A Bill for an Act
Page 1, Line 101Concerning measures to increase protections for persons
Page 1, Line 102engaged with transportation network companies.
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 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.
- 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 video recording during a prearranged ride.
- 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.
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:
The following actions are made a deceptive trade practice in violation of the "Colorado Consumer Protection Act":
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds that:
Page 3, Line 3(a) Coloradans increasingly rely on a range of transportation
Page 3, Line 4modes, including transportation network companies, to travel to work, school, medical appointments, social gatherings, and more;
Page 3, Line 5(b) Unlike traditional transportation providers, transportation
Page 3, Line 6network companies exercise full control over their platforms while classifying drivers as independent contractors rather than employees;
Page 3, Line 7(c) Transportation network companies market their services as
Page 3, Line 8safe and convenient for vulnerable populations, including children,
Page 3, Line 9individuals with disabilities, and people seeking a responsible ride home
Page 3, Line 10after consuming alcohol. However, transportation network company
Page 3, Line 11drivers and riders have reported incidents of fraud, sexual assault, physical assault, and homicide.
Page 3, Line 12(d) According to the national institutes of health, drivers providing
Page 3, Line 13transportation network company services have an accident rate and a fatal
Page 3, Line 14crash incidence rate that is higher than the general population, partly due to the increased hours of driving and driver fatigue;
Page 3, Line 15(e) According to a study conducted by the University of Chicago,
Page 3, Line 16transportation network companies account for about a 3% annual increase
Page 4, Line 1in traffic-related fatalities, or roughly 987 people, including pedestrians,
Page 4, Line 2each year. This increase is due, in part, to the large number of drivers needed to provide quick response times.
Page 4, Line 3(f) Transportation network companies have failed to develop and
Page 4, Line 4fully implement adequate protections on their own volition, despite having direct knowledge of serious safety risks to riders and drivers;
Page 4, Line 5(g) Transportation network companies have not effectively
Page 4, Line 6prevented the widespread problem of account sharing, where authorized
Page 4, Line 7drivers give unauthorized individuals access to their profiles, allowing
Page 4, Line 8unauthorized individuals to bypass security measures. Account sharing undermines security and puts riders and the public at risk of harm.
Page 4, Line 9(h) Transportation network companies have long been aware of
Page 4, Line 10the systemic problem of sexual assaults committed by their drivers.
Page 4, Line 11Internal safety reports confirm thousands of reported sexual assaults over
Page 4, Line 12multiple years, yet transportation network companies have not
Page 4, Line 13implemented meaningful reforms. The actual number of incidents is
Page 4, Line 14likely far higher, as studies show that only 30% of sexual assaults are
Page 4, Line 15reported, meaning thousands more victims may have been harmed.
Page 4, Line 16Transportation network companies have faced lawsuits from passengers
Page 4, Line 17and their own shareholders for failing to disclose the extent of the problem.
Page 4, Line 18(i) Transportation network companies prioritize profits over rider
Page 4, Line 19safety, rolling back protections despite billions of dollars in revenue. The
Page 4, Line 20cost of a background check is negligible compared to the multibillion-dollar net worth and profit of the industry.
Page 4, Line 21(2) Therefore, the general assembly declares that the people of
Page 4, Line 22Colorado require legislation to ensure that all transportation modes,
Page 5, Line 1including transportation network companies, are safe, reliable, and just
Page 5, Line 2and that the people of Colorado have a transportation system that prioritizes their safety.
Page 5, Line 3SECTION 2. In Colorado Revised Statutes, 40-10.1-602, amend (1); and add (1.1), (1.3), (1.5), and (1.7) as follows:
Page 5, Line 440-10.1-602. Definitions. As used in this part 6, unless the context otherwise requires:
Page 5, Line 5(1) (a)
"Personal vehicle" means a vehicle that is used by aPage 5, Line 6
transportation network company driver in connection with providingPage 5, Line 7
services for a transportation network company that meets the vehiclePage 5, Line 8
criteria set forth in this part 6Page 5, Line 9biometric identifiers that are used or intended to be used, singly
Page 5, Line 10or in combination with each other or with other personal data, for identification purposes.
