Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0695.01 Michael Dohr x4347
HOUSE BILL 24-1136
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING MEASURES TO ENCOURAG E HEALTHIER SOCIAL MEDIA101
USE BY YOUTH.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires the department of education (department) to
create and maintain a resource bank of evidence-based, research-based,
and promising program materials and curricula pertaining to the mental
health impacts of social media use by children and teens (youth). The
resource bank will be used in elementary and secondary schools in the
state. The department is required to convene a stakeholder group to assist
HOUSE SPONSORSHIP
Pugliese and Amabile,
SENATE SPONSORSHIP
Cutter and Smallwood,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. in the creation of the resource bank.
The bill requires the department to expand local student wellness
programs to include programs that address the impacts of problematic
technology use on the mental and physical well-being of Colorado youth.
The bill requires a social media platform to display a pop-up
warning to a user who is under the age of 18 when the user:
! Has spent one hour on social media platforms in a 24-hour
period; and
! Is on a social media platform between the hours of 10 p.m.
and 6 a.m.
The warning must state that data shows that youth who spend more than
3 hours per day on social media double the risk of experiencing poor
mental health outcomes, including anxiety and depression symptoms. The
warning must include links to resources on the platform for setting screen
time limits and links to the health-effect data.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) On May 23, 2023, U.S. Surgeon General Dr. Vivek Murthy4
released a Social Media and Youth Mental Health advisory to recognize5
the growing impact of social media on youth mental health and6
well-being as a significant public health challenge that requires7
immediate awareness and action;8
(b) The advisory includes recommendations for policymakers to9
address this issue, including to "support the development,10
implementation, and evaluation of digital and media literacy curricula in11
schools and within academic standards" and "ensure technology12
companies share data relevant to the health impacts of their platforms";13
(c) In the United States, up to 95% of youth ages 13 to 17 report14
using social media platforms, and a third of youth report using social15
media "almost constantly";16
(d) A study of youth in the United States ages 12 to 15 found that17
HB24-1136-2- youth who spend three or more hours a day on social media had double1
the risk of experiencing poor mental health outcomes, including2
experiencing symptoms of depression and anxiety. As of 2021, the3
average time spent on social media for this age group is three-and-a-half4
hours a day, with one in four youth spending five or more hours a day on5
the platforms, and one in seven spending seven or more hours a day on6
social media.7
(e) A systematic review of 42 studies on the effects of excessive8
social media use found a consistent relationship between social media use9
and poor sleep quality, reduced sleep duration, sleep difficulties, and10
depression among youth;11
(f) Social media sites are designed to maximize user engagement,12
which can encourage excessive social media use and behavioral13
dysregulation. Youth undergo critical periods of brain development, and14
social media exposure and frequent use may be associated with distinct15
