HB 286

01-28 11:38  1st Sub. (Buff) H.B. 286
                            Doug Fiefia proposes the following substitute bill:
1Artificial Intelligence Transparency Amendments
                                        2026 GENERAL SESSION
                                             STATE OF UTAH
                                       Chief Sponsor: Doug Fiefia
                                    Senate Sponsor: Michael K. McKell
2
3   LONG TITLE
4   General Description:
5This bill enacts the AI Transparency Act relating to transparency and whistleblower
6   protections for frontier artificial intelligence models.
7   Highlighted Provisions:
8This bill:
9▸ defines terms;
10▸ requires developers of certain artificial intelligence models to create, implement, and
11   publish public safety and child protection plans;
12▸ requires developers to publish summaries of risk assessments for certain artificial
13   intelligence models;
14▸ prohibits developers from making materially false or misleading statements about covered
15   risks;
16▸ requires developers to report certain safety incidents to the Office of Artificial
17   Intelligence Policy (office);
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18▸ requires the office to provide annual assessments and legislative recommendations
19   regarding regulation of certain artificial intelligence models;
20▸ establishes civil penalties for violations;
21▸ provides whistleblower protections for employees who report safety concerns of certain
22   artificial intelligence models;
23▸ establishes remedies for employees who suffer adverse action for whistleblower
24   activities;
25▸ creates the AI Transparency Enforcement Restricted Account to fund enforcement
26   activities; and
27▸ provides a severability clause.
28   Money Appropriated in this Bill:
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29None
30   Other Special Clauses:
31None
32   Utah Code Sections Affected:
33   ENACTS:
3413-72b-101, Utah Code Annotated 1953
3513-72b-102, Utah Code Annotated 1953
3613-72b-103, Utah Code Annotated 1953
3713-72b-104, Utah Code Annotated 1953
3813-72b-105, Utah Code Annotated 1953
3913-72b-106, Utah Code Annotated 1953
4013-72b-107, Utah Code Annotated 1953
4113-72b-108, Utah Code Annotated 1953
4213-72b-109, Utah Code Annotated 1953
4313-72b-201, Utah Code Annotated 1953
4413-72b-202, Utah Code Annotated 1953
4513-72b-203, Utah Code Annotated 1953
4613-72b-204, Utah Code Annotated 1953
47
48   Be it enacted by the Legislature of the state of Utah:
49Section 1. Section 13-72b-101 is enacted to read:
50CHAPTER 72b. AI Transparency Act
51Part 1. Artificial Intelligence Transparency and Child Protection
5213-72b-101 . Definitions.
53      As used in this chapter:
54   (1) "Affiliate" means a person controlling, controlled by, or under common control with a
55specified person, directly or indirectly, through one or more intermediaries.
56   (2) "Artificial intelligence model" means an engineered or machine-based system that
57varies in the system's level of autonomy and that can, for explicit or implicit objectives,
58infer from the input the artificial intelligence model receives how to generate outputs
59that can influence physical or virtual environments.
60   (3)(a) "Catastrophic loss" means:
61(i) the death or serious bodily injury of more than 50 individuals; or
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62(ii) damage to property, or loss of property, exceeding $1,000,000,000.
63(b) "Catastrophic loss" does not include the loss of value of equity.
64   (4)(a) "Catastrophic risk" means a foreseeable and material risk that a frontier
65developer's development, storage, use, or deployment of a frontier model will
66materially contribute to a catastrophic loss in a single incident by:
67(i) providing assistance in creating or releasing a chemical, biological, radiological,
68or nuclear weapon;
69(ii) engaging in a cyberattack, or conduct that, if committed by an individual, would
70constitute murder, assault, extortion, or theft, including theft by deception, under
71Utah law, without meaningful human oversight, intervention, or supervision; or
72(iii) evading control of the frontier developer or user.
