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25
13-72-101
13-72-201
13-72-301
13-72-304
13-72-302
13-72-303
13-72-305
13-72-101
13-72-201
13-72-301
13-72-304
13-72-302
13-72-303
13-72-305
0
Office of Artificial Intelligence Policy Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul A. Cutler
Senate Sponsor: Kirk A. Cullimore
LONG TITLE
General Description:
This bill modifies provisions related to the Office of Artificial Intelligence Policy and the
Artificial Intelligence Learning Laboratory Program.
Highlighted Provisions:
This bill:
defines terms;
modifies duties of the Office of Artificial Intelligence Policy;
modifies the Artificial Intelligence Learning Laboratory Program;
modifies provisions related to regulatory agreements; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-72-101
, as enacted by Laws of Utah 2024, Chapter 186
13-72-201
, as enacted by Laws of Utah 2024, Chapter 186
13-72-301
, as enacted by Laws of Utah 2024, Chapter 186
RENUMBERS AND AMENDS:
13-72-401
, (Renumbered from 13-72-302, as enacted by Laws of Utah 2024, Chapter
186)
13-72-402
, (Renumbered from 13-72-303, as enacted by Laws of Utah 2024, Chapter
186)
13-72-403
, (Renumbered from 13-72-305, as enacted by Laws of Utah 2024, Chapter
186)
REPEALS:
13-72-304
, as enacted by Laws of Utah 2024, Chapter 186
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
13-72-101
is amended to read:
13-72-101
. Definitions.
As used in this chapter:
(1)
"Applicant" means a person that applies for participation in the regulatory learning
laboratory.
(2)
(1)
"Agency" means the same as that term is defined in Section
63G-4-103
.
(2)
"Agency head" means the same as that term is defined in Section
63G-4-103
.
(3)
"Artificial intelligence" means a machine-based system that makes predictions,
recommendations, or decisions influencing real or virtual environments.
(3)
(4)
"Artificial intelligence technology" means a computer system, application, or other
product that uses or incorporates one or more forms of artificial intelligence.
(5)
"Audit" means the same as that term is defined in Section
63G-2-103
.
(6)
"Demonstration period" means the period during which:
(a)
regulatory mitigation is in effect in accordance with the terms of a regulatory
mitigation agreement; or
(b)
joint interpretation is in effect in accordance with the terms of a joint interpretation
agreement.
(4)
(7)
"Department" means the Department of Commerce.
(5)
(8)
"Director" means the director of the office.
(6)
(9)
"Executive director" means the executive director of the Department of Commerce.
(10)
"Governmental entity" means:
(a)
the judiciary;
(b)
a state-funded institution of higher education or public education; or
(c)
a political subdivision of the state.
(11)
"Governmental entity head" means the individual or body with ultimate executive or
administrative authority over a governmental entity.
(12)
"Joint interpretation agreement" means an agreement between a participant, the office,
and a relevant agency or governmental entity that clarifies the application of a provision
of state law or rule to artificial intelligence technology.
(7)
(13)
"Learning agenda" means the areas of artificial intelligence applications, risks,
and policy considerations selected by the office for focus by the learning laboratory.
(8)
(14)
"Learning laboratory" means the artificial intelligence analysis and research
program created in Section
13-72-301
.
(9)
(15)
"Office" means the Office of Artificial Intelligence Policy created in Section
13-74-201
13-72-201
.
(16)
"Participant" means a person seeking or holding a regulatory mitigation agreement or a
joint interpretation agreement with the office.
(17)
"Political subdivision" means the same as that term is defined in Section
63G-7-102
.
(18)
"Regulatory mitigation agreement" means an agreement between a participant, the
office, and a relevant agency or a governmental entity described in Section
13-72-401
that:
(a)
permits a participant to use or deploy artificial intelligence technology despite a law
or rule that might impede or interfere with that use or deployment; and
(b)
(i)
sets terms and conditions related to any cure period or similar remedies before
penalties may be assessed;
(ii)
provides for reduced civil fines during the demonstration period; or
(iii)
sets other terms and conditions tailored to identified issues of the artificial
intelligence technology, including reporting requirements and safeguards
necessary for safe and successful use or deployment.
(10)
"Participant" means a person that is accepted to participate in the learning laboratory.
(11)
"Regulatory mitigation agreement" means an agreement between a participant, the
office, and relevant state agencies described in Section
13-72-302
.
