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),(1.5), (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 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 6, Line 21individual serves as a driver.
Page 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
Page 7, Line 1818-3-206.
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 driver who has been convicted of or pled guilty or
Page 8, Line 6nolo contendere to an offense listed in subsection (3)(c)(I) of
Page 8, Line 7this section shall notify the transportation network company
Page 8, Line 8within forty-eight hours after the individual's conviction was pronounced or plea was entered.
Page 8, Line 9(VI) An individual who has been convicted of or pled
Page 8, Line 10guilty or nolo contendere to driving under the influence of
Page 8, Line 11drugs or alcohol shall not serve as a driver for three years after the conviction was pronounced or the plea was entered.
Page 8, Line 12(VII) An individual who has been disqualified or removed
Page 8, Line 13from driving for a transportation service regulated under this
Page 8, Line 14title 40 or disqualified or removed from driving under a
Page 8, Line 15substantially similar law of another state for an incident
Page 8, Line 16involving any of the following activities shall not serve as a driver:
Page 8, Line 17(A) Physical assault;
(B) Sexual assault;
Page 8, Line 18(C) Harassment;
(D) Kidnapping;
Page 8, Line 19(E) Felony robbery;
(F) Menacing;
Page 8, Line 20(G) Account sharing; or
(H) Impersonating a driver.
Page 9, Line 1(VIII) An individual shall not serve as a driver for a transportation network company if the individual:
Page 9, Line 2(A) Has an authorized profile to drive for a transportation network company; and
Page 9, Line 3(B) Is confirmed by a transportation network company to
Page 9, Line 4have allowed another individual to drive for the
Page 9, Line 5transportation network company under the authorized profile
Page 9, Line 6or has used another individual's authorized profile to accept a prearranged ride for a transportation network company.
Page 9, Line 7(IX) If a person files a complaint with a transportation
Page 9, Line 8network company or the commission regarding the allegations
Page 9, Line 9described in subsection (3)(d)(I) of this section against an
Page 9, Line 10individual acting as a driver through use of the transportation
Page 9, Line 11network company's digital network, the transportation
Page 9, Line 12network company shall procure a privately administered
Page 9, Line 13criminal history record check for the individual acting as a driver.
Page 9, Line 14(d) (I) A transportation network company shall initiate
Page 9, Line 15a review of a driver for deactivation pursuant to subsection
Page 9, Line 16(3)(d)(II) of this section if the transportation network company
Page 9, Line 17is notified through a complaint filed with the transportation
Page 9, Line 18network company or the commission or through contact by the
Page 9, Line 19commission, the office of the attorney general, a district
Page 9, Line 20attorney's office, or law enforcement agency regarding an allegation against the driver of:
Page 9, Line 21(A) Physical assault;
(B) Sexual assault;
Page 10, Line 1(C) Kidnapping;
(D) Felony robbery;
Page 10, Line 2(E) Menacing; or
(F) Homicide.
Page 10, Line 3(II) Within seventy-two hours after receiving notice of an
Page 10, Line 4allegation against a driver as described in subsection (3)(d)(I) of
Page 10, Line 5this section, the transportation network company shall review
Page 10, Line 6the available evidence and, if the transportation network
Page 10, Line 7company determines that the allegation is more than likely to
Page 10, Line 8have occurred, the transportation network company shall
Page 10, Line 9deactivate the driver from the transportation network
Page 10, Line 10company's digital platform in accordance with the
Page 10, Line 11transportation network company's deactivation and suspension policy developed pursuant to section 8-4-127.
Page 10, Line 12(e) (I) A driver who has been deactivated pursuant to
Page 10, Line 13subsection (3)(d) of this section may, within thirty calendar days
Page 10, Line 14after receiving a written notice of the deactivation, challenge,
Page 10, Line 15in writing, the deactivation with the transportation network
Page 10, Line 16company pursuant to the transportation network company's
Page 10, Line 17internal deactivation review process established pursuant to section 8-4-127 (5).
