Proposed Amendments To The Colorado AI Act

As the regulatory landscape for AI continues to evolve, Colorado is considering significant changes to its recently enacted AI Act (our broader summary of the Act is available here). Senate Bill 318 - which follows nearly a year-long effort by the state's Artificial Intelligence Impact Task Force to address concerns that the AI Act was so far-reaching that it would stifle innovation – would overhaul the AI Act, narrowing its focus and materially reducing the compliance burden on in-scope businesses.

Key Proposed Changes:

• Revised Definitions: The bill amends several key definitions. For example, "algorithmic discrimination" has been redefined to mean "the use of an artificial intelligence system that results in a violation of any applicable local, state, or federal anti-discrimination law...". The definition of "developer" is amended to exclude persons offering systems with open model weights or meeting specified conditions, e.g., if they do not engage in