SENATE BILL 25-086
BY SENATOR(S) Frizell and Daugherty, Amabile, Ball, Bridges, Exum,
Jodeh, Kipp, Kirkmeyer, Lundeen, Mullica, Pelton B., Pelton R., Roberts,
Snyder, Coleman;
also REPRESENTATIVE(S) Boesenecker and Hartsook, Bird, Brown,
Hamrick, Lukens, Paschal, Rydin, Stewart K., Valdez.
C
ONCERNING PROTECTIONS FOR USERS OF SOCIAL MEDIA , AND, IN
CONNECTION THEREWITH
, ESTABLISHING CERTAIN REQUIREMENTS
FOR SOCIAL MEDIA COMPANIES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds that:
(a) Criminal activity endangering Colorado youth occurs widely on
social media platforms;
(b) Through social media, minors can readily obtain illicit
substances and firearms in violation of state and federal law; and
(c) Minors using social media platforms are regularly victimized by
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. sexually exploitative crimes, such as sex trafficking and sextortion.
(2) The general assembly also finds that self-regulation by social
media companies has not worked, and it is time for Colorado to step in and
put common-sense laws in place to protect its youth.
(3) Therefore, the general assembly declares that it is in the best
interests of the people of Colorado to create a safer social media
environment for minors by directing social media companies to:
(a) Provide annual data about minors' use of social media platforms,
including metrics concerning criminal activity;
(b) State their policies concerning criminal activity and remove
users who engage in criminal violations; and
(c) Responsibly assist Colorado law enforcement agencies with
lawful criminal investigations.
SECTION 2. In Colorado Revised Statutes, amend with relocated
provisions part 16 of article 1 of title 6 as follows:
6-1-1601. Definitions. A
S USED IN THIS PART 16, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "A
CTIONED" MEANS A SOCIAL MEDIA COMPANY , DUE TO A
SUSPECTED OR CONFIRMED VIOLATION OF ITS PUBLISHED POLICIES
, HAS
TAKEN SOME FORM OF ACTION
, INCLUDING REMOVAL, DEMONETIZATION,
DEPRIORITIZATION, BANNING, SUSPENDING, OR TAKING A SIMILAR MEASURE
AGAINST A USER OR AN ITEM OF CONTENT
.
(2) "A
GE CATEGORY" MEANS ONE OF THE FOLLOWING AGE
GROUPINGS
:
(a) U
NDER THIRTEEN YEARS OF AGE;
(b) A
T LEAST THIRTEEN YEARS OF AGE BUT UNDER SIXTEEN YEARS
OF AGE
;
(c) A
T LEAST SIXTEEN YEARS OF AGE BUT UNDER EIGHTEEN YEARS
PAGE 2-SENATE BILL 25-086 OF AGE;
(d) A
T LEAST EIGHTEEN YEARS OF AGE BUT UNDER TWENTY -FIVE
YEARS OF AGE
;
(e) A
T LEAST TWENTY-FIVE YEARS OF AGE BUT UNDER THIRTY-FIVE
YEARS OF AGE
;
(f) A
T LEAST THIRTY-FIVE YEARS OF AGE BUT UNDER FORTY -FIVE
YEARS OF AGE
;
(g) A
T LEAST FORTY-FIVE YEARS OF AGE; AND
(h) NOT RELEVANT, WHICH AGE GROUPING INCLUDES USER
ACCOUNTS FOR WHICH AGE IS NOT RELEVANT
, SUCH AS ORGANIZATIONAL OR
ENTITY ACCOUNTS
.
(3) "C
OLORADO LAW ENFORCEMENT AGENCY " MEANS A STATE OR
LOCAL AGENCY IN
COLORADO THAT EMPLOYS PEACE OFFICERS , AS
DESCRIBED IN SECTIONS
16-2.5-501 AND 24-31-901.
(4) (a) "C
ONTENT" MEANS ANY STATEMENTS, COMMENTS, MEDIA, OR
INFORMATION THAT IS CREATED
, POSTED, SHARED, OR OTHERWISE
INTERACTED WITH BY USERS ON A SOCIAL MEDIA PLATFORM
.
(b) "C
ONTENT" DOES NOT INCLUDE MEDIA PLACED ON AN
INTERNET
-BASED SERVICE OR APPLICATION EXCLUSIVELY FOR THE PURPOSE
OF CLOUD STORAGE
, TRANSMITTING FILES, OR FILE COLLABORATION.
(5) "E
DUCATIONAL ENTITY" MEANS A PUBLIC SCHOOL, A CHARTER
SCHOOL
, AN INSTITUTE CHARTER SCHOOL , A BOARD OF COOPERATIVE
SERVICES
, THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND , A PRIVATE
SCHOOL
, A DENOMINATIONAL SCHOOL, A PAROCHIAL SCHOOL, A COMMUNITY
COLLEGE
, A STATE COLLEGE, A STATE UNIVERSITY, A NONPROFIT PRIVATE
POSTSECONDARY EDUCATIONAL INSTITUTION
, OR AN EDUCATION AND
TRAINING PROGRAM APPROVED BY THE DIRECTOR OF THE DIVISION OF
PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF REGULATORY
AGENCIES
.
(6) "F
IREARM" MEANS:
PAGE 3-SENATE BILL 25-086 (a) A FIREARM, AS DEFINED IN SECTION 18-1-901 (3)(h);
(b) A
N UNFINISHED OR THREE-DIMENSIONALLY PRINTED FRAME OR
RECEIVER OF A FIREARM
, AS DEFINED IN SECTION 18-12-101 (1)(c.5); AND
(c) A MACHINE GUN CONVERSION DEVICE , AS DEFINED IN SECTION
18-12-101 (1)(g.2).
(7) (a) "I
LLICIT SUBSTANCE" MEANS:
(I) A
CONTROLLED SUBSTANCE, AS DEFINED IN SECTION 18-18-102
(5);
(II) A
NY HEMP PRODUCT, AS DEFINED IN SECTION 25-5-427 (2)(d),
THAT IS NOT A TINCTURE OR COSMETIC AND HAS MORE T HAN ONE AND
ONE
-FOURTH MILLIGRAMS OF THC, AS DEFINED IN SECTION 44-10-209
(2)(d),
PER SERVING OR HAS A RATIO OF CANNABIDIOL TO THC OF LESS THAN
TWENTY TO ONE
; AND
(III) ANY PRODUCT THAT CONTAINS HEMP THAT IS INTENDED FOR
HUMAN CONSUMPTION AND IS NOT A COSMETIC
, A DIETARY SUPPLEMENT, A
FOOD
, A FOOD ADDITIVE, OR AN HERB.
