SB 189 CO

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Became Law

In 2024, the general assembly enacted Senate Bill 24-205, which created consumer protections in interactions with artificial intelligence systems. The act repeals and reenacts those provisions with new requirements regarding the use of automated decision-making technology in consequential decisions.     The act 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. The act defines a 'consequential decision' as 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 and public benefits.     The act 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 act for at least 3 years.     The act 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 act 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 act through the 'Colorado Consumer Protection Act', and a violation of the act is deemed a deceptive trade practice. Before initiating an action before January 1, 2030, 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 act 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 act to the extent the entities comply with other legal obligations.(Note: This summary applies to this bill as enacted.)

• J. Coleman Democratic · sponsor
• R. Rodriguez Democratic · sponsor
• J. Bacon Democratic · sponsor
• M. Duran Democratic · sponsor
• M. Baisley Republican · sponsor
• B. Titone Democratic · sponsor

1. May 14, 2026 Governor Signed · executive
2. May 12, 2026 Sent to the Governor · executive
3. May 12, 2026 Signed by the Speaker of the House · lower
4. May 12, 2026 Signed by the President of the Senate · upper
5. May 12, 2026 Senate Considered House Amendments - Result was to Concur - Repass · upper
6. May 9, 2026 House Third Reading Passed - No Amendments · lower
7. May 8, 2026 House Second Reading Special Order - Passed with Amendments - Committee · lower
8. May 8, 2026 House Committee on Appropriations Refer Unamended to House Committee of the Whole · lower
9. May 8, 2026 House Committee on Judiciary Refer Amended to Appropriations · lower
10. May 7, 2026 Introduced In House - Assigned to Judiciary · lower
11. May 7, 2026 Senate Third Reading Passed - No Amendments · upper
12. May 6, 2026 Senate Second Reading Special Order - Passed with Amendments - Committee, Floor · upper
13. May 6, 2026 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole · upper
14. May 5, 2026 Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations · upper
15. May 1, 2026 Introduced In Senate - Assigned to Business, Labor, & Technology · upper