Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0695.01 Michael Dohr x4347
HOUSE BILL 24-1136
House Committees Senate Committees
Education
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO ENCOURAG E HEALTHIER SOCIAL MEDIA101
USE BY
YOUTH, AND, IN CONNECTION THEREWITH, MAKING AN102
APPROPRIATION.103
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
HOUSE
3rd Reading Unamended
March 11, 2024
HOUSE
Amended 2nd Reading
March 8, 2024
HOUSE SPONSORSHIP
Pugliese and Amabile, Bacon, Bird, Boesenecker, Brown, deGruy Kennedy, Duran,
English, Garcia, Hamrick, Hernandez, Herod, Jodeh, Kipp, Lindsay, Lukens, McCluskie,
McCormick, McLachlan, Parenti, Ricks, Rutinel, Snyder, Story, Taggart, Titone, Valdez,
Young
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. state. The department is required to convene a stakeholder group to assist
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
1136-2- (d) A study of youth in the United States ages 12 to 15 found that1
youth who spend three or more hours a day on social media had double2
the risk of experiencing poor mental health outcomes, including3
experiencing symptoms of depression and anxiety. As of 2021, the4
average time spent on social media for this age group is three-and-a-half5
hours a day, with one in four youth spending five or more hours a day on6
the platforms, and one in seven spending seven or more hours a day on7
social media.8
(e) A systematic review of 42 studies on the effects of excessive9
social media use found a consistent relationship between social media use10
and poor sleep quality, reduced sleep duration, sleep difficulties, and11
depression among youth;12
(f) Social media sites are designed to maximize user engagement,13
which can encourage excessive social media use and behavioral14
dysregulation. Youth undergo critical periods of brain development, and15
social media exposure and frequent use may be associated with distinct16
changes in the developing brain, including overstimulation of the17
amygdala, triggering pathways similar to those in individuals with18
substance use or gambling addictions.19
(g) The 2020 Comprehensive Health Academic Standards in20
Colorado include standards for comprehensive health and physical21
education, among them the importance of identifying and managing the22
risk and the impacts of modern technology and social media on students'23
physical and personal wellness;24
(h) Understanding more about how technology and health25
intersect can help solve certain societal problems and improve the mental26
and physical health of Coloradans. Providing free resources educators can27
1136
-3- use while teaching comprehensive health will help educators meet the1
essential skills outlined in the 2020 Comprehensive Health Academic2
Standards.3
(i) At the federal level, legislation and reforms to improve social4
media platforms that youth access are slow-moving and do not meet the5
demands and fast-moving nature of social media; and6
(j) States recognize the growing impact of social media and7
problematic technology use on youth mental health and the importance of8
enacting legislation to address those concerns. States can exercise9
