A Bill for an Act
Page 1, Line 101Concerning public safety protection from the risks of
Page 1, Line 102artificial intelligence systems.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill prohibits a developer that has trained a foundation artificial intelligence model (foundation model) from preventing a worker from, or retaliating against a worker for, disclosing or threatening to disclose information to the developer, the attorney general, or appropriate state or federal authorities if the worker has reasonable cause to believe the information indicates one of the following:
- The developer is out of compliance with law applicable to public safety or security;
- The developer's activities pose a substantial risk to public safety or security, even if the developer is not out of compliance with any law; or
- The developer has made false or misleading statements concerning public safety or security or concerning the developer's management of risks to public safety or security.
- Reinstatement or rehiring of a worker, with or without back pay;
- The greater of either $10,000 or any lost pay resulting from the violation;
- Punitive damages; and
- Reasonable attorney fees to an aggrieved worker.
A developer must provide notice to all workers working on a foundation model of the workers' rights and responsibilities under the bill.
The bill requires a developer to create and provide an internal process through which a worker may anonymously disclose information to the developer regarding a risk to public safety or security enabled by the developer's foundation model. The developer shall provide a monthly update to the worker who made the disclosure regarding the status of the developer's investigation of the disclosure and the actions taken by the developer in response to the disclosure.
An aggrieved worker may commence a civil action in district court against a developer for a violation of the bill. A court may order relief against a developer that is found to have violated the bill, including:
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add article 13.6 to title 8 as follows:
Page 2, Line 3ARTICLE 13.6
Whistleblower Protections for Workers
Page 2, Line 4Working in Artificial Intelligence
Page 2, Line 58-13.6-101. Definitions.As used in this article 13.6, unless the context otherwise requires:
Page 2, Line 6(1) "Artificial intelligence" has the same meaning as
Page 2, Line 7"artificial intelligence system" as set forth in section 6-1-1701 (2).
Page 3, Line 1(2) "Developer" means an employer as defined in section
Page 3, Line 28-4-101 (6) or an entity that contracts with five or more
Page 3, Line 3independent contractors in the state each year and that has
Page 3, Line 4trained at least one foundation model at a computational cost
Page 3, Line 5of at least one hundred million dollars as measured by the
Page 3, Line 6average cost of an equivalent amount of cloud computing at the time that training commences.
Page 3, Line 7(3) "Employer" has the meaning set forth in the federal "Fair Labor Standards Act of 1938", 29 U.S.C. sec. 203 (d).
Page 3, Line 8(4) "Foundation model" means an artificial intelligence model that:
Page 3, Line 9(a) Is trained on broad data;
(b) Uses self-supervision in the training process; and
Page 3, Line 10(c) Is applicable across a wide range of contexts.
Page 3, Line 11(5) (a) "Worker" means an individual who performs
Page 3, Line 12services for and under the control and direction of a developer for wages or other remuneration.
Page 3, Line 13(b) "Worker" includes:
(I) An employee as defined in section 8-4-101 (5);
Page 3, Line 14(II) An independent contractor; or
(III) A corporate officer.
Page 3, Line 158-13.6-102. Prohibition against retaliatory action related to a
Page 3, Line 16substantial risk to public safety or security - limitation on worker
Page 3, Line 17contracts. (1) A developer shall not prevent a worker from, or
Page 3, Line 18retaliate against a worker for, disclosing or threatening to
Page 3, Line 19disclose information to the developer, the attorney general, or
Page 4, Line 1appropriate state or federal authorities, including through
Page 4, Line 2terms and conditions of employment or seeking to enforce terms
Page 4, Line 3and conditions of employment, if the worker has reasonable cause to believe the information indicates one of the following:
Page 4, Line 4(a) The developer is out of compliance with law applicable to public safety or security;
Page 4, Line 5(b) The developer's activities pose a substantial risk to
Page 4, Line 6public safety or security, even if the developer is not out of compliance with any law; or
Page 4, Line 7(c) The developer has made false or misleading statements
Page 4, Line 8concerning public safety or security or the developer's management of risks to public safety or security.
Page 4, Line 9(2) This section does not apply to a worker who discloses information:
Page 4, Line 10(a) That the worker knows to be false; or
Page 4, Line 11(b) With reckless disregard for the truth or falsity of the information.
Page 4, Line 12(3) (a) A developer shall not require or attempt to require
Page 4, Line 13a worker to sign a contract or other agreement that would
Page 4, Line 14limit or prevent the worker from disclosing information about
Page 4, Line 15risks to public safety or security or to otherwise abide by a workplace policy that would limit or prevent such disclosures.
Page 4, Line 16(b) A contract or agreement that violates subsection
Page 4, Line 17(3)(a) of this section is void and unenforceable as contrary to
Page 4, Line 18public policy. A developer's attempt to impose such a contract or agreement is an adverse action in violation of this article 13.6.
