Colorado 2026 Regular Session Status: Enacted Bipartisan · 11 D · 7 R cosponsors

SB 189 — Automated Decision-Making Technology

Last action — Governor Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced May 01, 2026. Enacted.

Signed by Governor Jared Polis (Democratic) on May 14, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 45 sponsors

    6 primary, 39 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (11 D · 7 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 10 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

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.)

Bill Text

What changed in the latest version

535 added · 545 removed

Plain-language change summary

The recent amendment to SB 189 expands on the definition of "adverse outcome" concerning automated decision-making technology. It clarifies that an adverse outcome isn't just about denying or reducing access to services but also includes situations where pricing or terms offered to consumers are less favorable compared to similar consumers. This change is significant as it aims to ensure fair treatment and transparency for consumers affected by such technologies, thereby enhancing accountability for companies using automated systems.

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NOTE:
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
also REPRESENTATIVE(S) Duran and Bacon, Titone, Boesenecker, Brown,Caldwell,Carter,Clifford,English,Flanell,Goldstein,GonzalezR., Hamrick,Jackson,Lieder,Lindsay,McCormick,Nguyen,Paschal,Rutinel, Slaugh, Smith, Story, Velasco, Winter T., McCluskie.
also REPRESENTATIVE(S) Duran and Bacon, Titone, Boesenecker, Brown, Caldwell, Carter, Clifford,English,Flanell, Goldstein, GonzalezR., Hamrick, Jackson,Lieder,Lindsay, McCormick,Nguyen,Paschal, Rutinel, Slaugh, Smith, Story, Velasco, Winter T., McCluskie.
CONCERNING THE USE OF AUTOMATED DECISION -MAKING TECHNOLOGY IN CONSEQUENTIAL DECISIONS , AND , IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .
CONCERNING THE USE OF AUTOMATED DECISION-MAKING TECHNOLOGY IN CONSEQUENTIAL DECISIONS, AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
Be it enacted by the General Assembly ofthe State ofColorado:
In Colorado Revised Statutes, repeal and reenact, with amendments, part 17 of article 1 of title 6 as follows:
In Colorado Revised Statuterepeal and reenact, with amendments, part 17 of article 1oftitle 6 as follows:
________ Capital letters or bold & italic numbers indicate new material added to existing law;
Capital letters or bold & italic numbers indicate new material added to existing law;
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
dashes through words or numbers indicate deletionsfrom existing law andsuch material is not part of the act.
A S USED IN THIS PART 17, UNLESS THE CONTEXT OTHERWISE REQUIRES :
AS USED IN THIS PART 17, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "ADVERSE OUTCOME " MEANS :
(1) "ADVERSE OUTCOME" MEANS:
(a) A DECISION THAT DENIES , TERMINATES , REVOKES , OR MATERIALLYREDUCESORRESTRICTSACONSUMER SACCESSTO ,ELIGIBILITY FOR, SELECTION FOR , COMPENSATION FOR ,OR THE PROVISION OF AN OPPORTUNITY OR SERVICE ;OR (b) A DECISION THAT RESULTS IN MATERIALLY LESS FAVORABLE DIFFERENTIATEDPRICE ,COST,COMPENSATION ,OROTHERMATERIALTERMS THAT ARE REASONABLY LIKELY TO MATERIALLY LIMIT , DELAY ,OR EFFECTIVELYDENY ,OROTHERWISEFUNDAMENTALLYALTER ,ACONSUMER S ACCESS TO,ELIGIBILITY FOR,SELECTION FOR,COMPENSATION FOR ,OR THE PROVISION OFANOPPORTUNITYORSERVICE COMPAREDTOTERMS OFFERED TO SIMILARLY SITUATED CONSUMERS .
(a) A DECISION THAT DENIES, TERMINATES, REVOKES, OR MATERIALLY REDUCES ORRESTRICTS ACONSUMER'SACCESSTO, ELIGIBILITY FOR, SELECTION FOR, COMPENSATION FOR, OR THE PROVISION OF AN OPPORTUNITY OR SERVICE;
F A DECISION OUTCOME IMPOSES MATERIALLY LESS FAVORABLE DIFFERENTIATED PRICING OR TERMS ,THE DECISION OUTCOME MATERIALLY INFLUENCES PRICE , COST SHARING , COMPENSATION ,OR MATERIAL TERMS .
OR (b) A DECISION THAT RESULTS IN MATERIALLY LESS FAVORABLE DIFFERENTIATED PRICE, COST, COMPENSATION, OROTHER MATERIALTERMS THAT ARE REASONABLY LIKELY TO MATERIALLY LIMIT, DELAY, OR EFFECTIVELYDENY, OROTHERWISEFUNDAMENTALLY ALTER, ACONSUMER'S ACCESS TO, ELIGIBILITY FOR, SELECTION FOR, COMPENSATION FOR, OR THE PROVISION OF AN OPPORTUNITY OR SERVICE COMPARED TO TERMS OFFERED TO SIMILARLY SITUATED CONSUMERS.
(2)(a) "AUTOMATEDDECISION -MAKINGTECHNOLOGY "OR "ADMT" MEANS 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 .
IF A DECISION OUTCOME IMPOSES MATERIALLY LESS FAVORABLE DIFFERENTIATED PRICING OR TERMS, THE DECISION OUTCOME MATERIALLY INFLUENCES PRICE, COST SHARING, COMPENSATION, OR MATERIAL TERMS.
(b) "A UTOMATED DECISION -MAKING TECHNOLOGY "OR "ADMT" DOES NOT INCLUDE :
(2) (a"AUTOMATEDDECISION-MAKINGTECHNOLOGY" OR"ADM T" MEANS 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.
(I) THE FOLLOWING TECHNOLOGIES :
(b) "AUTOMATED DECISION-MAKING TECHNOLOGY" OR "ADM T" DOES NOT INCLUDE:
(A) A NTI-MALWARE ;
(I)THE FOLLOWING TECHNOLOGIES:
(B) A NTIVIRUS ;
(A) ANTI-MALWARE;
(C) C ALCULATORS ;
(B) ANTI-VIRUS;
PAGE 2-SENATE BILL 26-189 (D) D ATABASES ;
(C) CALCULATORS;
(E) D ATA STORAGE ;
PAGE 2-SENATE BILL 26-189 (D) DATABASES;
(F) FIREWALLS ;
(E) DATA STORAGE;
(G) INTERNET DOMAIN REGISTRATION ;
(F) FIREWALLS;
(H) INTERNET WEBSITE LOADING ;
(G) INTERNET DOMAIN REGISTRATION;
(I) NETWORKING ;
(H) INTERNET WEBSITE LOADING;
(J) SPAM- AND ROBOCALL -FILTERING;
(I) NETWORKING;
(K) SPELL-CHECKING ;
(J) SPAM- AND ROBOCALL-FILTERING;
(L) SPREADSHEETS THAT REQUIRE HUMAN ANALYSIS AND DO NOT USE MACHINE LEARNING , FOUNDATION MODELS , OR LARGE LANGUAGE MODELS ;
(K) SPELL-CHECKING;
(M) W EB CACHING;OR (N) W EB HOSTING;
(L) SPREADSHEETS THAT REQUIRE HUMAN ANALYSIS AND DO NOT USE MACHINE LEARNING, FOUNDATION MODELS, OR LARGE LANGUAGE MODELS;
(II) A TOOL USED BY AN INDIVIDUAL SOLELY TO SUMMARIZE , ORGANIZE ,TRANSLATE , DRAFT, ROUTE ,OR PRESENT INFORMATION FOR HUMAN REVIEW OF ADMINISTRATIVE PROCESSING ;OR (III) TECHNOLOGY THAT COMMUNICATES WITH CONSUMERS IN NATURAL LANGUAGE OR OTHER MEANS READILY UNDERSTOOD BY AN AVERAGE CONSUMER FOR THE PURPOSE OF PROVIDING CONSUMERS WITH INFORMATION ,MAKING REFERRALS OR RECOMMENDATIONS ,ANSWERING QUESTIONS ,OR GENERATING OTHER CONTENT ,IF:
(M) WEB CACHING;
(A) T HE TECHNOLOGY IS NOT CONTRACTED , ADVERTISED , MARKETED ,CONFIGURED ,OR INTENDED BY A PERSON TO BE USED IN A CONSEQUENTIAL DECISION ;AND (B) T HE TECHNOLOGY IS SUBJECT TO AN ACCEPTABLE USE POLICY THAT PROHIBITS GENERATED CONTENT TO BE USED IN A CONSEQUENTIAL PAGE 3-SENATE BILL 26-189 DECISION.
OR (N) WEB HOSTING;
(3) (a) "CNSEQUENTIAL DECISION " MEANS :
(II) A TOOL USED BY AN INDIVIDUAL SOLELY TO SUMMARIZE, ORGANIZE, TRANSLATE, DRAFT, ROUTE, OR PRESENT INFORMATION FOR HUMAN REVIEW OF ADMINISTRATIVE PROCESSING;
(I) A DECISION, DETERMINATION ,OR ACTION MADE ABOUT A CONSUMER THAT RELATES TO THE PROVISION OF OR A CONSUMER 'S ACCESS TO,ELIGIBILITY FOR,SELECTION FOR,OR COMPENSATION FOR A COVERED DOMAIN ;OR (II) ADECISION,DETERMINATION ,OR ACTION ABOUT A CONSUMER THATRELATESTOADIFFERENTIATEDPRICE COSTSHARING ,COMPENSATION , OR OTHER MATERIAL TERMS IN A MANNER THAT IS REASONABLY LIKELY TO MATERIALLY LIMIT, DELAY , EFFECTIVELY DENY , OR OTHERWISE FUNDAMENTALLY ALTER THE CONSUMER S ACCESS , ELIGIBILIT, OR OPPORTUNITY FOR A COVERED DOMAIN .
OR (III) TECHNOLOGY THAT COMMUNICATES WITH CONSUMERS IN NATURAL LANGUAGE OR OTHER MEANS READILY UNDERSTOOD BY AN AVERAGE CONSUMER FOR THE PURPOSE OF PROVIDING CONSUMERS WITH INFORMATION, MAKING REFERRALS OR RECOMMENDATIONS, ANSWERING QUESTIONS, OR GENERATING OTHER CONTENT, IF:
(b) "CONSEQUENTIAL DECISION " DOES NOT INCLUDE:
(A) THE TECHNOLOGY IS NOT CONTRACTED, ADVERTISED, MARKETED, CONFIGURED, OR INTENDED BY A PERSON TO BE USED IN A CONSEQUENTIAL DECISION;
(I) LOW -STAKES OR ROUTINE DECISIONS,ACTIONS ,AND BUSINESS PROCESSES THAT DO NOT MATERIALLY INFLUENCE ELIGIBILITY FOR , SELECTIONFOR ,DENIALOF ,COMPENSATIONFOR ,PRICINGOF ,ORACCESSTO ANOPPORTUNITYORSERVICEFORACOVEREDDOMAIN ,INCLUDINGROUTINE SCHEDULING ,CLASSROOM PERSONALIZATION ,ADMINISTRATIVE ROUTING , CUSTOMERSERVICETRIAGE ,COMMUNICATIONOFDECISIONS ,ORWORKFLOW MANAGEMENT ;
AND (B) THE TECHNOLOGY IS SUBJECT TO AN ACCEPTABLE USE POLICY THAT PROHIBITS GENERATED CONTENT TO BE USED IN A CONSEQUENTIAL PAGE 3-SENATE BILL 26-189 DECISION.
(II) ADVERTISING , MARKETING , DIFFERENTIATED PRODUCT RECOMMENDATIONS ,SEARCH ,OR CONTENT MODERATION ;
(3) (a)"CONSEQUENTIAL DECISION" MEANS:
(III) SREADSHEETSTHATREQUIREMANUALHUMANANALYSISAND DO NOT USE MACHINE LEARNING , FOUNDATION MODELS , OR LARGE LANGUAGE MODELS ;
(I) A DECISION, DETERMINATION, OR ACTION MADE ABOUT A CONSUMER THAT RELATES TO THE PROVISION OF OR A CONSUMER'S ACCESS TO, ELIGIBILITY FOR, SELECTION FOR, OR COMPENSATION FOR A COVERED DOMAIN;OR (II)A DECISION, DETERMINATION, OR ACTION ABOUT A CONSUMER THATRELATES TOA DIFFERENTIATED PRICE, COSTSHARING, COMPENSATION, OR OTHER MATERIAL TERMS IN A MANNER THAT IS REASONABLY LIKELY TO MATERIALLY LIMIT, DELAY, EFFECTIVELY DENY, OR OTHERWISE FUNDAMENTALLY ALTER THE CONSUMER'S ACCESS, ELIGIBILITY, OR OPPORTUNITY FOR A COVERED DOMAIN.
(IV) A CTIONS IN WHICH AN ADMT IS USED TO SUMMARIZE , ORGANIZE ,ORPRESENTINFORMATIONFORHUMANREVIEWANDTHESYSTEM DOES NOT PRODUCE A SCORE , RANKING , RECOMMENDATION , CLASSIFICATION, PREDICTION,OR OTHER INFERENCE THAT MATERIALLY INFLUENCES AN OUTCOME OR A DECISION ;
(b) "CONSEQUENTIAL DECISION" DOES NOT INCLUDE:
(V) NARROWPROCEDURALTASKSORDATA -PROCESSINGFUNCTIONS PAGE 4-SENATE BILL 26-189 THAT DO NOT GENERATE A PREDICTION OR INFERENCE ABOUT A CONSUMER OR MATERIALLY INFLUENCE A CONSEQUENTIAL DECISION OR CONSEQUENTIAL DECISION PROCESS;
(I) LOW-STAKES OR ROUTINE DECISIONS, ACTIONS, AND BUSINESS PROCESSES THAT DO NOT MATERIALLY INFLUENCE ELIGIBILITY FOR, SELECTION FOR, DENIAL OF, COMPENSATION FOR, PRICING OF, OR ACCESS TO AN OPPORTUNITYORSERVICEFORACOVERED DOMAIN, INCLUDING ROUTINE SCHEDULING, CLASSROOM PERSONALIZATION, ADMINISTRATIVE ROUTING, CUSTOMERSERVICETRIAGE, COMMUNICATION OFDECISIONS, ORWORKFLOW MANAGEMENT;
(VI) A CTIVITIES RELATING TO TECHNOLOGIES USED FOR CYBERSECURITY ,SPAM -AND ROBO CALL FILTERING,SYSTEM RELIABILIT, AND ANTI -MONEY LAUNDERING AND COUNTER -TERRORIST FINANCING CONTROLS ;
(11) ADVERTISING, MARKETING, DIFFERENTIATED PRODUCT RECOMMENDATIONS, SEARCH, OR CONTENT MODERATION;