leadership in this area rather than waiting for slow-moving federal10
legislation to do so.11
(2) The general assembly therefore declares that it is a matter of12
statewide concern to provide research-based education and interventions,13
including resources on the effects of social media use on brain14
development, how to mitigate the risks associated with social media use,15
and how to maintain well-being while interacting in online environments,16
to help youth make informed decisions on responsible social media use.17
SECTION 2. In Colorado Revised Statutes, add 22-2-127.8 as18
follows:19
22-2-127.8. Social media impacts on mental health education20
literacy - resource bank - technical assistance - reporting. (1) (a) T
HE21
DEPARTMENT SHALL CREATE AND MAINTAIN A RESOURCE BANK OF22
EXISTING EVIDENCE-BASED, RESEARCH-BASED SCHOLARLY ARTICLES AND23
PROMISING PROGRAM MATERIALS AND CURRICULA PERTAINING TO THE24
MENTAL AND PHYSICAL HEALTH IMPACTS OF SOCIAL MEDIA USE BY YOUTH .25
T
HE DEPARTMENT SHALL CONVENE A
TEMPORARY STAKEHOLDER GROUP26
TO ASSIST WITH THE CREATION AND DEVELOPMENT OF A PLAN FOR27
1136
-4- ONGOING MAINTENANCE OF THE RESOURCE BANK BY THE DEPARTMENT.1
T
HE STAKEHOLDER GROUP SHALL ALSO IDENTIFY AVENUES FOR2
INFORMING LOCAL EDUCATION PROVIDERS , PARENTS, YOUTH, AND THE3
PUBLIC ABOUT THE RESOURCE BANK . THE MATERIALS AND CURRICULA4
MAY BE USED IN ELEMENTARY AND SECONDARY SCHOOLS IN THE STATE .5 TO THE EXTENT POSSIBLE, THE RESOURCE BANK MATERIALS, SCHOLARLY6
ARTICLES, AND CURRICULA MUST BE YOUTH -FRIENDLY, CULTURALLY7
SENSITIVE, AND AVAILABLE IN BOTH ENGLISH AND SPANISH, AND MAY8
INCLUDE INTERNET LINKS TO SCHOLARLY ARTICLES, RESOURCES, AND9
MATERIALS ABOUT THE MENTAL AND PHYSICAL HEALTH IMPACTS OF10
SOCIAL MEDIA USE FROM ENTITIES THAT THE DEPARTMENT FINDS11
RELIABLE.12
(b) T
O CREATE THE RESOURCE BANK DESCRIBED IN SUBSECTION13
(1)(a)
OF THIS SECTION, THE DEPARTMENT SHALL CONVENE A
TEMPORARY14
STAKEHOLDER GROUP TO IDENTIFY THE SCHOLARLY ARTICLES ,15
MATERIALS, AND CURRICULA THAT WILL BE A PART OF THE RESOURCE16
BANK.17
(c) THE STAKEHOLDER GROUP MUST CONSIST OF NO MORE THAN18
FIFTEEN MEMBERS, INCLUDING A DEPARTMENT REPRESENTATIVE AND,19
WHEN POSSIBLE, A PERSON OR PEOPLE REPRESENTING EACH OF THE20
FOLLOWING: EDUCATORS; SCHOOL MENTAL HEALTH PROFESSIONALS ;21
PARENTS; YOUTH BETWEEN THE AGES OF EIGHTEEN TO TWENTY -FIVE;22
PUBLIC HEALTH ADVOCACY NON-PROFITS; AND YOUTH MENTAL HEALTH23
PROFESSIONS SUCH AS A SOCIAL WORKER , CHILD ADOLESCENT24
PSYCHIATRIST, OR OTHER PROFESSIONAL SPECIALIZING IN YOUTH MENTAL25
HEALTH.26
(d) WHEN POSSIBLE, AS PART OF THE RESOURCE BANK, THE27
1136
-5- DEPARTMENT, WITH ASSISTANCE FROM THE STAKEHOLDER GROUP, SHALL1
IDENTIFY WHAT GRADE OR AGE-GROUP MATERIALS ARE APPROPRIATE FOR,2
AND WHEN POSSIBLE, WHEN A MATERIAL COULD BE USED FOR A STANDARD3
WITHIN THE COMPREHENSIVE HEALTH EDUCATION STANDARDS .4
(2) O
N AND AFTER JULY 1, 2025, THE DEPARTMENT SHALL MAKE5
THE MATERIALS IN THE RESOURCE BANK AVAILABLE WITHOUT CHARGE TO6
LOCAL EDUCATION PROVIDERS , PROFESSIONAL EDUCATORS, PARENTS OR7
GUARDIANS OF YOUTH, STUDENTS, AND COMMUNITY PROVIDERS. A LOCAL8
EDUCATION PROVIDER IS NOT REQUIRED TO ADOPT OR IMPLEMENT ANY9
MATERIAL OR CURRICULA FROM THE RESOURCE BANK . AT THE REQUEST OF10
