Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 2-3-1701, amend (1)
and (12) as follows:
2-3-1701. Definitions. As used in this part 17, unless the context
otherwise requires:
(1) "Artificial intelligence" OR "ARTIFICIAL INTELLIGENCE SYSTEM"
means:
(b) ANY MACHINE-BASED SYSTEM THAT, FOR ANY EXPLICIT OR
IMPLICIT OBJECTIVE, INFERS, FROM THE INPUTS THE SYSTEM RECEIVES, HOW
TO GENERATE OUTPUTS, INCLUDING CONTENT, DECISIONS, PREDICTIONS, OR
RECOMMENDATIONS, THAT CAN INFLUENCE PHYSICAL OR VIRTUAL
ENVIRONMENTS.
(12) "Task force" means the ARTIFICIAL INTELLIGENCE IMPACT TASK FORCE created
in section 2-3-1707.
SECTION 2. In Colorado Revised Statutes, repeal and reenact,
with amendments, 2-3-1707 as follows:
2-3-1707. Artificial intelligence impact task force - creation -
membership - duties - compensation - staff support - report -
definitions - repeal. (1) Definitions. AS USED IN THIS SECTION, UNLESS
CONTEXT OTHERWISE REQUIRES:
(a) "ALGORITHMIC DISCRIMINATION" MEANS ANY CONDITION IN
WHICH THE USE OF AN AUTOMATED DECISION SYSTEM OR ARTIFICIAL
INTELLIGENCE SYSTEM RESULTS IN AN UNLAWFUL DIFFERENTIAL TREATMENT
OR IMPACT THAT DISFAVORS AN INDIVIDUAL ORA GROUP OF INDIVIDUALS ON
THE BASIS OF THEIR ACTUAL OR PERCEIVED AGE, COLOR, DISABILITY,
ETHNICITY, GENETIC INFORMATION, LIMITED PROFICIENCY IN THE ENGLISH
LANGUAGE, NATIONAL ORIGIN, RACE, RELIGION, REPRODUCTIVE HEALTH,
SEX, VETERAN STATUS, OR OTHER CLASSIFICATION PROTECTED UNDER THE
LAWS OF THIS STATE OR UNDER FEDERAL LAW.
(b) "AUTOMATED DECISION SYSTEM" MEANS ANY SYSTEM THAT IS
USED TO MAKE OR ASSIST IN DECISIONS THAT IMPACT THE LIVES OF
CONSUMERS AND THAT IS BASED IN WHOLE OR IN SIGNIFICANT PART ON
ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, COMPUTERIZED
ALGORITHMS, AUTOMATED STATISTICAL OR PROBABILISTIC MODELING, OR
SIMILAR TECHNIQUES.
(c) "BIOMETRIC TECHNOLOGY" MEANS A TECHNOLOGY THAT USES,
COLLECTS, OR ANALYZES DATA GENERATED BY THE TECHNOLOGICAL
PROCESSING, MEASUREMENT, OR ANALYSIS OF AN INDIVIDUAL'S BIOLOGICAL,
PHYSICAL, OR BEHAVIORAL CHARACTERISTICS, WHICH DATA CAN BE
PROCESSED FOR THE PURPOSE OF UNIQUELY IDENTIFYING AN INDIVIDUAL.
(d) "CONSUMER" MEANS AN INDIVIDUAL WHO IS A COLORADO
RESIDENT.
(e) "DEPLOY" MEANS TO USE AN ARTIFICIAL INTELLIGENCE SYSTEM
OR AUTOMATED DECISION SYSTEM.
(f) "DEPLOYER" MEANS A PERSON DOING BUSINESS IN THIS STATE
THAT DEPLOYS AN ARTIFICIAL INTELLIGENCE SYSTEM OR AUTOMATED
DECISION SYSTEM.
(g) "DEVELOPER" MEANS A PERSON DOING BUSINESS IN THIS STATE
THAT DEVELOPS OR INTENTIONALLY AND SUBSTANTIALLY MODIFIES AN
ARTIFICIAL INTELLIGENCE SYSTEM OR AUTOMATED DECISION SYSTEM.
(2) Creation - membership. (a) THERE IS CREATED THE ARTIFICIAL
INTELLIGENCE IMPACT TASK FORCE FOR THE PURPOSES OF CONSIDERING
ISSUES AND PROPOSING RECOMMENDATIONS REGARDING PROTECTIONS FOR
CONSUMERS AND WORKERS FROM ARTIFICIAL INTELLIGENCE SYSTEMS AND
AUTOMATED DECISION SYSTEMS.