(12)
"Regulatory mitigation" means:
(a)
when restitution to users may be required;
(b)
terms and conditions related to any cure period before penalties may be assessed;
(c)
any reduced civil fines during the participation term; and
(d)
other terms tailored to identified issues of the artificial intelligence technology.
Section 2. Section
13-72-201
is amended to read:
13-72-201
. Creation of Office of Artificial Intelligence Policy -- Director
appointed -- Duties and authority.
(1)
There is created in the department the Office of Artificial Intelligence Policy.
(2)
The executive director of the department shall appoint a director to oversee the
management and operations of the office.
(3)
The office shall:
(a)
create and administer an artificial intelligence learning laboratory program;
(b)
consult with businesses and other stakeholders in the state about potential regulatory
proposals;
(c)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, establishing:
(i)
procedures, requirements, and fees to apply to participate in the learning
laboratory program;
(ii)
criteria for invitation, acceptance, denial, or removal of participants;
(iii)
data usage limitations and cybersecurity criteria for participants;
(iv)
(i)
required participant disclosures to consumers;
(v)
(ii)
reporting requirements for participants to the office;
(vi)
(iii)
criteria for limited extension of the participation period; and
(vii)
(iv)
other requirements necessary to administer the learning laboratory; and
(d)
report annually, before November 30, to the Business and Labor Interim Committee
regarding:
(i)
the proposed learning agenda for the learning laboratory;
(ii)
the findings, participation, and outcomes of the learning laboratory;
and
(iii)
any regulatory mitigation or joint interpretation agreements executed by the
office; and
(iii)
(iv)
recommended legislation from findings from the learning laboratory.
(4)
The office may develop and publish guidance and other resources, including best
practices, to inform and educate Utah consumers about artificial intelligence technology.
Section 3. Section
13-72-301
is amended to read:
13-72-301
. Artificial Intelligence Learning Laboratory Program.
(1)
There is established the Artificial Intelligence Learning Laboratory Program, to be
administered by the office.
(2)
The purpose of the learning laboratory is to:
(a)
analyze and research the risks, benefits, impacts, and policy implications of artificial
intelligence technologies to inform the state regulatory framework;
(b)
encourage
development
responsible deployment
of artificial intelligence
technologies in the state;
(c)
evaluate the effectiveness and viability of current, potential, or proposed regulation
on artificial intelligence technologies with artificial intelligence companies; and
(d)
produce findings and recommendations for legislation and regulation of artificial
intelligence.
(3)
(a)
The office shall periodically set a learning agenda for the learning laboratory that
establishes the specific areas of artificial intelligence policy the office intends to
study.
(b)
In establishing the learning agenda, the office may consult with
individuals from
:
(i)
relevant agencies
;
(ii)
governmental entities
;
(ii)
(iii)
industry leaders
relevant industries
;
(iii)
(iv)
academic institutions in the state; and
(iv)
(v)
key stakeholders
other public or private entities
with relevant knowledge,
experience, or expertise in the area.
(c)
In selecting individuals to consult with under Subsection
(3)(b)
, the office shall
consider:
(i)
the individual's knowledge of artificial intelligence technology and applications;
(ii)
the individual's expertise in artificial intelligence policy; and
(iii)
the individual's relevant experience.
(4)
The office may invite and receive an application from a person to participate in the
learning laboratory.
(5)
The office shall establish the procedures and requirements for sending an invitation and
receiving requests to participate in the learning laboratory in accordance with the
purposes of the learning laboratory.
(6)
In selecting participants for the learning laboratory, the office shall consider:
(a)
the relevance and utility of an invitee or applicant's artificial intelligence technology
to the learning agenda;
(b)
the invitee or applicant's expertise and knowledge specific to the learning agenda;
and
(c)
other factors identified by the office as relevant to participation in the learning
laboratory.
(7)
The office shall work with participants to establish benchmarks and assess outcomes of
participation in the learning laboratory.
Section 4. Section
13-72-401
, which is renumbered from Section 13-72-302 is renumbered
and amended to read:
4. Regulatory Mitigation and Joint Interpretation Agreements
13-72-302
13-72-401
. Regulatory mitigation agreements and joint
interpretation agreements.
(1)
A participant who uses or wants to utilize an artificial intelligence technology in the
state may apply for
a
regulatory mitigation
agreement or a joint interpretation agreement
according to criteria and procedures outlined by the office by rule made under Section
13-72-201
.
