On April 10, 2024, Senate Bill 24-205 a bill for an act concerning consumer protections in interactions with artificial intelligence systems was introduced and assigned to the Senate Judiciary Committee on the same day.  

Scope of the bill and requirements

Beginning July 1, 2025, the bill will require a developer or deployer of a 'high-risk artificial intelligence system' to use reasonable care to avoid algorithmic discrimination within the high-risk system.  For developers of artificial intelligence (AI) models, there is a requirement to maintain specific documentation for the general purpose model which includes a policy to comply with federal and state copyright laws and a detailed summary concerning the content used to train the general purpose model. Developers must also create, implement, maintain, and make available documentation to deployers who intend to integrate the general purpose model into the deployer's AI systems. The documentation must disclose, among other things: 

• information for deployers to understand the capabilities and limits of the general-purpose AI model; 

• technical requirements; 

• design specifications; 

• key design choices including rationale and assumptions made; 

• what the general purpose model is designed to optimize for and the relevance of different parameters as applicable; and 

• a description of the data used for purposes of training, testing, and validation as applicable. 

For AI models that develop or manipulate synthetic digital content, developers must disclose to consumers that the synthetic digital content has been artificially generated or manipulated not later than the first time the consumer interacts with or is exposed to the synthetic digital content. The bill also requires the developer to ensure that:  

• outputs of the AI system are in a machine-readable format and detectable as synthetic content; and 

• the developer's technical solutions are effective, interoperable, robust, and reliable. 

The bill also provides definitions including:  

• 'algorithmic discrimination;' 

• 'AI system;' 

• 'general purpose AI model;' 

• 'high-risk AI system;' and

• 'synthetic digital content.'

Enforcement authority

The Attorney General (AG) and District Attorney (DA) have exclusive authority to enforce the bill. Beginning July 1, 2025, until June 30, 2026, the AG or DA will issue a notice of violation to an alleged violator and, if the violation can be cured, provide 60 days to cure the violation prior to initiating an enforcement action. After June 1, 2026, the AG or DA may consider other factors when determining to grant an opportunity to cure including:  

• number of violations; 

• size and complexity of the developer or deployer; 

• nature and extent of the developer's or deployer's business; 

• substantial likelihood of injury to the public resulting from the violation;

• safety of people or property; and  

• if the violation was caused by human or technical error. 

The bill also provides a list of affirmative defenses to any action commenced by the AG or DA. 

You can read the bill here and track its progress here.

On May 4, 2024, the bill was amended and referred to the House Committee of the Whole.

The amendments include removing the following:

• the provisions on general purpose AI models;

• the obligation on developers to disclose to consumers that synthetic digital content has been artificially generated or manipulated; and

• the provision relating to the attorney general or district attorney issuing a notice of violation to an alleged violator during the period between July 1, 2025, through June 30, 2026.

You can read the bill here and track its progress here.