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HOUSE BILL 26-1418
BY REPRESENT ATIVE(S) Zokaie and Camacho, Bacon , Duran, Gilchrist,
Goldstein, Jackson, Lindsay, McCormick, Rydin, Mabrey, Nguyen, Ricks;
also SENATOR(S) Amabile and Roberts, Cutter, Gonzales J ., Jodeh, Kipp
Kolker, Wallace, Coleman. Q
CONCERNIN _G T ~ R :;{1~1CE TO YOUNG PEOPLE, AND, IN
CONNECTIO ~;J;J., REQUIRING CERTAIN SOCIAL MEDIA
PLATFORMS T T PROVIDE ONLINE GAMING SERVICES, PRODUCTS,
AND FEATURES TO YOUNG PEOPLE TO IMPOSE A FEE ON EACH ADD-ON
TRANSACTION AND REMIT THE FEE TO THE YOUTH MENTAL HEALTH
SERVICES ACCESS ENTERPRISE, WHICH ENTERPRISE IS CREATED IN THE
BILL, AND TO THE YOUTH PROGRAMMING AND PROTECTIONS
ENTERPRISE, WHICH ENTERPRISE IS ALSO CREATED IN THE BILL, TO BE
USED TO FUND PROGRAMS THAT PROVIDE SERVICES TO YOUNG
PEOPLE, AND MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add pa1t 6 to article 60
of title 27 as follows:
PART6
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions fi'om existing law and such material is not part of
the act.
YOUTH MENTAL HEALTH SERVICES ACCESS ENTERPRISE
27-60-601. Short title.
THE SHORT TITLE OF THIS PART 6 IS THE "YOUTH MENTAL HEALTH
SERVICES ACCESS ENTERPRISE ACT".
27-60-602. Legislative declaration.
( 1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
(a) (I) YOUNG PEOPLE IN COLORADO AND ELSEWHERE SPEND A
REMARKABLE AMOUNT OF TIME EVERY DAY MONITORING AND
PARTICIPATING IN ONLINE SOCIAL MEDIA AND OTHER WEBSITES, WHERE THEY
ARE EXPOSED TO ADULT-THEMED CONTENT, SEXUAL PREDATORS, AND
UNSCRUPULOUS MARKETERS;
(II) INCREASINGLY, ONLINE GAMING HAS REPLACED TRADITIONAL
SOCIAL MEDIA AND ACTS AS SOCIAL MEDIA FOR MINORS. EIGHTY-FIVE
PERCENT OF MINORS PLAY ONLINE GAMES, TWENTY-THREE PERCENT PLAY
SEVERAL TIMES A DAY, TWENTY-TWO PERCENT PLAY SEVERAL TIMES A
WEEK, AND TWENTY-ONE PERCENT PLAY LESS. ONLINE GAMING HAS ALSO
BECOME INCREASINGLY PERVASIVE FOR CHILDREN BETWEEN FIVE AND
TWELVE YEARS OLD, WITH MORE THAN EIGHTY PERCENT OF SUCH CHILDREN
GAMING WEEKLY.
(Ill) APPROXIMATELY THIRTY-FIVE TO THIRTY-SEVEN PERCENT OF
CHILDREN APPROACHED BY STRANGERS ONLINE WERE FIRST CONT ACTED VIA
GAMING PLATFORMS. ONLINE GAMING PLATFORMS ARE ENGINEERED TO KEEP
CHILDREN ENGAGED FOR AS LONG AS POSSIBLE, AND EXCESSIVE GAMING IS
ASSOCIATED WITH SLEEP DISRUPTION, DECREASED ACADEMIC
PERFORMANCE, AND INCREASED ANXIETY AND DEPRESSION IN YOUNG
PEOPLE.
(IV) YOUNG PEOPLE ARE ESPECIALLY VULNERABLE TO THREATS
THAT EXIST ON THE INTERNE1 BECAUSE YOUNG PEOPLE LACK EXPERIENCE
AND BECAUSE THERE ARE INDIVIDUALS AND OTHER ENTITIES THAT TARGET
YOUNG PEOPLE ON THE INTERNET FOR PREDATORY PURPOSES;
(V) IT IS WELL-DOCUMENTED THAT THE BRAINS OF CHILDREN AND
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JUVENILES ARE NOT FULLY DEVELOPED AND THAT, FOR MANY YOUNG
PEOPLE, THE CONST ANT AND OVER WHELMING PRESENCE OF SOCIAL MEDIA
AND THE INTERNET EXACERBATES THE DIFFICULTIES OF THE TRANSITION
FROM CHILDHOOD TO ADULTHOOD;
(VI) MANY YOUNG PEOPLE WHO DEVELOP COMPULSIVE USE
DISORDERS OR WHO ARE OTHERWISE HARMED BY SOCIAL MEDIA WEBSITES,
ONLINE GAMING, OR THE INTERNET CAN BENEFIT FROM PROGRAMS THAT
OFFER MENTAL HEALTH SERVICES; AND
(VII) IT IS IN THE BEST INTEREST OF THE STATE TO REQUIRE CERTAIN
INTERNET WEBSITES THAT MARKET AND PROVIDE GAMING OPPORTUNITIES
TO CHILDREN AND JUVENILES AND PROFIT FROM SUCH VENTURES TO IMPOSE
AND COLLECT A FEE ON EACH ADD-ON TRANSACTION TO BE CREDITED TO:
(A) THE YOUTH MENTAL HEALTH SERVICES ACCESS ENTERPRISE
FUND CREATED IN THIS PART 6, FROM WHICH FUND THE YOUTH MENTAL
HEALTH SERVICES ACCESS ENTERPRISE MAY AWARD GRANTS TO MENTAL
HEALTH AGENCIES THAT PROVIDE MENTAL HEALTH SERVICES TO YOUNG
PEOPLE, AS DESCRIBED IN THIS PART 6; AND
(B) THE YOUTH PROGRAMMING AND PROTECTIONS ENTERPRISE FUND
CREATED IN SECTION 22-109-104 (6), FROM WHICH FUND THE YOUTH
PROGRAMMING AND PROTECTIONS ENTERPRISE CREATED IN SECTION
22-109-104 MAY AWARD GRANTS THROUGH THE OUT-OF-SCHOOL TIME
PROGRAM GRANT PROGRAM CREATED IN SECTION 22-105 .5-104 AND
SUPPORT THE DEPARTMENT OF EDUCATION'S ENFORCEMENT OF
EDUCATIONAL RIGHTS, AS DESCRIBED IN SECTION 22-109-105;
(b) BY SUPPORTING YOUTH MENTAL HEALTH SERVICES AS DESCRIBED
IN SUBSECTION (l)(a) OF THIS SECTION, THE ENTERPRISE ENGAGES IN AN
ACTIVITY CONDUCTED IN THE PURSUIT OF A BENEFIT, GAIN, OR LIVELIHOOD
AND THEREFORE OPERA TES AS A BUSINESS;
( c) CONSISTENT WITH THE DETERMINATION OF THE COLORADO
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 896
P .2d 859 ( COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS INCONSISTENT
WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE X OF THE STATE
CONSTITUTION, THE GENERAL ASSEMBLY CONCLUDES THAT THE FEE IMPOSED
BY THE ENTERPRISE IS A FEE, NOT A TAX, BECAUSE THE FEE IS IMPOSED FOR
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THE SPECIFIC PURPOSE OF ALLOWING THE ENTERPRISE TO DEFRAY THE COSTS
OF PROVIDING THE BENEFITS AND SERVICES SPECIFIED IN SUBSECTION ( 1 )( a)
OF THIS SECTION TO YOUTH USERS OF SOCIAL MEDIA PLATFORMS, AND THE
FEE IS IMPOSED AT A RA TE THAT IS REASONABLY CALCULATED TO OFFSET
THE DIRECT AND INDIRECT COSTS OF THE SERVICES RECEIVED BY YOUTH
USERS OF SOCIAL MEDIA PLATFORMS;
( d) SO LONG AS THE ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR
PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, THE
REVENUE FROM THE FEE IMPOSED BY THE ENTERPRISE IS NOT STA TE FISCAL
YEAR SPENDING, AS DEFINED IN SECTION 24-77-102, OR ST A TE REVENUES, AS
DEFINED IN SECTION 24-77-103.6 (6)(c), AND DOES NOT COUNT AGAINST
EITHER THE STATE FISCAL YEAR SPENDING LIMIT IMPOSED BY SECTION 20 OF
ARTICLE X OF THE STATE CONSTITUTION OR THE EXCESS STATE REVENUES
CAP, AS DEFINED IN SECTION 24-77-103.6 (6)(b)(I); AND
(e) No OTHER ENTERPRISE CREATED SIMULTANEOUSLY OR WITHIN
THE PRECEDING FIVE YEARS SERVES PRIMARILY THE SAME PURPOSE AS THE
ENTERPRISE, AND THE ENTERPRISE WILL GENERA TE REVENUE FROM FEES OF
LESS THAN ONE HUNDRED MILLION DOLLARS TOTAL IN ITS FIRST FIVE FISCAL
YEARS. ACCORDINGLY, THE CREATION OF THE ENTERPRISE DOES NOT
REQUIRE VOTER APPROVAL PURSUANT TO SECTION 24-77-108.
27-60-603. Definitions.
