House Committee of Reference Report
Committee on Business Affairs & Labor
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April 3, 2025
After consideration on the merits, the Committee recommends the following:
HB25-1291 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. Legislative declaration. (1) The general
Page 1, Line 4assembly finds that:
Page 1, Line 5(a) Coloradans increasingly rely on a range of transportation
Page 1, Line 6modes, including transportation network companies, to travel to work,
Page 1, Line 7school, medical appointments, social gatherings, and more;
Page 1, Line 8(b) Unlike traditional transportation providers, transportation
Page 1, Line 9network companies exercise full control over their platforms while
Page 1, Line 10classifying drivers as independent contractors rather than employees;
Page 1, Line 11(c) Transportation network companies market their services as
Page 1, Line 12safe and convenient for vulnerable populations, including children,
Page 1, Line 13individuals with disabilities, and people seeking a responsible ride home
Page 1, Line 14after consuming alcohol. However, transportation network company
Page 1, Line 15drivers and riders have reported incidents of fraud, sexual assault,
Page 1, Line 16physical assault, and homicide.
Page 1, Line 17(d) According to the national institutes of health, drivers providing
Page 1, Line 18transportation network company services have an accident rate and a fatal
Page 1, Line 19crash incidence rate that is higher than the general population, partly due
Page 1, Line 20to the increased hours of driving and driver fatigue;
Page 1, Line 21(e) According to a study conducted by the University of Chicago,
Page 1, Line 22transportation network companies account for about a 3% annual increase
Page 1, Line 23in traffic-related fatalities, or roughly 987 people, including pedestrians,
Page 1, Line 24each year. This increase is due, in part, to the large number of drivers
Page 1, Line 25needed to provide quick response times.
Page 1, Line 26(f) Transportation network companies have failed to develop and
Page 1, Line 27fully implement adequate protections on their own volition, despite
Page 2, Line 1having direct knowledge of serious safety risks to riders and drivers;
Page 2, Line 2(g) Transportation network companies have not effectively
Page 2, Line 3prevented the widespread problem of account sharing, where authorized
Page 2, Line 4drivers give unauthorized individuals access to their profiles, allowing
Page 2, Line 5unauthorized individuals to bypass security measures. Account sharing
Page 2, Line 6undermines security and puts riders and the public at risk of harm.
Page 2, Line 7(h) Transportation network companies have long been aware of
Page 2, Line 8the systemic problem of sexual assaults committed by their drivers.
Page 2, Line 9Internal safety reports confirm thousands of reported sexual assaults over
Page 2, Line 10multiple years, yet transportation network companies have not
Page 2, Line 11implemented meaningful reforms. The actual number of incidents is
Page 2, Line 12likely far higher, as studies show that only 30% of sexual assaults are
Page 2, Line 13reported, meaning thousands more victims may have been harmed.
Page 2, Line 14Transportation network companies have faced lawsuits from passengers
Page 2, Line 15and their own shareholders for failing to disclose the extent of the
Page 2, Line 16problem.
Page 2, Line 17(i) Transportation network companies prioritize profits over rider
Page 2, Line 18safety, rolling back protections despite billions of dollars in revenue. The
Page 2, Line 19cost of a background check is negligible compared to the
Page 2, Line 20multibillion-dollar net worth and profit of the industry.
Page 2, Line 21(2) Therefore, the general assembly declares that the people of
Page 2, Line 22Colorado require legislation to ensure that all transportation modes,
Page 2, Line 23including transportation network companies, are safe, reliable, and just
Page 2, Line 24and that the people of Colorado have a transportation system that
Page 2, Line 25prioritizes their safety.