73(b) "Catastrophic risk" does not include a foreseeable and material risk from any of the
74following:
75(i) information that a frontier model outputs if the information is otherwise publicly
76accessible in a substantially similar form from a source other than a foundation
77model;
78(ii) lawful activity of the federal government; or
79(iii) harm caused by a frontier model in combination with other software if the
80frontier model did not materially contribute to the harm.
81   (5) "Child protection plan" means a documented technical and organizational protocol to
82manage, assess, and mitigate child safety risks.
83   (6) "Child safety incident" means an occurrence in which a covered chatbot, when
84interacting with a minor, engages in behavior that, if engaged in by a human, would be
85considered to intentionally or recklessly:
86(a) cause death or bodily injury to the minor; or
87(b) cause severe emotional distress to the minor.
88   (7) "Child safety risk" means a material and foreseeable risk that a frontier developer's
89foundation model, when used as part of a covered chatbot operated by the frontier
90developer, will engage in behavior when interacting with a minor that, if the behavior
91had been engaged in by a human, would be considered to be intentionally or recklessly:
92(a) cause death or bodily injury to the minor, including as a result of self-harm; or
93(b) cause severe emotional distress to the minor.
94   (8) "Covered chatbot" means a service that:
95(a) allows an ordinary person to have conversations in which humanlike responses are
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96generated by a foundation model;
97(b) is foreseeably likely to be accessed by minors; and
98(c) has at least 1,000,000 monthly active users.
99   (9) "Covered risk" means a catastrophic risk or a child safety risk.
100   (10) "Critical safety incident" means any of the following:
101(a) unauthorized access to, modification of, inadvertent release of, or exfiltration of, the
102model weights of a frontier model;
103(b) the death of, or serious injury to, more than 50 people or more than $1,000,000,000
104in damage to, or loss of, property resulting from the materialization of a catastrophic
105risk;
106(c) loss of control of a frontier model that:
107(i) causes death or bodily injury; or
108(ii) demonstrates materially increased catastrophic risk; or
109(d) a frontier model that uses deceptive techniques against the frontier developer to
110subvert the controls or monitoring of the frontier developer outside of the context of
111an evaluation designed to elicit this behavior and in a manner that demonstrates
112materially increased catastrophic risk.
113   (11)(a) "Deploy" means to make a frontier model available to a third party for use,
114modification, copying, or combination with other software.
115(b) "Deploy" does not include making a frontier model available to a third party for the
116primary purpose of developing or evaluating the frontier model.
117   (12) "Foundation model" means an artificial intelligence model that is all of the following:
118(a) trained on a broad data set;
119(b) designed for generality of output; and
120(c) adaptable to a wide range of distinctive tasks.
121   (13)(a) "Frontier developer" means a person who has used, or initiated the use of, a
122quantity of computing power of at least 10^26 integer or floating-point operations to
123train a frontier model, including computing used for the original training run and for
124any subsequent fine-tuning, reinforcement learning, or other material modifications.
125(b) "Frontier developer" does not include an accredited college or university to the
126extent the college or university is developing or using frontier models exclusively for
127academic research purposes.
128   (14) "Frontier model" means a foundation model that was trained using a quantity of
129computing power of at least 10^26 integer or floating-point operations, including
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130computing for the original training run and for any subsequent fine-tuning,
131reinforcement learning, or other material modifications the developer applies to a
132preceding foundation model.
133   (15) "Large frontier developer" means a frontier developer who together with the frontier
134developer's affiliates, had annual revenue of at least $500,000,000 in the preceding
135calendar year.
136   (16) "Minor" means an individual younger than 18 years old.
137   (17) "Model weight" means a numerical parameter in a frontier model that is adjusted
138through training and that helps determine how inputs are transformed into outputs.
139   (18) "Office" means the Office of Artificial Intelligence Policy created in Section 13-72-201.
140   (19) "Property" means tangible or intangible property.
141   (20) "Public safety plan" means a documented technical and organizational protocol to
142manage, assess, and mitigate catastrophic risks.
143   (21) "Safety incident" means a child safety incident or a critical safety incident.
144Section 2. Section 13-72b-102 is enacted to read:
14513-72b-102 . Public safety plan for catastrophic risks -- Requirements.