As USED IN THIS PART 6, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) (a) "ADD-ON TRANSACTION" MEANS A TRANSACTION THROUGH
WHICH A PLAYER OR PARTICIPANT OF A VIDEO GAME ACCESSED VIA AN
ONLINE GAMING SERVICE, PRODUCT, OR FEATURE ACQUIRES:
(I) ANITEMORABILITYTHATPROVIDESTHEPLAYERORPARTICIPANT
AN ADVANTAGE OVER OTHER PLAYERS OR PARTICIPANTS OF THE VIDEO
GAME;OR
(II) A FEATURE THAT ALTERS OR ENHANCES THE VIDEO GAME AS
ACCESSED VIA THE ONLINE GAMING SERVICE, PRODUCT, OR FEATURE.
(b) "ADD-ON TRANSACTION" DOES NOT INCLUDE A TRANSACTION
THROUGH WHICH A PLAYER OR PARTICIPANT OBTAINS INITIAL ACCESS TO AN
PAGE 4-HOUSE BILL 26-1418
ONLINE GAME.
(2) (a) "COVERED PLATFORM" MEANS A SOLE PROPRIETORSHIP, A
PARTNERSHIP, A LIMITED LIABILITY COMPANY, A CORPORATION, AN
ASSOCIATION, OR ANOTHER LEGAL ENTITY OR AN AFFILIATE THEREOF THAT:
(I) CONDUCTS BUSINESS IN COLORADO;
(II) GENERATES:
(A) REVENUE DIRECTLY FROM ADD-ON TRANSACTIONS CONDUCTED
IN AN ONLINE GAMING SERVICE, PRODUCT, OR FEATURE; AND
(8) A MAJORITY OF ITS ANNUAL REVENUE FROM ONLINE GAMING
SERVICES, PRODUCTS, OR FEATURES;
(Ill) PUBLISHES OR ENABLES USER CREATION AND PUBLICATION OF
ONE OR MORE GAMES, ACCESSIBLE VIA ONLINE GAMING SERVICES,
PRODUCTS, OR FEATURES, THAT ARE REASONABLY LIKELY TO BE ACCESSED
BY A YOUTH;
(IV) COLLECTS OR HAS COLLECTED ON ITS BEHALF ONE OR MORE
USERS' PERSONAL DATA, AS DEFINED IN SECTION 6-1-1303 (17), IN
CONNECTION WITH AN ONLINE GAMING SERVICE, PRODUCT, OR FEATURE;
AND
(V) DETERMINES THE PURPOSES AND MEANS OF PROCESSING THE
PERSONAL DATA DESCRIBED IN SUBSECTION (2)(a)(IV) OF THIS SECTION.
(b) "COVEREDPLATFORM"DOESNOTINCLUDEANINTERNETSERVICE
PROVIDER OR TELECOMMUNICATIONS CARRIER THAT PROVIDES
CONNECTIVITY TO A THIRD-PARTY SERVICE AND THAT DOES NOT:
(I) DIRECTLY PROCESS ADD-ON TRANSACTIONS; AND
(II) DETERMINE DATA PROCESSING PURPOSES FOR THE THIRD-PARTY
SERVICE.
(3) "ENTERPRISE" MEANS THE YOUTH MENTAL HEALTH SERVICES
ACCESS ENTERPRISE CREATED IN SECTION 27-60-604.
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( 4) "FEE" MEANS THE YOUTH MENTAL HEALTH SERVICES ACCESS FEE
IMPOSED BY COVERED PLATFORMS PURSUANT TO SECTION 27-60-605.
(5) "FUND" MEANS THE YOUTH MENTAL HEALTH SERVICES ACCESS
ENTERPRISE FUND CREATED IN SECTION 27-60-604 (6).
(6)(a) "ONLINEGAMINGSERVICE,PRODUCT,ORFEATURE"MEANSAN
ONLINE SERVICE, PRODUCT, OR FEATURE, AS DEFINED IN SECTION 6-1-1303
(16.8), THAT IS PRIMARILY INTENDED TO FACILITATE ONLINE GAMING.
(b) "ONLINE GAMING SERVICE, PRODUCT, OR FEATURE" DOES NOT
INCLUDE:
(I) AN EXCLUSIVE LIVE-STREAMING OR VIDEO-SHARING PLATFORM;
OR
(II) A STOREFRONT THROUGH WHICH USERS PURCHASE OR INITIALLY
DOWNLOAD TO ACCESS GAMES.
(7) "PROCESS" OR "PROCESSING" HAS THE MEANING SET FORTH IN
SECTION 6-1-1303 (18).
(8) "PROCESSOR" HAS THE MEANING SET FORTH IN SECTION 6-1-1303
(19).
(9) "REASONABLY LIKELY TO BE ACCESSED BY A YOUTH" MEANS
THAT AN ONLINE GAMING SERVICE, PRODUCT, OR FEATURE IS REASONABLY
LIKELY TO BE ACCESSED BY A YOUTH BECAUSE THE ONLINE GAMING
SERVICE, PRODUCT, OR FEATURE IS DIRECTED TO CHILDREN, AS DESCRIBED
BY THE FEDERAL "CHILDREN'S 0NLINEPRIVACYPROTECTION ACT OF 1998",
15 U.S.C. SECS. 6501 TO6506,ANDTHEASSOCIATEDRULESOFTHEFEDERAL
TRADE COMMISSION.
( 10) "YOUTH" HAS THE MEANING SET FORTH IN SECTION 27-60-109
(l)(e).
27-60-604. Youth mental health services access enterprise -
created -board -powers and duties -rules and policies -fund -repeal.
(1) (a) THE YOUTH MENTAL HEALTH SERVICES ACCESS ENTERPRISE
PAGE 6-HOUSE BILL 26-1418
IS CREATED IN THE BEHAVIORAL HEALTH ADMINISTRATION. THE ENTERPRISE
IS AND OPERATES AS A GOVERNMENT-OWNED BUSINESS WITHIN THE BHA
FOR THE BUSINESS PURPOSE OF COLLECTING FEES IMPOSED BY COVERED
PLATFORMS PURSUANT TO SECTION 27-60-605 AND UTILIZING THE FEE
REVENUE TO OPERA TE AND FUND PROGRAMS THAT PROVIDE YOUTH MENTAL
HEALTH SERVICES. THE ENTERPRISE IS A TYPE 1 ENTITY, AS DEFINED IN
SECTION 24-1-105, AND EXERCISES ITS POWER AND PERFORMS ITS DUTIES
AND FUNCTIONS UNDER THE BHA.
(b) THE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES OF
SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT
RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS
THAN TEN PERCENT OF ITS TOT AL REVENUES IN GRANTS FROM ALL
COLORADO STATE AND LOCAL GOVERNMENTS COMBINED. SO LONG AS IT
CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION ( 1 ), THE
ENTERPRISE IS NOT SUBJECT TO SECTION 20 OF ARTICLE X OF THE STATE
CONSTITUTION.
( c) THE ENTERPRISE SHALL BE DIRECTED BY A BOARD OF
INDIVIDUALS TO BE APPOINTED BY THE GOVERNOR.
(2) THE ENTERPRISE, ACTING THROUGH THE BOARD, MAY:
(a) ENTER INTO CONTRACTS NECESSARY FOR PROFESSIONAL AND
TECHNICAL ASSISTANCE AND ADVICE AND TO SUPPLY OTHER SERVICES
RELATED TO THE CONDUCT OF THE AFFAIRS OF THE ENTERPRISE, WITHOUT
REGARD TO THE "PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24;
(b) BY RESOLUTION, AUTHORIZE AND ISSUE REVENUE BONDS THAT
ARE PAY ABLE ONLY FROM THE MONEY IN THE FUND;
(c) ADOPT RULES AS NECESSARY TO CARRY OUT THIS PART 6; AND
( d) ADOPT POLICIES FOR THE REGULATION OF ITS AFFAIRS AND THE
CONDUCT OF ITS BUSINESS CONSISTENT WITH THIS PART 6.
(3) THE ENTERPRISE SHALL:
(a) RECEIVE THE FEES IMPOSED BY COVERED PLATFORMS ON ADD-ON
TRANSACTIONS PURSUANT TO SECTION 27-60-605;
PAGE 7-HOUSE BILL 26-1418
(b) ON AND AFTER JANUARY 1, 2028, OPERATE AND FUND THE
YOUTH MENTAL HEALTH PEER NAVIGATOR GRANT PROGRAM AS REQUIRED
BY SECTION 27-60-606;
( c) ON AND AFTER JANUARY 1, 2028, OPERA TE AND FUND THE CRISIS
RESOLUTION TEAM PROGRAM AS REQUIRED BY SECTION 27-60-607; AND
(d) ON AND AFTER JANUARY 1, 2028, OPERATE AND FUND THE
YOUTH MENTAL HEALTH SERVICES PROGRAM CREATED IN SECTION
27-60-109.
(4) (a) THE ENTERPRISE IS SUBJECT TO THE OPEN MEETINGS
PROVISIONS OF THE "COLORADO SUNSHINE ACT OF 1972", PART 4 OF
ARTICLE 6 OF TITLE 24.
(b) THE ENTERPRISE IS SUBJECT TO THE "COLORADO OPEN R E CORDS
ACT",PART20FARTICLE720FTITLE24.FORPURPOSESOFTHE"COLORADO
OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24, AND EXCEPT AS
MAY OTHERWISE BE PROVIDED BY FEDERAL LAW OR REGULATION OR STATE
LAW, THE RECORDS OF THE ENTERPRISE ARE PUBLIC RECORDS, AS DEFINED
IN SECTION 24-72-202, REGARDLESS OF WHETHER THE ENTERPRISE RECEIVES
LESS THAN TEN PERCENT OF ITS TOT AL ANNUAL REVENUE IN GRANTS, AS
DEFINED IN SECTION 24-77-102, FROM ALL COLORADO STATE AND LOCAL
GOVERNMENTS.
