On February 13, 2024, Senate Bill 149 for the Artificial Intelligence Policy Act had its third reading in the Utah State Senate, following its introduction in the Senate on January 26, 2024.

Definitions

The bill provides definitions for terms including, 'generative artificial intelligence' and 'artificial intelligence technology' among others.

'Artificial intelligence' itself is defined as 'a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.'

Authorities

The bill provides for the establishment of the Office of Artificial Intelligence Policy (the Office), responsible for:

• creating and administering an artificial intelligence (AI) learning laboratory program (the Program);
• consulting with businesses and stakeholders about regulatory proposals; and
• making rules establishing:
  • procedures, requirements, and fees to apply to participate in the Program;
  • criteria for invitation;
  • required disclosures to consumers; and
  • reporting requirements to the Office.

The bill also sets out the purpose of the Program to analyze and research AI technologies informing the State regulatory framework, while the Office is stipulated to establish and assess the outcomes of participation in the Program.

Regulatory mitigation

Participants who want to use AI technology in Utah can apply for regulatory mitigation, subject to specific criteria that must be provided to the Office. Eligibility for regulatory mitigation is also subject to technical expertise, sufficient financial resources, and an effective plan to monitor and minimize identified risks from testing, among other things. A regulatory mitigation agreement between the Office for Artificial Intelligence Policy and an agency must specify:

• the limitations on the scope of the use of the AI technology including the numbers and types of users, geographic limitations, and other limitations and implementations;
• safeguards to be implemented; and
• any regulatory mitigation granted to the applicant.

The bill defines 'regulatory mitigation' as:

• when restitution to users may be required;
• terms and conditions related to any cure period before penalties may be assessed;
• any reduced civil fines during the participation term; and
• other terms tailored to identified issues of the AI technology.

The bill provides for its entrance into effect on May 1, 2024, subject to its passage.

You can read the bill and track its progress here.

Update: February 22, 2024

Bill proceeds to House 

On February 20, 2024, the bill received a favorable recommendation from the House Economic Development and Workforce Services Committee but was returned to the House Rules Committee, on February 21, 2024, for its fiscal impact. 

You can read the bill and track its progress here.

Update: February 28, 2024

Bill read for a second time

On February 27, 2024, the bill was read for the second time and was scheduled for its third reading. 

You can read the bill and track its progress here.

Update: February 29, 2024

Bill passes third reading and sent to be enrolled

On February 28, 2024, the bill passed its third reading in the House and was thereafter signed by the Speaker of the House and Senate President on the same date. The bill was subsequently sent to be enrolled and must be signed by the Governor of Utah.

You can read the bill and track its progress here.

Update: March 18, 2024

Bill signed by Governor

On March 13, 2024, the bill was signed by the Governor of Utah. 

The bill enters into effect on May 1, 2024.

You can read the bill and track its progress here.

Update: May 1, 2024

AI Policy Act enters into effect

On May 1, 2024, the AI Policy Act entered into force.

You can read the Act and track its progress here.