The bill requires that on or before July 1, 2025, a social media company must post published policies for each of its social media platforms. Thereafter, a social media company must post any updates to the policies within 14 days after the implementation of the updated policies. The published policies must include: Contact information that allows a user to ask the social media company questions about the published policies; A description of the process that a user must follow to flag content, groups, or other users that the user believes violate the published policies; A process to which the social media company commits for the purpose of responding to and resolving user questions and flags; A statement that the use of the social media platform for the promotion, sale or advertisement of any illicit substance; for the sale of any firearm in violation of state or federal law; for sex trafficking of a juvenile; or for the possession, display, exchange, distribution, sale, or creation of, or the inducement to create, sexually exploitative material is prohibited; A description of the social media company's process for enforcing its published policies and the potential consequences of violating the published policies; and A statement that violations of the published policies that also violate state or federal law will may be reported to law enforcement for investigation and potential prosecution ; A description of the social media company's policies and practices with respect to personal data and safeguards for juveniles; Information about how to access required safeguards and parental tools, including information for juveniles or their parents about options to opt out of or control personalized recommendation systems and other platform features; Notice about whether the social media platform uses or makes available to juveniles a product, service, or design feature that presents a heightened risk of harm to juveniles; and If the social media platform operates a personalized recommendation system, a description of how the personalized recommendation system is used to provide information to juveniles. A social media company must annually submit to the attorney general a report that includes, for each social media platform owned or operated by the social media company: The current version of the published policies of the social media platform; If the social media company has filed its first report, a complete and detailed description of any changes to the published policies since the previous report; A statement of whether the current version of the published policies contains definitions and or provisions relating to illicit substances, the sale of firearms in violation of state or federal law, sex trafficking of a juvenile, or the possession, display, exchange, distribution, sale, or creation of, or the inducement to create, sexually exploitative material and, if so, the definitions of those categories and a description of those provisions; A detailed description of content moderation practices used by the social media company; Data concerning activities of users based in the United States, including a breakdown of Colorado-based users' activities with regard to certain prohibited categories of content; Data describing actioned items of content and related actions taken by the social media company; Data concerning how juveniles in Colorado use the social media platform; A detailed description of the social media platform's age verification practices, how they are enforced, and how the social media platform responds to user reports of violations; and Data concerning a social media platform's application of its published policies. The bill also requires a social media company to: Use a commercially reasonable process to verify each user's and each potential user's age; Treat a user as a juvenile if the user's device communicates or signals that the user is a juvenile; Allow each user of its social media platforms to select an option to apply the protections available to juveniles; Retain any information obtained for age verification purposes only for the purpose of compliance and for no other purpose and to dispose of such information securely after age verification is complete. Additionally, any agent of a social media company that processes age verification information must have its principal place of business in the United States. Provide readily accessible and easy-to-use tools and settings for parents and guardians to support an individual that a social media platform knows or reasonably should know is a juvenile with respect to the individual's juvenile's use of the social media platform. A social media platform must provide similar tools to an individual that the social media platform knows or reasonably should know is a juvenile. Provide an individual that the platform knows or reasonably should know is a juvenile with clear and conspicuous warnings of certain threats and events regarding content that the individual shares or accesses on a social media platform; Immediately Within 24 hours after determining a violation was made, remove any user of a social media platform who promotes, sells or advertises an illicit substance or engages in the sale of a firearm in violation of state or federal law, the sex trafficking of a juvenile, or the possession, display, exchange, distribution, sale, or creation of, or the inducement to create, sexually exploitative material ; keep the user removed until there is human review of this activity; and permanently remove the user if human review confirms the user engaged in such an action; Retain for at least one year any data and metadata concerning users' identities and activities on the social media platform; Initially respond to any inquiry from a law enforcement agency within 3 days after receiving the inquiry to confirm receipt and to fulfill the law enforcement request within 30 days after receiving the inquiry. A social media company shall preserve the data needed to respond to an inquiry from a law enforcement agency. The bill prohibits a social media company from: Alerting a user to the fact that a law enforcement agency is investigating the user's activity and or account; or Using dark patterns to lead or encourage juveniles to provide personal information, beyond what is reasonably expected, to disable safeguards or parental controls, or to forgo privacy protections. or to take any action that the social media platform knows is not in the best interest of