(b) N
OTWITHSTANDING SUBSECTION (7)(a) OF THIS SECTION, "ILLICIT
SUBSTANCE
" DOES NOT INCLUDE:
(I) A
PRODUCT THAT MAY BE PRODUCED AND SOLD IN COLORADO
PURSUANT TO AND IN COMPLIANCE WITH SECTION
25-5-427, ARTICLE 10 OF
TITLE
44, AND RULES ADOPTED PURSUANT TO SUCH PROVISIONS ; OR
(II) A PRODUCT THAT MAY BE PRODUCED FOR PERSONAL USE OR
PRODUCED AND ADMINISTERED FOR NATURAL MEDICINE SERVICES PURSUANT
TO AND IN COMPLIANCE WITH ARTICLE
170 OF TITLE 12, SECTION 18-18-434,
ARTICLE 50 OF TITLE 44, AND RULES ADOPTED PURSUANT TO SUCH
PROVISIONS
.
(8) "M
INOR" MEANS AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE .
(9) "M
INOR SAFETY TOOL" MEANS A FEATURE, SETTING, TOOL, OR
SIMILAR OPTION THAT ALLOWS A MINOR USER OR THEIR PARENT TO PROTECT
PAGE 4-SENATE BILL 25-086 THE PRIVACY, SECURITY, OR HEALTH OF THE MINOR USER ON A SOCIAL MEDIA
PLATFORM
, INCLUDING A FEATURE, SETTING, TOOL, OR SIMILAR OPTION THAT
ALLOWS AN INDIVIDUAL TO
:
(a) M
AKE AN ACCOUNT PRIVATE;
(b) C
ONTROL THE SENDING OR RECEIPT OF DIRECT MESSAGES OR
COMMENTS
;
(c) B
LOCK OR REPORT SUSPICIOUS ACCOUNTS ;
(d) C
ONTROL TIME SPENT OR CONTENT VIEWED ; OR
(e) DISABLE OR ALTER ALGORITHMIC SUGGESTIONS OF CONTENT .
(10) "P
ARENT" MEANS A PARENT OR A LEGAL GUARDIAN OF A MINOR .
(11) (a) "P
UBLISHED POLICIES" MEANS POLICIES ADOPTED AND
PUBLISHED BY A SOCIAL MEDIA COMPANY PURSUANT TO SECTION
6-1-1603
THAT SPECIFY, AT LEAST, THE USER BEHAVIORS AND ACTIVITIES THAT ARE
PERMITTED ON A SOCIAL MEDIA PLATFORM OWNED OR OPERATED BY THE
SOCIAL MEDIA COMPANY AND THE USER BEHAVIORS AND ACTIVITIES THAT
MAY SUBJECT A USER OR AN ITEM OF CONTENT TO BEING ACTIONED
.
(b) "P
UBLISHED POLICIES" INCLUDES TERMS OF SERVICE AND
COMMUNITY GUIDELINES
.
(12) "S
EARCH WARRANT " MEANS A SEARCH WARRANT DULY
EXECUTED PURSUANT TO PART
3 OF ARTICLE 3 OF TITLE 16.
(13) "S
EX TRAFFICKING OF A MINOR" MEANS SELLING, RECRUITING,
HARBORING, TRANSPORTING, TRANSFERRING, ISOLATING, ENTICING,
PROVIDING, RECEIVING, OBTAINING BY ANY MEANS , MAINTAINING, OR
MAKING AVAILABLE A MINOR FOR THE PURPOSE OF COMMERCIAL SEXUAL
ACTIVITY
, AS DEFINED IN SECTION 18-3-502 (3).
(14) "S
EXUALLY EXPLOITATIVE MATERIAL " HAS THE MEANING SET
FORTH IN SECTION
18-6-403 (2)(j).
(15) "S
OCIAL MEDIA COMPANY" MEANS A PERSON THAT OWNS OR
PAGE 5-SENATE BILL 25-086 OPERATES ONE OR MORE SOCIAL MEDIA PLATFORMS .
(16) (a) "S
OCIAL MEDIA PLATFORM" MEANS AN INTERNET-BASED
SERVICE OR APPLICATION THAT HAS USERS IN
COLORADO AND MEETS BOTH
OF THE FOLLOWING CRITERIA
:
(I) A
SUBSTANTIAL FUNCTION OF THE SERVICE OR APPLICATION IS TO
ALLOW USERS TO INTERACT SOCIALLY WITH EACH OTHER WITHIN THE
SERVICE OR APPLICATION
; AND
(II) THE SERVICE OR APPLICATION ALLOWS A USER TO :
(A) B
ECOME A REGISTERED USER , ESTABLISH AN ACCOUNT ,
CONSTRUCT A PUBLIC OR SEMIPUBLIC PROFILE FOR PURPOSES OF SIGNING
INTO AND USING THE SERVICE OR APPLICATION
, OR POPULATE A LIST OF
OTHER USERS OR ACCOUNTS WITH WHOM AN INDIVIDUAL SHARES A SOCIAL
CONNECTION WITHIN THE SERVICE OR APPLICATION
; AND
(B) CREATE OR POST CONTENT THAT IS VIEWABLE BY OTHER USERS .
