State Bill Colorado

Amendments for HB24-1129

House Journal, March 1
27 HB24-1129 be amended as follows, and as so amended, be referred to
28 the Committee on Appropriations with favorable
29 recommendation:
30
31 Amend printed bill, strike everything below the enacting clause and
32 substitute:
33
34 "SECTION 1. In Colorado Revised Statutes, add 8-4-126 as
35 follows:
36 8-4-126. Cost and wage transparency from delivery network
37 companies - notice requirements - deactivation requirements -
38 enforcement - driver safety - task acceptance time - penalties -
39 definitions - rules. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT
40 OTHERWISE REQUIRES:
41 (a) "CONSUMER" MEANS AN INDIVIDUAL WHO USES A DIGITAL
42 PLATFORM TO ORDER DELIVERY SERVICES FROM A DELIVERY NETWORK
43 COMPANY.
44 (b) "DEACTIVATE" OR "DEACTIVATION" MEANS CONDUCT THAT A
45 DELIVERY NETWORK COMPANY ENGAGES IN TO MATERIALLY RESTRICT A
46 DRIVER'S ACCESS TO THE DIGITAL PLATFORM FOR MORE THAN
47 SEVENTY-TWO HOURS, INCLUDING BLOCKING A DRIVER'S ACCESS TO THE
48 DIGITAL PLATFORM, SUSPENDING A DRIVER, OR CHANGING A DRIVER'S
49 STATUS FROM ELIGIBLE TO INELIGIBLE TO PROVIDE DELIVERY SERVICES
50 THROUGH THE DELIVERY NETWORK COMPANY'S DIGITAL PLATFORM.
51 (c) (I) "DELIVERY NETWORK COMPANY" OR "DNC" MEANS ANY
52 PERSON THAT SELLS THE DELIVERY OF GOODS OR SERVICES, INCLUDING
53 DELIVERY PROVIDED AS PART OF THE SALE OF GOODS, IN THE STATE AND
54 THAT ENGAGES OR DISPATCHES DELIVERY DRIVERS THROUGH A DIGITAL
55 PLATFORM.
1 (II) "DELIVERY NETWORK COMPANY" OR "DNC" DOES NOT
2 INCLUDE A MOTOR CARRIER OF TOWED MOTOR VEHICLES REGULATED BY
1 3 THE PUBLIC UTILITIES COMMISSION PURSUANT TO PART 4 OF ARTICLE 10.
4 OF TITLE 40 OR A MOTOR CARRIER OF HOUSEHOLD GOODS REGULATED BY
1 5 THE PUBLIC UTILITIES COMMISSION PURSUANT TO PART 5 OF ARTICLE 10.
6 OF TITLE 40.
7 (d) "DELIVERY TASK" OR "TASK" MEANS THE TIME SPENT,
8 DISTANCE TRAVELED, AND ROUTE FOLLOWED BY A DRIVER TO PROVIDE
9 DELIVERY SERVICES TO A CONSUMER THROUGH A DELIVERY NETWORK
10 COMPANY, INCLUDING TRAVELING TO A MERCHANT'S BUSINESS; PICKING
11 UP FOOD, BEVERAGES, OR OTHER GOODS FOR DELIVERY; AND TAKING AND
12 DEPOSITING THE DELIVERY AT A DIFFERENT LOCATION, AS REQUESTED. A
13 DELIVERY TASK MAY ENCOMPASS MULTIPLE TRANSACTIONS.
14 (e) "DIGITAL PLATFORM" MEANS AN ONLINE APPLICATION,
15 INTERNET SITE, OR SYSTEM THAT A DELIVERY NETWORK COMPANY USES
16 TO FACILITATE, MANAGE, OR FACILITATE AND MANAGE DELIVERY
17 SERVICES.
18 (f) "DRIVER" MEANS AN INDIVIDUAL PROVIDING DELIVERY
19 SERVICES THROUGH A DELIVERY NETWORK COMPANY'S DIGITAL PLATFORM
20 IN A PERSONAL VEHICLE.
21 (g) "IRS COST DEDUCTION RATE" MEANS THE FEDERAL INTERNAL
22 REVENUE SERVICE'S PREVAILING MILEAGE COST DEDUCTION RATE FOR
23 BUSINESS USE.
24 (h) "MERCHANT" MEANS A THIRD PARTY THAT SELLS GOODS OR
25 SERVICES TO CONSUMERS THROUGH A DELIVERY NETWORK COMPANY.
26 (i) "ON-CALL TIME" MEANS THE TIME THAT A DRIVER IS
27 CONNECTED TO A DELIVERY NETWORK COMPANY'S DIGITAL PLATFORM IN
28 A STATUS WHERE THE DRIVER MAY RECEIVE OR ACCEPT DELIVERY TASK
29 OFFERS, EXCLUDING TASK TIME.
30 (j) "TASK TIME" MEANS THE TIME BETWEEN THE ACCEPTANCE OF
31 A DELIVERY TASK OFFER AND ITS COMPLETION OR CANCELLATION.
32 (k) "TIP" MEANS A GRATUITY THAT A CONSUMER:
33 (I) INDICATES THROUGH A DIGITAL PLATFORM AS INTENDED FOR
34 DIRECT PAYMENT TO THE DRIVER; OR
35 (II) WOULD REASONABLY EXPECT TO BE PAID IN FULL TO THE
36 DRIVER.
37 (l) "TRANSACTION" MEANS AN ORDER THAT A CONSUMER MAKES
38 USING A DELIVERY NETWORK COMPANY'S DIGITAL PLATFORM TO REQUEST
39 THAT A DRIVER DELIVER FOOD, BEVERAGES, OR OTHER GOODS FROM A
40 MERCHANT. A DRIVER MAY PICK UP GOODS RELATED TO MULTIPLE
41 TRANSACTIONS AS PART OF A SINGLE DELIVERY TASK.
42 (2) Payment transparency to consumer. (a) ON THE SAME
43 SCREEN ON WHICH A DNC PROMPTS A CONSUMER TO LEAVE A TIP FOR A
44 DRIVER THAT IS COMPENSATED ON A PER-DELIVERY-TASK OR A
45 PER-TRANSACTION BASIS, THE DNC SHALL MAKE THE FOLLOWING
46 DISCLOSURES IN A MANNER PROMINENTLY DISPLAYED ON THE SCREEN:
47 (I) THE AMOUNT OF MONEY THAT THE CONSUMER PAID OR WILL
48 PAY FOR THE TRANSACTION; AND
49 (II) THE AMOUNT OF MONEY THE DRIVER RECEIVED OR WILL
50 RECEIVE FOR THE TRANSACTION.
51 (b) A DNC SHALL PAY A DRIVER ALL TIPS PAID BY A CONSUMER.
52 (c) THE INFORMATION DISCLOSED TO CONSUMERS PURSUANT TO
53 THIS SUBSECTION (2) MUST BE:
54 (I) PROMINENTLY DISPLAYED ON THE SCREEN;
55
1 (II) IN A FONT THAT IS AT LEAST ONE AND ONE-HALF TIMES LARGER
2 THAN THE FONT USED TO PRESENT ANY OTHER INFORMATION ON THE
3 SCREEN; AND
4 (III) PRESENTED USING DESIGN TECHNIQUES INTENDED TO DRAW
5 THE EYE TO THE INFORMATION.
6 (3) Wage transparency to driver. (a) EACH TIME A DNC OFFERS
7 A DELIVERY TASK TO A DRIVER WHO IS COMPENSATED ON A
8 PER-DELIVERY-TASK OR A PER-TRANSACTION BASIS, BEFORE THE DRIVER
9 ACCEPTS THE TASK, THE DNC SHALL DISCLOSE TO THE DRIVER THE
10 FOLLOWING INFORMATION ON A SMARTPHONE OR SIMILAR SCREEN IN A
11 CLEARLY LEGIBLE FORMAT:
12 (I) THE ESTIMATED OR ACTUAL AMOUNT THE DRIVER WILL EARN
13 FOR THE DELIVERY TASK, DISAGGREGATED TO SHOW THE FULL AND
14 ACCURATE AMOUNT OF ANY TIP OR REIMBURSEMENT;
15 (II) THE NUMBER OF TRANSACTIONS INVOLVED IN THE DELIVERY
16 TASK;
17 (III) THE ADDRESS OR ADDRESSES WHERE THE FOOD, BEVERAGES,
18 OR OTHER GOODS MUST BE PICKED UP;
19 (IV) THE CARDINAL AND INTERCARDINAL DIRECTION FROM WHERE
20 THE DRIVER IS REQUIRED TO PICK UP THE FOOD, BEVERAGES, OR OTHER
21 GOODS TO THE LOCATIONS WHERE THE FOOD, BEVERAGES, OR OTHER
22 GOODS MUST BE DELIVERED;
23 (V) THE ESTIMATED OR ACTUAL TIME THE DRIVER WILL SPEND ON
24 THE DELIVERY TASK; AND
25 (VI) THE ESTIMATED OR ACTUAL DISTANCE THE DRIVER WILL
26 TRAVEL FOR THE DELIVERY TASK.
27 (b) WITHIN TWENTY-FOUR HOURS AFTER A DRIVER COMPLETES A
28 DELIVERY TASK FOR WHICH THE DRIVER WAS PAID ON A
29 PER-DELIVERY-TASK OR A PER-TRANSACTION BASIS, OR AFTER SUCH A
30 DELIVERY TASK IS CANCELLED, A DNC MUST DISCLOSE TO THE DRIVER BY
31 E-MAIL OR OTHER MECHANISM THAT REMAINS AVAILABLE TO THE DRIVER
32 FOR AT LEAST ONE YEAR IN A CLEARLY LEGIBLE FORMAT:
33 (I) THE ACTUAL AMOUNT THE DRIVER WAS PAID FOR THE DELIVERY
34 TASK, DISAGGREGATED TO SHOW THE AMOUNT OF ANY TIP OR
35 REIMBURSEMENT;
36 (II) THE FULL AND ACCURATE AMOUNT OF ANY TIP PAID BY THE
37 CONSUMER;
38 (III) THE ACTUAL TIME THE DRIVER SPENT ON THE DELIVERY TASK;
39 (IV) THE ACTUAL DISTANCE THE DRIVER TRAVELED FOR THE
40 DELIVERY TASK;
41 (V) THE IRS COST DEDUCTION RATE FOR THE DISTANCE TRAVELED
42 FOR THE DELIVERY TASK; AND
43 (VI) IF THE DELIVERY TASK OR A TRANSACTION WAS CANCELLED,
44 WHO INITIATED THE CANCELLATION.
45 (c) IF A DNC COMPENSATES A DRIVER FOR A BLOCK OF TIME FOR
46 MULTIPLE DELIVERIES, THE DNC SHALL PROMINENTLY DISPLAY ON THE
47 SCREEN, PRIOR TO THE DRIVER ACCEPTING THE BLOCK OF TIME, THE
48 MINIMUM AMOUNT THE DNC WILL PAY THE DRIVER FOR COMPLETING
49 DELIVERIES DURING THE SPECIFIED BLOCK OF TIME AND PROMINENTLY
50 DISPLAY THE FOLLOWING INFORMATION ON THE SCREEN WHEN THE BLOCK
51 OF TIME BEGINS:
52 (I) THE TOTAL NUMBER OF DELIVERIES TO BE COMPLETED DURING
53 THE SPECIFIED BLOCK OF TIME;
54 (II) A REASONABLE ESTIMATE OF THE ENGAGED TIME REQUIRED TO
55 COMPLETE ALL ASSIGNED DELIVERIES;
1 (III) THE RANGE OF TIME IN WHICH THE DELIVERIES CAN BE
2 COMPLETED;
3 (IV) A REASONABLE ESTIMATE OF THE NUMBER OF MILES
4 REQUIRED TO COMPLETE ALL DELIVERIES;
5 (V) THE APPROXIMATE PICK-UP AND DROP-OFF LOCATIONS FOR
6 ALL DELIVERIES; AND
7 (VI) CLEAR INFORMATION ON WHICH DELIVERIES NEED TO BE
8 COMPLETED WITHIN SPECIFIC TIME WINDOWS.
9 (d) WITHIN TWENTY-FOUR HOURS AFTER A DRIVER COMPLETES A
10 DELIVERY TASK FOR WHICH THE DRIVER WAS COMPENSATED FOR A BLOCK
11 OF TIME, OR AFTER SUCH A DELIVERY TASK IS CANCELED, A DNC SHALL
12 MAKE THE FOLLOWING DISCLOSURES TO THE DRIVER BY E-MAIL OR OTHER
13 MECHANISM THAT REMAINS AVAILABLE TO THE DRIVER FOR AT LEAST ONE
14 YEAR:
15 (I) THE ACTUAL AMOUNT THE DRIVER WAS PAID FOR THE DELIVERY
16 TASK, DISAGGREGATED TO SHOW THE AMOUNT OF ANY TIP OR
17 REIMBURSEMENT;
18 (II) THE FULL AND ACCURATE AMOUNT OF ANY TIP PAID BY THE
19 CONSUMER;
