Amendments for SB24-075
Senate Journal, February 21
After consideration on the merits, the Committee recommends that SB24-075 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, strike everything below the enacting clause and substitute:
"SECTION 1. In Colorado Revised Statutes, add 8-4-126 as follows:
8-4-126. Transportation network companies - disclosures to drivers
- deactivation and suspension policies - disclosures to division - definitions
- enforcement - rules. (1) Definitions. AS USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(a) "AVAILABLE PLATFORM TIME" MEANS THE PERIOD WHEN A DRIVER
IS ACTIVE ON A TRANSPORTATION NETWORK COMPANY'S DIGITAL PLATFORM
WHILE AWAITING A TRANSPORTATION SERVICES REQUEST TO COME THROUGH
THE DIGITAL PLATFORM.
(b) "COMMISSION" MEANS THE PUBLIC UTILITIES COMMISSION CREATED
IN SECTION 40-2-101.
(c) "CONSUMER" MEANS AN INDIVIDUAL WHO USES A DIGITAL
PLATFORM TO ORDER TRANSPORTATION SERVICES FROM A TNC.
(d) (I) "CONSUMER PLATFORM TIME" MEANS THE PERIOD OF TIME WHEN
A DRIVER IS TRANSPORTING ONE OR MORE CONSUMERS OR RIDERS ON A RIDE.
(II) "CONSUMER PLATFORM TIME", FOR SHARED RIDES, MEANS THE
PERIOD OF TIME COMMENCING WHEN THE FIRST CONSUMER OR RIDER ENTERS A
DRIVER'S VEHICLE AND ENDING WHEN THE LAST CONSUMER OR RIDER EXITS THE
DRIVER'S VEHICLE.
(e) (I) "DEACTIVATE" OR "DEACTIVATION" MEANS CONDUCT THAT A
TNC ENGAGES IN TO RESTRICT A DRIVER'S ACCESS TO THE TNC'S DIGITAL
PLATFORM FOR SEVENTY-TWO HOURS OR MORE.
(II) "DEACTIVATE" OR "DEACTIVATION" INCLUDES BLOCKING A
DRIVER'S ACCESS TO A DIGITAL PLATFORM, SUSPENDING A DRIVER, OR
CHANGING A DRIVER'S STATUS FROM ELIGIBLE TO INELIGIBLE TO PROVIDE
TRANSPORTATION SERVICES FOR A TNC FOR SEVENTY-TWO HOURS OR MORE.
(f) "DIGITAL PLATFORM" MEANS AN ONLINE APPLICATION, AN INTERNET
SITE, OR A SYSTEM, EITHER OF WHICH A TNC USES TO FACILITATE, MANAGE, OR
FACILITATE AND MANAGE TRANSPORTATION SERVICES.
(g) (I) "DISPATCH PLATFORM TIME" MEANS THE PERIOD OF TIME
BETWEEN A DRIVER'S RECEIPT OF A REQUEST FOR A TRANSPORTATION TASK
THROUGH THE TNC'S DIGITAL PLATFORM AND THE TIME WHEN EITHER THE
DRIVER PICKS UP A CONSUMER OR RIDER OR WHEN A CONSUMER OR THE DRIVER
CANCELS THE RIDE.
(II) "DISPATCH PLATFORM TIME", FOR SHARED RIDES, MEANS THE
PERIOD OF TIME BETWEEN A DRIVER'S RECEIPT OF THE FIRST REQUEST FOR A
TRANSPORTATION TASK AND THE FIRST CONSUMER OR RIDER PICKUP.
(h) "DRIVER" MEANS A TRANSPORTATION NETWORK COMPANY DRIVER
AS DEFINED IN SECTION 40-10.1-602 (4).
(i) "DRIVER PAY BEFORE EXPENSES" MEANS THE TOTAL MONTHLY
AMOUNT THAT A TNC REMITS TO A DRIVER, DISAGGREGATED TO SHOW:
(I) PAY FOR TRANSPORTATION TASKS;
(II) PASS-THROUGHS;
(III) BONUS OR INCENTIVE PAY; AND
(IV) TIPS.
(j) "DRIVER TIPS BEFORE EXPENSES" MEANS THE TOTAL MONTHLY
AMOUNT OF TIPS THAT CONSUMERS PAY A TNC, THAT ARE INTENDED AS
PAYMENT TO THE DRIVER, AND THAT THE TNC REMITS TO THE DRIVER.
(k) "IRS BUSINESS MILEAGE DEDUCTION RATE" MEANS THE FEDERAL
INTERNAL REVENUE SERVICE'S PREVAILING MILEAGE COST-DEDUCTION RATE
FOR BUSINESS USE.
(l) "PASS-THROUGH" MEANS A SUM THAT A TNC PAYS A DRIVER TO
COVER COSTS, SUCH AS TOLLS, THAT THE DRIVER INCURS WHILE PERFORMING
WORK THROUGH A TNC'S DIGITAL PLATFORM.
(m) "RIDER" HAS THE SAME MEANING AS "TRANSPORTATION NETWORK
COMPANY RIDER" AS DEFINED IN SECTION 40-10.1-602 (5).
(n) (I) "SUSPEND" OR "SUSPENSION" MEANS CONDUCT THAT A TNC
ENGAGES IN TO BLOCK OR RESTRICT A DRIVER'S ACCESS TO THE DIGITAL
PLATFORM FOR A PERIOD OF LESS THAN SEVENTY-TWO HOURS.
(II) "SUSPEND" OR "SUSPENSION" INCLUDES:
(A) BLOCKING A DRIVER'S ACCESS TO THE DIGITAL PLATFORM;
(B) SUSPENDING A DRIVER; OR
(C) CHANGING A DRIVER'S STATUS FROM ELIGIBLE TO INELIGIBLE TO
PROVIDE TRANSPORTATION SERVICES FOR THE TNC FOR LESS THAN
SEVENTY-TWO HOURS.
(o) "TIP" MEANS A GRATUITY THAT A CONSUMER:
(I) INDICATES THROUGH A DIGITAL PLATFORM AS INTENDED FOR DIRECT
PAYMENT TO A DRIVER; OR
(II) WOULD REASONABLY EXPECT TO BE PAID IN FULL TO A DRIVER.
(p) "TRANSPORTATION NETWORK COMPANY" OR "TNC" HAS THE
MEANING SET FORTH IN SECTION 40-10.1-602 (3); EXCEPT THAT THE TERM DOES
NOT INCLUDE A TNC THAT:
(I) EITHER SERVES RIDERS AT LEAST SEVENTY-FIVE PERCENT OF WHOM
ARE UNDER THE AGE OF EIGHTEEN OR EARNS AT LEAST NINETY PERCENT OF THE
TNC'S REVENUE FROM CONTRACTS WITH A PUBLIC OR PRIVATE SCHOOL, THE
FEDERAL GOVERNMENT, A STATE, OR AN AGENCY OR A POLITICAL SUBDIVISION
OF THE FEDERAL GOVERNMENT OR OF THE STATE;
(II) HAS AT LEAST NINETY PERCENT OF THE TNC'S DRIVERS IN
COMPLIANCE WITH THE COMMISSION'S RULES PROMULGATED PURSUANT TO
SECTION 40-10.1-608 (3)(a);
(III) ATTESTS THAT THE TNC MEETS THE REQUIREMENTS SET FORTH IN
SUBSECTIONS (1)(p)(I) AND (1)(p)(II) OF THIS SECTION AND SUBMITS AN
ATTESTATION TO THE COMMISSION ON OR BEFORE JANUARY 1, 2025, AND WITH
EACH PERMIT RENEWAL APPLICATION SUBMITTED TO THE COMMISSION
PURSUANT TO SECTION 40-10.1-606; AND
(IV) DISCLOSES TO A DRIVER THE DESTINATION AND EXPECTED
COMPENSATION FOR A RIDE BEFORE THE DRIVER ACCEPTS THE RIDE FOR ALL
TRANSPORTATION TASKS PROVIDED THROUGH THE TNC'S DIGITAL PLATFORM.
