Colo. Rev. Stat. § 8-4-122, Limitation of actions

All actions brought pursuant to this article shall be commenced within two years after the cause of action accrues and not after that time; except that all actions brought for a willful violation of this article shall be commenced within three years after the cause of action accrues and not after that time.

Source: L. 2003: Entire article amended with relocations, p. 1862, � 1, effective August 6.

Editor's note: This section is similar to former � 8-4-126 as it existed prior to 2003, and the former � 8-4-122 was relocated to � 8-4-119.

8-4-123. Termination of occupancy pursuant to contract of employment - legislative declaration. (1) The general assembly hereby finds, determines, and declares that many businesses, such as nursing homes or building management companies, either desire or are required by law to have staff on premises at all times. As part of the compensation for such employees, many employers offer housing to employees. However, once that employment relationship ceases, it may become undesirable for such employees to occupy the premises for many reasons, including the safety of the employer's patients, clients, customers, or tenants. Under traditional landlord and tenant law, such employees may have established the technical or legal right to occupy the premises for a fixed term that continues far beyond the cessation of the employment relationship. However, in employment situations, such occupancy is not a tenancy, but a license to occupy the premises pursuant to an employment relationship. The occupancy of the premises by the employee is not entered into by the employer for the purpose of providing housing, but merely as a means to provide services to the employer's patients, clients, customers, or tenants. In certain cases, it may be necessary to curtail the occupancy of former employees in order to protect the rights or safety of an employer's tenants or patients.

(2) (a) Pursuant to a written agreement meeting the requirements of paragraph (b) of this subsection (2), a license to occupy the premises entered into as part of an employee's compensation may be terminated at any time after the employment relationship ceases between an employer and employee. A termination of a license to occupy the premises shall be effective three days after the service of written notice of termination of a license to occupy the premises.

(b) An agreement made pursuant to this section shall be in writing and shall include the following:

(I) The names of the employer and employee;

(II) A statement that the license to occupy the premises is provided to the employee as part of the employee's compensation and is subject to termination at any time after the employment relationship ceases;

(III) The address of the premises; and

(IV) The signature of both the employer and the employee.

(c) The notice of termination of a license to occupy the premises shall describe the premises and shall set forth the time when the license to occupy the premises will terminate. The notice shall be signed by the employer or the employer's agent or attorney.

(3) If an employee fails to vacate the premises within three days after the receipt of the notice of termination of the license to occupy the premises, the employer may contact the county sheriff to have the employee removed from the premises. The county sheriff shall remove the employee and any personal property of the employee from the premises upon the showing to the county sheriff of the notice of termination of the license to occupy the premises and agreement pursuant to which the license to occupy the premises was granted.

Source: L. 2003: Entire article amended with relocations, p. 1862, � 1, effective August 6.

Editor's note: This section is similar to former � 8-4-127 as it existed prior to 2003, and the former � 8-4-123 was relocated to � 8-4-110 (2).

8-4-124. Third-party food delivery services - prohibitions - penalties - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Retail food establishment means a retail food establishment, as defined in section 25-4-1602 (14), that pays an annual license fee as required by section 25-4-1607. Retail food establishment does not include grocery stores or convenience stores.

(b) Third-party delivery service platform means a third-party food delivery service's online or mobile platform on which a consumer can view and order available products.

(c) Third-party food delivery service means any company or website, mobile application, or other internet service that offers or arranges for the sale and same-day delivery or same-day pickup of prepared food or beverages from a retail food establishment.

(2) A third-party food delivery service shall not take and arrange for the delivery or pickup of an order from a retail food establishment without the retail food establishment's consent.

(3) A retail food establishment included on a third-party delivery service platform in violation of subsection (2) of this section may bring an action in a court of competent jurisdiction for damages, a civil penalty not to exceed one thousand dollars per violation, and injunctive relief. The prevailing party in an action brought pursuant to this subsection (3) is entitled to reasonable attorney fees.

Source: L. 2021: Entire section added, (SB 21-035), ch. 208, p. 1083, � 1, effective September 7. L. 2025: (1)(a) amended, (SB 25-285), ch. 296, p. 1518, � 6, effective August 6.

8-4-125. Supplemental health-care staffing agencies - annual certification - contract restrictions - penalty - civil action - reporting - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Department means the department of labor and employment.

(b) Health-care facility means a facility licensed by the department of public health and environment pursuant to section 25-1.5-103 (1)(a).

