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Effective: January 1, 2027 Updated August 4, 2026 · 10 min read

Colorado ADMT Law: What SB 26-189 Means for Your Business

On May 14, 2026, Colorado repealed and replaced its first-in-the-nation AI Act (SB 24-205) with SB 26-189 — a narrower transparency law for “automated decision-making technology” (ADMT), effective January 1, 2027. Here is what survived, what was removed, and exactly what you must do before the effective date.

The old June 30, 2026 deadline no longer exists

SB 24-205 was repealed before any of its duties took effect — there is no Colorado impact-assessment requirement and no risk-management-program mandate. The replacement law, SB 26-189 (C.R.S. §§ 6-1-1701 to 6-1-1709), applies to consequential decisions made on or after January 1, 2027.

What Is SB 26-189?

Colorado Senate Bill 26-189 repealed and reenacted part 17 of the Colorado Consumer Protection Act. It replaces the “high-risk artificial intelligence system” framework of the 2024 AI Act with a regime built around automated decision-making technology (ADMT): technology that processes personal data and uses computation to generate output — predictions, recommendations, classifications, rankings, scores — used to make, guide, or assist a decision about an individual.

The law applies when ADMT materially influences a consequential decision — its output is a non-de-minimis factor that affects the outcome (C.R.S. § 6-1-1701(13)). Instead of impact assessments, it imposes transparency duties: notice, post-adverse-outcome disclosure, data correction, human review, and record keeping.

Who Must Comply?

The law covers two roles — and there is no size, revenue, or headcount threshold:

Developers

Persons doing business in Colorado that create, sell, license, or substantially modify a covered ADMT — or a component designed for one (C.R.S. § 6-1-1701(8)).

Examples: AI hiring software companies, AI credit scoring vendors, AI underwriting tool providers.

Deployers

Persons doing business in Colorado that use a covered ADMT in consequential decisions — even if they didn't build it (C.R.S. § 6-1-1701(7)).

Examples: employers screening applicants with AI, lenders using AI credit scoring, landlords using tenant-screening ADMT.

Employees and job applicants are expressly protected

“Consumer” includes an employee, a Colorado-resident job applicant, and any individual whose access, eligibility, or opportunity in Colorado is evaluated in a consequential decision (C.R.S. § 6-1-1701(4)(b)). A New York-based company hiring remote workers in Denver is covered.

Which Decisions Are “Consequential”?

A consequential decision relates to a consumer's access to, eligibility for, selection for, or compensation for one of seven covered domains (C.R.S. § 6-1-1701(3), (6)):

💼
Employment

Hiring, promotion, compensation — where an employer-employee relationship exists or may be created

🏠
Residential Real Estate

Lease or purchase of residential property in Colorado

💳
Financial / Lending

Credit and financial services decisions

🛡️
Insurance

Underwriting, pricing, coverage, claims adjudication

🏥
Health Care

Health-care services

🎓
Education & Government

Education enrollment/opportunity; essential government services and public benefits

What is NOT covered? (C.R.S. § 6-1-1701(2)(b), (3)(b))

  • Advertising, marketing, product recommendations, search, and content moderation
  • Cybersecurity, anti-fraud, identity verification, AML and sanctions-screening technologies
  • Low-stakes or routine decisions: scheduling, administrative routing, customer-service triage, workflow management
  • Tools that only summarize, organize, or present information for human review without producing an outcome-influencing score, ranking, or inference
  • Calculators, spreadsheets without machine learning, spam filters, firewalls, databases, and similar basic technology

What Must Deployers Do?

If you deploy a covered ADMT affecting Colorado consumers, from January 1, 2027:

1
Give Clear and Conspicuous Notice
Before the ADMT materially influences a decision

Tell the consumer that ADMT was or will be used in a consequential decision affecting them, with instructions for getting more information. A prominent public notice reasonably accessible at points of consumer interaction — for example a link near the application or transaction — satisfies this duty (C.R.S. § 6-1-1704(1)-(2)).

2
Disclose After an Adverse Outcome
Within 30 days of the decision

If the decision denies, terminates, or materially worsens access or terms, provide: a plain-language description of the decision and the ADMT’s role; a simple process to request the ADMT’s name, version, developer, and the types, categories, and sources of personal data used; and an explanation of the consumer’s rights (C.R.S. § 6-1-1704(3)). AG rules due by January 1, 2027 will clarify the content.

3
Enable Correction and Meaningful Human Review
On consumer request after an adverse outcome

Provide instructions for correcting factually incorrect or materially inaccurate personal data used in the decision, and an opportunity for meaningful human review and reconsideration to the extent commercially reasonable. The reviewer must be trained, must not default to the system output, and must have authority to approve, modify, or override the decision (C.R.S. §§ 6-1-1705(1), 6-1-1701(15)).