(q) "TRANSPORTATION SERVICES" HAS THE SAME MEANING AS
"TRANSPORTATION NETWORK COMPANY SERVICES" AS DEFINED IN SECTION
40-10.1-602 (6).
(r) "TRANSPORTATION TASK" MEANS A DRIVER'S PROVISION OF
TRANSPORTATION SERVICES TO A CONSUMER OR TO ONE OR MORE RIDERS FOR
WHOM A CONSUMER ORDERS TRANSPORTATION SERVICES THROUGH A TNC'S
DIGITAL PLATFORM.
(2) Effective date. (a) ON OR BEFORE MAY 1, 2025, A
TRANSPORTATION NETWORK COMPANY SHALL DEVELOP A DEACTIVATION AND
SUSPENSION POLICY IN ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION.
(b) ON AND AFTER JUNE 1, 2025, A TNC:
(I) SHALL COMPLY WITH THE DEACTIVATION AND SUSPENSION
REQUIREMENTS SET FORTH IN SUBSECTION (3) OF THIS SECTION; AND
(II) IS SUBJECT TO ENFORCEMENT BY THE DIRECTOR PURSUANT TO THIS
ARTICLE 4.
(3) Deactivation and suspension policy - disclosure - rules. (a) ON
OR BEFORE MAY 1, 2025, A TRANSPORTATION NETWORK COMPANY SHALL
INFORM EACH DRIVER OF THE TNC'S DEACTIVATION AND SUSPENSION POLICY
AND THE TYPES OF VIOLATIONS THAT MAY WARRANT DEACTIVATION OR
SUSPENSION. THE TNC'S DEACTIVATION AND SUSPENSION POLICY MUST:
(I) STATE THAT THE DEACTIVATION AND SUSPENSION POLICY IS
ENFORCEABLE AS A TERM OF THE TNC'S CONTRACT WITH A DRIVER;
(II) CLEARLY LIST THE CIRCUMSTANCES THAT CONSTITUTE A VIOLATION
THAT MAY WARRANT DEACTIVATION OR SUSPENSION UNDER THE DEACTIVATION
AND SUSPENSION POLICY AND INDICATE THE SPECIFIC CONSEQUENCES FOR EACH
LISTED VIOLATION, INCLUDING THE CONSEQUENCES RESULTING IN:
(A) DEACTIVATION OR SUSPENSION AND THE SPECIFIC NUMBER OF DAYS
OR RANGE OF DAYS FOR A DEACTIVATION OR SUSPENSION; OR
(B) ANY OTHER SANCTION;
(III) DESCRIBE FAIR, OBJECTIVE, AND REASONABLE PROCEDURES FOR
NOTIFYING A DRIVER OF A SUSPENSION OR A DEACTIVATION AND THE REASON
FOR THE SUSPENSION OR DEACTIVATION. THE PROCEDURES NEED NOT REQUIRE
THAT THE TNC PROVIDE THE DRIVER WITH A REASON FOR THE SUSPENSION OR
DEACTIVATION IF THE SUSPENSION OR DEACTIVATION IS THE RESULT OF AN
ALLEGATION OF ASSAULT OR OTHER EGREGIOUS MISCONDUCT, INCLUDING AN
ALLEGATION OF SEXUAL MISCONDUCT.
(IV) DESCRIBE FAIR, OBJECTIVE, AND REASONABLE PROCEDURES FOR
THE RECONSIDERATION OF A DEACTIVATION DECISION AND THE PROCESS BY
WHICH A DRIVER MAY REQUEST A DEACTIVATION RECONSIDERATION WITH THE
TNC.
(b) IN ADDITION TO THE REQUIREMENTS SET FORTH IN SUBSECTION
(3)(a) OF THIS SECTION, A TNC'S DEACTIVATION AND SUSPENSION POLICY MUST
BE:
(I) SPECIFIC ENOUGH FOR A DRIVER TO UNDERSTAND WHAT
CONSTITUTES A VIOLATION OF THE POLICY AND HOW TO AVOID VIOLATING THE
POLICY;
(II) MADE AVAILABLE TO A DRIVER IN AN ELECTRONIC FORMAT THAT
IS READILY ACCESSIBLE BY:
(A) PROMINENTLY DISPLAYING THE POLICY AND E-MAILING THE POLICY
TO A NEW DRIVER AT THE TIME THAT THE DRIVER APPLIES TO WORK AS A DRIVER
FOR THE TNC;
(B) E-MAILING THE POLICY TO ALL DRIVERS ENGAGED ON THE DIGITAL
PLATFORM AT LEAST FOURTEEN DAYS BEFORE THE POLICY BECOMES
ENFORCEABLE; AND
(C) POSTING THE POLICY ONLINE, IN THE DIGITAL PLATFORM, OR IN
ANOTHER LOCATION THAT IS AVAILABLE TO THE PUBLIC ON AN ONGOING BASIS
FOR AT LEAST FOURTEEN DAYS BEFORE THE POLICY BECOMES ENFORCEABLE;
(III) MADE AVAILABLE IN ENGLISH, SPANISH, ARABIC, AND UP TO
THREE ADDITIONAL LANGUAGES COMMONLY SPOKEN BY TNC DRIVERS IN THE
STATE, AS DETERMINED BY THE DIRECTOR BY RULE; AND
(IV) SENT TO THE DIVISION IN EACH REQUIRED LANGUAGE AND MADE
PUBLICLY AVAILABLE ON THE INTERNET FOR AT LEAST FOURTEEN DAYS BEFORE
THE POLICY BECOMES ENFORCEABLE. FOR ANY AMENDMENTS MADE TO A TNC'S
DEACTIVATION AND SUSPENSION POLICY, THE TNC SHALL COMPLY WITH THE
REQUIREMENTS OF THIS SUBSECTION (3).
(c) A TNC SHALL NOT DEACTIVATE OR SUSPEND A DRIVER UNLESS THE
DEACTIVATION OR SUSPENSION IS CONSISTENT WITH THE TNC'S DEACTIVATION
AND SUSPENSION POLICY, OR AMENDED DEACTIVATION AND SUSPENSION
POLICY, AS WRITTEN AND DISTRIBUTED IN ACCORDANCE WITH THIS SUBSECTION
(3).
