The act permits an administrative agency that is conducting an adjudicatory hearing (agency) to serve a person entitled to notice of that hearing using electronic means. The agency's use of electronic service requires a documented request by or the documented consent of the person to be notified. The act similarly authorizes electronic service with respect to an agency's final decision or the initial decision by an administrative law judge or hearing officer.(Note: This summary applies to this bill as enacted.)
The act prohibits individuals lawfully permitted to provide psychotherapy services in the state (regulated professionals) from allowing an artificial intelligence system (AI system) to interact with clients in any form of therapeutic communication without synchronous, real-time interaction between the regulated professional, the AI system, and the client, or generate therapeutic recommendations or treatment plans without review and approval by the regulated professional. Except for educational, administrative, simulation, or training purposes or as part of a research program, a regulated professional shall not use an AI system to provide, direct, or guide psychotherapy, clinical intervention, counseling, diagnosis, treatment planning, or other activity that constitutes the practice of psychotherapy with an individual or group unless the use satisfies the conditions specified in the act. At initial client contact, a regulated professional shall inform clients of the prohibitions regarding use of AI systems in the practice of psychotherapy. Regulated professionals may be disciplined by the appropriate licensing board in the department of regulatory agencies for violations of this act. The act allows regulated professionals to use an AI system to assist in providing administrative support or supplementary support, as these terms are defined in the act, for psychotherapy services if the regulated professional maintains responsibility for reviewing any outputs of the AI system used to provide administrative support or supplementary support. If a client's therapeutic session will be recorded or transcribed through the use of an AI system, the regulated professional must disclose in advance the use of an AI system and the purposes for its use, and obtain written, informed consent from the client. The act does not prohibit a regulated professional from using an AI system within accredited or approved educational, instructional, or professional training programs, so long as the AI system is used solely for educational, administrative, simulation, or training purposes and is not deployed, marketed, or represented as a tool for use with clients, patients, or the public. Further, a regulated professional may be involved in the development, testing, or evaluation of an AI system solely for research purposes under the oversight of a federally registered institutional review board, so long as the AI system is not offered to consumers or used outside of the research setting. The act does not apply to regulated professionals who use or recommend the use of technology in the state that does not diagnose or treat mental health disorders, clearly discloses that the technology is not a substitute for clinical care, and:Provides self-help, therapeutic homework, coaching, patient navigation, guided meditation, journaling, or other tools specified in the act; orIs regulated by the federal food and drug administration. Except as provided in the act, the act also makes it an unfair or deceptive trade practice under the 'Colorado Consumer Protection Act' for an individual, corporation, or entity (person) to use any term, letter, or phrase in the use of an AI system in a manner that:Indicates or implies that the AI system's outputs are provided by, endorsed by, or equivalent to services provided by a regulated professional;Represents that the AI system provides psychotherapy services; orRepresents that a user's data is confidential in a manner that would lead a reasonable user to believe that the privacy of their data is protected in a manner similar to therapist-client confidentiality. The act does not impose liability on a regulated professional for defects in or failures of an AI system that are attributable to the developer or deployer of the AI system. Further, under conditions specified in the act, nothing in the act prohibits a person from developing, testing, or evaluating an AI system solely for research purposes or using an AI system in educational, instructional, or training programs. In addition, it is not an unfair or deceptive trade practice for a person to use a technology that does not diagnose or treat mental health disorders, clearly discloses that the technology is not a substitute for clinical care, and:Provides self-help, therapeutic homework, coaching, patient navigation, guided meditation, journaling, or other tools specified in the act; orIs regulated by the federal food and drug administration.(Note: This summary applies to this bill as enacted.)
The act allows the joint technology committee (JTC), within 90 days after the day that the chief information security officer of the office of information technology (security officer) files a written information technology security compliance report (compliance report) with the JTC as required by the act, to vote to request that the legislative audit committee direct the state auditor to conduct a special information technology security audit (IT security audit) of the office of information technology (OIT) if the compliance report indicates that one or more audit recommendations made by the state auditor is unresolved 2 or more years past the implementation date for the audit recommendation or if a material discrepancy exists between a representation in the compliance report and a previous audit finding. If the JTC votes to request an IT security audit and if the legislative audit committee votes to direct the audit, the act requires:The state auditor to conduct the IT security audit;The state auditor to obtain input from OIT when the state auditor determines the scope and boundaries of the audit;The state auditor to submit the IT security audit report to the legislative audit committee, the JTC, the joint budget committee, and the governor; andOIT to reimburse the state auditor for the auditor's costs incurred in completing the IT security audit. The act requires OIT to establish, maintain, keep, update, and make available to state agency information technology leadership and the members of the JTC a list of all active information technology vendor contracts for state agencies. The act specifies that, except in the case of an information technology security emergency, OIT shall not publish or implement a technical information technology standard, and that the standard is void, unless the standard:Was publicly posted; andReceived approval from the security officer if the standard relates to security, access controls, or the handling of data. The act requires OIT to ensure that, if an information technology contract provides ongoing service and delivery to Coloradans, the contract maintains current architecture diagrams that are updated at least annually. The act prohibits the chief information officer from delegating a duty, responsibility, or power of the security officer. The act requires the security officer to submit 2 annual reports to the JTC. The first report is a written compliance report that includes OIT's current compliance status with applicable security standards; all open audit recommendations regarding OIT made by the state auditor and the date on which each recommendation was made; and a timeline for remediation and a mitigation plan or compensation controls for each open audit recommendation made by the state auditor. The second report is a written statewide information technology security risk report (security risk report) that assesses the overall security risk posture of state agency information technology systems. To support the preparation of the security risk report, the security officer may conduct evaluations of state agency information technology systems, including penetration testing, vulnerability scanning, configuration evaluations, and vendor and system reviews. Each state agency shall provide to the security officer, upon request, the access and information necessary to conduct evaluations of state agency technology systems, including system access, product information, and architecture information. The act requires the security officer, or the chief information officer if the security officer is unavailable, to perform the duties and uphold the responsibilities assigned to the security officer pursuant to law.(Note: This summary applies to this bill as enacted.)
