Amendments for HB25-1158
House Journal, February 21
1 HB25-1158 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Amend printed bill, page 7, strike lines 5 through 27 and substitute:
6 "SECTION 2. In Colorado Revised Statutes, 22-1-135, amend
7 (1) introductory portion and (2)(d) introductory portion; and add (1)(b.5),
8 (1)(b.6), (2)(d)(IV), and (4) as follows:
9 22-1-135. Terms and conditions in public school contracts -
10 definitions. (1) As used in this section, UNLESS THE CONTEXT OTHERWISE
11 REQUIRES:
12 (b.5) "CURATED DIGITAL RESEARCH COLLECTION" MEANS A
13 COLLECTION OF MEDIA, FILES, OR DATABASES THAT HAVE BEEN CURATED
14 AND DIGITALLY PRESERVED AND ARE ACCESSIBLE ON THE INTERNET VIA
15 AN INTERNET CONNECTION OR THROUGH SOFTWARE.
16 (b.6) "EMBEDDED LINK OR UNIFORM RESOURCE LOCATOR" OR
17 "EMBEDDED LINK OR URL" MEANS AN ELECTRONIC LINK OR URL THAT
18 DIRECTS USERS TO AN ADVERTISEMENT OR A PROMOTION.
19 (2) (d) A public school contract must include provisions, and if
20 such THE provisions are nonetheless inadvertently or otherwise omitted,
21 shall be IS deemed to include provisions, that:
22 (IV) (A) REQUIRE THAT A CONTRACT IS MATERIALLY BREACHED
23 AND THAT GROUNDS FOR TERMINATION OF THE CONTRACT EXIST IF THE
24 CONTRACTOR'S CURATED DIGITAL RESEARCH COLLECTION CONTAINS
25 ADVERTISEMENTS, PROMOTIONS, OR EMBEDDED LINKS OR URLS AND THE
26 CONTRACTOR IS NOTIFIED OF THE ADVERTISEMENT, PROMOTION, OR
27 EMBEDDED LINK OR URL; AND
28 (B) REQUIRE THE CONTRACTOR TO INDEMNIFY, HOLD HARMLESS,
29 AND ASSUME LIABILITY ON BEHALF OF THE PUBLIC SCHOOL CONTRACTING
30 ENTITY, THE PUBLIC SCHOOL, AND THE PUBLIC SCHOOL'S EMPLOYEES AND
31 AGENTS FOR ALL COSTS, EXPENSES, CLAIMS, DAMAGES, LIABILITIES, COURT
32 AWARDS, ATTORNEY FEES, AND RELATED COSTS, AND ANY OTHER
33 AMOUNTS INCURRED BY A PUBLIC SCHOOL CONTRACTING ENTITY IN
34 RELATION TO A CONTRACTOR'S NONCOMPLIANCE WITH THE PROHIBITION
35 OF ADVERTISEMENTS, PROMOTIONS, OR EMBEDDED LINKS OR URLS IN A
36 CURATED DIGITAL RESEARCH COLLECTION.
37 (4) BEGINNING IN THE 2026-27 SCHOOL YEAR, A SCHOOL OF A
38 SCHOOL DISTRICT, A BOARD OF COOPERATIVE SERVICES, A DISTRICT
39 CHARTER SCHOOL, OR AN INSTITUTE CHARTER SCHOOL SHALL ANNUALLY
40 NOTIFY PARENTS THAT CURATED DIGITAL RESEARCH COLLECTIONS ARE
41 REQUIRED TO BE FREE OF ADVERTISEMENTS, PROMOTIONS, OR EMBEDDED
42 LINKS OR URLS AS SET FORTH IN SUBSECTION (2)(d) OF THIS SECTION.".
43
44 Strike pages 8 through 10.
45
46 Page 11, strike lines 1 through 9.
47
48
House Journal, April 11
44 Amendment No. 1, Education Report, dated February 20, 2025, and
45 placed in member’s bill file; Report also printed in House Journal,
46 February 21, 2025.
47
48 Amendment No. 2, by Representative Bradley:
49
50 Amend the Education Committee Report, dated February 20, 2025, page
51 1, line 3, strike "portion" and substitute "portion, (1)(a)," and after "add"
52 insert "(1)(a.5),".
53
54 Page 1 of the report, after line 7 insert:
55
1 "(a) "Construction" means the process of building, altering,
2 repairing, improving, or demolishing any public structure or building or
3 any other public improvements of any kind to any real property that is
4 owned or leased by a contracting entity or by a public school and is used
5 for the direct benefit of or in support of a public school.