(4) Semiannual disclosures to the division. ON AUGUST 1, 2026, AND
ON A SEMIANNUAL BASIS THEREAFTER, A TRANSPORTATION NETWORK COMPANY
SHALL MAKE THE FOLLOWING DISCLOSURES TO THE DIVISION:
(a) THE NUMBER OF DRIVER DEACTIVATIONS DURING THE REPORTING
PERIOD;
(b) THE NUMBER OF DEACTIVATION RECONSIDERATIONS:
(I) REQUESTED DURING THE REPORTING PERIOD;
(II) THAT OCCURRED DURING THE REPORTING PERIOD;
(III) THAT RESULTED IN DRIVER REACTIVATION; AND
(IV) THAT RESULTED IN CONFIRMATION OF THE DEACTIVATION;
(c) FOR EACH DRIVER AFFECTED BY A DEACTIVATION EVENT LISTED IN
SUBSECTION (4)(a) OR (4)(b) OF THIS SECTION, THE DRIVER'S DEMOGRAPHIC
INFORMATION, WHEN AVAILABLE, INCLUDING GENDER AND GENDER IDENTITY
AND THE DEFAULT LANGUAGE THE DRIVER HAS SELECTED IN THE TNC'S DIGITAL
PLATFORM;
(d) FOR EACH TRANSPORTATION TASK FOR WHICH THE TNC DISPATCHES
A DRIVER:
(I) THE DRIVER'S LICENSE NUMBER OR OTHER UNIQUE NUMERICAL
IDENTIFIER ASSOCIATED WITH THE DRIVER;
(II) WHETHER THE RIDE WAS CANCELED AND, IF SO, BY WHOM;
(III) THE TOTAL MILEAGE DRIVEN DURING DISPATCH PLATFORM TIME;
(IV) THE TOTAL MILEAGE DRIVEN DURING CONSUMER PLATFORM TIME;
(V) THE STARTING AND ENDING ZIP CODE FOR THE TRANSPORTATION
TASK;
(VI) THE TOTAL DISPATCH PLATFORM TIME;
(VII) WHETHER THE RIDE CONTRIBUTED TO DRIVER COMPLETION OF A
QUEST OR INCENTIVE THAT LED TO BONUS COMPENSATION NOT TIED
EXCLUSIVELY TO THE INDIVIDUAL TRANSPORTATION TASK;
(VIII) THE TIME OF DAY OR NIGHT THAT THE TRANSPORTATION TASK
BEGAN;
(IX) THE TOTAL CONSUMER PLATFORM TIME;
(X) THE TOTAL AMOUNT THAT THE CONSUMER PAID FOR THE
TRANSPORTATION TASK, DISAGGREGATED TO SHOW THE AMOUNT OF ANY TIP;
AND
(XI) THE TOTAL AMOUNT THAT THE DRIVER RECEIVED FOR THE
TRANSPORTATION TASK, DISAGGREGATED TO SHOW THE AMOUNT OF THE TIP, IF
ANY, AND THE AMOUNT OF ANY PASS-THROUGHS FOR TOLLS OR OTHER ITEMS
SPECIFIC TO THE TRANSPORTATION TASK; AND
(e) FOR EACH DRIVER WHO WAS ACTIVATED OR LOGGED IN TO THE
TNC'S DIGITAL PLATFORM DURING THE REPORTING PERIOD:
(I) THE DRIVER'S LICENSE NUMBER OR OTHER UNIQUE NUMERICAL
IDENTIFIER ASSOCIATED WITH THE DRIVER;
(II) THE TOTAL TIME THE DRIVER SPENT DURING THE REPORTING PERIOD
ON:
(A) DISPATCH PLATFORM TIME; AND
(B) CONSUMER PLATFORM TIME;
(III) THE TOTAL MILES DRIVEN DURING THE REPORTING PERIOD WHILE
THE DRIVER WAS ON:
(A) AVAILABLE PLATFORM TIME;
(B) DISPATCH PLATFORM TIME; AND
(C) CONSUMER PLATFORM TIME; AND
(IV) THE TOTAL AMOUNT OF MONEY PAID TO THE DRIVER BY THE TNC
DURING THE REPORTING PERIOD, DISAGGREGATED TO SHOW:
(A) THE AMOUNT OF TIPS;
(B) THE AMOUNT OF PASS-THROUGHS;
(C) THE AMOUNT OF BONUS OR INCENTIVE COMPENSATION;
(D) THE AMOUNT OF COMPENSATION ASSOCIATED WITH INDIVIDUAL
TRANSPORTATION TASKS, EXCLUDING AMOUNTS DISCLOSED IN SUBSECTIONS
(4)(e)(IV)(A) TO (4)(e)(IV)(C) OF THIS SECTION; AND
(E) ANY OTHER AMOUNTS PAID TO THE DRIVER DURING THE REPORTING
PERIOD.
(5) Public availability of TNC semiannual disclosures. THE
INFORMATION THAT A TRANSPORTATION NETWORK COMPANY PROVIDES
THROUGH SEMIANNUAL DISCLOSURES IN ACCORDANCE WITH SUBSECTION (4) OF
THIS SECTION TO THE DIVISION IS A PUBLIC RECORD, AS DEFINED IN SECTION
24-72-202 (6). PRIOR TO ANY DISCLOSURE OF THE INFORMATION PURSUANT TO
THE "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24, THE
DIVISION SHALL:
(a) GIVE NOTICE TO THE TNC THAT PROVIDED THE DISCLOSURE AND
AFFORD THE TNC AN OPPORTUNITY TO OBJECT TO THE DISCLOSURE; AND
(b) REDACT THE INFORMATION TO PROTECT DRIVERS' IDENTITIES AND
PRIVACY.
(6) Transparency for drivers and consumers. (a) ON AND AFTER
FEBRUARY 1, 2025, AT THE TIME OF OFFERING A TRANSPORTATION TASK TO A
DRIVER FOR ACCEPTANCE, A TRANSPORTATION NETWORK COMPANY SHALL
ELECTRONICALLY DISCLOSE TO THE DRIVER:
(I) THE DISTANCE AND CARDINAL OR INTERCARDINAL DIRECTION FROM
THE DRIVER'S LOCATION TO THE CONSUMER'S OR RIDER'S DESTINATION. FOR
SHARED RIDES, THE RELEVANT DESTINATION IS THE DESTINATION OF THE LAST
CONSUMER OR RIDER THAT THE DRIVER DROPS OFF.
(II) BEFORE ANY TIP IS ADDED, THE TOTAL AMOUNT OF MONEY THAT
THE TNC WILL PAY THE DRIVER FOR THE TRANSPORTATION TASK, EXCLUDING
ANY PASS-THROUGHS;
(III) THE AGGREGATE ESTIMATED MILEAGE THAT THE DRIVER WILL
DRIVE DURING DISPATCH PLATFORM TIME AND CONSUMER PLATFORM TIME FOR
THE TRANSPORTATION TASK;
(IV) THE AGGREGATE ESTIMATED TIME THAT THE DRIVER WILL SPEND
DURING DISPATCH PLATFORM TIME AND CONSUMER PLATFORM TIME DURING
THE TRANSPORTATION TASK; AND
(V) IF THE CONSUMER HAS ALREADY INDICATED A TIP AMOUNT, THE
AMOUNT OF THE TIP.
(b) WHEN A DRIVER RESUMES AVAILABLE PLATFORM TIME AFTER
COMPLETING A TRANSPORTATION TASK, A TNC SHALL ELECTRONICALLY
DISCLOSE TO THE DRIVER ON A SINGLE SCREEN ON THE DIGITAL PLATFORM:
(I) THE TOTAL AMOUNT OF MONEY THAT THE CONSUMER PAID FOR THE
TRANSPORTATION TASK BEFORE ANY TIP WAS ADDED;
(II) THE TOTAL AMOUNT OF MONEY PAID TO THE DRIVER FOR THE
TRANSPORTATION TASK BEFORE ANY TIP WAS ADDED, EXCLUDING
PASS-THROUGHS, IF ANY; AND
(III) THE AMOUNT OF THE TIP, IF ANY.
(c) WITHIN TWENTY-FOUR HOURS AFTER DISCLOSING THE INFORMATION
REQUIRED TO BE DISCLOSED IN ACCORDANCE WITH SUBSECTION (6)(b) OF THIS
SECTION, THE TNC SHALL PROVIDE A COPY OF THE INFORMATION TO THE
DRIVER BY E-MAIL OR OTHER MECHANISM THAT REMAINS ACCESSIBLE TO THE
DRIVER FOR AT LEAST ONE YEAR.
(d) AS SOON AS THE INFORMATION IS AVAILABLE TO A TNC, AND
BEFORE THE TNC OFFERS A CONSUMER THE OPTION TO TIP THE DRIVER, THE
TNC SHALL ELECTRONICALLY DISCLOSE TO THE CONSUMER ON A SINGLE
SCREEN ON THE DIGITAL PLATFORM:
(I) THE TOTAL AMOUNT OF MONEY THAT THE CONSUMER PAID OR WILL
PAY FOR THE TRANSPORTATION TASK, EXCLUDING ANY TIP; AND
(II) THE TOTAL AMOUNT OF MONEY THAT THE DRIVER RECEIVED OR
WILL RECEIVE FOR THE TRANSPORTATION TASK BEFORE ANY TIP IS ADDED,
EXCLUDING PASS-THROUGHS, IF ANY.
