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":
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),(1.7), and (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 8(7) "Youth" means an individual under fifteen years of age.
Page 6, Line 9SECTION 3. In Colorado Revised Statutes, 40-10.1-605, amend
Page 6, Line 10(3)(b), (3)(c)(I), (3)(c)(II), and (5); and add (3)(b.5), (3)(c)(V), (3)(c)(VI),
Page 6, Line 11(3)(c)(VII), (3)(c)(VIII), (3)(c)(IX), (3)(d), (3)(e), (7)(c), (7.5), (7.7), (7.8), and (11) as follows:
Page 6, Line 1240-10.1-605. Operational requirements - criminal history
Page 6, Line 13record check - driver verification - civil action - audio and video
Page 6, Line 14recording - deactivation - offering food or beverage prohibited -
Page 6, Line 15reviews and ratings - rules. (3) (b) A
driverPage 6, Line 16network company shall
obtainPage 6, Line 17criminal history record check
in accordance with subparagraph (I) ofPage 6, Line 18
paragraph (a) of this subsection (3)Page 6, Line 19driver through use of the transportation network company's
Page 6, Line 20digital network every
five yearsservingPage 7, Line 1(b.5) A transportation network company shall pay the
Page 7, Line 2costs of a criminal history record check conducted pursuant to this subsection (3).
Page 7, Line 3(c) (I)
A personPage 7, Line 4guilty or nolo contendere to driving under the influence of drugs or
Page 7, Line 5alcohol in the previous
sevenPage 7, Line 6driver shall not serve as a driver. If the criminal history record check
Page 7, Line 7performed pursuant to subsection (3)(a) of this section reveals that
Page 7, Line 8the
personPage 7, Line 9contendere to any of the following
felonypersonPage 7, Line 10(A)
AnC.R.S.;Page 7, Line 11(B) An offense involving unlawful sexual behavior, as defined in section 16-22-102 (9);
C.R.S.;Page 7, Line 12(C)
AnC.R.S.; orPage 7, Line 13(D) A crime of violence, as described in section 18-1.3-406;
C.R.S.Page 7, Line 14(E) An offense involving domestic violence, as defined in section 18-6-800.3 (1);
Page 7, Line 15(F) An offense involving stalking, as described in section 18-3-602;
Page 7, Line 16(G) An offense involving harassment, as described in section 18-9-111; or
Page 7, Line 17(H) An offense involving menacing, as described in section 18-3-206.
Page 8, Line 1(II)
A personPage 8, Line 2guilty or nolo contendere to a comparable offense to the offenses
Page 8, Line 3listed in
subparagraph (I) of this paragraph (c)Page 8, Line 4this section in another state or in the United States shall not serve as a driver.
Page 8, Line 5(V) (A) A driver who has been convicted of or pled guilty
Page 8, Line 6or nolo contendere to an offense listed in subsection (3)(c)(I) of
Page 8, Line 7this section has a duty to notify the transportation network
Page 8, Line 8company within forty-eight hours after the individual's conviction was pronounced or plea was entered.
Page 8, Line 9(B) A transportation network company shall create a
Page 8, Line 10procedure for a driver to notify the transportation network
Page 8, Line 11company of a conviction in writing pursuant to subsection
Page 8, Line 12(3)(c)(V)(A) of this section. The procedure must include an
Page 8, Line 13acknowledgment of receipt of the notification by the transportation network company that is sent to the driver.
Page 8, Line 14(VI) An individual who has been convicted of or pled
Page 8, Line 15guilty or nolo contendere to driving under the influence of
Page 8, Line 16drugs or alcohol shall not serve as a driver for three years after the conviction was pronounced or the plea was entered.
Page 8, Line 17(VII) An individual who has been disqualified or removed
Page 8, Line 18from driving for a transportation service regulated under this
Page 8, Line 19title 40 or disqualified or removed from driving under a
Page 8, Line 20substantially similar law of another state for an incident
Page 8, Line 21involving any of the following activities shall not serve as a
Page 8, Line 22driver:
(A) Physical assault;
Page 9, Line 1(B) Sexual assault;
(C) Harassment;
Page 9, Line 2(D) Kidnapping;
(E) Felony robbery;
Page 9, Line 3(F) Menacing;
(G) Account sharing; or
Page 9, Line 4(H) Impersonating a driver.