A LOCAL EDUCATION PROVIDER , THE DEPARTMENT SHALL PROVIDE11
TECHNICAL ASSISTANCE TO THE LOCAL EDUCATION PROVIDER IN12
DESIGNING AGE-APPROPRIATE CURRICULA PERTAINING TO MENTAL13
HEALTH.14
(3) T
HE MATERIALS AND RESOURCES IN THE RESOURCE BANK THAT15
ARE AVAILABLE TO YOUTH MUST BE DEVELOPED AND UPDATED WITH16
INPUT FROM YOUTH.17
(4) L
OCAL EDUCATION PROVIDERS ARE ENCOURAGED TO REPORT18
TO THE DEPARTMENT ON THE EFFECTIVENESS OF THE RESOURCE BANK19
MATERIALS AND CURRICULA AND TO RECOMMEND CHANGES TO IMPROVE20
THE MATERIALS AND CURRICULA . THE DEPARTMENT IS ENCOURAGED TO21
UPDATE THE RESOURCE BANK MATERIALS AND CURRICULA BASED ON22
RECOMMENDATIONS FROM LOCAL EDUCATION PROVIDERS , PROFESSIONAL23
EDUCATORS, PARENTS OR GUARDIANS OF YOUTH , STUDENTS, AND24
COMMUNITY PROVIDERS .25
(5) T
HE DEPARTMENT SHALL COLLECT DISAGGREGATED DATA ON26
HOW OFTEN THE MATERIALS AND CURRICULA ARE ACCESSED AND INCLUDE27
1136
-6- THAT INFORMATION AT THE DEPARTMENT 'S ANNUAL "SMART ACT"1
HEARING HELD PURSUANT TO PART 2 OF ARTICLE 7 OF TITLE 2.2
(6) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE3
REQUIRES, "LOCAL EDUCATION PROVIDER " MEANS A SCHOOL DISTRICT, A4
CHARTER SCHOOL AUTHORIZED BY A SC HOOL DISTRICT PURSUANT TO PART5
1
OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY6
THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE7
30.5
OF THIS TITLE 22,
THE COLORADO SCHOOL FOR THE DEAF AND THE8
BLIND AUTHORIZED PURSUANT TO SECTION 22-80-102, AN APPROVED9
FACILITY SCHOOL AS DEFINED IN SECTION 22-2-402, OR A BOARD OF10
COOPERATIVE SERVICES CREATED AND OPERATING PURSUANT TO ARTICLE11
5
OF THIS TITLE 22 THAT OPERATES ONE OR MORE PUBLIC SCHOOLS .12
SECTION 3. In Colorado Revised Statutes, 22-25-104, amend13
(2) and (4.5); and add (3)(d) as follows:14
22-25-104. Colorado comprehensive health education program15
- role of department of education - recommended curriculum16
guidelines - allocation of funds - rules. (2) The department of education17
shall have
HAS the authority to promote the development and18
implementation of local comprehensive health education programs and19
local student wellness programs,
INCLUDING PROGRAMS THAT ADDRESS20
THE MENTAL HEALTH IMPACTS OF SOCIAL MEDIA USE BY YOUTH .21
(3) (d) T
HE GUIDELINES DEVELOPED BY THE DEPARTMENT OF22
EDUCATION PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION FOR23
GRADES SIX THROUGH TWELVE MUST
STRONGLY ENCOURAGE INCLUDING24
CURRICULUM ON THE MENTAL HEALTH IMPACTS OF SOCIAL MEDIA USE BY25
YOUTH.26
(4.5) (a) The department of education shall identify programs that27
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-7- are evidence-based, culturally sensitive, and reflective of positive youth1
development guidelines for use by school districts in local comprehensive2
health education programs related to comprehensive human sexuality3
education.4
(b) T
HE DEPARTMENT OF EDUCATION SHALL CONVENE A5
STAKEHOLDER GROUP TO IDENTIFY
SCHOLARLY ARTICLES, PROGRAMS,6
AND RESOURCES THAT ARE EVIDENCE -BASED, CULTURALLY SENSITIVE,7
AND REFLECTIVE OF POSITIVE YOUTH DEVELOPMENT GUIDELINES FOR8
OPTIONAL USE BY LOCAL EDUCATION PROVIDERS IN LOCAL9
COMPREHENSIVE HEALTH EDUCATION PROGRAMS RELATED TO10
TECHNOLOGY USE, BRAIN DEVELOPMENT, AND THE PHYSICAL AND MENTAL11