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(VII) ACTIVITIESRELATINGTOTECHNOLOGIESUSEDFORECONOMIC SANCTIONSCOMPLIANCE ,INCLUDINGUNDERTHEFEDERAL "BANK SECRECY A CT", 12 U.S.SEC .
(111SPREADSHEETSTHAT REQUIRE MANUAL HUMAN ANALYSIS AND DO NOT USE MACHINE LEARNING, FOUNDATION MODELS, OR LARGE LANGUAGE MODELS;
195ET SEQ.;THE FEDERAL "USA PATRIOT A CT ", PUB .L.
(IV) ACTIONS IN WHICH AN A D M T IS USED TO SUMMARIZE, ORGANIZE, ORPRESENTINFORMATION FORHUMAN REVIEWANDTHESYSTEM DOES NOT PRODUCE A SCORE, RANKING, RECOMMENDATION, CLASSIFICATION, PREDICTION, OR OTHER INFERENCE THAT MATERIALLY INFLUENCES AN OUTCOME OR A DECISION;
107-56THE FEDERAL TRADE COMMISSION 'S RED FLAGS RULE, 16 CFR 681,ASAMENDED ;ANDSANCTIONSPROGRAMSADMINISTEREDBYTHE U NITED STATES DEPARTMENT OF THE TREASURY , EXCLUDING FACIAL RECOGNITION UNLESS THE SOLE PURPOSE OF WHICH IS TO CONFIRM AN INDIVIDUALS IDENTITY;
(V) NARROW PROCEDURALTASKS ORDATA-PROCESSINGFUNCTIONS PA G E 4-SEN A TE BILL26-189 THAT DO NOT GENERATE A PREDICTION OR INFERENCE ABOUT A CONSUMER OR MATERIALLY INFLUENCE A CONSEQUENTIAL DECISION OR CONSEQUENTIAL DECISION PROCESS;
(VIII) ACTIVITIES RELATING TO TECHNOLOGIES USED FOR FRAUD PREVENTION , INCLUDING IDENTITY VERIFICATION , CONSUMER IDENTIFICATIONMONITORING ,ANDREPORTINGCONTROLSREQUIREDUNDER STATE OR FEDERAL LAW;OR (IX) ROUTINE ACADEMIC ADMINISTRATION AND STUDENT SUPPORT PROCESSES THAT DO NOT MATERIALLY INFLUENCE A CONSEQUENTIAL DECISION.
(VI) ACTIVITIES RELATING TO TECHNOLOGIES USED FOR CYBERSECURITY, SPAM-AND ROBO-CALL FILTERING, SYSTEM RELIABILITY, AND ANTI-MONEY LAUNDERING AND COUNTER-TERRORIST FINANCING CONTROLS;
(4) (a) "CNSUMER "HAS THE MEANING SET FORTH IN SECTION 6-1-1303 (6)(a).
(VII) ACTIVITIES RELATING TO TECHNOLOGIES USED FORECONOMIC SANCTIONS COMPLIANCE, INCLUDING UNDERTHE FEDERAL "BANK SECRECY ACT", 12 U.S.C.
(b) "CONSUMER "INCLUDESANEMPLOYEE AJOBAPPLICANT WHOIS A COLORADO RESIDENT , AND ANY INDIVIDUAL WHOSE ACCESS TO , ELIGIBILITY FO, OR OPPORTUNITY IN COLORADO IS EVALUATED IN A CONSEQUENTIAL DECISION BY A PERSON DOING BUSINESS INOLORADO .
SEC.
(5) "C OVERED ADMT" MEANS AUTOMATED DECISION -MAKING TECHNOLOGYTHAT IS USED TO MATERIALLY INFLUENCE ACONSEQUENTIAL DECISION.
1951 ET SEQ.;
(6) "COVERED DOMAIN "MEANS :
THE FEDERAL "USA PA TRIO T ACT", PUB.L.
PAGE 5-SENATE BILL 26-189 (a) AN EDUCATION ENROLLMENT OR AN EDUCATION OPPORTUNITY ;
107-56;
(b) EMPLOYMENTORANEMPLOYMENTOPPORTUNITYTHATCREATES OR MAY CREATE AN EMPLOYER -EMPLOYEE RELATIONSHIP ;
THE FEDERAL TRADE COMMISSION'S RED FLAGS RULE, 16 CFR 681, AS AMENDED;
(c) T HE LEASE OR PURCHASE OF RESIDENTIAL REAL ESTATE IN COLORADO ;
AND SANCTIONS PROGRAMS ADMINISTERED BYTHE UNITED STATES DEPARTMENT OF THE TREASURY, EXCLUDING FACIAL RECOGNITION UNLESS THE SOLE PURPOSE OF WHICH IS TO CONFIRM AN INDIVIDUAL'S IDENTITY;
(d) A FINANCIAL OR LENDING SERVICE;
(VIII) ACTIVITIES RELATING TO TECHNOLOGIES USED FOR FRAUD PREVENTION, INCLUDING IDENTITY VERIFICATION, CONSUMER IDENTIFICATION, MONITORING, AND REPORTING CONTROLS REQUIRED UNDER STATE OR FEDERAL LAW;
(e) INSURANCE , INCLUDING UNDERWRITING ,PRICING,COVERAGE , CLAIMS ADJUDICATION ,OR OTHER DETERMINATIONS THAT MATERIALLY AFFECT ACCESS TO BENEFITS;
OR (IX) ROUTINE ACADEMIC ADMINISTRATION AND STUDENT SUPPORT PROCESSES THAT DO NOT MATERIALLY INFLUENCE A CONSEQUENTIAL DECISION.
(f) HEALTH -CARE SERVICES;OR (g) ESSENTIAL GOVERNMENT SERVICES AND PUBLIC BENEFITS , INCLUDING ELIGIBILITY AND RENEWAL DETERMINATIONS .
(4) (a) "CONSUMER" HAS THE MEANING SET FORTH IN SECTION 6-1-1303 (6)(a).
(7) "D EPLOYER "MEANS A PERSON DOING BUSINESS IN C OLORADO THAT DEPLOYS A COVERED ADMT.
(b) "CONSUMER" INCLUDES AN EMPLOYEE, A JOB APPLICANT WHO IS A COLORADO RESIDENT, AND ANY INDIVIDUAL WHOSE ACCESS TO, ELIGIBILITY FOR, OR OPPORTUNITY IN COLORADO IS EVALUATED IN A CONSEQUENTIAL DECISION BY A PERSON DOING BUSINESS IN COLORADO.
(8) (a) "D EVELOPER " MEANS A PERSON DOING BUSINESS IN COLORADO THAT :
(5) "COVERED ADM T" MEANS AUTOMATED DECISION-MAKING TECHNOLOGY THAT IS USED TO MATERIALLY INFLUENCE A CONSEQUENTIAL DECISION.
(I) D EVELOPS, OFFERS,SELLS ,LEASES, LICENSES,OR OTHERWISE MAKES COMMERCIALLY AVAILABLE A COVERED ADMT;
(6) "COVERED DOMAIN" MEANS:
(II) D EVELOPS A COMPONENT THAT IS DESIGNED , MARKETED , INTENDED ,DOCUMENTED ,ADVERTISED ,CONFIGURED ,OR CONTRACTED TO BE USED AS PART OF A COVERED ADMT;
PA G E 5-SEN A TE BILL 26-189 (a)AN EDUCATION ENROLLMENT OR AN EDUCATION OPPORTUNITY;
OR (III) NTENTIONALLY AND SUBSTANTIALLY MODIFIES AN ADMT SUCH THAT IT BECOMES A COVERED ADMT.
(b)EMPLOYMENTORAN EMPLOYMENTOPPORTUNITYTHATCREATES OR MAY CREATE AN EMPLOYER-EMPLOYEE RELATIONSHIP;
(b) "DEVELOPER " DOES NOT INCLUDE A PERSON THAT :
(C) THE LEASE OR PURCHASE OF RESIDENTIAL REAL ESTATE IN COLORADO;
(I) DEVELOPS AND USES AN ADMT:
(d)A FINANCIAL OR LENDING SERVICE;
(A) SOLELYFORRESEARCHPURPOSESANDTHE ADMT IS NOT USED PAGE 6-SENATE BILL 26-189 IN A CONSEQUENTIAL DECISION IN THE RESEARC;OR (B) F OR INTERNAL PURPOSES ,SUCH AS USE AND DEVELOPMENT ACTIVITIES BY AFFILIATES AND COMMERCIAL SUPPORT FUNCTIONS ,AND THAT DOES NOT MAKE THE SYSTEM AVAILABLE TO ANOTHER PERSON FOR USE IN A CONSEQUENTIAL DECISION (II) IS A PRECEDING DEVELOPER THAT MAKES AN ADMT COMMERCIALLY AVAILABLE AND AN UNAFFILIATED PERSON MODIFIES THE COVERED ADMT IN A MANNER THAT CHANGES THE SYSTEM 'S INTENDED, DOCUMENTED MARKETED ,ADVERTISED,CONFIGURED ,ORCONTRACTEDUSE ;
(e) INSURANCE, INCLUDING UNDERWRITING, PRICING, COVERAGE, CLAIMS ADJUDICATION, OR OTHER DETERMINATIONS THAT MATERIALLY AFFECT ACCESS TO BENEFITS;
OR (III) HAS DESIGNED , MARKETED , INTENDED , DOCUMENTED , ADVERTISED ,CONFIGURED,ORCONTRACTEDACOMPONENTTHATISUSEDAS PART OF ANADMT, BUT THE COMPONENT IS INTEGRATED INTO A COVERED ADMT WITHOUT THE ACTUAL KNOWLEDGE OF THE PERSON .
(t) HEALTH-CARE SERVICES;
(9) "EMPLOYEE "HAS THE MEANING SET FORTH IN SECTION8-4-101 (5).
OR (g) ESSENTIAL GOVERNMENT SERVICES AND PUBLIC BENEFITS, INCLUDING ELIGIBILITY AND RENEWAL DETERMINATIONS.
(10) "EMPLOYER "HASTHEMEANINGSETFORTHINSECTION 8-4-101 (6).
(7) "DEPLOYER" MEANS A PERSON DOING BUSINESS IN COLORADO THAT DEPLOYS A COVERED ADM T.
(11) "FERPA" MEANSTHEFEDERAL "FAMILY EDUCATIONAL R IGHTS AND PRIVACY A CT OF 1974", 20 U.S.C.SEC.
(8) (a) "DEVELOPER" MEANS A PERSON DOING BUSINESS IN COLORADO THAT:
1232g ET SEQ .AND ITS IMPLEMENTING REGULATIONS .
(I) DEVELOPS, OFFERS, SELLS, LEASES, LICENSES, OR OTHERWISE MAKES COMMERCIALLY AVAILABLE A COVERED ADM T;
(12) "INTENTIONAL AND SUBSTANTIAL MODIFICATION " MEANS A DELIBERATE CHANGE MADE TO AN ADMT THAT RESULTS IN A MATERIAL CHANGE TO THE SYSTEM 'S INTENDED , DOCUMENTED , ADVERTISED , CONFIGURED ,OR CONTRACTED USE .
(11) DEVELOPS A COMPONENT THAT IS DESIGNED, MARKETED, INTENDED, DOCUMENTED, ADVERTISED, CONFIGURED, OR CONTRACTED TO BE USED AS PART OF A COVERED ADM T;
(13) (a) "MTERIALLY INFLUENCE "MEANS :
OR (III) INTENTIONALLY AND SUBSTANTIALLY MODIFIES AN A D M T SUCH THAT IT BECOMES A COVERED ADM T.
(I) AN ADMT OUTPUT IS A NON-DE MINIMIS FACTOR THAT IS USED IN MAKING A CONSEQUENTIAL DECISION;AND (II) AN ADMT OUTPUT AFFECTS THE OUTCOME OF A CONSEQUENTIAL DECISION , INCLUDING BY CONSTRAINING , RANKING , PAGE 7-SENATE BILL 26-189 SCORING ,RECOMMENDING , CLASSIFYING,OR OTHERWISE MEANINGFULLY ALTERING HOW A CONSEQUENTIAL DECISION IS MADE .
(b) "DEVELOPER" DOES NOT INCLUDE A PERSON THAT:
(b) "M ATERIALLY INFLUENCE "DOES NOT INCLUDE INCIDENTAL , TRIVIAL,OR CLERICAL USES.
(I) DEVELOPS AND USES AN ADM T:
(14) (a) "MATERIAL UPDATE" MEANS AN UPDATE ,PATCH ,RELEASE, REVISION,ORNEWVERSIONOFACOVERED ADMT, INCLUDINGASSOCIATED SOFTWARE ,MODELPARAMETERS ,DEFAULTSETTINGS ORDOCUMENTATION , THAT A DEVELOPER KNOWS OR REASONABLY SHOULD KNOW IS LIKELY TO MATERIALLY AFFECT :
(A) SOLELY FOR RESEARCH PURPOSES AND THE A D M T IS NOT USED PAGE 6-SENATE BILL 26-189 IN A CONSEQUENTIAL DECISION IN THE RESEARCH;
(I) TECOVERED ADMT' SOUTPUTSORPERFORMANCEINAMANNER RELEVANT TO ITS INTENDED USE;OR (II) THE DEVELOPER 'S STATED INTENDED USE FOR THE COVERED ADMT.
OR (B) FOR INTERNAL PURPOSES, SUCH AS USE AND DEVELOPMENT ACTIVITIES BY AFFILIATES AND COMMERCIAL SUPPORT FUNCTIONS, AND THAT DOES NOT MAKE THE SYSTEM AVAILABLE TO ANOTHER PERSON FOR USE IN A CONSEQUENTIAL DECISION;
(b) "M ATERIAL UPDATE " DOES NOT INCLUDE ROUTINE MAINTENANCE , COSMETIC CHANGES , OR BUG FIXES THAT DO NOT MATERIALLY INFLUENCE :
(II) IS A PRECEDING DEVELOPER THAT MAKES AN A D M T COMMERCIALLY AVAILABLE AND AN UNAFFILIATED PERSON MODIFIES THE COVERED A D M T IN A MANNER THAT CHANGES THE SYSTEM'S INTENDED, DOCUMENTED, MARKETED, ADVERTISED, CONFIGURED, ORCONTRACTEDUSE;
(I) A COVERED ADMT' S OUTPUTS OR PERFORMANCE IN A MANNER RELEVANT TO ITS INTENDED USE;OR (II) A DEVELOPER S STATED INTENDED USE FOR THE COVERED ADMT.
OR (Ill) HAS DESIGNED, MARKETED, INTENDED, DOCUMENTED, ADVERTISED,CONFIGURED,ORCONTRACTEDACOMPONENTTHATISUSEDAS PART OF AN ADM T, BUT THE COMPONENT IS INTEGRATED INTO A COVERED A D M T WITHOUT THE ACTUAL KNOWLEDGE OF THE PERSON.
(15) "M EANINGFUL HUMAN REVIEW " MEANS REVIEW BY A INDIVIDUAL DESIGNATED BY THE DEPLOYER WHO HAS AUTHORITY TO APPROVE ,MODIFY ,OR OVERRIDE A CONSEQUENTIAL DECISION AND WHO :
(9) "EMPLOYEE" HAS THE MEANING SET FORTH IN SECTION 8-4-101 (5).
(a) CONSIDERS RELEVANT ,AVAILABLE PRIMARY EVIDENCE ;
( 10) "EMPLOYER" HAS THE MEANING SETFORTH IN SECTION 8-4-101 (6).
(11) "FERPA" MEANSTHEFEDERAL"FAMILYEDUCATIONALRIGHTS AND PRIVACY ACT OF 1974", 20 U.S.C.
SEC.
1232g ET SEQ., AND ITS IMPLEMENTING REGULATIONS.
(12) "INTENTIONAL AND SUBSTANTIAL MODIFICATION" MEANS A DELIBERATE CHANGE MADE TO AN A D M T THAT RESULTS IN A MATERIAL CHANGE TO THE SYSTEM'S INTENDED, DOCUMENTED, ADVERTISED, CONFIGURED, OR CONTRACTED USE.
(13) (a)"MATERIALLY INFLUENCE" MEANS:
(I) AN A D M T OUTPUT IS A NON-DE MINIMIS FACTOR THAT IS USED IN MAKING A CONSEQUENTIAL DECISION;
AND (II) AN A D M T OUTPUT AFFECTS THE OUTCOME OF A CONSEQUENTIAL DECISION, INCLUDING BY CONSTRAINING, RANKING, PA G E 7-SENATE BILL 26-189 SCORING, RECOMMENDING, CLASSIFYING, OR OTHERWISE MEANINGFULLY ALTERING HOW A CONSEQUENTIAL DECISION IS MADE.
(b) "MATERIALLY INFLUENCE" DOES NOT INCLUDE INCIDENTAL, TRIVIAL, OR CLERICAL USES.
(14) (a"MATERIAL UPDATE" MEANS AN UPDATE, PATCH, RELEASE, REVISION, ORNEW VERSION OF ACOVEREDADM T, INCLUDING ASSOCIATED SOFTWARE, MODEL PARAMETERS, DEFAULTSETTINGS, ORDOCUMENTATION, THAT A DEVELOPER KNOWS OR REASONABLY SHOULD KNOW IS LIKELY TO MATERIALLY AFFECT:
