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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0992.02 Richard Sweetman x4333 HOUSE BILL 26-1418
House Committees Senate Committees
Finance
A BILL FOR AN ACT
CONCERNING THE PROVISION OF SERVICES TO YOUNG PEOPLE, AND, IN101
CONNECTION THEREWITH, REQUIRING CERTAIN SOCIAL MEDIA102
PLATFORMS THAT PROVIDE ONLINE GAMING SERVICES ,103
PRODUCTS, AND FEATURES TO YOUNG PEOPLE TO IMPOSE A FEE104
ON EACH ADD -ON TRANSACTION AND REMIT THE FEE TO THE105
YOUTH MENTAL HEALTH SERVICES ACCESS ENTERPRISE, WHICH106
ENTERPRISE IS CREATED IN THE BILL , AND DIRECTING THE107
ENTERPRISE TO USE THE FEE REVENUE TO OPERATE AND FUND108
CERTAIN PROGRAMS THAT PROVIDE MENTAL HEALTH SERVICES109
TO YOUNG PEOPLE.110
Bill Summary
(Note: This summary applies to this bill as introduced and does
HOUSE SPONSORSHIP
Zokaie and Camacho,
SENATE SPONSORSHIP
Amabile and Roberts,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill requires each covered social media platform (covered
platform) to impose a fee on each add-on transaction that occurs on the
covered platform. The bill creates the youth mental health services access
enterprise (enterprise) in the behavioral health administration (BHA) to
use the fee revenue to operate and fund programs that provide youth
mental health services. The enterprise constitutes an enterprise for
purposes of section 20 of article X of the state constitution.
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:
! Conducts business in this state;
! Generates a majority of its annual revenue from online
services;
! Makes available online gaming services, products, or
features that are reasonably likely to be accessed by a
youth;
! Collects users' personal data or has users' personal data
collected on its behalf by a processor; and
! Solely or jointly with others determines the purposes and
means of the processing of users' personal data.
"Add-on transaction" means an online transaction through which
a player or participant in an online gaming service, product, or feature
acquires:
! An item or ability that provides the player or participant an
advantage over other players or participants; or
! A feature that alters or enhances the online gaming service,
product, or feature.
After deducting its administrative expenses, the enterprise is
required to allocate the remaining fee revenue as follows:
! 40% to operate and fund the youth mental health peer
navigator grant program, which program is created in the
bill (see below);
! 35% to operate and fund the crisis resolution team
program, which program is created in the bill (see below);
and
! 25%, beginning July 1, 2027, to operate the existing youth
mental health services program (see below).
The initial amount of the fee is 5% of the amount of the add-on
transaction. On and after October 1, 2027, the enterprise may adjust the
amount of the fee.
HB26-1418-2-
The bill creates the youth mental health services access enterprise
fund (fund), consisting of money credited to the fund as fee revenue, any
money received from the issuance of revenue bonds, and any other money
that the general assembly may appropriate or transfer to the fund. Money
in the fund is continuously appropriated to the enterprise.
The bill creates the youth mental health peer navigator grant
program to award 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.
The bill creates the crisis resolution team program to provide
community-based de-escalation and stabilization services to youth who
are experiencing high-acuity behavioral health crises and to their
caregivers.
Under current law, the BHA operates the youth mental health
services program to facilitate access to mental health services, including
substance use disorder services, for youth in response to mental health
needs identified in an initial mental health screening through the
program's web-based portal. The program reimburses providers for up to
3 mental health sessions with a youth. The bill directs the enterprise,
rather than the BHA, to operate and fund the youth mental health services
program beginning July 1, 2027. The bill also allows the enterprise to