Page 9, Line 5(VIII) An individual shall not serve as a driver for a transportation network company if the individual:
Page 9, Line 6(A) Has an authorized profile to drive for a transportation network company; and
Page 9, Line 7(B) Is confirmed by a transportation network company to
Page 9, Line 8have allowed another individual to drive for the
Page 9, Line 9transportation network company under the authorized profile
Page 9, Line 10or has used another individual's authorized profile to accept a prearranged ride for a transportation network company.
Page 9, Line 11(IX) If a person files a complaint with a transportation
Page 9, Line 12network company or the commission regarding the allegations
Page 9, Line 13described in subsection (3)(d)(I) of this section against an
Page 9, Line 14individual acting as a driver through use of the transportation
Page 9, Line 15network company's digital network, the transportation
Page 9, Line 16network company shall procure a privately administered
Page 9, Line 17criminal history record check for the individual acting as a driver.
Page 9, Line 18(d) (I) A transportation network company shall initiate
Page 9, Line 19a review of a driver for deactivation pursuant to subsection
Page 10, Line 1(3)(d)(II) of this section if the transportation network company
Page 10, Line 2is notified through a complaint filed with the transportation
Page 10, Line 3network company or the commission or through contact by the
Page 10, Line 4commission, the office of the attorney general, a district
Page 10, Line 5attorney's office, or law enforcement agency regarding an allegation against the driver of:
Page 10, Line 6(A) Physical assault;
(B) Sexual assault;
Page 10, Line 7(C) Kidnapping;
(D) Felony robbery;
Page 10, Line 8(E) Menacing; or
(F) Homicide.
Page 10, Line 9(II) Withinseven business daysafter receiving notice of an
Page 10, Line 10allegation against a driver as described in subsection (3)(d)(I) of
Page 10, Line 11this section, the transportation network company shall review
Page 10, Line 12the available evidence and, if the transportation network
Page 10, Line 13company determines that the allegation is more than likely to
Page 10, Line 14have occurred, the transportation network company shall
Page 10, Line 15deactivate the driver from the transportation network
Page 10, Line 16company's digital platform in accordance with the
Page 10, Line 17transportation network company's deactivation and suspension policy developed pursuant to section 8-4-127.
Page 10, Line 18(III) The commission shall create a process by rule for
Page 10, Line 19sharing information between transportation network companies regarding deactivation of riders and drivers.
Page 10, Line 20(e) (I) A driver who has been deactivated pursuant to
Page 10, Line 21subsection (3)(d) of this section may, within thirty calendar days
Page 11, Line 1after receiving a written notice of the deactivation, challenge,
Page 11, Line 2in writing, the deactivation with the transportation network
Page 11, Line 3company pursuant to the transportation network company's
Page 11, Line 4internal deactivation review process established pursuant to section 8-4-127 (5).
Page 11, Line 5(II) A transportation network company shall conduct an
Page 11, Line 6internal deactivation reconsideration of a challenged
Page 11, Line 7deactivation within fourteen calendar days after the driver
Page 11, Line 8makes the written request for deactivation reconsideration in
Page 11, Line 9accordance with section 8-4-127 (5)(b); except that the
Page 11, Line 10transportation network company may notify the driver in
Page 11, Line 11writing of a continuance of the deactivation reconsideration if
Page 11, Line 12the driver has not provided sufficient evidence or
Page 11, Line 13documentation for consideration by the transportation
Page 11, Line 14network company or if circumstances outside of the
Page 11, Line 15transportation network company's control necessitate additional time to reconsider the challenged deactivation.
Page 11, Line 16(III) A transportation network company's internal
Page 11, Line 17deactivation review process developed pursuant to section 8-4-127 (5) must:
Page 11, Line 18(A) Require consideration of all relevant, available information;
Page 11, Line 19(B) Be conducted in good faith; and
Page 11, Line 20(C) Apply evenhandedly the transportation network
Page 11, Line 21company's deactivation policy, consistent with the
Page 11, Line 22transportation network company's interest in safe and efficient
Page 11, Line 23operations.