(I)THECOVERED AD MT'S OUTPUTS ORPERFORMANCE INAMANNER RELEVANT TO ITS INTENDED USE;
OR (II) THE DEVELOPER'S STATED INTENDED USE FOR THE COVERED A D M T.
(b) "MATERIAL UPDATE" DOES NOT INCLUDE ROUTINE MAINTENANCE, COSMETIC CHANGES, OR BUG FIXES THAT DO NOT MATERIALLY INFLUENCE:
(I) A COVERED ADMT'S OUTPUTS OR PERFORMANCE IN A MANNER RELEVANT TO ITS INTENDED USE;
OR (11) A DEVELOPER'S STATED INTENDED USE FOR THE COVERED A D M T.
(15) "MEANINGFUL HUMAN REVIEW" MEANS REVIEW BY A INDIVIDUAL DESIGNATED BY THE DEPLOYER WHO HAS AUTHORITY TO APPROVE, MODIFY, OR OVERRIDE A CONSEQUENTIAL DECISION AND WHO:
(a) CONSIDERS RELEVANT, AVAILABLE PRIMARY EVIDENCE;
(c) DOES NOT DEFAULT TO THE SYSTEM OUTPUT ;
(c) DOES NOT DEFAULT TO THE SYSTEM OUTPUT;
AND (d) HAS ACCESS TO SUFFICIENT INFORMATION TO UNDERSTAND :
AND (d) HAS ACCESS TO SUFFICIENT INFORMATION TO UNDERSTAND:
PAGE 8-SENATE BILL 26-189 (I) THE OUTPUTS:
PAGE 8-SENATE BILL 26-189 (I)THE OUTPUT'S:
(A) INTENDED USE ;
(A) INTENDED USE;
(B) M ATERIAL LIMITATIONS;AND (C) CATEGORIES OF INPUTS;AND (II) THE PRINCIPAL FACTORS USED TO GENERATE THE OUTPUT , WITHOUT REQUIRING DISCLOSURE OF PROPRIETARY SOURCE CODE , MODEL WEIGHTS ,OR OTHER TRADE SECRETS.
(8) MATERIAL LIMITATIONS;
(16) "PERSONAL DATA " HAS THE MEANING SET FORTH IN SECTION 6-1-1303 (17).
AND (C) CATEGORIES OF INPUTS;
(17) "TRADE SECRET " HAS THE MEANING SET FORTH IN SECTION 7-74-102 (4).
AND (II)THE PRINCIPAL FACTORS USED TO GENERATE THE OUTPUT, WITHOUT REQUIRING DISCLOSURE OF PROPRIETARY SOURCE CODE, MODEL WEIGHTS, OR OTHER TRADE SECRETS.
(16) "PERSONAL DATA" HAS THE MEANING SET FORTH IN SECTION 6-1-1303 (17).
(17) "TRADE SECRET" HAS THE MEANING SET FORTH IN SECTION 7-74-102 (4).
(1) O N AND AFTER JANUARY 1, 2027,A DEVELOPER SHALL MAKE AVAILABLE TO EACH DEPLOYER OF A COVERED ADMT DEVELOPED BY THE DEVELOPER , IN A FORM AND MANNER THAT IS REASONABLY UNDERSTANDABLETOADEPLOYERANDTHATPROTECTSTRADESECRETSOR INFORMATION PROTECTED FROM DISCLOSURE BY STATE OR FEDERAL LAW :
(1) ON AND AFTER JANUARY 1, 2027, A DEVELOPER SHALL MAKE AVAILABLE TO EACH DEPLOYER OF A COVERED A D M T DEVELOPED BY THE DEVELOPER, IN A FORM AND MANNER THAT IS REASONABLY UNDERSTANDABLETO ADEPLOYERANDTHATPROTECTSTRADE SECRETS OR INFORMATION PROTECTED FROM DISCLOSURE BY STATE OR FEDERAL LAW:
(a) A GENERAL STATEMENT DESCRIBING THE INTENDED USES AND KNOWN HARMFUL OR INAPPROPRIATE USES OF THE COVERED ADMT;
(a) A GENERAL STATEMENT DESCRIBING THE INTENDED USES AND KNOWN HARMFUL OR INAPPROPRIATE USES OF THE COVERED ADM T;
(b) A DESCRIPTION OF THE CATEGORIES OF DATA ,INCLUDING PERSONAL DATA , USED TO TRAIN THE COVERED ADMT, TO THE EXTENT KNOWN ;
(b) A DESCRIPTION OF THE CATEGORIES OF DATA, INCLUDING PERSONAL DATA, USED TO TRAIN THE COVERED A D M T, TO THE EXTENT KNOWN;
(c) K NOWN LIMITATIONS OF THE COVERED ADMT, INCLUDING KNOWNRISKSANDCIRCUMSTANCESINWHICHTHECOVERED ADMT SHOULD NOT BE USED;
(c) KNOWN LIMITATIONS OF THE COVERED ADM T, INCLUDING KNOWN RISKS ANDCIRCUMSTANCES INWHICHTHECOVEREDA D M T SHOULD NOT BE USED;
(d) ISTRUCTIONS FOR THE DEPLOYER S APPROPRIATE USE , MONITORING ,AND MEANINGFUL HUMAN REVIEW WHERE APPLICABLE ;
(d) INSTRUCTIONS FOR THE DEPLOYER'S APPROPRIATE USE, MONITORING, AND MEANINGFUL HUMAN REVIEW, WHERE APPLICABLE;
PAGE 9-SENATE BILL 26-189 (e) NFORMATION REASONABLY NECESSARY FOR THE DEPLOYER TO COMPLY WITH SECTION 6-1-1704.
PA G E 9-SENATE BILL 26-189 (e) INFORMATION REASONABLY NECESSARY FOR THE DEPLOYER TO COMPLY WITH SECTION 6-1-1704.
IF INFORMATION IS WITHHELD ,THE DEVELOPER SHALL NOTIFY THE DEPLOYER .
IF INFORMATION IS WITHHELD, THE DEVELOPER SHALL NOTIFY THE DEPLOYER.
(2) (a) A DEVELOPER SHALL PROVIDE TO EACH DEPLOYER OF A COVERED ADMT DEVELOPED BY THE DEVELOPER A NOTICE OF MATERIAL UPDATES ,INTENTIONAL AND SUBSTANTIAL MODIFICATIONS ,AND CHANGES TO THE INTENDED USE OF,LIMITATIONS FOR,OR RISK MITIGATION FOR THE COVERED ADMT WITHIN A REASONABLE TIME.
(2)(a) A DEVELOPER SHALL PROVIDE TO EACH DEPLOYER OF A COVERED A D M T DEVELOPED BY THE DEVELOPER A NOTICE OF MATERIAL UPDATES, INTENTIONAL AND SUBSTANTIAL MODIFICATIONS, AND CHANGES TO THE INTENDED USE OF, LIMITATIONS FOR, OR RISK MITIGATION FOR THE COVERED A D M T WITHIN A REASONABLE TIME.
(b) ADEVELOPERMAYUSEPUBLICRELEASENOTESCONTAININGTHE INFORMATIONREQUIREDBYSUBSECTION (2)(a)OFTHISSECTIONTOCOMPLY WITH THIS SUBSECTION (2)IF THE DEVELOPER PROVIDES DIRECT NOTICE OF THE PUBLIC RELEASE TO EACH DEPLOYER OF THE COVERED ADMT.
(b)A DEVELOPERMAY USE PUBLIC RELEASENOTES CONTAININGTHE INFORMATIONREQUIREDBYSUBSECTION(2)(a)OFTHISSECTIONTOCOMPLY WITH THIS SUBSECTION (2) IF THE DEVELOPER PROVIDES DIRECT NOTICE OF THE PUBLIC RELEASE TO EACH DEPLOYER OF THE COVERED ADM T.
(3) A DEVELOPER IS SUBJECT TO THE DISCLOSURE REQUIREMENTS DESCRIBED IN SUBSECTIONS (1)AND (2)OF THIS SECTION ONLY FOR A DEPLOYER SUSEOFACOVERED ADMT WHERETHE ADMT WASMARKETED , ADVERTISED ,CONFIGURED ,CONTRACTED ,SOLD ,OR LICENSED TO BE USED TO MATERIALLY INFLUENCE A CONSEQUENTIAL DECISION .
(3)A DEVELOPER IS SUBJECT TO THE DISCLOSURE REQUIREMENTS DESCRIBED IN SUBSECTIONS ( 1) AND (2) OF THIS SECTION ONLY FOR A DEPLOYER'S USEOFACOVEREDA D M T WHERETHEA D M T WAS MARKETED, ADVERTISED, CONFIGURED, CONTRACTED, SOLD, OR LICENSED TO BE USED TO MATERIALLY INFLUENCE A CONSEQUENTIAL DECISION.
(4) A DEVELOPER SHALL RETAIN ,FOR NOT LESS THAN THREE YEARS AFTER THE CREATION OF A RECORD REQUIRED OR CREATED UNDER THIS SECTION OR FOR A LONGER PERIOD IF REQUIRED BY APPLICABLE STATE OR FEDERAL LAW , RECORDS REASONABLY NECESSARY TO DEMONSTRATE COMPLIANCE WITH THIS SECTION .
(4) A DEVELOPER SHALL RETAIN, FOR NOT LESS THAN THREE YEARS AFTER THE CREATION OF A RECORD REQUIRED OR CREATED UNDER THIS SECTION OR FOR A LONGER PERIOD IF REQUIRED BY APPLICABLE STATE OR FEDERAL LAW, RECORDS REASONABLY NECESSARY TO DEMONSTRATE COMPLIANCE WITH THIS SECTION.
RECORDS INCLUDE SYSTEM VERSION IDENTIFIERS, CHANGELOGS , AND DOCUMENTATION AND NOTICES OF MATERIALUPDATESPROVIDEDTODEPLOYERSPURSUANTTOSUBSECTION (2) OF THIS SECTIO.
RECORDS INCLUDE SYSTEM VERSION IDENTIFIERS, CHANGELOGS, AND DOCUMENTATION AND NOTICES OF MATERIALUPDATES PROVIDEDTO DEPLOYERS PURSUANTTOSUBSECTION (2) OF THIS SECTION.
(5) THISSECTIONAPPLIESWHENADEVELOPERCREATESACOVERED ADMT THAT IS INTENDED ,DOCUMENTED , MARKETED , ADVERTISED , CONFIGURED , OR CONTRACTED TO BE USED TO MAKE CONSEQUENTIAL DECISIONS OR WHEN THE DEVELOPER BECOMES AWARE THAT THE COVERED ADMT IS BEING USED TO MAKE CONSEQUENTIAL DECISIONS IN A MANNER CONSISTENT WITH THE INTENDED AND CONTRACTED USES .
(5)THIS SECTION APPLIES WHEN A DEVELOPER CREATES A COVERED A D M T THAT IS INTENDED, DOCUMENTED, MARKETED, ADVERTISED, CONFIGURED, OR CONTRACTED TO BE USED TO MAKE CONSEQUENTIAL DECISIONS OR WHEN THE DEVELOPER BECOMES AWARE THAT THE COVERED A D M T IS BEING USED TO MAKE CONSEQUENTIAL DECISIONS IN A MANNER CONSISTENT WITH THE INTENDED AND CONTRACTED USES.
A DEPLOYERSHALLRETAIN FORNOTLESSTHANTHREEYEARSAFTER PAGE 10-SENATE BILL 26-189 THE DATE OF A CONSEQUENTIAL DECISION OR FOR A LONGER PERIOD IF REQUIRED BY APPLICABLE STATE OR FEDERAL LAW,RECORDS REASONABLY NECESSARY TO DEMONSTRATE COMPLIANCE WITH THIS PART 17.
A DEPLOYERSHALLRETAIN, FORNOT LESSTHANTHREE YEARS AFTER P A G E 10-SENAT E BILL 26-189 THE DATE OF A CONSEQUENTIAL DECISION OR FOR A LONGER PERIOD IF REQUIRED BY APPLICABLE STATE OR FEDERAL LAW, RECORDS REASONABLY NECESSARY TO DEMONSTRATE COMPLIANCE WITH THIS PART 17.RECORDS MAY INCLUDE, AS APPLICABLE, COVERED A D M T VERSION IDENTIFIERS, CHANGELOGS, AND DOCUMENTATION OF MATERIAL MITIGATION CHANGES.
ECORDS MAY INCLUDE , AS APPLICABLE, COVERED ADMT VERSION IDENTIFIERS, CHANGELOGS ,AND DOCUMENTATION OF MATERIAL MITIGATION CHANGES .
(1) RIORTOADEPLOYERUSINGACOVERED ADMT TOMATERIALLY INFLUENCE A CONSEQUENTIAL DECISION ,THE DEPLOYER SHALL PROVIDE A CLEAR AND CONSPICUOUS NOTICE TO A CONSUMER THAT THE DEPLOYER USED OR WILL USE A COVERED ADMT IN A CONSEQUENTIAL DECISION AFFECTING THE CONSUMER AND INSTRUCTIONS REGARDING HOW THE CONSUMERMAYOBTAINTHEADDITIONALINFORMATIONDESCRIBEDINTHIS SECTION.
(1) PRIORTOA DEPLOYERUSING ACOVEREDADM TTO MATERIALLY INFLUENCE A CONSEQUENTIAL DECISION, THE DEPLOYER SHALL PROVIDE A CLEAR AND CONSPICUOUS NOTICE TO A CONSUMER THAT THE DEPLOYER USED OR WILL USE A COVERED A D M T IN A CONSEQUENTIAL DECISION AFFECTING THE CONSUMER AND INSTRUCTIONS REGARDING HOW THE CONSUMERMAY OBTAIN THE ADDITIONAL INFORMATION DESCRIBED INTHIS SECTION.
(2) ADEPLOYERCOMPLIESWITHSUBSECTION (1)OFTHISSECTIONBY MAINTAINING A PROMINENT PUBLIC NOTICE THAT IS REASONABLY ACCESSIBLE AT POINTS OF CONSUMER INTERACTION ,INCLUDING THROUGH A LINK OR POSTING THAT IS REASONABLY PROXIMATE TO THE INTERACTION OR TRANSACTION IN WHICH A CONSEQUENTIAL DECISION MAY OCCUR .
(2) A DEPLOYERCOMPLIES WITH SUBSECTION ( 1)OFTHIS SECTION BY MAINTAINING A PROMINENT PUBLIC NOTICE THAT IS REASONABLY ACCESSIBLE AT POINTS OF CONSUMER INTERACTION, INCLUDING THROUGH A LINK OR POSTING THAT IS REASONABLY PROXIMATE TO THE INTERACTION OR TRANSACTION IN WHICH A CONSEQUENTIAL DECISION MAY OCCUR.
(3) IF A DEPLOYER USES A COVERED ADMT TO MATERIALLY INFLUENCE A CONSEQUENTIAL DECISION THAT RESULTS IN AN ADVERSE OUTCOMEFORACONSUMER ,THEDEPLOYERSHALLPROVIDEWITHINTHIRTY DAYS AFTER MAKING THE DECISION :
(3) IF A DEPLOYER USES A COVERED A D M T TO MATERIALLY INFLUENCE A CONSEQUENTIAL DECISION THAT RESULTS IN AN ADVERSE OUTCOME FORACONSUMER, THE DEPLOYER SHALL PROVIDE WITHIN THIRTY DAYS AFTER MAKING THE DECISION:
(a) A PLAIN LANGUAGE DESCRIPTION OF THE CONSEQUENTIAL DECISION AND THE ROLE THE COVERED ADMT PLAYED IN THE CONSEQUENTIAL DECISION ;
(a) A PLAIN LANGUAGE DESCRIPTION OF THE CONSEQUENTIAL DECISION AND THE ROLE THE COVERED ADMT PLAYED IN THE CONSEQUENTIAL DECISION;
(b) ISTRUCTIONS AND A SIMPLE-TO FOLLOWPROCESS TO REQUEST ADDITIONAL INFORMATION ABOUT THE COVERED ADMT AND THE INPUTS, INCLUDING THE NAME OF THE COVERED ADMT, THE COVERED ADMT VERSION NUMBER , IF APPLICABL,THE COVERED ADMT DEVELOPER ,AND THE TYPES,CATEGORIES ,AND SOURCES OF PERSONAL DATA USED ,TO THE EXTENT THE DEPLOYERRECEIVES THE NECESSARYINFORMATIONFROMTHE PAGE 11-SENATE BILL 26-189 DEVELOPER IN COMPLIANCE WITH SECTION 6-1-1702;AND (c) A N EXPLANATION OF THE CONSUMER RIGHTS DESCRIBED IN SECTION 6-1-1705AND HOW TO EXERCISE THEM .