Page 5, Line 11(b) "Biometric data" does not include the following unless the biometric data is used for identification purposes:
Page 5, Line 12(I) A digital or physical photograph;
(II) An audio or voice recording; or
Page 5, Line 13(III) Any data generated from a digital or physical photograph or an audio or video recording.
Page 5, Line 14(1.1) "Biometric identifier" means data generated by the
Page 5, Line 15technological processing, measurement, or analysis of a
Page 5, Line 16consumer's biological, physical, or behavioral characteristics,
Page 5, Line 17which data can be processed for the purpose of uniquely identifying an individual. "Biometric identifier" includes:
Page 5, Line 18(a) A fingerprint;
Page 5, Line 19(b) A voiceprint;
(c) A scan or record of an eye retina or iris;
Page 6, Line 1(d) A facial map, facial geometry, or facial template; or
Page 6, Line 2(e) Other unique biological, physical, or behavioral patterns or characteristics.
Page 6, Line 3(1.3) "Minor" means an individual under eighteen years of age.
Page 6, Line 4(1.5) "Name-based judicial record check" has the meaning set forth in section 22-2-119.3 (6)(d).
Page 6, Line 5(1.7) "Personal vehicle" means a vehicle that is used by a
Page 6, Line 6transportation network company driver in connection with
Page 6, Line 7providing services for a transportation network company and that meets the vehicle criteria set forth in this part 6.
Page 6, Line 8SECTION 3. In Colorado Revised Statutes, 40-10.1-605, amend
Page 6, Line 9(3)(b), (3)(c)(I), (3)(c)(II), and (5); and add (3)(b.5), (3)(c)(V), (3)(c)(VI),
Page 6, Line 10(3)(c)(VII), (3)(c)(VIII), (3)(c)(IX), (3)(d), (3)(e), (7)(c), (7.5), (7.7), and (11) as follows:
Page 6, Line 1140-10.1-605. Operational requirements - criminal history
Page 6, Line 12record check - driver verification - civil action - audio and video
Page 6, Line 13recording - deactivation - offering food or beverage prohibited -
Page 6, Line 14rules. (3) (b) A
driverobtainPage 6, Line 15procure a privately administered criminal history record check
inPage 6, Line 16
accordance with subparagraph (I) of paragraph (a) of this subsection (3)Page 6, Line 17for each individual serving as a driver through use of the
Page 6, Line 18transportation network company's digital network every
five yearsservingPage 6, Line 19(b.5) A transportation network company shall pay the
Page 6, Line 20costs of a criminal history record check conducted pursuant to this subsection (3).
Page 7, Line 1(c) (I)
A personPage 7, Line 2guilty or nolo contendere to driving under the influence of drugs or
Page 7, Line 3alcohol in the previous
sevenPage 7, Line 4driver shall not serve as a driver. If the criminal history record check
Page 7, Line 5performed pursuant to subsection (3)(a) of this section reveals that
Page 7, Line 6the
personPage 7, Line 7contendere to any of the following
felonypersonPage 7, Line 8(A)
AnC.R.S.;Page 7, Line 9(B) An offense involving unlawful sexual behavior, as defined in section 16-22-102 (9);
C.R.S.;Page 7, Line 10(C)
AnC.R.S.; orPage 7, Line 11(D) A crime of violence, as described in section 18-1.3-406;
C.R.S.Page 7, Line 12(E) An offense involving domestic violence, as defined in section 18-6-800.3 (1);
Page 7, Line 13(F) An offense involving stalking, as described in section 18-3-602;
Page 7, Line 14(G) An offense involving harassment, as described in section 18-9-111; or
Page 7, Line 15(H) An offense involving menacing, as described in section 18-3-206.