(e) THE INFORMATION DISCLOSED TO DRIVERS AND CONSUMERS
PURSUANT TO THIS SUBSECTION (6) MUST BE:
(I) PROMINENTLY DISPLAYED ON THE SINGLE SCREEN ON THE DIGITAL
PLATFORM OR IN THE E-MAIL;
(II) IN A FONT THAT IS AT LEAST ONE AND ONE-HALF TIMES LARGER
THAN THE FONT USED TO PRESENT ANY OTHER INFORMATION ON THE SCREEN OR
IN THE E-MAIL; AND
(III) PRESENTED USING DESIGN TECHNIQUES INTENDED TO DRAW THE
EYE TO THE INFORMATION.
(f) A TNC SHALL DISCLOSE TO EACH DRIVER WHO ACTIVATED THE
TNC'S DIGITAL PLATFORM DURING THE PREVIOUS MONTH VIA E-MAIL OR OTHER
MECHANISM THAT REMAINS ACCESSIBLE TO THE DRIVER FOR AT LEAST ONE
YEAR THE FOLLOWING INFORMATION REGARDING THE DRIVER FOR THE
PREVIOUS MONTH OR PREVIOUS REPORTING PERIOD IF THE TNC REGULARLY
PROVIDES THE DISCLOSURES REQUIRED UNDER THIS SUBSECTION (6)(f) MORE
FREQUENTLY THAN MONTHLY:
(I) DRIVER PAY BEFORE EXPENSES;
(II) DRIVER TIPS BEFORE EXPENSES;
(III) THE TOTAL TIME THAT THE DRIVER SPENT ON:
(A) AVAILABLE PLATFORM TIME;
(B) DISPATCH PLATFORM TIME; AND
(C) CONSUMER PLATFORM TIME;
(IV) THE TOTAL MILES THAT THE DRIVER DROVE DURING THE DRIVER'S:
(A) AVAILABLE PLATFORM TIME;
(B) DISPATCH PLATFORM TIME; AND
(C) CONSUMER PLATFORM TIME; AND
(V) THE TOTAL AMOUNT THE DRIVER MAY BE ENTITLED TO DEDUCT
FROM INCOME CALCULATED USING THE IRS BUSINESS MILEAGE DEDUCTION
RATE FOR ALL MILES KNOWN TO THE TNC TO HAVE BEEN DRIVEN DURING THE
DRIVER'S:
(A) AVAILABLE PLATFORM TIME;
(B) DISPATCH PLATFORM TIME; AND
(C) CONSUMER PLATFORM TIME.
(7) Driver acceptance or rejection of a transportation task. A
TRANSPORTATION NETWORK COMPANY SHALL NOT SUSPEND, DEACTIVATE, OR
RETALIATE AGAINST A DRIVER BASED ON THE DRIVER'S LAWFUL ACCEPTANCE
OR REJECTION OF ONE OR MORE TRANSPORTATION TASKS, INCLUDING BY
HAMPERING DRIVER ACCESS TO:
(a) DRIVER SUPPORT;
(b) RIDE OFFERS; OR
(c) DESTINATION OR AREA PREFERENCES.
(8) Penalties, fines, and enforcement. (a) IF A TRANSPORTATION
NETWORK COMPANY VIOLATES THIS SECTION, THE TNC MAY BE SUBJECT TO:
(I) MONETARY DAMAGES IN THE AMOUNT OF ONE THOUSAND DOLLARS,
AS DETERMINED BY THE DIRECTOR OR BY A COURT IN A CIVIL ACTION BROUGHT
PURSUANT TO SUBSECTION (8)(d) OF THIS SECTION, ON A PER-CONSUMER OR
PER-DRIVER BASIS, WHICH AMOUNT THE TNC SHALL PAY TO THE CONSUMER OR
DRIVER AFFECTED BY THE VIOLATION;
(II) A FINE OF ONE HUNDRED DOLLARS PER VIOLATION, AS DETERMINED
BY THE DIRECTOR ON A PER-CONSUMER OR PER-DRIVER BASIS, WHICH AMOUNT
THE TNC SHALL PAY TO THE DIVISION. THE DIVISION SHALL TRANSMIT ALL
CIVIL FINES COLLECTED PURSUANT TO THIS SUBSECTION (8)(a)(II) TO THE STATE
TREASURER, WHO SHALL CREDIT THE MONEY TO THE GENERAL FUND.
(III) INJUNCTIVE RELIEF PURSUANT TO SUBSECTION (8)(d)(II) OF THIS
SECTION.
(b) THE DIVISION MAY INVESTIGATE ALLEGED VIOLATIONS IN RESPONSE
TO COMPLAINTS FILED OR AT THE DIVISION'S DISCRETION.
(c) THE DIRECTOR SHALL ESTABLISH PROCEDURES FOR DRIVERS AND
CONSUMERS TO SUBMIT COMPLAINTS TO THE DIVISION AND FOR THE DIVISION'S
INVESTIGATIONS, HEARINGS, AND IMPOSITION OF FINES PURSUANT TO THIS
SUBSECTION (8).
(d) (I) A PERSON AGGRIEVED BY A TNC'S VIOLATION OF THIS SECTION
MAY FILE A CIVIL ACTION AGAINST THE TNC IN THE DISTRICT COURT WHERE:
(A) THE PERSON RESIDES;
(B) THE VIOLATION OCCURRED; OR
(C) THE TNC HAS A PHYSICAL PLACE OF BUSINESS IN THE STATE.
(II) (A) THE PERSON FILING THE CIVIL ACTION MAY SEEK INJUNCTIVE
RELIEF FROM THE DISTRICT COURT TO COMPEL THE TNC TO COMPLY WITH THIS
SECTION OR MAY SEEK MONETARY DAMAGES AS SPECIFIED IN SUBSECTION
(8)(a)(I) OF THIS SECTION AND ANY ACTUAL DAMAGES SUSTAINED.
(B) IF A PERSON PREVAILS ON ANY CLAIM RAISED IN A CIVIL ACTION
BROUGHT AGAINST A TNC UNDER THIS SUBSECTION (8)(d), THE PERSON IS
ENTITLED TO RECOVER COSTS AND REASONABLE ATTORNEY FEES.
(9) Rules. THE DIRECTOR MAY ADOPT RULES AS NECESSARY TO
IMPLEMENT THIS SECTION.
(10) Public utilities commission's authority over TNCs. NOTHING IN
THIS SECTION NEGATES, LIMITS, ALTERS, OR DISPLACES THE COMMISSION'S
AUTHORITY TO REGULATE TRANSPORTATION NETWORK COMPANIES PURSUANT
TO PART 6 OF ARTICLE 10.1 OF TITLE 40 OR PREVENTS A DRIVER OR CONSUMER
FROM SEEKING ENFORCEMENT BY THE COMMISSION AGAINST AN ALLEGED
VIOLATOR OR A REMEDY FOR A VIOLATION OF PART 6 OF ARTICLE 10.1 OF TITLE
40.
SECTION 2. Act subject to petition - effective date. This act takes
effect at 12:01 a.m. on the day following the expiration of the ninety-day period
after final adjournment of the general assembly; 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 such period, 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 2024 and, in such case, will take
effect on the date of the official declaration of the vote thereon by the
governor.".
Page 1, line 104, after "DEACTIVATION" insert "AND SUSPENSION".
Senate Journal, April 23
After consideration on the merits, the Committee recommends that SB24-075 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend the Business, Labor, and Technology Committee Report, dated
February 20, 2024, page 2, after line 24 insert:
"(j) (I) "DRIVER SUPPORT ORGANIZATION" OR "ORGANIZATION" MEANS
A MEMBERSHIP-BASED AND MEMBER-LED NONPROFIT OR LABOR ORGANIZATION:
(A) WITH A PRINCIPAL PURPOSE TO SUPPORT DRIVERS AND THAT HAS
CONSISTENTLY OPERATED IN COLORADO FOR AT LEAST FOUR YEARS WITH THAT
PURPOSE;
(B) THAT IS NOT FUNDED, DIRECTLY OR INDIRECTLY, EXCESSIVELY
INFLUENCED, OR CONTROLLED BY A TNC; AND
(C) THAT IS NOT AFFILIATED WITH ANY OTHER ENTITY THAT IS FUNDED,
DIRECTLY OR INDIRECTLY, EXCESSIVELY INFLUENCED, OR CONTROLLED BY A
TNC.