(b) INSTRUCTIONS AND A SIMPLE-TO-FOLLOW PROCESS TO REQUEST ADDITIONAL INFORMATION ABOUT THE COVERED ADMT AND THE INPUTS, INCLUDING THE NAME OF THE COVERED A D M T, THE COVERED A D M T VERSION NUMBER, IF APPLICABLE, THE COVERED A D M T DEVELOPER, AND THE TYPES, CATEGORIES, AND SOURCES OF PERSONAL DATA USED, TO THE EXTENT THE DEPLOYER RECEIVES THE NECESSARY INFORMATION FROM THE PAGE II-SENATE BILL 26-189 DEVELOPER IN COMPLIANCE WITH SECTION 6-1-1702;
(4) (a) TEGENERALASSEMBLYFINDSTHAT THE SPECIFICCONTENT ANDFORMATOFPOST -ADVERSEOUTCOMEDISCLOSURESMAYVARYACROSS CONSEQUENTIAL DECISION DOMAINS .
AND (c) AN EXPLANATION OF THE CONSUMER RIGHTS DESCRIBED IN SECTION 6-1-1705 AND HOW TO EXERCISE THEM.
HE GENERAL ASSEMBLY INTENDS THATTHESPECIFICELEMENTSOFPOST -ADVERSEOUTCOMEDISCLOSURESBE FURTHER CLARIFIED THROUGH RULE -MAKING THAT ACCOUNTS FOR SECTOR SPECIFIC PRACTICES WHILE ENSURING THAT CONSUMERS RECEIVE MEANINGFULANDUNDERSTANDABLEINFORMATIONABOUTCONSEQUENTIAL DECISIONS.
(4) (a)THE GENERAL ASSEMBLY F_INDS THATTHE SPECIFIC CONTENT AND FORMATOFPOST-ADVERSEOUTCOME DISCLOSURES MAY VARY ACROSS CONSEQUENTIAL DECISION DOMAINS.
(b) O N OR BEFORE JANUARY 1, 2027,THE ATTORNEY GENERAL SHALL ADOPT RULES TO CLARIFY AND IMPLEMENT THE POST -ADVERSE OUTCOMEDISCLOSUREREQUIREMENTSSETFORTHINSUBSECTION (3OFTHIS SECTION.R ULESADOPTEDPURSUANTTOTHISSUBSECTION (4MAYINCLUDE , AS APPROPRIATE:
THE GENERAL ASSEMBLY INTENDS THATTHESPECIFICELEMENTSOFPOST-ADVERSEOUTCOMEDISCLOSURESBE FURTHER CLARIFIED THROUGH RULE-MAKING THAT ACCOUNTS FOR SECTOR-SPECIFIC PRACTICES WHILE ENSURING THAT CONSUMERS RECEIVE MEANINGFULAND UNDERSTANDABLE INFORMATION ABOUTCONSEQUENTIAL DECISIONS.
(I) RULES CLARIFYING THE CONTENT OF REQUIRED DISCLOSURES RELATEDTOTHETYPES SOURCES ,ORCATEGORIESOFPERSONALDATATHAT A DEPLOYER MUST PROVIDE TO A CONSUMER FOLLOWING AN ADVERSE OUTCOME INVOLVINGACOVERED ADMT PURSUANT TO SUBSECTION (3OF THIS SECTION;
(b) ON OR BEFORE JANUARY 1, 2027, THE ATTORNEY GENERAL SHALL ADOPT RULES TO CLARIFY AND IMPLEMENT THE POST-ADVERSE OUTCOMEDISCLOSURE REQUIREMENTS SETFORTH INSUBSECTION (3OFTHIS SECTION.
(II) S ECTOR-SPECIFIC GUIDANCE OR ILLUSTRATIVE EXAMPLES TAILORED TO DIFFERENT COVERED DOMAINS ;
RULES ADOPTED PURSUANTTOTHIS SUBSECTION( 4)MAY INCLUDE, AS APPROPRIATE:
(III) STANDARDS FOR DESCRIBING THE ROLE OF THE COVERED ADMT IN A CONSEQUENTIAL DECISION IN A MANNER THAT IS REASONABLY UNDERSTANDABLE TO A CONSUMER ;AND (IV) GUIDANCEADDRESSINGHOWTHEDISCLOSUREREQUIREMENTS DESCRIBEDINTHISSECTIONINTERACTWITHFEDERALORSTATE LAWSTHAT REQUIRE OR GOVERN NOTICES ,EXPLANATIONS ,OR ADVERSE OUTCOME DISCLOSURES .
(I) RULES CLARIFYING THE CONTENT OF REQUIRED DISCLOSURES RELATEDTOTHETYPES, SOURCES, ORCATEGORIES OF PERSONALDATATHAT A DEPLOYER MUST PROVIDE TO A CONSUMER FOLLOWING AN ADVERSE OUTCOME INVOLVING A COVERED A D M T PURSUANTTO SUBSECTION (3)OF THIS SECTION;
(5) NOTHING IN THIS SECTION REQUIRES A DEPLOYER TO DISCLOSE ATRADESECRETORINFORMATIONPROTECTEDFROMDISCLOSUREBYSTATE PAGE 12-SENATE BILL 26-189 OR FEDERAL LAW .IF A DEPLOYER WITHHOLDS INFORMATION PURSUANT TO THIS SUBSECTION (5)THE DEPLOYER SHALL NOTIFY THE CONSUMER .
(II) SECTOR-SPECIFIC GUIDANCE OR ILLUSTRATIVE EXAMPLES TAILORED TO DIFFERENT COVERED DOMAINS;
(6) (a) ACREDITOR,WITH RESPECT TO A CONSEQUENTIAL DECISION INVOLVING THE OFFERING ,THE DENIAL ,THE PRICING,THE SERVICING,OR OTHER MATERIAL TERMS OF CREDIT ,THAT IS REQUIRED TO PROVIDE AND THAT PROVIDES A NOTICE TO A CONSUMER PURSUANT TO THE FEDERAL "EQUAL C REDITO PPORTUNITY A CT",15U.S.C.
(III) STANDARDS FOR DESCRIBING THE ROLE OF THE COVERED A D M T IN A CONSEQUENTIAL DECISION IN A MANNER THAT IS REASONABLY UNDERSTANDABLE TO A CONSUMER;
SEC.1691 ET SEQ.AND ITS IMPLEMENTING REGULATIONS ,INCLUDING REGULATION B, 12 CFR 1002, AND ,WHEN APPLICABLE ,THE FEDERAL "FAIRC REDITR EPORTING A CT",15 U.S.C.
AND (IV) GUIDANCE ADDRESSING HOWTHE DISCLOSURE REQUIREMENTS DESCRIBED IN THIS SECTION INTERACT WITH FEDERAL OR STATE LAWS THAT REQUIRE OR GOVERN NOTICES, EXPLANATIONS, OR ADVERSE OUTCOME DISCLOSURES.
(5) NOTHING IN THIS SECTION REQUIRES A DEPLOYER TO DISCLOSE ATRADE SECRET OR INFORMATION PROTECTED FROM DISCLOSURE BY STATE PA G E 12-SENATE BILL 26-189 OR FEDERAL LAW.
IF A DEPLOYER WITHHOLDS INFORMATION PURSUANT TO THIS SUBSECTION (5), THE DEPLOYER SHALL NOTIFY THE CONSUMER.
(6) (a) A CREDITOR, WITH RESPECT TO A CONSEQUENTIAL DECISION INVOLVING THE OFFERING, THE DENIAL, THE PRICING, THE SERVICING, OR OTHER MATERIAL TERMS OF CREDIT, THAT IS REQUIRED TO PROVIDE AND THAT PROVIDES A NOTICE TO A CONSUMER PURSUANT TO THE FEDERAL "EQUAL CREDIT OPPORTUNITY ACT", 15 U.S.C.
SEC.1691 ET SEQ., AND ITS IMPLEMENTING REGULATIONS, INCLUDING REGULATION B, 12 C FR 1002, AND, WHEN APPLICABLE, THE FEDERAL "FAIR CREDIT REPORTING ACT", 15 U.S.C.
1681 ET SEQ.,COMPLIES WITH THE NOTICE OR DISCLOSURE REQUIREMENTS OF THIS SECTION THAT RELATE TO THE SAME DECISION OR ADVERSE OUTCOME IFTHENOTICE PROVIDEDTOTHE CONSUMERPURSUANT TO THE FEDERAL LAWS AND REGULATIONS DESCRIBED IN THIS SUBSECTION (6)(a)ALSO SATISFIES THE NOTICE OR DISCLOSURE REQUIREMENTS OF THIS SECTION.
1681 ET SEQ., COMPLIES WITH THE NOTICE OR DISCLOSURE REQUIREMENTS OF THIS SECTION THAT RELATE TO THE SAME DECISION OR ADVERSE OUTCOME IF THENOTICE PROVIDEDTO THE CONSUMER PURSUANT TO THE FEDERAL LAWS AND REGULATIONS DESCRIBED IN THIS SUBSECTION (6)(a) ALSO SATISFIES THE NOTICE OR DISCLOSURE REQUIREMENTS OF THIS SECTION.
(b) IF A CREDITOR COMPLIES WITH THE FEDERAL LAWS AND REGULATIONS DESCRIBED IN SUBSECTION (6)(a)OF THIS SECTION AND COMPLIES WITH SUBSECTION (6)(a)OF THIS SECTIO,THE CREDITOR IS NOT REQUIRED TO PROVIDE A SEPARATE OR DUPLICATIVE NOTICE PURSUANT TO THIS SECTION.
(b) IF A CREDITOR COMPLIES WITH THE FEDERAL LAWS AND REGULATIONS DESCRIBED IN SUBSECTION (6)(a) OF THIS SECTION AND COMPLIES WITH SUBSECTION (6)(a) OF THIS SECTION, THE CREDITOR IS NOT REQUIRED TO PROVIDE A SEPARATE OR DUPLICATIVE NOTICE PURSUANT TO THIS SECTION.
(c) N OTHING IN THIS SUBSECTION (6) SHALL BE CONSTRUED TO REQUIREACREDITORTOPROVIDEANYNOTICEORDISCLOSUREINAMANNER THAT IS PROHIBITED BY FEDERAL LAW.
(c) NOTHING IN THIS SUBSECTION (6) SHALL BE CONSTRUED TO REQUIRE ACREDITORTO PROVIDEANYNOTICEORDISCLOSURE IN A MANNER THAT IS PROHIBITED BY FEDERAL LAW.
(d) FORPURPOSESOFTHISSUBSECTION (6)ANOTICETHATCOMPLIES WITH THE FEDERAL LAWS AND REGULATIONS DESCRIBED IN SUBSECTION (6)(a)OF THIS SECTION AND COMPLIES WITH SUBSECTION (6)(a)OF THIS SECTION MAY INCLUDE A BRIEF STATEMENT INDICATING THAT A COVERED ADMT WAS USED TO MATERIALLY INFLUENCE THE CONSEQUENTIAL DECISION AND INSTRUCTIONS FOR HOW THE CONSUMER MAY OBTAIN ANY ADDITIONALINFORMATIONOREXERCISEANYRIGHTSPROVIDEDUNDERTHIS PART 17.
(d) FORPURPOSESOFTHISSUBSECTION(6),ANOTICETHATCOMPLIES WITH THE FEDERAL LAWS AND REGULATIONS DESCRIBED IN SUBSECTION (6)(a) OF THIS SECTION AND COMPLIES WITH SUBSECTION (6)(a) OF THIS SECTION MAY INCLUDE A BRIEF STATEMENT INDICATING THAT A COVERED A D M T WAS USED TO MATERIALLY INFLUENCE THE CONSEQUENTIAL DECISION AND INSTRUCTIONS FOR HOW THE CONSUMER MAY OBTAIN ANY ADDITIONAL INFORMATION OREXERCISEANY RIGHTS PROVIDED UNDERTHIS PART 17.
(7) THIS PART17 SHALL NOT BE CONSTRUED TO REQUIRE A PERSON TO MAKE A DISCLOSURE , PROVIDE AN EXPLANATION , OR FURNISH INFORMATION TO A CONSUMER TO THE EXTENT DOING SO WOULD BE PROHIBITED BY FEDERAL LAW OR WOULD COMPROMISE THE PAGE 13-SENATE BILL 26-189 CONFIDENTIALITY OR INTEGRITY OF CYBERSECURITY,FRAUD PREVENTION , ANTI-MONEYLAUNDERING COUNTER -TERRORISTFINANCING ,ORECONOMIC SANCTIONS COMPLIANCE PROGRAMS REQUIRED BY LAW .
(7) THIS PART 17 SHALL NOT BE CONSTRUED TO REQUIRE A PERSON TO MAKE A DISCLOSURE, PROVIDE AN EXPLANATION, OR FURNISH INFORMATION TO A CONSUMER TO THE EXTENT DOING SO WOULD BE PROHIBITED BY FEDERAL LAW OR WOULD COMPROMISE THE PA G E 13-SENATE BILL 26-189 CONFIDENTIALITY OR INTEGRITY OF CYBERSECURITY, FRAUD PREVENTION, ANTI-MONEY LAUNDERING, COUNTER-TERRORISTFINANCING, ORECONOMIC SANCTIONS COMPLIANCE PROGRAMS REQUIRED BYLAW.
(8) A DEPLOYER OR DEVELOPER SHALL PROVIDE THE NOTICES AND DISCLOSURESREQUIREDBYTHISPART 17INAMANNERTHATISREASONABLY ACCESSIBLE TO CONSUMERS WITH DISABILITIES AND CONSUMERS WITH LIMITEDE NGLISH PROFICIENCY,CONSISTENT WITH APPLICABLE STATE AND FEDERAL LAW .
(8) A DEPLOYER OR DEVELOPER SHALL PROVIDE THE NOTICES AND DISCLOSURES REQUIRED BYTHIS PART 17 INAMANNERTHATIS REASONABLY ACCESSIBLE TO CONSUMERS WITH DISABILITIES AND CONSUMERS WITH LIMITED ENGLISH PROFICIENCY, CONSISTENT WITH APPLICABLE STATE AND FEDERAL LAW.
(9) (a) FR A CONSEQUENTIAL DECISION RELATING TO EDUCATION, A DEPLOYER THAT IS SUBJECT TO FERPA SATISFIES THE NOTICE AND DISCLOSURE REQUIREMENTS OF THIS SECTION BY PROVIDING NOTICE AND DISCLOSURES THROUGH PROCESSES AND CHANNELS THAT ARE CONSISTENT WITH FERPA ANDTHEDEPLOYER 'SFERPA NOTICESANDSTUDENTRECORD ACCESSPROCEDURES ,INCLUDING,WHEREAPPLICABLE ,NOTICETOAPARENT OR GUARDIAN OR AN ELIGIBLE STUDENT.
(9)(a) FOR A CONSEQUENTIAL DECISION RELATING TO EDUCATION, A DEPLOYER THAT IS SUBJECT TO FERPA SATISFIES THE NOTICE AND DISCLOSURE REQUIREMENTS OF THIS SECTION BY PROVIDING NOTICE AND DISCLOSURES THROUGH PROCESSES AND CHANNELS THAT ARE CONSISTENT WITH FERPA AND THE DEPLOYER'SFER PA NOTICES AND STUDENTRECORD ACCESS PROCEDURES, INCLUDING, WHEREAPPLICABLE, NOTICETO A PARENT OR GUARDIAN OR AN ELIGIBLE STUDENT.
(b) A DEPLOYER THAT IS SUBJECT TOFERPA IS NOT REQUIRED TO ESTABLISHASEPARATEORDUPLICATIVENOTICEORDISCLOSUREPROCESSIF THE DEPLOYER HAS ESTABLISHED A NOTICE OR DISCLOSURE PROCESS TO COMPLY WITH FERPA.
(b) A DEPLOYER THAT IS SUBJECT TO FERPA IS NOT REQUIRED TO ESTABLISH ASEPARATE ORDUPLICATIVENOTICEORDISCLOSURE PROCESS IF THE DEPLOYER HAS ESTABLISHED A NOTICE OR DISCLOSURE PROCESS TO COMPLY WITH FERPA.
(1) (a) WHEN A CONSUMER EXPERIENCES AN ADVERSE OUTCOME RESULTINGFROMACONSEQUENTIALDECISIONINWHICHACOVERED ADMT MATERIALLY INFLUENCES THE CONSEQUENTIAL DECISION ,THE CONSUMER MAY REQUEST AND THE DEPLOYER SHALL PROVIDE IN RESPONSE TO THE REQUEST :
(1) (a)WHEN A CONSUMER EXPERIENCES AN ADVERSE OUTCOME RESULTING FROM ACONSEQUENTIALDECISION IN WHICH ACOVEREDA D M T MATERIALLY INFLUENCES THE CONSEQUENTIAL DECISION, THE CONSUMER MAY REQUEST AND THE DEPLOYER SHALL PROVIDE IN RESPONSE TO THE REQUEST:
(I) ISTRUCTIONS FOR REQUESTING PERSONAL DATA AND CORRECTING FACTUALLY INCORRECT OR MATERIALLY INACCURATE PERSONAL DATA USED IN A CONSEQUENTIAL DECISION THAT USED A COVERED ADMT CONSISTENT WITH SECTION 6-1-1306;AND (II) A N OPPORTUNITY FOR MEANINGFUL HUMAN REVIEW AND RECONSIDERATION OF THE CONSEQUENTIAL DECISION ,TO THE EXTENT COMMERCIALLY REASONABLE .
