HB 286 — Artificial Intelligence Transparency Amendments

(14) "Frontier model" means a foundation model that was trained using a quantity of computing power of at least 10^26 integer or floating-point operations, including -computing 4for -the 01-28original 11:38training 1strun Sub.and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a {preceding } foundation model.

(Buff)(15) H.B."Large frontier developer" means a frontier developer who together with the frontier developer's affiliates, had annual revenue of at least $500,000,000 in the {preceding } calendar year.

286 computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model.

(15) "Large frontier developer" means a frontier developer who together with the frontier developer's affiliates, had annual revenue of at least $500,000,000 in the preceding calendar year.

Section 13-72b-1022 is enacted to read:

13-72b-10213-72b-102. .

- 5 - HB0286 compared with HB0286S01 (1) A large frontier developer shall write, implement, comply with, and clearly and conspicuously publish on the large frontier developer'sdeveloper'sinternet internet website a public safety plan that describes in detail how the large frontier developer:

(c) applies mitigations to address the potential for catastrophic risks based on the results of assessments undertaken pursuant{pursuant to } Subsection (1)(b);

(f) revisits and updates the public safety plan, including any criteria that trigger updates and how the large frontier developer determines when the large frontier developer's frontier models are substantially modified enough to require disclosures pursuant{pursuant to -} 5Section -13-72b-104; 1st Sub.

(Buff) H.B.

286 01-28 11:38 Section 13-72b-104;

Section 13-72b-1033 is enacted to read:

13-72b-10313-72b-103. .

- 6 - HB0286 compared with HB0286S01 (1) A large frontier developer that operates a covered chatbot shall write, implement, comply with, and clearly and conspicuously publish on the large frontier developer's internet website a child protection plan that describes in detail how the large frontier developer:

(c) applies mitigations to address the potential for child safety risks based on the results of assessments undertaken pursuant{pursuant to } Subsection (1)(b);

(e) revisits and updates the child protection plan, including any criteria that trigger updates and how the large frontier developer determines when the large frontier developer's foundation models are substantially modified enough to require disclosures pursuant{pursuant to } Section 13-72b-104;

and (g) institutes internal governance practices to ensure implementation of the processes described in thisthisSubsection Subsection (1).

-(2) 6If -a 01-28large 11:38frontier 1stdeveloper Sub.makes a material modification to the large frontier developer's child protection plan, the large frontier developer shall clearly and conspicuously publish the modified child protection plan and a justification for that modification within 30 days after the day on which the large frontier developer makes the material modification.

(Buff) H.B.

286 (2) If a large frontier developer makes a material modification to the large frontier developer's child protection plan, the large frontier developer shall clearly and conspicuously publish the modified child protection plan and a justification for that modification within 30 days after the day on which the large frontier developer makes the material modification.

Section 13-72b-1044 is enacted to read:

13-72b-10413-72b-104. .

(1) A large frontier developer shall conspicuously publish on the developer's interneti website summaries of the following before deploying a new or substantially modified foundation model as part of a covered chatbot operated by the developer:

(a) assessments of child safety risks conducted pursuant{pursuant to } the developer's child protection plan;

- 7 - HB0286 compared with HB0286S01 (2) A large frontier developer shall conspicuously publish on the large frontier developer's website summaries of the following before deploying a new frontier model or a frontier model that was substantially modified by the large frontier developer:

(a) assessments of catastrophic risks from the frontier model conducted pursuant{pursuant to } the developer's public safety plan;

Section 13-72b-1055 is enacted to read:

13-72b-10513-72b-105. .

(1)(a)(1) (a) A frontier developer may not make a materially false or misleading statement or omission about covered risks from the developer's activities or the developer's management of covered risks.

(b) A large frontier developer may not make a materially false or misleading statement or omission about the large frontier developer's implementation of, or compliance -with, 7the -large 1stfrontier Sub.developer's public safety plan.

(Buff) H.B.

286 01-28 11:38 with, the large frontier developer's public safety plan.

(2)(a)(2) (a) When a frontier developer publishes documents to comply with this part, the frontier developer may make redactions to those documents that are necessary to protect:

- 8 - HB0286 compared with HB0286S01 (b) If a frontier developer redacts information in a document pursuant{pursuant to } Subsection (2)(a), the large frontier developer shall:

Section 13-72b-1066 is enacted to read:

13-72b-10613-72b-106. .

(3) A large frontier developer that discovers a critical safety incident that poses an imminent risk of death or serious physical injury, shall disclose that incident within 24 -hours 8to -a 01-28law 11:38enforcement 1stagency Sub.or public safety agency with appropriate jurisdiction based on the nature of the incident.

(Buff) H.B.