reimburse a provider for up to 6 mental health sessions with a youth.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 6 to article2
60 of title 27 as follows:3
PART 64
YOUTH MENTAL HEALTH SERVICES ACCESS ENTERPRISE5
27-60-601. Short title.6
THE SHORT TITLE OF THIS PART 6 IS THE "YOUTH MENTAL HEALTH7
SERVICES ACCESS ENTERPRISE ACT".8
27-60-602. Legislative declaration.9
(1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:10
(a) (I) Y OUNG PEOPLE IN COLORADO AND ELSEWHERE SPEND A11
REMARKABLE AMOUNT OF TIME EVERY DAY MONITORING AND12
PARTICIPATING IN ONLINE SOCIAL MEDIA AND OTHER WEBSITES , WHERE13
HB26-1418-3-
THEY ARE EXPOSED TO ADULT -THEMED CONTENT, SEXUAL PREDATORS ,1
AND UNSCRUPULOUS MARKETERS;2
(II) Y OUNG PEOPLE ARE ESPECIALLY VULNERABLE TO THREATS3
THAT EXIST ON THE INTERNET BECAUSE YOUNG PEOPLE LACK EXPERIENCE4
AND BECAUSE THERE ARE INDIVIDUALS AND OTHER ENTITIES THAT TARGET5
YOUNG PEOPLE ON THE INTERNET FOR PREDATORY PURPOSES;6
(III) IT IS WELL-DOCUMENTED THAT THE BRAINS OF CHILDREN AND7
JUVENILES ARE NOT FULLY DEVELOPED AND THAT , FOR MANY YOUNG8
PEOPLE, THE CONSTANT AND OVERWHELMING PRESENCE OF SOCIAL MEDIA9
AND THE INTERNET EXACERBATES THE DIFFICULTIES OF THE TRANSITION10
FROM CHILDHOOD TO ADULTHOOD;11
(IV) M ANY YOUNG PEOPLE WHO DEVELOP COMPULSIVE USE12
DISORDERS OR WHO ARE OTHERWISE HARMED BY SOCIAL MEDIA WEBSITES13
OR THE INTERNET CAN BENEFIT FROM PROGRAMS THAT OFFER MENTAL14
HEALTH SERVICES; AND15
(V) IT IS IN THE BEST INTEREST OF THE STATE TO REQUIRE CERTAIN16
INTERNET WEBSITES THAT MARKET AND PROVIDE GAMING OPPORTUNITIES17
TO CHILDREN AND JUVENILES AND PROFIT FROM SUCH VENTURES TO18
IMPOSE AND COLLECT A FEE ON EACH ADD -ON TRANSACTION TO BE19
CREDITED TO THE YOUTH MENTAL HEALTH SERVICES ACCESS ENTERPRISE20
FUND CREATED IN THIS PART 6, FROM WHICH FUND THE YOUTH MENTAL21
HEALTH SERVICES ACCESS ENTERPRISE MAY AWARD GRANTS TO MENTAL22
HEALTH AGENCIES THAT PROVIDE MENTAL HEALTH SERVICES TO YOUNG23
PEOPLE, AS DESCRIBED IN THIS PART 6;24
(b) B Y SUPPORTING YOUTH MENTAL HEALTH SERVICES AS25
DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION , THE ENTERPRISE26
ENGAGES IN AN ACTIVITY CONDUCTED IN THE PURSUIT OF A BENEFIT, GAIN,27
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OR LIVELIHOOD AND THEREFORE OPERATES AS A BUSINESS;1
(c) C ONSISTENT WITH THE DETERMINATION OF THE COLORADO2
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 8963
P.2d 859 (COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS4
INCONSISTENT WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE5
X OF THE STATE CONSTITUTION , THE GENERAL ASSEMBLY CONCLUDES6
THAT THE FEE IMPOSED BY THE ENTERPRISE IS A FEE, NOT A TAX, BECAUSE7
THE FEE IS IMPOSED FOR THE SPECIFIC PURPOSE OF ALLOWING THE8
ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING THE BENEFITS AND9
SERVICES SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION TO YOUTH10
USERS OF SOCIAL MEDIA PLATFORMS, AND THE FEE IS IMPOSED AT A RATE11
THAT IS REASONABLY CALCULATED TO OFFSET THE DIRECT AND INDIRECT12
COSTS OF THE SERVICES RECEIVED BY YOUTH USERS OF SOCIAL MEDIA13
PLATFORMS;14
(d) SO LONG AS THE ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR15
PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, THE16
REVENUE FROM THE FEE IMPOSED BY THE ENTERPRISE IS NOT STATE FISCAL17
YEAR SPENDING, AS DEFINED IN SECTION 24-77-102, OR STATE REVENUES,18
AS DEFINED IN SECTION 24-77-103.6 (6)(c), AND DOES NOT COUNT19
AGAINST EITHER THE STATE FISCAL YEAR SPENDING LIMIT IMPOSED BY20
SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION OR THE EXCESS21
STATE REVENUES CAP, AS DEFINED IN SECTION 24-77-103.6 (6)(b)(I); AND22
(e) NO OTHER ENTERPRISE CREATED SIMULTANEOUSLY OR WITHIN23
THE PRECEDING FIVE YEARS SERVES PRIMARILY THE SAME PURPOSE AS THE24
ENTERPRISE, AND THE ENTERPRISE WILL GENERATE REVENUE FROM FEES25
OF LESS THAN ONE HUNDRED MILLION DOLLARS TOTAL IN ITS FIRST FIVE26
FISCAL YEARS. ACCORDINGLY, THE CREATION OF THE ENTERPRISE DOES27
HB26-1418-5-
NOT REQUIRE VOTER APPROVAL PURSUANT TO SECTION 24-77-108.1
27-60-603. Definitions.2
AS USED IN THIS PART 6, UNLESS THE CONTEXT OTHERWISE3
REQUIRES:4
(1) "A DD-ON TRANSACTION " MEANS AN ONLINE TRANSACTION5
THROUGH WHICH A PLAYER OR PARTICIPANT IN AN ONLINE GAMING6