changes in the developing brain, including overstimulation of the16
amygdala, triggering pathways similar to those in individuals with17
substance use or gambling addictions.18
(g) The 2020 Comprehensive Health Academic Standards in19
Colorado include standards for comprehensive health and physical20
education, among them the importance of identifying and managing the21
risk and the impacts of modern technology and social media on students'22
physical and personal wellness;23
(h) Understanding more about how technology and health24
intersect can help solve certain societal problems and improve the mental25
and physical health of Coloradans. Providing free resources educators can26
use while teaching comprehensive health will help educators meet the27
HB24-1136
-3- essential skills outlined in the 2020 Comprehensive Health Academic1
Standards.2
(i) At the federal level, legislation and reforms to improve social3
media platforms that youth access are slow-moving and do not meet the4
demands and fast-moving nature of social media; and5
(j) States recognize the growing impact of social media and6
problematic technology use on youth mental health and the importance of7
enacting legislation to address those concerns. States can exercise8
leadership in this area rather than waiting for slow-moving federal9
legislation to do so.10
(2) The general assembly therefore declares that it is a matter of11
statewide concern to provide research-based education and interventions,12
including resources on the effects of social media use on brain13
development, how to mitigate the risks associated with social media use,14
and how to maintain well-being while interacting in online environments,15
to help youth make informed decisions on responsible social media use.16
SECTION 2. In Colorado Revised Statutes, add 22-2-127.8 as17
follows:18
22-2-127.8. Social media impacts on mental health education19
literacy - resource bank - technical assistance - reporting. (1) (a) T
HE20
DEPARTMENT SHALL CREATE AND MAINTAIN A RESOURCE BANK OF21
EVIDENCE-BASED, RESEARCH-BASED, AND PROMISING PROGRAM22
MATERIALS AND CURRICULA PERTAINING TO THE MENTAL HEALTH23
IMPACTS OF SOCIAL MEDIA USE BY YOUTH . THE DEPARTMENT SHALL24
CONVENE A STAKEHOLDER GROUP TO ASSIST WITH THE CREATION AND25
MAINTENANCE OF THE RESOURCE BANK . THE STAKEHOLDER GROUP SHALL26
ALSO IDENTIFY AVENUES FOR INFORMING LOCAL EDUCATION PROVIDERS ,27
HB24-1136
-4- PARENTS, YOUTH, AND THE PUBLIC ABOUT THE RESOURCE BANK . THE1
MATERIALS AND CURRICULA MAY BE USED IN ELEMENTARY AND2
SECONDARY SCHOOLS IN THE STATE . THE RESOURCE BANK MATERIALS3
AND CURRICULA MUST BE YOUTH-FRIENDLY, CULTURALLY SENSITIVE, AND4
AVAILABLE IN BOTH ENGLISH AND SPANISH, AND MAY INCLUDE INTERNET5
LINKS TO RESOURCES AND MATERIALS ABOUT THE MENTAL HEALTH6
IMPACTS OF SOCIAL MEDIA USE FROM ENTITIES THAT THE DEPARTMENT7
FINDS RELIABLE.8
(b) T
O CREATE THE RESOURCE BANK DESCRIBED IN SUBSECTION9
(1)(a)
OF THIS SECTION, THE DEPARTMENT SHALL CONVENE A10
STAKEHOLDER GROUP TO IDENTIFY THE MATERIALS AND CURRICULA THAT11
WILL BE A PART OF THE RESOURCE BANK .12
(2) O
N AND AFTER JULY 1, 2025, THE DEPARTMENT SHALL MAKE13
THE MATERIALS IN THE RESOURCE BANK AVAILABLE WITHOUT CHARGE TO14
LOCAL EDUCATION PROVIDERS , PROFESSIONAL EDUCATORS, PARENTS OR15
GUARDIANS OF YOUTH , STUDENTS, AND COMMUNITY PROVIDERS. A LOCAL16
EDUCATION PROVIDER IS NOT REQUIRED TO ADOPT OR IMPLEMENT ANY17
MATERIAL OR CURRICULA FROM THE RESOURCE BANK . AT THE REQUEST OF18
A LOCAL EDUCATION PROVIDER , THE DEPARTMENT SHALL PROVIDE19
TECHNICAL ASSISTANCE TO THE LOCAL EDUCATION PROVIDER IN20