(b) "S
OCIAL MEDIA PLATFORM " DOES NOT INCLUDE AN
INTERNET
-BASED SERVICE OR APPLICATION IF THE PREDOMINANT OR
EXCLUSIVE FUNCTION OF THE SERVICE OR APPLICATION IS
:
(I) P
ROVIDING INTERNET ACCESS OR BROADBAND SERVICE ;
(II) P
ROVIDING ELECTRONIC MAIL;
(III) P
ROVIDING DIRECT MESSAGING WHEREBY MESSAGES ARE SENT
BETWEEN DEVICES BY ELECTRONIC MEANS
, ARE SHARED BETWEEN A SENDER
AND A RECIPIENT
, ARE VISIBLE ONLY TO THE SENDER AND THE RECIPIENT ,
ARE NOT POSTED PUBLICLY, AND ARE NOT EMBEDDED INTO A SOCIAL MEDIA
PLATFORM
;
(IV) F
ACILITATING COMMUNICATION WITHIN A BUSINESS OR AN
ENTERPRISE AMONG EMPLOYEES OR AFFILIATES OF THE BUSINESS OR
ENTERPRISE
, SO LONG AS ACCESS TO THE SERVICE OR APPLICATION IS
RESTRICTED TO EMPLOYEES OR AFFILIATES OF THE BUSINESS OR ENTERPRISE
;
(V) S
ELLING ENTERPRISE SOFTWARE TO BUSINESSES, GOVERNMENTS,
PAGE 6-SENATE BILL 25-086 OR NONPROFIT ORGANIZATIONS ;
(VI) P
ROVIDING CLOUD-BASED ELECTRONIC STORAGE , INCLUDING
CLOUD
-BASED STORAGE THAT ALLOWS COLLABORATIVE EDITING BY INVITED
USERS
;
(VII) F
ACILITATING TELECONFERENCING AND VIDEO CONFERENCING
FEATURES THAT ARE LIMITED TO CERTAIN PARTICIPANTS IN THE
TELECONFERENCE OR VIDEO CONFERENCE AND ARE NOT POSTED PUBLICLY
OR FOR BROAD DISTRIBUTION TO OTHER USERS
;
(VIII) F
ACILITATING CROWDSOURCED CONTENT FOR REFERENCE
GUIDES
, SUCH AS ENCYCLOPEDIAS , EDUCATIONAL MATERIALS , AND
DICTIONARIES
;
(IX) F
ACILITATING ONLINE SHOPPING OR E -COMMERCE IF THE
RELATED INTERACTIONS BETWEEN USERS OR ACCOUNT HOLDERS ARE
LIMITED TO
:
(A) T
HE ABILITY TO POST AND VIEW COMMENTS AS PART OF RATINGS
AND REVIEWS OF PRODUCTS
;
(B) T
HE ABILITY TO DISPLAY LISTS OR COLLECTIONS OF GOODS FOR
SALE OR WISH LISTS
; AND
(C) OTHER FUNCTIONS THAT ARE FOCUSED ON ONLINE SHOPPING OR
E
-COMMERCE RATHER THAN OTHER INTERACTIONS BETWEEN USERS OR
ACCOUNT HOLDERS
;
(X) P
ROVIDING A STREAMING SERVICE THAT :
(A) S
TREAMS ONLY LICENSED AND NOT USER -GENERATED MEDIA IN
A CONTINUOUS FLOW FROM THE SERVICE
, WEBSITE, OR APPLICATION TO THE
END USER
; AND
(B) DOES NOT REQUIRE A USER OR ACCOUNT HOLDER TO OBTAIN A
LICENSE TO THE MEDIA BY AGREEMENT TO THE SERVICE
'S OR APPLICATION'S
TERMS OF SERVICE
;
(XI) P
ROVIDING NEWS, SPORTS, ENTERTAINMENT, OR OTHER
PAGE 7-SENATE BILL 25-086 CONTENT THAT IS PRESELECTED BY THE PROVIDER AND NOT
USER
-GENERATED;
(XII) P
ROVIDING AN ONLINE SERVICE, WEBSITE, OR APPLICATION
THAT IS USED BY OR UNDER THE DIRECTION OF AN EDUCATIONAL ENTITY
,
INCLUDING A LEARNING MANAGEMENT SYSTEM , A STUDENT ENGAGEMENT
PROGRAM
, OR A SUBJECT- OR SKILL-SPECIFIC PROGRAM, WHERE THE
CONTENT IS PREDOMINANTLY CREATED OR POSTED BY THE PROVIDER OF THE
ONLINE SERVICE
, WEBSITE, OR APPLICATION AND THE ABILITY TO CHAT ,
COMMENT, OR INTERACT WITH OTHER USERS IS DIRECTLY RELATED TO THE
PROVIDER
'S CONTENT;
(XIII) P
ROVIDING OR OBTAINING TECHNICAL SUPPORT FOR A
SOFTWARE PLATFORM
, PRODUCT, OR SERVICE;
(XIV) P
ROVIDING CAREER DEVELOPMENT OPPORTUNITIES ,
INCLUDING PROFESSIONAL NETWORKING , JOB SKILLS, LEARNING
CERTIFICATIONS
, AND JOB POSTING AND APPLICATION SERVICES ;
(XV) F
ACILITATING ACADEMIC OR SCHOLARLY RESEARCH ; OR
(XVI) REPORTING OR DISSEMINATING NEWS INFORMATION FOR A
MASS MEDIUM
, AS DEFINED IN SECTION 13-90-119 (1)(a).
(c) "S
OCIAL MEDIA PLATFORM " DOES NOT INCLUDE AN
INTERNET
-BASED SERVICE OR APPLICATION IF:
(I) T
HE CONTENT THAT IS POSTED OR CREATED IS PREDOMINANTLY
POSTED OR CREATED BY THE PROVIDER OF THE INTERNET
-BASED SERVICE OR
APPLICATION AND NOT USER
-GENERATED; AND
(II) THE ABILITY TO CHAT, COMMENT, OR INTERACT WITH OTHER
USERS IS DIRECTLY RELATED TO THE PROVIDER
'S CONTENT.
(17) "S
UBJECT USE" MEANS THE USE OF A SOCIAL MEDIA PLATFORM
FOR
:
(a) T
HE SALE OR ADVERTISEMENT OF AN ILLICIT SUBSTANCE ;
(b) T
HE SALE OF A FIREARM IN VIOLATION OF STATE OR FEDERAL
PAGE 8-SENATE BILL 25-086 LAW;
(c) S
EX TRAFFICKING OF A MINOR; OR
(d) THE POSSESSION, DISPLAY, EXCHANGE, DISTRIBUTION, SALE, OR
CREATION OF
, OR THE INDUCEMENT TO CREATE , SEXUALLY EXPLOITATIVE
MATERIAL
.
6-1-1602. [Formerly 6-1-1601] Social media platform - minor
users - standards. (1) On or after January 1, 2026, a social media platform
must establish
INCLUDE a function that either:
(a) Meets the criteria in subsection (2) of this section and be IS
informed by the standards established in subsection (5) (4) of this section;
or
(b) Displays a pop-up or full screen notification to a user who attests
to being under the age of eighteen YEARS OF AGE when the user:
(I) Has spent one cumulative hour on the social media platform
during a twenty-four-hour period; or
(II) Is on a social media platform between the hours of 10 p.m. and
6 a.m.
(2) The function established pursuant to subsection (1) of this
section must provide users who are under the age of eighteen YEARS OF AGE
with information about their engagement in social media that helps the user understand the impact of social media on the developing brain and the mental and physical health of youth
MINOR users. The information must be
supported by data from peer-reviewed scholarly articles or the sources
included in the mental health and technology resource bank established in
section 22-2-127.8 (1).
(3) If the social media platform establishes the function described
in subsection (1)(b) of this section, the function must repeat at least every
thirty minutes after the initial notification.
