SB 25-201
Fiscal Note
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
SB 25-201: REQUIRE AGE CHECKS FOR ONLINE SEXUAL MATERIALS
Prime Sponsors:
Sen. Lundeen; Daugherty
Rep. Lukens; Lindsay
Published for: Senate Health & Human Services
Drafting number: LLS 25-0808
Fiscal Analyst:
John Armstrong, 303-866-6289
john.armstrong@coleg.gov
Version: Initial Fiscal Note
Date: March 26, 2025
Fiscal note status: The fiscal note reflects the introduced bill. Due to time constraints, this fiscal note is
preliminary and may be updated to reflect additional information received.
Summary Information
Overview. The bill requires websites with sexually explicit content to verify the age of users before
allowing access to their materials.
Types of impacts. The bill is projected to affect the following areas on an ongoing basis:
Minimal State Revenue
Minimal State Workload
Local Government
Appropriations. No appropriation is required.
Table 1
State Fiscal Impacts
Type of Impact
Budget Year
FY 2025-26
Out Year
FY 2026-27
State Revenue $0 $0
State Expenditures $0 $0
Transferred Funds $0 $0
Change in TABOR Refunds $0 $0
Change in State FTE 0.0 FTE 0.0 FTE
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March 26, 2025 SB 25-201
Summary of Legislation
Beginning July, 1, 2026, the bill requires websites that earn profits by distributing sexually
explicit material to:
verify the age of consumers before allowing access to their website;
prevent minors from accessing these materials; and
have an independent auditor review their age verification procedures annually, and provide
a method for a potential user to appeal the determination of their age.
Age verification must use an independently certified and commercially available technology that
is effective in determining the potential user is not a minor. Websites may not solely rely on the
geographical registration of an internet protocol address to determine if a potential user is
located in Colorado. Any personal data collected by the website to verify an age must be
destroyed as soon as is reasonable and comply with the Colorado Privacy Act.
Background
Several other states have either enacted or introduced similar legislation. A similar law in Texas is
currently being challenged in the United States Supreme Court with a decision expected by July
of this year. Texas’ fiscal assessment for the similar bill was indeterminate. Pending legislation in
Washington State is estimated to incur expenses for the state attorney general.
State Revenue and Expenditures
Department of Law
The fiscal note assumes that the Colorado Attorney General will enforce the bill under the
provisions of the Colorado Privacy Act within the Colorado Consumer Protection Act. The
department will review complaints under the bill and prioritize investigations as necessary within
available resources. To the extent civil penalties are issued, TABOR-exempt revenue will increase.
Judicial Department
Courts may experience an increase in cases if the Attorney General or district attorneys file suit
against websites failing to comply with privacy provisions of the bill. Assuming most websites
comply with the law, any additional workload for the courts will be minimal.
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March 26, 2025 SB 25-201
Local Government
Similar to the state, district attorney workload may increase to investigate complaints and seek
relief when appropriate.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming
no referendum petition is filed.
State and Local Government Contacts
Information Technology
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.