6 "ADVERTISEMENT" MEANS A WRITTEN, VISUAL, OR ORAL COMMUNICATION
7 THAT ATTEMPTS TO PERSUADE AN INDIVIDUAL TO BUY A PRODUCT OR
8 TAKE AN ACTION. AN ADVERTISEMENT MAY BE PUBLISHED IN
9 NEWSPAPERS, IN MAGAZINES, ON THE RADIO, ON TELEVISION, OR ON THE
10 INTERNET.
11 (a.5) "CONSTRUCTION" MEANS THE PROCESS OF BUILDING,
12 ALTERING, REPAIRING, IMPROVING, OR DEMOLISHING ANY PUBLIC
13 STRUCTURE OR BUILDING OR ANY OTHER PUBLIC IMPROVEMENTS OF ANY
14 KIND TO ANY REAL PROPERTY THAT IS OWNED OR LEASED BY A
15 CONTRACTING ENTITY OR BY A PUBLIC SCHOOL AND IS USED FOR THE
16 DIRECT BENEFIT OF OR IN SUPPORT OF A PUBLIC SCHOOL.".
17
18 Amendment No. 3, by Representative Bradley:
19
20 Amend the Education Committee Report, dated February 20, 2025, page
21 1, line 4, after "(1)(b.6)," insert "(1)(b.7), (1)(e),".
22
23 Page 1 of the report, strike line 14 and substitute "DIRECTS USERS TO A
24 STANDALONE ADVERTISEMENT THAT DIRECTLY ENABLES TARGETED
25 ADVERTISING OR THAT LACKS ADJACENT EDUCATIONAL OR
26 INFORMATIONAL CONTENT OR MATERIALS.
27 (b.7) "PROHIBITED ADVERTISING" MEANS AN ADVERTISEMENT
28 PUBLISHED BY A CONTRACTOR IN THE CONTRACTOR'S CURATED DIGITAL
29 RESEARCH COLLECTION THAT RESULTS IN THE CONTRACTOR COLLECTING
30 REVENUE GENERATED FROM THE ADVERTISEMENTS APPEARING IN THE
31 CURATED DIGITAL RESEARCH COLLECTION. "PROHIBITED ADVERTISING"
32 DOES NOT INCLUDE AN ADVERTISEMENT ORIGINALLY PUBLISHED IN A
33 NEWSPAPER, MAGAZINE, OR ON THE INTERNET THAT IS CURATED AND
34 AGGREGATED IN THE CURATED DIGITAL RESEARCH COLLECTION OR
35 LOCATED THROUGH EMBEDDED LINKS OR URLS OUTSIDE OF THE CURATED
36 DIGITAL RESEARCH COLLECTION.
37 (e) "TARGETED ADVERTISING" MEANS ADVERTISEMENTS
38 DISPLAYED TO A STUDENT BASED ON INFORMATION OBTAINED OR
39 INFERRED OVER TIME FROM THE STUDENT'S ONLINE BEHAVIOR, USE OF
40 APPLICATIONS, OR PERSONALLY IDENTIFIABLE INFORMATION.".
41
42 Page 1 of the report, line 18, strike "(A)".
43
44 Page 1 of the report, strike lines 21 through 28 and substitute "TARGETED
45 ADVERTISING, PROHIBITED ADVERTISING, OR EMBEDDED LINKS OR URLS
46 AND, AFTER THE CONTRACTOR IS NOTIFIED OF THE TARGETED
47 ADVERTISING, PROHIBITED ADVERTISING, OR EMBEDDED LINKS OR URLS,
48 THE CONTRACTOR DOES NOT REMOVE OR DEACTIVATE THE TARGETED
49 ADVERTISING, PROHIBITED ADVERTISING, OR EMBEDDED LINKS OR URLS
50 WITHIN THIRTY DAYS AFTER RECEIVING THE NOTIFICATION.".
51
52 Page 2 of the report, strike lines 1 through 4.
53
54 Page 2 of the report, line 9, strike "ADVERTISEMENTS, PROMOTIONS," and
55 substitute "TARGETED ADVERTISING, PROHIBITED ADVERTISING,".
1 Amendment No. 4, by Representative Bradley:
2
3 Amend printed bill, page 3, line 10, strike "advertisements, promotions,"
4 and substitute "advertisements".
5
6 Page 3, line 14, strike "advertisements, promotions," and substitute
7 "advertisements".
8
9 Page 4, line 8, strike "advertisements, promotions," and substitute
10 "advertisements".
11
12 Page 5, line 14, strike "advertising or promotion." and substitute
13 "advertising.".
14
15 Page 6, line 11, strike "advertisements, promotions," and substitute
16 "advertisements".
17
18 As amended, ordered engrossed and placed on the Calendar for Third
19 Reading and Final Passage.
20