juveniles reasonably likely to access the social media platform. A violation of the bill's provisions, or an act to aid or abet such a violation, is a deceptive trade practice and punishable pursuant to the "Colorado Consumer Protection Act". (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law allows an entity that wants to access public rights-of-way (rights-of-way) for the deployment of broadband to enter into a public-private initiative agreement with the department of transportation (department) for the entity's access to the rights-of-way. The bill creates an alternative method for entities that want to access rights-of-way for the deployment of broadband, whereby the department may issue a permit and impose a permit fee for access to rights-of-way for the deployment of broadband. The bill specifies that an entity that wants to access rights-of-way for the deployment of broadband may pursue either the permit application and fee process created in the bill or the existing public-private initiative agreement process. In issuing permits that grant access to rights-of-way, the bill: Requires the department to allow competitively neutral and nondiscriminatory access to broadband providers seeking to use rights-of-way for the deployment of broadband; Requires the department to determine the form and manner of the permit application process and to approve or deny a permit application within 30 days; Specifies that the term of any permit issued pursuant to the bill is 30 years and that the department cannot assert ownership of broadband infrastructure except for when a permit recipient abandons the broadband infrastructure; Prohibits the department from requiring the permit recipient to lay additional fiber for use by the department or any third party; Prohibits the department from requiring the permit recipient to provide any in-kind goods or services as a condition of granting access to rights-of way; and Requires the department to produce an anticipated annual budget for the costs associated with the permit application process and an anticipated annual forecast of the revenue that the department will generate from the permit fees. The department may impose a one-time permit processing fee in connection with an application to gain access to rights-of-way for the deployment of broadband (permit processing fee) so long as the fee does not exceed the department's actual costs in connection with granting or administering the permits. The department is prohibited from imposing any other fee or charge for access to rights-of-way for the deployment of broadband. The department is also prohibited from including any charge in the permit processing fee to receive compensation for the fair market value of rights-of-way or access to rights-of-way; except that if the attorney general certifies in writing to the transportation commission that excluding fair market value in the permit processing fee violates federal law and that the violation will result in the loss of federal money apportioned to the state, the department is required to include fair market value in the permit processing fee. In such case, the department is required to set the rate of fair market value at a level that does not exceed the lowest rate of fair market value established by any other state for access to that state's rights-of-way for the deployment of broadband. (Note: This summary applies to this bill as introduced.)
The bill makes the following changes to the "Colorado Open Records Act" (CORA): Requires a custodian to evaluate a request for public records promptly and for no longer than 2 days. Within the 2-day period the custodian shall notify the requester whether or not any costs or fees that may apply to the request and if extenuating circumstances exist that allow for an extension of the reasonable time to respond to a CORA request (response period). If there are costs or fees that may apply, the response period does not begin until the custodian receives a response from the requester acknowledging acceptance of the costs or fees. Alternatively, a requester may revise their request and the custodian shall evaluate the revised request within the 2-day evaluation period. Otherwise, the response period begins after the custodian has provided notice to the requester. Changes the reasonable time to respond to a CORA request, except for requests from a mass medium or a newsperson, from 3 working days to 5 working days and changes the extension of time for the response period if extenuating circumstances exist from not exceeding 7 additional days to not exceeding 10 additional days; Adds an extenuating circumstance that allows for an extension of the response period when the custodian is not scheduled to work within the response period; Requires public entities to post any rules or policies adopted pursuant to CORA, including what the public entity's records retention policy, and to post information for members of the public regarding how to make a public records request; If public records are in the sole and exclusive custody and control of someone who is not scheduled to work within the response period, a custodian shall provide all other available responsive public records within the response period and notify the requester of the earliest date on which the person is scheduled to return to work and make best efforts to make responsive records available for inspection within the response period or extended response period, as applicable expected to be available or that the person is not expected to return to work . The requester may make a subsequent request for additional responsive records, if any, on or after the date the person who is authorized to have custody and control of the records is scheduled to return to work custodian provides . Allows a custodian to determine that a requester is a vexatious requester, requires the custodian to make a sworn statement in support of the determination to provide to the requester, allows the custodian a 30-day response period when a requester is a vexatious requester, and permits the requester to appeal the determination that the requester is a vexatious requester to the district court; Excludes a mass medium or newsperson from being a vexatious requester; Allows a custodian , subject to certain exceptions, to determine that a request is made for the direct solicitation of business for pecuniary gain, requires the custodian to make a sworn statement in support provide written notice of