(I) INSTRUCTIONS FOR REQUESTING PERSONAL DATA AND CORRECTING FACTUALLY INCORRECT OR MATERIALLY INACCURATE PERSONAL DATA USED IN A CONSEQUENTIAL DECISION THAT USED A COVERED A D M T CONSISTENT WITH SECTION 6-1-1306;
PAGE 14-SENATE BILL 26-189 (b) ORTHEPURPOSESOFTHISSUBSECTION (1)THE EXCEPTIONSTO THE DEFINITION OF "CONSUMER " IN SECTION6-1-1303 (6)(b)AND THE EXCEPTIONS IN SECTION6-1-1304 (2)(k), (2)AND,(2)(o)DO NOT APPLY TO THE RIGHT TO REQUEST CORRECTION OF FACTUALLY INCORRECT OR MATERIALLYINACCURATEPERSONALDATAPURSUANTTOTHISSUBSECTION (1).
AND (II) AN OPPORTUNITY FOR MEANINGFUL HUMAN REVIEW AND RECONSIDERATION OF THE CONSEQUENTIAL DECISION, TO THE EXTENT COMMERCIALLY REASONABLE.
(c) SUBSECTION (1)(a)OF THIS SECTION DOES NOT REQUIRE CORRECTION OF OPINIONS, PREDICTIONS, SCORES , OR PROTECTED EVALUATIONS .
PA G E 14-SENATE B ILL 26-189 (b) FORTHE PURPOSES OFTHIS SUBSECTION (1), THE EXCEPTIONS TO THE DEFINITION OF "CONSUMER" IN SECTION 6-1-1303 (6)(b) AND THE EXCEPTIONS IN SECTION 6-1-1304 (2)(k), (2)(n), AND (2)(o) DO NOT APPLY TO THE RIGHT TO REQUEST CORRECTION OF FACTUALLY INCORRECT OR MATERIALLY INACCURATEPERSONAL DATA PURSUANTTOTHIS SUBSECTION (1).
(2) (a) FR A CONSEQUENTIAL DECISION RELATING TO EDUCATIO, A DEPLOYER THAT IS SUBJECT TO FERPA COMPLIES WITH THE REQUIREMENTS OF SUBSECTION (1)OF THIS SECTION THROUGH THE DEPLOYER S EXISTING STUDENT RECORD INSPECTION , REVIEW, AND AMENDMENT PROCEDURES AND ANY APPLICABLE DISTRICT COMPLAINT OR APPEALPROCESS ,IFTHEDEPLOYEROFFERSAREASONABLEMECHANISMFOR A PARENT,GUARDIAN ,OR ELIGIBLE STUDENT TO REQUEST CORRECTION OF MATERIALLYINACCURATEPERSONALDATAANDRECONSIDERATIONWHERE APPLICABLE UNDER THIS PART17.
(c) SUBSECTION (l)(a)OF THIS SECTION DOES NOT REQUIRE CORRECTION OF OPINIONS, PREDICTIONS, SCORES, OR PROTECTED EVALUATIONS.
(b) A DEPLOYER THAT IS SUBJECT TFERPA IS NOT REQUIRED TO ESTABLISH A SEPARATE OR DUPLICATIVE CORRECTION OR HUMAN REVIEW AND RECONSIDERATION PROCESS IF THE DEPLOYER HAS ESTABLISHED A CORRECTION OR HUMAN REVIEW AND RECONSIDERATION PROCESS TO COMPLY WITH FERPA.
(2) (a) FOR A CONSEQUENTIAL DECISION RELATING TO EDUCATION, A DEPLOYER THAT IS SUBJECT TO FERPA COMPLIES WITH THE REQUIREMENTS OF SUBSECTION ( 1) OF THIS SECTION THROUGH THE DEPLOYER'S EXISTING STUDENT RECORD INSPECTION, REVIEW, AND AMENDMENT PROCEDURES AND ANY APPLICABLE DISTRICT COMPLAINT OR APPEAL PROCESS, IFTHE DEPLOYEROFFERS A REASONABLE MECHANISM FOR A PARENT, GUARDIAN, OR ELIGIBLE STUDENT TO REQUEST CORRECTION OF MATERIALLY INACCURATE PERSONAL DATA AND RECONSIDERATION WHERE APPLICABLE UNDER THIS PART 17.
(3) O N OR BEFORE JANUARY 1, 2027,THE ATTORNEY GENERAL SHALL ADOPT RULES TO CLARIFY AND IMPLEMENT THE REQUIREMENTS OF THIS SECTION 6-1-1706.
(b) A DEPLOYER THAT IS SUBJECT TO FERPA IS NOT REQUIRED TO ESTABLISH A SEPARATE OR DUPLICATIVE CORRECTION OR HUMAN REVIEW AND RECONSIDERATION PROCESS IF THE DEPLOYER HAS ESTABLISHED A CORRECTION OR HUMAN REVIEW AND RECONSIDERATION PROCESS TO COMPLY WITH FERPA.
Enforcementbytheattorneygeneral-deceptivetrade practice - right to cure - no private right of action - joinder rules - reporting - repeal.
(3) ON OR BEFORE JANUARY 1, 2027, THE ATTORNEY GENERAL SHALL ADOPT RULES TO CLARIFY AND IMPLEMENT THE REQUIREMENTS OF THIS SECTION.
(1) (a) THE ATTORNEY GENERAL SHALL ENFORCE THIS PART 17 THROUGHTHE "C OLORADO C ONSUMER PROTECTION A CT",THISARTICLE1.
6-1-1706.
(b) VIOLATIONSOFTHEDISCLOSUREREQUIREMENTSANDCONSUMER RIGHTS DESCRIBED IN SECTIONS 6-1-1702, 6-1-1703, 6-1-1704,AND PAGE 15-SENATE BILL 26-189 6-1-1705 ARE ENFORCEABLE EXCLUSIVELY BY THE ATTORNEY GENERAL WITHOUT REGARD TO ANY OTHER PROVISION IN THIS TITLE.
Enforcementbythe attorneygeneral-deceptivetrade practice - right to cure - no private right of action - joinder rules - reporting - repeal.
(2) (a) A VIOLATION OF THIS PART 17 IS A DECEPTIVE TRADE PRACTICE AND IS SUBJECT TO THE PROVISIONS OF THE "COLORADO CONSUMER PROTECTION ACT",THIS ARTICLE1.
(1) (a) THE ATTORNEY GENERAL SHALL ENFORCE THIS PART 17 THROUGH THE "COLORADO CONSUMERPROTECTION ACT", THIS ARTICLE 1.
(b) ANY PROVISION OF THE "COLORADO C ONSUMER PROTECTION A CT",THIS ARTICLE 1,THAT IS INCONSISTENT WITH THE EXCLUSIVE ENFORCEMENT AUTHORITY GRANTED TO THE ATTORNEY GENERAL IN THIS SECTION FOR A VIOLATION OF THIS PART7DOES NOT APPLY TO ANY SUCH VIOLATION.
(b) VIOLATIONS OFTHEDISCLOSUREREQUIREMENTS ANDCONSUMER RIGHTS DESCRIBED IN SECTIONS 6-1-1702, 6-1-1703, 6-1-1704, AND PA G E 15-SENATE BILL 26-189 6-1-1705 ARE ENFORCEABLE EXCLUSIVELY BY THE ATTORNEY GENERAL WITHOUT REGARD TO ANY OTHER PROVISION IN THIS TITLE 6.
(3) (a) PIOR TO ANY ENFORCEMENT ACTION FOR A VIOLATION OF THISPART 17,THEATTORNEYGENERALSHALLISSUEANOTICEOFVIOLATION TO A DEVELOPER OR DEPLOYER IF A CURE IS DEEMED POSSIBLE BY THE ATTORNEY GENERAL .
(2) (a) A VIOLATION OF THIS PART 17 IS A DECEPTIVE TRADE PRACTICE AND IS SUBJECT TO THE PROVISIONS OF THE "COLORADO CONSUMER PROTECTION ACT", THIS ARTICLE 1.
(b) IF THE DEVELOPER OR DEPLOYER FAILS TO CURE A VIOLATION WITHIN SIXTY DAYS AFTER RECEIPT OF A NOTICE OF VIOLATION ,THE ATTORNEY GENERAL MAY BRING AN ACTION PURSUANT TO THIS SECTION .
(b) ANY PROVISION OF THE "COLORADO CONSUMER PROTECTION ACT", THIS ARTICLE 1, THAT IS INCONSISTENT WITH THE EXCLUSIVE ENFORCEMENT AUTHORITY GRANTED TO THE ATTORNEY GENERAL IN THIS SECTION FOR A VIOLATION OF THIS PART 17 DOES NOT APPLY TO ANY SUCH VIOLATION.
(c) ITHEATTORNEYGENERALFINDSANDCANDEMONSTRATETHAT A DEVELOPER OR DEPLOYER KNOWINGLY VIOLATED THIS PART 17 OR A DEVELOPER OR DEPLOYER REPEATEDLY VIOLATED THIS PART 17,THE ATTORNEY GENERAL IS NOT REQUIRED TO PROVIDE A CURE PERIOD BEFORE SEEKING PENALTIES OR OTHER RELIEF (d) IF A VIOLATION IS DISCOVERED IN THE COURSE OF AN ENFORCEMENT ACTION ,A COURT MAY CONSIDER THAT A DEVELOPER OR DEPLOYER CURED THE VIOLATION WITHIN SIXTY DAYS AFTER RECEIPT OF WRITTENNOTICEASAMITIGATINGFACTORINDETERMININGCIVILPENALTIES OR OTHER MONETARY RELIEF ,IF ANY.
(3)(a) PRIOR TO ANY ENFORCEMENT ACTION FOR A VIOLATION OF THIS PART 17,THEATTORNEYGENERALSHALLISSUEANOTICEOFVIOLATION TO A DEVELOPER OR DEPLOYER IF A CURE IS DEEMED POSSIBLE BY THE ATTORNEY GENERAL.
(e) BEGINNING IN JANUARY 2028,AND IN JANUARY EVERY YEAR THEREAFTER ,THE ATTORNEY GENERAL SHALL INCLUDE , AS PART OF THE DEPARTMENTOFLAW 'SPRESENTATIONDURINGITS "SMARTA CT"HEARING REQUIRED BY SECTION 2-7-203,A REPORT CONCERNING ENFORCEMENT ACTIONSBROUGHTANDCUREPERIODSOFFEREDBYTHEATTORNEYGENERAL RELATED TO VIOLATIONS OF THIS PART17,INCLUDING:
(b) IF THE DEVELOPER OR DEPLOYER FAILS TO CURE A VIOLATION WITHIN SIXTY DAYS AFTER RECEIPT OF A NOTICE OF VIOLATION, THE ATTORNEY GENERAL MAY BRING AN ACTION PURSUANT TO THIS SECTION.
PAGE 16-SENATE BILL 26-189 (I) THE NUMBER OF ACTIONS FILED BY THE ATTORNEY GENERAL AGAINST DEVELOPERS AND DEPLOYERS ,RESPECTIVELY ;
(C)IFTHE ATTORNEY GENERAL FINDS AND CAN DEMONSTRATETHAT A DEVELOPER OR DEPLOYER KNOWINGLY VIOLATED THIS PART 17 OR A DEVELOPER OR DEPLOYER REPEATEDLY VIOLATED THIS PART 17, THE ATTORNEY GENERAL IS NOT REQUIRED TO PROVIDE A CURE PERIOD BEFORE SEEKING PENALTIES OR OTHER RELIEF.
(II) THE NUMBER OF ACTIONS FILED BY THE ATTORNEY GENERAL AGAINST DEVELOPERS AND DEPLOYERS , RESPECTIVELY , THAT WERE COMPLETED ;
(d) IF A VIOLATION IS DISCOVERED IN THE COURSE OF AN ENFORCEMENT ACTION, A COURT MAY CONSIDER THAT A DEVELOPER OR DEPLOYER CURED THE VIOLATION WITHIN SIXTY DAYS AFTER RECEIPT OF WRITTENNOTICEAS AMITIGATING FACTORIN DETERMININGCIVILPENALTIES OR OTHER MONETARY RELIEF, IF ANY.
(III) TE NUMBER OF CURE PERIODS OFFERED BY THE ATTORNEY GENERAL TO DEVELOPERS AND DEPLOYERS ,RESPECTIVELY;
(e) BEGINNING IN JANUARY 2028, AND IN JANUARY EVERY YEAR THEREAFTER, THE ATTORNEY GENERAL SHALL INCLUDE, AS PART OF THE DEPARTMENTOFLAW SPRESENTATIONDURINGITS SM ARTACT HEARING 11 REQUIRED BY SECTION 2-7-203, A REPORT CONCERNING ENFORCEMENT ACTIONS BROUGHTANDCUREPERIODSOFFERED BYTHE ATTORNEY GENERAL RELATED TO VIOLATIONS OF THIS PART 17, INCLUDING:
(IV) THE NUMBER OF CURE PERIODS OFFERED BY THE ATTORNEY GENERAL THAT WERE NOT MET BY DEVELOPERS AND DEPLOYERS , RESPECTIVELY ;AND (V) THENUMBEROFVIOLATIONSFILEDBYTHEATTORNEYGENERAL AGAINST DEVELOPERS AND DEPLOYERS ,RESPECTIVELY ,WHERE A CURE PERIOD WAS NOT DEEMED POSSIBLE.
PA G E 16-SENATE BILL 26-189 (I) THE NUMBER OF ACTIONS FILED BY THE ATTORNEY GENERAL AGAINST DEVELOPERS AND DEPLOYERS, RESPECTIVELY;
(f) TISSUBSECTION (3)IS REPEALED,EFFECTIVEJANUARY 1,2030.
(II) THE NUMBER OF ACTIONS FILED BY THE ATTORNEY GENERAL AGAINST DEVELOPERS AND DEPLOYERS, RESPECTIVELY, THAT WERE COMPLETED;
(4) NOTHING IN THIS PART17 CREATES A NEW PRIVATE RIGHT OF ACTION.N OTHINGINTHISPART 17 LIMITSORREDUCESANYEXISTINGRIGHTS OR REMEDIES AVAILABLE UNDER STATE OR FEDERAL LAW ,INCLUDING THE "COLORADO A NTIDISCRIMINATION A CT",PARTS3 TO 8OF ARTICLE 34OF TITLE24;THE "COLORADO CONSUMER PROTECTION ACT",THIS ARTICLE1;
(III) THE NUMBER OF CURE PERIODS OFFERED BY THE ATTORNEY GENERAL TO DEVELOPERS AND DEPLOYERS, RESPECTIVELY;
PRODUCT LIABILITY LAW;OR OTHER APPLICABLE LAW .
(IV) THE NUMBER OF CURE PERIODS OFFERED BY THE ATTORNEY GENERAL THAT WERE NOT MET BY DEVELOPERS AND DEPLOYERS, RESPECTIVELY;
(5) (a) TE ATTORNEY GENERAL MAY ADOPT RULES AS NECESSARY TO IMPLEMENT AND CLARIFY THIS PART17.
AND (V) THE NUMBER OF VIOLATIONS FILED BYTHE ATTORNEY GENERAL AGAINST DEVELOPERS AND DEPLOYERS, RESPECTIVELY, WHERE A CURE PERIOD WAS NOT DEEMED POSSIBLE.
(b) THE ATTORNEY GENERAL MAY ADOPT RULES TO CLARIFY THE APPLICATIONOFTHEDEFINITIONOF "MATERIALLYINFLUENCE ",ASDEFINED IN SECTION 6-1-1701 (13),INCLUDING PRESUMPTIONS ,ILLUSTRATIVE EXAMPLES ,AND OBJECTIVE INDICATORS.
(f)THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JANUARY 1, 2030.
(c) I ADOPTING RULESPURSUANT TOTHIS PART 17,THE ATTORNEY GENERAL SHALL UTILIZE A PROCESS THAT MEANINGFULLY ENGAGES STAKEHOLDERS , INCLUDING CONSUMER ADVOCATES , DEPLOYERS , DEVELOPERS , AND SECTOR REGULATORS ,THROUGH PUBLIC NOTICE , OPPORTUNITYFORWRITTENCOMMENT ANDATLEASTONEPUBLICHEARING PAGE 17-SENATE BILL 26-189 AND SHALL ADOPT RULES IN ACCORDANCE WITH SECTION 24-4-103.
(4) NOTHING IN THIS PART 17 CREATES A NEW PRIVATE RIGHT OF ACTION.NOTHING INTHIS PART 17 LIMITS ORREDUCES ANY EXISTING RIGHTS OR REMEDIES AVAILABLE UNDER STATE OR FEDERAL LAW, INCLUDING THE "COLORADO ANTI-DISCRIMINATION ACT", PARTS 3 TO 8 OF ARTICLE 34 OF TITLE 24;
(6) N OTHING IN THIS PART17 LIMITS THE ABILITY OF A PARTY TO JOIN NECESSARY OR PERMISSIVE PARTIES UNDER THE COLORADO RULES OF CIVIL PROCEDURE ,INCLUDING RULES 19 AND 20 OF THEC OLORADO RULES OF CIVIL PROCEDURE,IN ANY ACTION ARISING UNDER EXISTING LAW .
