Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0106.01 Nicole Myers x4326 SENATE BILL 24-084 Senate Committees House Committees Judiciary A BILL FOR AN ACT C ONCERNING A REQUIREMENT THAT THE ATTORNEY GENERAL101 UNDERTAKE CERTAIN MEASURES IN AN EFFORT TO PREVENT THE102 PROLIFERATION OF MISINFOR MATION AND DISINFORMATION ,103 AND, IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .104 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 .) To prevent and combat the sharing and spreading of misinformation and disinformation, the attorney general is required to: ! Establish an initiative to encourage respectful engagement SENATE SPONSORSHIP Cutter, HOUSE SPONSORSHIP Garcia, 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. and discourse; ! Develop and share a curriculum to facilitate productive and honest conversations regarding statewide and national issues to help people find common ground; and ! Collaborate with organizations across the state to develop and update the materials that are used in connection with the curriculum. The attorney general is also required to study how the internet and other media channels, including social media platforms, are used to share and spread misinformation and disinformation. In addition, the attorney general is required to review relevant state and federal constitutional provisions and federal laws and regulations to address preemption and the intersection of state and federal authority. The attorney general may invite experts to collaborate or consult with the attorney general or to provide other assistance to the attorney general in performing the duties specified in the bill. The attorney general is required to publish a report of its findings and to submit the report to the judiciary committees of the senate and the house of representatives. The report must include recommendations for state legislation. For the 2024-2025 state fiscal year, $150,000 is appropriated to the department of law for the implementation of the bill. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 24-31-117 as2 follows:3 24-31-117. Misinformation and disinformation prevention4 campaign - study - report - appropriation - repeal. (1) T O PREVENT5 AND COMBAT THE SHARING AND SPREADING OF MISINFORMATION AND6 DISINFORMATION, THE ATTORNEY GENERAL SHALL , AT A MINIMUM:7 (a) E STABLISH AN INITIATIVE TO ENCOURAGE RESPECTFUL8 ENGAGEMENT AND DISCOURSE ;9 (b) D EVELOP AND SHARE A CURRICULUM THAT CAN BE USED BY10 SCHOOLS, ORGANIZATIONS, AND COMMUNITY LEADERS TO FACILITATE11 PRODUCTIVE AND HONEST CONVERSATIONS REGARDING STATEWIDE AND12 NATIONAL ISSUES TO HELP PEOPLE FIND COMMON GROUND ; AND13 SB24-084-2- (c) COLLABORATE WITH ORGANIZATIONS ACROSS THE STATE TO1 DEVELOP AND UPDATE THE MATERIALS THAT ARE USED IN C ONNECTION2 WITH THE CURRICULUM.3 (2) (a) T HE ATTORNEY GENERAL SHALL STUDY HOW THE INTERNET4 AND OTHER MEDIA CHANNELS , INCLUDING SOCIAL MEDIA PLATFORMS, ARE5 USED TO SHARE AND SPREAD MISINFORMATION AND DISINFORMATION . THE6 STUDY MUST, AT A MINIMUM:7 (I) E XAMINE THE PREVALENCE OF MISINFORMATION AND8 DISINFORMATION ON THE INTERNET AND OTHER MEDIA CHANNELS ;9 (II) I DENTIFY THE ROLES OF THE STATE AND FEDERAL10 GOVERNMENTS IN PREVENTING AND ADDRESSING MISINFORMATION AND11 DISINFORMATION;12 (III) I DENTIFY LAWS IMPLEMENTED BY OTHER STATES OR THE13 FEDERAL GOVERNMENT THAT ARE INTENDED TO PREVENT THE USE OF THE14 INTERNET AND OTHER MEDIA CHANNELS FOR SHARING AND SPREADING15 MISINFORMATION AND DISINFORMATION ;16 (IV) E XAMINE ANY OTHER RELEVANT DATA , INFORMATION, OR17 RESOURCES, AS DEEMED NECESSARY BY THE ATTORNEY GENERAL ,18 CONCERNING THE USE OF THE INTERNET FOR SHARING AND SPREADING19 MISINFORMATION AND DISINFORMATION ; AND20 (V) E XAMINE THE LEGAL FRAMEWORK GOVERNING THE21 REGULATION OF ONLINE SPEECH AND ONLINE ACTIVITIES , INCLUDING BUT22 NOT LIMITED TO THE FIRST AMENDMENT TO THE UNITED STATES23 CONSTITUTION AND THE PROVISIONS OF 47 U.S.C. SEC. 230 OF THE24 FEDERAL "COMMUNICATIONS DECENCY ACT OF 1996". 25 (b) I N ADDITION, THE ATTORNEY GENERAL SHALL REVIEW26 RELEVANT STATE AND FEDERAL CONSTITUTI ONAL PROVISIONS AND27 SB24-084 -3- FEDERAL LAWS AND REGULATIONS TO ADDRESS PREEMPTION AND THE1 INTERSECTION OF STATE AND FEDERAL AUTHORITY .2 (3) T HE ATTORNEY GENERAL MAY INVITE EXPERTS IN3 CONSTITUTIONAL LAW, TECHNOLOGY, AND OTHER RELEVANT AREAS TO4 COLLABORATE OR CONSULT WITH THE ATTORNEY GENERAL OR TO PROVIDE5 OTHER ASSISTANCE IN THE ATTORNEY GENERAL 'S PERFORMANCE OF THE6 DUTIES SPECIFIED IN THIS SECTION.7 (4) B Y MARCH 1, 2025, THE ATTORNEY GENERAL SHALL8 COMPLETE, PUBLISH, AND SUBMIT TO THE JUDICIARY COMMITTEES OF THE9 SENATE AND THE HOUSE OF REPRESENTATIVES , OR ANY SUCCESSOR10 COMMITTEES, A REPORT OF ITS FINDINGS AS A RESULT OF THE STUDY AND11 RESEARCH CONDUCTED PURSUANT TO SUBSECTION (2) OF THIS SECTION.12 T HE REPORT MUST ALSO INCLUDE RECOMMENDATIONS FOR STATE13 LEGISLATION:14 (a) T O PREVENT THE USE OF THE INTERNET FOR CONVEYING15 MISINFORMATION AND DISINFORMATION ;16 (b) C ONCERNING CIVIL LIABILITY FOR A COMPANY THAT ENABLES17 OR FAILS TO ACT IN PREVENTING THE SHARING AND PROLIFERATION OF18 MISINFORMATION AND DISINFORMATION WITH ITS ALGORITHM AND19 WEBSITES;20 (c) T O ADDRESS THE IMPACTS OF MISINFORMATION AND21 DISINFORMATION ON YOUTH AND ON THE MENTAL HEALTH OF THE22 GENERAL POPULATION;23 (d) C ONCERNING TRANSPARENCY , EDUCATION, AND PUBLIC24 AWARENESS CAMPAIGNS REGARDING MISINFORMATION AND25 DISINFORMATION; AND26 (e) C ONCERNING ANY OTHER PUBLIC POLICY CHANGES NECESSARY27 SB24-084 -4- TO REDUCE OR ELIMINATE THE USE OF THE INTERNET FOR MISINFORMATION1 AND DISINFORMATION.2 (5) T HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.3 SECTION 2. Appropriation. For the 2024-25 state fiscal year,4 $150,000 is appropriated to the department of law. This appropriation is5 from the general fund. The department may use this appropriation to6 implement this act.7 SECTION 3. Safety clause. The general assembly finds,8 determines, and declares that this act is necessary for the immediate9 preservation of the public peace, health, or safety or for appropriations for10 the support and maintenance of the departments of the state and state11 institutions.12 SB24-084 -5-