMPTS TO WAIVE OR WAIVES :6
489	482		(a) A RIGHT SPECIFIED IN THIS PART 6;7
490	483		(b) A RIGHT PROVIDED BY THE "COLORADO CONSUMER8
491	484		PROTECTION ACT", ARTICLE 1 OF TITLE 6; OR9
492	485		(c) THE RIGHT TO A JURY TRIAL.10
493	486		(2) (a) WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS11
494	487		SECTION, A TRANSPORTATION NETWORK COMPANY SHALL :12
495	488		(I) DEVELOP A POLICY TO PREVENT IMPOSTER ACCOUNTS,13
496	489		ACCOUNT SHARING, AND ACCOUNT RENTING;14
497	490		(II) DEVELOP A POLICY TO PREVENT SEXUAL ASSAULT, PHYSICAL15
498	491		ASSAULT, AND HOMICIDE AGAINST OR COMMITTED BY THE16
499	492		TRANSPORTATION NETWORK COMPANY 'S DRIVERS;17
500	493		(III) DEVELOP AND ENFORCE A POLICY PROHIBITING THE18
501	494		TRANSPORT OF AN UNACCOMPANIED MINOR UNLESS THE MINOR IS PART OF19
502	495		A DULY AUTHORIZED FAMILY ACCOUNT, IN WHICH A PARENT OR GUARDIAN20
503	496		MUST BE PRESENT WHEN THE MINOR ENTERS THE VEHICLE OR CONFIRMS21
504	497		AUTHORIZATION FOR THE PREARRANGED RIDE ;22
505	498		(IV) EXCEPT AS AUTHORIZED IN A POLICY DEVELOPED PURSUANT23
506	499		TO SUBSECTION (2)(a)(III) OF THIS SECTION, DEVELOP A POLICY THAT24
507	500		ALLOWS A DRIVER TO REFUSE A PREARRANGED RIDE TO AN INDIVIDUAL25
508	501		WHO IS NOT AUTHORIZED TO USE THE ACCOUNT REQUESTING THE26
509	502		PREARRANGED RIDE. THE POLICY MUST ENSURE THAT THE DRIVER IS NOT27
510	503		1291
511	504		-17- PENALIZED BY THE TRANSPORTATION NETWORK COMPANY FOR REFUSING1
512	505		A PREARRANGED RIDE TO AN INDIVIDUAL WHO IS NOT THE AUTHORIZED2
513	506		RIDER ON THE ACCOUNT REQUESTING THE PREARRANGED RIDE .3
514	507		(V) DEVELOP A POLICY ESTABLISHING PROCEDURES FOR4
515	508		DEACTIVATION OF A DRIVER IF THE TRANSPORTATION NETWORK COMPANY5
516	509		IS NOTIFIED OF AN ALLEGATION AGAINST A DRIVER AS DESCRIBED IN6
517	510		SECTION 40-10.1-605 (3)(d);7
518	511		(VI) DEVELOP A POLICY TO NOTIFY AND TRAIN DRIVERS AND8
519	512		RIDERS OF ANY UPDATES TO TRANSPORTATION NETWORK COMPANY9
520	513		POLICIES IMPACTING DRIVERS AND RIDERS;10
521	514		(VII) DEVELOP A POLICY REQUIRING DRIVERS TO REPORT AND A11
522	515		PROCESS FOR DRIVERS TO REPORT INFORMATION REGARDING A12
523	516		CONVICTION OF OR A PLEA OF GUILTY OR NOLO CONTENDERE TO THE13
524	517		OFFENSES DESCRIBED IN SECTION 40-10.1-605 (3)(c)(I);14
525	518		(VIII) DEVELOP A POLICY TO PREVENT CRIMES COMMITTED15
526	519		AGAINST DRIVERS BY RIDERS;16
527	520		(IX) PROVIDE COPIES OF THE POLICIES CREATED PURSUANT TO THIS17
528	521		SUBSECTION (2) TO THE ATTORNEY GENERAL AND TO THE COMMISSION;18
529	522		AND19
530	523		(X) PROVIDE COPIES OF THE POLICIES CREATED PURSUANT TO THIS20
531	524		SUBSECTION (2) TO EVERY DRIVER WHO PROVIDES SERVICES FOR THE21
532	525		TRANSPORTATION NETWORK COMPANY .22
533	526		(b) WITHIN TEN BUSINESS DAYS AFTER AN UPDATE TO A POLICY23
534	527		CREATED PURSUANT TO THIS SUBSECTION (2), A TRANSPORTATION24
535	528		NETWORK COMPANY SHALL PROVIDE A COPY OF THE UPDATED POLICY TO25
536	529		THE ATTORNEY GENERAL , THE COMMISSION, AND EVERY DRIVER WHO26
537	530		PROVIDES SERVICES FOR THE TRANSPORTATION NETWORK COMPANY .27
538	531		1291
539	532		-18- (3) (a) A TRANSPORTATION NETWORK COMPANY SHALL NOT1
540	533		COLLECT BIOMETRIC DATA OR BIOMETRIC IDENTIFIERS FROM A DRIVER OR2
541	534		RIDER WITHOUT FIRST OBTAINING THE CONSENT OF THE DRIVER OR RIDER.3
542	535		(b) IF A TRANSPORTATION NETWORK COMPANY COLLECTS4
543	536		BIOMETRIC DATA OR BIOMETRIC IDENTIFIERS FROM A DRIVER OR RIDER ,5
544	537		THE TRANSPORTATION NETWORK COMPANY SHALL COMPLY WITH SECTION6
545	538		6-1-1314.7
546	539		(4) (a) A TRANSPORTATION NETWORK COMPANY SHALL PROCESS8
547	540		DATA IN COMPLIANCE WITH THE "COLORADO PRIVACY ACT", PART 13 OF9
548	541		ARTICLE 1 OF TITLE 6.10
549	542		(b) WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS11
550	543		SECTION, THE COMMISSION SHALL ADOPT RULES GOVERNING THE12
551	544		RETENTION, STORAGE, AND USE OF AND ACCESS TO THE DATA COLLECTED13
552	545		BY A TRANSPORTATION NETWORK COMPANY .14
553	546		(c) UNTIL THE COMMISSION ADOPTS RULES GOVERNING DATA15