(4) (a) As used in this section, "social media platform" means an
internet-based service, website, or application that:
PAGE 9-SENATE BILL 25-086 (I) Has more than one hundred thousand active users in Colorado;
(II) Permits a person to become a registered user, establish an
account, or create a public or semipublic profile for the purpose of allowing
users to create, share, and view user-generated content through the account
or profile;
(III) Enables one or more users to create or post content that can be
viewed by other users of the medium; and
(IV) Includes a substantial function to allow users to interact
socially with each other within the service or application. A service or
application that provides electronic mail or direct messaging services does
not meet the criterion described in this subsection (4) on the basis of that
function alone.
(b) "Social media platform" does not include an internet-based
service or application in which the predominant or exclusive function is:
(I) Providing electronic mail;
(II) Facilitating commercial transactions, if the interaction with
other users or account holders is generally limited to:
(A) The ability to upload a post and comment on reviews or the
ability to display lists or collections of goods for sale or wish lists; and
(B) The primary function of the platform is focused on online
shopping or e-commerce rather than interactions between users or account
holders;
(III) Facilitating teleconferencing and video conferencing features
that are limited to certain participants in the teleconference or video
conference and are not posted publicly or for broad distribution to other
users;
(IV) Facilitating crowd-sourced content for reference guides such
as encyclopedias and dictionaries;
(V) Providing cloud-based electronic services, including
PAGE 10-SENATE BILL 25-086 cloud-based services that allow collaborative editing by invited users;
(VI) Consisting primarily of news, sports, entertainment, or other
content that is preselected by the provider and not user generated and any
chat, comment, or interactive functionality that is provided incidental to,
directly related to, or dependent upon provision of the content;
(VII) Interactive gaming, virtual gaming, or an online service that
allows the creation and uploading of content for the purpose of interactive
or virtual gaming;
(VIII) Providing information concerning businesses, products, or
travel information, including user reviews or rankings of businesses or
products;
(IX) Facilitating communication within a business or an enterprise
among employees or affiliates of the business or enterprise, so long as
access to the service or application is restricted to employees or affiliates of
the business or enterprise;
(X) Selling enterprise software to businesses, governments, or
nonprofit organizations;
(XI) Providing a streaming service that streams only licensed media
in a continuous flow from the service, website, or application to the end
user and does not require a user or account holder to obtain a license for the
media by agreement with a social media platform's terms of service;
(XII) Providing an online service, website, or application that is
used by or under the direction of an educational entity, including a learning
management system, a student engagement program, or a subject- or
skill-specific program, for which the majority of the content is created or
posted by the provider of the online service, website, or application and the
ability to chat, comment, or interact with other users is directly related to the
provider's content;
(XIII) Providing or obtaining technical support for a platform,
product, or service;
(XIV) Providing career development opportunities, including
PAGE 11-SENATE BILL 25-086 professional networking, job skills, learning certifications, and job posting
and application services;
(XV) Focused on facilitating academic or scholarly research; or
(XVI) Reporting or disseminating news information for a mass
medium, as defined in section 13-90-119.
(5) (4) The chief information officer in the office of information
technology, in consultation with the director of the center for health and
environmental data division of the Colorado
department of public health
and environment and the temporary stakeholder group established in section
22-2-127.8, shall establish standards for a user tool or function that meets
the requirements of subsection (1) of this section for a social media
platform. The standards must:
(a) Recommend intervals for notification frequency that are similar
to those in subsection (3) of this section;
(b) Provide sample messaging for the content of the notification;
(c) Be informed by data and research on the efficacy of
notifications; and
(d) Recommend the age range of users who would most benefit
from notifications.
(5) N
OTWITHSTANDING SECTION 6-1-1601 (16), AS USED IN THIS
SECTION
, "SOCIAL MEDIA PLATFORM " DOES NOT INCLUDE AN
INTERNET
-BASED SERVICE OR APPLICATION IF THE PREDOMINANT OR
EXCLUSIVE FUNCTION OF THE SERVICE OR APPLICATION IS INTERACTIVE
GAMING
, VIRTUAL GAMING, OR ALLOWING FOR THE CREATION AND
UPLOADING OF CONTENT FOR THE PURPOSE OF INTERACTIVE OR VIRTUAL
GAMING
.
6-1-1603. Social media companies - published policies - required
disclosures. (1) O
N OR BEFORE JULY 1, 2026, A SOCIAL MEDIA COMPANY
SHALL POST PUBLISHED POLICIES FOR EACH SOCIAL MEDIA PLATFORM OWNED
OR OPERATED BY THE SOCIAL MEDIA COMPANY
. THE PUBLISHED POLICIES
MUST BE POSTED IN A CLEAR AND CONSPICUOUS MANNER REASONABLY
PAGE 12-SENATE BILL 25-086 DESIGNED TO INFORM ALL USERS OF THE SOCIAL MEDIA PLATFORM OF THE
EXISTENCE AND CONTENTS OF THE PUBLISHED POLICIES
. AFTER THE INITIAL
POSTING OF THE PUBLISHED POLICIES
, A SOCIAL MEDIA COMPANY SHALL POST
ANY MATERIAL UPDATES TO THE PUBLISHED POLICIES WITHIN FOURTEEN
DAYS AFTER THE IMPLEMENTATION OF THE UPDATED PUBLISHED POLICIES
.
(2) T
HE PUBLISHED POLICIES POSTED PURSUANT TO SUBSECTION (1)
OF THIS SECTION MUST INCLUDE:
(a) C
ONTACT INFORMATION OR A DESCRIPTION OF THE PROCESS THAT
ALLOWS A USER TO ASK THE SOCIAL MEDIA COMPANY QUESTIONS ABOUT
, OR
REPORT VIOLATIONS OF
, THE PUBLISHED POLICIES;
(b) A
DESCRIPTION OF THE PROCESS THAT A USER MUST FOLLOW TO
FLAG CONTENT
, ACTIVITY, GROUPS, OR OTHER USERS THAT THE USER
BELIEVES VIOLATE THE PUBLISHED POLICIES
;
(c) A
DESCRIPTION OF THE SOCIAL MEDIA COMPANY 'S PROCESS TO
RESPOND TO AND RESOLVE USER QUESTIONS
, REPORTS, AND FLAGS AS
DESCRIBED IN SUBSECTIONS
(2)(e) AND (2)(f) OF THIS SECTION. IF
APPLICABLE
, THIS DESCRIPTION MUST INCLUDE INFORMATION ABOUT THE
PROCESS BY WHICH THE SOCIAL MEDIA COMPANY INFORMS A REPORTING
USER OF THE ACTION TAKEN IN RESPONSE TO THE USER
'S QUESTION, REPORT,
OR FLAG.
