Colorado Conversational AI Service Operator Requirements (HB 26-1263)
Obligations Covered
Timeline
| Milestone | Date | Notes |
|---|---|---|
| Signed by the Governor | May 29, 2026 | Governor Polis; the act adds § 6-1-1708 and definitions at § 6-1-1701 |
| Act effective | Aug 12, 2026 | Sec. 3 — 12:01 a.m. on the day after the ninety-day post-adjournment referendum window |
| Minor-triggered and general duties begin | Jan 1, 2027 | The date clause governs § 6-1-1708(2)(a)-(h), (3)-(5); the age-estimation sentences before that clause have a separate unresolved operative-time question |
| Harmonized codification | Jan 1, 2027 | The 2026 C.R.S. future text relocates the chatbot section to § 6-1-1710 and harmonizes its definitions with SB 26-189 at § 6-1-1701 |
| Proposed implementing rules filed | Aug 11, 2026 | Colorado Department of Law filed proposed ADMT and Conversational Artificial Intelligence Service rules with the Secretary of State; formal comments remain open through 2026-10-26 |
| Annual attorney general reporting begins | Jul 1, 2027 | § 6-1-1708(6)(a) applies "on and after July 1, 2027" |
Related Regulations and Standards
Related instruments are selected from shared compliance obligations and jurisdiction coverage.
Age Estimation and Minor Identification
The 2026 C.R.S. publishes the section as § 6-1-1708 through 2026-12-31, then expressly harmonizes it with SB 26-189 and relocates it to § 6-1-1710 effective 2027-01-01. The separate predecessor-framework operative history remains unresolved, and no court interpretation is claimed. Colorado requires age estimation by commercially reasonable or generally accepted methods and deems the estimate to be knowledge of the minor's age. The age-estimation and willful-disregard sentences sit before the "on and after January 1, 2027" clause in the same paragraph. The saved pending status and 2027-01-01 date describe the minor-triggered duties in the list, not a resolved conclusion that the preceding age-estimation commands have no effect before 2027. The official bill summary broadly describes 2027 commencement; this textual timing question remains unresolved.
Requirements
| Requirement | Details |
|---|---|
| Estimate user age | Use commercially reasonable methods or generally accepted methods to estimate the age of account holders or users (§ 6-1-1708(2)) |
| No willful disregard | Do not willfully disregard clear and convincing information that an account holder or user is a minor (§ 6-1-1708(2)) |
| Estimate is knowledge | The estimated age or age range of a minor account holder or user is considered knowledge of the minor's age for the whole of § 6-1-1708 (§ 6-1-1708(2)) |
| Minor user definition | A minor user is a user the operator has knowledge is a minor by using commercially reasonable or generally accepted age-estimation methods (§ 6-1-1708(1)(c)) |
| Trigger for minor duties | Where the operator knows an account holder or user is a minor, the duties at § 6-1-1708(2)(a)-(h) apply on and after 2027-01-01 (§ 6-1-1708(2)) |
Penalties
| Violation | Fine |
|---|---|
| Enforcement route | Current § 6-1-1706 assigns Part 17 enforcement exclusively to the Attorney General; from 2027-01-01, § 6-1-1706(1)-(2) directs Attorney General enforcement through the Colorado Consumer Protection Act. Application of the future developer/deployer cure wording to an operator is unresolved. |
| Civil penalty | HB 26-1263 sets no separate dollar figure. The general CCPA ceiling under § 6-1-112(1)(a) is up to USD 20,000 per violation, separately per consumer or transaction, in an Attorney General civil action. Future § 6-1-1706(3) has a 60-day cure notice when the Attorney General deems cure possible for a developer or deployer, subject to its knowing/repeated-violation exception; application to a distinct operator remains unresolved. |
| Private right of action | Part 17 creates no new private right of action; future § 6-1-1706(4) preserves existing state and federal rights and remedies. |
Minor Artificiality Disclosure and Cadence
The disclosure duty is written as prompt-responsive first — it "must be provided in response to user prompts regarding whether the service is artificially generated and not human" — and then specifies the delivery form by product type: a persistent visible disclaimer on screen products, an intermittent audio disclaimer on screenless products, or beginning-of-interaction plus a three-hour cadence. Colorado gives minors the same three-hour interval as adults, unlike Washington ESHB 2225, which drops the minor cadence to one hour.