( C) THE ENTERPRISE IS A PUBLIC ENTITY FOR PURPOSES OF THE
"SUPPLEMENTAL PUBLIC SECURITIES ACT", PART 2 OF ARTICLE 57 OF TITLE
11.
(5) THE BHA SHALL PROVIDE OFFICE SPACE AND ADMINISTRATIVE
STAFF TO THE ENTERPRISE PURSUANT TO A CONTRACT ENTERED INTO
PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION.
(6) (a) THE YOUTH MENTAL HEALTH SERVICES ACCESS ENTERPRISE
FUND IS CREATED IN THE STATE TREASURY. THE FUND CONSISTS OF MONEY
CREDITED TO THE FUND IN ACCORDANCE WITH THIS PART 6; ANY MONEY
RECEIVED FROM THE ISSUANCE OF REVENUE BONDS, AS DESCRIBED IN
SUBSECTION (2)(b) OF THIS SECTION; AND ANY OTHER MONEY THAT THE
GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND.
PAGE 8-HOUSE BILL 26-1418
(b) THE ST A TE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO
THE FUND.
( C) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
ENTERPRISE. THE ENTERPRISE MAY EXPEND MONEY FROM THE FUND FOR THE
PURPOSES OF THIS PART 6, SUBJECT TO THE REQUIREMENTS OF SECTION
27-60-605 (4).
(7) (a) SECTION 24-77-108 DOES NOT APPLY TO THE ENTERPRISE
BECAUSE THE TOTAL AMOUNT OF MONEY CREDITED OR APPROPRIATED TO
THE FUND AS FEE REVENUE SHALL NOT EXCEED ONE HUNDRED MILLION
DOLLARS IN THE FIRST FIVE FISCAL YEARS OF THE ENTERPRISE'S EXISTENCE.
(b) THIS SUBSECTION (7) IS REPEALED, EFFECTIVE JULY 1, 2033.
(8) THE BOARD MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR
DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS
SECTION, SO LONG AS THE COMBINATION OF GRANTS FROM STATE AND LOCAL
GOVERNMENTS IS LESS THAN TEN PERCENT OF THE ENTERPRISE'S TOT AL
ANNUAL RE VENUE.
27-60-605. Youth mental health services access fee -established
-collection by covered platforms -remittance to department of revenue
-youth programming and protections enterprise fund.
(1) ON AND AFTER JANUARY 1, 2027, EACH COVERED PLATFORM
SHALL IMPOSE AND COLLECT A FEE ON EACH ADD-ON TRANSACTION THAT
OCCURS ON THE COVERED PLATFORM AND REMIT THE ENTIRE AMOUNT OF
THE FEE TO THE DEPARTMENT OF REVENUE.
(2) (a) THE INITIAL AMOUNT OF THE FEE IS FIVE PERCENT OF THE
AMOUNT OF THE ADD-ON TRANSACTION. ON AND AFTER OCTOBER 1, 2027,
THE ENTERPRISE MAY ADJUST THE AMOUNT OF THE FEE. THE ENTERPRISE
SHALL PUBLISH THE FEE AMOUNT ON THE BHA'S PUBLIC WEBSITE.
(b) THE AMOUNT OF THE FEE MUST BE REASONABLY CALCULATED TO
RECOUP THE DIRECT AND INDIRECT COSTS OF THE SERVICES RECEIVED BY
YOUTH THROUGH THE:
PAGE 9-HOUSE BILL 26-1418
(I) YOUTH MENTAL HEALTH SERVICES PROGRAM CREATED IN
SECTION 27-60-109;
(II) YOUTH MENTAL HEALTH PEER NAVIGATOR GRANT PROGRAM
CREATED IN SECTION 27-60-606;
(Ill) CRISIS RESOLUTION TEAM PROGRAM CREATED IN SECTION
27-60-607;
(IV) OUT-OF-SCHOOL TIME PROGRAM GRANT PROGRAM CREATED IN
SECTION 22-105.5-104; AND
(V) ENFORCEMENT OF EDUCATIONAL RIGHTS, AS DESCRIBED IN
SECTION 22-109-105.
( C) IN ADJUSTING THE AMOUNT OF THE FEE, THE ENTERPRISE SHALL
CONSIDER THE LIMITATIONS DESCRIBED IN SECTION 24-77-108.
(3) (a) EXCEPT AS DESCRIBED IN SUBSECTION (3)(c) OF THIS SECTION,
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL
TRANSFER MONEY COLLECTED AS FEES BY COVERED PLATFORMS TO THE
ST ATE TREASURER TO BE CREDITED TO THE FUND.
(b) MONEY THAT THE DEPARTMENT OF REVENUE COLLECTS
PURSUANT TO THIS SECTION IS CUSTODIAL MONEY HELD TEMPORARILY BY
THE DEPARTMENT OF REVENUE AND THE STATE TREASURER SOLELY FOR THE
PURPOSE OF TRANSFERRING THE MONEY TO THE FUND FOR USE BY THE
ENTERPRISE.
( c) IN EACH STATE FISCAL YEAR, AFTER THE STATE TREASURER HAS
CREDITED EIGHT MILLION DOLLARS TO THE FUND PURSUANT TO SUBSECTION
(3)(a) OF THIS SECTION, THE STATE TREASURER SHALL CREDIT ANY OTHER
MONEY RECEIVED AS FEES PURSUANT TO SUBSECTION (1) OF THIS SECTION
TO THE YOUTH PROGRAMMING AND PROTECTIONS ENTERPRISE FUND
CREATED IN SECTION 22-109-104 (6).
( 4) THE ENTERPRISE MAY SPEND NO MORE THAN THREE PERCENT OF
THE ANNUAL FEE REVENUE CREDITED TO THE FUND FOR THE ENTERPRISE'S
ADMINISTRATIVE EXPENSES. AFTER DEDUCTING ITS ADMINISTRATIVE
EXPENSES, THE ENTERPRISE SHALL ALLOCATE THE REMAINING FEE REVENUE
PAGE IO-HOUSE BILL 26-1418
CREDITED TO THE FUND AS FOLLOWS:
(a) FORTY PERCENT FOR THE YOUTH MENTAL HEALTH PEER
NAVIGATOR GRANT PROGRAM CREATED IN SECTION 27-60-606;
(b) THIRTY-FIVE PERCENT FOR THE CRISIS RESOLUTION TEAM
PROGRAM CREATED IN SECTION 27-60-607; AND
(c) TWENTY-FIVE PERCENT FOR THE YOUTH MENTAL HEALTH
SERVICES PROGRAM CREATED IN SECTION 27-60-109.
27-60-606. Youth mental health peer navigator grant program
-created -eligible entities -report -definitions.
(1) As USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "ELIGIBLE ENTITY" MEANS AN ENTITY THAT SATISFIES THE
CRITERIA DESCRIBED IN SUBSECTION (4) OF THIS SECTION.
(b) "GOVERNOR'S COMMISSION ON COMMUNITY SERVICE" MEANS THE
GOVERNOR'S COMMISSION ON COMMUNITY SERVICE CREATED IN SECTION
24-20-501 AND COMMONLY KNOWN AS "SERVE COLORADO".
(c) "GRANT PROGRAM" MEANS THE YOUTH MENTAL HEALTH PEER
NA VI GATOR GRANT PROGRAM CREATED IN SUBSECTION (2) OF THIS SECTION.
( d) "YOUNG ADULT" MEANS AN INDIVIDUAL WHO IS EIGHTEEN YEARS
OLD OR OLDER BUT YOUNGER THAN TWENTY-FIVE YEARS OLD.
(2) (a) THE YOUTH MENTAL HEALTH PEER NAVIGATOR GRANT
PROGRAM IS CREATED TO A WARD GRANTS TO ENTITIES THAT RECRUIT AND
TRAIN YOUNG ADULTS TO PROVIDE PREVENTION SERVICES, PEER SUPPORT,
AND SYSTEM NAVIGATION TO YOUTH IN SCHOOLS OR COMMUNITY-BASED
SETTINGS.
(b) THE ENTERPRISE SHALL OPERA TE AND FUND THE GRANT
PROGRAM IN ACCORDANCE WITH THIS SECTION. THE ENTERPRISE SHALL
CONSULT WITH THE BHA AND THE GOVERNOR'S COMMISSION ON
COMMUNITY SERVICE IN THE OPERATION OF THE GRANT PROGRAM.
PAGE 1 I-HOUSE BILL 26-1418
(3) THE ENTERPRISE SHALL ADOPT AND POST ON THE BHA's PUBLIC
WEBSITE POLICIES, PROCEDURES, AND GUIDELINES FOR THE GRANT PROGRAM
THAT INCLUDE, AT A MINIMUM:
(a) PROCEDURES AND TIMELINES BY WHICH AN ELIGIBLE ENTITY MAY
APPLY FOR A GRANT;
(b) CRITERIA FOR DETERMINING GRANT ELIGIBILITY AND THE
AMOUNT OF GRANT A WARDS; AND
( c) REPORTING REQUIREMENTS FOR GRANT RECIPIENTS, WHICH
REQUIREMENTS INCLUDE REPORTING THE USE OF A GRANT A WARD.