(d) A
DESCRIPTION OF THE SOCIAL MEDIA PLATFORM'S RESTRICTIONS
ON THE USE OF THE SOCIAL MEDIA PLATFORM AS TO SUBJECT USES
;
(e) A
DESCRIPTION OF THE SOCIAL MEDIA COMPANY 'S PROCESS FOR
ENFORCING ITS PUBLISHED POLICIES AS TO SUBJECT USES AND THE
POTENTIAL CONSEQUENCES OF VIOLATING THE PUBLISHED POLICIES AS TO
SUBJECT USES
, WHICH DESCRIPTION INCLUDES:
(I) A
CTIONS THE SOCIAL MEDIA COMPANY MAY TAKE AGAINST AN
ITEM OF CONTENT
, A GROUP, OR A USER, INCLUDING ACTIONS DESCRIBED IN
SECTION
6-1-1607; AND
(II) DETAILS CONCERNING:
(A) W
HAT ACTIONS THE SOCIAL MEDIA COMPANY MAY TAKE IN
PAGE 13-SENATE BILL 25-086 RESPONSE TO ACTIVITY THAT VIOLATES A PUBLISHED POLICY ON SUBJECT
USES
, INCLUDING WHETHER AND HOW THOSE ACTIONS MAY VARY WHEN
MULTIPLE VIOLATIONS OF A PUBLISHED POLICY OR POLICIES OCCUR
; AND
(B) HOW MANY VIOLATIONS OF A PUBLISHED POLICY CONCERNING
A SUBJECT USE ARE REQUIRED TO RESULT IN A SPECIFIC ACTION
;
(f) A
DESCRIPTION OF WHEN VIOLATIONS OF PUBLISHED POLICIES ARE
REPORTED TO LAW ENFORCEMENT FOR INVESTIGATION AND POTENTIAL
PROSECUTION
, INCLUDING A DESCRIPTION OF WHEN AND HOW SUBJECT USES
WILL BE REPORTED TO LAW ENFORCEMENT AND IN WHAT FORMAT THIS
INFORMATION WILL BE PROVIDED
; AND
(g) A LIST OF THE LANGUAGES IN WHICH THE PUBLISHED POLICIES
ARE AVAILABLE
.
6-1-1604. Social media companies - published policies and
violations report required. (1) O
N AN ANNUAL BASIS IN ACCORDANCE
WITH SECTION
6-1-1606, A SOCIAL MEDIA COMPANY SHALL SUBMIT TO THE
DEPARTMENT OF LAW
, IN A MACHINE-READABLE AND OPEN FORMAT , A
REPORT THAT INCLUDES
, FOR EACH SOCIAL MEDIA PLATFORM OWNED OR
OPERATED BY THE SOCIAL MEDIA COMPANY
:
(a) T
HE CURRENT VERSION OF THE PUBLISHED POLICIES OF THE
SOCIAL MEDIA PLATFORM
;
(b) I
F A SOCIAL MEDIA COMPANY HAS FILED ITS FIRST REPORT , A
COMPLETE AND DETAILED DESCRIPTION OF ANY CHANGES TO THE PUBLISHED
POLICIES SINCE THE PREVIOUS REPORT
;
(c) A
STATEMENT OF WHETHER THE CURRENT VERSION OF THE
PUBLISHED POLICIES CONTAINS DEFINITIONS AND PROVISIONS RELATING TO
SUBJECT USES
;
(d) F
OR THE PRECEDING CALENDAR YEAR , DATA PERTAINING TO
EACH CATEGORY OF SUBJECT USES FROM USERS BASED IN THE
UNITED
STATES AS TO:
(I) T
HE TOTAL NUMBER OF INSTANCES IN WHICH THE SOCIAL MEDIA
COMPANY WAS ALERTED TO ILLEGAL CONTENT
, ILLEGAL ACTIVITY, OR
PAGE 14-SENATE BILL 25-086 POTENTIALLY PUBLISHED -POLICY-VIOLATING CONTENT OR ACTIVITY ,
DISAGGREGATED BY:
(A) T
HE FORM OF THE ALERT, INCLUDING BY USER COMPLAINT OR
DETECTION BY THE SOCIAL MEDIA COMPANY OR SOCIAL MEDIA PLATFORM
;
AND
(B) THE PERCENTAGE OF SUCH CONTENT OR ACTIVITY THAT WAS
ULTIMATELY ACTIONED
;
(II) T
HE NUMBER OF ACCOUNTS ACTIONED FOR VIOLATING A
PUBLISHED POLICY AS TO SUBJECT USES
, DISAGGREGATED BY:
(A) T
HE NUMBER OF DAYS BETWEEN DETECTION OF THE VIOLATION
AND THE SUSPENSION OR REMOVAL OF EACH ACCOUNT
; AND
(B) THE AGE CATEGORY OF THE OPERATOR OF THE SUSPENDED OR
REMOVED ACCOUNT
;
(III) W
HETHER THE ACCOUNT AND VIOLATIVE CONTENT OR ACTIVITY
WAS REFERRED TO LAW ENFORCEMENT
;
(IV) T
HE TOTAL NUMBER OF ACTIONED ITEMS OF CONTENT ,
DISAGGREGATED BY TYPE OF ACTION ;
(V) T
HE DISTRIBUTION OF VIEWS OF ACTIONED ITEMS OF CONTENT BY
AGE CATEGORY AND BY SUBJECT USE
;
(VI) T
HE NUMBER OF INSTANCES IN WHICH A USER APPEALED A
DECISION TO REMOVE THE USER
'S ACTIONED CONTENT OR REMOVE OR
SUSPEND THE USER
'S ACCOUNT AND THE PERCENTAGE OF APPEALS THAT
RESULTED IN THE RESTORATION OF CONTENT OR AN ACCOUNT
;
(VII) T
HE NUMBER OF USERS REFERRED TO LAW ENFORCEMENT ,
DISAGGREGATED BY AGE CATEGORY ; AND
(VIII) THE NUMBER OF REQUESTS FROM COLORADO LAW
ENFORCEMENT AGENCIES FOR USER DATA
, DISAGGREGATED BY THE
RESPONSE TIME FOR EACH REQUEST
; AND
PAGE 15-SENATE BILL 25-086 (e) A GENERAL DESCRIPTION OF THE SOCIAL MEDIA PLATFORM 'S
PUBLISHED POLICIES REGARDING THE AGE OF USERS AND HOW THE SOCIAL
MEDIA PLATFORM VERIFIES USERS
' AGES, HOW THE SOCIAL MEDIA COMPANY
THAT OPERATES THE SOCIAL MEDIA PLATFORM RESPONDS TO USER REPORTS
OF POTENTIAL VIOLATIONS
, AND WHAT ACTION IS TAKEN WHEN A USER IS
FOUND TO HAVE VIOLATED THE SOCIAL MEDIA PLATFORM
'S PUBLISHED
POLICIES REGARDING AGE
, INCLUDING:
(I) T
HE TOTAL NUMBER OF USERS THE SOCIAL MEDIA PLATFORM
IDENTIFIED
, EITHER THROUGH USERS, EMPLOYEES, OR AUTOMATED MEANS,
WHO DID NOT PROVIDE THEIR TRUE AGES TO THE SOCIAL MEDIA PLATFORM
OR WHO OTHERWISE VIOLATED THE SOCIAL MEDIA PLATFORM
'S PUBLISHED
POLICIES REGARDING AGE
; AND
(II) THE SOCIAL MEDIA COMPANY'S RESPONSE TO USERS IDENTIFIED
AS HAVING NOT PROVIDED THEIR TRUE AGES OR OTHERWISE VIOLATING THE
SOCIAL MEDIA PLATFORM
'S PUBLISHED POLICIES REGARDING AGE, INCLUDING
THE TOTAL NUMBER OF USER ACCOUNTS THAT WERE ACTIONED BY THE
SOCIAL MEDIA COMPANY AND A BREAKDOWN BY PERCENTAGES OF THE
ACTIONS TAKEN
.