THE "COLORADO CONSUMER PROTECTION ACT", THIS ARTICLE 1;
PRODUCT LIABILITY LAW;
OR OTHER APPLICABLE LAW.
(5) (a)THE ATTORNEY GENERAL MAY ADOPT RULES AS NECESSARY TO IMPLEMENT AND CLARIFY THIS PART 17.
(b) THE ATTORNEY GENERAL MAY ADOPT RULES TO CLARIFY THE APPLICATION OFTHE DEFINITION OF "MATERIALLY INFLUENCE", AS DEFINED IN SECTION 6-1-1701 (13),INCLUDING PRESUMPTIONS, ILLUSTRATIVE EXAMPLES, AND OBJECTIVE INDICATORS.
(c) IN ADOPTING RULES PURSUANTTO THIS PART 17, THE ATTORNEY GENERAL SHALL UTILIZE A PROCESS THAT MEANINGFULLY ENGAGES STAKEHOLDERS, INCLUDING CONSUMER ADVOCATES, DEPLOYERS, DEVELOPERS, AND SECTOR REGULATORS, THROUGH PUBLIC NOTICE, OPPORTUNITY FOR WRITTEN COMMENT, AND AT LEASTONE PUBLIC HEARING PA G E 17-SENATE BILL 26-189 AND SHALL ADOPT RULES IN ACCORDANCE WITH SECTION 24-4-103.
(6) NOTHING IN THIS PART 17 LIMITS THE ABILITY OF A PARTY TO JOIN NECESSARY OR PERMISSIVE PARTIES UNDER THE COLORADO RULES OF CIVIL PROCEDURE, INCLUDING RULES 19 AND 20 OF THE COLORADO RULES OF CIVIL PROCEDURE, IN ANY ACTION ARISING UNDER EXISTING LAW.
(1) A DEVELOPER OR DEPLOYER MAY BE HELD LIABLE IN AN ACTION ALLEGINGUNLAWFULDISCRIMINATIONUNDERSTATEANTI -DISCRIMINATION LAWS ,INCLUDINGTHE "C OLORADO ANTI-DISCRIMINATION ACT",PARTS 3TO OF ARTICLE34 OF TITLE 24,ARISING FROM A CONSEQUENTIAL DECISION MATERIALLY INFLUENCED BY A COVERED ADMT.
(1) A DEVELOPER OR DEPLOYER MAY BE HELD LIABLE IN AN ACTION ALLEGING UNLAWFULDISCRIMINATION UNDERSTATEANTI-DISCRIMINATION LAWS, INCLUDINGTHE "COLORADOANTI-DISCRIMINATIONACT", PARTS 3 TO OF ARTICLE 34 OF TITLE 24, ARISING FROM A CONSEQUENTIAL DECISION MATERIALLY INFLUENCED BY A COVERED A D M T.
(2) IN AN ACTION DESCRIBED IN SUBSECTION (1)OF THIS SECTION, FAULT SHALL BE ALLOCATED AMONG DEPLOYERS AND DEVELOPERS BASED ON THEIR RELATIVE FAULT FOR THE VIOLATION.
(2) IN AN ACTION DESCRIBED IN SUBSECTION ( 1) OF THIS SECTION, FAULT SHALL BE ALLOCATED AMONG DEPLOYERS AND DEVELOPERS BASED ON THEIR RELATIVE FAULT FOR THE VIOLATION.
(3) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO APPORTION LIABILITY TO A CLAIMANT WHERE SUCH APPORTIONMENT IS NOT PROVIDED FOR UNDER EXISTING LAW .
(3) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO APPORTION LIABILITY TO A CLAIMANT WHERE SUCH APPORTIONMENT IS NOT PROVIDED FOR UNDER EXISTING LAW.
(4) N OTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE JOINT AND SEVERAL LIABILITY,EXCEPT TO THE EXTENT PERMITTED UNDER EXISTING LAW .
(4) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE JOINT AND SEVERAL LIABILITY, EXCEPT TO THE EXTENT PERMITTED UNDER EXISTING LAW.
(5) (a) A DEVELOPER IS LIABLE IN AN ACTION DESCRIBED IN SUBSECTION (1)OF THIS SECTION ONLY TO THE EXTENT THAT :
(5) (a) A DEVELOPER IS LIABLE IN AN ACTION DESCRIBED IN SUBSECTION ( 1) OF THIS SECTION ONLY TO THE EXTENT THAT:
(I) THEDEVELOPER SCOVERED ADMT WASUSEDBYADEPLOYERIN A MANNER THAT WAS INTENDED , DOCUMENTED ,MARKETED ,ADVERTISED , CONFIGURED ,OR CONTRACTED FOR BY THE DEVELOPER ;AND (II) THE DEVELOPER S COVERED ADMT MATERIALLY INFLUENCED A CONSEQUENTIAL DECISION THAT GAVE RISE TO THE VIOLATION OF EXISTING LAW .
(I)THE DEVELOPER'S COVEREDA D M T WAS USED BY A DEPLOYERIN A MANNER THAT WAS INTENDED, DOCUMENTED, MARKETED, ADVERTISED, CONFIGURED, OR CONTRACTED FOR BY THE DEVELOPER;
(b) A DEVELOPER IS NOT LIABLE UNDER THIS SECTION FOR PAGE 18-SENATE BILL 26-189 VIOLATIONS OF EXISTING LAW ARISING FROM A DEPLOYER 'S USE OF A COVERED ADMT IN A MANNER THAT WAS NOT INTENDED, DOCUMENTED , MARKETED , ADVERTISED, CONFIGURED ,OR CONTRACTED FOR BY THE DEVELOPER .
AND (II)THE DEVELOPER'S COVERED A D M T MATERIALLY INFLUENCED A CONSEQUENTIAL DECISION THAT GAVE RISE TO THE VIOLATION OF EXISTING LAW.
(6) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY OF A DEPLOYER FOR THE DEPLOYERS INDEPENDENT ACTS OR OMISSIONS IN A CONSEQUENTIAL DECISION MATERIALLY INFLUENCED BY A COVERED ADMT, INCLUDINGUSINGAN ADMT INAMANNERTHATWASNOT INTENDED, DOCUMENTED , MARKETED , ADVERTISED, CONFIGURED ,OR CONTRACTED FOR BY THE DEVELOPER IF THE DEVELOPER OF THE COVERED ADMT COMPLIED WITH SECTION6-1-1702.
(b) A DEVELOPER IS NOT LIABLE UNDER THIS SECTION FOR PA G E 18-SENAT E BILL 26-189 VIOLATIONS OF EXISTING LAW ARISING FROM A DEPLOYER'S USE OF A COVERED A D M T IN A MANNER THAT WAS NOT INTENDED, DOCUMENTED, MARKETED, ADVERTISED, CONFIGURED, OR CONTRACTED FOR BY THE DEVELOPER.
(7) (a) NOTWITHSTANDING ANY OTHER PROVISION OF LAW ,IF A PROVISIONOFACONTRACT FORTHE USE OFAUTOMATEDDECISION -MAKING TECHNOLOGY IN MAKING A CONSEQUENTIAL DECISION OR ANY OTHER CONTRACTBETWEENADEVELOPERANDDEPLOYERPURPORTSTOINDEMNIFY , DEFEND ,OR HOLD HARMLESS OR HAS THE EFFECT OF INDEMNIFYING , DEFENDING,ORHOLDINGHARMLESSTHEINDEMNITEEFROMORAGAINSTANY LIABILITYFOR DAMAGES PURSUANT TO THIS SECTION RESULTING FROMTHE DEVELOPER SORDEPLOYER SOWNACTSOROMISSIONSRELATEDTOTHEUSE OF AUTOMATED DECISION-MAKING TECHNOLOGY IN MAKING CONSEQUENTIAL DECISIONS IN VIOLATION OF THE "COLORADO A NT-DISCRIMINATIONA CT",PARTS3 TO 8OF ARTICLE34 OF TITL24,OR OTHER COLORADOANTI -DISCRIMINATIONLAW THEPROVISIONISCONTRARY TO PUBLIC POLICY AND VOID (b) TELIMITATIONSOFSUBSECTION (7)(aOFTHISSECTIONDONOT APPLYTOADEVELOPERWHERETHEUSEOFTHECOVERED ADMT INMAKING ACONSEQUENTIALDECISIONWASNOTINTENDED ,DOCUMENTED ,MARKETED , ADVERTISED,CONFIGURED ,ORCONTRACTEDFORBYTHEDEVELOPERIFTHE DEVELOPER OF THE COVERED ADMT COMPLIED WITH SECTION6-1-1702.
(6) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY OF A DEPLOYER FOR THE DEPLOYER'S INDEPENDENT ACTS OR OMISSIONS IN A CONSEQUENTIAL DECISION MATERIALLY INFLUENCED BY A COVEREDADMT,INCLUDINGUSINGANADMTINAMANNERTHATWASNOT INTENDED, DOCUMENTED, MARKETED, ADVERTISED, CONFIGURED, OR CONTRACTED FOR BY THE DEVELOPER IF THE DEVELOPER OF THE COVERED A D M T COMPLIED WITH SECTION 6-1-1702.
(c) THIS SUBSECTION (7)DOES NOT OTHERWISE LIMIT THE ENFORCEABILITY OF CONTRACT TERMS BETWEEN PARTIES ACTING IN A COMMERCIAL OR BUSINESS CAPACITY,EXCEPT TO THE EXTENT OTHERWISE PROVIDED BY APPLICABLE LAW.
(7) (a) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF A PROVISION OF A CONTRACT FORTHE USE OF AUTOMATED DECISION-MAKING TECHNOLOGY IN MAKING A CONSEQUENTIAL DECISION OR ANY OTHER CONTRACTBETWEENADEVELOPERAND DEPLOYERPURPORTSTO INDEMNIFY, DEFEND, OR HOLD HARMLESS OR HAS THE EFFECT OF INDEMNIFYING, DEFENDING, ORHOLDING HARMLESS THEINDEMNITEE FROM ORAGAINSTANY LIABILITY FOR DAMAGES PURSUANTTO THIS SECTION RESULTING FROM THE DEVELOPER'S OR DEPLOYER'S OWN ACTS OROMISSIONS RELATEDTOTHE USE OF AUTOMATED DECISION-MAKING TECHNOLOGY IN MAKING CONSEQUENTIAL DECISIONS IN VIOLATION OF THE "COLORADO ANTI-DISCRIMINATION ACT", PARTS 3 TO 8 OF ARTICLE 34 OF TITLE 24, OR OTHERCOLORADOANTI-DISCRIMINATION LAW,THE PROVISION ISCONTRARY TO PUBLIC POLICY AND VOID.
(d) THIS SUBSECTIO(7)DOES NOT PROHIBIT OR LIMIT ANY PERSON FROMOBTAININGORMAKING ACLAIMONAPPLICABLE INSURANCE FORANY PAGE 19-SENATE BILL 26-189 APPLICABLE ALLEGED LIABILITIES OR RELATED LOSSE.
(b)THE LIMITATIONS OFSUBSECTION (7)(a) OFTHIS SECTION DO NOT APPLYTOA DEVELOPERWHERETHE USE OFTHECOVEREDA D M T IN MAKING ACONSEQUENTIALDECISION WASNOT INTENDED, DOCUMENTED, MARKETED, ADVERTISED, CONFIGURED, ORCONTRACTED FOR BYTHE DEVELOPER IF THE DEVELOPER OF THE COVERED A D M T COMPLIED WITH SECTION 6-1-1702.
(8) N OTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT , DISPLACE,OR OTHERWISE AFFECT ANY LIABILITY THAT A DEVELOPER OR A DEPLOYER MAY HAVE ,SEPARATE AND APART FROM LIABILITY UNDER THIS SECTION, FOR A VIOLATION OF STATE LAW .
(C) THIS SUBSECTION (7) DOES NOT OTHERWISE LIMIT THE ENFORCEABILITY OF CONTRACT TERMS BETWEEN PARTIES ACTING IN A COMMERCIAL OR BUSINESS CAPACITY, EXCEPT TO THE EXTENT OTHERWISE PROVIDED BY APPLICABLE LAW.
COMPLIANCE WITH THE REQUIREMENTS OF THIS PART 17 IS NOT A DEFENSE TO AND DOES NOT OTHERWISE EXCUSE NONCOMPLIANCE WITH ANY APPLICABLE LAW .
(d) THIS SUBSECTION (7) DOES NOT PROHIBIT OR LIMIT ANY PERSON FROM OBTAINING OR MAKING A CLAIM ON APPLICABLE INSURANCE FORANY PA G E 19-SENATE BILL 26-189 APPLICABLE ALLEGED LIABILITIES OR RELATED LOSSES.
(9) THEUSEOFAN ADMT INACONSEQUENTIALDECISIONDOESNOT EXCUSE ,JUSTIFYORPROVIDEADEFENSETOANYOBLIGATIONORLIABILITY UNDER STATE OR FEDERAL LAW ,INCLUDING OBLIGATIONS AND LIABILITY RELATED TO DISCRIMINATION OR CONSUMER PROTECTION .
(8) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, DISPLACE, OR OTHERWISE AFFECT ANY LIABILITY THAT A DEVELOPER OR A DEPLOYER MAY HAVE, SEPARATE AND APART FROM LIABILITY UNDER THIS SECTION, FOR A VIOLATION OF STATE LAW.
COMPLIANCE WITH THE REQUIREMENTS OF THIS PART 17 IS NOT A DEFENSE TO AND DOES NOT OTHERWISE EXCUSE NONCOMPLIANCE WITH ANY APPLICABLE LAW.
(9) THE USE OFAN A D M T IN ACONSEQUENTIAL DECISION DOES NOT EXCUSE, JUSTIFY, ORPROVIDEA DEFENSETO ANY OBLIGATION OR LIABILITY UNDER STATE OR FEDERAL LAW, INCLUDING OBLIGATIONS AND LIABILITY RELATED TO DISCRIMINATION OR CONSUMER PROTECTION.
(1) (a) AN INSURER, AS DEFINED IN SECTION10-1-102 (13),AND AFFILIATEDENTITIESTHATARESUBJECTTOTHEREQUIREMENTSOFSECTION 10-3-1104.9 ARE IN COMPLIANCE WITH THIS PART17 IN THE PRACTICE OF INSURANCE .
(1) (a) AN INSURER, AS DEFINED IN SECTION 10-1-102 (13), AND AFFILIATED ENTITIESTHATARE SUBJECTTOTHE REQUIREMENTS OF SECTION 10-3-1104.9 ARE IN COMPLIANCE WITH THIS PART 17 IN THE PRACTICE OF INSURANCE.
(b) IF AN INSURER IS NOT DEEMED IN COMPLIANCE PURSUANT TO SUBSECTION (1)(a)OF THIS SECTIO,THE INSURER SHALL PROVIDE NOTICE AND DISCLOSURE OF ITS USE OF A COVERED ADMT IN MATERIALLY INFLUENCING A CONSEQUENTIAL DECISION REGARDING THE PRACTICE OF INSURANCE PURSUANT TO THE DISCLOSURE REQUIREMENTS OF SECTION 6-1-1704 (3)TO THE EXTENT APPLICABLE .
(b) IF AN INSURER IS NOT DEEMED IN COMPLIANCE PURSUANT TO SUBSECTION (l)(aOF THIS SECTION, THE INSURER SHALL PROVIDE NOTICE AND DISCLOSURE OF ITS USE OF A COVERED ADMT IN MATERIALLY INFLUENCING A CONSEQUENTIAL DECISION REGARDING THE PRACTICE OF INSURANCE PURSUANT TO THE DISCLOSURE REQUIREMENTS OF SECTION 6-1-1704 (3), TO THE EXTENT APPLICABLE.
(2) THIS SECTION DOES NOT LIMIT THE APPLICABILITY OF THIS PART TO USES OF COVERED ADMT RELATED TO INSURER EMPLOYMENT OR INSURER EMPLOYMENT OPPORTUNITIES BY INSURERS AND AFFILIATED ENTITIES THAT ARE SUBJECT TO THE REQUIREMENTS OF SECTION 10-3-1104.9.
