HB 25-1287 Fiscal Note Legislative Council Staff Nonpartisan Services for Colorado’s Legislature HB 25-1287: SOCIAL MEDIA TOOLS FOR MINOR USERS & PARENTS Prime Sponsors: Rep. Caldwell; Lukens Sen. Pelton B.; Michaelson Jenet Published for: House Health & Human Services Drafting number: LLS 25-0476 Fiscal Analyst: Matt Bishop, 303-866-4796 matt.bishop@coleg.gov Version: Initial Fiscal Note Date: March 10, 2025 Fiscal note status: The fiscal note reflects the introduced bill. Summary Information Overview. The bill requires social media companies to protect minors and their privacy. Types of impacts. The bill is projected to affect the following areas on an ongoing basis: State Expenditures Local Government Appropriations. For FY 2025-26, the bill requires an appropriation of $131,809 to the Department of Law. Table 1 State Fiscal Impacts Type of Impact 1 Budget Year FY 2025-26 Out Year FY 2026-27 State Revenue $0 $0 State Expenditures $156,982 $117,275 Transferred Funds $0 $0 Change in TABOR Refunds $0 $0 Change in State FTE 1.1 FTE 0.8 FTE 1 Fund sources for these impacts are shown in the tables below. Page 2 March 10, 2025 HB 25-1287 Table 1A State Expenditures Fund Source Budget Year FY 2025-26 Out Year FY 2026-27 General Fund $131,809 $98,858 Cash Funds $0 $0 Federal Funds $0 $0 Centrally Appropriated $25,173 $18,417 Total Expenditures $156,982 $117,275 Total FTE 1.1 FTE 0.8 FTE Summary of Legislation The bill requires social media companies to determine if users are minors, and offer those users tools to protect their health and safety, such as disabling personalized recommendations, setting time limits for daily usage or scheduling breaks, and reporting problems or unwanted contact. Social media companies must also offer supervisory tools to parents, such as managing certain account settings, viewing usage metrics, restricting purchases, or deleting the minor’s personal data collected by the social media platform. Social media companies must take measures to increase minor users’ privacy and ensure that privacy protections are enabled by default for minors’ accounts. The use of a design or algorithm to increase or sustain a minor’s engagement with the social media platform constitutes a heightened risk of harm under the Colorado Privacy Act. Any violation of these provisions is a deceptive trade practice. State Revenue Starting in FY 2025-26, the bill may increase state revenue from civil penalties and court filing fees, as described below. Civil Penalties Under the Colorado Consumer Protection Act, a person committing a deceptive trade practice may be subject to a civil penalty of up to $20,000 for each violation. Additional penalties may be imposed for subsequent violations of a court order or injunction. This revenue is classified as a damage award and not subject to TABOR. Given the uncertainty about the number of cases that may be pursued by the Attorney General and district attorneys, as well as the wide range in potential penalty amounts, the fiscal note cannot estimate the potential impact of these civil penalties. Page 3 March 10, 2025 HB 25-1287 Filing Fees The bill may increase revenue to the Judicial Department from an increase in civil case filings. Revenue from filing fees is subject to TABOR. State Expenditures The bill increases state expenditures in the Department of Law by about $160,000 in FY 2025-26 and $110,000 in FY 2026-27. These costs, paid from the General Fund, are summarized in Table 2 and discussed below. The bill also minimally affects workload in the Judicial Department. Table 2 State Expenditures Department of Law Cost Component Budget Year FY 2025-26 Out Year FY 2026-27 Personal Services $123,731 $91,164 Operating Expenses $1,408 $1,024 Capital Outlay Costs $6,670 $0 Centrally Appropriated Costs $25,173 $18,417 Total Costs $156,982 $110,605 Total FTE 1.1 FTE 0.8 FTE Department of Law The Department of Law requires 1.1 FTE in FY 2025-26, decreasing to 0.8 FTE in FY 2026-27, to adopt rules and evaluate complaints of deceptive trade practices. The department will prioritize investigations within the overall number of deceptive trade practice complaints and available resources. Standard operating and capital outlay costs are included, and costs in the first year are prorated for the bill’s effective date. Judicial Department The trial courts in the Judicial Department may have an increase in cases filed under the Colorado Consumer Protection Act from the addition of a new deceptive trade practice. This is expected to be absorbable by the courts, and no change in appropriations is required. If additional resources are needed, it will be addressed through the budget process. Page 4 March 10, 2025 HB 25-1287 Centrally Appropriated Costs Pursuant to a Joint Budget Committee policy, certain costs associated with this bill are addressed through the annual budget process and centrally appropriated in the Long Bill or supplemental appropriations bills, rather than in this bill. These costs, which may include employee insurance, supplemental employee retirement payments, leased space, and indirect cost assessments, are shown in the expenditure table above. Local Government Similar to the state, to the extent district attorneys receive deceptive trade practice complaints related to the new deceptive trade practice under the bill, workload will increase to investigate complaints and seek relief when appropriate. It is assumed most such cases will be handled at the state level by the Attorney General. Effective Date The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no referendum petition is filed, except that the restriction on algorithms under the Colorado Privacy Act take effect on October 1, 2025. State Appropriations For FY 2025-26, the bill requires a General Fund appropriation of $131,809 to the Department of Law, and 1.1 FTE. State and Local Government Contacts Judicial Law The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each fiscal year. For additional information about fiscal notes, please visit the General Assembly website.