Page 2, Line 26SECTION 2. In Colorado Revised Statutes, 40-10.1-602, amend
Page 2, Line 27(1); and add (1.1), (1.3), (1.5), and (1.7) as follows:
Page 2, Line 2840-10.1-602. Definitions. As used in this part 6, unless the
Page 2, Line 29context otherwise requires:
Page 2, Line 30(1) (a) "Personal vehicle" means a vehicle that is used by a
Page 2, Line 31transportation network company driver in connection with providing
Page 2, Line 32services for a transportation network company that meets the vehicle
Page 2, Line 33criteria set forth in this part 6 "Biometric data" means one or more
Page 2, Line 34biometric identifiers that are used or intended to be used, singly
Page 2, Line 35or in combination with each other or with other personal data,
Page 2, Line 36for identification purposes.
Page 2, Line 37(b) "Biometric data" does not include the following
Page 2, Line 38unless the biometric data is used for identification purposes:
Page 2, Line 39(I) A digital or physical photograph;
Page 2, Line 40(II) An audio or voice recording; or
Page 2, Line 41(III) Any data generated from a digital or physical
Page 2, Line 42photograph or an audio or video recording.
Page 2, Line 43(1.1) "Biometric identifier" means data generated by the
Page 3, Line 1technological processing, measurement, or analysis of a
Page 3, Line 2consumer's biological, physical, or behavioral characteristics,
Page 3, Line 3which data can be processed for the purpose of uniquely
Page 3, Line 4identifying an individual. "Biometric identifier" includes:
Page 3, Line 5(a) A fingerprint;
Page 3, Line 6(b) A voiceprint;
Page 3, Line 7(c) A scan or record of an eye retina or iris;
Page 3, Line 8(d) A facial map, facial geometry, or facial template; or
Page 3, Line 9(e) Other unique biological, physical, or behavioral
Page 3, Line 10patterns or characteristics.
Page 3, Line 11(1.3) "Minor" means an individual under eighteen years of
Page 3, Line 12age.
Page 3, Line 13(1.5) "Name-based judicial record check" has the meaning
Page 3, Line 14set forth in section 22-2-119.3 (6)(d).
Page 3, Line 15(1.7) "Personal vehicle" means a vehicle that is used by a
Page 3, Line 16transportation network company driver in connection with
Page 3, Line 17providing services for a transportation network company and
Page 3, Line 18that meets the vehicle criteria set forth in this part 6.
Page 3, Line 19SECTION 3. In Colorado Revised Statutes, 40-10.1-605, amend
Page 3, Line 20(3)(b), (3)(c)(I), (3)(c)(II), and (5); and add (3)(b.5), (3)(c)(V), (3)(c)(VI),
Page 3, Line 21(3)(c)(VII), (3)(c)(VIII), (3)(c)(IX), (3)(d), (3)(e), (7)(c), (7.5), (7.7), and
Page 3, Line 22(11) as follows:
Page 3, Line 2340-10.1-605. Operational requirements - criminal history
Page 3, Line 24record check - driver verification - civil action - audio and video
Page 3, Line 25recording - deactivation - offering food or beverage prohibited -
Page 3, Line 26rules. (3) (b) A driver transportation network company shall obtain
Page 3, Line 27procure a privately administered criminal history record check in
Page 3, Line 28accordance with subparagraph (I) of paragraph (a) of this subsection (3)
Page 3, Line 29for each individual serving as a driver through use of the
Page 3, Line 30transportation network company's digital network every five
Page 3, Line 31years six months while serving the individual serves as a driver.
Page 3, Line 32(b.5) A transportation network company shall pay the
Page 3, Line 33costs of a criminal history record check conducted pursuant to
Page 3, Line 34this subsection (3).
