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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0385.01 Jennifer Berman x3286 HOUSE BILL 26-1043
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
CONCERNING MEASURES TO ADDRE SS DISCRIMINATORY CONDUCT101
ENGAGED IN BY TRANSPORTATION NETWORK COMPANY DRIVERS102
IN PROVIDING SERVICES TO RIDERS.103
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.
HOUSE SPONSORSHIP
Rydin,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 40-10.1-605, amend2
(7) and (9) as follows:3
40-10.1-605. Operational requirements - rules.4
(7) (a) A transportation network company is not liable for a5
driver's violation of subsection (6) of this section unless the driver's6
violation has been previously reported to the transportation network7
company in writing, and the transportation network company has failed8
to reasonably address the alleged violation. The commission shall afford9
a transportation network company the same due process rights afforded10
transportation providers in defending against civil penalties assessed by11
the commission.12
(b) The commission may assess a civil penalty IN AN AMOUNT up13
to five hundred fifty THOUSAND dollars under this subsection (7) FOR A14
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TRANSPORTATION NETWORK COMPANY'S VIOLATION OF SUBSECTION (6) OR1
(9) OF THIS SECTION.2
(9) (a) A driver shall immediately report to the transportation3
network company any refusal to transport a passenger pursuant to4
paragraph (a) of subsection (6) SUBSECTION (6)(a) of this section, and the5
transportation network company shall annually report all such refusals to6
the commission ON A MONTHLY BASIS in a form and manner determined7
by the commission.8
(b) A TRANSPORTATION NETWORK COMPANY SHALL PROVIDE A9
MECHANISM TO ALLOW A CONSUMER TO REPORT DIRECTLY ON THE10
TRANSPORTATION NETWORK COMPANY'S DIGITAL PLATFORM A DRIVER'S11
REFUSAL TO TRANSPORT THE CONSUMER IN VIOLATION OF SUBSECTION12
(6)(a) OF THIS SECTION. THE REPORTING MECHANISM MUST BE ACCESSIBLE13
AND CONSPICUOUSLY LOCATED ON THE DIGITAL PLATFORM . THE14
TRANSPORTATION NETWORK COMPANY SHALL INCLUDE ANY CONSUMER15
REPORTS RECEIVED PURSUANT TO THIS SUBSECTION (9)(b) IN THE16
TRANSPORTATION NETWORK COMPANY'S MONTHLY REPORTS SUBMITTED17
PURSUANT TO SUBSECTION (9)(a) OF THIS SECTION.18
(c) THE COMMISSION SHALL ANONYMIZE THE DATA INCLUDED IN19
THE MONTHLY REPORTS AND MAKE THE ANONYMIZED REPORTS AVAILABLE20
TO THE PUBLIC.21
SECTION 2. Act subject to petition - effective date -22
applicability. (1) This act takes effect at 12:01 a.m. on the day following23
the expiration of the ninety-day period after final adjournment of the24
general assembly (August 12, 2026, if adjournment sine die is on May 13,25
2026); except that, if a referendum petition is filed pursuant to section 126
(3) of article V of the state constitution against this act or an item, section,27
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or part of this act within such period, then the act, item, section, or part1
will not take effect unless approved by the people at the general election2
to be held in November 2026 and, in such case, will take effect on the3
date of the official declaration of the vote thereon by the governor. 4
(2) This act applies to conduct occurring on or after the applicable5
effective date of this act.6
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