The law (Senate Bill 205), signed by Gov. Jared Polis (D) on Friday, includes restrictions on creators of AI and users of “high-risk” AI systems, which are systems that contribute to consequential decisions such as employment. Contains obligations.
The bill would not take effect until February 1, 2026. Polis said he hopes the bill will be amended by then to ensure innovation is not stifled by the law.
Under the law, developers of high-risk AI systems must take reasonable steps to avoid inherent discrimination. Sufficient information about the system must be disclosed to users to enable them to perform a risk assessment. Creators must explain to the public the AI systems they build or modify and how potential inherent discrimination will be controlled. If a creator learns of potential discrimination after using the system, they must notify the Colorado Attorney General within 90 days.
Companies that use high-risk AI systems must communicate to the public that they are using such systems and how the risks are being managed. Risk management policies and programs should be implemented that include system risk assessment. Companies should also alert the public when AI is involved in important decisions such as hiring. Companies must report to the Attorney General within 90 days if they discover discriminatory behavior on behalf of AI.
Small businesses with 50 or fewer full-time employees are exempt from maintaining risk assessment programs and providing information to the public about their use of AI.
The attorney general will enforce the law.
The law gives citizens the right to know whether AI systems were involved in important decisions about them, to correct erroneous results, and to request a review of human decisions. Individuals must be able to opt out of profiling in her AI systems.
Anti-discrimination laws typically prohibit intentional discrimination, but Colorado's AI bill “deviates from that practice by regulating the consequences of using AI systems, regardless of intent,” Polis said. he said in a letter to lawmakers Friday. He called on the Legislature to change the bill so that the standard for enforcement is “intentional discrimination.”
Polis also encouraged lawmakers to work with stakeholders to “ensure Colorado remains a home for innovative technology and that consumers have full access to critical AI-based products.” He said he wanted it.
