Natasha Burke, a policy consultant for the American Civil Liberties Union (ACLU) of Colorado, expressed concerns that House Bill 25-1291 would undermine drivers' due process rights and allow private companies to make punitive decisions without court oversight.
"HB 25 1291, however, raises many concerns for us around data privacy," said Burke. "The bill would add several misdemeanors to the list of barrier crimes to becoming or remaining a driver. It seems one-sided for the state to require a TNC to effectively investigate and deactivate drivers when complaints are filed against them. It is a bridge too far for a state to require a person to be removed from their source of income without due process through the courts."
According to the Colorado Legislative Council Staff's fiscal analysis, HB 25-1291 is expected to impact approximately 38,000 rideshare drivers in the state. The bill requires fingerprint-based background checks twice annually, amounting to an estimated 76,000 checks each year. The state anticipates generating around $3.4 million in revenue in the fiscal year 2025–26 from associated fees. These measures aim to enhance public safety but have raised cost concerns among transportation network companies (TNCs) and drivers.
"We've taken an industry-leading approach, guided by safety experts, to prevent safety incidents and support survivors," said Uber representative Irving. "Uber has invested in numerous safety features that allow users to share their trip with trusted contacts, connect seamlessly in-app with 911, and give users 24/7 support." Irving also said that Uber requires drivers to complete mandatory sexual misconduct education and has developed a partnership with the Rape, Abuse & Incest National Network (RAINN). According to Irving, "serious safety incidents" are rare — a recent report found that 99.9998% of U.S. trips ended without a serious incident, and the company has seen a 44% decrease in its sexual assault rate since it began publishing data on the matter.
The company further argued that the bill targets specific transportation networks while exempting others such as taxis and shuttles. "Taxis have no audio/video recording requirements," wrote Irving. "Targeting only certain TNCs is arbitrary given the bill purports to ensure all transportation modes are safe."
Uber urges the removal of the bill’s private right of action (PRA), arguing it is unnecessary and could lead to costly lawsuits. They note that the Public Utilities Commission (PUC) already enforces TNC compliance and individuals harmed during a TNC trip can seek compensation through existing legal channels. Uber warns that the PRA could create limitless opportunities for lawsuits over minor violations—burdens ultimately shouldered by consumers—and argues it amounts to a hidden tax on Coloradans benefiting trial lawyers.
Natasha Burke is registered as a professional lobbyist representing ACLU of Colorado at 303 E 17th Ave, Denver, CO 80203. Her role involves advocating for civil liberties and policy reforms in alignment with ACLU's mission.