Page 12, Line 1(IV) The transportation network company's resolution of
Page 12, Line 2a driver's challenge to a deactivation must include a written
Page 12, Line 3statement that the transportation network company sends the
Page 12, Line 4driver through the transportation network company's digital
Page 12, Line 5platform and via email or other mechanism that the
Page 12, Line 6transportation network company reasonably expects will
Page 12, Line 7remain accessible to the driver for at least one year. The written statement must include:
Page 12, Line 8(A) A determination affirming deactivation and including
Page 12, Line 9a summary of the reasons for the deactivation and a description
Page 12, Line 10of the steps the driver may take, if any, to remedy the alleged violation; or
Page 12, Line 11(B) A determination that the driver did not violate the
Page 12, Line 12transportation network company's deactivation policy or that
Page 12, Line 13the driver remedied any violation of the policy, which
Page 12, Line 14determination must be accompanied by reactivation of the
Page 12, Line 15driver's account within twenty-four hours after the determination is made.
Page 12, Line 16(V) The transportation network company's resolution of
Page 12, Line 17a driver's challenge to a deactivation must include the option
Page 12, Line 18for the party that filed a complaint pursuant to subsection
Page 12, Line 19(3)(d)(I) of this section to opt in to receive updates that the
Page 12, Line 20transportation network company sends through the
Page 12, Line 21transportation network company's digital platform and via email detailing the disposition of the driver's challenge.
Page 12, Line 23(5) (a) If
anyPage 13, Line 1against a transportation network company or driver, the commission may
Page 13, Line 2inspect the transportation network company's records as reasonably necessary to investigate and resolve the complaint.
Page 13, Line 3(b) If a person files a complaint against a transportation
Page 13, Line 4network company or driver, the transportation network
Page 13, Line 5company shall respond to a subpoena or search warrant for
Page 13, Line 6information related to the complaint from a court, the office of
Page 13, Line 7the attorney general, a district attorney's office, the
Page 13, Line 8commission, or a law enforcement agency no later thantwo
Page 13, Line 9business days after the request is made, unless otherwise agreed upon by the subpoenaing party.
Page 13, Line 10(7) (c) (I) The attorney general or a personinjured or
Page 13, Line 11harmed by an alleged violation of this sectionthat results in
Page 13, Line 12injury or harmto a minormay initiate a civil proceeding in a
Page 13, Line 13district court against a transportation networkcompany, a driver, or a riderthat violates this section.
Page 13, Line 14(II) A person injured or harmed by an alleged violation of
Page 13, Line 15this section committed by a transportation network company, a
Page 13, Line 16driver, or a rider that results in death, sexual assault,
Page 13, Line 17kidnapping, or personal injury to an individual who is not a minor
Page 13, Line 18may initiate a civil proceeding in a district court against the transportation network company, the driver, or the rider.
Page 13, Line 19(III) A violation of this section by a transportation
Page 13, Line 20network company that results in injury or death to an individual has a significant public impact.
Page 13, Line 21(7.5) (a) A transportation network company:
Page 13, Line 22(I) Shall ensure that a driver or rider may opt in to audio
Page 14, Line 1and video recording of each prearranged ride in accordance
Page 14, Line 2with rules adopted by the commission pursuant to subsection(7.5)(b) of this section; and
Page 14, Line 3(II) Shall not charge a fee or increase the cost of a
Page 14, Line 4prearranged ride for a rider who opts in to audio and video recording pursuant to this subsection (7.5).
Page 14, Line 5(b) On or before November 1, 2025, the commission shall adopt rules:
Page 14, Line 6(I) Establishing requirements and procedures for audio
Page 14, Line 7and video recording of a prearranged ride conducted pursuant to subsection (7.5)(a) of this section, including rules regarding:
Page 14, Line 8(A) The deadlines for implementation of audio and video recording;
Page 14, Line 9(B) Access to, storage of, and encryption of audio and
Page 14, Line 10videorecording, including measures to promote victim-survivor privacy and choice;
Page 14, Line 11(C) Transferring audio and video recording and related
Page 14, Line 12data between a transportation network company and the driver or rider;
Page 14, Line 13(D) Notification by a transportation network company to
Page 14, Line 14a driver and rider that a prearranged ride is continuously audio and video recorded; and
Page 14, Line 15(E) Education provided by a transportation network
Page 14, Line 16company to a driver and rider regarding the safety benefits of audio and video recording of a prearranged ride;
Page 14, Line 17(II) Governing technology failures related to audio and
Page 14, Line 18video recording conducted pursuant to subsection (7.5)(a) of this
Page 15, Line 1section, including rules that hold harmless a transportation
Page 15, Line 2network company for a technological failure outside of the
Page 15, Line 3control of the transportation network company if the
Page 15, Line 4transportation network company is otherwise acting in good
Page 15, Line 5faith to conduct audio and video recording of a prearranged ride pursuant to subsection (7.5)(a) of this section.