(4) TO BE ELIGIBLE FOR A GRANT AWARD, AN ENTITY MUST BE AN
INDIAN TRIBE; AN INSTITUTION OF HIGHER EDUCATION; A LOCAL
GOVERNMENT, INCLUDING A SCHOOL DISTRICT; A STATE GOVERNMENT
AGENCY; OR A NONPROFIT ORGANIZATION AND MUST PROVIDE MENTAL
HEALTH PROGRAMMING IN SCHOOLS OR COMMUNITY-BASED SETTINGS,
WHICH PROGRAMMING INCLUDES:
(a) MAKING REFERRALS TO MENTAL HEALTH RESOURCES;
(b) IDENTIFYING AND REMOVING BARRIERS TO MENTAL HEALTH
SERVICES;
(c) DEVELOPING ACTION PLANS FOR MENTAL HEALTH TRENDS IN
SCHOOLS;
( d) COORDINATING MENTAL HEAL TH CARE;
( e) PROVIDING CASE MANAGEMENT AND CULTURAL MEDIATION; AND
(t) OFFERING MENTAL HEALTH EDUCATION.
(5) (a) To RECEIVE A GRANT, AN ELIGIBLE ENTITY MUST SUBMIT A
GRANT APPLICATION TO THE GOVERNOR'S COMMISSION ON COMMUNITY
SERVICE.
(b) THE GOVERNOR'S COMMISSION ON COMMUNITY SERVICE SHALL
REVIEW EACH GRANT APPLICATION AND MAKE RECOMMENDATIONS TO THE
PAGE 12-HOUSE BILL 26-1418
ENTERPRISE CONCERNING WHETHER A GRANT SHOULD BE A WARDED AND, IF
SO, THE AMOUNT OF THE GRANT.
( C) AFTER CONSIDERING THE RECOMMENDATIONS OF THE
GOVERNOR'S COMMISSION ON COMMUNITY SERVICE, THE ENTERPRISE SHALL
A WARD AND DETERMINE THE AMOUNT OF EACH GRANT.
(6) AN ELIGIBLE ENTITY THAT RECEIVES A GRANT SHALL USE THE
GRANT AWARD ONLY FOR ONE OR MORE PURPOSES DESCRIBED IN
SUBSECTION (4) OF THIS SECTION.
(7) (a) ON OR BEFORE JANUARY 31, 2028, AND ON OR BEFORE
JANUARY 31 OF EACH YEAR THEREAFTER, THE ENTERPRISE SHALL SUBMIT A
REPORT TO THE HOUSE OF REPRESENTATIVES HEAL TH AND HUMAN SERVICES
COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES COMMITTEE,
OR ANY SUCCESSOR COMMITTEES, WITH INFORMATION ABOUT THE GRANT
PROGRAM'S ACTIVITIES DURING THE PRECEDING YEAR. THE ENTERPRISE
SHALL ALSO POST THE ANNUAL REPORT ON THE BHA'S PUBLIC WEBSITE. THE
REPORT MUST INCLUDE THE NUMBER AND TOTAL AMOUNT OF GRANTS
A WARDED BY THE GRANT PROGRAM, THE RECIPIENT AND AMOUNT OF EACH
GRANT A WARDED, AND THE USES OF EACH GRANT A WARD.
(b) NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-136
(l l)(a)(I), THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS
SUBSECTION (7) CONTINUES INDEFINITELY.
27-60-607. Crisis resolution team program -created -report -
definitions.
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "CAREGIVER" MEANS A PARENT, A FOSTER PARENT, KIN, A
GUARDIAN, OR A LEGAL CUSTODIAN.
(b) "CRISIS RESOLUTION TEAM PROVIDER" MEANS A SERVICE
PROVIDER THAT SUPPORTS YOUTH WHO ARE EXPERIENCING BEHAVIORAL
HEALTH CRISES AND WHO MAY BENEFIT FROM INTENSIVE, SHORT-TERM,
IN-HOME SERVICES AND ONGOING SUPPORT.
PAGE 13-HOUSE BILL 26-1418
( C) "PROGRAM" MEANS THE CRISIS RESOLUTION TEAM PROGRAM
CREATED IN THIS SECTION.
(2) (a) THE CRISIS RESOLUTION TEAM PROGRAM IS CREATED TO
PROVIDE COMMUNITY-BASED DE-ESCALATION AND STABILIZATION SERVICES
TO YOUTH WHO ARE EXPERIENCING HIGH-ACUITY BEHAVIORAL HEALTH
CRISES AND TO THEIR CAREGIVERS. THE ENTERPRISE, IN COLLABORATION
WITH THE BHA, SHALL ADMINISTER THE PROGRAM AND CONTRACT WITH
CRISIS RESOLUTION TEAM PROVIDERS TO OFFER THE SERVICES DESCRIBED IN
THIS SECTION.
(b) A YOUTH IS ELIGIBLE TO RECEIVE SERVICES FROM THE PROGRAM
IF THE YOUTH:
(I) HAS EXPERIENCED HIGH-ACUITY BEHAVIORAL HEALTH CRISES AS
IDENTIFIED BY THE BEHAVIORAL HEALTH CRISIS RESPONSE SYSTEM OR AN
EMERGENCY DEPARTMENT; AND
(II) IS SAFE TO REMAIN IN THE YOUTH'S HOME OR COMMUNITY WHILE
RECEIVING INTENSIVE, SHORT-TERM STABILIZATION INTERVENTIONS.
( c) A CRISIS RESOLUTION TEAM PROVIDER SHALL OFFER THE
FOLLOWING SERVICES TO YOUTH AND THEIR CAREGIVERS:
(I) COUNSELING OR THERAPY;
(II) CASE MANAGEMENT TO SUPPORT MEETING TREATMENT PLANS;
(111) PEER SUPPORT OR FAMILY SKILLS COACHING TO FOSTER
CONNECTEDNESS, GOAL SETTING, AND NEW ROUTINES TO ACHIEVE POSITIVE,
LASTING CHANGE;
(IV) MEDICATION MANAGEMENT; AND
(V) CARE COORDINATION TO PROVIDE TAILORED SUPPORT AND
CONNECTION THROUGH THE USE OF ADDITIONAL COMMUNITY RESOURCES.
( d) A CRISIS RESOLUTION TEAM PROVIDER SHALL OFFER SERVICES TO
A YOUTH AT LEAST THREE DAYS PER WEEK WITH A VARIETY OF SERVICES
OFFERED DAILY DEPENDING ON THE YOUTH'S CLINICAL NEEDS. SERVICES
PAGE 14-HOUSE BILL 26-1418
MUST BE OFFERED TO THE YOUTH FOR AT LEAST FOUR WEEKS, UP TO A
MAXIMUM OF SIX WEEKS DEPENDING ON THE YOUTH'S CLINICAL NEEDS.
(3) (a) To CONTRACT WITH THE ENTERPRISE PURSUANT TO
SUBSECTION (2)(a) OF THIS SECTION, A CRISIS RESOLUTION TEAM PROVIDER
MUST:
(I) PROVIDE SUPPORT AND STABILIZATION SERVICES ACCORDING TO
THE TIME FRAMES DESCRIBED IN SUBSECTION (2)(d) OF THIS SECTION; AND
(II) ENTER INTO COMMUNITY COORDINATION PARTNERSHIPS AS
DESCRIBED IN SECTION 27-60-104 (6).
(b) A CRISIS RESOLUTION TEAM PROVIDER MAY LOCATE WITHIN THE
FACILITY OF A COMMUNITY-BASED ORGANIZATION OR PARTNER.
( C) A CRISIS RESOLUTION TEAM PROVIDER THAT ENTERS INTO A
CONTRACT WITH THE ENTERPRISE PURSUANT TO SUBSECTION (2)(a) OF THIS
SECTION SHALL COLLECT DATA AND OUTCOMES ON THE FOLLOWING:
(I) THE NUMBER OF YOUTH SERVED BY THE CRISIS RE SOLUTION TEAM
PROVIDER, DISAGGR E GATED BY GENDER, RACE, GRADE LEVEL, DISABILITY,
ENGLISH LANGUAGE LEARNER STATUS, AND UNHOUSED STATUS TO THE
MAXIMUM EXTENT POSSIBLE IN COMPLIANCE WITH THE "COLORADO
PRIVACY ACT", PART 13 OF ARTICLE 1 OF TITLE 6;
(II) THE ORGANIZATIONS THAT REFER YOUTH TO THE CRISIS
RESOLUTION TEAM PROVIDER;
(III) THE NUMBER OF YOUTH HOSPITALIZED WHILE R E CEIVING
SERVICES FROM THE CRISIS RESOLUTION TEAM PROVIDER;
(IV) THE NUMBER OF REFERRALS FOR YOUTH TO OUT-OF-HOME
PLACEMENTS WHILE RECEIVING SERVICES FROM THE CRISIS RESOLUTION
TEAM PROVIDER; AND
(V) THE NUMBER AND TYPES OF SERVICES AND SUPPORTS THAT
YOUTH AND THEIR CAREGIVERS RECEIVE.