Page 10, Line 18(II) A transportation network company shall conduct an
Page 10, Line 19internal deactivation reconsideration of a challenged
Page 10, Line 20deactivation within fourteen calendar days after the driver
Page 10, Line 21makes the written request for deactivation reconsideration in
Page 10, Line 22accordance with section 8-4-127 (5)(b); except that the
Page 11, Line 1transportation network company may notify the driver in
Page 11, Line 2writing of a continuance of the deactivation reconsideration if
Page 11, Line 3the driver has not provided sufficient evidence or
Page 11, Line 4documentation for consideration by the transportation
Page 11, Line 5network company or if circumstances outside of the
Page 11, Line 6transportation network company's control necessitate additional time to reconsider the challenged deactivation.
Page 11, Line 7(III) A transportation network company's internal
Page 11, Line 8deactivation review process developed pursuant to section 8-4-127 (5) must:
Page 11, Line 9(A) Require consideration of all relevant, available information;
Page 11, Line 10(B) Be conducted in good faith; and
Page 11, Line 11(C) Apply evenhandedly the transportation network
Page 11, Line 12company's deactivation policy, consistent with the
Page 11, Line 13transportation network company's interest in safe and efficient operations.
Page 11, Line 14(IV) The transportation network company's resolution of
Page 11, Line 15a driver's challenge to a deactivation must include a written
Page 11, Line 16statement that the transportation network company sends the
Page 11, Line 17driver through the transportation network company's digital
Page 11, Line 18platform and via email or other mechanism that the
Page 11, Line 19transportation network company reasonably expects will
Page 11, Line 20remain accessible to the driver for at least one year. The written statement must include:
Page 11, Line 21(A) A determination affirming deactivation and including
Page 11, Line 22a summary of the reasons for the deactivation and a description
Page 12, Line 1of the steps the driver may take, if any, to remedy the alleged violation; or
Page 12, Line 2(B) A determination that the driver did not violate the
Page 12, Line 3transportation network company's deactivation policy or that
Page 12, Line 4the driver remedied any violation of the policy, which
Page 12, Line 5determination must be accompanied by reactivation of the
Page 12, Line 6driver's account within twenty-four hours after the determination is made.
Page 12, Line 7(V) The transportation network company's resolution of
Page 12, Line 8a driver's challenge to a deactivation must include a written
Page 12, Line 9statement that the transportation network company sends the
Page 12, Line 10party that filed a complaint pursuant to subsection (3)(d)(I) of
Page 12, Line 11this section through the transportation network company's
Page 12, Line 12digital platform and via email detailing the disposition of the driver's challenge.
Page 12, Line 13(5) (a) If
anyPage 12, Line 14against a transportation network company or driver, the commission may
Page 12, Line 15inspect the transportation network company's records as reasonably necessary to investigate and resolve the complaint.
Page 12, Line 16(b) If a person files a complaint against a transportation
Page 12, Line 17network company or driver, the transportation network
Page 12, Line 18company shall respond to a subpoena or search warrant for
Page 12, Line 19information related to the complaint from a court, the office of
Page 12, Line 20the attorney general, a district attorney's office, the
Page 12, Line 21commission, or a law enforcement agency no later than forty-eight hours after the request is made.
Page 12, Line 22(7) (c) (I) The attorney general or a person injured or
Page 13, Line 1harmed by an alleged violation of this section may initiate a
Page 13, Line 2civil proceeding in a district court against a transportation network company or a driver that violates this section.
Page 13, Line 3(II) A violation of this section by a transportation
Page 13, Line 4network company that results in injury or death to an individual has a significant public impact.
Page 13, Line 5(7.5) (a) (I) On and after January 1, 2026, a transportation network company shall:
Page 13, Line 6(A) Ensure that continuous audio recording of the driver
Page 13, Line 7is conducted for each prearranged ride from when the driver
Page 13, Line 8picks up the rider in a personal vehicle until when the rider departs from the personal vehicle;
Page 13, Line 9(B) Notify the driver in an online application that each prearranged ride is continuously audio recorded; and
Page 13, Line 10(C) Ensure that each rider in a prearranged ride is
Page 13, Line 11notified in the personal vehicle that the ride is continuously audio recorded.
