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ColoradoSB26-1892026 Regular SessionSenate

Automated Decision-Making Technology

Sponsored By: James Coleman (Democratic), Jennifer Bacon (Democratic), Monica Duran (Democratic), Robert Rodriguez (Democratic)

Signed by Governor

Labor & EmploymentTelecommunications & Information Technology

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 1 costs, 4 mixed.

New consumer rights for automated decisions

Beginning January 1, 2027, Colorado adds protections when automated tools materially influence important decisions about individuals. Covered areas include jobs, education, Colorado housing, loans, insurance, health care, and public benefits, with sector-specific exceptions. Consumers include employees, Colorado-resident job applicants, and people evaluated for access or opportunities in Colorado. Before using a covered tool, the organization must give clear notice and instructions for learning more; a prominent public posting can count. After a harmful decision, it must explain the decision, the tool’s role, and your rights within 30 days. It must offer a simple way to request tool details and input information, to the extent supplied by the developer. You can request access instructions and instructions for correcting factually wrong or materially inaccurate personal data. You can also request human review and reconsideration, to the extent commercially reasonable. A trained reviewer must consider evidence independently and have power to change the decision. Opinions, predictions, scores, and protected evaluations do not have to be corrected; qualifying schools can use existing education procedures. Required notices must be reasonably accessible to people with disabilities and limited English skills. Trade secrets and legally protected information can be withheld, but you must be told; disclosure cannot violate federal privacy law or compromise specified legally required security programs.

Patient assistance notices with health-care exemptions

Beginning January 1, 2027, qualifying health-care entities and their service partners receive exemptions from specified general automated-decision rules. Providers qualify for this treatment only when operating from Colorado; employment decisions remain covered by the general rules. Covered entities must give patients general notice about advanced technologies, including covered automated tools. For automated decisions about financial assistance or discounted care, they must explain the decision, the tool’s role, and information types used, excluding trade secrets. They must also explain how to request correction of materially inaccurate personal data under health privacy rules and meaningful human review. These details are due in advance or within 30 calendar days after a harmful outcome.

Federal medical oversight brings state exemptions

Beginning January 1, 2027, specified Colorado automated-decision requirements do not apply to medical devices under federal food and drug oversight. The exemption also covers drug and medical-device manufacturers’ research and development under that oversight. This includes clinical investigations governed by federal investigational-drug rules.

New documentation duties for automated-tool businesses

Beginning January 1, 2027, covered-tool developers must give organizations using their tools understandable documentation, while protecting trade secrets. It must explain intended and known harmful uses, known training-data categories, risks, limits, proper monitoring, and human review. These duties cover tools offered for important decisions, or known uses consistent with the developer’s intended and contracted uses. Developers must directly notify each user organization of material updates, substantial changes, and changed uses, limits, or risk controls within a reasonable time. Public release notes can count when each organization receives a direct alert. Developers must keep compliance records for at least three years after creation; organizations using tools must keep them for three years after each covered decision. Both must keep records longer when other law requires.

Discrimination liability follows each business’s fault

Beginning January 1, 2027, developers and organizations using covered tools face liability under Colorado anti-discrimination laws for discriminatory decisions materially influenced by those tools. Each party’s liability follows its relative fault; shared liability applies only as existing law permits. Developer liability is limited to uses intended, documented, marketed, advertised, configured, or contracted for. Organizations using tools remain responsible for their own actions and misuse. Contracts cannot shift responsibility for a party’s own covered discriminatory acts, with a narrow exception for unintended uses when developer disclosure duties were met.

State enforcement funding with consumer lawsuit limits

Beginning January 1, 2027, only the Colorado Attorney General enforces these rules as deceptive trade practices. The law creates no new private right to sue under this part. For violations the Attorney General considers fixable, businesses get 60 days after receiving notice to fix them before enforcement. Knowing or repeated violations do not require that opportunity. Annual enforcement reporting begins January 2028; a cure-period reporting provision ends January 1, 2030. Effective upon passage, the law provides $46,190 from the General Fund for fiscal year 2026–27 to the Department of Law. The funding supports consumer protection, antitrust, and civil rights implementation, assuming 0.4 additional full-time-equivalent staff, rather than household payments.