286 hours to a law enforcement agency or public safety agency with appropriate jurisdiction based on the nature of the incident.

or (b) pursuant{pursuant to } an alternate schedule if:

(5) The office may transmit the reports described in Subsections (2) and (4) to the Legislature, the {r, } governor, the federal government, or appropriate state agencies, but may consider risks related to trade secrets, public safety, cybersecurity, or national security when transmitting reports.

- 9 - HB0286 compared with HB0286S01 (7) On or before November 1, 2027, and annually thereafter, the office shall prepare a report for the Business and Labor Interim Committee that includes recommendations for modifying this chapter as well as anonymized, aggregated information about reports received pursuant{pursuant to } this chapter, without including information that would compromise the trade secrets or cybersecurity of a frontier developer, public safety, or the national security of the United States or that would be prohibited by any federal or state law.

Section 13-72b-1077 is enacted to read:

13-72b-10713-72b-107. .

Section 13-72b-1088 is enacted to read:

13-72b-10813-72b-108. .

{Transfer of frontier developer obligations -- Severability} AI Transparency Enforcement Restricted Account -- Creation -- Deposits into account -- Distribution.

-{(1) 9{If -any 1stprovision Sub.of this chapter or the application of any provision to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this chapter shall be given effect without the invalid provision or application.} } (1) There is created within the General Fund a restricted account known as the "AI Transparency Enforcement Restricted Account." (2) The account consists of:

(Buff) H.B.

286 01-28 11:38 (1) There is created within the General Fund a restricted account known as the "AI Transparency Enforcement Restricted Account." (2) The account consists of:

- 10 - HB0286 compared with HB0286S01 (c) expert witnesses, consultants, and technical advisors with expertise in artificial intelligence safety and frontier models;

and (f)(2){(f)} {The provisions } other expenses related to the administration and enforcement of this chapter.chapter {are severable} .

{(3) {The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under other law and shall not be construed to relieve any party from any duties or obligations imposed under other law and do not limit any rights or remedies under existing law.} } Section 9.

Section 13-72b-1099 is enacted to read:

13-72b-10913-72b-109. .

Section 13-72b-20110 is enacted to read:

Part13-72b-201. 2.

Public Safety and Child Protection Whistleblower Protections 13-72b-201 .

-2. 10 - 01-28 11:38 1st Sub.

(Buff)Public H.B.Safety and Child Protection Whistleblower Protections As used in this part:

286 As used in this part:

- 11 - HB0286 compared with HB0286S01 (f) immunities;

Section 13-72b-20211 is enacted to read:

13-72b-20213-72b-202. .

(a) reasonably believe that an act poses a specific and substantial threat to public health or safety or to the health or safety of a minor, or is a violation of Part 1, Artificial IntelligenceIntelligencend Transparency and Child Protection;

(2)(a)(2) (a) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, and except as provided in Subsection (2)(b), the office may not disclose information that could reasonably be expected to reveal the identity of a reporter.

(3) A large frontier developer shall provide a reasonable internal process through which an employee may anonymously report information if the employee believes in good faith -that: 11 - 1st Sub.

(Buff) H.B.

286 01-28 11:38 that:

or (b) the large frontier developer has violated Part 1, Artificial Intelligence Transparency and Child Protection.

(5)(a)- 12 - HB0286 compared with HB0286S01 (5) (a) Except as provided in Subsection (5)(b), disclosures and responses under this section shall be shared with officers and directors of the large frontier developer at least once each quarter.

Section 13-72b-20312 is enacted to read:

13-72b-20313-72b-203. .

or (c) knows that, or has a reckless disregard as to whether, the disclosure is of information -that 12is -false 01-28or 11:38frivolous. 1st Sub.

(Buff)(4) H.B.Information provided {pursuant to } this section may be classified as a protected record under Subsections 63G-2-305(1) and (2) if the requirements of Subsection 63G-2-309(1)(a)(i) are met.

286 that is false or frivolous.

(4) Information provided pursuant to this section may be classified as a protected record under Subsections 63G-2-305(1) and (2) if the requirements of Subsection 63G-2-309(1)(a)(i) are met.

Section 13-72b-20413 is enacted to read:

13-72b-20413-72b-204. .

(1)(a)(1) (a) An employee who alleges a violation of Section 13-72b-203 may bring an action for injunctive relief, actual damages, or both, in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.

- 13 - HB0286 compared with HB0286S01 (b) An employee may not bring an action under this section more than:

(4)(a)(4) (a) An employer may file a counterclaim against an employee who files a civil action under this section seeking attorney fees and costs incurred by the employer related to the action and the counterclaim.

Effective date.

1-27-26 10:28 AM - 1314 -