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CO SB189

CO SB189
Automated Decision-Making Technology


summary

Introduced
05/01/2026
In Committee
05/06/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

In 2024, the general assembly enacted Senate Bill 24-205, which created consumer protections in interactions with artificial intelligence systems. The bill repeals and reenacts those provisions with new requirements regarding the use of automated decision-making technology in consequential decisions. The bill defines an "automated decision-making technology" (ADMT) as a technology that processes personal data and uses computation to generate output, including predictions, recommendations, classifications, rankings, scores, or other information that is used to make, guide, or assist a decision, judgment, or determination concerning an individual. A "consequential decision" is a decision that relates to an individual's access to, eligibility for, or compensation related to education, employment, housing, financial or lending services, insurance, health-care services, or essential government services. The bill requires the developer of an ADMT (developer) that is used to materially influence a consequential decision (covered ADMT), starting January 1, 2027, to provide a deployer of a covered ADMT (deployer) with technical documentation describing the covered ADMT's intended uses, categories of training data, known limitations, and instructions for appropriate use and human review. Developers must notify deployers of material updates or modifications to the covered ADMT. Both developers and deployers are required to retain records necessary to demonstrate compliance with the bill for at least 3 years. The bill establishes consumer notice requirements, mandating that deployers provide clear and conspicuous notice to consumers at the point of interaction with a covered ADMT. A deployer is required to provide a consumer with a plain language description of a covered ADMT's role within 30 days after the covered ADMT makes a consequential decision that results in an adverse outcome for the consumer. The attorney general must adopt rules to clarify these post-adverse outcome disclosure requirements by January 1, 2027. Consumers have the right to request personal data and correction of factually incorrect personal data used by a covered ADMT. The bill also grants consumers the right to request meaningful human review and reconsideration following a covered ADMT making a consequential decision resulting in an adverse outcome. The attorney general is directed to enforce the bill through the "Colorado Consumer Protection Act", and a violation of the bill is deemed a deceptive trade practice. Before initiating an action, the attorney general must provide the developer or deployer with a 60-day notice and opportunity to cure the alleged violation, if a cure is deemed possible. The bill does not create a new private right of action but establishes how fault is allocated between developers and deployers in civil actions alleging unlawful discrimination under existing law. Specified entities are exempted from the requirements of the bill to the extent the entities comply with other legal obligations.

AI Summary

This bill, building upon previous consumer protections related to artificial intelligence, introduces new requirements for the use of automated decision-making technology (ADMT) when making consequential decisions, which are defined as decisions impacting an individual's access to or eligibility for education, employment, housing, financial services, insurance, healthcare, or essential government services. Starting January 1, 2027, developers of ADMTs that materially influence these consequential decisions must provide deployers (those who use the ADMT) with technical documentation about the technology's intended uses, training data, limitations, and how to use it appropriately, including human review. Developers must also inform deployers of significant updates. Both developers and deployers must keep records for at least three years to prove compliance. Deployers must notify consumers when an ADMT is used in a consequential decision affecting them and, if that decision results in an adverse outcome (meaning a denial, termination, or significant negative impact on access to services or opportunities), provide a plain-language explanation of the decision and the ADMT's role within 30 days. Consumers will have the right to request their personal data used by the ADMT and to have factually incorrect data corrected, as well as the right to request meaningful human review of consequential decisions that lead to adverse outcomes. The Attorney General will enforce these provisions under the Colorado Consumer Protection Act, treating violations as deceptive trade practices, but will provide a 60-day notice and opportunity to fix any issues before taking action. The bill does not create new private lawsuits but clarifies how fault is assigned in existing discrimination cases and exempts certain entities that already comply with other legal obligations.

Committee Categories

Budget and Finance, Business and Industry

Sponsors (6)

Last Action

Senate Third Reading Calendar (00:00:00 5/7/2026 Senate Floor) (on 05/07/2026)

bill text


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bill summary

Document Type Source Location
State Bill Page https://leg.colorado.gov/bills/SB26-189
BillText https://leg.colorado.gov/bill_files/115943/download
Second Reading Amendment L.004 https://leg.colorado.gov/bill_amendments/19994/download
Second Reading Amendment L.003 https://leg.colorado.gov/bill_amendments/19993/download
Senate Appropriations Amendment J.001 https://leg.colorado.gov/bill_amendments/19983/download
Fiscal Note First Revised Fiscal Note https://leg.colorado.gov/bill_files/115880/download
Senate Business, Labor, & Technology Amendment L.002 https://leg.colorado.gov/bill_amendments/19953/download
Senate Business, Labor, & Technology Amendment L.001 https://leg.colorado.gov/bill_amendments/19954/download
Fiscal Note/Analysis - Budget Staff Analysis SA1 https://leg.colorado.gov/bill_files/115857/download
Fiscal Note Initial Fiscal Note https://leg.colorado.gov/bill_files/115717/download
BillText https://leg.colorado.gov/bill_files/115623/download
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