IMPACTS OF SOCIAL MEDIA USE.12
SECTION 4. In Colorado Revised Statutes, add part 16 to article13
1 of title 6 as follows:14
PART 1615
PROTECTIONS FOR YOUTH USING SOCIAL MEDIA16
6-1-1601. Social media platform notification - youth users -17
definition. (1) ON OR AFTER JANUARY 1, 2026, A SOCIAL MEDIA18
PLATFORM, BY DEFAULT, MUST DISPLAY A POP-UP OR FULL-SCREEN19
NOTIFICATION TO A USER WHO IS UNDER THE AGE OF EIGHTEEN WHEN THE20
USER:21
(a) H
AS SPENT
ONE CUMULATIVE HOUR ON THE SOCIAL MEDIA22
PLATFORM DURING A TWENTY -FOUR-HOUR PERIOD; OR23
(b) I
S ON A SOCIAL MEDIA PLATFORM BETWEEN THE HOURS OF TEN24
P.M. AND SIX A.M.25(2) THE NOTIFICATION MUST INCLUDE DATA ON THE PUBLIC26
HEALTH IMPACTS OF SOCIAL MEDIA USE ON THE MENTAL AND PHYSICAL27
1136
-8- HEALTH OF YOUTH USERS, FROM PEER-REVIEWED SCHOLARLY ARTICLES1
INCLUDED IN THE MENTAL HEALTH AND TECHNOLOGY RESOURCE BANK2
ESTABLISHED IN SECTION 22-2-127.8 (2).3
(3) T
HE
NOTIFICATION REQUIRED PURSUANT TO SUBSECTION (1)(a)4
OF THIS SECTION MUST REPEAT THIRTY MINUTES AFTER THE INITIAL5
NOTIFICATION, THEN FIFTEEN MINUTES AFTER THE SECOND NOTIFICATION,6
AND THEN EVERY FIVE MINUTES THEREAFTER .7
(4) (a) F
OR PURPOSES OF THIS SECTION, "SOCIAL MEDIA PLATFORM"8
MEANS AN INTERNET-BASED SERVICE, WEBSITE, OR APPLICATION THAT:9
(I) H
AS MORE THAN
ONE HUNDRED THOUSAND ACTIVE USERS IN10
C
OLORADO;11
(II) P
ERMITS A PERSON TO BECOME A REGISTERED USER ,12
ESTABLISH AN ACCOUNT, OR CREATE A PUBLIC OR SEMI-PUBLIC PROFILE13
FOR THE PURPOSE OF ALLOWING USERS TO CREATE , SHARE, AND VIEW14
USER-GENERATED CONTENT THROUGH THE ACCOUNT OR PROFILE ;15
(III) E
NABLES ONE OR MORE USERS TO CREATE OR POST CONTENT16
THAT CAN BE VIEWED BY OTHER USERS OF THE MEDIUM ; AND17
(IV) I
NCLUDES A SUBSTANTIAL FUNCTION TO ALLOW USERS TO18
INTERACT SOCIALLY WITH EACH OTHER WITHIN THE SERVICE OR19
APPLICATION. A SERVICE OR APPLICATION THAT PROVIDES ELECTRONIC20
MAIL OR DIRECT MESSAGING SERVICES DOES NOT MEET THE CRITERION21
DESCRIBED IN THIS SUBSECTION (4) ON THE BASIS OF THAT FUNCTION22
ALONE.23
(b) "S
OCIAL MEDIA PLATFORM " DOES NOT INCLUDE AN24
INTERNET-BASED SERVICE OR APPLICATION IN WHICH THE PREDOMINANT25
OR EXCLUSIVE FUNCTION IS:26
(I)
PROVIDING ELECTRONIC MAIL;27
1136
-9- (II) FACILITATING COMMERCIAL TRANSACTIONS , IF THE1
INTERACTION WITH OTHER USERS OR ACCOUNT HOLDERS IS GENERALLY2
LIMITED TO:3
(A) T
HE ABILITY TO UPLOAD A POST AND COMMENT ON REVIEWS4
OR THE ABILITY TO DISPLAY LISTS OR COLLECTIONS OF GOODS FOR SALE OR5
WISH LISTS; AND6
(B) T
HE PRIMARY FUNCTION OF THE PLATFORM IS FOCUSED ON7
ONLINE SHOPPING OR E-COMMERCE RATHER THAN INTERACTIONS BETWEEN8
USERS OR ACCOUNT HOLDERS ;9
(III) F
ACILITATING TELECONFERENCING AND VIDEO10
CONFERENCING FEATURES THAT ARE LIMITED TO CERTAIN PARTICIPANTS11
IN THE TELECONFERENCE OR VIDEO CONFERENCE AND ARE NOT POSTED12
PUBLICLY OR FOR BROAD DISTRIBUTION TO OTHER USERS ;13
14
(IV) FACILITATING CROWD-SOURCED CONTENT FOR REFERENCE15
GUIDES SUCH AS ENCYCLOPEDIAS AND DICTIONARIES ;16
(V) PROVIDING CLOUD-BASED ELECTRONIC STORAGE, INCLUDING17
CLOUD-BASED STORAGE THAT ALLOWS COLLABORATIVE EDITING BY18
INVITED USERS;19
(VI) CONSISTING PRIMARILY OF NEWS, SPORTS, ENTERTAINMENT,20
