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HOUSE BILL 26-1043
BY REPRESENTATIVE(S) Rydin and Paschal, Bacon, Boesenecker,
Brown, Clifford, Duran, English, Froelich, Jackson, Marshall, Nguyen,
Ricks, Rutinel, Sirota, Story, Willford, Zokaie, McCluskie;
also SENATOR(S) Kipp, Benavidez, Cutter, Exum, Gonzales J.,
Hinrichsen, Jodeh, Kolker, Marchman, Sullivan, Wallace, Coleman.
CONCERNING MEASURES TO ADDRESS DISCRIMINATORY CONDUCT ENGAGED
IN BY TRANSPORTATION NETWORK COMPANY DRIVERS IN PROVIDING
SERVICES TO RIDERS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 40-10.1-605, amend
(7) and (9); and add (6)(e) and (11) as follows:
40-10.1-605. Operational requirements -rules.
(6) (e) EXCEPT FOR TRANSPORTATION NETWORK COMPANIES THAT
PROVIDE A MAJORITY OF SERVICES FOR SCHOOL DISTRICTS OR SCHOOLS
PURSUANT TO A CONTRACT REQUIRED BY SUBSECTION ( 1 )(p) OF THIS
SECTION:
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(I) A TRANSPORTATION NETWORK COMPANY SHALL MANDATE AND
PROVIDE EDUCATION TO DRIVERS CONCERNING THE TRANSPORTATION OF
RIDERS WITH SERVICE ANIMALS, INCLUDING EDUCATION ON THE PROHIBITION
AGAINST DENYING A SERVICE ANIMAL FROM ACCOMPANYING A RIDER
PURSUANT TO SUBSECTION ( 6)( c) OF THIS SECTION;
(II) A DRIVER SHALL COMPLETE THE MANDA TORY SERVICE ANIMAL
EDUCATION NO LATER THAN SIX MONTHS AFTER THE DRIVER IS FIRST
ONBOARDED ON THE TRANSPORTATION NETWORK COMPANY'S DIGITAL
PLATFORM OR SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
( 6)( e ), WHICHEVER IS LATER;
(III) A TRANSPORTATION NETWORK COMPANY MAY RESTRICT OR
SUSPEND A DRIVER'S ACCESS TO ITS DIGITAL PLATFORM IF THE DRIVER FAILS
TO COMPLETE THE MANDATORY SERVICE ANIMAL EDUCATION WITHIN THE
SIX-MONTH PERIOD DESCRIBED IN SUBSECTION (6)(e)(II) OF THIS SECTION;
AND
(IV) AS SOON AS PRACTICABLE, A TRANSPORTATION NETWORK
COMPANY SHALL ADOPT A POLICY THAT PROHIBITS UNLAWFUL
DISCRIMINATION, AS DESCRIBED IN THIS SUBSECTION (6), AND SHALL:
(A) PROVIDE THE POLICY TO EACH DRIVER ON THE TRANSPORTATION
NETWORK COMPANY'S DIGITAL NETWORK; AND
(8) POST THE POLICY ON THE TRANSPORTATION NETWORK
COMPANY'S WEBSITE.
(7) (a) A trnnsportation netwotk company is not liable fut a dtivet's
violation of subsection (6) of this section unless the dt iv et 's \1 iolation has
been pteviously reported to the trnnsportation netwotk company in writing,
and the tt ansportation network company has failed to t easonably addt ess the
alleged violation. The commission shall affotd a trnnsportation netwotk
company the same due pt ocess rights affm ded transportation providers in
defending against THE COMMISSION SHALL TAKE INTO CONSIDERATION A
TRANSPORTATION NETWORK COMPANY'S GOOD FAITH EFFORTS, INCLUDING
EFFORTS DESCRIBED IN SUBSECTION (6), (9)(b), OR (9)(c) OF THIS SECTION,
TO REMEDIA TE A DRIVER'S FIRST VIOLATION OF SUBSECTION ( 6) OF THIS
SECTION AND THE TOTAL NUMBER OF VIOLATIONS BY A TRANSPORTATION
NETWORK COMPANY THAT HAVE OCCURRED IN THE PRECEDING TWELVE
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MONTHS IN DETERMINING WHETHER TO ASSESS CIVIL PENAL TIES AND THE
AMOUNT OF THE civil penalties assessed by the commission PURSUANT TO
SUBSECTION (7)(b) OF THIS SECTION.
(b) The commission may assess a civil penalty IN AN AMOUNT up to
fi~e hundred fifty ONE THOUSAND THREE HUNDRED dollars under this
subsection (7) FOR A TRANSPORTATION NETWORK COMPANY'S VIOLATION OF
SUBSECTION (6), (9)(b), OR (9)(c) OF THIS SECTION.