Page 15, Line 6(III) Ensuringthat a driver does not suffer an undue
Page 15, Line 7burden from purchasing technology to enable audio and video
Page 15, Line 8recording conducted pursuant to subsection (7.5)(a) of this section.
Page 15, Line 9(7.7) (a) A transportation network company shall
Page 15, Line 10maintain clear policies prohibiting drivers or riders from
Page 15, Line 11offering, selling, or providing food or beverage to another driver or rider.
Page 15, Line 12(b) The commission may conduct random compliance
Page 15, Line 13checks to ensure that a transportation network company is in compliance with subsection (7.7)(a) of this section.
Page 15, Line 14(7.8) (a) A transportation network company shall not:
Page 15, Line 15(I) Alter the rating a rider assigned a driver or the rating
Page 15, Line 16a driver assigned a rider on a transportation network company's digital platform;
Page 15, Line 17(II) Assign an automatic or default driver rating that the rider did not assign; or
Page 15, Line 18(III) Assign an automatic or default rider rating that the driver did not assign.
Page 15, Line 19(b) A transportation network company may delete
Page 15, Line 20ratings or reviews that are motivated by bias or fraud.A
Page 16, Line 1transportation network company shall not consider negative
Page 16, Line 2ratings or reviews that are motivated by bias or fraud in a
Page 16, Line 3review of a driver for deactivation conducted pursuant to
Page 16, Line 4subsection (3)(d) of this section or an internal deactivation
Page 16, Line 5reconsideration conducted pursuant to subsection (3)(e) of this section or section 8-4-127 (5).
Page 16, Line 7(11) Subsections (3)(c)(VII), (3)(c)(IX), (3)(d), (3)(e), (7)(c),
Page 16, Line 8(7.5),(7.7), and (7.8)of this section do not apply to a transportation network company that:
Page 16, Line 9(a) Either serves riders at least seventy-five percent of
Page 16, Line 10whom are under the age of eighteen or earns at least ninety
Page 16, Line 11percent of the transportation network company's revenue from
Page 16, Line 12contracts with a public or private school, the federal
Page 16, Line 13government, the state, or an agency or a political subdivision of the federal government or of the state; and
Page 16, Line 14(b) Has at least ninety percent of the transportation
Page 16, Line 15network company's drivers in compliance with the commission's rules promulgated pursuant to section 40-10.1-608 (3)(a).
Page 16, Line 16SECTION 4. In Colorado Revised Statutes, 40-10.1-609, add (3) and (4) as follows:
Page 16, Line 1740-10.1-609. Reporting requirements - report - rules. (3) On
Page 16, Line 18or before February 1, 2026, and on or before February 1 each
Page 16, Line 19year thereafter, a transportation network company shall
Page 16, Line 20submit a report that includes the following data to the
Page 16, Line 21commission, the attorney general, and each member of the
Page 16, Line 22general assembly:
Page 17, Line 1(a) The number of reported safety incidents involving a
Page 17, Line 2driver who provided services for or a rider who received
Page 17, Line 3services from the transportation network company in the
Page 17, Line 4preceding calendar year. The report must include the number of reported instances of:
Page 17, Line 5(I) Physical assault;
(II) Sexual assault;
Page 17, Line 6(III) Verbal threats;
(IV) Stalking;
Page 17, Line 7(V) Harassment;
(VI) Theft;
Page 17, Line 8(VII) A motor vehicleaccident; and
(VIII) Homicide; and
Page 17, Line 9(b) The number of reported incidents of discriminatory
Page 17, Line 10speech or discriminatory conduct involving a driver who
Page 17, Line 11provided services for or a rider who received services from the transportation network company.
Page 17, Line 12(4) Subsection (3) of this section does not apply to a transportation network company that:
Page 17, Line 13(a) Either serves riders at least seventy-five percent of
Page 17, Line 14whom are under the age of eighteen or earns at least ninety
Page 17, Line 15percent of the transportation network company's revenue from
Page 17, Line 16contracts with a public or private school, the federal
Page 17, Line 17government, the state, or an agency or a political subdivision of the federal government or of the state; and
Page 17, Line 18(b) Has at least ninety percent of the transportation
Page 17, Line 19network company's drivers in compliance with the commission's rules promulgated pursuant to section 40-10.1-608 (3)(a).