(2) O
N AN ANNUAL BASIS IN ACCORDANCE WITH SECTION 6-1-1606,
A SOCIAL MEDIA COMPANY SHALL SUBMIT TO THE DEPARTMENT OF LAW , IN
A MACHINE
-READABLE AND OPEN FORMAT , A REPORT THAT INCLUDES, FOR
EACH SOCIAL MEDIA PLATFORM OWNED OR OPERATED BY THE SOCIAL MEDIA
COMPANY
:
(a) T
HE TOTAL NUMBER OF COLORADO-BASED USERS OR ACCOUNT
HOLDERS ON THE SOCIAL MEDIA PLATFORM
; AND
(b) WHETHER A COLORADO-BASED USER'S ACCOUNT OR VIOLATIVE
CONTENT WAS SHARED WITH LAW ENFORCEMENT AND
, IF SO, WHICH SUBJECT
USE OR SUBJECT USES WERE INVOLVED
.
(3) I
N SATISFYING THE REPORTING REQUIREMENTS DESCRIBED IN
SUBSECTIONS
(1) AND (2) OF THIS SECTION, A SOCIAL MEDIA COMPANY SHALL
CERTIFY THAT ALL REASONABLE EFFORTS HAVE BEEN MADE TO PROVIDE
COMPLETE
, TRUE, AND ACCURATE INFORMATION IN FULFILLMENT OF THE
REQUIREMENTS OF THIS SECTION
.
PAGE 16-SENATE BILL 25-086 6-1-1605. Social media companies - minor usage report
required. (1) O
N AN ANNUAL BASIS IN ACCORDANCE WITH SECTION
6-1-1606, A SOCIAL MEDIA COMPANY SHALL MAKE PUBLICLY AVAILABLE , IN
A MACHINE
-READABLE AND OPEN FORMAT AND IN A LOCATION THAT IS
EASILY ACCESSIBLE
, A REPORT THAT INCLUDES, FOR EACH SOCIAL MEDIA
PLATFORM OWNED OR OPERATED BY THE SOCIAL MEDIA COMPANY
, THE
FOLLOWING DATA CONCERNING HOW MINORS IN THE
UNITED STATES USED
THE SOCIAL MEDIA PLATFORM DURING THE PRECEDING YEAR
,
DISAGGREGATED BY AGE CATEGORY AND GENDER BOTH FOR ALL USERS IN
THE
UNITED STATES AND FOR ALL USERS IN COLORADO:
(a) T
HE TOTAL NUMBER OF MINOR USERS WHO USED THE SOCIAL
MEDIA PLATFORM
;
(b) T
HE DISTRIBUTION OF MINOR USERS WHO SPEND AT LEAST ONE
HOUR PER DAY ON THE SOCIAL MEDIA PLATFORM
, REPORTED IN ONE-HOUR
INCREMENTS
, FROM ONE HOUR THROUGH TWENTY -FOUR HOURS;
(c) T
HE DISTRIBUTION OF MINOR USERS WHO SPEND MORE THAN
THIRTY MINUTES ON THE SOCIAL MEDIA PLATFORM BETWEEN THE HOURS OF
10 P.M. AND 6 A.M., REPORTED IN THIRTY-MINUTE INCREMENTS;
(d) O
N AVERAGE, HOW MANY NOTIFICATIONS WERE SENT WITH
RESPECT TO THE TENTH
, TWENTY-FIFTH, FIFTIETH, SEVENTY-FIFTH,
NINETIETH, NINETY-NINTH, AND NINETY -NINE AND NINE -TENTHS
PERCENTILES OF MINOR USERS DURING EACH HOUR BETWEEN THE HOURS OF
8 A.M. AND 3 P.M.;
(e) O
N AVERAGE, HOW MANY NOTIFICATIONS WERE SENT WITH
RESPECT TO THE TENTH
, TWENTY-FIFTH, FIFTIETH, SEVENTY-FIFTH,
NINETIETH, NINETY-NINTH, AND NINETY -NINE AND NINE -TENTHS
PERCENTILES OF MINOR USERS DURING EACH HOUR BETWEEN THE HOURS OF
10 P.M. AND 6 A.M.;
(f) T
HE ONE HUNDRED PIECES OF PUBLIC CONTENT MOST
FREQUENTLY VIEWED BY MINOR USERS EACH MONTH
, INCLUDING
HYPERLINKS TO EACH PIECE OF CONTENT
;
(g) T
HE TOTAL NUMBER OF MINOR USERS WHO HAVE VIEWED ,
COMMENTED ON, SHARED, OR OTHERWISE INTERACTED WITH ACTIONED
PAGE 17-SENATE BILL 25-086 CONTENT THAT WAS FOUND TO VIOLATE THE SOCIAL MEDIA PLATFORM 'S
PUBLISHED POLICIES
, DISAGGREGATED BY PUBLISHED POLICY VIOLATION
TYPE AND BY SUBJECT USE
;
(h) A
LIST OF MINOR SAFETY TOOLS MADE AVAILABLE BY THE SOCIAL
MEDIA PLATFORM
, NOTING WHICH TOOLS ARE ENABLED BY DEFAULT AND
THE TOTAL NUMBER AND PERCENTAGE OF MINOR USERS WHO HAVE EACH
TOOL ENABLED
; AND
(i) IF THE SOCIAL MEDIA PLATFORM MAKES AVAILABLE THE ABILITY
TO LINK A PARENT OR FAMILY ACCOUNT
, THE PERCENTAGE OF MINOR USERS
WHO HAVE LINKED THEIR ACCOUNT TO SUCH A PARENT OR FAMILY ACC OUNT
.