Page 3, Line 35(c) (I) A person An individual who has been convicted of or pled
Page 3, Line 36guilty or nolo contendere to driving under the influence of drugs or
Page 3, Line 37alcohol in the previous seven three years before applying to become a
Page 3, Line 38driver shall not serve as a driver. If the criminal history record check
Page 3, Line 39performed pursuant to subsection (3)(a) of this section reveals that
Page 3, Line 40the person individual has ever been convicted of or pled guilty or nolo
Page 3, Line 41contendere to any of the following felony offenses, the person
Page 3, Line 42individual shall not serve as a driver:
Page 3, Line 43(A) An A felony offense involving fraud, as described in article
Page 4, Line 15 of title 18; C.R.S.;
Page 4, Line 2(B) An offense involving unlawful sexual behavior, as defined in
Page 4, Line 3section 16-22-102 (9); C.R.S.;
Page 4, Line 4(C) An A felony offense against property, as described in article
Page 4, Line 54 of title 18; C.R.S.; or
Page 4, Line 6(D) A crime of violence, as described in section 18-1.3-406;
Page 4, Line 7C.R.S.
Page 4, Line 8(E) An offense involving domestic violence, as defined in
Page 4, Line 9section 18-6-800.3 (1);
Page 4, Line 10(F) An offense involving stalking, as described in section
Page 4, Line 1118-3-602;
Page 4, Line 12(G) An offense involving harassment, as described in
Page 4, Line 13section 18-9-111; or
Page 4, Line 14(H) An offense involving menacing, as described in section
Page 4, Line 1518-3-206.
Page 4, Line 16(II) A person An individual who has been convicted of or pled
Page 4, Line 17guilty or nolo contendere to a comparable offense to the offenses
Page 4, Line 18listed in subparagraph (I) of this paragraph (c) subsection (3)(c)(I) of
Page 4, Line 19this section in another state or in the United States shall not serve as a
Page 4, Line 20driver.
Page 4, Line 21(V) A driver who has been convicted of or pled guilty or
Page 4, Line 22nolo contendere to an offense listed in subsection (3)(c)(I) of
Page 4, Line 23this section shall notify the transportation network company
Page 4, Line 24within forty-eight hours after the individual's conviction was
Page 4, Line 25pronounced or plea was entered.
Page 4, Line 26(VI) An individual who has been convicted of or pled
Page 4, Line 27guilty or nolo contendere to driving under the influence of
Page 4, Line 28drugs or alcohol shall not serve as a driver for three years
Page 4, Line 29after the conviction was pronounced or the plea was entered.
Page 4, Line 30(VII) An individual who has been disqualified or removed
Page 4, Line 31from driving for a transportation service regulated under this
Page 4, Line 32title 40 or disqualified or removed from driving under a
Page 4, Line 33substantially similar law of another state for an incident
Page 4, Line 34involving any of the following activities shall not serve as a
Page 4, Line 35driver:
Page 4, Line 36(A) Physical assault;
Page 4, Line 37(B) Sexual assault;
Page 4, Line 38(C) Harassment;
Page 4, Line 39(D) Kidnapping;
Page 4, Line 40(E) Felony robbery;
Page 4, Line 41(F) Menacing;
Page 4, Line 42(G) Account sharing; or
Page 4, Line 43(H) Impersonating a driver.
Page 5, Line 1(VIII) An individual shall not serve as a driver for a
Page 5, Line 2transportation network company if the individual:
Page 5, Line 3(A) Has an authorized profile to drive for a
Page 5, Line 4transportation network company; and
Page 5, Line 5(B) Is confirmed by a transportation network company to
Page 5, Line 6have allowed another individual to drive for the
Page 5, Line 7transportation network company under the authorized profile
Page 5, Line 8or has used another individual's authorized profile to accept a
Page 5, Line 9prearranged ride for a transportation network company.
Page 5, Line 10(IX) If a person files a complaint with a transportation
Page 5, Line 11network company or the commission regarding the allegations
Page 5, Line 12described in subsection (3)(d)(I) of this section against an
Page 5, Line 13individual acting as a driver through use of the transportation
Page 5, Line 14network company's digital network, the transportation
Page 5, Line 15network company shall procure a privately administered
Page 5, Line 16criminal history record check for the individual acting as a
Page 5, Line 17driver.