OR OTHER CONTENT THAT IS PRESELECTED BY THE PROVIDER AND NOT21
USER GENERATED, AND ANY CHAT, COMMENT, OR INTERACTIVE22
FUNCTIONALITY THAT IS PROVIDED INCIDENTAL TO, DIRECTLY RELATED23
TO, OR DEPENDENT UPON PROVISION OF THE CONTENT ; OR24
(VII) INTERACTIVE GAMING, VIRTUAL GAMING, OR AN ONLINE25
SERVICE THAT ALLOWS THE CREATION AND UPLOADING OF CONTENT FOR26
THE PURPOSE OF INTERACTIVE OR VIRTUAL GAMING .27
1136
-10- (VIII) PROVIDING INFORMATION CONCERNING BUSINESSES ,1
PRODUCTS, OR TRAVEL INFORMATION , INCLUDING USER REVIEWS OR2
RANKINGS OF BUSINESSES OR PRODUCTS ; 3
(IX) FACILITATING COMMUNICATION WITHIN A BUSINESS OR AN4
ENTERPRISE AMONG EMPLOYEES OR AFFILIATES OF THE BUSINESS OR5
ENTERPRISE SO LONG AS ACCESS TO THE SERVICE OR APPLICATION IS6
RESTRICTED TO EMPLOYEES OR AFFILIATES OF THE BUSINESS OR7
ENTERPRISE;8
(X) SELLING ENTERPRISE SOFTWARE TO BUSINESSES,9
GOVERNMENTS, OR NONPROFIT ORGANIZATIONS;10
(XI) PROVIDING A STREAMING SERVICE THAT STREAMS ONLY11
LICENSED MEDIA IN A CONTINUOUS FLOW FROM THE SERVICE, WEBSITE, OR12
APPLICATION TO THE END USER AND DOES NOT REQUIRE A USER OR13
ACCOUNT HOLDER TO OBTAIN A LICENSE FOR THE MEDIA BY AGREEMENT14
WITH A SOCIAL MEDIA PLATFORM'S TERMS OF SERVICE;15
(XII) PROVIDING AN ONLINE SERVICE, WEBSITE, OR APPLICATION16
THAT IS USED BY OR UNDER THE DIRECTION OF AN EDUCATIONAL ENTITY,17
INCLUDING A LEARNING MANAGEMENT SYSTEM, A STUDENT ENGAGEMENT18
PROGRAM, OR A SUBJECT- OR SKILL-SPECIFIC PROGRAM, FOR WHICH THE19
MAJORITY OF THE CONTENT IS CREATED OR POSTED BY THE PROVIDER OF20
THE ONLINE SERVICE, WEBSITE, OR APPLICATION AND THE ABILITY TO21
CHAT, COMMENT, OR INTERACT WITH OTHER USERS IS DIRECTLY RELATED22
TO THE PROVIDER'S CONTENT;23
(XIII) PROVIDING OR OBTAINING TECHNICAL SUPPORT FOR A24
PLATFORM, PRODUCT, OR SERVICE;25
(XIV) PROVIDING CAREER DEVELOPMENT OPPORTUNITIES ,26
INCLUDING PROFESSIONAL NETWORKING , JOB SKILLS, LEARNING27
1136
-11- CERTIFICATIONS, AND JOB POSTING AND APPLICATION SERVICES ;1
(XV) FOCUSED ON FACILITATING ACADEMIC OR SCHOLARLY2
RESEARCH; OR3
(XVI) REPORTING OR DISSEMINATING NEWS INFORMATION FOR A4
MASS MEDIUM, AS DEFINED IN SECTION 13-90-119.5
SECTION 5. Appropriation. For the 2024-25 state fiscal year,6
$13,974 is appropriated to the department of education for use by the7
student learning division. This appropriation is from the general fund and8
is based on an assumption that the division will require an additional 0.29
FTE. To implement this act, the division may use this appropriation for10
content specialists.11
SECTION 6. Act subject to petition - effective date. This act12
takes effect at 12:01 a.m. on the day following the expiration of the13
ninety-day period after final adjournment of the general assembly; except14
that, if a referendum petition is filed pursuant to section 1 (3) of article V15
of the state constitution against this act or an item, section, or part of this16
act within such period, then the act, item, section, or part will not take17
effect unless approved by the people at the general election to be held in18
November 2024 and, in such case, will take effect on the date of the19
official declaration of the vote thereon by the governor.20
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-12-