Insurance notices with existing-rule compliance relief

Beginning January 1, 2027, insurers and affiliates subject to Colorado’s specified existing insurance rules count as compliant while practicing insurance. Other insurers must give applicable notices and disclosures when covered tools materially influence insurance decisions. Covered decisions include premiums, coverage, underwriting, and claims. Employment-related uses remain covered by the general rules. Upon passage, the Insurance Commissioner gains authority to adopt or update rules on automated-tool notices, external data, predictive models, and discrimination.

Sponsors & Cosponsors

Sponsors

  • James Coleman

    Democratic • Senate

  • Jennifer Bacon

    Democratic • House

  • Monica Duran

    Democratic • House

  • Robert Rodriguez

    Democratic • Senate

Cosponsors

  • Andrew Boesenecker

    Democratic • House

  • Ava Flanell

    Republican • House

  • Amy Paschal

    Democratic • House

  • Chad Clifford

    Democratic • House

  • Eliza Hamrick

    Democratic • House

  • Elizabeth Velasco

    Democratic • House

  • Jarvis Caldwell

    Republican • House

  • Jamie Jackson

    Democratic • House

  • Julie McCluskie

    Democratic • House

  • Kyle Brown

    Democratic • House

  • Karen McCormick

    Democratic • House

  • Kenny Nguyen

    Democratic • House

  • Lori Goldstein

    Democratic • House

  • Lesley Smith

    Democratic • House

  • Michael Carter

    Democratic • House

  • Mandy Lindsay

    Democratic • House

  • Manny Rutinel

    Democratic • House

  • Regina English

    Democratic • House

  • Ryan Gonzalez

    Republican • House

  • Sheila Lieder

    Democratic • House

  • Scott Slaugh

    Republican • House

  • Tammy Story

    Democratic • House

  • Ty Winter

    Republican • House

  • Sen. A. Benavidez

    Affiliation unavailable

  • Barbara Kirkmeyer

    Republican • Senate

  • Byron Pelton

    Republican • Senate

  • Chris Kolker

    Democratic • Senate

  • Cleave Simpson

    Republican • Senate

  • Judy Amabile

    Democratic • Senate

  • Jeff Bridges

    Democratic • Senate

  • Janice Marchman

    Democratic • Senate

  • Janice Rich

    Republican • Senate

  • Lisa Cutter

    Democratic • Senate

  • Lisa Frizell

    Republican • Senate

  • Matt Ball

    Democratic • Senate

  • Marc Snyder

    Democratic • Senate

  • Rod Pelton

    Republican • Senate

  • Tony Exum

    Democratic • Senate

  • William Lindstedt

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 242 • No: 23

Senate vote • 5/12/2026

House amendments: Concur

Yes: 34 • No: 1

Senate vote • 5/12/2026

House amendments: Repass

Yes: 34 • No: 1

House vote • 5/9/2026

Third reading: Perm

Yes: 50 • No: 13

House vote • 5/9/2026

Third reading: Bill

Yes: 57 • No: 6

House vote • 5/8/2026

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

Yes: 10 • No: 1

House vote • 5/8/2026

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

Yes: 11 • No: 0

Senate vote • 5/7/2026

Third reading: Bill

Yes: 34 • No: 1

Senate vote • 5/6/2026

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

Yes: 7 • No: 0

Senate vote • 5/5/2026

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

Yes: 5 • No: 0

Actions Timeline

  1. Governor Signed

    5/14/2026House

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

    5/12/2026Senate

  3. Signed by the President of the Senate

    5/12/2026Senate

  4. Signed by the Speaker of the House

    5/12/2026House

  5. Sent to the Governor

    5/12/2026House

  6. House Third Reading Passed - No Amendments

    5/9/2026House

  7. House Committee on Judiciary Refer Amended to Appropriations

    5/8/2026House

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

    5/8/2026House

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

    5/8/2026House

  10. Senate Third Reading Passed - No Amendments

    5/7/2026Senate

  11. Introduced In House - Assigned to Judiciary

    5/7/2026House

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

    5/6/2026Senate

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

    5/6/2026Senate

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

    5/5/2026Senate

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

    5/1/2026Senate

Bill Text

  • Engrossed

    PDF

  • Final Act

    PDF

  • House Judiciary Preamend

    PDF

  • Introduced

    PDF

  • Reengrossed

    PDF

  • Rerevised

    PDF

  • Revised

    PDF

  • Senate Appropriations Preamend

    PDF

  • Senate Business, Labor, & Technology Preamend

    PDF

  • Signed Act

    PDF

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