SERVICE, PRODUCT, OR FEATURE ACQUIRES:7
(a) A N ITEM OR ABILITY THAT PROVIDES THE PLAYER OR8
PARTICIPANT AN ADVANTAGE OVER OTHER PLAYERS OR PARTICIPANTS; OR9
(b) A FEATURE THAT ALTERS OR ENHANCES THE ONLINE GAMING10
SERVICE, PRODUCT, OR FEATURE.11
(2) "C OVERED PLATFORM " MEANS A SOLE PROPRIETORSHIP , A12
PARTNERSHIP, A LIMITED LIABILITY COMPANY , A CORPORATION , AN13
ASSOCIATION, OR ANOTHER LEGAL ENTITY , OR AN AFFILIATE THEREOF ,14
THAT:15
(a) CONDUCTS BUSINESS IN THIS STATE;16
(b) G ENERATES A MAJORITY OF ITS ANNUAL REVENUE FROM17
ONLINE SERVICES;18
(c) MAKES AVAILABLE ONLINE GAMING SERVICES, PRODUCTS, OR19
FEATURES THAT ARE REASONABLY LIKELY TO BE ACCESSED BY A YOUTH;20
(d) COLLECTS USERS' PERSONAL DATA OR HAS USERS ' PERSONAL21
DATA COLLECTED ON ITS BEHALF BY A PROCESSOR; AND22
(e) SOLELY OR JOINTLY WITH OTHERS DETERMINES THE PURPOSES23
AND MEANS OF THE PROCESSING OF USERS' PERSONAL DATA.24
(3) "ENTERPRISE" MEANS THE YOUTH MENTAL HEALTH SERVICES25
ACCESS ENTERPRISE CREATED IN SECTION 27-60-604.26
(4) "FEE" MEANS THE YOUTH MENTAL HEALTH SERVICES ACCESS27
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FEE IMPOSED BY COVERED PLATFORMS PURSUANT TO SECTION 27-60-605.1
(5) "FUND" MEANS THE YOUTH MENTAL HEALTH SERVICES ACCESS2
ENTERPRISE FUND CREATED IN SECTION 27-60-604 (6).3
(6) "ONLINE GAMING SERVICE, PRODUCT, OR FEATURE" MEANS AN4
ONLINE SERVICE, PRODUCT, OR FEATURE, AS DEFINED IN SECTION 6-1-13035
(16.8), THAT IS INTENDED TO FACILITATE ONLINE GAMING.6
(7) "PROCESS" OR "PROCESSING" HAS THE MEANING SET FORTH IN7
SECTION 6-1-1303 (18).8
(8) "P ROCESSOR" HAS THE MEANING SET FORTH IN SECTION9
6-1-1303 (19).10
(9) "REASONABLY LIKELY TO BE ACCESSED BY A YOUTH" MEANS11
THAT AN ONLINE GAMING SERVICE, PRODUCT, OR FEATURE IS REASONABLY12
LIKELY TO BE ACCESSED BY A YOUTH BASED ON ANY OF THE FOLLOWING13
INDICATORS:14
(a) T HE ONLINE GAMING SERVICE , PRODUCT , OR FEATURE IS15
DIRECTED TO CHILDREN , AS DESCRIBED BY THE FEDERAL "CHILDREN'S16
ONLINE PRIVACY PROTECTION ACT OF 1998", 15 U.S.C. SECS. 6501 TO17
6506, AND THE ASSOCIATED RULES OF THE FEDERAL TRADE COMMISSION;18
(b) T HE ONLINE GAMING SERVICE , PRODUCT , OR FEATURE IS19
DETERMINED, BASED ON COMPETENT AND RELIABLE EVIDENCE REGARDING20
AUDIENCE COMPOSITION, TO BE ROUTINELY ACCESSED BY AN AUDIENCE21
THAT IS COMPOSED OF AT LEAST TWO PERCENT YOUTHS WHO ARE TWO22
THROUGH SEVENTEEN YEARS OLD;23
(c) THE AUDIENCE OF THE ONLINE GAMING SERVICE, PRODUCT, OR24
FEATURE IS DETERMINED, BASED ON INTERNAL COMPANY RESEARCH, TO25
BE COMPOSED OF AT LEAST TWO PERCENT YOUTHS WHO ARE TWO26
THROUGH SEVENTEEN YEARS OLD; OR27
HB26-1418-7-
(d) A COVERED PLATFORM KNEW OR SHOULD HAVE KNOWN THAT1
AT LEAST TWO PERCENT OF THE AUDIENCE OF THE COVERED PLATFORM'S2
ONLINE GAMING SERVICE, PRODUCT, OR FEATURE IS COMPOSED OF YOUTHS3
WHO ARE TWO THROUGH SEVENTEEN YEARS OLD ; EXCEPT THAT , IN4
MAKING THIS ASSESSMENT, THE COVERED PLATFORM SHALL NOT COLLECT5
OR PROCESS ANY PERSONAL DATA THAT IS NOT REASONABLY NECESSARY6
TO PROVIDE AN ONLINE GAMING SERVICE , PRODUCT, OR FEATURE WITH7
WHICH A YOUTH IS ACTIVELY AND KNOWINGLY ENGAGED.8
(10) "YOUTH" HAS THE MEANING SET FORTH IN SECTION 27-60-1099
(1)(e).10
27-60-604. Youth mental health services access enterprise -11
created - board - powers and duties - rules and policies - fund -12
repeal.13
(1) (a) THE YOUTH MENTAL HEALTH SERVICES ACCESS ENTERPRISE14
IS CREATED IN THE BEHAVIORAL HEALTH ADMINISTRATION . THE15
ENTERPRISE IS AND OPERATES AS A GOVERNMENT -OWNED BUSINESS16
WITHIN THE BHA FOR THE BUSINESS PURPOSE OF COLLECTING FEES17
IMPOSED BY COVERED PLATFORMS PURSUANT TO SECTION 27-60-605 AND18
UTILIZING THE FEE REVENUE TO OPERATE AND FUND PROGRAMS THAT19
PROVIDE YOUTH MENTAL HEALTH SERVICES. THE ENTERPRISE IS A TYPE 120
ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS POWER AND21
PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE BHA.22
(b) THE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES23
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT24
RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS25
THAN TEN PERCENT OF ITS TOTAL REVENUES IN GRANTS FROM ALL26
COLORADO STATE AND LOCAL GOVERNMENTS COMBINED. SO LONG AS IT27
HB26-1418-8-
CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION (1), THE1
ENTERPRISE IS NOT SUBJECT TO SECTION 20 OF ARTICLE X OF THE STATE2
CONSTITUTION.3
(c) T HE ENTERPRISE SHALL BE DIRECTED BY A BOARD OF4
INDIVIDUALS TO BE APPOINTED BY THE GOVERNOR.5
(2) THE ENTERPRISE, ACTING THROUGH THE BOARD, MAY:6
(a) ENTER INTO CONTRACTS NECESSARY FOR PROFESSIONAL AND7
TECHNICAL ASSISTANCE AND ADVICE AND TO SUPPLY OTHER SERVICES8
RELATED TO THE CONDUCT OF THE AFFAIRS OF THE ENTERPRISE, WITHOUT9
REGARD TO THE "PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE10
24;11
(b) BY RESOLUTION, AUTHORIZE AND ISSUE REVENUE BONDS THAT12
ARE PAYABLE ONLY FROM THE MONEY IN THE FUND;13
(c) ADOPT RULES AS NECESSARY TO CARRY OUT THIS PART 6; AND14
(d) ADOPT POLICIES FOR THE REGULATION OF ITS AFFAIRS AND THE15
CONDUCT OF ITS BUSINESS CONSISTENT WITH THIS PART 6.16
(3) THE ENTERPRISE SHALL:17
(a) R ECEIVE THE FEES IMPOSED BY COVERED PLATFORMS ON18
ADD-ON TRANSACTIONS PURSUANT TO SECTION 27-60-605;19
(b) O PERATE AND FUND THE YOUTH MENTAL HEALTH PEER20
NAVIGATOR GRANT PROGRAM AS REQUIRED BY SECTION 27-60-606;21
(c) OPERATE AND FUND THE CRISIS RESOLUTION TEAM PROGRAM22
AS REQUIRED BY SECTION 27-60-607; AND23
(d) B EGINNING JULY 1, 2027, OPERATE AND FUND THE YOUTH24
MENTAL HEALTH SERVICES PROGRAM CREATED IN SECTION 27-60-109.25
(4) (a) T HE ENTERPRISE IS SUBJECT TO THE OPEN MEETINGS26
PROVISIONS OF THE "COLORADO SUNSHINE ACT OF 1972", PART 4 OF27
HB26-1418-9-
ARTICLE 6 OF TITLE 24.1
(b) T HE ENTERPRISE IS SUBJECT TO THE "COLORADO OPEN2
RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24. FOR PURPOSES OF THE3
"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24,4
AND EXCEPT AS MAY OTHERWISE BE PROVIDED BY FEDERAL LAW OR5
REGULATION OR STATE LAW, THE RECORDS OF THE ENTERPRISE ARE PUBLIC6
RECORDS, AS DEFINED IN SECTION 24-72-202, REGARDLESS OF WHETHER7
THE ENTERPRISE RECEIVES LESS THAN TEN PERCENT OF ITS TOTAL ANNUAL8
REVENUE IN GRANTS , AS DEFINED IN SECTION 24-77-102, FROM ALL9
COLORADO STATE AND LOCAL GOVERNMENTS.10
(c) T HE ENTERPRISE IS A PUBLIC ENTITY FOR PURPOSES OF THE11
"SUPPLEMENTAL PUBLIC SECURITIES ACT", PART 2 OF ARTICLE 57 OF12
TITLE 11.13
(5) THE BHA SHALL PROVIDE OFFICE SPACE AND ADMINISTRATIVE14
STAFF TO THE ENTERPRISE PURSUANT TO A CONTRACT ENTERED INTO15
PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION.16
(6) (a) THE YOUTH MENTAL HEALTH SERVICES ACCESS ENTERPRISE17
FUND IS CREATED IN THE STATE TREASURY. THE FUND CONSISTS OF MONEY18
CREDITED TO THE FUND IN ACCORDANCE WITH THIS PART 6; ANY MONEY19
RECEIVED FROM THE ISSUANCE OF REVENUE BONDS , AS DESCRIBED IN20
SUBSECTION (2)(b) OF THIS SECTION; AND ANY OTHER MONEY THAT THE21
GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND.22
(b) T HE STATE TREASURER SHALL CREDIT ALL INTEREST AND23
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE24
FUND TO THE FUND.25
(c) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE26
ENTERPRISE. THE ENTERPRISE MAY EXPEND MONEY FROM THE FUND FOR27
HB26-1418-10-
THE PURPOSES OF THIS PART 6, SUBJECT TO THE REQUIREMENTS OF1
SECTION 27-60-605 (4).2
(7) (a) SECTION 24-77-108 DOES NOT APPLY TO THE ENTERPRISE3
BECAUSE THE TOTAL AMOUNT OF MONEY CREDITED OR APPROPRIATED TO4
THE FUND AS FEE REVENUE SHALL NOT EXCEED ONE HUNDRED MILLION5
DOLLARS IN THE FIRST FIVE FISCAL YEARS OF THE ENTERPRISE 'S6
EXISTENCE.7
(b) THIS SUBSECTION (7) IS REPEALED, EFFECTIVE JULY 1, 2033.8
(8) THE BOARD MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,9
OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF10
THIS SECTION, SO LONG AS THE COMBINATION OF GRANTS FROM STATE AND11
LOCAL GOVERNMENTS IS LESS THAN TEN PERCENT OF THE ENTERPRISE 'S12
TOTAL ANNUAL REVENUE.13
27-60-605. Youth mental health services access fee -14
established - collection by covered platforms - remittance to15
department of revenue.16
(1) ON AND AFTER JANUARY 1, 2027, EACH COVERED PLATFORM17
SHALL IMPOSE AND COLLECT A FEE ON EACH ADD-ON TRANSACTION THAT18
OCCURS ON THE COVERED PLATFORM AND REMIT THE ENTIRE AMOUNT OF19
THE FEE TO THE DEPARTMENT OF REVENUE.20
(2) (a) THE INITIAL AMOUNT OF THE FEE IS FIVE PERCENT OF THE21
AMOUNT OF THE ADD-ON TRANSACTION. ON AND AFTER OCTOBER 1, 2027,22