the determination to provide to the requester, allows the custodian a 30-day response period for such a request, permits the requester to submit a signed statement affirming the request is not for the direct solicitation of business for pecuniary gain which the custodian must consider in making their determination, permits the requester to appeal the determination that the request is made for the direct solicitation of business for pecuniary gain to the district court, and allows a custodian to charge the requester for the full cost of responding to the request notwithstanding the allowance for the first hour of research and retrieval to otherwise be free of charge and notwithstanding the statutory cap on fees, which otherwise would apply; Prohibits disclosure of any other contact information of students in any public elementary or secondary school in addition to the prohibition of disclosure of addresses and telephone numbers that is in current law; Allows a custodian to deny the right of inspection of public records that are an employee's calendar, unless the public record is an elected official's calendar or the calendar of an employee who is in a leadership position or the request is made by a mass medium or newsperson; and Clarifies that if a custodian imposes any requirements concerning the pre-payment of fees or the payment of fees in connection with a request for inspection of public records, the requirements must be in accordance with the custodian's adopted rules or written policies and must not be inconsistent with the provisions of CORA; and Allows a custodian to treat a CORA request made within 14 calendar days of another CORA request made by the same person as one request for purposes of calculating the fee that the custodian may charge to the requester for research and retrieval of responsive public records. In addition, the bill requires that members of the general assembly retain public records for a minimum of 60 days. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill states that a landlord, may not employ or rely upon an algorithmic device in setting the amount of rent to be charged to a tenant for the occupancy of a residential premises, may not employ or rely upon an algorithmic device that uses, incorporates, or was trained with nonpublic competitor data . A violation of the prohibition is person who violates or assists another person in violating the prohibition commits an unfair or deceptive trade practice under the "Colorado Consumer Protection Act" and may be punished accordingly. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act requires that, in order to plant uncertified potatoes, a potato grower must: Submit the uncertified potato seed stock to the certifying authority of Colorado for testing and have the certifying authority approve the potatoes for planting; or Ensure the uncertified potatoes are no more than one generation removed from certified or qualified parent potatoes and submit the uncertified potato seed stock to the certifying authority for testing. The testing process is aimed to ensure that if uncertified potatoes are planted in Colorado, those potatoes are free from disease or other issues that may be detrimental to Colorado's potato crop. APPROVED by Governor May 1, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act requires certain networks that facilitate payment transactions to make the merchant category code for firearms and ammunition available to merchant acquirers (processor) who process transactions for firearms merchants. A processor must assign the code to each firearms merchant to which the processor provides services. The attorney general's office has exclusive authority to enforce the act. Before bringing an enforcement action, the attorney general's office must notify in writing the person alleged to have violated the act. Standards are set for the notice. A violator has 30 days to cure the violation in accordance with the standards in the act. If a person violates the act and does not cure the violation, the attorney general's office may bring a civil action to seek: A civil penalty of up to $10,000 for each violation; or An injunction or equitable relief that prevents a further violation. If the attorney general's office prevails in the action, a court may issue an order requiring the violator to pay reasonable attorney fees and costs incurred in bringing the action. APPROVED by Governor May 1, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act prohibits a person from knowingly affiliating with a public safety radio network without authorization from the network's authorizing entity. Unlawful affiliation with a public safety radio network is a class 2 misdemeanor. APPROVED by Governor May 1, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
For the purpose of providing health insurance coverage, current law defines a "small employer" as any individual, firm, corporation, partnership, or association that employs between one and 100 employees during a calendar year. Effective January 1, 2026, the act amends the definition to define a "small employer" as any person that employs an average of at least one but not more than 50 employees during a calendar year. An employer that has a small group health benefit plan before January 1, 2026, and would no longer qualify as a "small employer" under the changes made by this act may elect to keep their small group health benefit plan for 5 years after the date of issuance. Such employer may also switch between small group health benefit plans offered by the carrier during those 5 years, but may only switch to plans that are one metal level above or below their existing plan. Once an employer elects to enter the large group health benefit market, the employer may not return to the small group health benefit market within the 5-year period. The act requires the commissioner of insurance to conduct an actuarial review of rate filings submitted by insurance carriers that offer small group health benefit plans to determine whether the change to the definition of "small employer" made by the act would increase premiums for the majority of individuals covered by small group health benefit plans by more than 3%. If the premiums would increase by more than 3%, then the change to the "small employer" definition made by the act is repealed. APPROVED by Governor May 1, 2024 PORTIONS EFFECTIVE May 1, 2024 PORTIONS EFFECTIVE January 1, 2026(Note: This summary applies to this bill as enacted.)