20 (III) THE ACTUAL TIME THE DRIVER SPENT ON THE DELIVERY TASK;
21 (IV) THE ACTUAL DISTANCE THE DRIVER TRAVELED FOR THE
22 DELIVERY TASK;
23 (V) THE IRS COST DEDUCTION RATE FOR THE DISTANCE TRAVELED
24 FOR THE DELIVERY TASK; AND
25 (VI) IF THE DELIVERY TASK OR A TRANSACTION WAS CANCELLED,
26 WHO INITIATED THE CANCELLATION.
27 (e) THE INFORMATION DISCLOSED TO A DRIVER PURSUANT TO THIS
28 SUBSECTION (3) MUST BE:
29 (I) PROMINENTLY DISPLAYED ON THE SCREEN OR IN THE E-MAIL;
30 (II) IN A FONT THAT IS AT LEAST ONE AND ONE-HALF TIMES LARGER
31 THAN THE FONT USED TO PRESENT ANY OTHER INFORMATION ON THE
32 SCREEN OR IN THE E-MAIL; AND
33 (III) PRESENTED USING DESIGN TECHNIQUES INTENDED TO DRAW
34 THE EYE TO THE INFORMATION.
35 (4) Disclosures to the division. (a) BEGINNING ON APRIL 1, 2025,
36 AND AT LEAST ONCE EVERY SIX MONTHS ON OR BEFORE APRIL 1 AND
37 OCTOBER 1 EACH YEAR THEREAFTER, A DNC SHALL DISCLOSE TO THE
38 DIVISION THE FOLLOWING INFORMATION REGARDING THE PRECEDING SIX
39 MONTHS OF THE DNC'S OPERATIONS IN COLORADO:
40 (I) THE NUMBER OF DRIVERS WHO ENGAGED IN TASK TIME;
41 (II) THE NUMBER OF DRIVERS WHO ENGAGED IN ON-CALL TIME;
42 (III) THE NUMBER OF DELIVERY TASKS;
43 (IV) THE NUMBER OF TRANSACTIONS;
44 (V) THE MINUTES OF TASK TIME;
45 (VI) THE MINUTES OF ON-CALL TIME;
46 (VII) THE NUMBER OF CONSUMERS WHO RECEIVED AT LEAST ONE
47 DELIVERY;
48 (VIII) THE NUMBER OF CANCELLED TRANSACTIONS;
49 (IX) THE NUMBER OF COMPLETED TRANSACTIONS;
50 (X) THE TOTAL AMOUNT CHARGED TO CONSUMERS FOR THE FOOD,
51 BEVERAGES, OR OTHER GOODS DELIVERED BY A DRIVER;
52 (XI) THE TOTAL AMOUNT PAID TO DRIVERS, DISAGGREGATED TO
53 SHOW:
54 (A) THE TOTAL TIPS PAID TO DRIVERS FOR DELIVERY TASKS;
55
1 (B) THE TOTAL REIMBURSEMENT AMOUNT PAID TO DRIVERS FOR
2 TOLLS OR OTHER ITEMS INITIALLY PAID BY DRIVERS;
3 (C) THE TOTAL AMOUNT DRIVERS RECEIVED AS PAYMENT FROM
4 THE DNC FOR ALL DELIVERY TASKS; AND
5 (D) THE TOTAL AMOUNT DRIVERS RECEIVED IN BONUSES,
6 INCENTIVES, OR OTHER PAYMENTS;
7 (XII) THE NUMBER OF MERCHANTS WHO PREPARED AT LEAST ONE
8 ORDER FOR DELIVERY COORDINATED THROUGH A DNC'S DIGITAL
9 PLATFORM;
10 (XIII) THE TOTAL AMOUNT CHARGED TO MERCHANTS DURING THE
11 REPORTING PERIOD; AND
12 (XIV) THE TOTAL OF ALL AMOUNTS CHARGED TO CONSUMERS
13 OTHER THAN THE AMOUNT FOR THE FOOD, BEVERAGES, OR OTHER GOODS
14 DISCLOSED PURSUANT TO SUBSECTION (4)(a)(X) OF THIS SECTION.
15 (b) THE DIVISION SHALL MAKE THE INFORMATION PROVIDED BY
16 EACH DNC IN ACCORDANCE WITH THIS SECTION PUBLICLY AVAILABLE,
17 SORTABLE, AND SEARCHABLE WITH REDACTIONS TO PROTECT DRIVER AND
18 CONSUMER PRIVACY AND IDENTITY.
19 (5) Contract transparency - rules. (a) A DNC SHALL OFFER A
20 DRIVER A CONTRACT OR CHANGES TO A CONTRACT ON THE DIGITAL
21 PLATFORM AND BY E-MAIL.
22 (b) A DNC SHALL INCLUDE IN A CONTRACT A TABLE OF CONTENTS
23 DESCRIBING THE TERMS OR SECTIONS OF THE CONTRACT ON THE FIRST
24 PAGE OF THE CONTRACT.
25 (c) ALL MATERIAL TERMS OF A CONTRACT THE DNC OFFERS TO A
26 DRIVER MUST BE DISCLOSED IN PLAIN LANGUAGE.
27 (d) WHEN PROVIDING A NEW DRIVER WITH A CONTRACT, A DNC
28 SHALL PROMINENTLY DISPLAY THE CONTRACT ON THE SCREEN AND E-MAIL
29 THE CONTRACT AT THE TIME THE DRIVER APPLIES TO WORK FOR THE DNC.
30 (e) WHEN A DNC CHANGES A CONTRACT OR ISSUES A NEW
31 CONTRACT, THE DNC SHALL:
32 (I) E-MAIL THE CONTRACT TO ALL DRIVERS ENGAGED ON THE
33 DIGITAL PLATFORM AT LEAST FOURTEEN DAYS BEFORE THE CONTRACT
34 BECOMES ENFORCEABLE; AND
35 (II) POST THE CONTRACT ONLINE, IN THE DIGITAL PLATFORM, OR
36 IN ANOTHER LOCATION THAT IS AVAILABLE TO THE PUBLIC ON AN ONGOING
37 BASIS FOR AT LEAST FOURTEEN DAYS BEFORE THE CONTRACT BECOMES
38 ENFORCEABLE.
39 (f) A DNC SHALL PROVIDE DRIVERS WITH CONTRACTS IN ENGLISH,
40 SPANISH, ARABIC, AND UP TO THREE ADDITIONAL LANGUAGES COMMONLY
41 SPOKEN BY DRIVERS IN THE STATE, AS DETERMINED BY THE DIRECTOR.
42 (g) ONCE A DRIVER AGREES TO A CONTRACT WITH THE DNC, THE
43 DNC SHALL E-MAIL THE CONTRACT TO THE DRIVER AND MAKE THE SIGNED
44 CONTRACT CONTINUOUSLY AVAILABLE TO THE DRIVER ON THE DIGITAL