Page 7, Line 16(II)
A personPage 7, Line 17guilty or nolo contendere to a comparable offense to the offenses
Page 8, Line 1listed in
subparagraph (I) of this paragraph (c)Page 8, Line 2this section in another state or in the United States shall not serve as a driver.
Page 8, Line 3(V) A driver who has been convicted of or pled guilty or
Page 8, Line 4nolo contendere to an offense listed in subsection (3)(c)(I) of
Page 8, Line 5this section shall notify the transportation network company
Page 8, Line 6within forty-eight hours after the individual's conviction was pronounced or plea was entered.
Page 8, Line 7(VI) An individual who has been convicted of or pled
Page 8, Line 8guilty or nolo contendere to driving under the influence of
Page 8, Line 9drugs or alcohol shall not serve as a driver for three years after the conviction was pronounced or the plea was entered.
Page 8, Line 10(VII) An individual who has been disqualified or removed
Page 8, Line 11from driving for a transportation service regulated under this
Page 8, Line 12title 40 or disqualified or removed from driving under a
Page 8, Line 13substantially similar law of another state for an incident
Page 8, Line 14involving any of the following activities shall not serve as a driver:
Page 8, Line 15(A) Physical assault;
(B) Sexual assault;
Page 8, Line 16(C) Harassment;
(D) Kidnapping;
Page 8, Line 17(E) Felony robbery;
(F) Menacing;
Page 8, Line 18(G) Account sharing; or
(H) Impersonating a driver.
Page 8, Line 19(VIII) An individual shall not serve as a driver for a transportation network company if the individual:
Page 9, Line 1(A) Has an authorized profile to drive for a transportation network company; and
Page 9, Line 2(B) Is confirmed by a transportation network company to
Page 9, Line 3have allowed another individual to drive for the
Page 9, Line 4transportation network company under the authorized profile
Page 9, Line 5or has used another individual's authorized profile to accept a prearranged ride for a transportation network company.
Page 9, Line 6(IX) If a person files a complaint with a transportation
Page 9, Line 7network company or the commission regarding the allegations
Page 9, Line 8described in subsection (3)(d)(I) of this section against an
Page 9, Line 9individual acting as a driver through use of the transportation
Page 9, Line 10network company's digital network, the transportation
Page 9, Line 11network company shall procure a privately administered
Page 9, Line 12criminal history record check for the individual acting as a driver.
Page 9, Line 13(d) (I) A transportation network company shall initiate
Page 9, Line 14a review of a driver for deactivation pursuant to subsection
Page 9, Line 15(3)(d)(II) of this section if the transportation network company
Page 9, Line 16is notified through a complaint filed with the transportation
Page 9, Line 17network company or the commission or through contact by the
Page 9, Line 18commission, the office of the attorney general, a district
Page 9, Line 19attorney's office, or law enforcement agency regarding an allegation against the driver of:
Page 9, Line 20(A) Physical assault;
(B) Sexual assault;
Page 9, Line 21(C) Kidnapping;
(D) Felony robbery;
Page 10, Line 1(E) Menacing; or
(F) Homicide.
Page 10, Line 2(II) Within seventy-two hours after receiving notice of an
Page 10, Line 3allegation against a driver as described in subsection (3)(d)(I) of
Page 10, Line 4this section, the transportation network company shall review
Page 10, Line 5the available evidence and, if the transportation network
Page 10, Line 6company determines that the allegation is more than likely to
Page 10, Line 7have occurred, the transportation network company shall
Page 10, Line 8deactivate the driver from the transportation network
Page 10, Line 9company's digital platform in accordance with the
Page 10, Line 10transportation network company's deactivation and suspension policy developed pursuant to section 8-4-127.
Page 10, Line 11(e) (I) A driver who has been deactivated pursuant to
Page 10, Line 12subsection (3)(d) of this section may, within thirty calendar days
Page 10, Line 13after receiving a written notice of the deactivation, challenge,
Page 10, Line 14in writing, the deactivation with the transportation network
Page 10, Line 15company pursuant to the transportation network company's
Page 10, Line 16internal deactivation review process established pursuant to section 8-4-127 (5).
