From the journal

Colorado General Assembly passes SB 26-189 rewriting its AI consumer protection law, May 2026

The Colorado General Assembly passed Senate Bill 26-189, repealing and replacing the 2024 consumer artificial intelligence statute. The new text governs covered automated decision-making technology used in employment, housing, lending, insurance, healthcare, education, and essential government services. Obligations begin 1 January 2027 and are enforced by the Colorado Attorney General under the Colorado Consumer Protection Act.

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The Colorado Senate and House passed Senate Bill 26-189 in May 2026. The bill awaits the Governor's signature. It repeals and reenacts the consumer protections for artificial intelligence first enacted in Senate Bill 24-205.

SB 26-189 governs covered automated decision-making technology defined as a system that processes personal data to materially influence consequential decisions. Covered sectors include employment, education, lending, insurance, healthcare, housing, and essential government services. New Article 30 of Title 6 of the Colorado Revised Statutes sets developer documentation duties, deployer notice and human-review duties, and recordkeeping for at least three years. The Attorney General enforces violations under Section 6-1-105 of the Colorado Consumer Protection Act, treated as deceptive trade practices. The statute creates no private right of action. A sixty-day right to cure applies until 1 January 2030.

Developers must give deployers technical documentation covering intended uses, training data categories, known limitations, and instructions for human review. Deployers must give consumers clear notice at the point of interaction. Consumers can request access, correction, and meaningful human review of adverse outcomes. Lenders, insurers, employers, schools, landlords, and state agencies should map current model inventories against the covered ADMT definition before the 1 January 2027 effective date.

The rewrite drops the original requirements for governance programmes, model risk assessment, algorithmic bias testing, and impact assessments mandated by SB 24-205. The federal X.AI litigation that suspended enforcement of the prior Colorado AI Act continues during the transition. State AI statutes in Texas, California, and Connecticut still apply.

Licentium advises developers and deployers on Colorado ADMT compliance, technical documentation, consumer notice design, human-review workflows, and recordkeeping, and coordinates multistate AI programmes through partner counsel. Contact us if you operate covered ADMT touching Colorado consumers. Work we undertake includes ADMT classification, consumer notice drafting, vendor flow-down clauses, attorney general enforcement readiness, and cross-jurisdiction AI policy mapping.

Source: Colorado General Assembly, Senate Bill 26-189, Automated Decision-Making Technology, https://leg.colorado.gov/bills/sb26-189, confirmed 15 May 2026.

The information provided is not legal, tax, investment, or accounting advice and should not be used as such. It is for discussion purposes only. Seek guidance from your own legal counsel and advisors on any matters. The views presented are those of the author and not any other individual or organization. Some parts of the text may be automatically generated. The author of this material makes no guarantees or warranties about the accuracy or completeness of the information.

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