Page 13, Line 12(II) On and after July 1, 2026, a transportation network company shall:
Page 13, Line 13(A) Ensure that continuous audio and video recording of
Page 13, Line 14the driver is conducted for each prearranged ride from when
Page 13, Line 15the driver picks up the rider in a personal vehicle until when the rider departs from the personal vehicle;
Page 13, Line 16(B) Notify the driver in an online application that each prearranged ride is continuously audio and video recorded; and
Page 13, Line 17(C) Ensure that each rider in a prearranged ride is
Page 13, Line 18notified in the personal vehicle that the ride is continuously audio and video recorded.
Page 14, Line 1(b) On or before December 1, 2025, the commission shall adopt rules:
Page 14, Line 2(I) Establishing requirements for retention of, access to,
Page 14, Line 3storage of, and encryption of audio and video recording
Page 14, Line 4conducted pursuant to subsection (7.5)(a) of thissection,
Page 14, Line 5including measures to promote victim-survivor privacy and choice;
Page 14, Line 6(II) Requiring a transportation network company to
Page 14, Line 7reimburse a driver for purchasing technology to enable audio
Page 14, Line 8and video recording conducted pursuant to subsection (7.5)(a) of this section; and
Page 14, Line 9(III) Governing technology failures related to audio and
Page 14, Line 10video recording conducted pursuant to subsection (7.5)(a) of this section.
Page 14, Line 11(7.7) A driver or a rider shall not provide, offer to
Page 14, Line 12provide, sell, or offer to sell to another driver or rider food or a beverage.
Page 14, Line 13(7.8) (a) A transportation network company shall not:
Page 14, Line 14(I) Alter the rating a rider assigned a driver or the rating
Page 14, Line 15a driver assigned a rider on a transportation network company's digital platform;
Page 14, Line 16(II) Assign an automatic or default driver rating that the rider did not assign; or
Page 14, Line 17(III) Assign an automatic or default rider rating that the driver did not assign.
Page 14, Line 18(b) A transportation network company shall ensure that:
Page 15, Line 1(I) All rider-submitted comments reviewing a driver are
Page 15, Line 2visible to all other riders on the transportation network company's digital platform; and
Page 15, Line 3(II) All driver-submitted comments reviewing a rider are
Page 15, Line 4visible to all other drivers on the transportation network company's digital platform.
Page 15, Line 5(11) Subsections (3)(c)(VII), (3)(c)(IX), (3)(d), (3)(e), (7)(c),
Page 15, Line 6(7.5),(7.7), and (7.8)of this section do not apply to a transportation network company that:
Page 15, Line 7(a) Either serves riders at least seventy-five percent of
Page 15, Line 8whom are under the age of eighteen or earns at least ninety
Page 15, Line 9percent of the transportation network company's revenue from
Page 15, Line 10contracts with a public or private school, the federal
Page 15, Line 11government, the state, or an agency or a political subdivision of the federal government or of the state; and
Page 15, Line 12(b) Has at least ninety percent of the transportation
Page 15, Line 13network company's drivers in compliance with the commission's rules promulgated pursuant to section 40-10.1-608 (3)(a).
Page 15, Line 14SECTION 4. In Colorado Revised Statutes, 40-10.1-609, add (3) and (4) as follows:
Page 15, Line 1540-10.1-609. Reporting requirements - report - rules. (3) On
Page 15, Line 16or before February 1, 2026, and on or before February 1 each
Page 15, Line 17year thereafter, a transportation network company shall
Page 15, Line 18submit a report that includes the following data to the
Page 15, Line 19commission, the attorney general, and each member of the general assembly:
Page 15, Line 20(a) The number of reported safety incidents involving a
Page 16, Line 1driver who provided services for or a rider who received
Page 16, Line 2services from the transportation network company in the
Page 16, Line 3preceding calendar year. The report must include the number of reported instances of:
Page 16, Line 4(I) Physical assault;
(II) Sexual assault;
Page 16, Line 5(III) Verbal threats;
(IV) Stalking;
Page 16, Line 6(V) Harassment;
(VI) Theft;
Page 16, Line 7(VII) A motor vehicle accident, including an indication of
Page 16, Line 8whether the driver was at fault or the driver was not at fault; and
Page 16, Line 9(VIII) Homicide; and
Page 16, Line 10(b) The number of reported incidents of discriminatory
Page 16, Line 11speech or discriminatory conduct involving a driver who
Page 16, Line 12provided services for or a rider who received services from the transportation network company.