(c) Health-care worker means a person employed by a supplemental health-care staffing agency for temporary placement in a health-care facility.

(d) Health-care worker platform or platform means any person, firm, corporation, partnership, or association that maintains a system or technology that provides a media or internet platform for a health-care worker to be listed and identified as available for hire by health-care facilities seeking health-care workers. Under a platform, the health-care facility sets the hourly rates and other terms of hire and the health-care worker, as an independent contractor and not as an employee or agent of the entity that maintains the platform, decides whether to agree to the hourly rates and other terms of hire.

(e) (I) Supplemental health-care staffing agency or staffing agency means an individual or type of organization, including any partnership, limited liability partnership, limited liability company, limited liability limited partnership, association, trust, joint stock company, insurance company, or corporation, whether domestic or foreign, engaged in the business of providing health-care workers who are employees of the staffing agency, and, for a fee, assigning them to temporary placements in health-care facilities.

(II) Supplemental health-care staffing agency does not include:

(A) An individual acting as an independent contractor who is only engaged in providing the individual's services on a temporary basis to health-care facilities; or

(B) A health-care worker platform.

(2) (a) It is unlawful for any person to operate a supplemental health-care staffing agency in this state without completing the staffing agency's initial certification and required annual certification with the department pursuant to section 8-70-114.

(b) Any person who violates this section commits a civil infraction and may be subject to fines determined by the department.

(c) On or before September 1, 2022, and September 1 each year thereafter, the department of public health and environment and the department of health care policy and financing shall provide the department with a list of all known names and contact information for supplemental health-care staffing agencies operating in the state.

(2.5) (a) In any contract or agreement between a supplemental health-care staffing agency and a health-care worker or health-care facility concerning the placement of a health-care worker who is a nursing professional licensed or certified pursuant to article 255 of title 12, except for liquidated damages, employment fees, or other compensation attributable to and chargeable for a thirty-calendar-day period commencing when the health-care worker is first placed at a health-care facility, it is unlawful for the supplemental health-care staffing agency to require the payment of liquidated damages, employment fees, or other compensation to the supplemental health-care staffing agency if the health-care facility hires the health-care worker as a permanent employee either prior to or after the termination of the contract or agreement with the supplemental health-care staffing agency.

(b) If a supplemental health-care staffing agency collects or attempts to collect liquidated damages, employment fees, or other compensation from a health-care worker or health-care facility in violation of subsection (2.5)(a) of this section, the health-care worker or health-care facility may bring an action in a court of competent jurisdiction for damages, a civil penalty not to exceed five thousand dollars per violation, and injunctive relief. The prevailing party to an action brought pursuant to this subsection (2.5)(b) is entitled to reasonable attorney fees.

(3) (a) No later than October 1, 2022, each supplemental health-care staffing agency shall maintain detailed data described in subsection (3)(b) of this section. By the deadlines established in this subsection (3)(a), each staffing agency shall provide reports to the department that contain the information and certifications set forth in subsection (3)(b) of this section. Beginning April 30, 2023, and continuing each April 30 thereafter, a staffing agency operating in the state shall provide a report covering the period between October 1 of the previous year and March 31 of the current year. For the reporting period between April 1 and September 30 of the current year, the staffing agency shall file a report annually, beginning October 31, 2023, and continuing each October 31 thereafter.

(b) At a minimum, a staffing agency's biannual reports required pursuant to subsection (3)(a) of this section must include:

(I) The name of each direct and indirect owner of the staffing agency;

(II) If the staffing agency's direct owner is a corporation, copies of the articles of incorporation and current bylaws;

(III) A detailed listing of the average amount charged during each quarter of the reporting period to a health-care facility for each category of health-care worker providing services to the health-care facility;

(IV) A detailed listing of the average amount paid during each quarter of the reporting period to health-care workers for their services for each category of health-care worker providing services;

(V) The staffing agency's certification that each health-care worker contracted to a health-care facility during the reporting period had a current, unrestricted license or certification in good standing and met the training and continuing education standards for the position with the health-care facility throughout the entirety of the reporting period;

(VI) The staffing agency's certification that each health-care worker contracted to a health-care facility had successfully completed all background checks required by federal and state law, rule, and regulation relating to the health-care position and health-care facility in which the health-care worker was placed during the reporting period; and

(VII) The staffing agency's certification that the staffing agency maintained professional liability insurance throughout the entirety of the reporting period for each health-care worker contracted to a health-care facility during the reporting period.

