House Committee of Reference Report
Committee on Business Affairs & Labor
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March 12, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1210 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. In Colorado Revised Statutes, 6-1-105, add
Page 1, Line 4(1)(qqqq) as follows:
Page 1, Line 56-1-105. Unfair or deceptive trade practices - definitions.
Page 1, Line 6(1) A person engages in a deceptive trade practice when, in the
Page 1, Line 7course of the person's business, vocation, or occupation, the person:
Page 1, Line 8(qqqq) Violates part 19 of this article 1.
Page 1, Line 9SECTION 2. In Colorado Revised Statutes, add part 19 to article
Page 1, Line 101 of title 6 as follows:
Page 1, Line 11PART 19
Page 1, Line 12PROHIBITING INDIVIDUALIZED PRICE
Page 1, Line 13AND WAGE SETTING USING SURVEILLANCE DATA
Page 1, Line 146-1-1901. Definitions.
Page 1, Line 15As used in this part 19, unless the context otherwise
Page 1, Line 16requires:
Page 1, Line 17(1) "Biometrics" has the same meaning as "biometric
Page 1, Line 18identifier", as defined in section 6-1-1303, and includes biometric
Page 1, Line 19identifiers associated with a worker.
Page 1, Line 20(2) "Consumer" has the meaning set forth in section
Page 1, Line 216-1-732 (1)(d).
Page 1, Line 22(3) "Individualized" means specific to or inferred about an
Page 1, Line 23individual or group, band, class, or tier of individuals with
Page 1, Line 24particular personal characteristics, online behaviors, or
Page 1, Line 25biometrics.
Page 1, Line 26(4) (a) "Individualized price setting" means using a PWSA
Page 1, Line 27or the output of a PWSA in determining a price offered to a
Page 2, Line 1consumer.
Page 2, Line 2(b) "Individualized price setting" does not include the use
Page 2, Line 3of location data or an internet protocol address solely for the
Page 2, Line 4purpose of determining the jurisdiction where an individual is
Page 2, Line 5located if the location data or internet protocol address is
Page 2, Line 6used solely for the purpose of:
Page 2, Line 7(I) Limiting offered products or services to those
Page 2, Line 8available in that jurisdiction;
Page 2, Line 9(II) Displaying prices in the appropriate currency;
Page 2, Line 10(III) Calculating jurisdiction-specific taxes; or
Page 2, Line 11(IV) Complying with jurisdiction-specific disclosure or
Page 2, Line 12other regulatory requirements.
Page 2, Line 13(5) (a) "Individualized wage setting" means using a PWSA
Page 2, Line 14or the output of a PWSA in determining a wage offered to a
Page 2, Line 15worker.
Page 2, Line 16(b) "Individualized wage setting" does not include:
Page 2, Line 17(I) A person's decision not to hire an individual who has
Page 2, Line 18not previously worked for or through the person or the person's
Page 2, Line 19affiliates or subsidiaries; or
Page 2, Line 20(II) Pay equity studies, compensation reviews, or other
Page 2, Line 21activities necessary to comply with federal and state
Page 2, Line 22antidiscrimination and pay equity laws.
Page 2, Line 23(6) "Insurer" has the meaning set forth in section 10-1-102.
Page 2, Line 24(7) "Online behaviors" means:
Page 2, Line 25(a) An individual's actions, habits, preferences,
Page 2, Line 26affiliations, financial circumstances, or interests that are
Page 2, Line 27observable, measurable, or inferred through electronic
Page 2, Line 28surveillance, data scraping, data purchase, web browsing
Page 2, Line 29history, geolocation, or purchase history; or
Page 2, Line 30(b) Inferences associated with a group, band, class, or tier
Page 2, Line 31of individuals with similar observable and measurable actions,
Page 2, Line 32habits, preferences, affiliations, financial circumstances, or
Page 2, Line 33interests.
Page 2, Line 34(8) "Personal characteristics" includes personal data, as
Page 2, Line 35defined in section 6-1-1303 (17)(a), including publicly available
Page 2, Line 36information; sensitive data, as defined in section 6-1-1303 (24);
Page 2, Line 37genetic information, as defined in section 10-3-1104.6 (2)(c); and
Page 2, Line 38both mutable and immutable qualities, features, attributes, or
Page 2, Line 39traits of an individual.
Page 2, Line 40(9) "Price" means the amount charged to a consumer in
Page 2, Line 41relation to a transaction, including all related costs and fees
Page 2, Line 42and other material terms of the transaction that have a direct
Page 2, Line 43bearing on the amount paid by the consumer.