( 4) TO ADMINISTER THE PROGRAM, THE ENTERPRISE SHALL:
PAGE 15-HOUSE BILL 26-1418
(a) USE EXISTING COMMUNITY COORDINATION PARTNERSHIPS AS
DESCRIBED IN SECTION 27-60-104 (6) TO MAINTAIN RELATIONSHIPS WITH
THE FOLLOWING COMMUNITY PARTNERS:
(I) LOCAL COMMUNITY MENTAL AND BEHAVIORAL HEAL TH
PROVIDERS;
(II) COUNTY DEPARTMENTS OF HUMAN OR SOCIAL SERVICES;
(Ill) ORGANIZATIONS THAT SERVE JUSTICE-INVOLVED YOUTH;
(IV) SCHOOL DISTRICTS;
(V) ORGANIZATIONS THAT SERVE YOUTHS WITH INTELLECTUAL AND
DEVELOPMENTAL DISABILITIES;
(VI) LOCAL HOSPITALS AND EMERGENCY DEPARTMENTS;
(VII) LOCAL LAW ENFORCEMENT AGENCIES; AND
(VIII) PUBLIC HEALTH DEPARTMENTS;
(b) CONDUCT OUTREACH AND EDUCATE COMMUNITY PARTNERS
REGARDING CRISIS RESOLUTION TEAM SERVICES AVAILABLE THROUGH THE
PROGRAM;
( C) PROVIDE TECHNICAL ASSISTANCE TO CRISIS RESOLUTION TEAM
PROVIDERS REGARDING SPECIALIZED TRAINING AND THE USE OF SCREENING
AND ASSESSMENT TOOLS FOR YOUTH;
( d) COLLECT DATA AND OUTCOMES FROM CRISIS RESOLUTION TEAM
PROVIDERS AS DESCRIBED IN SUBSECTION (3)(c) OF THIS SECTION; AND
(e) CONDUCT, OR CONTRACT WITH A THIRD-PARTY EVALUATOR TO
CONDUCT, AN ANNUAL EVALUATION OF THE PROGRAM USING THE DATA AND
OUTCOMES COLLECTED FROM CRISIS RESOLUTION TEAM PROVIDERS
PURSUANT TO SUBSECTION (4)(d) OF THIS SECTION.
(5) BEGINNING IN JANUARY 2028, AND IN JANUARY EVERY YEAR
THEREAFTER, THE STATE DEPARTMENT SHALL INCLUDE, AS PART OF ITS
PAGE 16-HOUSE BILL 26-1418
PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY SECTION
2-7-203, INFORMATION CONCERNING THE CRISIS RESOLUTION TEAM
PROGRAM.
SECTION 2. In Colorado Revised Statutes, 27-60-109, amend
(l)(a), (2)(a), (2)(b), (3)(a) introductory portion, (3)(a)(III), (3)(b), (4)(a)
introductory portion, (4.5)(a) introductory portion, (4.5)(b) introductory
portion, (4.5)(c), and (5); and add (l)(a.7) and (2)(a.5) as follows:
27-60-109. Youth mental health services program -established
-report -rules -definitions -repeal.
( 1) As used in this section, unless the context otherwise requires:
(a) "Portal" means the website m web-based application described
in: subsection (4) of this section. that facilitates the program "ENTERPRISE"
MEANS THE YOUTH MENTAL HEAL TH SERVICES ACCESS ENTERPRISE CREA TED
IN SECTION 27-60-604.
(a.7) "PORTAL" MEANS THE WEBSITE OR WEB-BASED APPLICATION
DESCRIBED IN SUBSECTION (4) OF THIS SECTION THAT FACILITATES THE
PROGRAM.
(2) (a) There is established in the behavioral health administration
ST A TE DEPARTMENT the youth mental health services program to facilitate
access to mental health services, including substance use disorder services,
for youth to respond to mental health needs identified in an initial mental
health screening through the portal. The program reimburses providers for
up to three SIX mental health sessions with a youth.
(a.5) (I) ON AND AFTER JANUARY 1, 2028, THE ENTERPRISE SHALL
FUND THE PROGRAM AND OPERA TE THE PROGRAM, IN COLLABORATION WITH
THE BHA. ON AND AFTER JANUARY 1, 2028, THE POWERS, DUTIES, AND
FUNCTIONS OF THE ENTERPRISE INCLUDE THE POWERS, DUTIES, AND
FUNCTIONS REGARDING THE PROGRAM THAT WERE VESTED IN THE BHA
PRIOR TO THAT DA TE.
(II) 0NANDAFTERJANUARY 1,2028, WHENEVERTHEFUNCTIONSOF
THE STATE DEPARTMENT OR THE BHA RELATING TO THE PROGRAM ARE
REFERRED TO OR DESIGNATED BY A CONTRACT OR OTHER DOCUMENT IN
PAGE 17-HOUSE BILL 26-1418
CONNECTION WITH THE DUTIES AND FUNCTIONS TRANSFERRED TO THE
ENTERPRISE ON JANUARY 1, 2028, THE REFERENCE OR DESIGNATION IS
DEEMED TO APPLY TO THE ENTERPRISE.
(b) The DI IA shall PROGRAM MUST reimburse providers who
participate in the program for each mental health session with a youth,
either in-person or by telehealth, up to a maximum of three SIX sessions per
youth client; except that, subject to available money, the BHA PROGRAM
may reimburse a provider for additional sessions. To be eligible for
reimbursement from the program, a provider must be available to provide
three SIX mental health sessions to each youth the provider accepts as a
client.
(3) (a) The BHA ENTERPRISE shall:
(111) Implement a statewide public awareness and outreach
campaign about the program. The general assembly encourages the BHA
ENTERPRISE to involve schools, neighborhood youth organizations,
health-care providers, faith-based organizations, and any other
community-based organizations that interact with youth on the local level
in disseminating information about the program.
(b) The state board may promulgate ADOPT rules necessary for the
administration of this section, including rules to protect the privacy of youth
who receive services through the program. THE ST A TE BOARD SHALL
CONSULT WITH THE ENTERPRISE WHEN ADOPTING THE RULES. ALL RULES OF
THE STATE BOARD PURSUANT TO THIS SECTION ISSUED BEFORE JANUARY 1,
2028, CONTINUE TO BE EFFECTIVE AND SHALL BE ENFORCED BY THE
ENTERPRISE UNTIL SUPERSEDED, REVISED, AMENDED, REPEALED, OR
NULLIFIED PURSUANT TO LAW.
(4) (a) The BHA ENTERPRISE shall enter into an agreement with a
vendor to create A, or use an existing, website or web-based application as
a portal available to youth and providers to facilitate the program. The
portal must:
( 4.5) (a) On or before June 1 of each year, the vendor described in
subsection (4) of this section shall deliver to the BHA ENTERPRISE any of
the following, collected during the prior year:
PAGE 18-HOUSE BILL 26-1418
(b) The BHA ENTERPRISE shall conduct a survey of each provider
who participates in the program that solicits feedback about the following:
(c) This subsection (4.5) does not authorize the BHA STATE
DEPARTMENT, THEBHA, THE ENTERPRISE, a provider, a vendor, or any other
person to violate applicable federal or state patient privacy laws.
(5) On or before June 30 of each year, the state department shall
report to the house of representatives public and behavioral health and
human services committee and the senate health and human services
committee, or their ANY successor committees, regarding the number of
youth who received services under the program, excluding any personally
identifiable information in accordance with state and federal law;
information in aggregate about the services provided to youth under the
program; other relevant information regarding the program; and the
information reported to the BHA ENTERPRISE by the vendor pursuant to
subsection (4.5) of this section.
SECTION 3. In Colorado Revised Statutes, add 6-1-742 as
follows:
6-1-742. Transactions involving covered minors - prices to be
listed in U.S. dollars -deceptive trade practice -definitions.
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "COVERED PLATFORM" HAS THE MEANING SET FORTH IN SECTION
27-60-603 (2).
(b) "MINOR" MEANS AN INDIVIDUAL WHO IS UNDER EIGHTEEN YEARS
OLD.
(c) "ONLINE GAMING SERVICE, PRODUCT, OR FEATURE" MEANS AN
ONLINE SERVICE, PRODUCT, OR FEATURE, AS DEFINED IN SECTION 6-1-1303
(16.8), THAT IS INTENDED TO FACILITATE ONLINE GAMING.
(2) A COVERED PLATFORM SHALL ENSURE THA TTHE PURCHASE PRICE
FOR AN ONLINE GAMING SERVICE, PRODUCT, OR FEATURE THAT IS
REASONABLY LIKELY TO BE ACCESSED BY A MINOR IS LISTED IN UNITED
PAGE 19-HOUSE BILL 26-1418
STATES DOLLARS AT THE POINT OF SALE.
(3) A PERSON THAT VIOLATES SUBSECTION (2) OF THIS SECTION
ENGAGES IN A DECEPTIVE TRADE PRACTICE.
SECTION 4. In Colorado Revised Statutes, add article 109 to title
22 as follows:
ARTICLE 109
Youth Programming and Protections Act
22-109-101. Short title.
THE SHORT TITLE OF THIS ARTICLE 109 IS THE "YOUTH
PROGRAMMING AND PROTECTIONS ENTERPRISE ACT".
22-109-102. Legislative declaration.