146   (1) A large frontier developer shall write, implement, comply with, and clearly and
147conspicuously publish on the large frontier developer's internet website a public safety
148plan that describes in detail how the large frontier developer:
149(a) incorporates national standards, international standards, and industry-consensus best
150practices into the public safety plan;
151(b) defines and assesses thresholds used by the large frontier developer to identify and
152assess whether a frontier model has capabilities that could pose a catastrophic risk,
153which may include multiple-tiered thresholds;
154(c) applies mitigations to address the potential for catastrophic risks based on the results
155of assessments undertaken pursuant to Subsection (1)(b);
156(d) reviews assessments of catastrophic risk and adequacy of mitigations of catastrophic
157risk as part of the decision to deploy a frontier model or use the frontier model
158extensively internally;
159(e) uses third parties to assess the potential for catastrophic risks and the effectiveness of
160mitigations of catastrophic risks;
161(f) revisits and updates the public safety plan, including any criteria that trigger updates
162and how the large frontier developer determines when the large frontier developer's
163frontier models are substantially modified enough to require disclosures pursuant to
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164Section 13-72b-104;
165(g) implements cybersecurity practices to secure unreleased frontier model weights from
166unauthorized modification or transfer by internal or external parties;
167(h) identifies and responds to critical safety incidents;
168(i) institutes internal governance practices to ensure implementation of the processes
169described in this Subsection (1); and
170(j) assesses and manages catastrophic risk resulting from the internal use of the large
171frontier developer's frontier models, including risks resulting from a frontier model
172circumventing oversight mechanisms.
173   (2) If a large frontier developer makes a material modification to the large frontier
174developer's public safety plan, the large frontier developer shall clearly and
175conspicuously publish the modified public safety plan and a justification for that
176modification within 30 days after the day on which the large frontier developer makes
177the material modification.
178Section 3. Section 13-72b-103 is enacted to read:
17913-72b-103 . Child protection plan -- Requirements.
180   (1) A large frontier developer that operates a covered chatbot shall write, implement,
181comply with, and clearly and conspicuously publish on the large frontier developer's
182internet website a child protection plan that describes in detail how the large frontier
183developer:
184(a) incorporates national standards, international standards, and industry-consensus best
185practices into the child protection plan;
186(b) assesses potential for child safety risks;
187(c) applies mitigations to address the potential for child safety risks based on the results
188of assessments undertaken pursuant to Subsection (1)(b);
189(d) uses third parties to assess the potential for child safety risks and the effectiveness of
190mitigations of child safety risks;
191(e) revisits and updates the child protection plan, including any criteria that trigger
192updates and how the large frontier developer determines when the large frontier
193developer's foundation models are substantially modified enough to require
194disclosures pursuant to Section 13-72b-104;
195(f) identifies and responds to child safety incidents; and
196(g) institutes internal governance practices to ensure implementation of the processes
197described in this Subsection (1).
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198   (2) If a large frontier developer makes a material modification to the large frontier
199developer's child protection plan, the large frontier developer shall clearly and
200conspicuously publish the modified child protection plan and a justification for that
201modification within 30 days after the day on which the large frontier developer makes
202the material modification.
203Section 4. Section 13-72b-104 is enacted to read:
20413-72b-104 . Publication requirements -- Frontier models and foundation models.
205   (1) A large frontier developer shall conspicuously publish on the developer's internet
206website summaries of the following before deploying a new or substantially modified
207foundation model as part of a covered chatbot operated by the developer:
208(a) assessments of child safety risks conducted pursuant to the developer's child
209protection plan;
210(b) the results of the assessments described in Subsection (1)(a);
211(c) the extent to which third-party evaluators were involved in the assessments described
212in Subsection (1)(a); and
213(d) other steps taken by the developer to fulfill the requirements of the child protection
214plan.