(II) AS USED IN THIS SUBSECTION (1)(j):
(A) "EXCESSIVE INFLUENCE" INCLUDES RECEIVING THE IDENTITIES OR
CONTACT INFORMATION OF DRIVERS FROM A TNC.
(B) "FUNDED, DIRECTLY OR INDIRECTLY" DOES NOT INCLUDE RECEIVING
FUNDS PURSUANT TO SUBSECTION (6) OF THIS SECTION OR A DUES DEDUCTION
AS DESCRIBED IN SUBSECTION (7) OF THIS SECTION.".
Reletter succeeding paragraphs accordingly.
Page 3, line 12, strike "A STATE" and substitute "THE STATE".
Page 3, strike line 19 and substitute "FORTH IN SUBSECTIONS (1)(q)(I) AND
(1)(q)(II) OF THIS SECTION AND".
Page 4, line 23, strike "DESCRIBE" and substitute "CONSISTENT WITH
SUBSECTION (5) OF THIS SECTION, DESCRIBE".
Page 4, line 24, after "DECISION" insert "CONSISTENT WITH THE REQUIREMENTS
OF SUBSECTION (4) OF THIS SECTION".
Page 5, after line 15 insert:
"(4) Deactivation - notice. (a) WITHIN TWENTY-FOUR HOURS AFTER
A TNC SUSPENDS A DRIVER, THE TNC SHALL PROVIDE A WRITTEN DISCLOSURE
TO THE DRIVER IN THE DEFAULT LANGUAGE THAT THE DRIVER HAS SELECTED IN
THE TNC'S DIGITAL PLATFORM. THE WRITTEN DISCLOSURE MUST DESCRIBE THE
BASIS FOR THE SUSPENSION AND PROVIDE:
(I) SUFFICIENT INFORMATION FOR THE DRIVER TO REASONABLY
UNDERSTAND THE REASONS FOR THE SUSPENSION; AND
(II) A DESCRIPTION OF THE STEPS THAT THE DRIVER MAY TAKE, IF ANY,
TO REMEDY THE ALLEGED VIOLATION OF THE TNC'S DEACTIVATION AND
SUSPENSION POLICY.
(b) WITHIN TWENTY-FOUR HOURS AFTER A TNC DEACTIVATES A
DRIVER, THE TNC SHALL PROVIDE A WRITTEN DISCLOSURE TO THE DRIVER IN
THE DEFAULT LANGUAGE THAT THE DRIVER HAS SELECTED IN THE TNC'S
DIGITAL PLATFORM. THE WRITTEN DISCLOSURE MUST DESCRIBE THE BASIS FOR
THE DEACTIVATION AND PROVIDE:
(I) SUFFICIENT INFORMATION FOR THE DRIVER TO REASONABLY
UNDERSTAND THE REASONS FOR THE DEACTIVATION;
(II) A DESCRIPTION OF THE STEPS THAT THE DRIVER MAY TAKE, IF ANY,
TO REMEDY THE ALLEGED VIOLATION OF THE TNC'S DEACTIVATION AND
SUSPENSION POLICY;
(III) A STATEMENT OF THE DRIVER'S RIGHT TO CHALLENGE THE
DEACTIVATION THROUGH THE TNC'S INTERNAL DEACTIVATION REVIEW PROCESS
OUTLINED IN SUBSECTION (5)(a) OF THIS SECTION AND A LINK TO A DESCRIPTION
OF THAT INTERNAL PROCESS; AND
(IV) THE AVAILABILITY OF DRIVER SUPPORT SERVICES AT THE DRIVER
SUPPORT ORGANIZATION CERTIFIED PURSUANT TO SUBSECTION (6)(a) OF THIS
SECTION, A NOTICE THAT THE CERTIFIED DRIVER SUPPORT ORGANIZATION IS
INDEPENDENT OF ANY TNC, AND CONTACT INFORMATION FOR THE CERTIFIED
DRIVER SUPPORT ORGANIZATION.
(c) A TNC SHALL SEND THE DISCLOSURES REQUIRED IN ACCORDANCE
WITH THIS SUBSECTION (4) TO A DRIVER THROUGH THE TNC'S DIGITAL
PLATFORM AND VIA E-MAIL OR OTHER MECHANISM THAT REMAINS ACCESSIBLE
TO THE DRIVER FOR AT LEAST ONE YEAR.
(5) Deactivation - internal process - reconsideration - investigations
- reports. (a) A DRIVER WHO HAS BEEN DEACTIVATED MAY, WITHIN THIRTY
CALENDAR DAYS AFTER RECEIVING A WRITTEN NOTICE OF DEACTIVATION
PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION, CHALLENGE THE
DEACTIVATION WITH THE TNC PURSUANT TO THE TNC'S INTERNAL
DEACTIVATION REVIEW PROCESS.
(b) A TNC SHALL CONDUCT AN INTERNAL DEACTIVATION
RECONSIDERATION OF A CHALLENGED DEACTIVATION WITHIN FOURTEEN
CALENDAR DAYS AFTER THE DRIVER MAKES THE WRITTEN REQUEST FOR
DEACTIVATION RECONSIDERATION; EXCEPT THAT THE TNC MAY NOTIFY THE
DRIVER IN WRITING OF A CONTINUANCE OF THE DEACTIVATION
RECONSIDERATION IF THE DRIVER HAS NOT PROVIDED SUFFICIENT EVIDENCE OR
DOCUMENTATION FOR CONSIDERATION BY THE TNC OR IF CIRCUMSTANCES
OUTSIDE OF THE TNC'S CONTROL REQUIRE ADDITIONAL TIME TO RECONSIDER
THE CHALLENGED DEACTIVATION.
(c) A TNC'S INTERNAL DEACTIVATION REVIEW MUST:
(I) REQUIRE CONSIDERATION OF ALL RELEVANT, AVAILABLE
INFORMATION;
(II) BE CONDUCTED IN GOOD FAITH; AND
(III) APPLY EVENHANDEDLY THE TNC'S DEACTIVATION POLICY,
CONSISTENT WITH THE TNC'S INTEREST IN SAFE AND EFFICIENT OPERATIONS.
(d) THE TNC'S RESOLUTION OF A DRIVER'S CHALLENGE TO A
DEACTIVATION MUST INCLUDE A WRITTEN STATEMENT THAT THE TNC SENDS
THE DRIVER THROUGH THE TNC'S DIGITAL PLATFORM AND VIA E-MAIL OR
OTHER MECHANISM THAT THE TNC REASONABLY EXPECTS WILL REMAIN
ACCESSIBLE TO THE DRIVER FOR AT LEAST ONE YEAR. THE WRITTEN STATEMENT
MUST INCLUDE:
(I) A DETERMINATION AFFIRMING DEACTIVATION AND INCLUDING:
(A) A SUMMARY OF THE REASONS FOR THE DEACTIVATION;
(B) A DESCRIPTION OF THE STEPS THE DRIVER MAY TAKE, IF ANY, TO
REMEDY THE ALLEGED VIOLATION; AND
(C) INFORMATION ABOUT THE DRIVER'S RIGHT TO SEEK SERVICES FROM
THE DRIVER SUPPORT ORGANIZATION CERTIFIED PURSUANT TO SUBSECTION
(6)(a) OF THIS SECTION AND SPECIFIC INSTRUCTIONS ON HOW TO CONTACT THE
CERTIFIED DRIVER SUPPORT ORGANIZATION, INCLUDING E-MAIL AND TELEPHONE
CONTACT INFORMATION; OR
(II) A DETERMINATION THAT THE DRIVER DID NOT VIOLATE THE TNC'S
DEACTIVATION AND SUSPENSION POLICY OR THAT THE DRIVER REMEDIED ANY
VIOLATION OF THE POLICY, WHICH DETERMINATION MUST BE ACCOMPANIED BY
REACTIVATION OF THE DRIVER'S ACCOUNT WITHIN TWENTY-FOUR HOURS AFTER
THE DETERMINATION IS MADE.
