WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)–(10) As used in this chapter: (1) "Artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means the same as that term is defined in Section 13-72-101.Utah Code § 13-75-101(1)" means the same as that term is defined in Section 13-72-101. (2) "Consumer transactionConsumer transaction"Consumer transaction" means the same as that term is defined in Section 13-11-3.Utah Code § 13-75-101(2)" means the same as that term is defined in Section 13-11-3. (3) "DivisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-75-101(3)" means the Division of Consumer Protection created in Section 13-2-1. (4) "Generative artificial intelligenceGenerative artificial intelligence"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.Utah Code § 13-75-101(4)" means an artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means the same as that term is defined in Section 13-72-101.Utah Code § 13-75-101(1) 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 interactionHigh-risk artificial intelligence interaction"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.Utah Code § 13-75-101(5)" means an interaction with generative artificial intelligenceGenerative artificial intelligence"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.Utah Code § 13-75-101(4) 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 divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-75-101(3) rule. (6) "LicenseLicense"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.Utah Code § 13-75-101(6)" 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) "OfficeOffice"Office" means the Office of Artificial Intelligence Policy created in Section 13-74-201.Utah Code § 13-75-101(7)" means the Office of Artificial Intelligence Policy created in Section 13-74-201. (8) "Regulated occupationRegulated occupation"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.Utah Code § 13-75-101(8)" means an occupation that: (a) is regulated by the Department of Commerce; and (b) requires an individual to obtain a licenseLicense"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.Utah Code § 13-75-101(6) or state certificationState certification"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.Utah Code § 13-75-101(9) to practice the occupation. (9) "State certificationState certification"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.Utah Code § 13-75-101(9)" 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) "SupplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-75-101(10)" means the same as that term is defined in Section 13-11-3.
This section defines the key terms used throughout the chapter. Generative artificial intelligence is defined as an AI technology system trained on data that simulates human conversation through text, audio, or visual communication and generates non-scripted human-like outputs. High-risk artificial intelligence interaction encompasses interactions involving collection of sensitive personal information (health, financial, biometric data) or personalized recommendations in financial, legal, medical, or mental health domains. Supplier and consumer transaction are incorporated by reference from Utah's existing Consumer Sales Practices Act (§ 13-11-3), and regulated occupation is defined as one regulated by the Department of Commerce requiring a license or state certification.
(1)–(3) 1 It is not a defense to the violation of any statute administered and enforced by the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-75-101(3) under Section 13-2-1 that generative artificial intelligenceGenerative artificial intelligence"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.Utah Code § 13-75-101(4): (1) made the violative statement; (2) undertook the violative act; or (3) was used in furtherance of the violation.
This section eliminates the defense that generative AI — rather than the person deploying it — was responsible for a consumer protection violation. It applies to any statute administered and enforced by the Division of Consumer Protection under § 13-2-1. The provision forecloses three specific defenses: that the AI made the violative statement, that the AI undertook the violative act, or that the AI was used in furtherance of the violation. This is a defense-elimination rule rather than an affirmative compliance obligation.
(1)(a)–(b) 2 A supplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-75-101(10) that uses generative artificial intelligenceGenerative artificial intelligence"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.Utah Code § 13-75-101(4) to interact with an individual in connection with a consumer transactionConsumer transaction"Consumer transaction" means the same as that term is defined in Section 13-11-3.Utah Code § 13-75-101(2) shall disclose to the individual that the individual is interacting with generative artificial intelligenceGenerative artificial intelligence"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.Utah Code § 13-75-101(4) and not a human, if the individual asks or otherwise prompts the supplierSupplier"Supplier" means the same as that term is defined in Section 13-11-3.Utah Code § 13-75-101(10) 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)(a)–(b) 3 An individual providing services in a regulated occupationRegulated occupation"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.Utah Code § 13-75-101(8) shall: (a) prominently disclose when an individual receiving services is interacting with generative artificial intelligenceGenerative artificial intelligence"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.Utah Code § 13-75-101(4) in the provision of regulated services if the use of generative artificial intelligenceGenerative artificial intelligence"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.Utah Code § 13-75-101(4) constitutes a high-risk artificial intelligence interactionHigh-risk artificial intelligence interaction"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.Utah Code § 13-75-101(5); and (b) comply with all requirements of the regulated occupationRegulated occupation"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.Utah Code § 13-75-101(8) when providing services through generative artificial intelligenceGenerative artificial intelligence"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.Utah Code § 13-75-101(4).
(3)(a)–(b) 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.