215   (2) A large frontier developer shall conspicuously publish on the large frontier developer's
216website summaries of the following before deploying a new frontier model or a frontier
217model that was substantially modified by the large frontier developer:
218(a) assessments of catastrophic risks from the frontier model conducted pursuant to the
219developer's public safety plan;
220(b) the results of the assessments described in Subsection (2)(a);
221(c) the extent to which third-party evaluators were involved in the assessments described
222in Subsection (2)(a); and
223(d) other steps taken to fulfill the requirements of the public safety plan with respect to
224the frontier model.
225Section 5. Section 13-72b-105 is enacted to read:
22613-72b-105 . Prohibited conduct -- Redactions.
227   (1)(a) A frontier developer may not make a materially false or misleading statement or
228omission about covered risks from the developer's activities or the developer's
229management of covered risks.
230(b) A large frontier developer may not make a materially false or misleading statement
231or omission about the large frontier developer's implementation of, or compliance
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232with, the large frontier developer's public safety plan.
233(c) A large frontier developer that operates a covered chatbot may not make a materially
234false or misleading statement or omission about the large frontier developer's
235implementation of, or compliance with, the large frontier developer's child protection
236plan.
237(d) This Subsection (1) does not apply to a statement that was made in good faith and
238was reasonable under the circumstances.
239   (2)(a) When a frontier developer publishes documents to comply with this part, the
240frontier developer may make redactions to those documents that are necessary to
241protect:
242(i) the frontier developer's trade secrets;
243(ii) the frontier developer's cybersecurity;
244(iii) public safety;
245(iv) the national security of the United States; or
246(v) compliance with any federal or state law.
247(b) If a frontier developer redacts information in a document pursuant to Subsection
248(2)(a), the large frontier developer shall:
249(i) describe the character and justification of the redaction in any published version of
250the document to the extent permitted by the concerns that justify the redaction; and
251(ii) retain the unredacted information for five years after the day on which the
252developer makes the redaction.
253Section 6. Section 13-72b-106 is enacted to read:
25413-72b-106 . Safety incident reporting mechanism -- Rulemaking -- Annual
255   report.
256   (1) The office may make rules in accordance with Title 63G, Chapter 3, Utah
257Administrative Rulemaking Act, to:
258(a) establish a mechanism for a large frontier developer or a member of the public to
259report a safety incident; and
260(b) establish alternate compliance procedures if substantially equivalent or stricter
261federal reporting requirements or guidance documents are established.
262   (2) A large frontier developer shall report a safety incident to the office within 15 days after
263the day on which the large frontier developer discovers the incident.
264   (3) A large frontier developer that discovers a critical safety incident that poses an
265imminent risk of death or serious physical injury, shall disclose that incident within 24
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266hours to a law enforcement agency or public safety agency with appropriate jurisdiction
267based on the nature of the incident.
268   (4) A large frontier developer shall submit to the office a report summarizing assessments
269of catastrophic risk resulting from internal use of the large frontier developer's frontier
270models:
271(a) at least once every three months; or
272(b) pursuant to an alternate schedule if:
273(i) the large frontier developer requests the alternate schedule from the office in
274writing; and
275(ii) the office agrees to the alternate schedule.
276   (5) The office may transmit the reports described in Subsections (2) and (4) to the
277Legislature, the governor, the federal government, or appropriate state agencies, but may
278consider risks related to trade secrets, public safety, cybersecurity, or national security
279when transmitting reports.
280   (6) A report submitted under Subsection (2) or (4) may be classified as a protected record
281under Subsections 63G-2-305(1) and (2) if the requirements of Subsection
28263G-2-309(1)(a)(i) are met.
283   (7) On or before November 1, 2027, and annually thereafter, the office shall prepare a
284report for the Business and Labor Interim Committee that includes recommendations for
285modifying this chapter as well as anonymized, aggregated information about reports
286received pursuant to this chapter, without including information that would compromise
287the trade secrets or cybersecurity of a frontier developer, public safety, or the national
288security of the United States or that would be prohibited by any federal or state law.
289Section 7. Section 13-72b-107 is enacted to read:
29013-72b-107 . Civil penalty.