Page 5, Line 18(d) (I) A transportation network company shall initiate
Page 5, Line 19a review of a driver for deactivation pursuant to subsection
Page 5, Line 20(3)(d)(II) of this section if the transportation network company
Page 5, Line 21is notified through a complaint filed with the transportation
Page 5, Line 22network company or the commission or through contact by the
Page 5, Line 23commission, the office of the attorney general, a district
Page 5, Line 24attorney's office, or law enforcement agency regarding an
Page 5, Line 25allegation against the driver of:
Page 5, Line 26(A) Physical assault;
Page 5, Line 27(B) Sexual assault;
Page 5, Line 28(C) Kidnapping;
Page 5, Line 29(D) Felony robbery;
Page 5, Line 30(E) Menacing; or
Page 5, Line 31(F) Homicide.
Page 5, Line 32(II) Within seventy-two hours after receiving notice of an
Page 5, Line 33allegation against a driver as described in subsection (3)(d)(I) of
Page 5, Line 34this section, the transportation network company shall review
Page 5, Line 35the available evidence and, if the transportation network
Page 5, Line 36company determines that the allegation is more than likely to
Page 5, Line 37have occurred, the transportation network company shall
Page 5, Line 38deactivate the driver from the transportation network
Page 5, Line 39company's digital platform in accordance with the
Page 5, Line 40transportation network company's deactivation and suspension
Page 5, Line 41policy developed pursuant to section 8-4-127.
Page 5, Line 42(e) (I) A driver who has been deactivated pursuant to
Page 5, Line 43subsection (3)(d) of this section may, within thirty calendar days
Page 6, Line 1after receiving a written notice of the deactivation, challenge,
Page 6, Line 2in writing, the deactivation with the transportation network
Page 6, Line 3company pursuant to the transportation network company's
Page 6, Line 4internal deactivation review process established pursuant to
Page 6, Line 5section 8-4-127 (5).
Page 6, Line 6(II) A transportation network company shall conduct an
Page 6, Line 7internal deactivation reconsideration of a challenged
Page 6, Line 8deactivation within fourteen calendar days after the driver
Page 6, Line 9makes the written request for deactivation reconsideration in
Page 6, Line 10accordance with section 8-4-127 (5)(b); except that the
Page 6, Line 11transportation network company may notify the driver in
Page 6, Line 12writing of a continuance of the deactivation reconsideration if
Page 6, Line 13the driver has not provided sufficient evidence or
Page 6, Line 14documentation for consideration by the transportation
Page 6, Line 15network company or if circumstances outside of the
Page 6, Line 16transportation network company's control necessitate
Page 6, Line 17additional time to reconsider the challenged deactivation.
Page 6, Line 18(III) A transportation network company's internal
Page 6, Line 19deactivation review process developed pursuant to section
Page 6, Line 208-4-127 (5) must:
Page 6, Line 21(A) Require consideration of all relevant, available
Page 6, Line 22information;
Page 6, Line 23(B) Be conducted in good faith; and
Page 6, Line 24(C) Apply evenhandedly the transportation network
Page 6, Line 25company's deactivation policy, consistent with the
Page 6, Line 26transportation network company's interest in safe and efficient
Page 6, Line 27operations.
Page 6, Line 28(IV) The transportation network company's resolution of
Page 6, Line 29a driver's challenge to a deactivation must include a written
Page 6, Line 30statement that the transportation network company sends the
Page 6, Line 31driver through the transportation network company's digital
Page 6, Line 32platform and via email or other mechanism that the
Page 6, Line 33transportation network company reasonably expects will
Page 6, Line 34remain accessible to the driver for at least one year. The
Page 6, Line 35written statement must include:
Page 6, Line 36(A) A determination affirming deactivation and including
Page 6, Line 37a summary of the reasons for the deactivation and a description
Page 6, Line 38of the steps the driver may take, if any, to remedy the alleged
Page 6, Line 39violation; or
Page 6, Line 40(B) A determination that the driver did not violate the
Page 6, Line 41transportation network company's deactivation policy or that
Page 6, Line 42the driver remedied any violation of the policy, which
Page 6, Line 43determination must be accompanied by reactivation of the
Page 7, Line 1driver's account within twenty-four hours after the
Page 7, Line 2determination is made.