45 PLATFORM.
46 (6) Account deactivation transparency - deactivation challenge
47 procedure - rules. (a) A DNC SHALL DEVELOP AND MAINTAIN AN
48 ACCOUNT DEACTIVATION POLICY. THE POLICY MUST:
49 (I) BE IN WRITING, WHICH MAY BE IN AN ELECTRONIC FORMAT;
50 (II) DEFINE WHAT CONSTITUTES A VIOLATION THAT MAY RESULT
51 IN AN ACCOUNT DEACTIVATION AND BE SPECIFIC ENOUGH FOR A DRIVER TO
52 REASONABLY UNDERSTAND WHAT CONSTITUTES A VIOLATION;
53 (III) BE PROVIDED TO THE DRIVER PRIOR TO THE DRIVER
54 PROVIDING DELIVERY SERVICES THROUGH THE DNC'S DIGITAL PLATFORM;
55 AND
1 (IV) BE AVAILABLE TO THE DRIVER IN ENGLISH, SPANISH, ARABIC,
2 AND UP TO THREE ADDITIONAL LANGUAGES COMMONLY SPOKEN BY DNC
3 DRIVERS IN THE STATE, AS DETERMINED BY THE DIRECTOR.
4 (b) A DNC SHALL PROVIDE THE ACCOUNT DEACTIVATION POLICY
5 TO THE DIVISION IN ENGLISH, SPANISH, ARABIC, AND UP TO THREE
6 ADDITIONAL LANGUAGES COMMONLY SPOKEN BY DRIVERS IN THE STATE,
7 AS DETERMINED BY THE DIRECTOR. THE DIVISION SHALL POST THE DNC'S
8 ACCOUNT DEACTIVATION POLICY AND ANY REVISIONS TO THE DNC'S
9 ACCOUNT DEACTIVATION POLICY PUBLICLY ON THE DIVISION'S WEBSITE
10 FOR AT LEAST THIRTY DAYS BEFORE THE DEACTIVATION POLICY BECOMES
11 ENFORCEABLE.
12 (c) A DNC SHALL NOT DEACTIVATE A DRIVER UNLESS THE
13 DEACTIVATION IS CONSISTENT WITH THE DNC'S DEACTIVATION POLICY
14 ADOPTED AND DISTRIBUTED IN ACCORDANCE WITH THIS SUBSECTION (6).
15 (d) A DNC SHALL PROVIDE A DRIVER WITH WRITTEN NOTICE OF AN
16 ACCOUNT DEACTIVATION IN AN ELECTRONIC FORMAT VIA E-MAIL, TEXT
17 MESSAGE, OR THROUGH THE DNC'S DIGITAL PLATFORM UPON THE
18 EFFECTIVE DATE OF THE DEACTIVATION. A NOTICE REQUIRED BY THIS
19 SECTION MUST INCLUDE THE FOLLOWING INFORMATION:
20 (I) SUFFICIENT INFORMATION FOR THE DRIVER TO REASONABLY
21 UNDERSTAND THE REASONS FOR THE ACCOUNT DEACTIVATION, INCLUDING
22 THE PROVISION OF THE DNC'S ACCOUNT DEACTIVATION POLICY THAT WAS
23 VIOLATED;
24 (II) THE EFFECTIVE DATE OF THE ACCOUNT DEACTIVATION;
25 (III) A DESCRIPTION OF THE STEPS, IF ANY, THE DRIVER CAN TAKE
26 TO REMEDY THE VIOLATION; AND
27 (IV) NOTIFICATION OF THE DRIVER'S RIGHT TO CHALLENGE THE
28 ACCOUNT DEACTIVATION PURSUANT TO SUBSECTION (6)(e) OF THIS
29 SECTION; AND
30 (V) THE DNC'S PROCESS FOR CHALLENGING AN ACCOUNT
31 DEACTIVATION OR A LINK TO A DESCRIPTION OF THAT PROCESS.
32 (e) (I) A DRIVER HAS THE RIGHT TO CHALLENGE THE DRIVER'S
33 ACCOUNT DEACTIVATION THROUGH AN INTERNAL ACCOUNT
34 DEACTIVATION CHALLENGE PROCEDURE ESTABLISHED BY THE DNC.
35 (II) A DNC SHALL CREATE AN INTERNAL ACCOUNT DEACTIVATION
36 CHALLENGE PROCEDURE THAT MUST BE MADE AVAILABLE TO THE DRIVER
37 IMMEDIATELY UPON NOTICE OF THE DRIVER'S ACCOUNT DEACTIVATION
38 AND FOR UP TO THIRTY DAYS AFTER THE DATE OF THE DEACTIVATION
39 NOTICE.
40 (III) A DNC SHALL PROVIDE THE DNC'S INTERNAL ACCOUNT
41 DEACTIVATION CHALLENGE PROCEDURE TO THE DRIVER ALONG WITH THE
42 DEACTIVATION NOTICE PROVIDED PURSUANT TO SUBSECTION (6)(d) OF
43 THIS SECTION IN A FORMAT THAT IS READILY ACCESSIBLE TO THE DRIVER.
44 (IV) A DNC SHALL REVIEW AND RESPOND TO A DRIVER'S
45 CHALLENGE TO AN ACCOUNT DEACTIVATION WITHIN FOURTEEN DAYS
46 AFTER RECEIVING THE CHALLENGE. A DNC'S RESPONSE TO A DRIVER'S
47 CHALLENGE TO AN ACCOUNT DEACTIVATION MUST INCLUDE A WRITTEN
48 STATEMENT, WHICH MAY BE IN AN ELECTRONIC FORMAT, PROVIDING ONE
49 OF THE FOLLOWING:
50 (A) A DETERMINATION REAFFIRMING THE ACCOUNT
51 DEACTIVATION, INCLUDING A DESCRIPTION OF THE STEPS, IF ANY, THE
52 DRIVER CAN TAKE TO REMEDY THE VIOLATION, AND A SUMMARY OF THE
53 REASONS THAT THE ACCOUNT DEACTIVATION IS REAFFIRMED;
54
1 (B) ANY CIRCUMSTANCES NECESSITATING A DELAYED TIMELINE
2 FOR THE DNC'S RESPONSE AND AN ANTICIPATED DATE FOR A RESPONSE
3 EITHER REAFFIRMING THE ACCOUNT DEACTIVATION OR REINSTATING THE
4 DRIVER; OR
5 (C) A DETERMINATION THAT THE DRIVER DID NOT VIOLATE THE
6 DNC'S ACCOUNT DEACTIVATION POLICY AND INFORMATION REGARDING
7 WHEN THE DRIVER'S ACCESS TO THE DIGITAL PLATFORM WILL BE
8 REINSTATED.
9 (V) FOLLOWING THE CONCLUSION OF THE INTERNAL ACCOUNT