DESIGNING AGE-APPROPRIATE CURRICULA PERTAINING TO MENTAL21
HEALTH.22
(3) T
HE MATERIALS AND RESOURCES IN THE RESOURCE BANK THAT23
ARE AVAILABLE TO YOUTH MUST BE DEVELOPED AND UPDATED WITH24
INPUT FROM YOUTH.25
(4) L
OCAL EDUCATION PROVIDERS ARE ENCOURAGED TO REPORT26
TO THE DEPARTMENT ON THE EFFECTIVENESS OF THE RESOURCE BANK27
HB24-1136
-5- MATERIALS AND CURRICULA AND TO RECOMMEND CHANGES TO IMPROVE1
THE MATERIALS AND CURRICULA . THE DEPARTMENT IS ENCOURAGED TO2
UPDATE THE RESOURCE BANK MATERIALS AND CURRICULA BASED ON3
RECOMMENDATIONS FROM LOCAL EDUCATION PROVIDERS , PROFESSIONAL4
EDUCATORS, PARENTS OR GUARDIANS OF YOUTH , STUDENTS, AND5
COMMUNITY PROVIDERS .6
(5) T
HE DEPARTMENT SHALL COLLECT DISAGGREGATED DATA ON7
HOW OFTEN THE MATERIALS AND CURRICULA ARE ACCESSED AND INCLUDE8
THAT INFORMATION AT THE DEPARTMENT 'S ANNUAL "SMART ACT"9
HEARING HELD PURSUANT TO PART 2 OF ARTICLE 7 OF TITLE 2.10
(6) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE11
REQUIRES, "LOCAL EDUCATION PROVIDER " MEANS A SCHOOL DISTRICT, A12
CHARTER SCHOOL AUTHORIZED BY A SC HOOL DISTRICT PURSUANT TO PART13
1
OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY14
THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE15
30.5
OF THIS TITLE 22, OR A BOARD OF COOPERATIVE SERVICES CREATED16
AND OPERATING PURSUANT TO ARTICLE 5 OF THIS TITLE 22 THAT17
OPERATES ONE OR MORE PUBLIC SCHOOLS .18
SECTION 3. In Colorado Revised Statutes, 22-25-104, amend19
(2) and (4.5); and add (3)(d) as follows:20
22-25-104. Colorado comprehensive health education program21
- role of department of education - recommended curriculum22
guidelines - allocation of funds - rules. (2) The department of education23
shall have
HAS the authority to promote the development and24
implementation of local comprehensive health education programs and25
local student wellness programs,
INCLUDING PROGRAMS THAT ADDRESS26
THE MENTAL HEALTH IMPACTS OF SOCIAL MEDIA USE BY YOUTH .27
HB24-1136
-6- (3) (d) THE GUIDELINES DEVELOPED BY THE DEPARTMENT OF1
EDUCATION PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION FOR2
GRADES SIX THROUGH TWELVE MUST INCLUDE CURRICULUM ON THE3
MENTAL HEALTH IMPACTS OF SOCIAL MEDIA USE BY YOUTH .4
(4.5) (a) The department of education shall identify programs that5
are evidence-based, culturally sensitive, and reflective of positive youth6
development guidelines for use by school districts in local comprehensive7
health education programs related to comprehensive human sexuality8
education.9
(b) T
HE DEPARTMENT OF EDUCATION SHALL CONVENE A10
STAKEHOLDER GROUP TO IDENTIFY PROGRAMS AND RESOURCES THAT ARE11
EVIDENCE-BASED, CULTURALLY SENSITIVE, AND REFLECTIVE OF POSITIVE12
YOUTH DEVELOPMENT GUIDELINES FOR USE BY SCHOOL DISTRICTS IN13
LOCAL COMPREHENSIVE HEALTH EDUCATION PROGRAMS RELATED TO14
TECHNOLOGY USE, BRAIN DEVELOPMENT, AND THE PHYSICAL AND MENTAL15
IMPACTS OF SOCIAL MEDIA USE.16
SECTION 4. In Colorado Revised Statutes, add part 16 to article17
1 of title 6 as follows:18
PART 1619
PROTECTIONS FOR YOUTH USING SOCIAL MEDIA20
6-1-1601. Social media platform warning - youth users -21
definition. (1) A
SOCIAL MEDIA PLATFORM MUST DISPLAY A POP -UP22
WARNING TO A USER WHO IS UNDER THE AGE OF EIGHTEEN WHEN THE23
USER:24
(a) H
AS SPENT AN HOUR ON THE SOCIAL MEDIA PLATFORM DURING25
A TWENTY-FOUR-HOUR PERIOD; AND26
(b) I
S ON A SOCIAL MEDIA PLATFORM BETWEEN THE HOURS OF TEN27
HB24-1136
-7- P.M. AND SIX A.M.1
(2) T
HE WARNING MUST STATE THAT DATA SHOWS THAT YOUTH2
WHO SPEND MORE THAN THREE HOURS PER DAY ON SOCIAL MEDIA DOUBLE3
THE RISK OF EXPERIENCING POOR MENTAL HEALTH OUTCOMES , INCLUDING4