(b) THE TASK FORCE CONSISTS OF THE FOLLOWING MEMBERS:
(I) ONE MEMBER WHO REPRESENTS AN ORGANIZATION THAT
ADVOCATES ON BEHALF OF INDIVIDUALS WHO HAVE HISTORICALLY
EXPERIENCED ALGORITHMIC DISCRIMINATION BY ARTIFICIAL INTELLIGENCE
SYSTEMS OR AUTOMATED DECISION SYSTEMS, TO BE APPOINTED BY THE
GOVERNOR;
(II) ONE MEMBER WHO IS RECOMMENDED BY CONSENSUS FROM A
COALITION OF STATEWIDE LABOR ORGANIZATIONS ACTIVELY INVOLVED IN
REPRESENTING THE WORKFORCE IMPACTED BY ARTIFICIAL INTELLIGENCE
SYSTEMS OR AUTOMATED DECISION SYSTEMS, TO BE APPOINTED BY THE
PRESIDENT OF THE SENATE;
(III) ONE MEMBER WHO REPRESENTS A STATEWIDE CIVIL LIBERTIES
ORGANIZATION, TO BE APPOINTED BY THE PRESIDENT OF THE SENATE;
(IV) ONE MEMBER WHO REPRESENTS AN ORGANIZATION THAT
ADVOCATES ON BEHALF OF INDIVIDUALS WITH DISABILITIES, TO BE
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES;
(V) ONE MEMBER WHO REPRESENTS A NATIONAL NONPROFIT,
NONPARTISAN ORGANIZATION THAT FOCUSES ON TECHNOLOGY, POLICY, AND
CIVIL RIGHTS, TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES;
(VI) THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL'S
DESIGNEE;
(VII) ONE MEMBER WHO IS A STATE REPRESENTATIVE, TO BE
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES;
(VIII) ONE MEMBER WHO IS A STATE REPRESENTATIVE, TO BE
APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES;
(IX) ONE MEMBER WHO IS A STATE SENATOR, TO BE APPOINTED BY
THE PRESIDENT OF THE SENATE;
(X) ONE MEMBER WHO IS A STATE SENATOR, TO BE APPOINTED BY
THE MINORITY LEADER OF THE SENATE;
(XI) ONE MEMBER WHO REPRESENTS A STATEWIDE ORGANIZATION
OF BUSINESS PROFESSIONALS, TO BE APPOINTED BY THE GOVERNOR;
(XII) ONE MEMBER WHO REPRESENTS A NONPROFIT ORGANIZATION
THAT IS FOCUSED ON PRIVACY AND THAT HAS A MEMBERSHIP CONSISTING OF
DEVELOPERS AND DEPLOYERS, TO BE APPOINTED BY THE PRESIDENT OF THE
SENATE;
(XIII) ONE MEMBER WHO REPRESENTS A DEPLOYER, TO BE
APPOINTED BY THE PRESIDENT OF THE SENATE;
(XIV) ONE MEMBER WHO REPRESENTS A DEVELOPER, TO BE
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES;
(XV) ONE MEMBER WHO REPRESENTS AN INDUSTRY ASSOCIATION
THAT REPRESENTS DEVELOPERS OR DEPLOYERS, TO BE APPOINTED BY THE
MINORITY LEADER OF THE SENATE;
(XVI) ONE MEMBER WHO IS A REPRESENTATIVE FROM ACADEMIA OR
A NATIONAL NONPROFIT, NONPARTISAN ORGANIZATION THAT FOCUSES ON
LEGAL CONSIDERATIONS RELEVANT TO ARTIFICIAL INTELLIGENCE SYSTEMS
OR AUTOMATED DECISION SYSTEMS, TO BE APPOINTED BY THE PRESIDENT OF
THE SENATE;
(XVII) ONE MEMBER WHO HAS EXPERTISE IN THE QUANTITATIVE
EVALUATION OF ARTIFICIAL INTELLIGENCE OR AUTOMATED DECISION
SYSTEMS FOR DISPARATE PERFORMANCE, MISUSE, OR BIAS, TO BE APPOINTED
BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES;
(XVIII) ONE MEMBER WHO IS A REPRESENTATIVE FROM ACADEMIA
OR A NATIONAL NONPROFIT, NONPARTISAN ORGANIZATION WITH
KNOWLEDGE OF THE HISTORICAL DEVELOPMENT AND IMPLEMENTATION OF
LEGISLATION, REGULATION, OR CODES OF CONDUCT REQUIRING DISCLOSURE,
SAFETY PLANNING, THE DEVELOPMENT OF PROFESSIONAL STANDARDS, OR
MONITORING RELATED TO ARTIFICIAL INTELLIGENCE SYSTEMS OR
AUTOMATED DECISION SYSTEMS, TO BE APPOINTED BY THE SPEAKER OF THE