Requirements
| Requirement | Details |
|---|---|
| Artificiality disclosure | Clearly and conspicuously disclose to the minor account holder or minor user that they are interacting with artificial intelligence that is artificially generated and not human (§ 6-1-1708(2)(a)) |
| Prompt-responsive delivery | The disclosure must be provided in response to user prompts regarding whether the service is artificially generated and not human (§ 6-1-1708(2)(a)) |
| Screen products | A persistent visible disclaimer for a product with a screen interface (§ 6-1-1708(2)(a)(I)) |
| Screenless products | An intermittent audio disclaimer for a product without a screen interface (§ 6-1-1708(2)(a)(II)) |
| Cadence | Provided at the beginning of each interaction and at least once every three hours in a continuous interaction (§ 6-1-1708(2)(a)(III)) |
Penalties
| Violation | Fine |
|---|---|
| Enforcement route | Current § 6-1-1706 assigns Part 17 enforcement exclusively to the Attorney General; from 2027-01-01, § 6-1-1706(1)-(2) directs Attorney General enforcement through the Colorado Consumer Protection Act. Application of the future developer/deployer cure wording to an operator is unresolved. |
| Civil penalty | HB 26-1263 sets no separate dollar figure. The general CCPA ceiling under § 6-1-112(1)(a) is up to USD 20,000 per violation, separately per consumer or transaction, in an Attorney General civil action. Future § 6-1-1706(3) has a 60-day cure notice when the Attorney General deems cure possible for a developer or deployer, subject to its knowing/repeated-violation exception; application to a distinct operator remains unresolved. |
| Private right of action | Part 17 creates no new private right of action; future § 6-1-1706(4) preserves existing state and federal rights and remedies. |
Minor Engagement, Sexual Content, and Emotional-Dependence Limits
Colorado states two different measures inside the same subsection: sexual-content controls must be "technically feasible measures" (§ 6-1-1708(2)(c)) while emotional-dependence controls require "reasonable measures" (§ 6-1-1708(2)(d)). The text does not rank which standard is more demanding in every application. The emotional-dependence list reaches model behaviour rather than interface copy — the service must be prevented from explicitly claiming to be human or artificially sentient, from simulating romantic companionship, and from role-playing an adult-minor romantic relationship. The variable-reward ban at § 6-1-1708(2)(b) targets points or similar rewards at unpredictable intervals intended to increase engagement.
Requirements
| Requirement | Details |
|---|---|
| No variable-interval rewards | Do not provide the minor with points or similar rewards at unpredictable intervals with the intent to encourage increased engagement (§ 6-1-1708(2)(b)) |
| Sexual content controls | Institute technically feasible measures to prevent the service from producing textual, visual, or aural depictions of explicit sexual conduct, producing an intimate digital depiction, generating a statement that the minor should engage in explicit sexual conduct, or engaging in erotic or sexually explicit interactions with the minor (§ 6-1-1708(2)(c)(I)-(IV)) |
| Emotional-dependence controls | Institute reasonable measures to prevent the service from formulating, structuring, or optimizing a response that simulates emotional dependence or isolation from real-world supports (§ 6-1-1708(2)(d)) |
| Named prohibited outputs | Those measures must prevent an explicit claim that the service is human or artificially sentient, a statement that simulates a romantic companionship, and role-playing of an adult-minor romantic relationship (§ 6-1-1708(2)(d)(I)-(III)) |
| Prohibition protocol | Implement a protocol to prohibit the service from engaging in explicit sexual conduct with a minor (§ 6-1-1708(2)(e)) |
| Stop-engagement protocol | Implement a protocol for the service to stop engaging in response to a user prompt regarding explicit sexual conduct with a minor (§ 6-1-1708(2)(f)) |
Penalties
| Violation | Fine |
|---|---|
| Enforcement route | Current § 6-1-1706 assigns Part 17 enforcement exclusively to the Attorney General; from 2027-01-01, § 6-1-1706(1)-(2) directs Attorney General enforcement through the Colorado Consumer Protection Act. Application of the future developer/deployer cure wording to an operator is unresolved. |