ANXIETY AND DEPRESSION SYMPTOMS . THE WARNING MUST INCLUDE5
LINKS TO RESOURCES ON THE PLATFORM FOR SETTING SCREEN TIME LIMITS6
AND LINKS TO THE HEALTH-EFFECT DATA.7
(3) T
HE WARNING REQUIRED PURSUANT TO SUBSECTION (1)(a) OF8
THIS SECTION MUST REPEAT THIRTY MINUTES AFTER THE INITIAL WARNING ,9
THEN FIFTEEN MINUTES AFTER THE SECOND WARNING , AND THEN EVERY10
FIVE MINUTES THEREAFTER.11
(4) (a) F
OR PURPOSES OF THIS SECTION, "SOCIAL MEDIA PLATFORM"12
MEANS AN INTERNET-BASED SERVICE, WEBSITE, OR APPLICATION THAT:13
(I) H
AS MORE THAN TEN THOUSAND ACTIVE USERS IN COLORADO;14
(II) P
ERMITS A PERSON TO BECOME A REGISTERED USER ,15
ESTABLISH AN ACCOUNT, OR CREATE A PUBLIC OR SEMI-PUBLIC PROFILE16
FOR THE PURPOSE OF ALLOWING USERS TO CREATE , SHARE, AND VIEW17
USER-GENERATED CONTENT THROUGH THE ACCOUNT OR PROFILE ;18
(III) E
NABLES ONE OR MORE USERS TO CREATE OR POST CONTENT19
THAT CAN BE VIEWED BY OTHER USERS OF THE MEDIUM ; AND20
(IV) I
NCLUDES A SUBSTANTIAL FUNCTION TO ALLOW USERS TO21
INTERACT SOCIALLY WITH EACH OTHER WITHIN THE SERVICE OR22
APPLICATION. A SERVICE OR APPLICATION THAT PROVIDES ELECTRONIC23
MAIL OR DIRECT MESSAGING SERVICES DOES NOT MEET THE CRITERION24
DESCRIBED IN THIS SUBSECTION (4) ON THE BASIS OF THAT FUNCTION25
ALONE.26
(b) "S
OCIAL MEDIA PLATFORM " DOES NOT INCLUDE AN27
HB24-1136
-8- INTERNET-BASED SERVICE OR APPLICATION IN WHICH THE PREDOMINANT1
OR EXCLUSIVE FUNCTION IS:2
(I) E
LECTRONIC MAIL;3
(II) F
ACILITATING COMMERCIAL TRANSACTIONS , IF THE4
INTERACTION WITH OTHER USERS OR ACCOUNT HOLDERS IS GENERALLY5
LIMITED TO:6
(A) T
HE ABILITY TO UPLOAD A POST AND COMMENT ON REVIEWS7
OR THE ABILITY TO DISPLAY LISTS OR COLLECTIONS OF GOODS FOR SALE OR8
WISH LISTS; AND9
(B) T
HE PRIMARY FUNCTION OF THE PLATFORM IS FOCUSED ON10
ONLINE SHOPPING OR E-COMMERCE RATHER THAN INTERACTIONS BETWEEN11
USERS OR ACCOUNT HOLDERS ;12
(III) F
ACILITATING TELECONFERENCING AND VIDEO13
CONFERENCING FEATURES THAT ARE LIMITED TO CERTAIN PARTICIPANTS14
IN THE TELECONFERENCE OR VIDEO CONFERENCE AND ARE NOT POSTED15
PUBLICLY OR FOR BROAD DISTRIBUTION TO OTHER USERS ;16
(IV) F
ACILITATING SUBSCRIPTION -BASED CONTENT OR17
NEWSLETTERS;18
(V) F
ACILITATING CROWD-SOURCED CONTENT FOR REFERENCE19
GUIDES SUCH AS ENCYCLOPEDIAS AND DICTIONARIES ;20
(VI) P
ROVIDING CLOUD-BASED ELECTRONIC STORAGE, INCLUDING21
CLOUD-BASED STORAGE THAT ALLOWS COLLABORATIVE EDITING BY22
INVITED USERS;23
(VII) P
ROVIDING INFORMATION CONCERNING BUSINESSES ,24
PRODUCTS, OR TRAVEL INFORMATION , INCLUDING USER REVIEWS OR25
RANKINGS OF BUSINESSES OR PRODUCTS ; AND26
(VIII) F
ACILITATING COMMUNICATION WITHIN A BUSINESS OR AN27
HB24-1136
-9- ENTERPRISE AMONG EMPLOYEES OR AFFILIATES OF THE BUSINESS OR1
ENTERPRISE SO LONG AS ACCESS TO THE SERVICE OR APPLICATION IS2
RESTRICTED TO EMPLOYEES OR AFFILIATES OF THE BUSINESS OR3
ENTERPRISE.4
SECTION 5. Act subject to petition - effective date. This act5
takes effect at 12:01 a.m. on the day following the expiration of the6
ninety-day period after final adjournment of the general assembly; except7
that, if a referendum petition is filed pursuant to section 1 (3) of article V8
of the state constitution against this act or an item, section, or part of this9
act within such period, then the act, item, section, or part will not take10
effect unless approved by the people at the general election to be held in11
November 2024 and, in such case, will take effect on the date of the12
official declaration of the vote thereon by the governor.13
HB24-1136
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