THE ENTERPRISE MAY ADJUST THE AMOUNT OF THE FEE. THE ENTERPRISE23
SHALL PUBLISH THE FEE AMOUNT ON THE BHA'S PUBLIC WEBSITE.24
(b) THE AMOUNT OF THE FEE MUST BE REASONABLY CALCULATED25
TO RECOUP THE DIRECT AND INDIRECT COSTS OF THE SERVICES RECEIVED26
BY YOUTH THROUGH THE YOUTH MENTAL HEALTH SERVICES PROGRAM27
HB26-1418-11-
CREATED IN SECTION 27-60-109, THE YOUTH MENTAL HEALTH PEER1
NAVIGATOR GRANT PROGRAM CREATED IN SECTION 27-60-606, AND THE2
CRISIS RESOLUTION TEAM PROGRAM CREATED IN SECTION 27-60-607.3
(c) IN ADJUSTING THE AMOUNT OF THE FEE, THE ENTERPRISE SHALL4
CONSIDER THE LIMITATIONS DESCRIBED IN SECTION 24-77-108.5
(3) (a) T HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF6
REVENUE SHALL TRANSFER MONEY COLLECTED AS FEES BY COVERED7
PLATFORMS TO THE STATE TREASURER TO BE CREDITED TO THE FUND.8
(b) M ONEY THAT THE DEPARTMENT OF REVENUE COLLECTS9
PURSUANT TO THIS SECTION IS CUSTODIAL MONEY HELD TEMPORARILY BY10
THE DEPARTMENT OF REVENUE AND THE STATE TREASURER SOLELY FOR11
THE PURPOSE OF TRANSFERRING THE MONEY TO THE FUND FOR USE BY THE12
ENTERPRISE.13
(4) THE ENTERPRISE MAY SPEND NO MORE THAN THREE PERCENT14
OF THE ANNUAL FEE REVENUE FOR THE ENTERPRISE 'S ADMINISTRATIVE15
EXPENSES. AFTER DEDUCTING ITS ADMINISTRATIVE EXPENSES , THE16
ENTERPRISE SHALL ALLOCATE THE REMAINING FEE REVENUE AS FOLLOWS:17
(a) F ORTY PERCENT FOR THE YOUTH MENTAL HEALTH PEER18
NAVIGATOR GRANT PROGRAM CREATED IN SECTION 27-60-606;19
(b) T HIRTY-FIVE PERCENT FOR THE CRISIS RESOLUTION TEAM20
PROGRAM CREATED IN SECTION 27-60-607; AND21
(c) T WENTY-FIVE PERCENT FOR THE YOUTH MENTAL HEALTH22
SERVICES PROGRAM CREATED IN SECTION 27-60-109.23
27-60-606. Youth mental health peer navigator grant program24
- created - eligible entities - report - definitions.25
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE26
REQUIRES:27
HB26-1418-12-
(a) "E LIGIBLE ENTITY" MEANS AN ENTITY THAT SATISFIES THE1
CRITERIA DESCRIBED IN SUBSECTION (4) OF THIS SECTION.2
(b) "GOVERNOR'S COMMISSION ON COMMUNITY SERVICE" MEANS3
THE GOVERNOR 'S COMMISSION ON COMMUNITY SERVICE CREATED IN4
SECTION 24-20-501 AND COMMONLY KNOWN AS "SERVE COLORADO".5
(c) "GRANT PROGRAM" MEANS THE YOUTH MENTAL HEALTH PEER6
NAVIGATOR GRANT PROGRAM CREATED IN SUBSECTION (2) OF THIS7
SECTION.8
(d) "Y OUNG ADULT " MEANS AN INDIVIDUAL WHO IS EIGHTEEN9
YEARS OLD OR OLDER BUT YOUNGER THAN TWENTY-FIVE YEARS OLD.10
(2) (a) T HE YOUTH MENTAL HEALTH PEER NAVIGATOR GRANT11
PROGRAM IS CREATED TO AWARD GRANTS TO ENTITIES THAT RECRUIT AND12
TRAIN YOUNG ADULTS TO PROVIDE PREVENTION SERVICES, PEER SUPPORT,13
AND SYSTEM NAVIGATION TO YOUTH IN SCHOOLS OR COMMUNITY-BASED14
SETTINGS.15
(b) T HE ENTERPRISE SHALL OPERATE AND FUND THE GRANT16
PROGRAM IN ACCORDANCE WITH THIS SECTION . THE ENTERPRISE SHALL17
CONSULT WITH THE BHA AND THE GOVERNOR 'S COMMISSION ON18
COMMUNITY SERVICE IN THE OPERATION OF THE GRANT PROGRAM.19
(3) T HE ENTERPRISE SHALL ADOPT AND POST ON THE BHA'S20
PUBLIC WEBSITE POLICIES, PROCEDURES, AND GUIDELINES FOR THE GRANT21
PROGRAM THAT INCLUDE, AT A MINIMUM:22
(a) PROCEDURES AND TIMELINES BY WHICH AN ELIGIBLE ENTITY23
MAY APPLY FOR A GRANT;24
(b) C RITERIA FOR DETERMINING GRANT ELIGIBILITY AND THE25
AMOUNT OF GRANT AWARDS; AND26
(c) R EPORTING REQUIREMENTS FOR GRANT RECIPIENTS , WHICH27
HB26-1418-13-
REQUIREMENTS INCLUDE REPORTING THE USE OF A GRANT AWARD.1
(4) TO BE ELIGIBLE FOR A GRANT AWARD, AN ENTITY MUST BE AN2
INDIAN TRIBE ; AN INSTITUTION OF HIGHER EDUCATION ; A LOCAL3
GOVERNMENT, INCLUDING A SCHOOL DISTRICT ; A STATE GOVERNMENT4
AGENCY; OR A NONPROFIT ORGANIZATION AND MUST PROVIDE MENTAL5
HEALTH PROGRAMMING IN SCHOOLS OR COMMUNITY -BASED SETTINGS ,6
WHICH PROGRAMMING INCLUDES:7
(a) MAKING REFERRALS TO MENTAL HEALTH RESOURCES;8
(b) IDENTIFYING AND REMOVING BARRIERS TO MENTAL HEALTH9
SERVICES;10
(c) DEVELOPING ACTION PLANS FOR MENTAL HEALTH TRENDS IN11
SCHOOLS;12
(d) COORDINATING MENTAL HEALTH CARE;13
(e) PROVIDING CASE MANAGEMENT AND CULTURAL MEDIATION ;14
AND15
(f) OFFERING MENTAL HEALTH EDUCATION.16
(5) (a) TO RECEIVE A GRANT, AN ELIGIBLE ENTITY MUST SUBMIT A17
GRANT APPLICATION TO THE GOVERNOR 'S COMMISSION ON COMMUNITY18
SERVICE.19
(b) THE GOVERNOR'S COMMISSION ON COMMUNITY SERVICE SHALL20