| Civil penalty | HB 26-1263 sets no separate dollar figure. The general CCPA ceiling under § 6-1-112(1)(a) is up to USD 20,000 per violation, separately per consumer or transaction, in an Attorney General civil action. Future § 6-1-1706(3) has a 60-day cure notice when the Attorney General deems cure possible for a developer or deployer, subject to its knowing/repeated-violation exception; application to a distinct operator remains unresolved. |
| Private right of action | Part 17 creates no new private right of action; future § 6-1-1706(4) preserves existing state and federal rights and remedies. |
Minor Privacy, Memory, and Parental Control Tools
This provision requires specific minor privacy controls. The minor's own privacy tool must let the user turn off cross-session memory personalization — control over whether the service retains information from prior interactions or sessions to personalize future ones — and separately opt out of having their personal data used to train the service. The source review does not establish whether other states require similar controls. Subsection (2)(g) also bolts on compliance with part 13 of article 1 of title 6, Colorado's existing minor-data privacy regime, so the operator inherits that part's duties by reference rather than restating them.
Requirements
| Requirement | Details |
|---|---|
| Part 13 compliance | Comply with part 13 of article 1 of title 6 regarding protecting the privacy and data of a minor (§ 6-1-1708(2)(g)) |
| Minor privacy and account tools | Offer tools for the minor account holder or minor user to manage their privacy and account settings (§ 6-1-1708(2)(h)(I)) |
| Memory personalization control | Those tools must include the ability to control whether the service retains information from prior interactions or sessions for the purpose of personalizing the content of future interactions (§ 6-1-1708(2)(h)(I)) |
| Training-use control | Those tools must include the ability to control whether the minor's personal data is used for the purposes of training the conversational AI service (§ 6-1-1708(2)(h)(I)) |
| Parent and guardian tools | Offer tools for a parent or guardian of the minor to manage the minor's privacy and account settings (§ 6-1-1708(2)(h)(II)) |
Penalties
| Violation | Fine |
|---|---|
| Enforcement route | Current § 6-1-1706 assigns Part 17 enforcement exclusively to the Attorney General; from 2027-01-01, § 6-1-1706(1)-(2) directs Attorney General enforcement through the Colorado Consumer Protection Act. Application of the future developer/deployer cure wording to an operator is unresolved. |
| Civil penalty | HB 26-1263 sets no separate dollar figure. The general CCPA ceiling under § 6-1-112(1)(a) is up to USD 20,000 per violation, separately per consumer or transaction, in an Attorney General civil action. Future § 6-1-1706(3) has a 60-day cure notice when the Attorney General deems cure possible for a developer or deployer, subject to its knowing/repeated-violation exception; application to a distinct operator remains unresolved. |
| Private right of action | Part 17 creates no new private right of action; future § 6-1-1706(4) preserves existing state and federal rights and remedies. |
General Consumer Disclosure and Licensed-Professional Representation Bar
The general disclosure is unconditional — there is no reasonable-person trigger, so a plainly artificial service still discloses. Colorado's daily-reset cadence is distinctive: the disclosure is owed at the beginning of the user's first interaction for each day of interaction, then either every three hours in a continuous interaction or as a persistent visible disclosure. The false-representation bar at § 6-1-1708(5) covers four named professions — licensed health-care professionals, licensed legal professionals, licensed, certified, or registered mental health professionals, and qualified dietitians as described in § 6-1-707(1)(b) — and reaches advertising and interface copy as well as model outputs. Section 6-1-1708(7) preserves constitutional information access, does not require disclosure of trade secrets or confidential information, and does not authorize content moderation inconsistent with the United States Constitution.