Page 10, Line 17(II) A transportation network company shall conduct an
Page 10, Line 18internal deactivation reconsideration of a challenged
Page 10, Line 19deactivation within fourteen calendar days after the driver
Page 10, Line 20makes the written request for deactivation reconsideration in
Page 10, Line 21accordance with section 8-4-127 (5)(b); except that the
Page 10, Line 22transportation network company may notify the driver in
Page 10, Line 23writing of a continuance of the deactivation reconsideration if
Page 11, Line 1the driver has not provided sufficient evidence or
Page 11, Line 2documentation for consideration by the transportation
Page 11, Line 3network company or if circumstances outside of the
Page 11, Line 4transportation network company's control necessitate additional time to reconsider the challenged deactivation.
Page 11, Line 5(III) A transportation network company's internal
Page 11, Line 6deactivation review process developed pursuant to section 8-4-127 (5) must:
Page 11, Line 7(A) Require consideration of all relevant, available information;
Page 11, Line 8(B) Be conducted in good faith; and
Page 11, Line 9(C) Apply evenhandedly the transportation network
Page 11, Line 10company's deactivation policy, consistent with the
Page 11, Line 11transportation network company's interest in safe and efficient operations.
Page 11, Line 12(IV) The transportation network company's resolution of
Page 11, Line 13a driver's challenge to a deactivation must include a written
Page 11, Line 14statement that the transportation network company sends the
Page 11, Line 15driver through the transportation network company's digital
Page 11, Line 16platform and via email or other mechanism that the
Page 11, Line 17transportation network company reasonably expects will
Page 11, Line 18remain accessible to the driver for at least one year. The written statement must include:
Page 11, Line 19(A) A determination affirming deactivation and including
Page 11, Line 20a summary of the reasons for the deactivation and a description
Page 11, Line 21of the steps the driver may take, if any, to remedy the alleged
Page 11, Line 22violation; or
Page 12, Line 1(B) A determination that the driver did not violate the
Page 12, Line 2transportation network company's deactivation policy or that
Page 12, Line 3the driver remedied any violation of the policy, which
Page 12, Line 4determination must be accompanied by reactivation of the
Page 12, Line 5driver's account within twenty-four hours after the determination is made.
Page 12, Line 6(V) The transportation network company's resolution of
Page 12, Line 7a driver's challenge to a deactivation must include a written
Page 12, Line 8statement that the transportation network company sends the
Page 12, Line 9party that filed a complaint pursuant to subsection (3)(d)(I) of
Page 12, Line 10this section through the transportation network company's
Page 12, Line 11digital platform and via email detailing the disposition of the driver's challenge.
Page 12, Line 12(5) (a) If
anyPage 12, Line 13against a transportation network company or driver, the commission may
Page 12, Line 14inspect the transportation network company's records as reasonably necessary to investigate and resolve the complaint.
Page 12, Line 15(b) If a person files a complaint against a transportation
Page 12, Line 16network company or driver, the transportation network
Page 12, Line 17company shall respond to a subpoena or search warrant for
Page 12, Line 18information related to the complaint from a court, the office of
Page 12, Line 19the attorney general, a district attorney's office, the
Page 12, Line 20commission, or a law enforcement agency no later than forty-eight hours after the request is made.
Page 12, Line 21(7) (c) (I) The attorney general or a person injured or
Page 12, Line 22harmed by an alleged violation of this section may initiate a
Page 12, Line 23civil proceeding in a district court against a transportation network company or a driver that violates this section.
Page 13, Line 1(II) A violation of this section by a transportation
Page 13, Line 2network company that results in injury or death to an individual has a significant public impact.
Page 13, Line 3(7.5) (a) On and after January 1, 2026, a transportation
Page 13, Line 4network company shall ensure that each prearranged ride is
Page 13, Line 5continuously audio and video recorded from when the driver
Page 13, Line 6picks up the rider in a personal vehicle until when the rider departs from the personal vehicle.