This section imposes two distinct disclosure obligations. First, a supplier using generative AI in a consumer transaction must disclose AI involvement when a consumer clearly and unambiguously asks whether they are interacting with AI — this is an on-demand disclosure triggered only by an express user inquiry, not a proactive obligation. Second, an individual providing services in a regulated occupation must proactively and prominently disclose when a service recipient is interacting with generative AI, but only when the use constitutes a high-risk artificial intelligence interaction. That professional must also comply with all requirements of their regulated occupation when delivering services through generative AI. The regulated-occupation disclosure must be verbal at the start of a verbal interaction and in writing before a written interaction begins.
(1)(a)–(b) A person is not subject to an enforcement action for violating Section 13-75-103 if the person's generative artificial intelligenceGenerative artificial intelligence"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.Utah Code § 13-75-101(4) clearly and conspicuously discloses: (a) at the outset of any interaction with an individual in connection with: (i) a consumer transactionConsumer transaction"Consumer transaction" means the same as that term is defined in Section 13-11-3.Utah Code § 13-75-101(2); or (ii) the provision of regulated services; and (b) throughout the interaction that it: (i) is generative artificial intelligenceGenerative artificial intelligence"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.Utah Code § 13-75-101(4); (ii) is not human; or (iii) is an artificial intelligence assistant.
(2)(a)–(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-75-101(3) in consultation with the officeOffice"Office" means the Office of Artificial Intelligence Policy created in Section 13-74-201.Utah Code § 13-75-101(7), 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).
This section provides a safe harbor from enforcement actions under § 13-75-103. A person who proactively and clearly discloses — at the outset of any interaction connected with a consumer transaction or the provision of regulated services, and throughout the interaction — that the system is generative AI, is not human, or is an AI assistant is not subject to enforcement. The Division of Consumer Protection, in consultation with the Office of Artificial Intelligence Policy, may promulgate rules specifying which forms and methods of disclosure satisfy or fail to satisfy the safe harbor. This safe harbor modifies the disclosure obligations in § 13-75-103 and is not a standalone obligation.
(1) A violation of this chapter constitutes a violation of Subsection 13-11-4(1).
(2) The divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-75-101(3) shall administer and enforce this chapter in accordance with Chapter 2, Division of Consumer Protection.
(3)(a)–(b) The attorney general shall: (a) give legal advice to the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-75-101(3) regarding the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-75-101(3)'s responsibilities under this chapter; and (b) act as counsel for the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-75-101(3) in the exercise of the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-75-101(3)'s responsibilities under this chapter.
(4)(a)–(b) In addition to the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-75-101(3)'s enforcement powers under Chapter 2, Division of Consumer Protection: (a) the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-75-101(3) director may impose an administrative fine of up to $2,500 for each violation of this chapter; and (b) the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-75-101(3) may bring an action in court to enforce this chapter.
(5)(a)–(f) In an action brought by the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-75-101(3) 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)(a)–(c) If a court of competent jurisdiction grants judgment or injunctive relief to the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-75-101(3), the court shall award the divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-75-101(3): (a) reasonable attorney fees; (b) court costs; and (c) investigative fees.
(7)(a)–(b) 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 divisionDivision"Division" means the Division of Consumer Protection created in Section 13-2-1.Utah Code § 13-75-101(3).
This section establishes the enforcement framework. Violations of this chapter constitute violations of the Utah Consumer Sales Practices Act (§ 13-11-4(1)). The Division of Consumer Protection administers and enforces the chapter, with the attorney general serving as legal counsel. The division director may impose administrative fines of up to $2,500 per violation, and the division may also bring court actions. Courts may declare violations, issue injunctions, order disgorgement, impose fines up to $2,500 per violation, and award other reasonable relief. When the division obtains judgment or injunctive relief, the court must award attorney fees, court costs, and investigative fees. Violations of administrative or court orders carry civil penalties up to $5,000 per violation.
(1)–(2) This chapter does not displace any other remedy or right authorized under: (1) the laws of this state; or (2) federal law.
This savings clause clarifies that the chapter does not displace any other remedy or right under state or federal law. This preserves existing causes of action and regulatory authority that may apply independently to AI-related conduct.
(5) Title 13, Chapter 72, Artificial Intelligence Policy Act, is repealed [May 1, 2025] July 1, 2027.
This amendment extends the sunset date of Utah's Artificial Intelligence Policy Act (Title 13, Chapter 72) from May 1, 2025 to July 1, 2027. This is a housekeeping provision that creates no independent compliance obligation.