10 DEACTIVATION CHALLENGE PROCEDURE, THE DNC MUST REINSTATE THE
11 DRIVER'S ACCESS TO THE DIGITAL PLATFORM IF THE DNC DETERMINES
12 THAT THE DRIVER DID NOT VIOLATE THE DNC'S ACCOUNT DEACTIVATION
13 POLICY OR THAT THE DRIVER CORRECTED ANY VIOLATION. THE DNC MUST
14 REINSTATE THE DRIVER'S ACCESS AS SOON AS POSSIBLE AND NO LATER
15 THAN SEVENTY-TWO HOURS FOLLOWING THE DNC PROVIDING THE
16 WRITTEN STATEMENT PURSUANT TO SUBSECTION (6)(e)(IV) OF THIS
17 SECTION.
18 (f) THIS SUBSECTION (6) SHALL NOT BE INTERPRETED TO REQUIRE
19 A DNC TO PROVIDE A DRIVER WITH ANY INFORMATION THAT A DNC
20 REASONABLY BELIEVES COULD COMPROMISE THE SAFETY OR PRIVACY OF
21 A CONSUMER.
22 (7) Driver safety. EACH TIME A DNC CONNECTS A CONSUMER TO
23 A DRIVER, THE DNC SHALL PROMPT THE CONSUMER AS A MEANS TO
24 ENCOURAGE THE CONSUMER TO ENSURE DRIVER SAFETY UPON ARRIVAL,
25 INCLUDING BY ENSURING A CLEAR, WELL-LIT, SAFE DELIVERY PATH AND
26 ENSURING ALL PETS ARE PROPERLY SECURED.
27 (8) Task acceptance time. (a) A DNC SHALL ENSURE ALL
28 DRIVERS HAVE AT LEAST SIXTY SECONDS AFTER A DELIVERY TASK OFFER
29 IS DISPLAYED ON THE DRIVER'S SMARTPHONE OR SIMILAR SCREEN TO
30 DECIDE WHETHER OR NOT TO ACCEPT THE OFFER.
31 (b) IT IS UNLAWFUL FOR A DNC TO DISCRIMINATE AGAINST A
32 DRIVER FOR FAILURE TO RESPOND TO A DELIVERY TASK OFFER WITHIN
33 SIXTY SECONDS AFTER DISPLAYING THE OFFER ON THE DRIVER'S
34 SMARTPHONE OR SIMILAR SCREEN.
35 (9) Penalties, fines, and enforcement. (a) IF A DNC VIOLATES
36 THIS SECTION, THE DNC MAY BE SUBJECT TO:
37 (I) STATUTORY DAMAGES IN THE AMOUNT OF ONE THOUSAND
38 DOLLARS, AS DETERMINED BY A COURT, IN A CIVIL ACTION BROUGHT
39 PURSUANT TO SUBSECTION (9)(d) OF THIS SECTION ON A PER-CONSUMER
40 OR A PER-DRIVER BASIS, WHICH AMOUNT THE DNC SHALL PAY TO THE
41 CONSUMER OR DRIVER AFFECTED BY THE VIOLATION;
42 (II) A FINE OF ONE HUNDRED DOLLARS PER VIOLATION, AS
43 DETERMINED BY THE DIRECTOR ON A PER-CONSUMER OR A PER-DRIVER
44 BASIS, WHICH AMOUNT THE DNC SHALL PAY TO THE DIVISION; AND
45 (III) INJUNCTIVE RELIEF PURSUANT TO SUBSECTION (9)(d)(II) OF
46 THIS SECTION.
47 (b) THE DIVISION MAY INVESTIGATE ALLEGED VIOLATIONS IN
48 RESPONSE TO COMPLAINTS FILED OR AT THE DIVISION'S DISCRETION.
49 (c) THE DIRECTOR SHALL ESTABLISH PROCEDURES FOR DRIVERS
50 AND CONSUMERS TO SUBMIT COMPLAINTS TO THE DIVISION AND FOR THE
51 DIVISION'S INVESTIGATIONS, HEARINGS, AND IMPOSITION OF FINES
52 PURSUANT TO THIS SUBSECTION (9).
53 (d) (I) A PERSON AGGRIEVED BY A DNC'S VIOLATION OF THIS
54 SECTION MAY FILE A CIVIL ACTION AGAINST THE DNC IN THE DISTRICT
55 COURT WHERE:
1 (A) THE PERSON RESIDES;
2 (B) THE VIOLATION OCCURRED; OR
3 (C) THE DNC HAS A PHYSICAL PLACE OF BUSINESS IN THE STATE.
4 (II) THE PERSON FILING THE CIVIL ACTION MAY SEEK:
5 (A) INJUNCTIVE RELIEF FROM THE DISTRICT COURT TO COMPEL A
6 DNC TO COMPLY WITH THIS SECTION;
7 (B) STATUTORY DAMAGES AS SPECIFIED IN SUBSECTION (9)(a)(I)
8 OF THIS SECTION; AND
9 (C) ANY ACTUAL DAMAGES SUSTAINED AS A RESULT OF THE
10 VIOLATION.
11 (e) THE DIRECTOR SHALL TRANSFER THE FINES COLLECTED
12 PURSUANT TO SUBSECTION (9)(a)(II) OF THIS SECTION TO THE GENERAL
13 FUND.
14 (10) Rules. THE DIRECTOR SHALL ADOPT RULES NECESSARY TO
15 IMPLEMENT THIS SECTION ON OR BEFORE APRIL 1, 2025.
16 SECTION 2. Act subject to petition - effective date -
17 applicability. (1) This act takes effect at 12:01 a.m. on the day following
18 the expiration of the ninety-day period after final adjournment of the
19 general assembly; except that, if a referendum petition is filed pursuant
20 to section 1 (3) of article V of the state constitution against this act or an
21 item, section, or part of this act within such period, then the act, item,
22 section, or part will not take effect unless approved by the people at the
23 general election to be held in November 2024 and, in such case, will take
24 effect on the date of the official declaration of the vote thereon by the
25 governor.
26 (2) This act applies to contracts executed or renewed on or after
27 the applicable effective date of this act.".
28
29