Page 18, Line 1SECTION 5. In Colorado Revised Statutes, add 40-10.1-610 as follows:
Page 18, Line 240-10.1-610. Consumer protection - waiver of rights void -
Page 18, Line 3biometric data and biometric identifiers - safety policies - training -
Page 18, Line 4data retention - rules. (1) A provision in a contract between a
Page 18, Line 5transportation network company and a driver or rider is void as against public policy if the provision:
Page 18, Line 6(a) Attempts to waive or waives a right specified in this part 6;
Page 18, Line 7(b) Attempts to waive or waives a right provided by the "Colorado Consumer Protection Act", article 1 of title 6;
Page 18, Line 8(c) Attempts to waive or waives the right to a jury trial for a claim involving sexual misconduct or sexual assault; or
Page 18, Line 9(d) Contains a mandatory arbitration clause that limits
Page 18, Line 10the rights of a driver or rider to seek judicial relief for a claim involving sexual misconduct or sexual assault.
Page 18, Line 11(2) (a) Withinthree monthsafter the effective date of this section, a transportation network company shall:
Page 18, Line 12(I) Develop a policy to prevent imposter accounts, account sharing, and account renting;
Page 18, Line 13(II) Develop a policy to prevent sexual assault, physical
Page 18, Line 14assault, and homicide against or committed by the transportation network company's drivers;
Page 18, Line 15(III) Develop and enforce a policy prohibiting the
Page 18, Line 16transport of an unaccompaniedyouth unless the youthis part
Page 18, Line 17of a duly authorized family account, in which a parent or
Page 19, Line 1guardian must be present when theyouthenters the vehicle or confirms authorization for the prearranged ride;
Page 19, Line 2(IV) Except as authorized in a policy developed pursuant
Page 19, Line 3to subsection (2)(a)(III) of this section, develop a policy that
Page 19, Line 4allows a driver to refuse a prearranged ride to an individual
Page 19, Line 5who is not authorized to use the account requesting the
Page 19, Line 6prearranged ride. The policy must ensure that the driver is not
Page 19, Line 7penalized by the transportation network company for refusing
Page 19, Line 8a prearranged ride to an individual who is not the authorized rider on the account requesting the prearranged ride.
Page 19, Line 9(V) Develop a policy establishing procedures for
Page 19, Line 10deactivation of a driver if the transportation network company
Page 19, Line 11is notified of an allegation against a driver as described in section 40-10.1-605 (3)(d);
Page 19, Line 12(VI) Develop a policy to notify and train drivers and
Page 19, Line 13riders of any updates to transportation network companysafety policies;
Page 19, Line 14(VII) Develop a policy requiring drivers to report and a
Page 19, Line 15process for drivers to report information regarding a
Page 19, Line 16conviction of or a plea of guilty or nolo contendere to the offenses described in section 40-10.1-605 (3)(c)(I);
Page 19, Line 17(VIII) Develop a policy to prevent crimes committed against drivers by riders;
Page 19, Line 18(IX) Develop a policy to prohibit drivers from offering or
Page 19, Line 19selling food or a beverage to riders as described in section 40-10.1-605 (7.7)(a);
Page 19, Line 20(X) Provide copies of the policies created pursuant to this
Page 20, Line 1subsection (2) to the attorney general and to the commission; and
Page 20, Line 2(XI) Provide copies of the policies created pursuant to this
Page 20, Line 3subsection (2) to every driver who provides services for the transportation network company.
Page 20, Line 4(b) Within ten business days after an update to a policy
Page 20, Line 5created pursuant to this subsection (2), a transportation
Page 20, Line 6network company shall provide a copy of the updated policy to
Page 20, Line 7the attorney general, the commission, and every driver who provides services for the transportation network company.
Page 20, Line 8(3) (a) A transportation network company shall not
Page 20, Line 9collect biometric data or biometric identifiers from a driver or rider without first obtaining the consent of the driver or rider.
Page 20, Line 10(b) If a transportation network company collects
Page 20, Line 11biometric data or biometric identifiers from a driver or rider,
Page 20, Line 12the transportation network company shall comply with section 6-1-1314.
Page 20, Line 13(4) (a) A transportation network company shall process
Page 20, Line 14data in compliance with the "Colorado Privacy Act", part 13 of article 1 of title 6.