(2)
The office may grant, on a temporary basis, regulatory mitigation to a participant by
entering into a regulatory mitigation agreement
or a joint interpretation agreement
with
the office and
relevant agencies
relevant agency heads or governmental entity heads
.
(3)
To receive
a
regulatory mitigation
agreement or a joint interpretation agreement
, a
participant must demonstrate that the
applicant
participant
meets eligibility criteria
established in Section
13-72-303
13-72-402
.
(4)
A regulatory mitigation agreement
or a joint interpretation agreement
between a
participant and the office and relevant agencies
or governmental entities
shall specify:
(a)
limitations on scope of the use of the participant's artificial intelligence technology,
including
which may include
:
(i)
the number and types of users;
(ii)
geographic limitations; and
(iii)
other limitations to implementation;
(b)
safeguards to be implemented;
and
(c)
any regulatory mitigation granted to the applicant
.
;
(d)
any required disclosures to consumers; and
(e)
reporting requirements to comply with audits from the office.
(5)
The office shall consult with relevant agencies
and governmental entities
regarding
appropriate terms in a regulatory mitigation agreement
or a joint interpretation agreement
.
(6)
The office shall perform regular audits of a participant's application of artificial
intelligence technology while a regulatory mitigation agreement or a joint interpretation
agreement remains in effect.
(7)
A participant remains subject to all legal and regulatory requirements not expressly
waived or modified by the terms of the regulatory mitigation agreement
or clarified in a
joint interpretation agreement
.
(7)
(8)
(a)
The office may
remove a participant
terminate a regulatory mitigation
agreement or a joint interpretation agreement
at any time and for any reason, and the
participant does not have an expectation of a property right or license to participate in
the learning laboratory.
(b)
A participant
demonstrating
using or deploying
an artificial intelligence technology
that violates legal or regulatory requirements or the terms of
the participation
agreement
a regulatory mitigation agreement or a joint interpretation agreement
may
be immediately removed from further participation and subject to all applicable civil
and criminal penalties.
(8)
(9)
Participation in the learning laboratory
, including signing a regulatory mitigation
agreement or joint interpretation agreement,
does not constitute an endorsement or
approval from the state.
(9)
(10)
The state shall not be responsible for any claims, liabilities, damages, losses, or
expenses arising out of a participant's
:
(a)
involvement in the learning laboratory
.
; or
(b)
actions taken in accordance with a regulatory mitigation agreement or joint
interpretation agreement.
Section 5. Section
13-72-402
, which is renumbered from Section 13-72-303 is renumbered
and amended to read:
13-72-303
13-72-402
. Regulatory mitigation and joint interpretation agreement
eligibility requirements -- Application evaluation and admission.
(1)
To be eligible for
a
regulatory mitigation
agreement or a joint interpretation agreement
,
a participant shall demonstrate to the office that:
(a)
the participant has the technical expertise and capability to responsibly develop
and
test
, implement, and use or supervise the use of
the proposed artificial intelligence
technology;
(b)
the participant has sufficient financial resources to meet obligations during testing;
(c)
the artificial intelligence technology provides potential substantial consumer benefits
that may outweigh identified risks from mitigated enforcement of regulations;
(d)
the participant has an effective plan to monitor and minimize identified risks from
testing; and
(e)
the scale, scope, and duration of proposed testing is appropriately limited based on
risk assessments.
(2)
To evaluate whether
an applicant
a participant
meets eligibility criteria to
receive
obtain a
regulatory mitigation
agreement or a joint interpretation agreement
, the office
may consult with relevant agencies
, governmental entities,
and outside experts regarding
the application.
Section 6. Section
13-72-403
, which is renumbered from Section 13-72-305 is renumbered
and amended to read:
13-72-305
13-72-403
. Agreement extension.
(1)
An
The demonstration period for an
initial regulatory mitigation agreement
shall be in
force for no longer than
or a joint interpretation agreement may not exceed
12 months.
(2)
A participant may request a
single
12-month
extension for participation in the
learning laboratory period
extension of the demonstration period for any regulatory
mitigation agreement or joint interpretation agreement
no later than 30 days before the
end of the
initial 12-month
ongoing demonstration
period.
(3)
The office shall grant or deny an extension request before expiration of
the initial
an
ongoing
demonstration period.
(4)
The office may grant up to two extensions for any regulatory mitigation or joint
interpretation agreement.
Section 7.
Repealer.
Participation in Artificial Intelligence Learning Laboratory.
Section 8.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-3-26 8:45 AM