(4) (a) (I) The department shall impose a fine in the amount of five hundred dollars for a report required pursuant to subsection (3) of this section that:

(A) Is not submitted within thirty days after the reporting deadline; or

(B) The department deems noncompliant with the requirements of subsection (3) of this section.

(II) The department may waive the fine if the staffing agency is able to show good cause for the delay in submitting the report or for submitting a noncompliant report.

(b) The department shall send notice to each staffing agency that:

(I) Has not submitted the required biannual report on or before the deadline; or

(II) Has not submitted a compliant report.

(c) If the staffing agency does not submit a compliant report within thirty days after the date of the department's notice of noncompliance, the department shall impose a fine of ten thousand dollars, and for a failure in any subsequent reporting period to timely submit a compliant report within thirty days after the department's notice of noncompliance, a fine of twenty thousand dollars. The department may waive or reduce the staffing agency's fine if the staffing agency is able to show good cause for delaying the submission of the report.

(d) The department shall transmit any penalties imposed and collected pursuant to this subsection (4) to the state treasurer, who shall credit the money to the wage theft enforcement fund created in section 8-4-113 (3).

(5) The department shall provide copies of the biannual reports required pursuant to subsection (3) of this section to the department of public health and environment and to the department of health care policy and financing for purposes of analyzing the information provided by the supplemental health-care staffing agencies and determining the need for regulation of staffing agencies.

Source: L. 2022: Entire section added, (SB 22-210), ch. 371, p. 2642, � 1, effective August 10. L. 2023: (2.5) added, (HB 23-1030), ch. 143, p. 613, � 1, effective May 1.

8-4-126. Cost and wage transparency from delivery network companies - notice requirements - deactivation requirements - enforcement - driver safety - task acceptance time - penalties - definitions - rules. (1) Definitions. As used in this section, unless the context otherwise requires:

(a) Consumer means an individual who uses a digital platform to order delivery services from a delivery network company.

(b) Deactivate or deactivation means conduct that a delivery network company engages in to materially restrict a driver's access to the digital platform for more than seventy-two hours, including blocking a driver's access to the digital platform, suspending a driver, or changing a driver's status from eligible to ineligible to provide delivery services through the delivery network company's digital platform.

(c) (I) Delivery network company or DNC means any person that sells the delivery of goods or services, including delivery provided as part of the sale of goods, in the state and that engages or dispatches delivery drivers through a digital platform.

(II) Delivery network company or DNC does not include a motor carrier of towed motor vehicles regulated by the public utilities commission pursuant to part 4 of article 10.1 of title 40 or a motor carrier of household goods regulated by the public utilities commission pursuant to part 5 of article 10.1 of title 40.

(d) Delivery task or task means the time spent, distance traveled, and route followed by a driver to provide delivery services to a consumer through a delivery network company, including traveling to a merchant's business; picking up food, beverages, or other goods for delivery; and taking and depositing the delivery at a different location, as requested. A delivery task may encompass multiple transactions.

(e) Digital platform means an online application, internet site, or system that a delivery network company uses to facilitate, manage, or facilitate and manage delivery services.

(f) Driver means an individual providing delivery services through a delivery network company's digital platform in a personal vehicle.

(g) IRS mileage rate means the federal internal revenue service's standard mileage rate for business use.

(h) Merchant means a third party that sells goods or services to consumers through a delivery network company.

(i) Tip means a gratuity that a consumer:

(I) Indicates through a digital platform as intended for direct payment to the driver; or

(II) Would reasonably expect to be paid in full to the driver.

(j) Transaction means an order that a consumer makes using a delivery network company's digital platform to request that a driver deliver food, beverages, or other goods from a merchant. A driver may pick up goods related to multiple transactions as part of a single delivery task.

(2) Consumer payments. (a) On the same screen on which a DNC prompts a consumer to leave a tip for a driver, the DNC shall disclose in a manner prominently displayed on the screen the amount of money that the consumer paid or will pay for the transaction.

(b) A DNC shall not decrease the amount the DNC pays a driver for a delivery task based on the amount of a customer's tip for that delivery task.

(d) The information disclosed to consumers pursuant to this subsection (2) must be:

(I) Prominently displayed on the screen;

(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; and

(III) Presented using design techniques intended to draw the eye to the information.