REVIEW EACH GRANT APPLICATION AND MAKE RECOMMENDATIONS TO THE21
ENTERPRISE CONCERNING WHETHER A GRANT SHOULD BE AWARDED AND,22
IF SO, THE AMOUNT OF THE GRANT.23
(c) A FTER CONSIDERING THE RECOMMENDATIONS OF THE24
GOVERNOR'S COMMISSION ON COMMUNITY SERVICE , THE ENTERPRISE25
SHALL AWARD AND DETERMINE THE AMOUNT OF EACH GRANT.26
(6) AN ELIGIBLE ENTITY THAT RECEIVES A GRANT SHALL USE THE27
HB26-1418-14-
GRANT AWARD ONLY FOR ONE OR MORE PURPOSES DESCRIBED IN1
SUBSECTION (4) OF THIS SECTION.2
(7) (a) O N OR BEFORE JANUARY 31, 2028, AND ON OR BEFORE3
JANUARY 31 OF EACH YEAR THEREAFTER, THE ENTERPRISE SHALL SUBMIT4
A REPORT TO THE HOUSE OF REPRESENTATIVES HEALTH AND HUMAN5
SERVICES COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES6
COMMITTEE, OR ANY SUCCESSOR COMMITTEES, WITH INFORMATION ABOUT7
THE GRANT PROGRAM 'S ACTIVITIES DURING THE PRECEDING YEAR . THE8
ENTERPRISE SHALL ALSO POST THE ANNUAL REPORT ON THE BHA'S PUBLIC9
WEBSITE. THE REPORT MUST INCLUDE THE NUMBER AND TOTAL AMOUNT10
OF GRANTS AWARDED BY THE GRANT PROGRAM , THE RECIPIENT AND11
AMOUNT OF EACH GRANT AWARDED , AND THE USES OF EACH GRANT12
AWARD.13
(b) NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13614
(11)(a)(I), THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS15
SUBSECTION (7) CONTINUES INDEFINITELY.16
27-60-607. Crisis resolution team program - created - report17
- definitions.18
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE19
REQUIRES:20
(a) "C AREGIVER" MEANS A PARENT , A FOSTER PARENT , KIN , A21
GUARDIAN, OR A LEGAL CUSTODIAN.22
(b) "C RISIS RESOLUTION TEAM PROVIDER " MEANS A SERVICE23
PROVIDER THAT SUPPORTS YOUTH WHO ARE EXPERIENCING BEHAVIORAL24
HEALTH CRISES AND WHO MAY BENEFIT FROM INTENSIVE , SHORT-TERM,25
IN-HOME SERVICES AND ONGOING SUPPORT.26
(c) "PROGRAM" MEANS THE CRISIS RESOLUTION TEAM PROGRAM27
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CREATED IN THIS SECTION.1
(2) (a) T HE CRISIS RESOLUTION TEAM PROGRAM IS CREATED TO2
PROVIDE COMMUNITY -BASED DE -ESCALATION AND STABILIZATION3
SERVICES TO YOUTH WHO ARE EXPERIENCING HIGH-ACUITY BEHAVIORAL4
HEALTH CRISES AND TO THEIR CAREGIVERS . THE ENTERPRISE , IN5
COLLABORATION WITH THE BHA, SHALL ADMINISTER THE PROGRAM AND6
CONTRACT WITH CRISIS RESOLUTION TEAM PROVIDERS TO OFFER THE7
SERVICES DESCRIBED IN THIS SECTION.8
(b) A YOUTH IS ELIGIBLE TO RECEIVE SERVICES FROM THE9
PROGRAM IF THE YOUTH:10
(I) HAS EXPERIENCED HIGH-ACUITY BEHAVIORAL HEALTH CRISES11
AS IDENTIFIED BY THE BEHAVIORAL HEALTH CRISIS RESPONSE SYSTEM OR12
AN EMERGENCY DEPARTMENT; AND13
(II) I S SAFE TO REMAIN IN THE YOUTH 'S HOME OR COMMUNITY14
WHILE RECEIVING INTENSIVE , SHORT -TERM STABILIZATION15
INTERVENTIONS.16
(c) A CRISIS RESOLUTION TEAM PROVIDER SHALL OFFER THE17
FOLLOWING SERVICES TO YOUTH AND THEIR CAREGIVERS:18
(I) COUNSELING OR THERAPY;19
(II) CASE MANAGEMENT TO SUPPORT MEETING TREATMENT PLANS;20
(III) P EER SUPPORT OR FAMILY SKILLS COACHING TO FOSTER21
CONNECTEDNESS, GOAL SETTING , AND NEW ROUTINES TO ACHIEVE22
POSITIVE, LASTING CHANGE;23
(IV) MEDICATION MANAGEMENT; AND24
(V) C ARE COORDINATION TO PROVIDE TAILORED SUPPORT AND25
CONNECTION THROUGH THE USE OF ADDITIONAL COMMUNITY RESOURCES.26
(d) A CRISIS RESOLUTION TEAM PROVIDER SHALL OFFER SERVICES27
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TO A YOUTH AT LEAST THREE DAYS PER WEEK WITH A VARIETY OF1
SERVICES OFFERED DAILY DEPENDING ON THE YOUTH'S CLINICAL NEEDS.2
SERVICES MUST BE OFFERED TO THE YOUTH FOR AT LEAST FOUR WEEKS ,3
UP TO A MAXIMUM OF SIX WEEKS DEPENDING ON THE YOUTH 'S CLINICAL4
NEEDS.5
(3) (a) T O CONTRACT WITH THE ENTERPRISE PURSUANT TO6
SUBSECTION (2)(a) OF THIS SECTION , A CRISIS RESOLUTION TEAM7
PROVIDER MUST:8
(I) PROVIDE SUPPORT AND STABILIZATION SERVICES ACCORDING9
TO THE TIME FRAMES DESCRIBED IN SUBSECTION (2)(d) OF THIS SECTION;10
AND11
(II) E NTER INTO COMMUNITY COORDINATION PARTNERSHIPS AS12
DESCRIBED IN SECTION 27-60-104 (6).13
(b) A CRISIS RESOLUTION TEAM PROVIDER MAY LOCATE WITHIN14
THE FACILITY OF A COMMUNITY-BASED ORGANIZATION OR PARTNER.15
(c) A CRISIS RESOLUTION TEAM PROVIDER THAT ENTERS INTO A16
CONTRACT WITH THE ENTERPRISE PURSUANT TO SUBSECTION (2)(a) OF17
THIS SECTION SHALL COLLECT DATA AND OUTCOMES ON THE FOLLOWING:18