Page 4, Line 198-13.6-103. Written notice required. (1) A developer shall
Page 5, Line 1provide a clear notice to all workers working on a foundation
Page 5, Line 2model of the workers' rights and responsibilities under this
Page 5, Line 3article 13.6. A developer complies with this section if the developer does either of the following:
Page 5, Line 4(a) (I) At all times, displays within all workplaces
Page 5, Line 5maintained by the developer a notice to all workers of their rights and responsibilities under this article 13.6;
Page 5, Line 6(II) Ensures that all new workers receive the notice described in subsection (1)(a)(I) of this section; and
Page 5, Line 7(III) Ensures that workers who periodically work
Page 5, Line 8remotely receive the notice described in subsection (1)(a)(I) of this section; or
Page 5, Line 9(b) At least once every calendar year, provides written
Page 5, Line 10notice to all workers of their rights and responsibilities under
Page 5, Line 11this article 13.6 and ensures that the notice is received and acknowledged by all workers.
Page 5, Line 128-13.6-104. Internal reporting process. (1) (a) A developer
Page 5, Line 13shall provide a reasonable internal process through which a
Page 5, Line 14worker may anonymously disclose information to the developer
Page 5, Line 15if the worker believes in good faith that the information indicates the conditions described in section 8-13.6-102 (1).
Page 5, Line 16(b) The internal reporting process must include a monthly
Page 5, Line 17update to the worker who made the disclosure regarding the
Page 5, Line 18status of the developer's investigation of the disclosure and the
Page 5, Line 19actions taken by the developer in response to the disclosure.
Page 5, Line 20The monthly updates must continue until the matter is resolved,
Page 5, Line 21at which time the developer shall provide a final update to the worker.
Page 6, Line 1(2) (a) The developer shall maintain a disclosure or
Page 6, Line 2response of the internal reporting process for a minimum of seven years after the date when the response is created.
Page 6, Line 3(b) At least once per quarter, the developer shall share
Page 6, Line 4each disclosure and response with the officers and directors of the developer who do not have a conflict of interest.
Page 6, Line 58-13.6-105. Relief authorized. (1) An aggrieved worker may
Page 6, Line 6commence a civil action in district court against a developer for a violation of this article 13.6.
Page 6, Line 7(2) In a civil action commenced by an aggrieved worker
Page 6, Line 8under this section, the court may order affirmative relief to the
Page 6, Line 9aggrieved worker against a developer that is found to have violated this article 13.6, including:
Page 6, Line 10(a) Reinstatement or rehiring of the worker, with or without back pay;
Page 6, Line 11(b) The greater of either:
(I) Ten thousand dollars; or
Page 6, Line 12(II) Any lost pay resulting from the violation, including
Page 6, Line 13back pay if the aggrieved worker is reinstated or rehired and
Page 6, Line 14front pay if the aggrieved worker is not reinstated or rehired; and
Page 6, Line 15(c) Any other equitable relief the court deems appropriate.
Page 6, Line 16(3) (a) The court may award an aggrieved worker punitive
Page 6, Line 17damages against a developer if the aggrieved worker
Page 6, Line 18demonstrates by clear and convincing evidence that the
Page 7, Line 1developer engaged in a discriminatory, adverse, or retaliatory
Page 7, Line 2employment practice with malice or reckless indifference to the
Page 7, Line 3rights of the aggrieved worker. However, if the developer
Page 7, Line 4demonstrates good faith efforts to comply with this article 13.6
Page 7, Line 5and to prevent discriminatory, adverse, and retaliatory
Page 7, Line 6employment practices in the workplace, the court shall not award punitive damages against the developer.
Page 7, Line 7(b) In determining the appropriate level of damages to
Page 7, Line 8award an aggrieved worker, the court shall consider the
Page 7, Line 9gravity of the risk to public safety or security, the size and
Page 7, Line 10assets of the developer, and the egregiousness of the discriminatory, adverse, or retaliatory employment practice.
Page 7, Line 11(4) If an aggrieved worker seeks punitive damages
Page 7, Line 12pursuant to subsection (3) of this section, any party to the civil action may demand a trial by jury.
Page 7, Line 13(5) The court shall award reasonable attorney fees to an
Page 7, Line 14aggrieved worker if the aggrieved worker prevails in an action brought pursuant to this article 13.6.
Page 7, Line 158-13.6-106. No effect on other law.This article 13.6 does not limit protections provided to workers by any other law.
Page 7, Line 16SECTION 2. Act subject to petition - effective date -
Page 7, Line 17applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 7, Line 18the expiration of the ninety-day period after final adjournment of the
Page 7, Line 19general assembly; except that, if a referendum petition is filed pursuant
Page 7, Line 20to section 1 (3) of article V of the state constitution against this act or an
Page 7, Line 21item, section, or part of this act within such period, then the act, item,
Page 7, Line 22section, or part will not take effect unless approved by the people at the
Page 8, Line 1general election to be held in November 2026 and, in such case, will take
Page 8, Line 2effect on the date of the official declaration of the vote thereon by the governor.
Page 8, Line 3(2) This act applies to conduct occurring on or after the applicable effective date of this act.