(6) Driver support organization - application - certification - budget
- TNC payments - division oversight - rules. (a) Certification of driver
support organizations and quarterly budgets. (I) BEGINNING JANUARY 1,
2025, UNTIL MARCH 31, 2025, THE DIVISION SHALL ACCEPT APPLICATIONS FOR
CERTIFICATION FROM ELIGIBLE DRIVER SUPPORT ORGANIZATIONS AND SHALL
CERTIFY A SINGLE DRIVER SUPPORT ORGANIZATION FOR THE THREE-YEAR
PERIOD BEGINNING OCTOBER 1, 2025, THROUGH SEPTEMBER 30, 2028. THE
DIVISION SHALL CERTIFY A SINGLE DRIVER SUPPORT ORGANIZATION FOR EACH
SUBSEQUENT THREE-YEAR PERIOD AND SHALL BEGIN ACCEPTING APPLICATIONS
FOR THE SECOND THREE-YEAR PERIOD IN JANUARY 2028.
(II) (A) A DRIVER SUPPORT ORGANIZATION APPLYING FOR
CERTIFICATION FROM THE DIVISION SHALL SUBMIT FOR REVIEW BY THE DIVISION
A PROPOSED ANNUAL BUDGET. THE DRIVER SUPPORT ORGANIZATION CERTIFIED
BY THE DIVISION SHALL ALSO SUBMIT FOR REVIEW BY THE DIVISION A PROPOSED
ANNUAL BUDGET FOR EACH YEAR OF THE ORGANIZATION'S THREE-YEAR
CERTIFICATION CYCLE.
(B) A DRIVER SUPPORT ORGANIZATION'S PROPOSED ANNUAL BUDGET
SUBMITTED PURSUANT TO SUBSECTION (6)(a)(II)(A) OF THIS SECTION MAY BE
USED ONLY FOR EDUCATING TNC DRIVERS AND SUPPORTING DRIVERS
REGARDING DEACTIVATIONS IN ACCORDANCE WITH SUCH ORGANIZATION'S
AUTHORITY AND RESPONSIBILITIES SET FORTH IN SUBSECTION (6)(b) OF THIS
SECTION.
(C) A DRIVER SUPPORT ORGANIZATION'S PROPOSED TOTAL ANNUAL
BUDGET MUST NOT EXCEED SEVEN CENTS PER TRANSPORTATION TASK BASED ON
THE PREVIOUS YEAR'S TOTAL TRANSPORTATION TASKS FOR ALL TNCS
OPERATING IN THE STATE, AS ADJUSTED FOR INFLATION BY THE DIRECTOR.
(III) IN CONSIDERING WHETHER AN ORGANIZATION IS A DRIVER SUPPORT
ORGANIZATION AS DEFINED IN SUBSECTION (1)(j) OF THIS SECTION, WHETHER
THE ORGANIZATION QUALIFIES FOR CERTIFICATION, AND WHETHER TO APPROVE
THE ORGANIZATION'S PROPOSED ANNUAL BUDGET, THE DIVISION:
(A) SHALL CONSIDER EVIDENCE SUBMITTED BY THE ORGANIZATION AND
ANY EVIDENCE SUBMITTED BY THE PUBLIC, INCLUDING ANY EVIDENCE
SUBMITTED BY OTHER DRIVER SUPPORT ORGANIZATIONS; AND
(B) MAY REQUEST FROM THE ORGANIZATION OR FROM ANY TNC THE
NUMBER OF DRIVERS THAT THE ORGANIZATION SERVED IN THE STATE IN THE
PREVIOUS YEAR AND WHETHER THE DRIVER SUPPORT ORGANIZATION HAS,
DIRECTLY OR INDIRECTLY, RECEIVED SUPPORT FROM A TNC.
(IV) THE DIVISION MAY APPROVE, REJECT, OR REQUIRE REVISION AND
RESUBMISSION OF AN APPLICATION FOR CERTIFICATION OR APPROVAL OF A
PROPOSED ANNUAL BUDGET.
(V) THE DIVISION SHALL POST EACH DRIVER SUPPORT ORGANIZATION'S
CERTIFICATION APPLICATION AND PROPOSED ANNUAL BUDGET ON THE
DIVISION'S WEBSITE. THE DIVISION SHALL NOT CERTIFY AN ORGANIZATION OR
APPROVE A PROPOSED ANNUAL BUDGET UNTIL AT LEAST THIRTY DAYS AFTER
THE DIVISION HAS POSTED THE APPLICATION OR PROPOSED BUDGET.
(VI) IN CONSIDERING A DRIVER SUPPORT ORGANIZATION'S PROPOSED
BUDGET SUBMITTED PURSUANT TO SUBSECTION (6)(a)(II)(A) OF THIS SECTION,
THE DIVISION SHALL CONSIDER THE ORGANIZATION'S RECORD OF SERVING
DEACTIVATED DRIVERS. UPON APPROVING THE CERTIFIED DRIVER SUPPORT
ORGANIZATION'S PROPOSED ANNUAL BUDGET, THE DIVISION SHALL DIRECT EACH
TNC TO REMIT A QUARTERLY SHARE OF THE CERTIFIED DRIVER SUPPORT
ORGANIZATION'S APPROVED ANNUAL BUDGET TO THE CERTIFIED DRIVER
SUPPORT ORGANIZATION WITHIN FIFTEEN DAYS AFTER THE END OF EACH
CALENDAR QUARTER.
(VII) THE CERTIFIED DRIVER SUPPORT ORGANIZATION'S ANNUAL
BUDGET MAY INCREASE DURING THE COURSE OF THE ORGANIZATION'S
THREE-YEAR CERTIFICATION PERIOD BASED ON INCREASES IN TRANSPORTATION
TASKS AND THE EXTENT OF SERVICES THAT THE DRIVER SUPPORT ORGANIZATION
PROVIDED TO DRIVERS SERVED BY THE DRIVER SUPPORT ORGANIZATION.
(VIII) EACH TNC SHALL PROVIDE TO THE DIVISION THE TOTAL NUMBER
OF ANNUAL TRANSPORTATION TASKS BEGINNING IN THE STATE IN THE
PRECEDING YEAR WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION AND BY JANUARY 15 IN EACH FOLLOWING YEAR.
(IX) EVERY SIX MONTHS DURING A DRIVER SUPPORT ORGANIZATION'S
CERTIFICATION PERIOD, THE ORGANIZATION SHALL CERTIFY TO THE DIVISION
THAT THE ORGANIZATION CONTINUES TO COMPLY WITH THE REQUIREMENTS OF
THIS SECTION. TO DEMONSTRATE ITS CONTINUED COMPLIANCE, THE
ORGANIZATION SHALL SUBMIT TO THE DIVISION DOCUMENTATION AND
INFORMATION REGARDING THE NUMBER OF DRIVERS THAT THE ORGANIZATION
SERVES AND THE EXTENT OF ITS SERVICES. THE ORGANIZATION SHALL NOT
SUBMIT TO THE DIVISION A LIST OF MEMBERS OR DRIVERS SERVED.
(X) THE DIVISION MAY REVOKE A DRIVER SUPPORT ORGANIZATION'S
CERTIFICATION OR ALTER OR REVOKE THE DIVISION'S APPROVAL OF THE
CERTIFIED ORGANIZATION'S BUDGET AT ANY TIME IF CLEAR AND CONVINCING
EVIDENCE DEMONSTRATES THAT THE ORGANIZATION:
(A) IS MISALLOCATING MONEY IT HAS RECEIVED FROM A TNC
PURSUANT TO SUBSECTION (6)(a)(VI) OF THIS SECTION; OR
(B) NO LONGER QUALIFIES ASA DRIVER SUPPORT ORGANIZATION.
(XI) IF A TNC ELECTS TO DESCRIBE THE PER-TRIP AMOUNT ALLOCATED
TO THE DRIVER SUPPORT ORGANIZATION ANNUAL BUDGET ON A CONSUMER
RECEIPT, THE TNC MAY ONLY INDICATE THAT THE DEDUCTION WILL BE USED IN
PART TO SUPPORT THE STATE'S CERTIFIED DRIVER SUPPORT ORGANIZATION.