HOUSE OF REPRESENTATIVES;
(XIX) THE CHIEF INFORMATION OFFICER OF THE OFFICE OF
INFORMATION TECHNOLOGY, WHO IS APPOINTED BY THE GOVERNOR
PURSUANT TO SECTION 24-37.5-103 (1), OR THE CHIEF INFORMATION
OFFICER'S DESIGNEE;
(XX) ONE MEMBER WHO REPRESENTS AN ORGANIZATION THAT
ADVOCATES FOR CONSUMERS AND THE FIRST AMENDMENT, TO BE APPOINTED
BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES;
(XXI) ONE MEMBER WHO REPRESENTS AN ORGANIZATION THAT
ADVOCATES FOR SCHOOLS, SCHOOL DISTRICTS, TEACHERS, STUDENTS, AND
THE EDUCATION COMMUNITY, TO BE APPOINTED BY THE SPEAKER OF THE
HOUSE OF REPRESENTATIVES;
(XXII) ONE MEMBER WHO IS A REPRESENTATIVE FROM AN
ORGANIZATION THAT ADVOCATES FOR LAW ENFORCEMENT AGENCIES, TO BE
APPOINTED BY THE PRESIDENT OF THE SENATE;
(XXIII) ONE MEMBER WHO IS A REPRESENTATIVE FROM AN
ORGANIZATION THAT REPRESENTS SMALL BUSINESS DEPLOYERS AND SMALL
BUSINESS DEVELOPERS, TO BE APPOINTED BY THE GOVERNOR;
(XXIV) ONE MEMBER WHO IS A TECHNOLOGY EXPERT FROM AN
ORGANIZATION THAT REPRESENTS HEALTH-CARE, BIOSCIENCE, OR MEDICAL
PRACTITIONERS, TO BE APPOINTED BY THE GOVERNOR;
(XXV) ONE MEMBER WHO IS A TECHNOLOGY EXPERT FROM THE
SECURITY TECHNOLOGY INDUSTRY, TO BE APPOINTED BY THE GOVERNOR;
AND
(XXVI) ONE MEMBER WHO IS AN EXPERT IN FINANCE AND FINANCIAL
TECHNOLOGY, TO BE APPOINTED BY THE GOVERNOR.
(c) (I) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE
PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE HOUSE OF
REPRESENTATIVES, THE MINORITY LEADER OF THE SENATE, AND THE
GOVERNOR SHALL MAKE EACH OF THE INITIAL APPOINTMENTS DESCRIBED IN
SUBSECTION (2)(b) OF THIS SECTION BEFORE AUGUST 1, 2024.
(II) BEFORE AUGUST 1, 2024, THE PRESIDENT OF THE SENATE SHALL
APPOINT THE CHAIR OF THE TASK FORCE AND THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES SHALL APPOINT THE VICE-CHAIR OF THE TASK FORCE.
THEREAFTER, THE CHAIR OF THE TASK FORCE SHALL BE APPOINTED
ANNUALLY ON OR BEFORE JULY 1, WITH THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES APPOINTING THE CHAIR IN ODD-NUMBERED YEARS AND
THE PRESIDENT OF THE SENATE APPOINTING THE CHAIR IN EVEN-NUMBERED
YEARS.
(d) ANY VACANCY THAT OCCURS AMONG THE APPOINTED MEMBERS
OF THE TASK FORCE SHALL BE FILLED BY THE APPROPRIATE APPOINTMENT
AUTHORITY AS SOON AS PRACTICABLE IN ACCORDANCE WITH THE
LIMITATIONS SPECIFIED IN SUBSECTION (2)(b) OF THIS SECTION.
(e) IN MAKING THE APPOINTMENTS TO THE TASK FORCE, THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT OF THE
SENATE, THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, THE
MINORITY LEADER OF THE SENATE, AND THE GOVERNOR SHALL STRIVE TO
ENSURE THAT THE MEMBERSHIP OF THE TASK FORCE:
(I) REFLECTS THE ETHNIC, CULTURAL, AND GENDER DIVERSITY OF
THE STATE;
(II) INCLUDES REPRESENTATION FROM ALL AREAS OF THE STATE,
INCLUDING INDIVIDUALS WHO DO NOT RESIDE IN THE FRONT RANGE REGION
OF THE STATE;
(III) To THE EXTENT PRACTICABLE, INCLUDES INDIVIDUALS WITH
DISABILITIES; AND
(IV) INCLUDES REPRESENTATION FROM COMMUNITIES THAT HAVE
HISTORICALLY EXPERIENCED ALGORITHMIC DISCRIMINATION BY ARTIFICIAL
INTELLIGENCE SYSTEMS AND AUTOMATED DECISION SYSTEMS.