Page 13, Line 7(b) A transportation network company shall:
Page 13, Line 8(I) Notify the driver in an online application that each prearranged ride is continuously audio and video recorded; and
Page 13, Line 9(II) Ensure that each rider in a prearranged ride is
Page 13, Line 10notified in the personal vehicle that the ride is continuously audio and video recorded.
Page 13, Line 11(7.7) A driver or a rider shall not provide, offer to
Page 13, Line 12provide, sell, or offer to sell to another driver or rider food or a beverage.
Page 13, Line 13(11) Subsections (3)(c)(VII), (3)(c)(IX), (3)(d), (3)(e), (7)(c),
Page 13, Line 14(7.5), and (7.7) of this section do not apply to a transportation network company that:
Page 13, Line 15(a) Either serves riders at least seventy-five percent of
Page 13, Line 16whom are under the age of eighteen or earns at least ninety
Page 13, Line 17percent of the transportation network company's revenue from
Page 13, Line 18contracts with a public or private school, the federal
Page 13, Line 19government, the state, or an agency or a political subdivision of
Page 13, Line 20the federal government or of the state; and
Page 14, Line 1(b) Has at least ninety percent of the transportation
Page 14, Line 2network company's drivers in compliance with the commission's rules promulgated pursuant to section 40-10.1-608 (3)(a).
Page 14, Line 3SECTION 4. In Colorado Revised Statutes, 40-10.1-609, add (3) and (4) as follows:
Page 14, Line 440-10.1-609. Reporting requirements - report - rules. (3) On
Page 14, Line 5or before February 1, 2026, and on or before February 1 each
Page 14, Line 6year thereafter, a transportation network company shall
Page 14, Line 7submit a report that includes the following data to the
Page 14, Line 8commission, the attorney general, and each member of the general assembly:
Page 14, Line 9(a) The number of reported safety incidents involving a
Page 14, Line 10driver who provided services for or a rider who received
Page 14, Line 11services from the transportation network company in the
Page 14, Line 12preceding calendar year. The report must include the number of reported instances of:
Page 14, Line 13(I) Physical assault;
(II) Sexual assault;
Page 14, Line 14(III) Verbal threats;
(IV) Stalking;
Page 14, Line 15(V) Harassment;
(VI) Theft;
Page 14, Line 16(VII) A motor vehicle accident, including an indication of
Page 14, Line 17whether the driver was at fault or the driver was not at fault; and
Page 14, Line 18(VIII) Homicide; and
Page 14, Line 19(b) The number of reported incidents of discriminatory
Page 15, Line 1speech or discriminatory conduct involving a driver who
Page 15, Line 2provided services for or a rider who received services from the transportation network company.
Page 15, Line 3(4) Subsection (3) of this section does not apply to a transportation network company that:
Page 15, Line 4(a) Either serves riders at least seventy-five percent of
Page 15, Line 5whom are under the age of eighteen or earns at least ninety
Page 15, Line 6percent of the transportation network company's revenue from
Page 15, Line 7contracts with a public or private school, the federal
Page 15, Line 8government, the state, or an agency or a political subdivision of the federal government or of the state; and
Page 15, Line 9(b) Has at least ninety percent of the transportation
Page 15, Line 10network company's drivers in compliance with the commission's rules promulgated pursuant to section 40-10.1-608 (3)(a).
Page 15, Line 11SECTION 5. In Colorado Revised Statutes, add 40-10.1-610 as follows:
Page 15, Line 1240-10.1-610. Consumer protection - waiver of rights void -
Page 15, Line 13biometric data and biometric identifiers - safety policies - training -
Page 15, Line 14data retention - rules. (1) A provision in a contract between a
Page 15, Line 15transportation network company and a rider is void as against public policy if the provision attempts to waive or waives:
Page 15, Line 16(a) A right specified in this part 6;
Page 15, Line 17(b) A right provided by the "Colorado Consumer Protection Act", article 1 of title 6; or
Page 15, Line 18(c) The right to a jury trial.