(2) THIS SECTION DOES NOT LIMIT THE APPLICABILITY OF THIS PART TO USES OF COVERED A D M T RELATED TO INSURER EMPLOYMENT OR INSURER EMPLOYMENT OPPORTUNITIES BY INSURERS AND AFFILIATED ENTITIES THAT ARE SUBJECT TO THE REQUIREMENTS OF SECTION 10-3-1104.9.
(3)(a) SCTIONS 6-1-1701,6-1-1702,6-1-1703,6-1-1704,6-1-1705, AND 6-1-1706 DO NOT APPLY TO A COVERED ENTITY WITHIN THE MEANING OFTHEFEDERAL "H EALTH INSURANCE PORTABILITYAND A CCOUNTABILITY A CT OF1996",42U.S.C.
(3)(a) SECTIONS 6-1-1701, 6-1-1702, 6-1-1703, 6-1-1704, 6-1-1705, AND 6-1-1706 DO NOT APPLY TO A COVERED ENTITY WITHIN THE MEANING OFTHE FEDERAL "HEALTH INSURANCEPORTABILITY AND ACCOUNTABILITY ACT OF 1996", 42 U.S.C.
1320dTO 1320d-9, AND THE REGULATIONS PROMULGATEDUNDERTHEFEDERALACT ,ORACOVEREDENTITY SBUSINESS PAGE 20-SENATE BILL 26-189 ASSOCIATES FOR ANY SERVICES RENDERED TO A COVERED ENTITY,TO THE EXTENTTHECOVEREDENTITYISDOINGBUSINESSIN C OLORADO ,EXCEPTFOR ACONSEQUENTIALDECISIONRELATEDTOEMPLOYMENTORANEMPLOYMENT OPPORTUNITY .
1320d TO 1320d-9, AND THE REGULATIONS PROMULGATEDUNDERTHE FEDERALACT, ORA COVERED ENTITY'S BUSINESS PA G E 20-SENATE BILL 26-189 ASSOCIATES FOR ANY SERVICES RENDERED TO A COVERED ENTITY, TO THE EXTENTTHECOVEREDENTITY IS DOING BUSINESS IN COLORADO, EXCEPTFOR ACONSEQUENTIALDECISION RELATEDTOEMPLOYMENTORAN EMPLOYMENT OPPORTUNITY.
(b) NOTWITHSTANDING SUBSECTION (3)(a)OF THIS SECTIO,FOR A COVEREDENTITYTHATISAHEALTH -CAREPROVIDER ,ASDEFINEDIN 45CFR 160.103,THISSUBSECTION(3)APPLIESONLYIFTHEHEALTH -CAREPROVIDER IS OPERATING FROM A LOCATION WITHINCOLORADO .
(b) NOTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, FOR A COVERED ENTITYTHATIS A HEALTH-CARE PROVIDER, AS DEFINED IN45 CFR 160.103,THIS SUBSECTION (3) APPLIES ONLY IFTHEHEALTH-CAREPROVIDER IS OPERATING FROM A LOCATION WITHIN COLORADO.
(c) ACOVERED ENTITY SHALL PROVIDE PATIENTS WITH A GENERAL NOTICE OF USE OF ADVANCED TECHNOLOGIES , INCLUDING A COVERED ADMT.
(c) A COVERED ENTITY SHALL PROVIDE PATIENTS WITH A GENERAL NOTICE OF USE OF ADVANCED TECHNOLOGIES, INCLUDING A COVERED ADM T.
T HE NOTICE MAY BE INCORPORATED WITH OTHER NOTICES DESCRIBING PATIENT RIGHTS AND HOW THE COVERED ENTITY PROVIDES CARE .
THE NOTICE MAY BE INCORPORATED WITH OTHER NOTICES DESCRIBING PATIENT RIGHTS AND HOW THE COVERED ENTITY PROVIDES CARE.
(d) N OTWITHSTANDING SUBSECTION (3)(a)OF THIS SECTION,A COVEREDENTITYTHATUSESACOVERED ADMT TODETERMINEAPATIENT 'S ELIGIBILITY FOR FINANCIAL ASSISTANCENCLUDING DISCOUNTED CARE AS DESCRIBED IN SECTION 25.5-3-502,SHALL PROVIDE A PATIENT THE FOLLOWING DISCLOSURES :
(d) NOTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, A COVEREDENTITYTHAT USES ACOVEREDADM TTO DETERMINEAPATIENT'S ELIGIBILITY FOR FINANCIAL ASSISTANCE, INCLUDING DISCOUNTED CARE AS DESCRIBED IN SECTION 25.5-3-502, SHALL PROVIDE A PATIENT THE FOLLOWING DISCLOSURES:
(I) A PLAIN LANGUAGE DESCRIPTION OF THE CONSEQUENTIAL DECISION AND THE ROLE OF THE COVEREDADMT IN THE CONSEQUENTIAL DECISION;
(I) A PLAIN LANGUAGE DESCRIPTION OF THE CONSEQUENTIAL DECISION AND THE ROLE OF THE COVERED A D M T IN THE CONSEQUENTIAL DECISION;
(II) THE TYPES OF INFORMATION ABOUT THE INDIVIDUAL THE COVERED ENTITY RELIED UPON IN MAKING ITS DETERMINATION OF ELIGIBILITYEXCEPT FOR TRADE SECRETS AND OTHER CONFIDENTIAL OR LEGALLY PROTECTED INFORMATION ;
(II) THE TYPES OF INFORMATION ABOUT THE INDIVIDUAL THE COVERED ENTITY RELIED UPON IN MAKING ITS DETERMINATION OF ELIGIBILITY, EXCEPT FOR TRADE SECRETS AND OTHER CONFIDENTIAL OR LEGALLY PROTECTED INFORMATION;
(III) IFORMATION ON HOW TO REQUEST CORRECTION OF MATERIALLY INACCURATE PERSONAL DATA HELD BY THE COVERED ENTITY CONSISTENT WITH THE FEDERAL "HEALTH INSURANCE PORTABILITY AND A CCOUNTABILITY ACT OF 1996", 42 U.S.CSECS.
(Ill) INFORMATION ON HOW TO REQUEST CORRECTION OF MATERIALLY INACCURATE PERSONAL DATA HELD BY THE COVERED ENTITY CONSISTENT WITH THE FEDERAL "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996", 42 U.S.C.
1320dTO 1320d-9 AND SECTION 25.5-3-502AND (IV) I NFORMATION ON HOW TO REQUEST MEANINGFUL HUMAN REVIEW OR RECONSIDERATION ,WHERE APPLICABLE .
PAGE 21-SENATE BILL 26-189 (e) A COVERED ENTITY MAY COMPLY WITH SUBSECTION (3)(d)OF THISSECTIONTHROUGHEITHERANADVANCE GENERALDISCLOSURE OFTHE INFORMATION REQUIRED BY SUBSECTION (3)(d)OF THIS SECTION OR THROUGH A NOTICE PROVIDED WITHIN THIRTY CALENDAR DAYS AFTER AN ADVERSE OUTCOME .
THIS SECTION DOES NOT CREATE A SEPARATE AND DUPLICATIVE DISCLOSURE PROCESS OR APPEAL PROCESS IF THE REVIEW OPPORTUNITIESANDINFORMATIONDESCRIBEDINSUBSECTION (3)(dOFTHIS SECTION ARE PROVIDED.
(4) SECTIONS 6-1-1701, 6-1-1702, 6-1-1703, 6-1-1704, 6-1-1705, AND 6-1-1706DONOT APPLYTOAMEDICALDEVICESUBJECTTOOVERSIGHT BY THE U NITED STATES FOOD AND DRUG ADMINISTRATION OR A PHARMACEUTICAL OR MEDICAL DEVICE MANUFACTURER S RESEARCH AND DEVELOPMENTACTIVITIESTHATARESUBJECTTOOVERSIGHTBYTHE U NITED STATES FOOD AND DRUG ADMINISTRATION , INCLUDING CLINICAL INVESTIGATIONS CONDUCTED UNDER 21 CFR 312.
(5) N OTHING IN THIS PART17 REQUIRES A COVERED ENTITY OR BUSINESS ASSOCIATE,AS THOSE TERMS ARE DEFINED UNDER THE FEDERAL "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF1996", U.S.C.
1320d TO 1320d-9,TO DISCLOSE PROTECTED HEALTH INFORMATIONOROTHERINFORMATIONINAMANNERTHATWOULDVIOLATE FEDERAL LAW .
1320d TO 1320d-9 AND SECTION 25.5-3-502;
TO THE EXTENT COMPLIANCE WITH SECTION 6-1-1704 OR 6-1-1705WOULDCONFLICTWITHFEDERALHEALTHPRIVACYREQUIREMENTS , THE DEPLOYER SHALL COMPLY WITH APPLICABLE FEDERAL LAW AND PROVIDE DISCLOSURES AND ACCESS CONSISTENT WITH THAT LAW.
AND (IV) INFORMATION ON HOW TO REQUEST MEANINGFUL HUMAN REVIEW OR RECONSIDERATION, WHERE APPLICABLE.
(6) T HIS PART 17 DOES NOT REQUIRE A PERSON TO DISCLOSE NONPUBLIC PERSONAL INFORMATION IN A MANNER THAT WOULD VIOLATE THE FEDERAL "GRAMM -LEACH -BLILEYA CT",15U.S.C.
PA G E 21-SENATE BILL 26-189 (e) A COVERED ENTITY MAY COMPLY WITH SUBSECTION (3)(d) OF THIS SECTION THROUGH EITHERAN ADVANCE GENERAL DISCLOSURE OFTHE INFORMATION REQUIRED BY SUBSECTION (3)(d) OF THIS SECTION OR THROUGH A NOTICE PROVIDED WITHIN THIRTY CALENDAR DAYS AFTER AN ADVERSE OUTCOME.
SEC.6801ET SEQ., OR ITS IMPLEMENTING REGULATIONS.
THIS SECTION DOES NOT CREATE A SEPARATE AND DUPLICATIVE DISCLOSURE PROCESS OR APPEAL PROCESS IF THE REVIEW OPPORTUNITIESAND INFORMATIONDESCRIBED INSUBSECTION (3)(d) OFTHIS SECTION ARE PROVIDED.
(4) SECTIONS 6-1-1701, 6-1-1702, 6-1-1703, 6-1-1704, 6-1-1705, AND 6-1-1706 DO NOT APPLY TO A MEDICAL DEVICE SUBJECTTO OVERSIGHT BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION OR A PHARMACEUTICAL OR MEDICAL DEVICE MANUFACTURER'S RESEARCH AND DEVELOPMENTACTIVITIESTHATARESUBJECTTOOVERSIGHTBYTHEUNITED STATES FOOD AND DRUG ADMINISTRATION, INCLUDING CLINICAL INVESTIGATIONS CONDUCTED UNDER 21 CFR 312.
(5) NOTHING IN THIS PART 17 REQUIRES A COVERED ENTITY OR BUSINESS ASSOCIATE, AS THOSE TERMS ARE DEFINED UNDER THE FEDERAL "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996", U.S.C.
SECS.
1320d TO 1320d-9, TO DISCLOSE PROTECTED HEALTH INFORMATION OROTHER INFORMATION IN A MANNERTHAT WOULD VIOLATE FEDERAL LAW.
TO THE EXTENT COMPLIANCE WITH SECTION 6-1-1704 OR 6-1-1705 WOULDCONFLICTWITH FEDERALHEALTHPRIVACYREQUIREMENTS, THE DEPLOYER SHALL COMPLY WITH APPLICABLE FEDERAL LAW AND PROVIDE DISCLOSURES AND ACCESS CONSISTENT WITH THAT LAW.
(6) THIS PART 17 DOES NOT REQUIRE A PERSON TO DISCLOSE NONPUBLIC PERSONAL INFORMATION IN A MANNER THAT WOULD VIOLATE THE FEDERAL "GRAMM-LEACH-BLILEY ACT", 15 U.S.C.
SEC.
6801 ET SEQ., OR ITS IMPLEMENTING REGULATIONS.
(1) NOTHING IN THIS PART17 CREATES A NEW PRIVATE RIGHT OF ACTION.
(1) NOTHING IN THIS PART 17 CREATES A NEW PRIVATE RIGHT OF ACTION.
(2) C OMPLIANCE WITH THIS PART 17 DOES NOT CONSTITUTE A DEFENSETOANDDOESNOTEXCUSENONCOMPLIANCEWITHANYAPPLICABLE PAGE 22-SENATE BILL 26-189 LAW .
(2) COMPLIANCE WITH THIS PART 17 DOES NOT CONSTITUTE A DEFENSETOANDDOESNOTEXCUSENONCOMPLIANCEWITHANY APPLICABLE PA G E 22-SENATE BILL 26-189 LAW.
InColoradoRevisedStatutes,6-1-105,add(1)(uuuu) as follows:
InColoradoRevised Statutes, 6-1-105, add (1)(uuuu) as follows:
(1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:
(1) A person engages in a deceptive trade practice when, in the course ofthe person's business, vocation, or occupation, the person:
(uuuu) V IOLATES PART 17 OF THIS ARTICLE 1.
(uuuu) VIOLATESPART17OFTHISARTICLE I.
InColoradoRevisedStatutes,10-3-1104.9,add(3)(e) as follows:
InColoradoRevisedStatutes, 10-3-1104.9, add (3)(e) as follows:
(3) (e) THE COMMISSIONER MAY ADOPT NEW RULES OR UPDATE EXISTING RULES REGARDING NOTICE AND DISCLOSURES FROM INSURERS TO CONSUMERS .
(3) (e) THE COMMISSIONER MAY ADOPT NEW RULES OR UPDATE EXISTINGRULESREGARDINGNOTICEANDDISCLOSURESFROMINSURERSTO CONSUMERS.
For the 2026-27 state fiscal year, $46,190isappropriatedtothedepartmentoflaw.Thisappropriationisfrom the general fund and is based on an assumption that the department will require an additional 0.4 FTE.
For the 2026-27 state fiscal year, $46,190isappropriatedtothedepartmentoflaw.This appropriation isfrom the general fund and is based on an assumption that the department will require an additional 0.4 FTE.
(2) Sections6-1-1704(4),6-1-1705(3),and6-1-1706(6),Colorado Revised Statutes, as amended in section 1 of this act, section 10-3-1104.9 (3)(e),ColoradoRevisedStatutes,asenactedinsection3ofthisact,section of this act, this section, and section 6 of this act take effect upon passage.
(2) Sections 6-1-1704 (4), 6-1-1705 (3), and6-1-1706 (6), Colorado Revised Statutes, as amended in section 1ofthis act, section 10-3-1104.9 (3)(e), ColoradoRevised Statutes, asenactedinsection 3ofthis act, section ofthis act, this section, and section 6ofthis acttake effect upon passage.
Safety clause.
Safety clauseThe general assembly finds, determines, and declares that this act is necessary for the immediate preservation ofthe public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.
The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.
Jam as a oleman, Sr.
____________________________ ____________________________ James Rashad Coleman, Sr.
~ PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES w d v ~ ~ eilly SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES ime) Jared S GOVE PAGE 24-SENATE BILL 26-189
Julie McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Esther van Mourik Vanessa Reilly SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 24-SENATE BILL 26-189
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Action History