Page 16, Line 13(4) Subsection (3) of this section does not apply to a transportation network company that:
Page 16, Line 14(a) Either serves riders at least seventy-five percent of
Page 16, Line 15whom are under the age of eighteen or earns at least ninety
Page 16, Line 16percent of the transportation network company's revenue from
Page 16, Line 17contracts with a public or private school, the federal
Page 16, Line 18government, the state, or an agency or a political subdivision of the federal government or of the state; and
Page 16, Line 19(b) Has at least ninety percent of the transportation
Page 17, Line 1network company's drivers in compliance with the commission's rules promulgated pursuant to section 40-10.1-608 (3)(a).
Page 17, Line 2SECTION 5. In Colorado Revised Statutes, add 40-10.1-610 as follows:
Page 17, Line 340-10.1-610. Consumer protection - waiver of rights void -
Page 17, Line 4biometric data and biometric identifiers - safety policies - training -
Page 17, Line 5data retention - rules. (1) A provision in a contract between a
Page 17, Line 6transportation network company and a rider is void as against public policy if the provision attempts to waive or waives:
Page 17, Line 7(a) A right specified in this part 6;
Page 17, Line 8(b) A right provided by the "Colorado Consumer Protection Act", article 1 of title 6; or
Page 17, Line 9(c) The right to a jury trial.
Page 17, Line 10(2) (a) Within thirty days after the effective date of this section, a transportation network company shall:
Page 17, Line 11(I) Develop a policy to prevent imposter accounts, account sharing, and account renting;
Page 17, Line 12(II) Develop a policy to prevent sexual assault, physical
Page 17, Line 13assault, and homicide against or committed by the transportation network company's drivers;
Page 17, Line 14(III) Develop and enforce a policy prohibiting the
Page 17, Line 15transport of an unaccompaniedyouth unless the youthis part
Page 17, Line 16of a duly authorized family account, in which a parent or
Page 17, Line 17guardian must be present when theyouthenters the vehicle or confirms authorization for the prearranged ride;
Page 17, Line 18(IV) Except as authorized in a policy developed pursuant
Page 17, Line 19to subsection (2)(a)(III) of this section, develop a policy that
Page 18, Line 1allows a driver to refuse a prearranged ride to an individual
Page 18, Line 2who is not authorized to use the account requesting the
Page 18, Line 3prearranged ride. The policy must ensure that the driver is not
Page 18, Line 4penalized by the transportation network company for refusing
Page 18, Line 5a prearranged ride to an individual who is not the authorized rider on the account requesting the prearranged ride.
Page 18, Line 6(V) Develop a policy establishing procedures for
Page 18, Line 7deactivation of a driver if the transportation network company
Page 18, Line 8is notified of an allegation against a driver as described in section 40-10.1-605 (3)(d);
Page 18, Line 9(VI) Develop a policy to notify and train drivers and
Page 18, Line 10riders of any updates to transportation network company policies impacting drivers and riders;
Page 18, Line 11(VII) Develop a policy requiring drivers to report and a
Page 18, Line 12process for drivers to report information regarding a
Page 18, Line 13conviction of or a plea of guilty or nolo contendere to the offenses described in section 40-10.1-605 (3)(c)(I);
Page 18, Line 14(VIII) Develop a policy to prevent crimes committed against drivers by riders;
Page 18, Line 15(IX) Provide copies of the policies created pursuant to this
Page 18, Line 16subsection (2) to the attorney general and to the commission; and
Page 18, Line 17(X) Provide copies of the policies created pursuant to this
Page 18, Line 18subsection (2) to every driver who provides services for the transportation network company.
Page 18, Line 19(b) Within ten business days after an update to a policy
Page 18, Line 20created pursuant to this subsection (2), a transportation
Page 19, Line 1network company shall provide a copy of the updated policy to
Page 19, Line 2the attorney general, the commission, and every driver who provides services for the transportation network company.
Page 19, Line 3(3) (a) A transportation network company shall not
Page 19, Line 4collect biometric data or biometric identifiers from a driver or rider without first obtaining the consent of the driver or rider.