(3) Wage transparency to driver. (a) Each time a DNC offers a delivery task to a driver who is compensated on a per-delivery-task or a per-transaction basis, but not to a driver who is compensated for a block of time for multiple deliveries, before the driver accepts the task, the DNC shall disclose to the driver the following information on a smartphone or similar screen in a clearly legible format:

(I) The estimated or actual amount the driver will earn for the delivery task, disaggregated to show the full and accurate amount of any tip or reimbursement;

(II) The number of transactions involved in the delivery task;

(III) The address or addresses where the food, beverages, or other goods must be picked up;

(IV) The cardinal and intercardinal direction from where the driver is required to pick up the food, beverages, or other goods to the locations where the food, beverages, or other goods must be delivered;

(V) The estimated or actual time the driver will spend on the delivery task; and

(VI) The estimated or actual distance the driver will travel for the delivery task.

(b) Within twenty-four hours after a driver completes a delivery task for which the driver was paid on a per-delivery-task or a per-transaction basis, or after such a delivery task is canceled, but not for a driver who is compensated for a block of time for multiple deliveries, a DNC must disclose to the driver by email or other mechanism that remains available to the driver for at least one year in a clearly legible format:

(I) The actual amount the driver was paid for the delivery task, disaggregated to show the amount of any tip or reimbursement;

(II) The full and accurate amount of any tip paid by the consumer;

(III) The actual time the driver spent on the delivery task;

(IV) The actual distance the driver traveled for the delivery task; and

(V) If the delivery task or a transaction was canceled, who initiated the cancellation.

(c) If a DNC compensates a driver for a block of time for multiple deliveries, the DNC shall prominently display on the screen, prior to the driver accepting the block of time, the minimum amount the DNC will pay the driver for completing deliveries during the specified block of time and the address where the food, beverages, or other goods must be picked up, and prominently display the following information on the screen when the block of time begins:

(I) The total number of deliveries to be completed during the specified block of time;

(II) A reasonable estimate of the engaged time required to complete all assigned deliveries;

(III) The range of time in which the deliveries can be completed;

(IV) A reasonable estimate of the number of miles required to complete all deliveries;

(V) The approximate pick-up and drop-off locations for all deliveries; and

(VI) Clear information on which deliveries need to be completed within specific time windows.

(d) Within twenty-four hours after a driver completes a delivery task for which the driver was compensated for a block of time, or after such a delivery task is canceled, a DNC shall make the following disclosures to the driver by email or other mechanism that remains available to the driver for at least one year:

(I) The actual amount the driver was paid for the delivery task, disaggregated to show the amount of any tip or reimbursement;

(II) The full and accurate amount of any tip paid by the consumer;

(III) The actual time the driver spent on the delivery task;

(IV) The actual distance the driver traveled for the delivery task; and

(V) If the delivery task or a transaction was canceled, who initiated the cancellation.

(e) (I) A DNC shall:

(A) Within thirty days after the end of each calendar quarter, provide to each driver, by email or through the digital platform, a disclosure identifying at least the total number of miles traveled to complete each delivery task through the DNC during the calendar quarter and the IRS mileage rate applicable for the calendar quarter; or

(B) Within thirty days after the end of each calendar month, provide to each driver, by email or through the digital platform, a disclosure identifying at least the total number of miles traveled to complete each delivery task through the DNC during the calendar month and the IRS mileage rate applicable for the calendar month.

(II) For each delivery 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, the DNC shall calculate the miles traveled to complete a delivery task as all miles traveled from the location where the driver accepted a delivery task to the location where the driver dropped off the last item to be delivered as part of that delivery task.

(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.

(IV) As part of the disclosures made pursuant to subsection (3)(e)(I) of this section, the DNC may include a notice that this disclosure is not tax advice and that the driver should contact a tax professional.

(f) The information disclosed to a driver pursuant to this subsection (3) must be:

(I) Prominently displayed on the screen or in the email;

(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 email; and

(III) Presented using design techniques intended to draw the eye to the information.

(4) Contract transparency. (a) A DNC shall offer a driver a contract or changes to a contract on the digital platform and by email.

(b) A DNC shall include in a contract a table of contents describing the terms or sections of the contract on the first page of the contract.

(d) When providing a new driver with a contract, a DNC shall prominently display the contract on the screen and email the contract at the time the driver applies to work for the DNC.

(e) When a DNC changes a contract or issues a new contract, the DNC shall:

(I) Email the contract to all drivers engaged on the digital platform at least fourteen days before the contract becomes enforceable; and

(II) Post the contract 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 contract becomes enforceable.

(f) A DNC shall provide drivers with contracts in English, Spanish, Arabic, and up to three additional languages commonly spoken by drivers in the state, as determined by the director.

