Annual or periodic testing requirements to detect discriminatory outcomes in AI decision systems. Here is what Utah businesses need to know in 2026.
Utah has enacted SB 149 — AI Policy Act. Generative AI must disclose AI nature when asked. First comprehensive state AI law in US.
State law does not replace federal law — you must comply with both. These federal rules apply to ai bias audit nationwide:
Utah's SB 149 — AI Policy Act often includes size-based exemptions. Businesses with fewer than 25 employees may be exempt, but should verify thresholds. Always review the specific statute for employee count and revenue thresholds.
The key deadline in Utah is May 1, 2024. This law is already in effect — you must comply now.
Utah penalties for AI non-compliance: Up to $2,500 per violation. While enforcement is still developing, companies found non-compliant face civil penalties and potential litigation.
Federal law does not currently preempt state AI laws. Utah's SB 149 — AI Policy Act applies independently of federal rules. Federal laws like ECOA, FCRA, and HIPAA also apply alongside state law — so you must comply with both.
Best practice: document all AI systems used, conduct an internal audit, implement required disclosures, and keep records for at least 3 years. For high-risk uses like ai bias audit, consider hiring an independent third-party auditor to validate compliance.
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