Page 20, Line 15(b) On or before November 1, 2025,the commission shall
Page 20, Line 16adopt rules governing the retention, storage, and use of and
Page 20, Line 17access to the data collected by a transportation network company.
Page 20, Line 18(c) Until the commission adopts rules governing data
Page 20, Line 19collected by a transportation network company pursuant to
Page 20, Line 20subsection (4)(b) of this section, a transportation network
Page 21, Line 1company shall retain all audio and video recordings from a
Page 21, Line 2prearranged ride for thirty days after the prearranged ride;
Page 21, Line 3except that, if a person files a complaint against a
Page 21, Line 4transportation network company with the commission or a
Page 21, Line 5prearranged ride is the subject of an active law enforcement
Page 21, Line 6investigation, the transportation network company shall retain
Page 21, Line 7the audio and video recording for one year or until the investigation is completed, whichever is longer.
Page 21, Line 8(d) On or before November 1, 2025,the commission shall
Page 21, Line 9adopt rules governing a complainant's access to the data
Page 21, Line 10collected by a transportation network company related to a complaint filed pursuant to section 40-10.1-605 (3)(d)(I).
Page 21, Line 11(5) This section does not apply to a transportation network company that:
Page 21, Line 12(a) Either serves riders at least seventy-five percent of
Page 21, Line 13whom are under the age of eighteen or earns at least ninety
Page 21, Line 14percent of the transportation network company's revenue from
Page 21, Line 15contracts with a public or private school, the federal
Page 21, Line 16government, the state, or an agency or a political subdivision of the federal government or of the state; and
Page 21, Line 17(b) Has at least ninety percent of the transportation
Page 21, Line 18network company's drivers in compliance with the commission's rules promulgated pursuant to section 40-10.1-608 (3)(a).
Page 21, Line 19SECTION 6. In Colorado Revised Statutes, 40-7-113,amend(1) introductory portion and (1)(g); and add (1)(b.5) as follows:
Page 21, Line 2040-7-113. Civil penalties - fines. (1) In addition to any other
Page 21, Line 21penalty otherwise authorized by law and except as otherwise provided in
Page 22, Line 1subsections (3) and (4) of this section,
anywhoPage 22, Line 2article 10.1 or 10.5 of this title 40 or
anypromulgatedPage 22, Line 3the commission pursuant to article 10.1 or 10.5 of this title 40, which
Page 22, Line 4article or rule is applicable to the person, may be subject to fines as
specified in the following paragraphsPage 22, Line 5(b.5) A transportation network company that violates
Page 22, Line 6part 6 of article 10.1 of this title 40 may be assessed a civil penalty as determined by the commission by rule.
Page 22, Line 7(g) A person
whoanyPage 22, Line 810.5 of this title 40 not enumerated in subsection (1)(a), (1)(b), (1)(b.5),
Page 22, Line 9or (1)(e) of this section,
anypromulgatedPage 22, Line 10commission pursuant to this title 40, or
anyPage 22, Line 11department of public safety relating to motor carriers as defined in section
Page 22, Line 1240-10.1-101 may be assessed a civil penalty of not more than one
Page 22, Line 13thousand one hundred dollars; except that
anywhoPage 22, Line 14violates a safety rule
promulgatedPage 22, Line 15to the civil penalties authorized pursuant to 49 CFR 386, subpart G, and
Page 22, Line 16associated appendices to
part 386Page 22, Line 17SECTION 7. Act subject to petition - effective date -
Page 22, Line 18applicability. (1) Sections 40-10.1-605 (7.5)(b) and 40-10.1-610 (4)(b)
Page 22, Line 19and (4)(d), Colorado Revised Statutes, as enacted in sections 3 and 5 of
Page 22, Line 20this act, respectively, take effect at 12:01 a.m. on the day following the
Page 22, Line 21expiration of the ninety-day period after final adjournment of the general
Page 22, Line 22assembly and the remainder of this act takes effect January 1, 2026;
Page 22, Line 23except that, if a referendum petition is filed pursuant to section 1 (3) of
Page 22, Line 24article V of the state constitution against this act or an item, section, or
Page 23, Line 1part of this act within the ninety-day period after final adjournment of the
Page 23, Line 2general assembly, then the act, item, section, or part will not take effect
Page 23, Line 3unless approved by the people at the general election to be held in
Page 23, Line 4November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
Page 23, Line 5(2) This act applies to offenses committed on or after the applicable effective date of this act.