Page 15, Line 19(2) (a) Within thirty days after the effective date of this
Page 15, Line 20section, a transportation network company shall:
Page 16, Line 1(I) Develop a policy to prevent imposter accounts, account sharing, and account renting;
Page 16, Line 2(II) Develop a policy to prevent sexual assault, physical
Page 16, Line 3assault, and homicide against or committed by the transportation network company's drivers;
Page 16, Line 4(III) Develop and enforce a policy prohibiting the
Page 16, Line 5transport of an unaccompanied minor unless the minor is part of
Page 16, Line 6a duly authorized family account, in which a parent or guardian
Page 16, Line 7must be present when the minor enters the vehicle or confirms authorization for the prearranged ride;
Page 16, Line 8(IV) Except as authorized in a policy developed pursuant
Page 16, Line 9to subsection (2)(a)(III) of this section, develop a policy that
Page 16, Line 10allows a driver to refuse a prearranged ride to an individual
Page 16, Line 11who is not authorized to use the account requesting the
Page 16, Line 12prearranged ride. The policy must ensure that the driver is not
Page 16, Line 13penalized by the transportation network company for refusing
Page 16, Line 14a prearranged ride to an individual who is not the authorized rider on the account requesting the prearranged ride.
Page 16, Line 15(V) Develop a policy establishing procedures for
Page 16, Line 16deactivation of a driver if the transportation network company
Page 16, Line 17is notified of an allegation against a driver as described in section 40-10.1-605 (3)(d);
Page 16, Line 18(VI) Develop a policy to notify and train drivers and
Page 16, Line 19riders of any updates to transportation network company policies impacting drivers and riders;
Page 16, Line 20(VII) Develop a policy requiring drivers to report and a
Page 16, Line 21process for drivers to report information regarding a
Page 17, Line 1conviction of or a plea of guilty or nolo contendere to the offenses described in section 40-10.1-605 (3)(c)(I);
Page 17, Line 2(VIII) Develop a policy to prevent crimes committed against drivers by riders;
Page 17, Line 3(IX) Provide copies of the policies created pursuant to this
Page 17, Line 4subsection (2) to the attorney general and to the commission; and
Page 17, Line 5(X) Provide copies of the policies created pursuant to this
Page 17, Line 6subsection (2) to every driver who provides services for the transportation network company.
Page 17, Line 7(b) Within ten business days after an update to a policy
Page 17, Line 8created pursuant to this subsection (2), a transportation
Page 17, Line 9network company shall provide a copy of the updated policy to
Page 17, Line 10the attorney general, the commission, and every driver who provides services for the transportation network company.
Page 17, Line 11(3) (a) A transportation network company shall not
Page 17, Line 12collect biometric data or biometric identifiers from a driver or rider without first obtaining the consent of the driver or rider.
Page 17, Line 13(b) If a transportation network company collects
Page 17, Line 14biometric data or biometric identifiers from a driver or rider,
Page 17, Line 15the transportation network company shall comply with section 6-1-1314.
Page 17, Line 16(4) (a) A transportation network company shall process
Page 17, Line 17data in compliance with the "Colorado Privacy Act", part 13 of article 1 of title 6.
Page 17, Line 18(b) Within ninety days after the effective date of this
Page 17, Line 19section, the commission shall adopt rules governing the
Page 18, Line 1retention, storage, and use of and access to the data collected by a transportation network company.
Page 18, Line 2(c) Until the commission adopts rules governing data
Page 18, Line 3collected by a transportation network company pursuant to
Page 18, Line 4subsection (4)(b) of this section, a transportation network
Page 18, Line 5company shall retain all audio and video recordings from a
Page 18, Line 6prearranged ride for thirty days after the prearranged ride;
Page 18, Line 7except that, if a person files a complaint against a
Page 18, Line 8transportation network company with the commission or a
Page 18, Line 9prearranged ride is the subject of an active law enforcement
Page 18, Line 10investigation, the transportation network company shall retain
Page 18, Line 11the audio and video recording for one year or until the investigation is completed, whichever is longer.
