Colorado Conversational AI Service Operator Requirements (HB 26-1263)
Obligations Covered
Timeline
| Milestone | Date | Notes |
|---|---|---|
| Signed by the Governor | May 29, 2026 | Governor Polis; adds C.R.S. § 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 |
| Operator duties begin | Jan 1, 2027 | § 6-1-1708(2)-(5) apply "on and after January 1, 2027" |
| 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 #
HB 26-1263 was signed 2026-05-29 and adds subsections to C.R.S. § 6-1-1701 and adds § 6-1-1708 to part 17 of article 1 of title 6. SB 26-189, signed two weeks earlier on 2026-05-14, repeals and reenacts that same part 17 effective 2027-01-01 (tracked here as colorado-sb26-189). Whether § 6-1-1708 survives that repeal-and-reenactment unchanged is an open harmonization question for the revisor of statutes, and it lands on the same day these operator duties begin. Unresolved as of 2026-08-03 — no answer is asserted here. Separately, Colorado is the only 2026 state chatbot law that affirmatively requires age estimation by commercially reasonable or generally accepted methods and then deems the estimate to be knowledge of the minor's age, so age-blindness is not a defence. Note also that the age-estimation and willful-disregard sentences sit before the "on and after January 1, 2027" clause in the same paragraph; the 2027-01-01 date is recorded here because the clause governs the operator duties the estimate triggers.
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 | § 6-1-1708 is added to part 17 of article 1 of title 6, so enforcement runs through the Colorado Consumer Protection Act with the Attorney General |
| Penalty amount | HB 26-1263 sets no penalty amount |
| Private right of action | HB 26-1263 creates no private right of action |
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 | Added to part 17 of article 1 of title 6, so enforcement runs through the Colorado Consumer Protection Act with the Attorney General |
| Penalty amount | HB 26-1263 sets no penalty amount |
| Private right of action | HB 26-1263 creates no private right of action |
Minor Engagement, Sexual Content, and Emotional-Dependence Limits #
Colorado sets two different standards of care inside the same subsection: sexual-content controls must be "technically feasible measures" (§ 6-1-1708(2)(c)) while emotional-dependence controls need only "reasonable measures" (§ 6-1-1708(2)(d)), so the sexual-content duty is the more demanding of the two. 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 | Added to part 17 of article 1 of title 6, so enforcement runs through the Colorado Consumer Protection Act with the Attorney General |
| Penalty amount | HB 26-1263 sets no penalty amount |
| Private right of action | HB 26-1263 creates no private right of action |
Minor Privacy, Memory, and Parental Control Tools #
This is the provision with no analogue in the other 2026 state chatbot laws. 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. No other state chatbot statute requires either control. 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 | Added to part 17 of article 1 of title 6, so enforcement runs through the Colorado Consumer Protection Act with the Attorney General |
| Penalty amount | HB 26-1263 sets no penalty amount |
| Private right of action | HB 26-1263 creates no private right of action |
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 | Added to part 17 of article 1 of title 6, so enforcement runs through the Colorado Consumer Protection Act with the Attorney General |
| Penalty amount | HB 26-1263 sets no penalty amount |
| Private right of action | HB 26-1263 creates no private right of action |
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." That carve-out is unique among the 2026 state chatbot laws and rules out the wellness-check escalation pattern several operators use today. 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 | Added to part 17 of article 1 of title 6, so enforcement runs through the Colorado Consumer Protection Act with the Attorney General |
| Penalty amount | HB 26-1263 sets no penalty amount |
| Private right of action | HB 26-1263 creates no private right of action |
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 six months after the operator duties, on 2027-07-01, so the first report covers a period already under the § 6-1-1708(4) protocol. 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 | Added to part 17 of article 1 of title 6, so enforcement runs through the Colorado Consumer Protection Act with the Attorney General |
| Penalty amount | HB 26-1263 sets no penalty amount |
| Private right of action | HB 26-1263 creates no private right of action |
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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