(I) THE NUMBER OF YOUTH SERVED BY THE CRISIS RESOLUTION19
TEAM PROVIDER , DISAGGREGATED BY GENDER , RACE , GRADE LEVEL ,20
DISABILITY, ENGLISH LANGUAGE LEARNER STATUS , AND UNHOUSED21
STATUS TO THE MAXIMUM EXTENT POSSIBLE IN COMPLIANCE WITH THE22
"COLORADO PRIVACY ACT", PART 13 OF ARTICLE 1 OF TITLE 6;23
(II) T HE ORGANIZATIONS THAT REFER YOUTH TO THE CRISIS24
RESOLUTION TEAM PROVIDER;25
(III) T HE NUMBER OF YOUTH HOSPITALIZED WHILE RECEIVING26
SERVICES FROM THE CRISIS RESOLUTION TEAM PROVIDER;27
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(IV) T HE NUMBER OF REFERRALS FOR YOUTH TO OUT -OF-HOME1
PLACEMENTS WHILE RECEIVING SERVICES FROM THE CRISIS RESOLUTION2
TEAM PROVIDER; AND3
(V) THE NUMBER AND TYPES OF SERVICES AND SUPPORTS THAT4
YOUTH AND THEIR CAREGIVERS RECEIVE.5
(4) TO ADMINISTER THE PROGRAM, THE ENTERPRISE SHALL:6
(a) USE EXISTING COMMUNITY COORDINATION PARTNERSHIPS AS7
DESCRIBED IN SECTION 27-60-104 (6) TO MAINTAIN RELATIONSHIPS WITH8
THE FOLLOWING COMMUNITY PARTNERS:9
(I) L OCAL COMMUNITY MENTAL AND BEHAVIORAL HEALTH10
PROVIDERS;11
(II) COUNTY DEPARTMENTS OF HUMAN OR SOCIAL SERVICES;12
(III) ORGANIZATIONS THAT SERVE JUSTICE-INVOLVED YOUTH;13
(IV) SCHOOL DISTRICTS;14
(V) O RGANIZATIONS THAT SERVE YOUTHS WITH INTELLECTUAL15
AND DEVELOPMENTAL DISABILITIES;16
(VI) LOCAL HOSPITALS AND EMERGENCY DEPARTMENTS;17
(VII) LOCAL LAW ENFORCEMENT AGENCIES; AND18
(VIII) PUBLIC HEALTH DEPARTMENTS;19
(b) CONDUCT OUTREACH AND EDUCATE COMMUNITY PARTNERS20
REGARDING CRISIS RESOLUTION TEAM SERVICES AVAILABLE THROUGH THE21
PROGRAM;22
(c) PROVIDE TECHNICAL ASSISTANCE TO CRISIS RESOLUTION TEAM23
PROVIDERS REGARDING SPECIALIZED TRAINING AND THE USE OF24
SCREENING AND ASSESSMENT TOOLS FOR YOUTH;25
(d) C OLLECT DATA AND OUTCOMES FROM CRISIS RESOLUTION26
TEAM PROVIDERS AS DESCRIBED IN SUBSECTION (3)(c) OF THIS SECTION;27
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AND1
(e) CONDUCT, OR CONTRACT WITH A THIRD-PARTY EVALUATOR TO2
CONDUCT, AN ANNUAL EVALUATION OF THE PROGRAM USING THE DATA3
AND OUTCOMES COLLECTED FROM CRISIS RESOLUTION TEAM PROVIDERS4
PURSUANT TO SUBSECTION (4)(d) OF THIS SECTION.5
(5) BEGINNING IN JANUARY 2028, AND IN JANUARY EVERY YEAR6
THEREAFTER, THE STATE DEPARTMENT SHALL INCLUDE , AS PART OF ITS7
PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY8
SECTION 2-7-203, INFORMATION CONCERNING THE CRISIS RESOLUTION9
TEAM PROGRAM.10
SECTION 2. In Colorado Revised Statutes, 27-60-109, amend11
(1)(a), (2)(a), (2)(b), (3)(a) introductory portion, (3)(a)(III), (3)(b), (4)(a)12
introductory portion, (4.5)(a) introductory portion, (4.5)(b) introductory13
portion, (4.5)(c), and (5); and add (1)(a.7) and (2)(a.5) as follows:14
27-60-109. Youth mental health services program - established15
- report - rules - definitions - repeal.16
(1) As used in this section, unless the context otherwise requires:17
(a) "Portal" means the website or web-based application described18
in subsection (4) of this section that facilitates the program "ENTERPRISE"19
MEANS THE YOUTH MENTAL HEALTH SERVICES ACCESS ENTERPRISE20
CREATED IN SECTION 27-60-604.21
(a.7) "PORTAL" MEANS THE WEBSITE OR WEB-BASED APPLICATION22
DESCRIBED IN SUBSECTION (4) OF THIS SECTION THAT FACILITATES THE23
PROGRAM.24
(2) (a) There is established in the behavioral health administration25
STATE DEPARTMENT the youth mental health services program to facilitate26
access to mental health services, including substance use disorder27
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services, for youth to respond to mental health needs identified in an1
initial mental health screening through the portal. The program2
reimburses providers for up to three SIX mental health sessions with a3
youth.4
(a.5) (I) O N AND AFTER JULY 1, 2027, THE ENTERPRISE SHALL5
FUND THE PROGRAM AND OPERATE THE PROGRAM , IN COLLABORATION6
WITH THE BHA. ON AND AFTER JULY 1, 2027, THE POWERS, DUTIES, AND7
FUNCTIONS OF THE ENTERPRISE INCLUDE THE POWERS , DUTIES , AND8
FUNCTIONS REGARDING THE PROGRAM THAT WERE VESTED IN THE BHA9
PRIOR TO THAT DATE.10
(II) ON AND AFTER JULY 1, 2027, WHENEVER THE FUNCTIONS OF11
THE STATE DEPARTMENT OR THE BHA RELATING TO THE PROGRAM ARE12
REFERRED TO OR DESIGNATED BY A CONTRACT OR OTHER DOCUMENT IN13