The act makes various updates to language in the 'Workers' Compensation Act of Colorado' to align with technology changes in the division of workers' compensation in the department of labor and employment. These updates include changing current statutory language requiring mailing of documents to allow for electronic mailing or filing of the documents. The act also changes the fund into which an employer or employer's insurance carrier makes payments to the state for a compensable injury resulting in death of a minor without surviving parents from the subsequent injury fund to the Colorado uninsured employer fund.(Note: This summary applies to this bill as enacted.)
Surveillance data is defined in the act as data that is obtained through observation, inference, or surveillance of consumers or workers and that is related to personal characteristics, online behaviors, or biometrics of an individual or group, band, class, or tier to which the individual belongs. The definition of 'worker' in the act excludes federal and state employees and employees of public entities. The act prohibits discrimination against a consumer or worker resulting from the use of a price or wage setting algorithm (PWSA) that uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques to analyze surveillance data, the output of which is a substantial factor in:Individualized price setting used to determine the amount charged to a consumer; orIndividualized wage setting used to determine the wage offered to a worker. The act specifies activities that are not individualized price or wage setting, as well as exemptions from the prohibition on price or wage setting. A person has not engaged in individualized price setting if the person can demonstrate, as described in the act, that differential prices are:Based on differences in the cost in providing a good or service to different consumers, such as delivery distance or temporal differences, such as ride or delivery time;Based on publicly disclosed eligibility criteria to all persons that meet the criteria, such as consumers purchasing in volume, or to all members of a broadly defined group of consumers, such as teachers;Afforded on equal terms to all participants in a loyalty, membership, or rewards program or are offered in response to a consumer complaint, service disruption, request for account cancellation, or similar reason;Offered pursuant to a specified needs-based discount program for reduced pricing related to income or financial need, such as hospital discounted care;Based on a subscription or other continuous agreement that includes a monthly or other recurring price that was not informed by a PWSA; orBased on a refusal to extend credit on specific terms or to enter into a financial transaction based on a consumer's data in a consumer report or data required as part of the application for the financial transaction. A person has not engaged in individualized wage setting if the person can demonstrate, as described in the act, that the person offers individualized wages based solely on data specific to an individual worker that is directly related to worker seniority or the tasks the worker was required to perform, and the person discloses to the worker before hiring, and to all workers whose wages are set in whole or in part by a PWSA, what data is considered and how the PWSA considers the data. A person that uses a PWSA shall develop and publish reasonable procedures to ensure the accuracy of all data considered by the PWSA, for workers to request and receive information about what data is collected, and to correct or challenge data considered by a PWSA. A violation of the prohibition against individualized price or wage setting is a deceptive trade practice under the 'Colorado Consumer Protection Act' and is subject to the enforcement provisions and remedies provided in that act.(Note: This summary applies to this bill as enacted.)
The act defines a 'conversational artificial intelligence service' as an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. Effective January 1, 2027, the act creates requirements and prohibitions for a person, partnership, corporation, or entity that develops and makes publicly available a conversational artificial intelligence service or offers a conversational artificial intelligence service to a consumer (operator). An operator is required to use commercially reasonable methods or generally accepted methods to estimate the age of a consumer who has or opens an account or profile to use a conversational artificial intelligence service (account holder) and the age of other users of a conversational artificial intelligence service. If an operator knows that an account holder or user is a minor, an operator is:Required to provide certain disclosures;Prohibited from providing the minor account holder or minor user with points or rewards to encourage engagement with the conversational artificial intelligence service;Required to institute technically feasible measures to prevent the conversational artificial intelligence service from producing explicit sexual conduct, intimate digital depictions, or statements that simulate emotional dependence;Required to implement a protocol for a conversational artificial intelligence service to stop engaging in response to a user prompt regarding sexual conduct with a minor; andRequired to provide tools for the minor account holder or minor user or a parent or guardian of the minor account holder or minor user to manage the minor account holder's or minor user's privacy and account settings. The act also requires an operator to provide a disclosure to a user that a conversational artificial intelligence service is artificial intelligence, implement a protocol for user prompts regarding suicidal ideation or self-harm, and annually report to the attorney general's office information regarding the protocol the operator is implementing. The act prohibits an operator from stating that any output data provided by a conversational artificial intelligence service is provided by, endorsed by, or equivalent to services provided by certain licensed or certified professionals. The act clarifies that nothing in the act limits an individual's ability to access certain information and resources pursuant to the state constitution, requires an operator to disclose confidential information, or authorizes content moderation practices inconsistent with the United States constitution.(Note: This summary applies to this bill as enacted.)