( 1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
(a) (I) YOUNG PEOPLE SPEND A SIGNIFICANT PORTION OF EACH DAY
ENGAGING WITH SOCIAL MEDIA, ONLINE GAMING, AND OTHER DIGITAL
PLATFORMS DESIGNED TO MAXIMIZE ATTENTION, FREQUENCY OF USE, AND
IN-PLATFORM TRANSACTIONS;
(II) ALTHOUGH SOCIAL MEDIA TECI-INOLOGIES CAN SUPPORT
CONNECTION AND ENTERTAINMENT, EXCESSIVE OR UNSUPERVISED
ENGAGEMENT CAN CONTRIBUTE TO SOCIAL ISOLATION, DISRUPTED SLEEP,
REDUCED PHYSICAL ACTIVITY, AND INCREASED RISK OF ANXIETY,
DEPRESSION, AND COMPULSIVE USE BEHAVIORS;
(III) RESEARCH DEMONSTRATES THAT STRONG PROTECTIVE
FACTORS, INCLUDING CONSISTENT ACCESS TO SUPPORTIVE ADULTS, POSITIVE
PEER RELATIONSHIPS, AND STRUCTURED OPPORTUNITIES FOR ENGAGEMENT,
ARE CRITICAL TO PROMOTING YOUTH MENTAL HEALTH, BUILDING
RESILIENCE, AND MITIGATING THE NEGATIVE EFFECTS OF SOCIAL ISOLATION
AND EXCESSIVE SCREEN TIME;
(IV) RECENT DISABILITY-FOCUSED RESEARCH HAS FOUND THAT
CHILDREN WITH DISABILITIES ARE AT HEIGHTENED RISK OF COMPULSIVE OR
PAGE 20-HOUSE BILL 26-1418
EXCESSIVE ONLINE GAME USE, INCLUDING INCREASED INATTENTION,
OPPOSITIONAL BEHAVIOR, SEDENTARY BEHAVIOR, EMOTIONAL
DYSREGULATION, AND MEASURABLE NEGATIVE IMPACTS ON ACADEMIC
PERFORMANCE WHEN GAMING BECOMES A DOMINANT DAILY ACTIVITY;
(V) ONLINE SOCIAL GAMING ENVIRONMENTS FREQUENTLY DISPLACE
TIME THAT WOULD OTHERWISE BE SPENT ON HOMEWORK, READING,
SLEEPING, THERAPY PARTICIPATION, EXTRACURRICULAR INVOLVEMENT,
FAMILY INTERACTION, AND IN-PERSON PEER DEVELOPMENT, ALL OF WHICH
ARE CRITICAL CONTRIBUTORS TO EDUCATIONAL ACHIEVEMENT AND
DEVELOPMENTAL PROGRESS;
(VJ) IN ADDITION TO COMPULSIVE USE, SOCIAL GAMING PLATFORMS
EXPOSE CHILDREN WITH DISABILITIES TO HEIGHTENED RISKS OF ONLINE
BULLYING, HARASSMENT, MANIPULATION, AND UNHEALTHY SOCIAL
COMPARISON IN LARGELY UNMODERATED DIGITAL ENVIRONMENTS, WHICH
CAN FURTHER AGGRAVATE ANXIETY, DEPRESSION, SCHOOL AVOIDANCE, AND
FEELINGS OF SOCIAL ALIENATION;
(VII) OUT-OF-SCHOOL TIME PROGRAMS ARE A PROVEN STRATEGY
FOR DELIVERING THESE PROTECTIVE FACTORS BY PROVIDING SAFE,
SUPERVISED ENVIRONMENTS, FOSTERING MEANINGFUL RELATIONSHIPS WITH
TRUSTED ADULTS AND PEERS, AND ENGAGING YOUNG PEOPLE IN HANDS-ON
LEARNING, PHYSICAL ACTIVITY, AND SKILL DEVELOPMENT THAT REDUCE
RELIANCE ON PASSIVE OR EXCESSIVE DIGITAL USE AND IMPROVE
SOCIAL-EMOTIONAL OUTCOMES;
(VIII) THERE IS SIGNIFICANT UNMET DEMAND FOR OUT-OF-SCHOOL
TIME PROGRAMS ACROSS COLORADO; MANY CHILDREN WOULD PARTICIPATE
IF PROGRAMS WERE AVAILABLE;
(IX) STATE-LEVEL SUPPORT FOR EDUCATIONAL RIGHTS, INCLUDING
LEGAL RESOURCES, TECHNICAL ASSISTANCE, AND FAMILY AWARENESS,
PROMOTES ACCOUNT ABILITY, HELPS FAMILIES NAVIGATE COMPLEX SYSTEMS,
AND STRENGTHENS TRUST IN EDUCATIONAL INSTITUTIONS; AND
(X) IT IS IN THE BEST INTEREST OF THE STATE TO INVEST IN
PREVENTION AND EARLY INTERVENTION STRATEGIES THAT PROMOTE YOUTH
WELL-BEING, INCLUDING SUSTAINABLE FUNDING FOR OUT-OF-SCHOOL TIME
PROGRAMS AND EDUCATIONAL RIGHTS ENFORCEMENT, AND TO REQUIRE
PAGE 21-HOUSE BILL 26-1418
CERTAIN SOCIAL MEDIA PLATFORMS THAT PROFIT FROM YOUTH
ENGAGEMENT, INCLUDING GAMING TRANSACTIONS, TO IMPOSE AND COLLECT
A FEE ON EACH ADD-ON TRANSACTION TO BE CREDITED TO THE YOUTH
PROGRAMMING AND PROTECTIONS ENTERPRISE FUND CREATED IN THIS
ARTICLE 109, FROM WHICH FUND THE YOUTH PROGRAMMING AND
PROTECTIONS ENTERPRISE MAY:
(A) AWARDGRANTSTHROUGHTHEOUT-OF-SCHOOLTIMEPROGRAM
GRANT PROGRAM CREATED IN SECTION 22-105.5-104; AND
(B) SUPPORT THE DEPARTMENT OF EDUCATION'S ENFORCEMENT OF
EDUCATIONAL RIGHTS, AS DESCRIBED IN SECTION 22-109-105;
(b) BY SUPPORTING THE OUT-OF-SCHOOL TIME PROGRAM GRANT
PROGRAM CREATED IN SECTION 22-105.5-104 AND SUPPORTING THE
DEPARTMENT OF EDUCATION'S ENFORCEMENT OF EDUCATIONAL RIGHTS, AS
DESCRIBED IN SECTION 22-109-105, THE ENTERPRISE ENGAGES IN AN
ACTIVITY CONDUCTED IN THE PURSUIT OF A BENEFIT, GAIN, OR LIVELIHOOD
AND THEREFORE OPERA TES AS A BUSINESS;
( C) CONSISTENT WITH THE DETERMINATION OF THE COLORADO
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 896
P.2d 859(COLO.1995), THATTHEPOWERTOIMPOSETAXESIS INCONSISTENT
WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE X OF THE STATE
CONSTITUTION, THE GENERAL ASSEMBLY CONCLUDES THAT THE FEE IMPOSED
BY THE ENTERPRISE IS A FEE, NOT A TAX, BECAUSE THE FEE IS IMPOSED FOR
THE SPECIFIC PURPOSE OF ALLOWING THE ENTERPRISE TO DEFRAY THE COSTS
OF PROVIDING THE BENEFITS AND SERVICES SPECIFIED IN SUBSECTION (l)(a)
OF THIS SECTION TO YOUTH USERS OF COVERED PLATFORMS, AND THE FEE IS
IMPOSED AT A RA TE THAT IS REASONABLY CALCULATED TO OFFSET THE
DIRECT AND INDIRECT COSTS OF THE SERVICES RECEIVED BY YOUTH USERS
OF COVERED PLATFORMS;
( d) SO LONG AS THE ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR
PURPOSES OF SECTION 20 OF ARTICLE X OF THE ST ATE CONSTITUTION, THE
REVENUE FROM THE FEE IMPOSED BY THE ENTERPRISE IS NOT ST A TE FISCAL
YEAR SPENDING, AS DEFINED IN SECTION 24-77-102, OR ST A TE REVENUES, AS
DEFINED IN SECTION 24-77-103.6 (6)(c), AND DOES NOT COUNT AGAINST
EITHER THE STATE FISCAL YEAR SPENDING LIMIT IMPOSED BY SECTION 20 OF
ARTICLE X OF THE STATE CONSTITUTION OR THE EXCESS STATE REVENUES
PAGE 22-HOUSE BILL 26-1418
CAP, AS DEFINED IN SECTION 24-77-103.6 (6)(b)(l); AND
( e) No OTHER ENTERPRISE CREA TED SIM ULT ANEOUSL y OR WITHIN
THE PRECEDING FIVE YEARS SERVES PRIMARILY THE SAME PURPOSE AS THE
ENTERPRISE, AND THE ENTERPRISE WILL GENERA TE REVENUE FROM FEES OF
LESS THAN ONE HUNDRED MILLION DOLLARS TOT AL IN ITS FIRST FIVE FISCAL
YEARS. ACCORDINGLY, THE CREATION OF THE ENTERPRISE DOES NOT
REQUIRE VOTER APPROVAL PURSUANT TO SECTION 24-77-108.
22-109-103. Definitions.
AS USED IN THIS ARTICLE 109, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(1) "ADD-ON TRANSACTION" HAS THE MEANING SET FORTH IN
SECTION 27-60-603 (1).
(2) "COVERED PLATFORM" HAS THE MEANING SET FORTH IN SECTION
27-60-603 (2).
(3) "ENTERPRISE" MEANS THE YOUTH PROGRAMMING AND
PROTECTIONS ENTERPRISE CREATED IN SECTION 22-109-104.
( 4) "FEE" MEANS THE YOUTH MENTAL HEALTH SERVICES ACCESS FEE
IMPOSED BY COVERED PLATFORMS PURSUANT TO SECTION 27-60-605.
(5) "FUND" MEANS THE YOUTH PROGRAMMING AND PROTECTIONS
ENTERPRISE FUND CREATED IN SECTION 22-109-104 (6).
(6) "ONLINE GAMING SERVICE, PRODUCT, OR FEATURE" MEANS AN
ONLINE SERVICE, PRODUCT, OR FEATURE, AS DEFINED IN SECTION 6-1-1303
(16.8), THAT IS INTENDED TO FACILITATE ONLINE GAMING .
(7) "PROCESS" OR "PROCESSING" HAS THE MEANING SET FORTH IN
SECTION 6-1-1303 (18).
(8) "PROCESSOR" HAS THE MEANING SET FORTH fN SECTION 6-1-1303
(19).