291   (1) A large frontier developer that violates this part is subject to a civil penalty that does not
292exceed:
293(a) for a first violation, $1,000,000; or
294(b) for each subsequent violation, $3,000,000.
295   (2) A civil penalty under this section may be recovered in a civil action brought by the
296attorney general on behalf of the office.
297Section 8. Section 13-72b-108 is enacted to read:
29813-72b-108 . AI Transparency Enforcement Restricted Account -- Creation --
299   Deposits into account -- Distribution.
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300   (1) There is created within the General Fund a restricted account known as the "AI
301Transparency Enforcement Restricted Account."
302   (2) The account consists of:
303(a) money collected by the attorney general from civil penalties, settlements, judgments,
304and other relief obtained in civil actions brought under Section 13-72b-107;
305(b) appropriations made to the account by the Legislature; and
306(c) interest and earnings on account money.
307   (3) The Division of Finance shall deposit money described in Subsection (2)(a) into the
308account.
309   (4) Upon appropriation by the Legislature, money in the account shall be distributed to the
310Office of the Attorney General for:
311(a) investigations and enforcement of Part 1, Artificial Intelligence Transparency and
312Child Protection;
313(b) attorney fees and litigation costs related to enforcement actions under this chapter;
314(c) expert witnesses, consultants, and technical advisors with expertise in artificial
315intelligence safety and frontier models;
316(d) specialized equipment, technology, and facilities necessary for enforcement activities;
317(e) coordination with the Office of Artificial Intelligence Policy, federal agencies, and
318other state agencies; and
319(f) other expenses related to the administration and enforcement of this chapter.
320Section 9. Section 13-72b-109 is enacted to read:
32113-72b-109 . Transfer of frontier developer obligations -- Severability.
322   (1) If any provision of this chapter or the application of any provision to any person or
323circumstance is held invalid by a final decision of a court of competent jurisdiction, the
324remainder of this chapter shall be given effect without the invalid provision or
325application.
326   (2) The provisions of this chapter are severable.
327   (3) The duties and obligations imposed by this chapter are cumulative with any other duties
328or obligations imposed under other law and shall not be construed to relieve any party
329from any duties or obligations imposed under other law and do not limit any rights or
330remedies under existing law.
331Section 10. Section 13-72b-201 is enacted to read:
332Part 2. Public Safety and Child Protection Whistleblower Protections
33313-72b-201 . Definitions.
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334      As used in this part:
335   (1) "Adverse action" means to discharge, threaten, harass, or otherwise discriminate against
336an employee in any manner that affects the employee's employment, including:
337(a) compensation;
338(b) terms;
339(c) conditions;
340(d) location;
341(e) rights;
342(f) immunities;
343(g) promotions; or
344(h) privileges.
345   (2) "Employee" means an individual who performs a service for wages or other
346remuneration under a contract of hire, written or oral, express or implied, for a frontier
347developer.
348   (3) "Reporter" means an individual who provides information relating to a violation in
349accordance with Section 13-72b-202.
350Section 11. Section 13-72b-202 is enacted to read:
35113-72b-202 . Procedure for disclosure -- Internal whistleblower process.
352   (1) To be a reporter for purposes of this part, an individual shall:
353(a) reasonably believe that an act poses a specific and substantial threat to public health
354or safety or to the health or safety of a minor, or is a violation of Part 1, Artificial
355Intelligence Transparency and Child Protection; and
356(b) provide information to the office:
357(i) in writing; and
358(ii) in accordance with procedures established by the office by rule made in
359accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
360   (2)(a) Notwithstanding Title 63G, Chapter 2, Government Records Access and
361Management Act, and except as provided in Subsection (2)(b), the office may not
362disclose information that could reasonably be expected to reveal the identity of a
363reporter.
364(b) Subsection (2)(a) does not limit the office's ability to present evidence to a grand jury
365or share evidence with witnesses or defendants in an ongoing criminal investigation.