The act prohibits using an automated driving system to drive a commercial motor vehicle unless an individual who holds a commercial driver's license is in the vehicle, monitors the vehicle's driving, and intervenes, if necessary, to avoid illegal or unsafe driving. The individual must be in the driver's seat if hazardous materials are being transported. The penalty is $1,000 for a first offense, is $2,000 for a second offense, and doubles for each subsequent offense. The act does not apply to a light-duty vehicle or a truck-mounted attenuator. The prohibition is repealed September 1, 2031. The chief of the Colorado state patrol will analyze the act's effects on commercial vehicle safety on highways. By November 1, 2030, the chief of the Colorado state patrol will issue a report to the relevant committees of the house of representatives and senate. The report must make recommendations as whether to continue the prohibition and, if continued, any recommended legislation to improve the prohibition. For the 2026-27 state fiscal year, $14,357 is appropriated to the department of revenue from the Colorado DRIVES vehicle services account in the highway users tax fund to implement the act.(Note: This summary applies to this bill as enacted.)
Existing law requires a county or municipality to publish legal notices in a physical print newspaper. The act requires a newspaper to also publish these notices online, either on its own website or by providing a link on its website to a location where the full text of the notice is available, such as the statewide public notice website. Legal notices published online must be free to access and cannot be kept behind a paywall or subscription. The act also requires the statewide public notice website to include a list of newspapers that meet the requirements to publish legal notices.(Note: This summary applies to this bill as enacted.)
The act defines 3-dimensional printing to mean additive and subtractive manufacturing. The act prohibits knowingly manufacturing or producing a potentially functioning firearm, unfinished frame or receiver, large-capacity magazine, or rapid-fire device (firearm or firearm component) by 3-dimensional printing. The prohibition does not apply to a federally licensed firearm manufacturer, an instructor or student of an accredited gunsmithing program, or an institution that operates an accredited gunsmithing program. Unlawful 3-dimensional printing of a firearm or firearm component is a class 1 misdemeanor; except that a second or subsequent offense is a class 5 felony. The prohibitions in the act only apply to potentially functional firearms and firearm components.(Note: This summary applies to this bill as enacted.)
The act creates new requirements and civil remedies beginning June 1, 2027, related to individuals under 18 years old (minors) who are featured in compensated content on online hosting platforms (online content). A minor is considered to be engaged in content creation work if, over a 12-month period, the following 3 criteria are met:At least 30% of a content creator's online content produced within a 30-day period includes the minor's likeness, name, or photograph;The number of views of the online content meets the online hosting platform's compensation threshold or the content creator receives $0.10 or more per view, including compensation from sponsorships; andThe content creator receives at least $40,000 in actual compensation from the online content. Content creators whose online content features a minor engaged in content creation work must maintain specific records, including:Proof of the minor's age;The total compensation generated; andThe total number of minutes the minor was featured in posts featuring online content. A content creator shall compensate a minor engaged in content creation work by setting aside a portion of the gross earnings into a trust account for the minor until the minor reaches the age of majority or is declared emancipated. A court may distribute money from the trust account to the minor before the minor reaches the age of majority or is declared emancipated upon petition from the trustee and a finding that the money will only be used for specific expenses that solely benefit the minor. An adult or an emancipated minor who was featured as a uniquely identifiable minor in a content creator's post featuring online content on or after June 1, 2027, may request that the content creator delete the post or remove the uniquely identifiable information. The content creator must comply with the request within 72 hours. If the content creator fails to comply after 30 days, the individual may sue for various types of relief, and the online hosting platform must review and take reasonable steps to remove the content unless certain exceptions apply. The act prohibits a person from financially benefiting from knowingly producing or distributing online content of a minor with the intent to sexually gratify or elicit a sexual response in the viewer. Exceptions apply for law enforcement, reporting unlawful activity, legal proceedings, and certain actions engaged in by online hosting platforms. Online hosting platforms are required to develop and implement a risk-based strategy to help mitigate risks related to the monetization of the intentional sexualization of known minors. A civil action may be filed on behalf of a minor for damages, including actual damages, punitive damages, and attorney fees, if a content creator fails to comply with specified provisions of the act.(Note: This summary applies to this bill as enacted.)
