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February 21, 2024 HB 24-1147
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0168
Rep. Joseph; Titone
Sen. Hansen; Buckner
Date:
Bill Status:
Fiscal Analyst:
February 21, 2024
House State Affairs
Hamza Syed | 303-866-4976
hamza.syed@coleg.gov
Bill Topic: CANDIDATE ELECTION DEEPFAKE DISCLOSURES
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill creates new regulations and penalties for using artificial intelligence and
deepfake generated content related to communications about candidates for elected
office. The bill minimally increases state workload and may increase state revenue
beginning in FY 2024-25.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Summary of Legislation
The bill creates new regulations and penalties for using artificial intelligence (AI) and deepfake
generated content related to communications about candidates for elected office. AI-generated
communication without proper disclosure is prohibited. The bill outlines allowable uses and
disclosure requirements for various news/multimedia outlets. Persons alleging violations may
file a complaint with the Secretary of State’s (SOS) office for review, and violators may be fined
civil penalties. In addition, candidates who are the subject of undisclosed AI-generated
communications may file a civil action with the courts for injunctive and other relief/damages.
State Revenue
Violations of disclosure requirements may be subject to a civil penalty by the Secretary of State.
Fine revenue is deposited in the Department of State Cash Fund. As the use of deepfakes and
AI-generated content are emerging issues with limited data, the fiscal note does not estimate
the number of violations that may be levied by the SOS. Assuming a high degree of compliance
by affected campaigns and other individuals and groups involved in elections, new state revenue
is anticipated to be minimal. In addition, filing fee revenue to the Judicial Department may
increase if additional civil cases are filed with the trial courts. Fine and fee revenue is subject to
TABOR. Page 2
February 21, 2024 HB 24-1147
State Expenditures
The bill may increase the workload of the Department of State to receive complaints about
violations, conduct administrative hearings, establish a process for curing violations, conduct
investigations, and enforce the new requirements. Overall, this workload is expected to be
minimal and any additional complaints can be handled by existing staff and the contracted
hearing officer used by the Department of State for election-related hearings. No change in
appropriations is required.
To the extent that additional civil cases are filed by candidates who are the subject of a deepfake
or other prohibited AI-generated content, workload in the trial courts will increase. Any
additional case volume is assumed to be minimal and can be accomplished within existing
resources.
Effective Date
The bill takes effect July 1, 2024, and applies to communications distributed on or after this date.
State and Local Government Contacts
Judicial Secretary of State
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.