38 Utah Utah became the first U.S. state to enact a broad statute specifically governing AI. The Utah Artificial Intelligence Policy Act (AIPA), which became effective May 1, 2024, regulates the use of Generative AI (“Gen AI”) technologies by businesses or individuals to interact with Utah consumers.5 • Gen AI is AI used to interact with persons using text, audio, or visual communication. When a business or person uses Gen AI to interact with an individual, they are required to disclose that the individual is interacting with Gen AI if the individual asks. • If Gen AI is used in providing services of “regulated occupations” (those that require a license or state certification, such as accountants and physicians), a prominent mandatory disclosure must be clearly and conspicuously provided. • The Utah Division of Consumer Protection may impose a fine of up to $2,500 per violation; there is no private right of action. • The AIPA also creates a new AI regulatory body, the Office of Artificial Intelligence Policy, tasked with establishing an AI “Learning Laboratory Program” which will assist with analyzing risks and benefits and will allow participants to test and develop AI technology with limitations on liability. Colorado In May 2024, Colorado enacted its own comprehensive AI regulation, the Colorado AI Act, which will become effective on February 1, 2026.6 Colorado’s AI Act, like the EU AI Act, adopts a risk-based approach to AI regulation, and applies to developers and users of AI systems who are doing business in Colorado. • It imposes notice, documentation, disclosure, and impact assessment requirements on developers and deployers of any “high-risk” AI system, defined as an AI system that “makes, or is a substantial factor in making, a consequential decision” (i.e., any decision that “has a material legal or 5 https://le.utah.gov/~2024/bills/static/SB0149.html 6 Consumer Protections for Artificial Intelligence, S. 205, 74th Gen. Assembly 2nd Regular Session (2024), https://leg.colorado.gov/bills/sb24-205
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