(2) I
N SATISFYING THE REPORTING REQUIREMENT DESCRIBED IN
SUBSECTION
(1) OF THIS SECTION, A SOCIAL MEDIA COMPANY SHALL CERTIFY
THAT ALL REASONABLE EFFORTS HAVE BEEN MADE TO PROVIDE COMPLETE
,
TRUE, AND ACCURATE INFORMATION IN FULFILLMENT OF THE REQUIREMENTS
OF THIS SECTION
.
6-1-1606. Timing of reports - public disclosures - commercially
reasonable efforts. (1) T
HE FIRST SUBMISSION OF REPORTS BY A SOCIAL
MEDIA COMPANY MADE PURSUANT TO SECTION
6-1-1604 (1) AND (2) AND
THE FIRST PUBLIC DISCLOSURE OF REPORTS BY A SOCIAL MEDIA COMPANY
MADE PURSUANT TO SECTION
6-1-1605 (1) SHALL OCCUR NO LATER THAN
ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS PART
16,
AS AMENDED. THEREAFTER, REPORTS SHALL BE SUBMITTED NO LATER THAN
FEBRUARY 1 OF EACH YEAR.
(2) E
ACH REPORT SUBMITTED PURSUANT TO SECTION 6-1-1604 (1)
AND (2) MAY BE MADE AVAILABLE TO THE PUBLIC AT THE ATTORNEY
GENERAL
'S DISCRETION.
(3) I
N SATISFYING THE REPORTING REQUIREMENTS DESCRIBED IN
SECTIONS
6-1-1604 AND 6-1-1605, A SOCIAL MEDIA COMPANY SHALL MAKE
COMMERCIALLY REASONABLE EFFORTS TO IDENTIFY THE AGE CATEGORIES
OF USERS
. FOR THE PURPOSES OF THIS SUBSECTION (3), THE USE OF CURRENT
TECHNOLOGY FOR AGE ESTIMATION
, AGE ASSURANCE , ADVERTISING
TARGETING
, OR PLATFORM MEASUREMENT IS CONSIDERED A COMMERCIALLY
REASONABLE EFFORT
.
PAGE 18-SENATE BILL 25-086 6-1-1607. Social media companies and social media platforms -
removal of users for prohibited activity. (1) E
XCEPT AS DESCRIBED IN
SUBSECTION
(3) OF THIS SECTION, UPON THE DETECTION BY A SOCIAL MEDIA
PLATFORM OR SOCIAL MEDIA COMPANY
, OR UPON THE NOTIFICATION TO A
SOCIAL MEDIA PLATFORM OR SOCIAL MEDIA COMPANY BY A USER
, A PARENT
OF A MINOR USER
, A VISITOR, OR A COLORADO LAW ENFORCEMENT AGENT ,
THAT A USER OF A SOCIAL MEDIA PLATFORM ENGAGES IN ONE OR MORE
SUBJECT USES
, THE SOCIAL MEDIA COMPANY THAT OPERATES THE SOCIAL
MEDIA PLATFORM SHALL
:
(a) I
N THE CASE OF A NOTIFICATION , DETERMINE WITHIN
FORTY
-EIGHT HOURS WHETHER IT IS A FALSE REPORT OR ALLEGATION ;
(b) F
OR NOTIFICATIONS THAT REQUIRE FURTHER INVESTIGATION ,
AND FOR ALL INSTANCES OF DETECTION BY A SOCIAL MEDIA PLATFORM OR
SOCIAL MEDIA COMPANY
, DETERMINE WITHIN TEN DAYS AFTER DETECTION
OR NOTIFICATION WHETHER THE USER VIOLATED THE SOCIAL MEDIA
PLATFORM
'S PUBLISHED POLICIES OR STATE LAW. DURING THIS PERIOD, A
SOCIAL MEDIA COMPANY SHALL
:
(I) S
USPEND THE USER'S ACCOUNT SUCH THAT THE USER CANNOT
ACCESS OR UTILIZE THE SOCIAL MEDIA PLATFORM
; AND
(II) USE ALL AVAILABLE METHODS AND TECHNOLOGY TO PREVENT
THE USER FROM OPERATING
, REGISTERING, ESTABLISHING, OR OPENING AN
ACCOUNT OR PROFILE ON THE SOCIAL MEDIA PLATFORM
;
(c) I
F THE SOCIAL MEDIA COMPANY DETERMINES THAT THE USER
VIOLATED THE SOCIAL MEDIA PLATFORM
'S PUBLISHED POLICIES OR STATE
LAW
, TERMINATE THE USER'S ACCOUNT ON THE SOCIAL MEDIA PLATFORM
WITHIN TWENTY
-FOUR HOURS AFTER THE DETERMINATION IS MADE AND USE
ALL AVAILABLE METHODS AND TECHNOLOGY TO PREVENT THE USER FROM
OPERATING
, REGISTERING, ESTABLISHING, OR OPENING AN ACCOUNT OR
PROFILE ON THE SOCIAL MEDIA PLATFORM
; AND
(d) IF THE SOCIAL MEDIA COMPANY DETERMINES THAT THE USER DID
NOT VIOLATE THE SOCIAL MEDIA PLATFORM
'S PUBLISHED POLICIES OR STATE
LAW
, RESTORE THE USER'S ACCESS TO THE SOCIAL MEDIA PLATFORM AFTER
SUCH DETERMINATION IS MADE
.
PAGE 19-SENATE BILL 25-086 (2) A SOCIAL MEDIA COMPANY SHALL :
(a) I
MPLEMENT A REVIEW PROCESS ALLOWING A USER TO APPEAL A
DETERMINATION DESCRIBED IN SUBSECTION
(1) OF THIS SECTION; AND
(b) REVIEW AN APPEAL AND MAKE A DETERMINATION CONCERNING
THE APPEAL WITHIN FOURTEEN CALENDAR DAYS AFTER THE USER REQUESTS
AN APPEAL
.