366   (3) A large frontier developer shall provide a reasonable internal process through which an
367employee may anonymously report information if the employee believes in good faith
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368that:
369(a) the large frontier developer's activities pose a specific and substantial threat to public
370health or safety or to the health or safety of a minor; or
371(b) the large frontier developer has violated Part 1, Artificial Intelligence Transparency
372and Child Protection.
373   (4) The process required by Subsection (3) shall include monthly updates to the reporting
374employee regarding the status of the investigation and actions taken in response to an
375anonymous report described in Subsection (3).
376   (5)(a) Except as provided in Subsection (5)(b), disclosures and responses under this
377section shall be shared with officers and directors of the large frontier developer at
378least once each quarter.
379(b) If an employee alleges wrongdoing by an officer or director, Subsection (5)(a) does
380not apply with respect to that officer or director.
381Section 12. Section 13-72b-203 is enacted to read:
38213-72b-203 . Reporter protected from adverse action -- Exceptions.
383   (1) A frontier developer may not take adverse action against an employee because of a
384lawful act of the employee, or a person authorized to act on behalf of the employee, to:
385(a) provide information to the office in accordance with Section 13-72b-202, if the
386employee is a reporter;
387(b) initiate, testify in, or assist in any investigation, judicial action, or administrative
388action based on or related to information provided to the office, if the employee is a
389reporter; or
390(c) provide information through an internal reporting process established by the frontier
391developer.
392   (2) A frontier developer may not make, adopt, enforce, or enter into a rule, regulation,
393policy, or contract that would prevent an employee, or a person authorized on behalf of
394the employee, from taking any of the actions described in Subsection (1).
395   (3) An employee is not protected under this section if the employee:
396(a) knowingly or recklessly makes a false, fictitious, or fraudulent statement or
397misrepresentation;
398(b) uses a false writing or document knowing that, or with reckless disregard as to
399whether, the writing or document contains false, fictitious, or fraudulent information;
400or
401(c) knows that, or has a reckless disregard as to whether, the disclosure is of information
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402that is false or frivolous.
403   (4) Information provided pursuant to this section may be classified as a protected record
404under Subsections 63G-2-305(1) and (2) if the requirements of Subsection
40563G-2-309(1)(a)(i) are met.
406Section 13. Section 13-72b-204 is enacted to read:
40713-72b-204 . Remedies for employee bringing action.
408   (1)(a) An employee who alleges a violation of Section 13-72b-203 may bring an action
409for injunctive relief, actual damages, or both, in a court with jurisdiction under Title
41078A, Judiciary and Judicial Administration.
411(b) An employee may not bring an action under this section more than:
412(i) four years after the day on which the violation of Section 13-72b-203 occurs; or
413(ii) two years after the day on which facts material to the right of action are known or
414reasonably should be known by the employee.
415   (2) To prevail in an action under this section, an employee shall establish, by a
416preponderance of the evidence, that the employee suffered an adverse action because the
417employee, or a person acting on the employee's behalf, engaged or intended to engage in
418an activity protected under Section 13-72b-203.
419   (3) A court may award relief for an employee prevailing in an action under this section:
420(a) reinstatement with the same fringe benefits and seniority status that the individual
421would have had, but for the adverse action;
422(b) two times the amount of back pay otherwise owed to the individual, with interest;
423(c) compensation for litigation costs, expert witness fees, and reasonable attorney fees;
424(d) actual damages; or
425(e) any combination of the remedies listed in this Subsection (3).
426   (4)(a) An employer may file a counterclaim against an employee who files a civil action
427under this section seeking attorney fees and costs incurred by the employer related to
428the action and the counterclaim.
429(b) The court may award an employer who files a counterclaim under Subsection (4)(a)
430attorney fees and costs if the court finds that:
431(i) there is no reasonable basis for the civil action filed by the employee; or
432(ii) the employee is not protected under Section 13-72b-203 because the employee
433engaged in an act described in Subsection 13-72b-203(3).
434Section 14. Effective Date.
435   This bill takes effect on May 6, 2026.
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