A Bill for an Act
Page 1, Line 101Concerning clarifying anti-discrimination protections in
Page 1, Line 102interactions with artificial 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.)
In 2024, the general assembly enacted Senate Bill 24-205, which created consumer protections in interactions with artificial intelligence systems (provisions). The bill repeals the provisions and declares that prohibitions on discrimination contained in Colorado law apply regardless of whether the challenged conduct is executed, facilitated, or scaled by means of a digital, automated, algorithmic, artificial intelligence, machine learning, or other technological process.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, repeal and reenact, with amendments, part 17 of article 1 of title 6 as follows:
Page 2, Line 3PART 17
DIGITAL-ASSISTED DISCRIMINATION PROHIBITED
Page 2, Line 46-1-1701. Short title.The short title of this part 17 is the
Page 2, Line 5"Technology-neutral Anti-discrimination Clarification Act of 2026".
Page 2, Line 66-1-1702. Legislative declaration. (1) The general assembly finds and declares that:
Page 2, Line 7(a) Discrimination based on protected characteristics is
Page 2, Line 8unlawful in Colorado whether it occurs in housing, employment,
Page 2, Line 9public accommodations, education, credit, or any other context covered by state civil rights statutes;
Page 2, Line 10(b) Advances in software, automation, algorithmic
Page 2, Line 11decision-making, artificial intelligence, and other digital
Page 2, Line 12technologies do not create a lawful avenue to engage in conduct that existing law already prohibits; and
Page 2, Line 13(c) Clarifying that discriminatory conduct remains unlawful regardless of the tools used will:
Page 2, Line 14(I) Affirm that implementing illegal discrimination through a digital mechanism confers no legal immunity;
Page 2, Line 15(II) Ensure Colorado's civil rights statutes apply
Page 2, Line 16consistently across present and future technologies, without
Page 2, Line 17privileging or disadvantaging any particular method of implementation; and
Page 3, Line 1(III) Avoid imposing vicarious liability on technology
Page 3, Line 2developers that neither intend nor knowingly facilitate discriminatory conduct.
Page 3, Line 36-1-1703. Digital-assisted discrimination prohibited.All
Page 3, Line 4prohibitions on discrimination contained in a statute of this
Page 3, Line 5state apply with full force and effect regardless of whether
Page 3, Line 6the challenged conduct is executed, facilitated, or scaled, in
Page 3, Line 7whole or in part, by means of a digital, automated, algorithmic,
Page 3, Line 8artificial intelligence, machine learning, or other technological process.
Page 3, Line 96-1-1704. Rules of construction. (1) As used in this part 17,
Page 3, Line 10"digital", "automated", "algorithmic", "artificial intelligence",
Page 3, Line 11"machine learning", and "other technological process" are
Page 3, Line 12illustrative and nonexhaustive terms and encompass present
Page 3, Line 13and future means of computation, communication, and decision-making.
Page 3, Line 14(2) Nothing in this part 17 alters the list of protected characteristics enumerated elsewhere in statute.
Page 3, Line 15(3) A creator, publisher, or distributor of technology is
Page 3, Line 16liable under this part 17 only if that party intentionally
Page 3, Line 17engages in, directs, or knowingly aids the underlying discriminatory conduct.
Page 3, Line 18(4) This part 17 does not alter existing burdens of proof, defenses, and remedies applicable to discrimination claims.
Page 3, Line 19SECTION 2. Act subject to petition - effective date -
Page 3, Line 20applicability. (1) This act takes effect January 1, 2026; except that, if a
Page 4, Line 1referendum petition is filed pursuant to section 1 (3) of article V of the
Page 4, Line 2state constitution against this act or an item, section, or part of this act
Page 4, Line 3within the ninety-day period after final adjournment of the general
Page 4, Line 4assembly, then the act, item, section, or part will not take effect unless
Page 4, Line 5approved by the people at the general election to be held in November
Page 4, Line 62026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
Page 4, Line 7(2) This act applies to conduct occurring on or after the applicable effective date of this act.