Page 3, Line 1(10) "Price or wage setting algorithm" or "PWSA" means
Page 3, Line 2any technology, software, program, machine-based system, or
Page 3, Line 3computational process that:
Page 3, Line 4(a) Uses statistical modeling, data analytics, artificial
Page 3, Line 5intelligence, or other data processing techniques to analyze
Page 3, Line 6surveillance data; and
Page 3, Line 7(b) Is a substantial factor in setting, offering, or
Page 3, Line 8determining a price or a wage offered to an individual.
Page 3, Line 9(11) "Substantial factor" means more than a de minimis or
Page 3, Line 10incidental factor that informs the price or wage offered to an
Page 3, Line 11individual.
Page 3, Line 12(12) (a) "Surveillance data" means data obtained through
Page 3, Line 13observation, inference, or surveillance of a consumer or
Page 3, Line 14worker that is related to personal characteristics, online
Page 3, Line 15behaviors, or biometrics of the individual or a group, band,
Page 3, Line 16class, or tier to which the individual belongs.
Page 3, Line 17(b) "Surveillance data" includes information gathered,
Page 3, Line 18purchased, or otherwise acquired.
Page 3, Line 19(13) "Wage" means the material terms offered to a worker
Page 3, Line 20in exchange for labor, including the amount to be paid for the
Page 3, Line 21labor, whether paid by time rate, piece rate, salary, bonuses,
Page 3, Line 22commissions, and other incentives and task assignments that
Page 3, Line 23have a direct impact on earnings.
Page 3, Line 24(14) (a) "Worker" means an individual performing work for
Page 3, Line 25wages or other compensation and includes an employee, as
Page 3, Line 26defined in section 8-4-101, and any other individual performing
Page 3, Line 27work on behalf of or for the benefit of an employer or other
Page 3, Line 28person.
Page 3, Line 29(b) "Worker" does not include a worker engaged by:
Page 3, Line 30(I) The federal government;
Page 3, Line 31(II) A public entity, as defined in section 24-10-103 (5); or
Page 3, Line 32(III) The state, as defined in section 24-10-103 (7).
Page 3, Line 336-1-1902. Prohibition against individualized price or wage
Page 3, Line 34setting - publication of procedures.
Page 3, Line 35(1) Individualized price setting.
Page 3, Line 36(a) A person shall not engage in individualized price
Page 3, Line 37setting.
Page 3, Line 38(b) A person has not engaged in individualized price
Page 3, Line 39setting if the person can demonstrate that:
Page 3, Line 40(I) Differential prices are justified based on differences in
Page 3, Line 41cost in providing a good or service to different consumers,
Page 3, Line 42including based on consumer selections, delivery distance, or
Page 3, Line 43delivery time;
Page 4, Line 1(II) Differential prices are justified by temporal
Page 4, Line 2differences, including price fluctuations based on supply and
Page 4, Line 3demand;
Page 4, Line 4(III) A public discounted price is offered on equal terms
Page 4, Line 5pursuant to publicly disclosed eligibility criteria to:
Page 4, Line 6(A) All consumers who meet the publicly disclosed
Page 4, Line 7eligibility criteria, including criteria related to volume
Page 4, Line 8purchases, signing up for a mailing list, registering for
Page 4, Line 9promotional communications, or participating in a promotional
Page 4, Line 10event; or
Page 4, Line 11(B) All members of a broadly defined and publicly
Page 4, Line 12recognized group of consumers, including teachers, active or
Page 4, Line 13retired military personnel, senior citizens, students, or
Page 4, Line 14residents of a certain area based on publicly disclosed
Page 4, Line 15eligibility criteria;
Page 4, Line 16(IV) A discounted price is offered on equal terms pursuant
Page 4, Line 17to publicly disclosed terms and conditions to all members,
Page 4, Line 18enrollees, or participants in a loyalty, membership, or rewards
Page 4, Line 19program. For purposes of this section:
Page 4, Line 20(A) A "loyalty, membership, or rewards program" is a
Page 4, Line 21loyalty, rewards, or club card program established for the
Page 4, Line 22genuine purpose of providing benefits to consumers that
Page 4, Line 23voluntarily participate in that program regardless of whether
Page 4, Line 24those benefits are provided directly by a business or through a
Page 4, Line 25loyalty program partner; and
Page 4, Line 26(B) A "loyalty program partner" is a third party that
Page 4, Line 27provides loyalty, membership, or rewards program benefits to
Page 4, Line 28consumers who consent to participate in a loyalty, membership,
Page 4, Line 29or rewards program offered by a different seller;
Page 4, Line 30(V) The person operates as an insurer complying with
Page 4, Line 31section 10-3-1104.9 and associated rules and only inputs
Page 4, Line 32risk-relevant data into a price or wage setting algorithm that