Page 7, Line 3(V) The transportation network company's resolution of
Page 7, Line 4a driver's challenge to a deactivation must include a written
Page 7, Line 5statement that the transportation network company sends the
Page 7, Line 6party that filed a complaint pursuant to subsection (3)(d)(I) of
Page 7, Line 7this section through the transportation network company's
Page 7, Line 8digital platform and via email detailing the disposition of the
Page 7, Line 9driver's challenge.
Page 7, Line 10(5) (a) If any a person files a complaint with the commission
Page 7, Line 11against a transportation network company or driver, the commission may
Page 7, Line 12inspect the transportation network company's records as reasonably
Page 7, Line 13necessary to investigate and resolve the complaint.
Page 7, Line 14(b) If a person files a complaint against a transportation
Page 7, Line 15network company or driver, the transportation network
Page 7, Line 16company shall respond to a subpoena or search warrant for
Page 7, Line 17information related to the complaint from a court, the office of
Page 7, Line 18the attorney general, a district attorney's office, the
Page 7, Line 19commission, or a law enforcement agency no later than
Page 7, Line 20forty-eight hours after the request is made.
Page 7, Line 21(7) (c) (I) The attorney general or a person injured or
Page 7, Line 22harmed by an alleged violation of this section may initiate a
Page 7, Line 23civil proceeding in a district court against a transportation
Page 7, Line 24network company or a driver that violates this section.
Page 7, Line 25(II) A violation of this section by a transportation
Page 7, Line 26network company that results in injury or death to an
Page 7, Line 27individual has a significant public impact.
Page 7, Line 28(7.5) (a) On and after January 1, 2026, a transportation
Page 7, Line 29network company shall ensure that each prearranged ride is
Page 7, Line 30continuously audio and video recorded from when the driver
Page 7, Line 31picks up the rider in a personal vehicle until when the rider
Page 7, Line 32departs from the personal vehicle.
Page 7, Line 33(b) A transportation network company shall:
Page 7, Line 34(I) Notify the driver in an online application that each
Page 7, Line 35prearranged ride is continuously audio and video recorded; and
Page 7, Line 36(II) Ensure that each rider in a prearranged ride is
Page 7, Line 37notified in the personal vehicle that the ride is continuously
Page 7, Line 38audio and video recorded.
Page 7, Line 39(7.7) A driver or a rider shall not provide, offer to
Page 7, Line 40provide, sell, or offer to sell to another driver or rider food or
Page 7, Line 41a beverage.
Page 7, Line 42(11) Subsections (3)(c)(VII), (3)(c)(IX), (3)(d), (3)(e), (7)(c),
Page 7, Line 43(7.5), and (7.7) of this section do not apply to a transportation
Page 8, Line 1network company that:
Page 8, Line 2(a) Either serves riders at least seventy-five percent of
Page 8, Line 3whom are under the age of eighteen or earns at least ninety
Page 8, Line 4percent of the transportation network company's revenue from
Page 8, Line 5contracts with a public or private school, the federal
Page 8, Line 6government, the state, or an agency or a political subdivision of
Page 8, Line 7the federal government or of the state; and
Page 8, Line 8(b) Has at least ninety percent of the transportation
Page 8, Line 9network company's drivers in compliance with the commission's
Page 8, Line 10rules promulgated pursuant to section 40-10.1-608 (3)(a).