4
Retain Records
At least 3 years per decision

Keep records reasonably necessary to demonstrate compliance — ADMT version identifiers, changelogs, documentation of material mitigation changes — for at least 3 years after each consequential decision (C.R.S. § 6-1-1703).

What Do Developers Need to Do?

If you sell or license covered ADMT, from January 1, 2027 you must make available to each deployer, in a form that protects trade secrets (C.R.S. § 6-1-1702):

  • A general statement of intended uses and known harmful or inappropriate uses
  • The categories of data — including personal data — used to train the ADMT, to the extent known
  • Known limitations, risks, and circumstances in which the ADMT should not be used
  • Instructions for appropriate use, monitoring, and meaningful human review — plus the information deployers need for their own disclosure duties
  • Notice of material updates and substantial modifications within a reasonable time (public release notes plus direct notice suffice), and 3-year record retention

The duty applies only where the ADMT was marketed, configured, contracted, sold, or licensed to materially influence consequential decisions — and developer liability in discrimination suits is limited to uses the developer intended or contracted for (C.R.S. §§ 6-1-1702(3), 6-1-1707(5)).

What Are the Penalties?

A violation is a deceptive trade practice under the Colorado Consumer Protection Act, enforced exclusively by the Colorado Attorney General — there is no private right of action (C.R.S. §§ 6-1-1706, 6-1-1709):

MechanismAmount / effect
Civil penalty per violation (C.R.S. § 6-1-112(1)(a))Up to $20,000
Each consumer or transaction involvedCounts as a separate violation
Violation committed against an elderly person (§ 6-1-112(1)(c))Up to $50,000
Cure period (§ 6-1-1706(3))60 days after AG notice, where the AG deems cure possible; waived for knowing or repeated violations

The 60-day cure mechanism: what it means

Before enforcing, the Attorney General must issue a notice of violation if the AG deems a cure possible; you then have 60 days to cure. No cure period is required where the AG can demonstrate a knowing or repeated violation — and a cure completed within 60 days of written notice can count as a mitigating factor on penalties (C.R.S. § 6-1-1706(3)). This right-to-cure mechanism itself sunsets January 1, 2030 — after that date the AG is no longer required to offer a cure opportunity before enforcing, cure possible or not. Documentation that you tried to comply is what makes a cure credible.

SB 26-189 vs. the Repealed SB 24-205: What Changed

AspectSB 24-205 (repealed)SB 26-189 (current law)
Core concept"High-risk artificial intelligence systems""Automated decision-making technology" (ADMT) that materially influences a decision
Impact assessmentsRequired initially + annuallyREMOVED — no impact-assessment duty
Risk-management programRequired (NIST AI RMF / ISO 42001)REMOVED
Consumer noticeRequiredRequired — public posting at interaction points suffices
Adverse-outcome disclosureStatement of reasonsPlain-language description + ADMT details within 30 days
Human reviewAppeal where feasibleMeaningful human review, to the extent commercially reasonable
Record retentionVaried3 years, developers and deployers
Effective dateJune 30, 2026 (never reached)January 1, 2027
EnforcementColorado AGColorado AG (exclusive), up to $20,000 per violation, 60-day cure

Your 5-Step SB 26-189 Action Checklist

1

Inventory your ADMT

List every tool that processes personal data and produces scores, rankings, recommendations, or classifications used in decisions about Colorado residents — including employees and applicants.

2

Apply the "materially influence" test

For each tool: is its output a non-de-minimis factor that affects the outcome of a decision in employment, housing, lending, insurance, health care, education, or government services? Incidental or clerical uses are out of scope.

3

Post your ADMT notice

Publish a clear, prominent notice at points of consumer interaction stating that ADMT is used in consequential decisions, with instructions for getting more information.

4

Build the 30-day adverse-outcome disclosure

Prepare the plain-language decision description, the ADMT name/version/developer details, and the data-category summary you must provide within 30 days of an adverse outcome.

5

Stand up human review and record keeping

Designate and train a reviewer with authority to override decisions, create the data-correction request path, and retain compliance records for 3 years.

Get ready for SB 26-189 in 30 minutes

Aegis Firma generates your ADMT notice, adverse-outcome disclosure process, and human-review documentation — mapped to the exact C.R.S. §§ 6-1-1702 to 6-1-1705 duties.

Colorado ADMT Law Guide: What SB 26-189 Means for Your Business | Aegis Firma