(9) "REASONABLY LIKELY TO BE ACCESSED BY A YOUTH" MEANS
PAGE 23-HOUSE BILL 26-1418
THAT AN ONLINE GAMING SERVICE, PRODUCT, OR FEATURE IS REASONABLY
LIKELY TO BE ACCESSED BY A YOUTH BECAUSE THE ONLINE GAMING
SERVICE, PRODUCT, OR FEATURE IS DIRECTED TO CHILDREN, AS DESCRIBED
BY THE FEDERAL "CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998 ",
15U.S.C.SECS.6501 T06506,ANDTHEASSOCIATEDRULESOFTHEFEDERAL
TRADE COMMISSION.
(10) "YOUTH" HAS THE MEANING SET FORTH IN SECTION 27-60-109
(l)(e).
22-109-104. Youth programming and protections enterprise -
created -board -powers and duties -rules and policies -fund -repeal.
( 1) (a) THE YOUTH PROGRAMMING AND PROTECTIONS ENTERPRISE IS
CREATED IN THE DEPARTMENT OF EDUCATION. THE ENTERPRISE IS AND
OPERATES AS A GOVERNMENT-OWNED BUSINESS WITHIN THE DEPARTMENT
FOR THE BUSINESS PURPOSE OF COLLECTING FEES IMPOSED BY COVERED
PLATFORMS PURSUANT TO SECTION 27-60-605 AND UTILIZING THE FEE
REVENUE TO A WARD GRANTS THROUGH THE OUT-OF-SCHOOL TIME PROGRAM
GRANT PROGRAM CREATED IN SECTION 22-105.5-104 AND TO SUPPORT THE
DEPARTMENT'S ENFORCEMENT OF EDUCATIONAL RIGHTS, AS DESCRIBED IN
SECTION 22-109-105. THE ENTERPRISE IS A TYPE 1 ENTITY, AS DEFINED IN
SECTION 24-1-105, AND EXERCISES ITS POWER AND PERFORMS ITS DUTIES
AND FUNCTIONS UNDER THE DEPARTMENT.
(b) THE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES OF
SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT
RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS
THAN TEN PERCENT OF ITS TOTAL REVENUES IN GRANTS FROM ALL
COLORADO STATE AND LOCAL GOVERNMENTS COMBINED. So LONG AS IT
CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION ( 1 ), THE
ENTERPRISE IS NOT SUBJECT TO SECTION 20 OF ARTICLE X OF THE STATE
CONSTITUTION.
( C) THE ENTERPRISE SHALL BE DIRECTED BY A BOARD OF
INDIVIDUALS TO CONSIST OF THE FOLLOWING INDIVIDUALS:
(I) THE COMMISSIONER OF EDUCATION, OR THE COMMISSIONER'S
DESIGNEE, WHO SHALL SERVE AS AN EX-OFFICIO NONVOTING MEMBER;
PAGE 24-HOUSE BILL 26-1418
(II) ONE INDIVIDUAL WHO REPRESENTS A STATEWIDE SPECIAL
EDUCATION CONSORTIUM, TO BE APPOINTED BY THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES;
(Ill) ONE INDIVIDUAL WHO REPRESENTS A ST A TE WIDE
OUT-OF-SCHOOL TIME PROGRAMMING ENTITY, TO BE APPOINTED BY THE
PRESIDENT OF THE SENA TE;
(IV) ONE INDIVIDUAL WHO REPRESENTS A LOCAL GOVERNMENT
ENTITY WITH A FOCUS ON SUPPORTING OUT-OF-SCHOOL TIME PROGRAMS, TO
BE APPOINTED BY THE GOVERNOR;
(V) ONE INDIVIDUAL WHO REPRESENTS AN ORGANIZATION THAT
PROVIDES FINANCIAL SUPPORT TO FAMILIES TO ACCESS OUT-OF-SCHOOL TIME
PROGRAMS, TO BE APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF
REPRESENTATIVES;
(VI) ONE INDIVIDUAL WHO REPRESENTS A PHILANTHROPIC
FOUNDATION WHOSE MISSION INCLUDES SUPPORT FOR OUT-OF-SCHOOL TIME
PROGRAMS, TO BE APPOINTED BY THE GOVERNOR;
(VII) ONE INDIVIDUAL WHO REPRESENTS AN ADVOCACY
ORGANIZATION THAT REPRESENTS STUDENTS WITH DISABILITIES, TO BE
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES;
(VIII) ONE INDIVIDUAL WITH EXPERTISE IN FINANCIAL
ADMINISTRATION OR GRANT ADMINISTRATION FOR NONPROFIT
ORGANIZATIONS, TO BE APPOINTED BY THE MINORITY LEADER OF THE
SENATE;
(IX) ONE INDIVIDUAL WHO REPRESENTS AN OUT-OF-SCHOOL TIME
PROGRAM PROVIDER IN A RURAL AREA, TO BE APPOINTED BY THE MINORITY
LEADER OF THE SENA TE;
(X) ONE INDIVIDUAL WHO REPRESENTS AN OUT-OF-SCHOOL TIME
PROGRAM PROVIDER IN A METROPOLITAN AREA, TO BE APPOINTED BY THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES;
(XI) ONE INDIVIDUAL WHO IS A SPECIAL EDUCATION DIRECTOR FOR
A SCHOOL DISTRICT, TO BE APPOINTED BY THE PRESIDENT OF THE SENATE;
PAGE 25-HOUSE BILL 26-1418
AND
(XII) ONE INDIVIDUAL WITH EXPERTISE IN PROGRAMS THATS UP PORT
ACADEMIC ACHIEVEMENT AND SOCIAL-EMOTIONAL SKILL DEVELOPMENT, TO
BE APPOINTED BY THE GOVERNOR.
(d) THE APPOINTING AUTHORITIES DESCRIBED IN SUBSECTION (l)(c)
OFTHISSECTIONSHALLAPPOINTTHEINITIALMEMBERSOFTHEBOARDONOR
BEFORE DECEMBER 1, 2026.
( e) EACH MEMBER OF THE BOARD SERVES AT THE PLEASURE OF THE
MEMBER'S APPOINTING AUTHORITY AND MAY BE REPLACED BY THE
MEMBER'S APPOINTING AUTHORITY AT ANY TIME. A MEMBER APPOINTED AS
A REPLACEMENT SHALL SERVE OUT THE REPLACED MEMBER'S TERM AND
MAY BE REAPPOINTED TO A FULL TERM.
(f) BOARD MEMBERS SHALL SERVE TERMS OF THREE YEARS, EXCEPT
THAT:
(I) THE INITIAL BOARD MEMBERS APPOINTED PURSUANT TO
SUBSECTIONS ( 1 )( c )(II), ( 1 )( c )(III), AND ( 1 )( c )(IV) OF THIS SECTION SHALL
SERVE INITIAL TERMS OF ONE YEAR; AND
(II) THE INITIAL BOARD MEMBERS APPOINTED PURSUANT TO
SUBSECTIONS ( 1 )( c )(V), ( 1 )( c )(VI), AND ( 1 )( c )(VII) OF THIS SECTION SHALL
SERVE INITIAL TERMS OF TWO YEARS.
(g) A BOARD MEMBER MAY NOT SERVE MORE THAN TWO
CONSECUTIVE THREE-YEAR TERMS.
(h) THE BOARD SHALL HOLD ITS FIRST MEETING ON OR BEFORE
FEBRUARY 1, 2027. AT THE BOARD'S FIRST MEETING, THE BOARD SHALL
ELECT A CHAIR AND A VICE-CHAIR FROM THE MEMBERS OF THE BOARD.
(2) THE ENTERPRISE, ACTING THROUGH THE BOARD, MAY:
(a) ENTER INTO CONTRACTS NECESSARY FOR PROFESSIONAL AND
TECHNICAL ASSISTANCE AND ADVICE AND TO SUPPLY OTHER SERVICES
RELATED TO THE CONDUCT OF THE AFFAIRS OF THE ENTERPRISE, WITHOUT
REGARD TO THE "PROCUREMENT CODE", ARTICLES 101 TO 112 OFTITLE24;
PAGE 26-HOUSE BILL 26-1418
(b) BY RESOLUTION , AUTHORIZE AND ISSUE REVENUE BONDS THAT
ARE PAY ABLE ONLY FROM THE MONEY IN THE FUND;
(c) ADOPT RULES AS NECESSARY TO CARRY OUT THIS ARTICLE 109;
AND
( d) ADOPT POLICIES FOR THE REGULATION OF ITS AFFAIRS AND THE
CONDUCT OF ITS BUSINESS CONSISTENT WITH THIS ARTICLE 109.
(3) ON AND AFTER JANUARY 1, 2028, THE ENTERPRISE SHALL:
( a) PROVIDE GRANTS THROUGH THE OUT-OF-SCHOOL TIME PROGRAM
GRANT PROGRAM CREATED IN SECTION 22-105.5-104; AND
(b) SUPPORT THE DEPARTMENT OF EDUCATION'S ENFORCEMENT OF
EDUCATIONAL RIGHTS, AS DESCRIBED IN SECTION 22-109-105.
(4) (a) THE ENTERPRISE IS SUBJECT TO THE OPEN MEETINGS
PROVISIONS OF THE "COLORADO SUNSHINE ACT OF 1972", PART 4 OF
ARTICLE 6 OF TITLE 24.
(b) THE ENTERPRISE IS SUBJECT TO THE "COLORADO OPEN RECORDS
AcT",PART2OFARTICLE72OFTITLE24.FORPURPOSESOFTHE"COLORADO
OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24, AND EXCEPT AS
MAY OTHERWISE BE PROVIDED BY FEDERAL LAW OR REGULATION OR STATE
LAW, THE RECORDS OF THE ENTERPRISE ARE PUBLIC RECORDS, AS DEFINED
IN SECTION 24-72-202, REGARDLESS OF WHETHER THE ENTERPRISE RECEIVES
LESS THAN TEN PERCENT OF ITS TOT AL ANNUAL REVENUE IN GRANTS, AS
DEFINED IN SECTION 24-77-102, FROM ALL COLORADO STATE AND LOCAL
GOVERNMENTS COMBINED.