Requirements
| Requirement | Details |
|---|---|
| Artificiality disclosure | Clearly and conspicuously disclose to a user that the conversational AI service is artificial intelligence (§ 6-1-1708(3)) |
| Daily first-interaction timing | Provide the disclosure at the beginning of a user's first interaction with the service for each day of interaction (§ 6-1-1708(3)(a)) |
| Three-hour or persistent cadence | The disclosure must appear at least once every three hours in a continuous interaction, or appear as a persistent disclosure visible to the user (§ 6-1-1708(3)(b)) |
| Prompt-responsive delivery | The disclosure must be provided in response to user prompts regarding whether the service is artificially generated and not human (§ 6-1-1708(3)(c)) |
| No professional-equivalence claims | Do not use any term, letter, or phrase in advertising, the interface, or outputs stating that output data is provided by, endorsed by, or equivalent to services provided by a licensed health-care professional, a licensed legal professional, or a licensed, certified, or registered mental health professional (§ 6-1-1708(5)(a)-(c)) |
| Dietitian claims | The same bar covers claims of equivalence to a qualified dietitian as described in § 6-1-707(1)(b) (§ 6-1-1708(5)(d)) |
| Savings clauses | Nothing in the section limits constitutional information access, requires disclosure of trade secrets or protected confidential information, or authorizes content moderation inconsistent with the United States Constitution (§ 6-1-1708(7)(a)-(c)) |
Penalties
| Violation | Fine |
|---|---|
| Enforcement route | Current § 6-1-1706 assigns Part 17 enforcement exclusively to the Attorney General; from 2027-01-01, § 6-1-1706(1)-(2) directs Attorney General enforcement through the Colorado Consumer Protection Act. Application of the future developer/deployer cure wording to an operator is unresolved. |
| Civil penalty | HB 26-1263 sets no separate dollar figure. The general CCPA ceiling under § 6-1-112(1)(a) is up to USD 20,000 per violation, separately per consumer or transaction, in an Attorney General civil action. Future § 6-1-1706(3) has a 60-day cure notice when the Attorney General deems cure possible for a developer or deployer, subject to its knowing/repeated-violation exception; application to a distinct operator remains unresolved. |
| Private right of action | Part 17 creates no new private right of action; future § 6-1-1706(4) preserves existing state and federal rights and remedies. |
Suicide and Self-Harm Response Protocol
Colorado expressly excludes referral to a law enforcement agency from the crisis protocol — the referral must go to a crisis service provider such as a suicide hotline or crisis text line, and the statute says "but not including a law enforcement agency." The exclusion applies to the required crisis-service referral. The text does not resolve every possible separate welfare-check or escalation practice, and a claim of uniqueness would require a separate comparative source review. The protocol must also carry escalation procedures for repeated or severe crisis indicators, so a single-response referral does not satisfy the section. The ability to sustain suicide or self-harm dialogue is itself part of what pulls a product into scope: several of the § 6-1-1701(3.5)(b) carve-outs are conditioned on the product being unable to maintain or encourage such dialogue.