(f) AN EMPLOYER OF ANY TASK FORCE MEMBER SHALL NOT
DISCRIMINATE, TAKE ADVERSE ACTION, OR RETALIATE AGAINST ANY
WORKER BASED ON THE WORKER SERVING ON THE TASK FORCE, INCLUDING
IF THE WORKER RAISES A REASONABLE CONCERN ABOUT WORKPLACE
VIOLATIONS OF HEALTH OR SAFETY RULES OR OTHER SIGNIFICANT
WORKPLACE THREATS TO HEALTH OR SAFETY TO THE EMPLOYER, THE
EMPLOYER'S AGENT, OTHER WORKERS, A GOVERNMENT AGENCY, OR THE
PUBLIC, IF THE EMPLOYER CONTROLS THE WORKPLACE CONDITIONS THAT
GIVE RISE TO THE VIOLATION OF OR THREAT TO WORKPLACE HEALTH OR
SAFETY.
(3) Issues of study. THE TASK FORCE SHALL CONSIDER ISSUES AND
PROPOSE POLICY RECOMMENDATIONS TO THE COMMITTEE RELATED TO:
(a) THE DEFINITION OF KEY TERMS, INCLUDING "ARTIFICIAL
INTELLIGENCE SYSTEM" AND "AUTOMATED DECISION SYSTEM" AND TYPES
OF ARTIFICIAL INTELLIGENCE SYSTEMS AND AUTOMATED DECISION SYSTEMS
THAT ANY STATE LEGISLATION OR POLICY SHOULD COVER;
(b) ESTABLISHING NOTICE, EXPLANATION, AND OTHER
TRANSPARENCY AND DISCLOSURE REQUIREMENTS FOR COMPANIES THAT
DEVELOP OR DEPLOY ARTIFICIAL INTELLIGENCE SYSTEMS AND AUTOMATED
DECISION SYSTEMS THAT IMPACT THE LIVES OF CONSUMERS AND WORKERS;
(c) DEVELOPING RECOMMENDATIONS FOR HOW TO PROTECT
DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS FROM
ALGORITHMIC DISCRIMINATION;
(d) CREATING A CODE OF CONDUCT OR ESTABLISHING BEST
PRACTICES FOR EVALUATING THE ETHICAL AND EQUITABLE IMPACT OF USING
ARTIFICIAL INTELLIGENCE SYSTEMS AND AUTOMATED DECISION SYSTEMS,
INCLUDING SPECIFIC DECISION-MAKING FRAMEWORKS, BENCHMARKS,
SAFETY STANDARDS, AND METRICS;
(e) DEVELOPING CLEAR QUANTITATIVE BENCHMARKS AND METRICS
BY WHICH TO MEASURE OR ASSESS ALGORITHMIC DISCRIMINATION;
(f) DEVELOPING RECOMMENDATIONS FOR HOW GOVERNMENT
AGENCIES, DEVELOPERS, DEPLOYERS, AND THIRD-PARTY AUDITORS CAN
MONITOR FOR ALGORITHMIC DISCRIMINATION AND VERIFY CLAIMS MADE BY
DEVELOPERS AND DEPLOYERS ABOUT ARTIFICIAL INTELLIGENCE SYSTEMS
AND AUTOMATED DECISION SYSTEMS;
(g) DEVELOPING BEST PRACTICES FOR GATHERING, DOCUMENTING,
REPORTING, AND SHARING DATA AND INFORMATION NECESSARY FOR
ASSESSING ALGORITHMIC DISCRIMINATION AND VERIFYING THE CLAIMS OF
DEVELOPERS AND DEPLOYERS;
(h) DEVELOPING RECOMMENDATIONS FOR HOW THE STATE CAN
SECURE THE KNOWLEDGE AND SKILL NECESSARY TO EFFECTIVELY GOVERN
ARTIFICIAL INTELLIGENCE SYSTEMS AND AUTOMATED DECISION SYSTEMS
THROUGH EXPERT CONSULTATION, HIRING, AND ANY OTHER MECHANISMS
DEEMED APPROPRIATE BY THE TASK FORCE;
(i) DEVELOPING RECOMMENDATIONS FOR SECURING MORE AND
BETTER COMMITMENTS FROM DEVELOPERS AND DEPLOYERS OF ARTIFICIAL
INTELLIGENCE SYSTEMS AND AUTOMATED DECISION SYSTEMS TO ADDRESS
ALGORITHMIC DISCRIMINATION; AND
(j) DEVELOPING RECOMMENDATIONS RELATED TO THE USE OF FACIAL
RECOGNITION SERVICES AND BIOMETRIC TECHNOLOGY.