( c) THE ENTERPRISE IS A PUBLIC ENTITY FOR PURPOSES OF THE
"SUPPLEMENTAL PUBLIC SECURITIES ACT", PART 2 OF ARTICLE 57 OF TITLE
11.
(5) THE DEPARTMENT OF EDUCATION SHALL PROVIDE OFFICE SPACE
AND ADMINISTRATIVE STAFF TO THE ENTERPRISE PURSUANT TO A CONTRACT
ENTERED INTO PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION.
(6) (a) THE YOUTH PROGRAMMING AND PROTECTIONS ENTERPRISE
PAGE 27-HOUSE BILL 26-1418
FUND IS CREATED IN THE STATE TREASURY. THE FUND CONSISTS OF MONEY
CREDITED TO THE FUND IN ACCORDANCE WITH SECTION 27-60-605; ANY
MONEY RECEIVED FROM THE ISSUANCE OF REVENUE BONDS, AS DESCRIBED
IN SUBSECTION (2)(b) OF THIS SECTION; AND ANY OTHER MONEY THAT THE
GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND.
(b) THE ST A TE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO
THE FUND.
( c) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
ENTERPRISE. THE ENTERPRISE MAY EXPEND MONEY FROM THE FUND FOR THE
PURPOSES OF THIS ARTICLE 109, SUBJECT TO THE REQUIREMENTS OF
SUBSECTION (6)(d) OF THIS SECTION.
( d) THE ENTERPRISE MAY SPEND NO MORE THAN THREE PERCENT OF
THE ANNUAL FEE REVENUE FOR THE ENTERPRISE'S ADMINISTRATIVE
EXPENSES.
(7) (a) SECTION 24-77-108 DOES NOT APPLY TO THE ENTERPRISE
BECAUSE THE TOTAL AMOUNT OF MONEY CREDITED OR APPROPRIATED TO
THE FUND AS FEE REVENUE SHALL NOT EXCEED ONE HUNDRED MILLION
DOLLARS IN THE FIRST FIVE FISCAL YEARS OF THE ENTERPRISE'S EXISTENCE.
(b) THIS SUBSECTION (7) IS REPEALED, EFFECTIVE JULY 1, 2033.
(8) THE BOARD MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR
DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS
SECTION, SO LONG AS THE COMBINATION OF GRANTS FROM STATE AND LOCAL
GOVERNMENTS IS LESS THAN TEN PERCENT OF THE ENTERPRISE'S TOT AL
ANNUAL REVENUE.
22-109-105. Educational rights enforcement.
THE DEPARTMENT OF EDUCATION SHALL USE MONEY MADE
AVAILABLE FROM THE YOUTH PROGRAMMING AND PROTECTIONS ENTERPRISE
FUND CREA TED IN SECTION 22-109-104 ( 6) TO ENFORCE EDUCATIONAL
RIGHTS ON BEHALF OF CHILDREN.
22-109-106. Complaints.
PAGE 28-HOUSE BILL 26-1418
IF THE DEPARTMENT OF EDUCATION RECEIVES MONEY FROM THE
FUND TO ENFORCE EDUCATIONAL RIGHTS ON BEHALF OF CHILDREN AS
DESCRIBED IN SECTION 22-109-105, THE DEPARTMENT SHALL TAKE
COMPLAINTS PURSUANT TO SECTION 22-29.5-114.
SECTION 5. In Colorado Revised Statutes, 22-105.5-104, amend
(3)(a) and (3)(b); and add (5) as follows:
22-105.5-104. Out-of-school time program grant program -
created -use of grants -funding -rules -repeal.
(3) (a) The department shall administer the grant program IN
CONSULTATION WITH THE YOUTH PROGRAMMING AND PROTECTIONS
ENTERPRISE CREATED IN SECTION 22-109-104.
(b) Subject to available appropriations, THE YOUTH PROGRAMMING
AND PROTECTIONS ENTERPRISE CREATED IN SECTION 22-109-104, IN
CONSULTATION WITH the state board, shall award grants as provided in
section 22-105.5-105.
(5) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE 105.5 TO
THE CONTRARY, IN AWARDING GRANTS FROM THE GRANT PROGRAM, THE
YOUTH PROGRAMMING AND PROTECTIONS ENTERPRISE CREATED IN SECTION
22-109-104 MAY A WARD GRANTS FROM THE YOUTH PROGRAMMING AND
PROTECTIONS ENTERPRISE FUND CREATED IN SECTION 22-109-104 (6) IN
CONSULTATION WITH THE STATE BOARD.
SECTION 6. In Colorado Revised Statutes, 22-105.5-105, amend
(1) and (3)(a) as follows:
22-105.5-105. Grant program eligibility -application -criteria
-awards.
(1) To be eligible to receive a grant, an entity:
(a) Must be a nonprofit organization that is exempt from taxation
pursuant to section 501 (c)(3) of the federal "Internal Revenue Code of
1986", as amended, with at least five years' experience providing affordable
and comprehensive academic enrichment and related services to students in
the state; and
PAGE 29-HOUSE BILL 26-1418
(b) May, but is not required to, have a partnership with a school
district in which the entity will provide affordable and comprehensive
academic enrichment and related services to students; AND
( C) MUST PROVIDE PROGRAMMING AND SERVICES THAT SUPPORT THE
MENTAL HEALTH AND WELL-BEING OF CHILDREN AND YOUTH, INCLUDING,
BUT NOT LIMITED TO, SOCIAL AND EMOTIONAL LEARNING,
TRAUMA-INFORMED CARE, FAMILY ENGAGEMENT, SUICIDE PREVENTION
SCREENINGS, COMMUNITY MENTAL HEALTH RESOURCE NAVIGATION, AND
SMALL-GROUP OR INDIVIDUAL INTERVENTIONS.
(3) (a) THE YOUTH PROGRAMMING AND PROTECTIONS ENTERPRISE
CREATED IN SECTION 22-109-104, IN CONSULTATION WITH the department,
shall review the applications received pursuant to this section to determine
eligibility for the grant program, and, subject to available appropriations,
THE YOUTH PROGRAMMING AND PROTECTIONS ENTERPRISE, IN
CONSULTATION WITH the state board, shall award grants to eligible entities.
SECTION 7. Appropriation. (1) For the 2026-27 state fiscal year,
$294,984 is appropriated to the department of revenue. This appropriation
is from the general fund. To implement this act, the department may use this
appropriation as follows:
(a) $34,850 for use by the executive director's office for personal
services related to administration and support;
(b) $195,352 for tax administration IT system (GenTax) support;
( c) $38,282 for use by taxation business group for personal services
related to taxation services, which amount is based on an assumption that
the division will require an additional 0.2 FTE; and
( d) $26,500 for the purchase of legal services.
(2) For the 2026-27 state fiscal year, $26,500 is appropriated to the
department oflaw. This appropriation is from reappropriated funds received
from the depaitment of revenue under subsection (l)(d) of this section and
is based on an assumption that the department of law will require an
addition 0.1 FTE. To implement this act: the department oflaw may use this
appropriation to provide legal services for the department of revenue.
PAGE 30-HOUSE BILL 26-1418
(3) For the 2026-27 state fiscal year, $145,750 is appropriated to the
department of law. This appropriation is from the youth mental health
services access enterprise fund created in section 27-60-604 (6)(a), C.R.S.,
from revenue received from the youth mental health services access
enterprise that is continuously appropriated to the enterprise pursuant to
section 27-60-604 ( 6)( c ), C.R.S. The appropriation to the department oflaw
is based on an assumption that the department of law will require an
additional 0.6 FTE. To implement this act, the department of law may use
this appropriation to provide legal services for the youth mental health
services a~cess enterprise.
(4) For the 2026-27 state fiscal year, $79,500 is appropriated to the
department of law. This appropriation is from the youth programming and
protections enterprise fund created in section 22-109-104 (6)(a), C.R.S.,
from revenue received from the youth programming and protections
enterprise that is continuously appropriated to the enterprise pursuant to
section 22-109-104 (6)(c), C.R.S. The appropriation to the department of
law is based on an assumption that the department of law will require an
additional 0.3 FTE. To implement this act, the department of law may use
this appropriation to provide legal services for the youth programming and
protections enterprise.
SECTION 8. Severability. If any provision of this act or the
application of this act to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the act that can
be given effect without the invalid provision or application, and to this end
the provisions of this act are declared to be severable.
SECTION 9. Act subject to petition -effective date. (l) Except
as described in subsection (2) of this section, section 27-60-109, Colorado
Revised Statutes, as amended in section 2 of this act, takes effect January
1, 2028, and the remainder of 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 (August 12, 2026, if adjournment sine die is on May
13, 2026); 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 November 2026 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor; except that section
PAGE 31-HOUSE BILL 26-1418
27-60-109, Colorado Revised Statutes, as amended in section 2 of this act,
takes effect January 1, 2028.
(2) Section 22-109-106, Colorado Revised Statutes, as enacted in
section 4 of this act, takes effect only if Senate Bill 26-125 is enacted and
signed into law, in which case section 22-109-106 takes effect on the
effective date of this act or Senate Bill 26-125, whichever is later.
Juli~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
i •
PAGE 32-HOUSE BILL 26-1418
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
FCOLORADO