Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 226 (2025GS)

Sponsor

Sen. Cullimore, Kirk A.

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires certain disclosures when generative artificial intelligence is used in consumer transactions and regulated services;
• establishes liability for violations of consumer protection laws involving artificial intelligence;
• provides a safe harbor for certain disclosures;
• grants rulemaking and enforcement authority to the Division of Consumer Protection;
• establishes penalties for violations; and
• extends the repeal date of the Artificial Intelligence Policy Act.

Every vote on this bill

Bill text

20
13-2-12
13-75-101
13-75-102
13-75-103
13-75-104
13-75-105
13-75-106
63I-2-213
0
Artificial Intelligence Consumer Protection Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: Jefferson Moss
LONG TITLE
General Description:
This bill enacts provisions related to the use of generative artificial intelligence in consumer 
transactions and regulated services.
Highlighted Provisions:
This bill:
defines terms;
requires certain disclosures when generative artificial intelligence is used in consumer 
transactions and regulated services;
establishes liability for violations of consumer protection laws involving artificial 
intelligence;
provides a safe harbor for certain disclosures;
grants rulemaking and enforcement authority to the Division of Consumer Protection;
establishes penalties for violations; and
extends the repeal date of the Artificial Intelligence Policy Act.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63I-2-213
, 
Effective 
upon governor's approval
 as last amended by Laws of Utah 2024, 
Third Special Session, Chapter 5
ENACTS:
13-75-101
, 
Effective 
05/07/25
 Utah Code Annotated 1953
13-75-102
, 
Effective 
05/07/25
 Utah Code Annotated 1953
13-75-103
, 
Effective 
05/07/25
 Utah Code Annotated 1953
13-75-104
, 
Effective 
05/07/25
 Utah Code Annotated 1953
13-75-105
, 
Effective 
05/07/25
 Utah Code Annotated 1953
13-75-106
, 
Effective 
05/07/25
 Utah Code Annotated 1953
REPEALS:
13-2-12
, 
Effective 
05/07/25
 as enacted by Laws of Utah 2024, Chapter 186
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
13-75-101
 is enacted to read:
13-75-101
Effective 
05/07/25
. Definitions.
As used in this chapter:
(1)
"Artificial intelligence technology" means the same as that term is defined in Section 
13-72-101
.
(2)
"Consumer transaction" means the same as that term is defined in Section 
13-11-3
.
(3)
"Division" means the Division of Consumer Protection created in Section 
13-2-1
.
(4)
"Generative artificial intelligence" means an artificial intelligence technology system 
that:
(a)
is trained on data;
(b)
is designed to simulate human conversation with a consumer through one or more of 
the following:
(i)
text;
(ii)
audio; or
(iii)
visual communication; and
(c)
generates non-scripted outputs similar to outputs created by a human, with limited or 
no human oversight.
(5)
"High-risk artificial intelligence interaction" means an interaction with generative 
artificial intelligence that involves:
(a)
the collection of sensitive personal information, including:
(i)
health data;
(ii)
financial data; or
(iii)
biometric data;
(b)
the provision of personalized recommendations, advice, or information that could 
reasonably be relied upon to make significant personal decisions, including the 
provision of:
(i)
financial advice or services;
(ii)
legal advice or services;
(iii)
medical advice or services; or
(iv)
mental health advice or services; or
(c)
other applications as defined by division rule.
(6)
"License" means a state-granted authorization for an individual to engage in a specified 
occupation:
(a)
based on the individual meeting personal qualifications established under state law; 
and
(b)
that is required before the individual may lawfully engage in the occupation for 
compensation.
(7)
"Office" means the Office of Artificial Intelligence Policy created in Section 
13-74-201
.
(8)
"Regulated occupation" means an occupation that:
(a)
is regulated by the Department of Commerce; and
(b)
requires an individual to obtain a license or state certification to practice the 
occupation.
(9)
"State certification" means a state-granted authorization that:
(a)
permits an individual to use the term "state certified" as part of a designated title 
related to a specified occupation:
(i)
based on the individual meeting personal qualifications established under state 
law; and
(ii)
where state law prohibits a noncertified individual from using the term "state 
certified" as part of a designated title; and
(b)
does not prohibit a noncertified individual from engaging in the occupation for 
compensation.
(10)
"Supplier" means the same as that term is defined in Section 
13-11-3
.
Section 2, Section 
13-75-102
 is enacted to read:
13-75-102
Effective 
05/07/25
. Liability for violation of consumer protection law.
It is not a defense to the violation of any statute administered and enforced by the 
division under Section 
13-2-1
 that generative artificial intelligence:
(1)
made the violative statement;
(2)
undertook the violative act; or
(3)
was used in furtherance of the violation.
Section 3, Section 
13-75-103
 is enacted to read:
13-75-103
Effective 
05/07/25
. Required disclosures.
(1)
(a)
A supplier that uses generative artificial intelligence to interact with an individual 
in connection with a consumer transaction shall disclose to the individual that the 