Page 8, Line 11SECTION 4. In Colorado Revised Statutes, 40-10.1-609, add (3)
Page 8, Line 12and (4) as follows:
Page 8, Line 1340-10.1-609. Reporting requirements - report - rules. (3) On
Page 8, Line 14or before February 1, 2026, and on or before February 1 each
Page 8, Line 15year thereafter, a transportation network company shall
Page 8, Line 16submit a report that includes the following data to the
Page 8, Line 17commission, the attorney general, and each member of the
Page 8, Line 18general assembly:
Page 8, Line 19(a) The number of reported safety incidents involving a
Page 8, Line 20driver who provided services for or a rider who received
Page 8, Line 21services from the transportation network company in the
Page 8, Line 22preceding calendar year. The report must include the number of
Page 8, Line 23reported instances of:
Page 8, Line 24(I) Physical assault;
Page 8, Line 25(II) Sexual assault;
Page 8, Line 26(III) Verbal threats;
Page 8, Line 27(IV) Stalking;
Page 8, Line 28(V) Harassment;
Page 8, Line 29(VI) Theft;
Page 8, Line 30(VII) A motor vehicle accident, including an indication of
Page 8, Line 31whether the driver was at fault or the driver was not at fault;
Page 8, Line 32and
Page 8, Line 33(VIII) Homicide; and
Page 8, Line 34(b) The number of reported incidents of discriminatory
Page 8, Line 35speech or discriminatory conduct involving a driver who
Page 8, Line 36provided services for or a rider who received services from the
Page 8, Line 37transportation network company.
Page 8, Line 38(4) Subsection (3) of this section does not apply to a
Page 8, Line 39transportation network company that:
Page 8, Line 40(a) Either serves riders at least seventy-five percent of
Page 8, Line 41whom are under the age of eighteen or earns at least ninety
Page 8, Line 42percent of the transportation network company's revenue from
Page 8, Line 43contracts with a public or private school, the federal
Page 9, Line 1government, the state, or an agency or a political subdivision of
Page 9, Line 2the federal government or of the state; and
Page 9, Line 3(b) Has at least ninety percent of the transportation
Page 9, Line 4network company's drivers in compliance with the commission's
Page 9, Line 5rules promulgated pursuant to section 40-10.1-608 (3)(a).
Page 9, Line 6SECTION 5. In Colorado Revised Statutes, add 40-10.1-610 as
Page 9, Line 7follows:
Page 9, Line 840-10.1-610. Consumer protection - waiver of rights void -
Page 9, Line 9biometric data and biometric identifiers - safety policies - training -
Page 9, Line 10data retention - rules. (1) A provision in a contract between a
Page 9, Line 11transportation network company and a rider is void as against
Page 9, Line 12public policy if the provision attempts to waive or waives:
Page 9, Line 13(a) A right specified in this part 6;
Page 9, Line 14(b) A right provided by the "Colorado Consumer
Page 9, Line 15Protection Act", article 1 of title 6; or
Page 9, Line 16(c) The right to a jury trial.
Page 9, Line 17(2) (a) Within thirty days after the effective date of this
Page 9, Line 18section, a transportation network company shall:
Page 9, Line 19(I) Develop a policy to prevent imposter accounts,
Page 9, Line 20account sharing, and account renting;
Page 9, Line 21(II) Develop a policy to prevent sexual assault, physical
Page 9, Line 22assault, and homicide against or committed by the
Page 9, Line 23transportation network company's drivers;
Page 9, Line 24(III) Develop and enforce a policy prohibiting the
Page 9, Line 25transport of an unaccompanied minor unless the minor is part of
Page 9, Line 26a duly authorized family account, in which a parent or guardian
Page 9, Line 27must be present when the minor enters the vehicle or confirms
Page 9, Line 28authorization for the prearranged ride;
Page 9, Line 29(IV) Except as authorized in a policy developed pursuant
Page 9, Line 30to subsection (2)(a)(III) of this section, develop a policy that
Page 9, Line 31allows a driver to refuse a prearranged ride to an individual
Page 9, Line 32who is not authorized to use the account requesting the
Page 9, Line 33prearranged ride. The policy must ensure that the driver is not
Page 9, Line 34penalized by the transportation network company for refusing
Page 9, Line 35a prearranged ride to an individual who is not the authorized
Page 9, Line 36rider on the account requesting the prearranged ride.