Prior to the consolidation of the division of wildlife and the division of parks and recreation and their respective commissions in Senate Bill 11-208, concerning the consolidation of wildlife entities with parks and outdoor recreation entities under the department of natural resources, enacted in 2011, members of the wildlife commission were required to hold at least 2 public meetings per year in their respective geographic districts. The act renews the public engagement requirement for the members of the parks and wildlife commission in the department of natural resources who are appointed by the governor and adds the same public engagement requirement for members of the state agricultural commission and the Colorado water conservation board who are appointed by the governor. Commission and board members subject to the public engagement requirement are entitled to reimbursement for their reasonable costs in participating in public meetings. Status updates on the commission and board members' compliance with the public engagement requirement must be reported to the chair of each member's respective commission or board and included in each member's respective executive department's annual "SMART Act" presentation to the general assembly. For the 2024-25 state fiscal year, $10,504 is appropriated to the department of natural resources for use by the division of parks and wildlife to implement the act, with $6,828 of the money appropriated from the wildlife cash fund and $3,676 from the parks and outdoor recreation cash fund. APPROVED by Governor May 1, 2024 EFFECTIVE January 1, 2025(Note: This summary applies to this bill as enacted.)
Current law refers to a "member", "client", "consumer", and "recipient" interchangeably when referring to an individual who is enrolled in the state medical assistance program (medicaid). The act updates the terminology to refer only to medicaid "members". APPROVED by Governor May 1, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Current law prohibits the sale or distribution of products in certain product categories on and after certain dates (product phaseout timeline) if the products contain intentionally added perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals). The act changes current law by: On and after January 1, 2025, prohibiting the sale or distribution of certain outdoor apparel intended for extreme or extended use in severe wet conditions (outdoor apparel for severe wet conditions) that contains intentionally added PFAS chemicals unless the product is accompanied by a disclosure that states that the product contains intentionally added PFAS chemicals (disclosure requirement); On and after January 1, 2026, as part of the product phaseout timeline, banning the sale or distribution of cleaning products that are not medical floor maintenance products, cookware, dental floss, menstruation products, and ski wax that contain intentionally added PFAS chemicals; On and after January 1, 2028, as part of the product phaseout timeline, repealing the disclosure requirement and banning the sale or distribution of medical floor maintenance products, textile articles, outdoor apparel for severe wet conditions, and food equipment intended primarily for use in commercial settings that contain intentionally added PFAS chemicals; and On and after January 1, 2026, prohibiting a person from installing artificial turf that contains intentionally added PFAS chemicals on any portion of property in the state. APPROVED by Governor May 1, 2024 EFFECTIVE May 1, 2024(Note: This summary applies to this bill as enacted.)
The uniform act clarifies when and how electronic documents may be used in estate planning documents other than wills. APPROVED by Governor May 1, 2024 EFFECTIVE January 1, 2025(Note: This summary applies to this bill as enacted.)