Page 4, Line 33informs decisions related to the amount a consumer must pay
Page 4, Line 34for an insurance policy or contract;
Page 4, Line 35(VI) Differential prices are offered or provided to a
Page 4, Line 36consumer as a good faith credit, refund, rebate, or discount
Page 4, Line 37issued in response to:
Page 4, Line 38(A) A consumer's complaint, inquiry, or expression of
Page 4, Line 39dissatisfaction regarding a good or service;
Page 4, Line 40(B) A service disruption, error, or other failure to deliver
Page 4, Line 41a good or service as promised or expected;
Page 4, Line 42(C) A billing dispute or discrepancy;
Page 4, Line 43(D) A request for account retention or cancellation; or
Page 5, Line 1(E) Other customer service interaction in which the
Page 5, Line 2person provides a credit, refund, rebate, or discount to address
Page 5, Line 3a consumer's concerns or to maintain the consumer relationship;
Page 5, Line 4(VII) Differential prices are offered pursuant to the
Page 5, Line 5following established need-based discount programs that are
Page 5, Line 6publicly disclosed and structured to provide reduced pricing or
Page 5, Line 7financial assistance based on objective eligibility criteria
Page 5, Line 8related to income or financial need:
Page 5, Line 9(A) Hospital discounted care;
Page 5, Line 10(B) Sliding scale fees; or
Page 5, Line 11(C) Charity care or medical financial assistance policies;
Page 5, Line 12or
Page 5, Line 13(VIII) A refusal to extend credit on specific terms or the
Page 5, Line 14refusal to enter into a financial transaction with a specific
Page 5, Line 15consumer is based on data provided in a consumer report
Page 5, Line 16covered by the federal "Fair Credit Reporting Act", 15 U.S.C.
Page 5, Line 17sec. 1681 et seq.
Page 5, Line 18(2) Individualized wage setting.
Page 5, Line 19(a) A person shall not engage in individualized wage
Page 5, Line 20setting.
Page 5, Line 21(b) A person has not engaged in individualized wage
Page 5, Line 22setting if the person can demonstrate that:
Page 5, Line 23(I) The person offers individualized wages based solely on
Page 5, Line 24data specific to the individual worker that is directly related
Page 5, Line 25to the tasks the worker was hired to perform, including data
Page 5, Line 26associated with a worker's performance or generation of new
Page 5, Line 27business; and
Page 5, Line 28(II) The person discloses in plain language before hiring a
Page 5, Line 29worker to perform work, and to all workers whose wages are
Page 5, Line 30set in whole or in part through a price or wage setting
Page 5, Line 31algorithm, what data is considered and how the price or wage
Page 5, Line 32setting algorithm considers the data. To the extent these
Page 5, Line 33disclosures duplicate disclosures required under equal pay,
Page 5, Line 34wage and hour, or other existing laws, a person's obligations
Page 5, Line 35under this subsection (2)(b)(II) may be fulfilled by complying
Page 5, Line 36with applicable law.
Page 5, Line 37(3) Publication of procedures. A person that uses a price or
Page 5, Line 38wage setting algorithm shall develop and publish reasonable
Page 5, Line 39procedures:
Page 5, Line 40(a) To ensure the accuracy of all data considered by the
Page 5, Line 41price or wage setting algorithm;
Page 5, Line 42(b) For workers to request and receive information
Page 5, Line 43regarding what data is considered by the price or wage setting
Page 6, Line 1algorithm and how the price or wage setting algorithm
Page 6, Line 2considers the data when setting particular wages; and
Page 6, Line 3(c) To allow a worker to correct or challenge the
Page 6, Line 4accuracy of data considered by the price or wage setting
Page 6, Line 5algorithm.
Page 6, Line 66-1-1903. Rule-making authority.
Page 6, Line 7The attorney general may adopt rules as necessary for
Page 6, Line 8the purpose of implementing and enforcing this part 19.
Page 6, Line 9SECTION 2. Act subject to petition - effective date -
Page 6, Line 10applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 6, Line 11the expiration of the ninety-day period after final adjournment of the
Page 6, Line 12general assembly (August 12, 2026, if adjournment sine die is on May 13,
Page 6, Line 132026); except that, if a referendum petition is filed pursuant to section 1
Page 6, Line 14(3) of article V of the state constitution against this act or an item, section,
Page 6, Line 15or part of this act within such period, then the act, item, section, or part
Page 6, Line 16will not take effect unless approved by the people at the general election
Page 6, Line 17to be held in November 2026 and, in such case, will take effect on the
Page 6, Line 18date of the official declaration of the vote thereon by the governor.
Page 6, Line 19(2) This act applies to conduct occurring on or after the applicable
Page 6, Line 20effective date of this act.".