House Bill 26-1043 Introduced

A Bill for an Act

• Page 1, Line 101Concerning measures to address discriminatory conduct

• Page 1, Line 102engaged in by transportation network company drivers

• Page 1, Line 103in providing services to riders.

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.)

Under current law, the public utilities commission (commission) may assess a civil penalty in an amount up to $550 against a transportation network company (TNC) if the TNC had written notice of a TNC driver's violation of certain prohibitions against discriminating against riders and the TNC failed to reasonably address the violation. Additionally, a driver is required to report to the TNC any refusal by the driver to provide services to a rider, and the TNC is required to annually report all such refusals to the commission.

The bill removes the condition that a TNC first have written notice of a driver's violation of the discriminatory prohibitions before a civil penalty may be assessed against the TNC and increases the maximum civil penalty to $5,000. The bill also requires:

• A TNC to provide monthly, rather than annual, reporting to the commission regarding drivers' refusal to provide services;
• A TNC to provide a mechanism to allow a consumer to report a driver's refusal to provide transport to the consumer directly on the TNC's digital platform, which information must be included in the TNC's monthly report; and
• The commission to anonymize the TNCs' monthly reports and make the anonymized reports available to the public.

The commission may assess a civil penalty in an amount up to $5,000 for a TNC's failure to comply with the reporting requirements.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 40-10.1-605, amend

• Page 2, Line 3(7) and (9) as follows:

• Page 2, Line 440-10.1-605.  Operational requirements - rules.

• Page 2, Line 5(7) (a)  A transportation network company is not liable for a

• Page 2, Line 6driver's violation of subsection (6) of this section unless the driver's

• Page 2, Line 7violation has been previously reported to the transportation network

• Page 2, Line 8company in writing, and the transportation network company has failed

• Page 2, Line 9to reasonably address the alleged violation. The commission shall afford

• Page 2, Line 10a transportation network company the same due process rights afforded

• Page 2, Line 11transportation providers in defending against civil penalties assessed by

• Page 2, Line 12the commission.

• Page 2, Line 13(b)  The commission may assess a civil penalty in an amount up

• Page 2, Line 14to five hundred fifty thousand dollars under this subsection (7) for a

• Page 3, Line 1transportation network company's violation of subsection (6) or

• Page 3, Line 2(9) of this section.

• Page 3, Line 3(9) (a)  A driver shall immediately report to the transportation

• Page 3, Line 4network company any refusal to transport a passenger pursuant to

• Page 3, Line 5paragraph (a) of subsection (6) subsection (6)(a) of this section, and the

• Page 3, Line 6transportation network company shall annually report all such refusals to

• Page 3, Line 7the commission on a monthly basis in a form and manner determined

• Page 3, Line 8by the commission.

• Page 3, Line 9(b)  A transportation network company shall provide a

• Page 3, Line 10mechanism to allow a consumer to report directly on the

• Page 3, Line 11transportation network company's digital platform a driver's

• Page 3, Line 12refusal to transport the consumer in violation of subsection

• Page 3, Line 13(6)(a) of this section. The reporting mechanism must be accessible

• Page 3, Line 14and conspicuously located on the digital platform. The

• Page 3, Line 15transportation network company shall include any consumer

• Page 3, Line 16reports received pursuant to this subsection (9)(b) in the

• Page 3, Line 17transportation network company's monthly reports submitted

• Page 3, Line 18pursuant to subsection (9)(a) of this section.

• Page 3, Line 19(c)  The commission shall anonymize the data included in

• Page 3, Line 20the monthly reports and make the anonymized reports available

• Page 3, Line 21to the public.

• Page 3, Line 22SECTION 2.  Act subject to petition - effective date -

• Page 3, Line 23applicability. (1)  This act takes effect at 12:01 a.m. on the day following

• Page 3, Line 24the expiration of the ninety-day period after final adjournment of the

• Page 3, Line 25general assembly (August 12, 2026, if adjournment sine die is on May 13,

• Page 3, Line 262026); except that, if a referendum petition is filed pursuant to section 1

• Page 3, Line 27(3) of article V of the state constitution against this act or an item, section,

• Page 4, Line 1or part of this act within such period, then the act, item, section, or part

• Page 4, Line 2will not take effect unless approved by the people at the general election

• Page 4, Line 3to be held in November 2026 and, in such case, will take effect on the

• Page 4, Line 4date of the official declaration of the vote thereon by the governor.

• Page 4, Line 5(2)  This act applies to conduct occurring on or after the applicable

• Page 4, Line 6effective date of this act.