(g) Once a driver agrees to a contract with the DNC, the DNC shall email the contract to the driver and make the signed contract continuously available to the driver on the digital platform.

(5) Account deactivation transparency - deactivation challenge procedure. (a) A DNC shall develop and maintain an account deactivation policy. The policy must:

(I) Be in writing, which may be in an electronic format;

(II) Define what constitutes a violation that may result in an account deactivation and be specific enough for a driver to reasonably understand what constitutes a violation;

(III) Be provided to the driver prior to the driver providing delivery services through the DNC's digital platform; and

(IV) Be available to the driver in English, Spanish, Arabic, and up to three additional languages commonly spoken by DNC drivers in the state, as determined by the director.

(b) A DNC shall provide the account deactivation policy to the division in English, Spanish, Arabic, and up to three additional languages commonly spoken by drivers in the state, as determined by the director. The division shall post the DNC's account deactivation policy and any revisions to the DNC's account deactivation policy publicly on the division's website for at least thirty days before the deactivation policy becomes enforceable.

(c) A DNC shall not deactivate a driver unless the deactivation is consistent with the DNC's deactivation policy adopted and distributed in accordance with this subsection (5).

(d) A DNC shall provide a driver with written notice of an account deactivation in an electronic format via email, text message, or through the DNC's digital platform upon the effective date of the deactivation. A notice required by this section must include the following information:

(I) Sufficient information for the driver to reasonably understand the reasons for the account deactivation, including the provision of the DNC's account deactivation policy that was violated;

(II) The effective date of the account deactivation;

(III) A description of the steps, if any, the driver can take to remedy the violation;

(IV) Notification of the driver's right to challenge the account deactivation pursuant to subsection (5)(e) of this section; and

(V) The DNC's process for challenging an account deactivation or a link to a description of that process.

(e) (I) A driver has the right to challenge the driver's account deactivation through an internal account deactivation challenge procedure established by the DNC.

(II) A DNC shall create an internal account deactivation challenge procedure that must be made available to the driver immediately upon notice of the driver's account deactivation and for up to thirty days after the date of the deactivation notice.

(III) A DNC shall provide the DNC's internal account deactivation challenge procedure to the driver along with the deactivation notice provided pursuant to subsection (5)(d) of this section in a format that is readily accessible to the driver.

(IV) A DNC shall review and respond to a driver's challenge to an account deactivation within fourteen days after receiving the challenge. A DNC's response to a driver's challenge to an account deactivation must include a written statement, which may be in an electronic format, providing one of the following:

(A) A determination reaffirming the account deactivation, including a description of the steps, if any, the driver can take to remedy the violation, and a summary of the reasons that the account deactivation is reaffirmed;

(B) Any circumstances necessitating a delayed timeline for the DNC's response and an anticipated date for a response either reaffirming the account deactivation or reinstating the driver; or

(C) A determination that the driver did not violate the DNC's account deactivation policy and information regarding when the driver's access to the digital platform will be reinstated.

(V) Following the conclusion of the internal account deactivation challenge procedure, the DNC must reinstate the driver's access to the digital platform if the DNC determines that the driver did not violate the DNC's account deactivation policy or that the driver corrected any violation. The DNC must reinstate the driver's access as soon as possible and no later than seventy-two hours following the DNC providing the written statement pursuant to subsection (5)(e)(IV) of this section.

(f) This subsection (5) shall not be interpreted to require a DNC to provide a driver with any information that a DNC reasonably believes could compromise the safety or privacy of a consumer.

(6) Driver safety. Each time a DNC connects a consumer to a driver, the DNC shall prompt the consumer as a means to encourage the consumer to ensure driver safety upon arrival, including by ensuring a clear, well-lit, safe delivery path and ensuring all pets are properly secured.

(7) Task acceptance time. (a) A DNC shall ensure all drivers have at least sixty seconds after a delivery task offer is displayed on the driver's smartphone or similar screen to decide whether or not to accept the offer.

(b) To ensure all drivers have the full amount of time to decide whether to accept a delivery task offer pursuant to subsection (8)(a) of this section, a DNC shall not penalize or retaliate against a driver for a failure to respond to a delivery task offer in a period of less than sixty seconds after displaying the offer on the driver's smartphone or similar screen, and a DNC shall not require or encourage the driver to respond to a delivery task offer in a period of less than sixty seconds after displaying the offer on the driver's smartphone or similar screen.