House Journal, April 16
45 HB24-1129 be amended as follows, and as so amended, be referred to
46 the Committee of the Whole with favorable
47 recommendation:
48
49 Amend the Business Affairs and Labor Committee Report, dated
50 February 29, 2024, page 2, strike lines 23 through 28.
51
52 Reletter succeeding paragraphs accordingly.
53
54 Page 5, strike lines 12 through 43.
55
56 Page 6, strike lines 1 through 6.
1 Renumber succeeding subsections accordingly.
2
3 Page 7, line 14, strike "(6)." and substitute "(5).".
4
5 Page 7, line 28, strike "(6)(e)" and substitute "(5)(e)".
6
7 Page 7, line 42, strike "(6)(d)" and substitute "(5)(d)".
8
9 Page 8, line 26, strike "(6)(e)(IV)" and substitute "(5)(e)(IV)".
10
11 Page 8, line 28, strike "(6)" and substitute "(5)".
12
13 Page 9, line 6, strike "(9)(d)" and substitute "(8)(d)".
14
15 Page 9, line 12, strike "(9)(d)(II)" and substitute "(8)(d)(II)".
16
17 Page 9, line 19, strike "(9)." and substitute "(8).".
18
19 Page 9, line 29, strike "(9)(a)(I)" and substitute "(8)(a)(I)".
20
21 Page 9, line 34, strike "(9)(a)(II)" and substitute "(8)(a)(II)".
22
23 Page 9, line 37, strike "SECTION ON OR BEFORE APRIL 1, 2025." and
24 substitute "SECTION.".
25
26 Page 9, before line 38 insert:
27
28 "SECTION 2. Appropriation. For the 2024-25 state fiscal year,
29 $163,409 is appropriated to the department of labor and employment for
30 use by the division of labor standards and statistics. This appropriation is
31 from the general fund and is based on an assumption the division will
32 require an additional 1.6 FTE. To implement this act, the division may
33 use this appropriation for program costs related to labor standards.".
34
35 Page 9, line 38, strike "SECTION 2." and substitute "SECTION 3.".
36
37 Page 9, line 39, strike "This" and substitute "Except as specified in
38 subsection (2) of this section, this".
39
40 Page 10, after line 4 insert:
41
42 "(2) Section 8-4-126 (8)(a), (8)(b), and (8)(c), Colorado Revised
43 Statutes, as enacted in section 1 of this act, takes effect January 1, 2025.".
44
45 Renumber succeeding subsection accordingly.
46
47 Page 10, line 6, strike "date" and substitute "dates".
48
49 Page 10, after line 6 insert:
50
51 "Page 1 of the bill, line 102, strike "COMPANIES." and substitute
52 "COMPANIES, AND, IN CONNECTION THEREWITH, MAKING AN
53 APPROPRIATION.".".
54
55