(4) Additional duties of the task force. (a) (I) THE MEMBER WHO
IS APPOINTED AS CHAIR OF THE TASK FORCE PURSUANT TO SUBSECTION
(2)(c)(II) OF THIS SECTION SHALL CALL THE FIRST MEETING OF THE TASK
FORCE.
(II) THE TASK FORCE SHALL HOLD ITS FIRST MEETING ON OR BEFORE 
SEPTEMBER 1, 2024.
(b) (I) THE TASK FORCE SHALL MEET AT LEAST FIVE TIMES, WHICH
MEETINGS MAY BE ONLINE OR IN PERSON, AND SHALL ALLOW FOR VIRTUAL
PARTICIPATION AT ANY IN-PERSON MEETINGS.
(II) THE TASK FORCE SHALL POST MEETING SUMMARIES OF ITS
MEETINGS, ANY DRAFT POLICY RECOMMENDATIONS, AND THE FINAL REPORT
ON THE COMMITTEE'S PUBLIC WEBSITE.
(c) ON OR BEFORE FEBRUARY 1, 2025, THE TASK FORCE SHALL
SUBMIT A REPORT TO THE COMMITTEE AND THE GOVERNOR'S OFFICE THAT
SUMMARIZES THE TASK FORCE'S FINDINGS AND POLICY RECOMMENDATIONS
RELATED TO THE ISSUES OF STUDY DESCRIBED IN SUBSECTION (3) OF THIS
SECTION.
(d) THE TASK FORCE MAY SOLICIT AND SEEK INPUT AND
PARTICIPATION FROM RELEVANT COMMUNITIES AND STAKEHOLDERS IN
CONDUCTING THE TASK FORCE'S MEETINGS AND COMPILING THE FINAL
REPORT OF THE TASK FORCE.
(e) THE TASK FORCE SHALL CONTINUE TO MEET AS NECESSARY AFTER
IT SUBMITS THE REPORT REQUIRED BY SUBSECTION (4)(c) OF THIS SECTION,
AS DETERMINED BY THE TASK FORCE, UNTIL THE TASK FORCE IS SCHEDULED
FOR REVIEW PURSUANT TO SUBSECTION (6) OF THIS SECTION.
(4) Compensation. NONLEGISLATIVE MEMBERS OF THE TASK FORCE
AND NONLEGISLATIVE MEMBERS OF ANY SUBCOMMITTEES OF THE TASK
FORCE SERVE WITHOUT COMPENSATION. COMPENSATION OF LEGISLATIVE
MEMBERS IS PAID FROM APPROPRIATIONS TO THE GENERAL ASSEMBLY IN
ACCORDANCE WITH SECTION 2-2-307.
(5) Staff support. THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE
COUNCIL MAY SUPPLY STAFF ASSISTANCE TO THE TASK FORCE AS THE
DIRECTOR OF RESEARCH DEEMS APPROPRIATE, SUBJECT TO AVAILABLE
APPROPRIATIONS. THE TASK FORCE MAY ALSO ACCEPT GIFTS, GRANTS, AND
DONATIONS FOR STAFF SUPPORT FROM THE PRIVATE SECTOR, WHICH GIFTS,
GRANTS, AND DONATIONS SHALL BE TRANSMITTED TO THE STATE
TREASURER, WHO SHALL CREDIT THE MONEY TO THE LEGISLATIVE
DEPARTMENT CASH FUND CREATED IN SECTION 2-2-1601 (1)(a).
(6) Repeal. THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1,
2027. PRIOR TO THE REPEAL, THE TASK FORCE IS SCHEDULED FOR REVIEW IN
ACCORDANCE WITH SECTION 2-3-1203.
SECTION 3. In Colorado Revised Statutes, 2-3-1203, amend
(18.5)(a)(III) as follows:
2-3-1203. Sunset review of advisory committees - legislative
declaration - definition - repeal. (18.5) (a) The following statutory
authorizations for the designated advisory committees will repeal on
September 1, 2027:
(III) The task ARTIFICIAL INTELLIGENCE IMPACT TASK FORCE created in section
2-3-1707.
SECTION 4. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions. 