A committee formed by Gov. Jared Polis to come up with a framework for tweaking a state law regulating “consequential” decision making by artificial intelligence systems released its proposals Tuesday.
This story was produced as part of the Colorado Capitol News Alliance. It first appeared at cpr.org.
The the AI Policy Working Group was tasked with recommending changes to a 2024 law that has never gone into effect because of disagreements about how it should be set up to balance consumer protections with innovation and workability.
The law was originally supposed to take effect last month, but the state legislature delayed its implementation date to June 2026 to give lawmakers more time to tweak the policy.
The working group, in its recommendations, tried to tackle AI transparency and liability, the thorniest issues in the law.
It recommended that Colorado law require that an AI developer describe key parts of the system to clients who use it to make key decisions, known as deployers, on things such as the tool’s intended use, categories of data used to train the system, its limitations, and instructions on appropriate monitoring, and “meaningful human review, where applicable.”
The user of the AI system, under the recommendations, would also need to tell the public, in plain language, the role the AI system played in making a consequential decision. A business, government entity, or school that uses AI to make a consequential decision would also need to provide “a clear and conspicuous notice to consumers.”
When something goes wrong, liability would be assigned to the deployers and developers based on the role they played in what went wrong, the working group recommended.
The attorney general’s office, under the reccomendations, would create rules on disclosures a deployer must provide to a consumer following an adverse outcome involving an AI system.
The working group recommendations still need to be turned into a bill and passed by the legislature this year before taking effect.
“I am very grateful to the hardworking members of the Colorado AI Policy Working Group that have reached a unanimous agreement on AI policy to protect consumers and support innovation in our state,” Polis said in a written statement.
The Colorado Technology Association, which participated in the working group, said it voted to move the framework forward based on “targeted revisions.”
“We look forward to seeing this progress reflected in the forthcoming legislation and to continuing the dialogue on how to protect consumers while enabling innovation to thrive,” said CTA President Brittany Morris Saunders.
Democratic state Rep. Brianna Titone of Arvada was a sponsor of the 2024 law. She said the recommendations are a good place to start, but said it’s not clear that a bill with those parameters could get through the legislative process without significant changes.
“While the voting members did agree, there were many caveats to their ‘yes’ votes. It’s a meaningful step forward, but only if the proposed bill can stay on this trajectory,” Titone said.
Senate Majority Leader Robert Rodriguez, D-Denver, was the main sponsor of the 2024 law. He said he appreciates the task force’s work and looks forward to reading the recommendations.
“The devil’s in the details,” he said. “I’ve expressed to the governor’s office my priority is to make sure that they’re letting the consumer know that they have access to the decision, and an opportunity to correct. Those are my core values.”
Rodriguez said he wants the law to have teeth.
This story was produced by the Capitol News Alliance, a collaboration between KUNC News, Colorado Public Radio, Rocky Mountain PBS, and The Colorado Sun, with support from news outlets throughout the state. Startup funding for the Alliance was provided in part by the Corporation for Public Broadcasting.
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