Page 9, Line 37(V) Develop a policy establishing procedures for
Page 9, Line 38deactivation of a driver if the transportation network company
Page 9, Line 39is notified of an allegation against a driver as described in
Page 9, Line 40section 40-10.1-605 (3)(d);
Page 9, Line 41(VI) Develop a policy to notify and train drivers and
Page 9, Line 42riders of any updates to transportation network company
Page 9, Line 43policies impacting drivers and riders;
Page 10, Line 1(VII) Develop a policy requiring drivers to report and a
Page 10, Line 2process for drivers to report information regarding a
Page 10, Line 3conviction of or a plea of guilty or nolo contendere to the
Page 10, Line 4offenses described in section 40-10.1-605 (3)(c)(I);
Page 10, Line 5(VIII) Develop a policy to prevent crimes committed
Page 10, Line 6against drivers by riders;
Page 10, Line 7(IX) Provide copies of the policies created pursuant to this
Page 10, Line 8subsection (2) to the attorney general and to the commission;
Page 10, Line 9and
Page 10, Line 10(X) Provide copies of the policies created pursuant to this
Page 10, Line 11subsection (2) to every driver who provides services for the
Page 10, Line 12transportation network company.
Page 10, Line 13(b) Within ten business days after an update to a policy
Page 10, Line 14created pursuant to this subsection (2), a transportation
Page 10, Line 15network company shall provide a copy of the updated policy to
Page 10, Line 16the attorney general, the commission, and every driver who
Page 10, Line 17provides services for the transportation network company.
Page 10, Line 18(3) (a) A transportation network company shall not
Page 10, Line 19collect biometric data or biometric identifiers from a driver or
Page 10, Line 20rider without first obtaining the consent of the driver or rider.
Page 10, Line 21(b) If a transportation network company collects
Page 10, Line 22biometric data or biometric identifiers from a driver or rider,
Page 10, Line 23the transportation network company shall comply with section
Page 10, Line 246-1-1314.
Page 10, Line 25(4) (a) A transportation network company shall process
Page 10, Line 26data in compliance with the "Colorado Privacy Act", part 13 of
Page 10, Line 27article 1 of title 6.
Page 10, Line 28(b) Within ninety days after the effective date of this
Page 10, Line 29section, the commission shall adopt rules governing the
Page 10, Line 30retention, storage, and use of and access to the data collected
Page 10, Line 31by a transportation network company.
Page 10, Line 32(c) Until the commission adopts rules governing data
Page 10, Line 33collected by a transportation network company pursuant to
Page 10, Line 34subsection (4)(b) of this section, a transportation network
Page 10, Line 35company shall retain all audio and video recordings from a
Page 10, Line 36prearranged ride for thirty days after the prearranged ride;
Page 10, Line 37except that, if a person files a complaint against a
Page 10, Line 38transportation network company with the commission or a
Page 10, Line 39prearranged ride is the subject of an active law enforcement
Page 10, Line 40investigation, the transportation network company shall retain
Page 10, Line 41the audio and video recording for one year or until the
Page 10, Line 42investigation is completed, whichever is longer.
Page 10, Line 43(d) Within ninety days after the effective date of this
Page 11, Line 1section, the commission shall adopt rules governing a
Page 11, Line 2complainant's access to the data collected by a transportation
Page 11, Line 3network company related to a complaint filed pursuant to
Page 11, Line 4section 40-10.1-605 (3)(d)(I).