(XII) FOLLOWING THE COMPLETION OF EACH THREE-YEAR
CERTIFICATION PERIOD, THE DIVISION MAY INCREASE THE PER-TRIP FEE THAT A
TNC IS REQUIRED TO PAY PURSUANT TO SUBSECTION (6)(a)(VI)(A) OF THIS
SECTION IF THE DIVISION DETERMINES THAT THE INCREASE IS NECESSARY TO
COVER THE CERTIFIED DRIVER SUPPORT ORGANIZATION'S COSTS AND THE
INCREASE DOES NOT EXCEED THE RATE OF INFLATION DURING THE PREVIOUS
THREE-YEAR CERTIFICATION PERIOD.
(b) Certified driver support organization - TNC notice to drivers
- organization responsibilities. (I) ON OR BEFORE OCTOBER 30, 2025, EACH
TNC SHALL PROVIDE NOTICE TO EACH DRIVER IN THE STATE THE NAME OF THE
DRIVER SUPPORT ORGANIZATION CERTIFIED PURSUANT TO SUBSECTION (6)(a) OF
THIS SECTION. AS PART OF THE NOTICE, THE TNC SHALL ALSO INFORM DRIVERS:
(A) THAT THE ORGANIZATION HAS BEEN CERTIFIED AS A DRIVER
SUPPORT ORGANIZATION AND HAS MET CERTAIN CRITERIA AS APPROVED BY THE
DIVISION;
(B) THAT THE ORGANIZATION IS APPROVED BY THE STATE TO
REPRESENT DRIVERS IN THE DEACTIVATION PROCESS AND EDUCATE DRIVERS,
BUT THAT A DRIVER IS NOT REQUIRED TO AUTHORIZE THE ORGANIZATION TO
REPRESENT THE DRIVER; AND
(C) OF THE ORGANIZATION'S CONTACT INFORMATION, INCLUDING
PHONE NUMBER, E-MAIL ADDRESS, WEB ADDRESS, AND PHYSICAL ADDRESS.
(II) ON AND AFTER OCTOBER 31, 2025, EACH TNC SHALL PROVIDE THE
NOTICE DESCRIBED IN SUBSECTION (6)(b)(I) OF THIS SECTION TO:
(A) EACH NEW DRIVER BEFORE THE DRIVER ENGAGES IN A
TRANSPORTATION TASK FOR THE TNC; AND
(B) ANY DRIVER UPON BEING SUSPENDED OR DEACTIVATED.
(III) PURSUANT TO A WRITTEN AUTHORIZATION FROM A DRIVER WHO
HAS BEEN DEACTIVATED, THE CERTIFIED DRIVER SUPPORT ORGANIZATION MAY
REPRESENT OR SUPPORT THE DRIVER THROUGH THE PROCEDURES MADE
AVAILABLE TO THE DEACTIVATED DRIVER THROUGH THE DRIVER'S CONTRACT
WITH THE TNC OR OTHERWISE MADE AVAILABLE UNDER THE LAW. AN
EMPLOYEE OF THE ORGANIZATION MAY PROVIDE SUCH REPRESENTATION OR
SUPPORT TO A DRIVER REGARDLESS OF WHETHER THE EMPLOYEE IS AUTHORIZED
TO PRACTICE LAW IN THE STATE.
(IV) (A) THE CERTIFIED DRIVER SUPPORT ORGANIZATION IS REQUIRED
TO PROVIDE REASONABLE AND FAIR REPRESENTATION TO DRIVERS BASED ON
THE ORGANIZATION'S APPROVED ANNUAL BUDGET AND ITS REASONABLE
ASSESSMENT OF EACH DRIVER'S CASE.
(B) THE ORGANIZATION SHALL NOT DENY REASONABLE
REPRESENTATION TO ANY DRIVER IN ANY MANNER THAT IS ARBITRARY,
DISCRIMINATORY, OR IN BAD FAITH.
(C) THE ORGANIZATION SHALL NOT ADVANCE FILING FEES TO DRIVERS
IN ANY DISPUTE RELATED TO A DEACTIVATION RECONSIDERATION OR AN APPEAL
OR ACTION ARISING FROM A DEACTIVATION.
(D) IN DISPUTES RELATED TO A DEACTIVATION RECONSIDERATION OR
AN APPEAL OR ACTION ARISING FROM A DEACTIVATION, PREVAILING DRIVERS
ARE ENTITLED TO RECOVER FILING FEES.
(c) Division rules. THE DIVISION MAY ADOPT RULES TO INTERPRET AND
IMPLEMENT THIS SUBSECTION (6) AND TO ENSURE TNCS' AND DRIVER SUPPORT
ORGANIZATIONS' COMPLIANCE WITH THIS SUBSECTION (6).
(7) (a) Driver support organization - voluntary dues deduction. ON
OR BEFORE SEPTEMBER 1, 2025, A TNC SHALL PROVIDE A DRIVER AN
OPPORTUNITY TO MAKE A VOLUNTARY, PER-TRIP DEDUCTION ON THE DRIVER'S
EARNINGS TO CONTRIBUTE TO THE CERTIFIED DRIVER SUPPORT ORGANIZATION
IN AN AMOUNT BETWEEN ONE AND ONE HALF PERCENT OR THREE PERCENT PER
RIDE IF:
(I) THE ORGANIZATION IS IN GOOD STANDING;
(II) ONE HUNDRED OR MORE DRIVERS ON A TNC'S DIGITAL PLATFORM
HAVE AUTHORIZED SUCH DEDUCTION AND CONTRIBUTION TO A SPECIFIC DRIVER
SUPPORT ORGANIZATION; AND
(III) THE DRIVER HAS EXPRESSLY AUTHORIZED THE DEDUCTION IN
WRITING, WHICH WRITTEN AUTHORIZATION MUST INCLUDE, AT A MINIMUM,
SUFFICIENT INFORMATION TO IDENTIFY THE DRIVER AND THE DRIVER'S DESIRED
PER-TRIP DEDUCTION PERCENTAGE.
(b) THE TNC MAY REQUIRE A DRIVER'S WRITTEN AUTHORIZATION
PROVIDED PURSUANT TO SUBSECTION (7)(a)(III) OF THIS SECTION TO BE
SUBMITTED BY THE DRIVER SUPPORT ORGANIZATION IN AN ELECTRONIC
FORMAT.
(c) A TNC SHALL MAKE THE FIRST AUTHORIZED DEDUCTIONS FROM A
DRIVER'S EARNINGS WITHIN THIRTY DAYS AFTER RECEIVING A DRIVER'S WRITTEN
AUTHORIZATION AND SHALL REMIT THE AMOUNTS DEDUCTED TO THE DRIVER
SUPPORT ORGANIZATION ON A MONTHLY BASIS AND NO LATER THAN
TWENTY-EIGHT DAYS AFTER THE END OF THE PREVIOUS MONTH.
(d) A DRIVER'S WRITTEN AUTHORIZATION REMAINS IN EFFECT UNTIL THE
DRIVER PROVIDES AN EXPRESS REVOCATION TO THE TNC.
(e) A TNC SHALL RELY ON INFORMATION THAT THE DRIVER SUPPORT
ORGANIZATION PROVIDES THE TNC REGARDING A DRIVER'S WRITTEN
AUTHORIZATION AND EXPRESS REVOCATION.
(f) UPON REQUEST BY A TNC, THE DRIVER SUPPORT ORGANIZATION
SHALL REIMBURSE THE TNC FOR THE TNC'S COSTS ASSOCIATED WITH
ADMINISTERING THE DEDUCTIONS AND REMITTANCE TO THE DRIVER SUPPORT
ORGANIZATION.