(3) A
SOCIAL MEDIA PLATFORM MAY ALLOW A USER TO SELL OR
ADVERTISE MEDICAL MARIJUANA OR RETAIL MARIJUANA TO USERS WHO ARE
AT LEAST TWENTY
-ONE YEARS OF AGE SO LONG AS THE SALE OR
ADVERTISING COMPLIES WITH ANY RULES ADOPTED PURSUANT TO SECTION
44-10-203 (3)(a).
6-1-1608. Social media contact process - search warrants -
deadline for compliance - extension of deadline - applicability. (1) A
SOCIAL MEDIA COMPANY SHALL ENSURE THAT EACH OF ITS SOCIAL MEDIA
PLATFORMS PROVIDES A STREAMLINED PROCESS TO ALLOW
COLORADO LAW
ENFORCEMENT AGENCIES TO CONTACT THE SOCIAL MEDIA COMPANY
, WHICH
PROCESS DOES AT LEAST THE FOLLOWING
:
(a) M
AKES AVAILABLE A STAFFED HOTLINE FOR COLORADO LAW
ENFORCEMENT AGENCY PERSONNEL FOR PURPOSES OF
:
(I) R
ECEIVING AND RESPONDING TO QUESTIONS ABOUT SEARCH
WARRANTS
;
(II) A
CKNOWLEDGING RECEIPT OF A SEARCH WARRANT ; AND
(III) PROVIDING STATUS UPDATES ON SEARCH WARRANT
COMPLIANCE TO A REQUESTING
COLORADO LAW ENFORCEMENT AGENCY ;
(b) I
NCLUDES A METHOD TO PROVIDE REGULAR STATUS UPDATES TO
A REQUESTING
COLORADO LAW ENFORCEMENT AGENCY IN RESPONSE TO A
QUESTION PERTAINING TO A SEARCH WARRANT
, AN ACKNOWLEDGMENT OF
RECEIPT OF A SEARCH WARRANT
, OR THE STATUS OF FULFILLING THE
REQUEST OF A SEARCH WARRANT
; AND
(c) PROVIDES CONTINUOUS AVAILABILITY OF THE PROCESS TO
PAGE 20-SENATE BILL 25-086 COLORADO LAW ENFORCEMENT AGENCIES .
(2) E
XCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION OR ANY
OTHER LAW
, INCLUDING SECTION 32 OF ARTICLE II OF THE STATE
CONSTITUTION
; THE "COLORADO PRIVACY ACT", PART 13 OF THIS ARTICLE
1; SECTION 16-3-301 (4); AND THE "REPRODUCTIVE HEALTH EQUITY ACT",
PART 4 OF ARTICLE 6 OF TITLE 25, A SOCIAL MEDIA COMPANY SHALL COMPLY
WITH A SEARCH WARRANT WITHIN SEVENTY
-TWO HOURS AFTER RECEIVING
THE SEARCH WARRANT IF ALL OF THE FOLLOWING APPLY
:
(a) T
HE SEARCH WARRANT IS PROVIDED TO THE SOCIAL MEDIA
COMPANY BY A
COLORADO LAW ENFORCEMENT AGENCY ;
(b) T
HE SUBJECT OF THE SEARCH WARRANT IS INFORMATION
ASSOCIATED WITH AN ACCOUNT ON A SOCIAL MEDIA PLATFORM OPERATED
BY THE SOCIAL MEDIA COMPANY
; AND
(c) THE INFORMATION IS CONTROLLED BY A USER OF THE SOCIAL
MEDIA PLATFORM
.
(3) A
COURT MAY REASONABLY EXTEND THE TIME REQUIRED TO
COMPLY WITH A SEARCH WARRANT PURSUANT TO SUBSECTION
(2) OF THIS
SECTION IF THE COURT MAKES A WRITTEN FINDING THAT THE SOCIAL MEDIA
COMPANY HAS SHOWN GOOD CAUSE FOR THE EXTENSION AND THAT AN
EXTENSION WOULD NOT CAUSE AN ADVERSE RESULT
, AS DEFINED IN 18
U.S.C.
SEC. 2705 (a)(2).
(4) T
HIS SECTION DOES NOT APPLY TO A SOCIAL MEDIA PLATFORM
WITH FEWER THAN ONE MILLION DISCRETE MONTHLY USERS
.
6-1-1609. Violations - unfair or deceptive trade practice. A
PERSON THAT KNOWINGLY OR RECKLESSLY VIOLATES THIS PART 16 COMMITS
A DECEPTIVE TRADE PRACTICE
, AS DESCRIBED IN SECTION 6-1-105 (1)(iiii).
6-1-1610. Duties and obligations not exclusive - remedies not
exclusive. (1) T
HE DUTIES AND OBLIGATIONS IMPOSED BY THIS PART 16 ARE
IN ADDITION TO ANY OTHER DUTIES OR OBLIGATIONS IMPOSED UNDER LOCAL
,
STATE, OR FEDERAL LAW, AND THIS PART 16 DOES NOT RELIEVE ANY PARTY
FROM ANY DUTIES OR OBLIGATIONS IMPOSED UNDER LAW
.
PAGE 21-SENATE BILL 25-086 (2) THE REMEDIES OR PENALTIES PROVIDED BY THIS PART 16 ARE IN
ADDITION TO ANY OTHER REMEDIES OR PENALTIES AVAILABLE UNDER
LOCAL
, STATE, OR FEDERAL LAW.
6-1-1611. Severability. I
F ANY PROVISION OF THIS PART 16 OR THE
APPLICATION OF THIS PART
16 TO ANY PERSON OR CIRCUMSTANCE IS HELD
INVALID
, SUCH INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR
APPLICATIONS OF THIS PART
16 THAT CAN BE GIVEN EFFECT WITHOUT THE
INVALID PROVISION OR APPLICATION
, AND TO THIS END THE PROVISIONS OF
THIS PART
16 ARE DECLARED TO BE SEVERABLE.
6-1-1612. Rules. T
HE ATTORNEY GENERAL MAY ADOPT RULES FOR
THE PURPOSE OF CARRYING OUT THIS PART
16.
SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(iiii)
as follows:
6-1-105. Unfair or deceptive trade practices - definitions. (1) A
person engages in a deceptive trade practice when, in the course of the
person's business, vocation, or occupation, the person:
(iiii) K
NOWINGLY OR RECKLESSLY VIOLATES PART 16 OF THIS
ARTICLE
1.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 22-SENATE BILL 25-086 November 2026 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
James Rashad Coleman, Sr. Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Esther van Mourik Vanessa Reilly
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 23-SENATE BILL 25-086