  1. Governor Signed

  2. Senate Considered House Amendments - Result was to Concur - Repass

  3. Signed by the President of the Senate

  4. Signed by the Speaker of the House

  5. Sent to the Governor

  6. House Third Reading Passed - No Amendments

  7. House Committee on Judiciary Refer Amended to Appropriations

  8. House Committee on Appropriations Refer Unamended to House Committee of the Whole

  9. House Second Reading Special Order - Passed with Amendments - Committee

  10. Senate Third Reading Passed - No Amendments

  11. Introduced In House - Assigned to Judiciary

  12. Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

  13. Senate Second Reading Special Order - Passed with Amendments - Committee, Floor

  14. Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations

  15. Introduced In Senate - Assigned to Business, Labor, & Technology

Sponsors

Sponsorship breakdown

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6 sponsors · 39 co-sponsors · 56 not signed on · 2 voted No

Sponsors (6)

Co-sponsors (39)

Not signed on (56)

56 members have not signed on to this bill.

Show all 56 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

REPASS

Passed 35 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democrat 21000
Republican 9100
Unaffiliated 5000
Total 35100
% of votes cast 97%3%0%0%
How each member voted (36)
Member Party Vote
Gonzales J. — Yea
Pelton B. — Yea
Pelton R. — Yea
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Yea
John Carson Republican Yea
Larry Liston Republican Yea
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Nay
Marc Catlin Republican Yea
Mark Baisley Republican Yea
Scott Bright Republican Yea

Official roll call →

CONCUR

Passed 35 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democrat 21000
Republican 9100
Unaffiliated 5000
Total 35100
% of votes cast 97%3%0%0%
How each member voted (36)
Member Party Vote
Gonzales J. — Yea
Pelton B. — Yea
Pelton R. — Yea
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Yea
John Carson Republican Yea
Larry Liston Republican Yea
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Nay
Marc Catlin Republican Yea
Mark Baisley Republican Yea
Scott Bright Republican Yea

Official roll call →

Refer Senate Bill 26-189 to the Committee of the Whole.

Passed 10 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democrat 8000
Republican 2100
Total 10100
% of votes cast 91%9%0%0%
How each member voted (11)
Member Party Vote
Andrew Boesenecker Democrat Yea
Brianna Titone Democrat Yea
Elizabeth Velasco Democrat Yea
Emily Sirota Democrat Yea
Junie Joseph Democrat Yea
Karen McCormick Democrat Yea
Kyle Brown Democrat Yea
Yara Zokaie Democrat Yea
Matt Soper Republican Yea
Rick Taggart Republican Yea
Scott Bottoms Republican Nay

Official roll call →

Refer Senate Bill 26-189, as amended, to the Committee on Appropriations.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 7000
Republican 4000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Cecelia Espenoza Democrat Yea
Chad Clifford Democrat Yea
Javier Mabrey Democrat Yea
Jennifer Bacon Democrat Yea
Lorena Garcia Democrat Yea
Michael Carter Democrat Yea
Yara Zokaie Democrat Yea
Ava Flanell Republican Yea
Matt Soper Republican Yea
Rebecca Keltie Republican Yea
Scott Slaugh Republican Yea

Official roll call →

BILL

Passed 35 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democrat 21000
Republican 9100
Total 35100
% of votes cast 97%3%0%0%
How each member voted (36)
Member Party Vote
Gonzales J. — Yea
Pelton B. — Yea
Pelton R. — Yea
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Yea
John Carson Republican Yea
Larry Liston Republican Yea
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Nay
Marc Catlin Republican Yea
Mark Baisley Republican Yea
Scott Bright Republican Yea

Official roll call →

Subjects

civil-rights labor technology
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Frequently asked questions

What does SB 189 do?
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.)
Who sponsors SB 189?
SB 189 is sponsored by Adrienne Benavidez, T. Winter, E. Velasco, T. Story, L. Smith, S. Slaugh, M. Rutinel, A. Paschal, K. Nguyen, K. McCormick, J. McCluskie, M. Lindsay, S. Lieder, J. Jackson, E. Hamrick, R. Gonzalez, L. Goldstein, A. Flanell, R. English, C. Clifford, M. Carter, J. Caldwell, William Lindstedt (Democrat), Janice Marchman (Democrat), K. Brown, Byron Pelton (Republican), A. Boesenecker, Rod Pelton (Republican), Janice Rich (Republican), Marc Snyder (Democrat), James Coleman (Democrat), Mark Baisley (Republican), Judy Amabile (Democrat), Matt Ball (Democrat), Jeff Bridges (Democrat), Lisa Cutter (Democrat), Tony Exum (Democrat), Lisa Frizell (Republican), B. Titone, M. Duran, J. Bacon, Barbara Kirkmeyer (Republican), Cleave Simpson (Republican), Robert Rodriguez (Democrat), and Chris Kolker (Democrat).
What is the current status of SB 189?
This bill has been enacted into law. Introduced May 01, 2026. Enacted.
Where can I track SB 189?
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