Colorado 2024 2024 Regular Session

Colorado Senate Bill SB084 Introduced / Bill

Filed 01/24/2024

                    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-