Page 19, Line 5(b) If a transportation network company collects
Page 19, Line 6biometric data or biometric identifiers from a driver or rider,
Page 19, Line 7the transportation network company shall comply with section 6-1-1314.
Page 19, Line 8(4) (a) A transportation network company shall process
Page 19, Line 9data in compliance with the "Colorado Privacy Act", part 13 of article 1 of title 6.
Page 19, Line 10(b) Within ninety days after the effective date of this
Page 19, Line 11section, the commission shall adopt rules governing the
Page 19, Line 12retention, storage, and use of and access to the data collected by a transportation network company.
Page 19, Line 13(c) Until the commission adopts rules governing data
Page 19, Line 14collected by a transportation network company pursuant to
Page 19, Line 15subsection (4)(b) of this section, a transportation network
Page 19, Line 16company shall retain all audio and video recordings from a
Page 19, Line 17prearranged ride for thirty days after the prearranged ride;
Page 19, Line 18except that, if a person files a complaint against a
Page 19, Line 19transportation network company with the commission or a
Page 19, Line 20prearranged ride is the subject of an active law enforcement
Page 19, Line 21investigation, the transportation network company shall retain
Page 19, Line 22the audio and video recording for one year or until the investigation is completed, whichever is longer.
Page 20, Line 1(d) Within ninety days after the effective date of this
Page 20, Line 2section, the commission shall adopt rules governing a
Page 20, Line 3complainant's access to the data collected by a transportation
Page 20, Line 4network company related to a complaint filed pursuant to section 40-10.1-605 (3)(d)(I).
Page 20, Line 5(5) This section does not apply to a transportation network company that:
Page 20, Line 6(a) Either serves riders at least seventy-five percent of
Page 20, Line 7whom are under the age of eighteen or earns at least ninety
Page 20, Line 8percent of the transportation network company's revenue from
Page 20, Line 9contracts with a public or private school, the federal
Page 20, Line 10government, the state, or an agency or a political subdivision of the federal government or of the state; and
Page 20, Line 11(b) Has at least ninety percent of the transportation
Page 20, Line 12network company's drivers in compliance with the commission's rules promulgated pursuant to section 40-10.1-608 (3)(a).
Page 20, Line 13SECTION 6. In Colorado Revised Statutes, 40-7-113, aend (1) introductory portion and (1)(g); and add (1)(b.5) as follows:
Page 20, Line 1440-7-113. Civil penalties - fines. (1) In addition to any other
Page 20, Line 15penalty otherwise authorized by law and except as otherwise provided in
Page 20, Line 16subsections (3) and (4) of this section,
anywhoPage 20, Line 17article 10.1 or 10.5 of this title 40 or
anypromulgatedPage 20, Line 18the commission pursuant to article 10.1 or 10.5 of this title 40, which
Page 20, Line 19article or rule is applicable to the person, may be subject to fines as
specified in the following paragraphsPage 20, Line 20(b.5) A transportation network company that violates
Page 21, Line 1part 6 of article 10.1 of this title 40 may be assessed a civil penalty as determined by the commission by rule.
Page 21, Line 2(g) A person
whoanyPage 21, Line 310.5 of this title 40 not enumerated in subsection (1)(a), (1)(b), (1)(b.5),
Page 21, Line 4or (1)(e) of this section,
anypromulgatedPage 21, Line 5commission pursuant to this title 40, or
anyPage 21, Line 6department of public safety relating to motor carriers as defined in section
Page 21, Line 740-10.1-101 may be assessed a civil penalty of not more than one
Page 21, Line 8thousand one hundred dollars; except that
anywhoPage 21, Line 9violates a safety rule
promulgatedPage 21, Line 10to the civil penalties authorized pursuant to 49 CFR 386, subpart G, and
Page 21, Line 11associated appendices to
part 386Page 21, Line 12SECTION 7. Applicability. This act applies to offenses committed on or after the effective date of this act.
Page 21, Line 13SECTION 8. Safety clause. The general assembly finds,
Page 21, Line 14determines, and declares that this act is necessary for the immediate
Page 21, Line 15preservation of the public peace, health, or safety or for appropriations for
Page 21, Line 16the support and maintenance of the departments of the state and state institutions.