(8) Penalties, fines, and enforcement. (a) If a DNC violates this section, the DNC may be subject to:

(I) Statutory damages in the amount of one thousand dollars, as determined by a court, in a civil action brought pursuant to subsection (8)(d) of this section on a per-consumer or a per-driver basis, which amount the DNC 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 a per-driver basis, which amount the DNC shall pay to the division; and

(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 DNC's violation of this section may file a civil action against the DNC in the district court where:

(A) The person resides;

(B) The violation occurred; or

(II) The person filing the civil action may seek:

(A) Injunctive relief from the district court to compel a DNC to comply with this section;

(B) Statutory damages as specified in subsection (8)(a)(I) of this section; and

(e) The director shall transfer the fines collected pursuant to subsection (8)(a)(II) of this section to the general fund.

(9) Exemption. A DNC need not comply with the provisions of this section with respect to drivers or delivery tasks performed by drivers who annually receive or will receive a federal form W-2 from the DNC reflecting all amounts earned by the driver while performing services dispatched or facilitated through the DNC's digital platform.

(10) Rules. The director shall adopt rules necessary to implement this section.

Source: L. 2024: Entire section added, (HB 24-1129), ch. 383, p. 2606, � 1, effective August 7, 2024 (see editor's note).

Editor's note: Section 3 of chapter 383 (HB 24-1129), Session Laws of Colorado 2024, provides that subsections (2), (3), (4), (5), (6), and (9) take effect January 1, 2025.

8-4-127. 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.

(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) (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.

(k) 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.

(l) IRS business mileage deduction rate means the federal internal revenue service's prevailing mileage cost-deduction rate for business use.

(m) 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.

(n) Rider has the same meaning as transportation network company rider as defined in section 40-10.1-602 (5).

(o) (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.

(p) 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.

(q) 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, the 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)(q)(I) and (1)(q)(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.

(r) Transportation services has the same meaning as transportation network company services as defined in section 40-10.1-602 (6).

(s) 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) Consistent with subsection (5) of this section, describe fair, objective, and reasonable procedures for the reconsideration of a deactivation decision consistent with the requirements of subsection (4) of this section 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 emailing the policy to a new driver at the time that the driver applies to work as a driver for the TNC;

(B) Emailing 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) 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 email 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.

(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 email 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 email 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 August 7, 2024, 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 as a 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 amount that a TNC is required to pay pursuant to subsection (6)(a)(II)(C) 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

(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.

(9) 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 (9)(a) or (9)(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) (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:

(A) The driver's license number or other unique numerical identifier associated with the driver;

(B) Whether the ride was canceled and, if so, by whom;

(D) The total mileage driven during consumer platform time;

(E) The starting and ending zip code for the transportation task;

(F) The total dispatch platform time;

(G) 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;

(H) The time of day or night that the transportation task began;

(I) The total consumer platform time;

(J) The total amount that the consumer paid for the transportation task, disaggregated to show the amount of any tip; and

(K) 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.

(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.

(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

(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;

(D) The amount of compensation associated with individual transportation tasks, excluding amounts disclosed in subsections (9)(e)(IV)(A) to (9)(e)(IV)(C) of this section; and

(E) Any other amounts paid to the driver during the reporting period.

(10) Public availability of TNC semiannual disclosures. The information that a transportation network company provides through semiannual disclosures in accordance with subsection (9) 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.

(11) 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, when available.

(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 (11)(b) of this section, the TNC shall provide a copy of the information to the driver by email 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 subsections (11)(b) to (11)(d) of this section must be:

(I) Prominently displayed on the single screen on the digital platform or in the email;

(II) In a font that is larger than the font used to present any other information on the screen or in the email; 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 email 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 (11)(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

(IV) The total miles that the driver drove during the driver's:

(A) Available platform time;

(B) Dispatch 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

(12) Driver acceptance or rejection of a transportation task. On and after February 1, 2025, 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 by hampering driver access to:

(a) Driver support;

(b) Ride offers; or

(13) 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 (13)(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 (13)(a)(II) to the state treasurer, who shall credit the money to the general fund.

(III) Injunctive relief pursuant to subsection (13)(d)(II) of this section.

(b) The division may investigate alleged violations in response to complaints filed or at the division's discretion.

(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

(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 (13)(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 (13)(d), the person is entitled to recover costs and reasonable attorney fees.

(14) Rules. The director may adopt rules as necessary to implement this section.

(15) 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.

Source: L. 2024: Entire section added, (SB 24-075), ch. 409, p. 2806, � 1, effective August 7.