Page 11, Line 5(5) This section does not apply to a transportation
Page 11, Line 6network company that:
Page 11, Line 7(a) Either serves riders at least seventy-five percent of
Page 11, Line 8whom are under the age of eighteen or earns at least ninety
Page 11, Line 9percent of the transportation network company's revenue from
Page 11, Line 10contracts with a public or private school, the federal
Page 11, Line 11government, the state, or an agency or a political subdivision of
Page 11, Line 12the federal government or of the state; and
Page 11, Line 13(b) Has at least ninety percent of the transportation
Page 11, Line 14network company's drivers in compliance with the commission's
Page 11, Line 15rules promulgated pursuant to section 40-10.1-608 (3)(a).
Page 11, Line 16SECTION 6. In Colorado Revised Statutes, 40-7-113, aend (1)
Page 11, Line 17introductory portion and (1)(g); and add (1)(b.5) as follows:
Page 11, Line 1840-7-113. Civil penalties - fines. (1) In addition to any other
Page 11, Line 19penalty otherwise authorized by law and except as otherwise provided in
Page 11, Line 20subsections (3) and (4) of this section, any a person who that violates
Page 11, Line 21article 10.1 or 10.5 of this title 40 or any a rule promulgated adopted by
Page 11, Line 22the commission pursuant to article 10.1 or 10.5 of this title 40, which
Page 11, Line 23article or rule is applicable to the person, may be subject to fines as
Page 11, Line 24specified in the following paragraphs follows:
Page 11, Line 25(b.5) A transportation network company that violates
Page 11, Line 26part 6 of article 10.1 of this title 40 may be assessed a civil
Page 11, Line 27penalty of not more than one hundred thousand dollars for
Page 11, Line 28each violation.
Page 11, Line 29(g) A person who that violates any a provision of article 10.1 or
Page 11, Line 3010.5 of this title 40 not enumerated in subsection (1)(a), (1)(b), (1)(b.5),
Page 11, Line 31or (1)(e) of this section, any a rule promulgated adopted by the
Page 11, Line 32commission pursuant to this title 40, or any a safety rule adopted by the
Page 11, Line 33department of public safety relating to motor carriers as defined in section
Page 11, Line 3440-10.1-101 may be assessed a civil penalty of not more than one
Page 11, Line 35thousand one hundred dollars; except that any a person who that
Page 11, Line 36violates a safety rule promulgated adopted by the commission is subject
Page 11, Line 37to the civil penalties authorized pursuant to 49 CFR 386, subpart G, and
Page 11, Line 38associated appendices to part 386 49 CFR 386, as the subpart existed on
Page 11, Line 39January 1, 2017.
Page 11, Line 40SECTION 7. In Colorado Revised Statutes, 6-1-105, add (1)(iiii)
Page 11, Line 41and (1)(jjjj) as follows:
Page 11, Line 426-1-105. Unfair or deceptive trade practices - definitions.
Page 11, Line 43(1) A person engages in a deceptive trade practice when, in the course of
Page 12, Line 1the person's business, vocation, or occupation, the person:
Page 12, Line 2(iiii) Misrepresents the person's compliance with part 6 of
Page 12, Line 3article 10.1 of title 40;
Page 12, Line 4(jjjj) Alters the rating a rider assigned a driver or the
Page 12, Line 5rating a driver assigned a rider on a transportation network
Page 12, Line 6company's digital platform, as those terms are defined in section
Page 12, Line 740-10.1-602, or assigns an automatic or default driver rating
Page 12, Line 8that the rider did not assign.
Page 12, Line 9SECTION 8. Applicability. This act applies to offenses
Page 12, Line 10committed on or after the effective date of this act.
Page 12, Line 11SECTION 9. Safety clause. The general assembly finds,
Page 12, Line 12determines, and declares that this act is necessary for the immediate
Page 12, Line 13preservation of the public peace, health, or safety or for appropriations for
Page 12, Line 14the support and maintenance of the departments of the state and state
Page 12, Line 15institutions.".