House Journal, April 20
36 Amendment No. 1, Appropriations Report, dated April 17, 2024, and
37 placed in member's bill file; Report also printed in House Journal,
38 April 17, 2024.
39
40 Amendment No. 2, Business Affairs & Labor Report, dated February 29,
41 2024, and placed in member's bill file; Report also printed in House
42 Journal, March 1, 2024.
43
44 Amendment No. 3, by Representative Vigil:
45
46 Amend the Business Affairs and Labor Committee Report, dated
47 February 29, 2024, page 3, line 16, before "BEFORE" insert "BUT NOT TO
48 A DRIVER WHO IS COMPENSATED FOR A BLOCK OF TIME FOR MULTIPLE
49 DELIVERIES,".
50
51 Page 3, line 38, before "A" insert "BUT NOT FOR A DRIVER WHO IS
52 COMPENSATED FOR A BLOCK OF TIME FOR MULTIPLE DELIVERIES,".
53
54 Page 9, after line 35 insert:
55
1 "(10) A DNC NEED NOT COMPLY WITH THE PROVISIONS OF THIS
2 SECTION WITH RESPECT TO DRIVERS OR DELIVERY TASKS PERFORMED BY
2 3 DRIVERS WHO ANNUALLY RECEIVE OR WILL RECEIVE A FEDERAL FORM W-
4 FROM THE DNC REFLECTING ALL AMOUNTS EARNED BY THE DRIVER WHILE
5 PERFORMING SERVICES DISPATCHED OR FACILITATED THROUGH THE DNC'S
6 DIGITAL PLATFORM.".
7
8 Renumber succeeding subsection accordingly.
9
10 Amendment No. 4, by Representative Vigil:
11
12 Amend the Business Affairs and Labor Committee Report, dated
13 February 29, 2024, page 2, strike lines 18 through 20 and substitute:
14 "(g) "IRS MILEAGE RATE" MEANS THE FEDERAL INTERNAL
15 REVENUE SERVICE'S STANDARD MILEAGE RATE FOR BUSINESS USE.".
16
17 Page 4, strike lines 5 through 7 and substitute "DELIVERY TASK; AND".
18
19 Renumber succeeding subparagraph accordingly.
20
21 Page 4, strike lines 42 and 43 and substitute "DELIVERY TASK; AND".
22
23 Page 5, strike line 1.
24
25 Renumber succeeding subparagraph accordingly.
26
27 Page 5, after line 3 insert:
28 "(e) (I) A DNC SHALL:
29 (A) WITHIN THIRTY DAYS AFTER THE END OF EACH CALENDAR
30 QUARTER, PROVIDE TO EACH DRIVER, BY E-MAIL OR THROUGH THE DIGITAL
31 PLATFORM, A DISCLOSURE IDENTIFYING AT LEAST THE TOTAL NUMBER OF
32 MILES TRAVELED TO COMPLETE EACH DELIVERY TASK THROUGH THE DNC
33 DURING THE CALENDAR QUARTER AND THE IRS MILEAGE RATE
34 APPLICABLE FOR THE CALENDAR QUARTER; OR
35 (B) WITHIN THIRTY DAYS AFTER THE END OF EACH CALENDAR
36 MONTH, PROVIDE TO EACH DRIVER, BY E-MAIL OR THROUGH THE DIGITAL
37 PLATFORM, A DISCLOSURE IDENTIFYING AT LEAST THE TOTAL NUMBER OF
38 MILES TRAVELED TO COMPLETE EACH DELIVERY TASK THROUGH THE DNC
39 DURING THE CALENDAR MONTH AND THE IRS MILEAGE RATE APPLICABLE
40 FOR THE CALENDAR MONTH.
41 (II) FOR EACH DELIVERY TASK, THE DNC SHALL CALCULATE THE
42 MILES TRAVELED TO COMPLETE A DELIVERY TASK AS ALL MILES TRAVELED
43 FROM THE LOCATION WHERE THE DRIVER ACCEPTED A DELIVERY TASK TO
44 THE LOCATION WHERE THE DRIVER DROPPED OFF THE LAST ITEM TO BE
45 DELIVERED AS PART OF THAT DELIVERY TASK.
46 (III) AS PART OF THE DISCLOSURES MADE PURSUANT TO
47 SUBSECTION (3)(e)(I) OF THIS SECTION, THE DNC MAY INCLUDE A NOTICE
48 THAT THIS DISCLOSURE IS NOT TAX ADVICE AND THAT THE DRIVER SHOULD
49 CONTACT A TAX PROFESSIONAL.".
50
51 Reletter succeeding paragraph accordingly.
52
53 Amendment No. 5, by Representative Vigil:
54
55 Amend the Business Affairs and Labor Committee Report, dated
56 February 29, 2024, page 2, strike lines 39 through 43 and substitute:
1 "(2) Consumer payments. (a) ON THE SAME SCREEN ON WHICH
2 A DNC PROMPTS A CONSUMER TO LEAVE A TIP FOR A DRIVER, THE DNC
3 SHALL DISCLOSE IN A MANNER PROMINENTLY DISPLAYED ON THE SCREEN
4 THE AMOUNT OF MONEY THAT THE CONSUMER PAID OR WILL PAY FOR THE
5 TRANSACTION.
6 (b) A DNC SHALL NOT DECREASE THE AMOUNT THE DNC PAYS A
7 DRIVER FOR A DELIVERY TASK BASED ON THE AMOUNT OF A CUSTOMER'S
8 TIP FOR THAT DELIVERY TASK.
9 (c) A DNC SHALL PAY A DRIVER ALL TIPS PAID BY A CONSUMER.".
10
11 Page 3, strike lines 1 through 5.
12
13 Reletter succeeding paragraph accordingly.
14
15 Page 8, strike lines 41 through 43 and substitute:
16
17 "(b) TO ENSURE ALL DRIVERS HAVE THE FULL AMOUNT OF TIME TO
18 DECIDE WHETHER TO ACCEPT A DELIVERY TASK OFFER PURSUANT TO
19 SUBSECTION (8)(a) OF THIS SECTION, A DNC SHALL NOT PENALIZE OR
20 RETALIATE AGAINST A DRIVER FOR A FAILURE TO RESPOND TO A DELIVERY
21 TASK OFFER IN A PERIOD OF LESS THAN SIXTY SECONDS AFTER DISPLAYING
22 THE OFFER ON THE DRIVER'S SMARTPHONE OR SIMILAR SCREEN, AND A
23 DNC SHALL NOT REQUIRE OR ENCOURAGE THE DRIVER TO RESPOND TO A
24 DELIVERY TASK OFFER IN A PERIOD OF LESS THAN SIXTY SECONDS AFTER
25 DISPLAYING THE OFFER ON THE DRIVER'S SMARTPHONE OR SIMILAR
26 SCREEN.".
27
28 Page 9, strike line 1.
29
30 As amended, ordered engrossed and placed on the Calendar for Third
31 Reading and Final Passage.
32