Page 18, Line 12(d) Within ninety days after the effective date of this
Page 18, Line 13section, the commission shall adopt rules governing a
Page 18, Line 14complainant's access to the data collected by a transportation
Page 18, Line 15network company related to a complaint filed pursuant to section 40-10.1-605 (3)(d)(I).
Page 18, Line 16(5) This section does not apply to a transportation network company that:
Page 18, Line 17(a) Either serves riders at least seventy-five percent of
Page 18, Line 18whom are under the age of eighteen or earns at least ninety
Page 18, Line 19percent of the transportation network company's revenue from
Page 18, Line 20contracts with a public or private school, the federal
Page 18, Line 21government, the state, or an agency or a political subdivision of the federal government or of the state; and
Page 18, Line 22(b) Has at least ninety percent of the transportation
Page 19, Line 1network company's drivers in compliance with the commission's rules promulgated pursuant to section 40-10.1-608 (3)(a).
Page 19, Line 2SECTION 6. In Colorado Revised Statutes, 40-7-113, aend (1) introductory portion and (1)(g); and add (1)(b.5) as follows:
Page 19, Line 340-7-113. Civil penalties - fines. (1) In addition to any other
Page 19, Line 4penalty otherwise authorized by law and except as otherwise provided in
Page 19, Line 5subsections (3) and (4) of this section,
anywhoPage 19, Line 6article 10.1 or 10.5 of this title 40 or
anypromulgatedPage 19, Line 7the commission pursuant to article 10.1 or 10.5 of this title 40, which
Page 19, Line 8article or rule is applicable to the person, may be subject to fines as
specified in the following paragraphsPage 19, Line 9(b.5) A transportation network company that violates
Page 19, Line 10part 6 of article 10.1 of this title 40 may be assessed a civil
Page 19, Line 11penalty of not more than one hundred thousand dollars for each violation.
Page 19, Line 12(g) A person
whoanyPage 19, Line 1310.5 of this title 40 not enumerated in subsection (1)(a), (1)(b), (1)(b.5),
Page 19, Line 14or (1)(e) of this section,
anypromulgatedPage 19, Line 15commission pursuant to this title 40, or
anyPage 19, Line 16department of public safety relating to motor carriers as defined in section
Page 19, Line 1740-10.1-101 may be assessed a civil penalty of not more than one
Page 19, Line 18thousand one hundred dollars; except that
anywhoPage 19, Line 19violates a safety rule
promulgatedPage 19, Line 20to the civil penalties authorized pursuant to 49 CFR 386, subpart G, and
Page 19, Line 21associated appendices to
part 386Page 19, Line 22SECTION 7. In Colorado Revised Statutes, 6-1-105, add (1)(iiii) and (1)(jjjj) as follows:
Page 20, Line 16-1-105. Unfair or deceptive trade practices - definitions.
Page 20, Line 2(1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:
Page 20, Line 3(iiii) Misrepresents the person's compliance with part 6 of article 10.1 of title 40;
Page 20, Line 4(jjjj) Alters the rating a rider assigned a driver or the
Page 20, Line 5rating a driver assigned a rider on a transportation network
Page 20, Line 6company's digital platform, as those terms are defined in section
Page 20, Line 740-10.1-602, or assigns an automatic or default driver rating that the rider did not assign.
Page 20, Line 8SECTION 8. Applicability. This act applies to offenses committed on or after the effective date of this act.
Page 20, Line 9SECTION 9. Safety clause. The general assembly finds,
Page 20, Line 10determines, and declares that this act is necessary for the immediate
Page 20, Line 11preservation of the public peace, health, or safety or for appropriations for
Page 20, Line 12the support and maintenance of the departments of the state and state institutions.