Requirements
| Requirement | Details |
|---|---|
| Crisis protocol | Implement a protocol for the service to respond to a user prompt regarding suicidal ideation or self-harm (§ 6-1-1708(4)) |
| Crisis service referral | The protocol must include user referral to a crisis service provider such as a suicide hotline, a crisis text line, or another appropriate crisis service (§ 6-1-1708(4)) |
| Law enforcement excluded | The referral expressly does not include a law enforcement agency (§ 6-1-1708(4)) |
| Escalation procedures | The protocol must include escalation procedures for repeated or severe crisis indicators (§ 6-1-1708(4)) |
| Self-harm definition | Self-harm means intentional self-injury, with or without the intent to cause death (§ 6-1-1701(16.5)) |
Penalties
| Violation | Fine |
|---|---|
| Enforcement route | Current § 6-1-1706 assigns Part 17 enforcement exclusively to the Attorney General; from 2027-01-01, § 6-1-1706(1)-(2) directs Attorney General enforcement through the Colorado Consumer Protection Act. Application of the future developer/deployer cure wording to an operator is unresolved. |
| Civil penalty | HB 26-1263 sets no separate dollar figure. The general CCPA ceiling under § 6-1-112(1)(a) is up to USD 20,000 per violation, separately per consumer or transaction, in an Attorney General civil action. Future § 6-1-1706(3) has a 60-day cure notice when the Attorney General deems cure possible for a developer or deployer, subject to its knowing/repeated-violation exception; application to a distinct operator remains unresolved. |
| Private right of action | Part 17 creates no new private right of action; future § 6-1-1706(4) preserves existing state and federal rights and remedies. |
Annual Attorney General Reporting
This is a filing to a regulator, not a website self-disclosure — the contrast with Washington ESHB 2225 and Oregon, which require operators to publish crisis-referral counts themselves. It starts on 2027-07-01. The statute calls for the preceding calendar year's referral count but does not state an exact first filing date, so the first reporting period and its relationship to the 2027-01-01 protocol commencement remain unresolved. The Attorney General may expand the report by determining additional metrics necessary to judge the efficacy and reliability of safeguards, which is an open-ended content hook without a rulemaking procedure attached. Reports must exclude user identifiers and personal information, and measurement must use evidence-based methods.
Requirements
| Requirement | Details |
|---|---|
| Annual filing | Annually report to the Attorney General's office on and after 2027-07-01 (§ 6-1-1708(6)(a)) |
| Referral count | Report the number of times the operator issued a crisis service provider referral notification in the preceding calendar year (§ 6-1-1708(6)(a)(I)) |
| Detection protocols | Report any protocols implemented to detect, remove, and respond to instances of suicidal ideation or self-harm by a user (§ 6-1-1708(6)(a)(II)) |
| Prevention protocols | Report any protocols implemented to prevent a service response about suicidal ideation or self-harm actions (§ 6-1-1708(6)(a)(III)) |
| Attorney-General-determined metrics | Report any additional metrics necessary to determine the efficacy and reliability of implemented safeguards or detection, removal, and response protocols, as determined by the Attorney General (§ 6-1-1708(6)(a)(IV)) |
| No personal information | The report must not include any identifiers or personal information about a user (§ 6-1-1708(6)(b)) |
| Public posting | The Attorney General's office posts data from the reports on its public website (§ 6-1-1708(6)(c)) |
| Evidence-based measurement | For the purpose of creating the report, the operator must use evidence-based methods for measuring suicidal ideation or self-harm (§ 6-1-1708(6)(d)) |
Penalties
| Violation | Fine |
|---|---|
| Enforcement route | Current § 6-1-1706 assigns Part 17 enforcement exclusively to the Attorney General; from 2027-01-01, § 6-1-1706(1)-(2) directs Attorney General enforcement through the Colorado Consumer Protection Act. Application of the future developer/deployer cure wording to an operator is unresolved. |
| Civil penalty | HB 26-1263 sets no separate dollar figure. The general CCPA ceiling under § 6-1-112(1)(a) is up to USD 20,000 per violation, separately per consumer or transaction, in an Attorney General civil action. Future § 6-1-1706(3) has a 60-day cure notice when the Attorney General deems cure possible for a developer or deployer, subject to its knowing/repeated-violation exception; application to a distinct operator remains unresolved. |
| Private right of action | Part 17 creates no new private right of action; future § 6-1-1706(4) preserves existing state and federal rights and remedies. |
Cite this regulation
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Attribution: EveryAILaw, PAICE.work PBC. “Colorado Conversational AI Service Operator Requirements (HB 26-1263)”, EveryAILaw.com, Aug 3, 2026. https://everyailaw.com/regulation/colorado-hb26-1263/
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