Senate Journal, April 25
After consideration on the merits, the Committee recommends that HB24-1129 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 16, line 6, strike "8-4-126 (8)(a), (8)(b), and
(8)(c)," and substitute "8-4-126 (2), (3), (4), (5), (6), and (9),".

Health &
Human
Services

Senate Journal, April 30
HB24-1129 by Representative(s) Vigil and Mabrey; also Senator(s) Hinrichsen and Priola--
Concerning protections for drivers engaged with delivery network companies, and, in
connection therewith, making an appropriation.

Amendment No. 1, Business, Labor, & Technology Committee Amendment.
(Printed in Senate Journal, April 25, page(s) 1087 and placed in members' bill files.)

Amendment No. 2(L.015), by Senator Hinrichsen.

Amend reengrossed bill, page 6, line 27, after "TIME" insert "AND THE ADDRESS
WHERE THE FOOD, BEVERAGES, OR OTHER GOODS MUST BE PICKED UP,".

Page 8, line 17, strike "TASK," and substitute "TASK FOR WHICH THE DRIVER WAS
PAID ON A PER-DELIVERY-TASK OR A PER-TRANSACTION BASIS, BUT NOT FOR A
DRIVER WHO IS COMPENSATED FOR A BLOCK OF TIME FOR MULTIPLE
DELIVERIES,".

Page 8, after line 21 insert:

"(III) (A) FOR EACH DELIVERY TASK THAT IS COMPENSATED IN A
BLOCK OF TIME FOR MULTIPLE DELIVERIES, THE DNC SHALL CALCULATE THE
MILES TRAVELED TO COMPLETE A DELIVERY TASK FROM THE PICK-UP LOCATION
WHERE THE DRIVER WAS DIRECTED TO BEGIN THE DELIVERY TASK TO THE
LOCATION WHERE THE DRIVER DROPPED OFF THE LAST ITEM TO BE DELIVERED
AS PART OF THAT DELIVERY TASK.
(B) FOR EACH DELIVERY TASK THAT IS COMPENSATED IN A BLOCK OF
TIME FOR MULTIPLE DELIVERIES, THE DNC SHALL NOTIFY THE DRIVER THAT
ANY ADDITIONAL MILES THE DRIVER INCURRED TRAVELING TO THE PICK-UP
LOCATION WHERE THE DRIVER WAS DIRECTED TO BEGIN THE DELIVERY TASK
AND TRAVELING FROM THE LOCATION WHERE THE DRIVER WAS DIRECTED TO
MAKE THE LAST DELIVERY MAY BE ELIGIBLE FOR TAX MILEAGE DEDUCTIONS
UNDER STATE AND FEDERAL LAW.
(C) AS PART OF THE DISCLOSURES MADE PURSUANT TO SUBSECTION
(3)(e)(I) OF THIS SECTION, THE DNC SHALL DISCLOSE TO THE DRIVER THAT FOR
EACH DELIVERY TASK THAT IS COMPENSATED IN A BLOCK OF TIME FOR MULTIPLE
DELIVERIES, THE MILEAGE REPORT ONLY INCLUDES MILES TRAVELED FROM THE
LOCATION WHERE THE DRIVER BEGAN THE DELIVERY TASK TO THE LOCATION
WHERE THE DRIVER DROPPED OFF THE LAST ITEM TO BE DELIVERED AS PART OF
THAT DELIVERY TASK.".

Renumber succeeding subparagraph accordingly.

As amended, ordered revised and placed on the calendar for third reading and final
passage.