(g) A DRIVER SUPPORT ORGANIZATION SHALL NOT REPRESENT OR IMPLY
THAT THE EARNINGS DEDUCTIONS AUTHORIZED IN THIS SUBSECTION (7) ARE
MANDATORY OR PROVIDE DIFFERING LEVELS OF SUPPORT FOR ANY
DEACTIVATION IN ACCORDANCE WITH SUBSECTION (6)(b) OF THIS SECTION
BASED ON WHETHER A DRIVER HAS OPTED INTO VOLUNTARY DEDUCTIONS
PURSUANT TO THIS SUBSECTION (7).
(8) Dispute resolution - rights. IN ADDITION TO ANY OTHER
CONSTRAINTS IMPOSED BY LAW, A TNC SHALL NOT INCLUDE IN ANY CONTRACT
WITH A DRIVER IN RELATION TO ANY DEACTIVATION RECONSIDERATION OR
APPEAL OR ACTION ARISING FROM A DEACTIVATION:
(a) A REQUIREMENT THAT DISPUTES BETWEEN THE DRIVER AND THE
TNC BE ADJUDICATED OUT OF STATE; EXCEPT THAT THE TNC MAY CONDUCT
ITS INTERNAL DEACTIVATION CHALLENGE PROCESS ESTABLISHED PURSUANT TO
SUBSECTION (5)(a) OF THIS SECTION THROUGH CORRESPONDENCE WITH
OUT-OF-STATE TNC REPRESENTATIVES SO LONG AS THE DRIVER IS NOT
REQUIRED TO TRAVEL TO COMPLETE THE PROCESS;
(b) A WAIVER OF RIGHTS GRANTED THROUGH FEDERAL, STATE, OR
LOCAL LAW, EXCEPT WITH RESPECT TO A WAIVER OF THE RIGHT TO A JURY TRIAL
THROUGH AN ARBITRATION PROVISION;
(c) A REQUIREMENT THAT THE DRIVER PAY ANY FEE EXCEEDING THE
AMOUNT THAT THE DRIVER WOULD HAVE HAD TO PAY IF BRINGING THE SAME
ACTION IN FEDERAL DISTRICT COURT IN THE STATE, INCLUDING ANY FEE
REDUCTION THAT THE DRIVER WOULD HAVE BEEN ELIGIBLE FOR IN FEDERAL
DISTRICT COURT IN THE STATE BASED ON A DETERMINATION THAT THE DRIVER
IS INDIGENT;
(d) A REQUIREMENT THAT THE DRIVER PAY THE TNC'S COSTS OR
ATTORNEY FEES; OR
(e) A REQUIREMENT THAT THE DISPUTE BE ADJUDICATED, ARBITRATED,
OR RESOLVED BY ANY PERSON OR ORGANIZATION THAT IS NOT A NEUTRAL THIRD
PARTY.".
Renumber succeeding subsections accordingly.
Page 5, line 27, strike "(4)(a) OR (4)(b)" and substitute "(9)(a) OR (9)(b)".
Page 5, strike lines 31 and 32 and substitute:
"(d) (I) FOR A SAMPLE SIZE OF ONE THOUSANDTH OF THE
TRANSPORTATION TASKS FOR WHICH A TNC DISPATCHES A DRIVER, OR AN
AMOUNT LESS AS AUTHORIZED BY THE DIRECTOR BY RULE, AND PURSUANT TO
A REPRESENTATIVE AND REPRODUCIBLE SAMPLING METHODOLOGY DETERMINED
AND DESIGNED BY THE DIRECTOR AND IN CONSULTATION WITH THE TNCS:".
Page 5, line 33, strike "(I)" and substitute "(A)".
Page 5, line 35, strike "(II)" and substitute "(B)".
Page 5, line 36, strike "(III)" and substitute "(C)".
Page 5, line 38, strike "(IV)" and substitute "(D)".
Page 5, line 40, strike "(V)" and substitute "(E)".
Page 5, line 42, strike "(VI)" and substitute "(F)".
Page 5, line 43, strike "(VII)" and substitute "(G)".
Page 6, line 3, strike "(VIII)" and substitute "(H)".
Page 6, line 5, strike "(IX)" and substitute "(I)".
Page 6, line 6, strike "(X)" and substitute "(J)".
Page 6, line 9, strike "(XI)" and substitute "(K)".
Page 6, line 12, strike "TASK; AND" and substitute "TASK.".
Page 6, after line 12 insert:
"(II) TO ENSURE THE RELIABILITY OF A TNC'S SAMPLING PROCESS USED
PURSUANT TO THIS SUBSECTION (9)(d) AND THE TNC'S COMPLIANCE WITH THE
SAMPLING PROCESS, THE DIRECTOR MAY AUDIT THE TNC'S SAMPLING PROCESS
BY REQUIRING THE TNC TO PROVIDE THE DIRECTOR THE TOTAL NUMBER OF
DISPATCHED TRANSPORTATION TASKS MADE DURING THE RELEVANT
SEMIANNUAL PERIOD.".
Page 6, line 33, strike "(4)(e)(IV)(A) TO (4)(e)(IV)(C)" and substitute
"(9)(e)(IV)(A) TO (9)(e)(IV)(C)".
Page 6, line 39, strike "(4)" and substitute "(9)".
Page 7, strike line 13 and substitute "OFF, WHEN AVAILABLE.".
Page 7, line 36, strike "(6)(b)" and substitute "(11)(b)".
Page 8, line 6, strike "(6)" and substitute "(11)".
Page 8, line 20, strike "(6)(f)" and substitute "(11)(f)".
Page 8, line 39, strike "A" and substitute "ON AND AFTER FEBRUARY 1, 2025,
A".
Page 8, lines 42 and 43, strike "TASKS, INCLUDING" and substitute "TASKS".
Page 9, line 9, strike "(8)(d)" and substitute "(13)(d)".
Page 9, line 16, strike "(8)(a)(II)" and substitute "(13)(d)(II)".
Page 9, line 18, strike "(8)(d)(II)" and substitute "(13)(d)(II)".
Page 9, line 25, strike "(8)." and substitute "(13).".
Page 9, line 35, strike "(8)(a)(I)" and substitute "(13)(a)(I)".
Page 9, line 38, strike "(8)(d)," and substitute "(13)(d),".
Page 10, after line 6 insert:
"SECTION 2. Appropriation. For the 2024-25 state fiscal year,
$164,741 is appropriated to the department of labor and employment for use by
the division of labor standards and statistics. This appropriation is from the
general fund and is based on an assumption that the division will require an
additional 1.5 FTE. To implement this act, the division may use this
appropriation for program costs related to labor standards.".
Renumber succeeding section accordingly.
Amend printed bill, page 1, line 105, strike "PROCEDURES." and substitute
"PROCEDURES AND MAKING AN APPROPRIATION.".
Appro-
priations
Senate Journal, April 25
SB24-075 by Senator(s) Priola and Rodriguez; also Representative(s) Bacon--Concerning
requirements for transportation network companies, and, in connection therewith, requiring
transportation network companies to comply with transparency requirements and
deactivation procedures.
Amendment No. 1, Business, Labor & Technology Committee Amendment.
(Printed in Senate Journal, February 21, page(s) 267-273 and placed in members' bill
files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 23, page(s) 998-1004 and placed in members' bill files.)
Amendment No. 3(L.003), by Senator Priola and Rodriguez.
Amend the Appropriations Committee Report, dated April 23, 2024, page 10,
strike line 2 and substitute:
"Amend the Business, Labor, and Technology Committee Report, dated
February 20, 2024, page 8, strike line 6 and substitute "PURSUANT TO
SUBSECTIONS (11)(b) TO (11)(d) OF THIS SECTION MUST BE:".
Page 8 of the Business, Labor, and Technology Committee Report, line 9, strike
"AT LEAST ONE AND ONE-HALF TIMES".".
Amendment No. 4(L.004), by Senator Priola.
Amend the Appropriations Committee Report, dated April 23, 2024, page 6,
line 6, strike "FEE" and substitute "AMOUNT".
Page 6, line 8, strike "(6)(a)(VI)(A)" and substitute "(6)(a)(II)(C)".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.