CONNECTION WITH THE DUTIES AND FUNCTIONS TRANSFERRED TO THE14
ENTERPRISE ON JULY 1, 2027, THE REFERENCE OR DESIGNATION IS DEEMED15
TO APPLY TO THE ENTERPRISE.16
(b) The BHA shall PROGRAM MUST reimburse providers who17
participate in the program for each mental health session with a youth,18
either in-person or by telehealth, up to a maximum of three SIX sessions19
per youth client; except that, subject to available money, the BHA20
PROGRAM may reimburse a provider for additional sessions. To be eligible21
for reimbursement from the program, a provider must be available to22
provide three SIX mental health sessions to each youth the provider23
accepts as a client.24
(3) (a) The BHA ENTERPRISE shall:25
(III) Im plement a statewide public awareness and outreach26
campaign about the program. The general assembly encourages the BHA27
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ENTERPRISE to involve schools, neighborhood youth organizations,1
health-care providers, faith-based organizations, and any other2
community-based organizations that interact with youth on the local level3
in disseminating information about the program.4
(b) The state board may promulgate ADOPT rules necessary for the5
administration of this section, including rules to protect the privacy of6
youth who receive services through the program. T HE STATE BOARD7
SHALL CONSULT WITH THE ENTERPRISE WHEN ADOPTING THE RULES. ALL8
RULES OF THE STATE BOARD PURSUANT TO THIS SECTION ISSUED BEFORE9
JULY 1, 2027, CONTINUE TO BE EFFECTIVE AND SHALL BE ENFORCED BY10
THE ENTERPRISE UNTIL SUPERSEDED, REVISED, AMENDED, REPEALED, OR11
NULLIFIED PURSUANT TO LAW.12
(4) (a) The BHA ENTERPRISE shall enter into an agreement with13
a vendor to create A, or use an existing, website or web-based application14
as a portal available to youth and providers to facilitate the program. The15
portal must:16
(4.5) (a) On or before June 1 of each year, the vendor described17
in subsection (4) of this section shall deliver to the BHA ENTERPRISE any18
of the following, collected during the prior year:19
(b) The BHA ENTERPRISE shall conduct a survey of each provider20
who participates in the program that solicits feedback about the21
following:22
(c) This subsection (4.5) does not authorize the BHA STATE23
DEPARTMENT, THE BHA, THE ENTERPRISE , a provider, a vendor, or any24
other person to violate applicable federal or state patient privacy laws.25
(5) On or before June 30 of each year, the state department shall26
report to the house of representatives public and behavioral health and27
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human services committee and the senate health and human services1
committee, or their ANY successor committees, regarding the number of2
youth who received services under the program, excluding any personally3
identifiable information in accordance with state and federal law;4
information in aggregate about the services provided to youth under the5
program; other relevant information regarding the program; and the6
information reported to the BHA ENTERPRISE by the vendor pursuant to7
subsection (4.5) of this section.8
SECTION 3. Act subject to petition - effective date. Section9
27-60-109, Colorado Revised Statutes, as amended in section 2 of this10
act, takes effect July 1, 2027, and the remainder of this act takes effect at11
12:01 a.m. on the day following the expiration of the ninety-day period12
after final adjournment of the general assembly (August 12, 2026, if13
adjournment sine die is on May 13, 2026); except that, if a referendum14
petition is filed pursuant to section 1 (3) of article V of the state15
constitution against this act or an item, section, or part of this act within16
such period, then the act, item, section, or part will not take effect unless17
approved by the people at the general election to be held in November18
2026 and, in such case, will take effect on the date of the official19
declaration of the vote thereon by the governor; except that section20
27-60-109, Colorado Revised Statutes, as amended in section 2 of this21
act, takes effect July 1, 2027.22
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