(9) (a) A driver shall immediately report to the transportation
network company any refusal to transport a passenger pursuant to paragraph
(a) of subsection (6) SUBSECTION (6) of this section. and
(b) The transportation network company shall annually report aH
such refusals ANY REFUSALS TO TRANSPORT IN VIOLATION OF SUBSECTION
( 6) OF THIS SECTION to the commission ON A MONTHLY BASIS in a form and
manner determined by the commission; EXCEPT THAT A TRANSPORTATION
NETWORK COMPANY THAT PROVIDES A MAJORITY OF SER VICES FOR SCHOOL
DISTRICTS OR SCHOOLS PURSUANT TO A CONTRACT REQUIRED BY
SUBSECTION (l)(p) OF THIS SECTION SHALL SUBMIT THE REPORTS ON A
QUARTERLY BASIS.
(c) EXCEPT FOR TRANSPORTATION NETWORK COMPANIES THAT
PROVIDE A MAJORITY OF SERVICES FOR SCHOOL DISTRICTS OR SCHOOLS
PURSUANT TO A CONTRACT REQUIRED BY SUBSECTION ( 1 )(p) OF THIS
SECTION, A TRANSPORTATION NETWORK COMPANY SHALL PROVIDE A
MECHANISM TO ALLOW A CONSUMER TO REPORT DIRECTLY ON THE
TRANSPORTATION NETWORK COMPANY'S DIGITAL PLATFORM A DRIVER'S
REFUSAL TO TRANSPORT THE CONSUMER IN VIOLATION OF SUBSECTION ( 6)
OF THIS SECTION. THE REPORTING MECHANISM MUST BE ACCESSIBLE AND
EASILY NAVIGABLE ON THE DIGITAL PLATFORM. THE TRANSPORTATION
NETWORK COMPANY SHALL INCLUDE ANY CONSUMER REPORTS RECEIVED
PURSUANT TO THIS SUBSECTION (9)( C) IN THE TRANSPORTATION NETWORK
COMPANY'S MONTHLY REPORTS SUBMITTED PURSUANT TO SUBSECTION (9)(b)
OF THIS SECTION.
( d) THE COMMISSION SHALL AGGREGATE AND ANONYMIZE THE DAT A
INCLUDED IN THE MONTHLY REPORTS SUBMITTED PURSUANT TO
SUBSECTIONS (9)(b) AND (9)(c) OF THIS SECTION; INCLUDE IN THE
AGGREGATED, ANONYMIZED MONTHLY REPORTS INFORMATION ON THE
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ANNUAL NUMBER OF REFUSALS TO TRANSPORT IN VIOLATION OF SUBSECTION
( 6) OF THIS SECTION AND THIS SUBSECTION (9), INCLUDING THE NUMBER OF
INVESTIGATIONS AND REMEDIATIONS MADE; AND MAKE THE AGGREGATED,
ANONYMIZED MONTHLY REPORTS AVAILABLE TO THE PUBLIC.
(11) (a) EXCEPT AS PROVIDED IN SUBSECTIONS (l l)(b) AND (l l)(c)
OF THIS SECTION, A TRANSPORTATION NETWORK COMPANY THAT PROVIDES
SERVICES PURSUANT TO SUBSECTION ( 1 )(p) OF THIS SECTION IS GOVERNED
EXCLUSIVELY BY THE TERMS OF THE CONTRACT; THIS PART 6, EXCEPT
WHEREIN A TRANSPORTATION NETWORK COMPANY THAT PROVIDES SERVICES
PURSUANT TO SUBSECTION (l)(p) OF THIS SECTION IS EXPLICITLY EXEMPTED
FROM A PROVISION OF THIS PART 6; AND RULES THAT THE COMMISSION
ADOPTS PURSUANT TO THIS PART 6.
(b) SUBSECTION (7) OF THIS SECTION DOES NOT APPLY TO
TRANSPORTATION NETWORK COMPANY SERVICES PROVIDED PURSUANT TO
SUBSECTION ( 1 )(p) OF THIS SECTION, BUT APPLIES TO ALL OTHER
TRANSPORTATION NETWORK COMPANY SERVICES.
(c) THIS SUBSECTION (11) DOES NOT LIMIT A TRANSPORTATION
NETWORK COMPANY'S OR A DRIVER'S OBLIGATIONS UNDER APPLICABLE
ST A TE OR FEDERAL NONDISCRIMINATION OR PUBLIC ACCOMMODATION LAWS,
INCLUDING PUBLIC ACCOMMODATION LIABILITY LAWS UNDER PART 6 OF
ARTICLE 34 OF TITLE 24, FOR DENIAL OF SERVICES OR OTHER PROHIBITED
DISCRIMINATORY BEHAVIOR.
SECTION 2. Act subject to petition - effective date -
applicability. (1) This act takes effect January 1, 2027; except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within the
ninety-day period after final adjournment of the general assembly, then the
act, item, section, or part will not take effect unless approved by the people
at the general election to be held in November 2026 and, in such case, will
take effect January 1, 2027, or on the date of the official declaration of the
vote thereon by the governor, whichever is later.
PAGE 4-HOUSE BILL 26-1043
(2) This act applies to conduct occurring on or after the applicable
effective date of this act.
Juli~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
atnes Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED d"' YYl ,n JAd J ~ I r f 2.0.u, ...i-u: OD4l'YI
( ate and Time)
V
STATE OF COLORADO
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