554	547		COLLECTED BY A TRANSPORTATION NETWORK COMPANY PURSUANT TO16
555	548		SUBSECTION (4)(b) OF THIS SECTION, A TRANSPORTATION NETWORK17
556	549		COMPANY SHALL RETAIN ALL AUDIO AND VIDEO RECORDINGS FROM A18
557	550		PREARRANGED RIDE FOR THIRTY DAYS AFTER THE PREARRANGED RIDE;19
558	551		EXCEPT THAT, IF A PERSON FILES A COMPLAINT AGAINST A20
559	552		TRANSPORTATION NETWORK COMPANY WITH THE COMMISSION OR A21
560	553		PREARRANGED RIDE IS THE SUBJECT OF AN ACTIVE LAW ENFORCEMENT22
561	554		INVESTIGATION, THE TRANSPORTATION NETWORK COMPANY SHALL RETAIN23
562	555		THE AUDIO AND VIDEO RECORDING FOR ONE YEAR OR UNTIL THE24
563	556		INVESTIGATION IS COMPLETED, WHICHEVER IS LONGER.25
564	557		(d) WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS26
565	558		SECTION, THE COMMISSION SHALL ADOPT RULES GOVERNING A27
566	559		1291
567	560		-19- COMPLAINANT'S ACCESS TO THE DATA COLLECTED BY A TRANSPORTATION1
568	561		NETWORK COMPANY RELATED TO A COMPLAINT FILED PURSUANT TO2
569	562		SECTION 40-10.1-605 (3)(d)(I).3
570	563		(5) THIS SECTION DOES NOT APPLY TO A TRANSPORTATION4
571	564		NETWORK COMPANY THAT :5
572	565		(a) EITHER SERVES RIDERS AT LEAST SEVENTY-FIVE PERCENT OF6
573	566		WHOM ARE UNDER THE AGE OF EIGHTEEN OR EARNS AT LEAST NINETY7
574	567		PERCENT OF THE TRANSPORTATION NETWORK COMPANY'S REVENUE FROM8
575	568		CONTRACTS WITH A PUBLIC OR PRIVATE SCHOOL, THE FEDERAL9
576	569		GOVERNMENT, THE STATE, OR AN AGENCY OR A POLITICAL SUBDIVISION OF10
577	570		THE FEDERAL GOVERNMENT OR OF THE STATE ; AND11
578	571		(b) HAS AT LEAST NINETY PERCENT OF THE TRANSPORTATION12
579	572		NETWORK COMPANY'S DRIVERS IN COMPLIANCE WITH THE COMMISSION'S13
580	573		RULES PROMULGATED PURSUANT TO SECTION 40-10.1-608 (3)(a).14
581	574		SECTION 6. In Colorado Revised Statutes, 40-7-113, aend (1)15
582	575		introductory portion and (1)(g); and add (1)(b.5) as follows:16
583	576		40-7-113. Civil penalties - fines. (1) In addition to any other17
584	577		penalty otherwise authorized by law and except as otherwise provided in18
585	578		subsections (3) and (4) of this section, any A person who THAT violates19
586	579		article 10.1 or 10.5 of this title 40 or any A rule promulgated ADOPTED by20
587	580		the commission pursuant to article 10.1 or 10.5 OF THIS TITLE 40, which21
588	581		article or rule is applicable to the person, may be subject to fines as22
589	582		specified in the following paragraphs FOLLOWS:23
590	583		(b.5) A TRANSPORTATION NETWORK COMPANY THAT VIOLATES24
591	584		PART 6 OF ARTICLE 10.1 OF THIS TITLE 40 MAY BE ASSESSED A CIVIL25
592	585		PENALTY AS DETERMINED BY THE COMMISSION BY RULE .26
593	586		(g) A person who THAT violates any A provision of article 10.1 or27
594	587		1291
595	588		-20- 10.5 of this title 40 not enumerated in subsection (1)(a), (1)(b), (1)(b.5),1
596	589		or (1)(e) of this section, any A rule promulgated ADOPTED by the2
597	590		commission pursuant to this title 40, or any A safety rule adopted by the3
598	591		department of public safety relating to motor carriers as defined in section4
599	592		40-10.1-101 may be assessed a civil penalty of not more than one5
600	593		thousand one hundred dollars; except that any A person who THAT6
601	594		violates a safety rule promulgated ADOPTED by the commission is subject7
602	595		to the civil penalties authorized pursuant to 49 CFR 386, subpart G, and8
603	596		associated appendices to part 386 49 CFR 386, as the subpart existed on9
604	597		January 1, 2017.10
605	598		SECTION 7. Applicability. This act applies to offenses11
606	599		committed on or after the effective date of this act.12
607	600		SECTION 8. Safety clause. The general assembly finds,13
608	601		determines, and declares that this act is necessary for the immediate14
609	602		preservation of the public peace, health, or safety or for appropriations for15
610	603		the support and maintenance of the departments of the state and state16
611	604		institutions.17
612	605		1291
613	606		-21-