individual is interacting with generative artificial intelligence and not a human, if the 
individual asks or otherwise prompts the supplier about whether artificial intelligence 
is being used.
(b)
The individual's prompt or question under Subsection (1)(a) must be a clear and 
unambiguous request to determine whether the interaction is with a human or with 
artificial intelligence.
(2)
An individual providing services in a regulated occupation shall:
(a)
prominently disclose when an individual receiving services is interacting with 
generative artificial intelligence in the provision of regulated services if the use of 
generative artificial intelligence constitutes a high-risk artificial intelligence 
interaction; and
(b)
comply with all requirements of the regulated occupation when providing services 
through generative artificial intelligence.
(3)
A disclosure required under Subsection 
(2)
 shall be provided:
(a)
verbally at the start of a verbal interaction; and
(b)
in writing before the start of a written interaction.
Section 4, Section 
13-75-104
 is enacted to read:
13-75-104
Effective 
05/07/25
. Safe harbor.
(1)
A person is not subject to an enforcement action for violating Section 
13-75-103
 if the 
person's generative artificial intelligence clearly and conspicuously discloses:
(a)
at the outset of any interaction with an individual in connection with:
(i)
a consumer transaction; or
(ii)
the provision of regulated services; and
(b)
throughout the interaction that it:
(i)
is generative artificial intelligence;
(ii)
is not human; or
(iii)
is an artificial intelligence assistant.
(2)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
division in consultation with the office, may make rules specifying forms and methods 
of disclosure that:
(a)
satisfy the requirements of Subsection (1); or
(b)
do not satisfy the requirements of Subsection (1).
Section 5, Section 
13-75-105
 is enacted to read:
13-75-105
Effective 
05/07/25
. Enforcement.
(1)
A violation of this chapter constitutes a violation of Subsection 
13-11-4(1)
.
(2)
The division shall administer and enforce this chapter in accordance with Chapter 2, 
Division of Consumer Protection.
(3)
The attorney general shall:
(a)
give legal advice to the division regarding the division's responsibilities under this 
chapter; and
(b)
act as counsel for the division in the exercise of the division's responsibilities under 
this chapter.
(4)
In addition to the division's enforcement powers under Chapter 2, Division of Consumer 
Protection:
(a)
the division director may impose an administrative fine of up to $2,500 for each 
violation of this chapter; and
(b)
the division may bring an action in court to enforce this chapter.
(5)
In an action brought by the division to enforce this chapter, the court may:
(a)
declare that an act or practice violates this chapter;
(b)
issue an injunction for a violation of this chapter;
(c)
order disgorgement of money received in violation of this chapter;
(d)
order payment of disgorged money to an individual injured by a violation of this 
chapter;
(e)
impose a fine of up to $2,500 for each violation of this chapter; or
(f)
award other reasonable and necessary relief.
(6)
If a court of competent jurisdiction grants judgment or injunctive relief to the division, 
the court shall award the division:
(a)
reasonable attorney fees;
(b)
court costs; and
(c)
investigative fees.
(7)
(a)
A person who violates an administrative or court order issued for a violation of 
this chapter is subject to a civil penalty of up to $5,000 for each violation.
(b)
The attorney general may impose a civil penalty authorized under this section in any 
civil action brought on behalf of the division.
Section 6, Section 
13-75-106
 is enacted to read:
13-75-106
Effective 
05/07/25
. Scope.
This chapter does not displace any other remedy or right authorized under:
(1)
the laws of this state; or
(2)
federal law.
Section 7, Section 
63I-2-213
 is amended to read:
63I-2-213
Effective 
upon governor's approval
. Repeal dates: Title 13.
(1)
Section 
13-1-16
, Latino Community Support Restricted Account, is repealed July 1, 
2024.
(2)
Section 
13-14-103
, Utah Motor Vehicle Franchise Advisory Board -- Creation -- 
Appointment of members -- Alternate members -- Chair -- Quorum -- Conflict of 
interest, is repealed October 1, 2024.
(3)
Section 
13-35-103
, Utah Powersport Vehicle Franchise Advisory Board -- Creation -- 
Appointment of members -- Alternate members -- Chair -- Quorum -- Conflict of 
interest, is repealed October 1, 2024.
(4)
Title 13, Chapter 47, Private Employer Verification Act, is repealed on the program 
start date, as defined in Section 
63G-12-102
.
(5)
Title 13, Chapter 72, Artificial Intelligence Policy Act, is repealed 
May 1, 2025
July 1, 
2027
.
Section 8, 
Repealer.
Generative artificial intelligence -- Impact on liability for violation of 
consumer protection law.
Section 9. 
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect on May 7, 2025.
(2)
The actions affecting Section 
63I-2-213
 (Effective upon governor's approval) take effect:
(a)
except as provided in Subsection (2)(b), May 7, 2025; or
(b)
if approved by two-thirds of all members elected to each house:
(i)
upon approval by the governor;
(ii)
without the governor's signature, the day following the constitutional time limit of 
Utah Constitution, Article VII, Section 8; or
(iii)
in the case of a veto, the date of veto override.
3-13-25 4:22 PM