Nearly a year after promising to make changes to an artificial intelligence law before it takes effect, lawmakers left the Colorado State Capitol this week without coming to consensus on any revisions.
They also failed to agree to delay its implementation, and it's uncertain whether they will hold a special session later this year to make changes or wait to address the issue when the legislature reconvenes in January.
Tech companies warn that the law, which is scheduled to go into effect Feb. 1, 2026, would stifle innovation in Colorado and impose an administrative burden on any businesses that use AI. Gov. Jared Polis, Denver Mayor Mike Johnston and Attorney General Phil Weiser have all called on the legislature to delay the law so more work can be done on it.
The AI law passed last year. It requires companies to tell consumers when AI is being used, perform risk assessments and report cases of discrimination. Backers describe it as a consumer protection measure against bias and misuse of AI algorithms.
But Polis has long had concerns. Even as he signed the law last year, he sent a letter to lawmakers pointing out its flaws. He said complying with the law would be difficult for many businesses and that state regulations would curtail innovation. No other state has passed such expansive rules on AI.
The measure's sponsor, Senate Majority Leader Robert Rodriguez, conceded last summer that more work would be needed. But it was not until the end of this year's session that he presented his plan, and when that failed to gain traction, he pulled back from an attempt to delay the law's implementation.
Rodriguez, D-Denver, told reporters at a post-session press conference that he nonetheless believes progress is being made.
"It was always a plan that we needed to adjust a first-in-the-nation policy," he said. "Always the goal of policy is balancing business and innovation and also while being transparent and protective of consumers. ... So I think the problem was getting to that point. I don't think that extending the date would've changed any of that."
Rodriguez said he'll reconvene stakeholders within the next few weeks to try again to come to a solution.
"We will get working, and whether we go into special session or go into next year, we'll be in a much better place with the policy and have more consensus. It's just a lot of work on policy like that."
Republicans differ on special session
The ticking clock on AI is one of two reasons lawmakers are weighing whether to return to Denver later this year for a special session. The other is the possibility of cuts to Medicaid, which would blow a hole in Colorado's budget.
Senate Minority Leader Paul Lundeen, R-Fort Lupton, said the situation is dire enough that revising the AI law should be included in any call for a special session.
"That horse is out of the barn, so to speak," he said. "We need to deal with it as soon as we can deal with it."
But Republicans in the House are less eager to return to the Capitol. House Minority Leader Rose Pugliese, R-Colorado Springs, said her caucus would prefer to leave working out the AI law to a task force that's better versed in the details.
"I don't normally advocate for a special session, so I will continue to not advocate for special sessions," she said. "I think there's a lot of work that can be done in the interim."
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