...14 (s) Artificial Intelligence. – An insurer shall not use an art ificial intelligence -based 15 algorithm as the sole basis for a utilization review determination to , in whole or in part, deny, 16 delay, or modify any healthcare services for an insured. Only individuals meeting t he licensing 17 and q...

...are application that uses algorithms, machine learning, statistical modeling, data analytics, or an artificial intelligence system to assess an applicant's fitness for a position. (5)  "Commission" means the Texas Workforce Commission. (6)  "Employer" has the meaning assigned by Section 61.001. Sec. 95.002.  BIAS AUDIT RE...

... applying for a job offered by an employer. (3)  "Artificial intelligence system" means a system of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as com...

...ployment decision tool" means a computational process or software application that uses algorithms, machine learning, statistical modeling, data analytics, or an artificial intelligence system to assess an applicant's fitness for a position. (5)  "Commission" means the Texas Workforce Commission. (6)  "Employer" ha...

...89R16717 SCR-D By: Bhojani H.B. No. 5118 A BILL TO BE ENTITLED AN ACT relating to the use of an automated employment decision tool by an employer to assess a job applicant's fitness for a position. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1.  Title 2, Labor Code, is amended by addi...

...e meaning assigned by Section 61.001. Sec. 95.002.  BIAS AUDIT REQUIRED. An employer may not use an automated employment decision tool in regard to an applicant unless: (1)  a bias audit of the automated employment decision tool has been conducted by an impartial, independent auditor at the employer's reques...

...se an automated employment decision tool in regard to an applicant unless: (1)  a bias audit of the automated employment decision tool has been conducted by an impartial, independent auditor at the employer's request to determine whether the data incorporated into the automated employment decision tool may h...

..., independent auditor at the employer's request to determine whether the data incorporated into the automated employment decision tool may have the effect of causing discrimination prohibited under Chapter 21 or federal antidiscrimination laws; and (2)  the employer has posted on the employer's publicly acce...

...udit conducted under Subdivision (1). Sec. 95.003.  DISCLOSURE REQUIRED. An employer may not use an automated employment decision tool in regard to an applicant unless the employer: (1)  notifies the applicant that an automated employment decision tool may be used to assess the applicant's fitness for the po...

...nt decision tool in regard to an applicant unless the employer: (1)  notifies the applicant that an automated employment decision tool may be used to assess the applicant's fitness for the position; and (2)  provides the applicant with information describing how the automated employment decision tool will be...

...ant's fitness for the position; and (2)  provides the applicant with information describing how the automated employment decision tool will be used to assess the applicant's fitness for the position, including what characteristics may be evaluated for that purpose. Sec. 95.004.  RULES.  The commission shall ...

...are application that uses algorithms, machine learning, statistical modeling, data analytics, or an artificial intelligence system to assess an applicant's fitness for a position. (5)  "State agency" has the meaning assigned by Section 656.021. Sec. 656.202.  USE OF AUTOMATED EMPLOYMENT DECISION TOOL. A state agency may n...

...plying for a job offered by a state agency. (3)  "Artificial intelligence system" means a system of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as com...

...ployment decision tool" means a computational process or software application that uses algorithms, machine learning, statistical modeling, data analytics, or an artificial intelligence system to assess an applicant's fitness for a position. (5)  "State agency" has the meaning assigned by Section 656.021. Sec. 656....

...89R16156 LRM-D By: Menéndez S.B. No. 2473 A BILL TO BE ENTITLED AN ACT relating to the use of an automated employment decision tool by a state agency to assess a job applicant's fitness for a position. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1.  Chapter 656, Government Code, is ame...

.... Sec. 656.202.  USE OF AUTOMATED EMPLOYMENT DECISION TOOL. A state agency may not use or deploy an automated employment decision tool in violation of this subchapter. Sec. 656.203.  DISCLOSURE REQUIRED. A state agency may not use an automated employment decision tool in regard to an applicant unless the sta...

... in violation of this subchapter. Sec. 656.203.  DISCLOSURE REQUIRED. A state agency may not use an automated employment decision tool in regard to an applicant unless the state agency: (1)  notifies the applicant that an automated employment decision tool may be used to assess the applicant's fitness for th...

...ecision tool in regard to an applicant unless the state agency: (1)  notifies the applicant that an automated employment decision tool may be used to assess the applicant's fitness for the position; and (2)  provides the applicant with information describing how the automated employment decision tool will be...

...ant's fitness for the position; and (2)  provides the applicant with information describing how the automated employment decision tool will be used to assess the applicant's fitness for the position, including what characteristics may be evaluated for that purpose. Sec. 656.204.  DISCRIMINATION PROHIBITED. A...

.... 656.204.  DISCRIMINATION PROHIBITED. A state agency shall take measures to mitigate biases in any automated employment decision tool used or deployed by the state agency to ensure the tool does not discriminate on the basis of a state or federal protected class in violation of law. SECTION 2.  This Act tak...

...rticle, the following terms 12 shall have the following meanings: 13 1. "Artificial intelligence", "artificial intelligence technology", or 14 "AI" means a machine-based system that can, for a given set of human-de- 15 fined objectives, make predictions, recommendations, or decisions influ- 16 encing real or virtual envir...

...10829-01-5 A. 6767 2 1 3. "AI model" means a component of an information system that imple- 2 ments artificial intelligence technology and uses computational, statis- 3 tical, or machine-learning techniques to produce outputs from a given 4 set of inputs. 5 4. "AI companion" means a system using artificial intelligence, g...

...echniques to produce outputs from a given 4 set of inputs. 5 4. "AI companion" means a system using artificial intelligence, gener- 6 ative artificial intelligence, and/or emotional recognition algorithms 7 to simulate social human interaction, by retaining information on prior 8 interactions and user preference, asking q...

... companion. 19 6. "Person" means any natural person. 20 7. "Emotional recognition algorithms" means artificial intelligence 21 that detects and interprets human emotional signals in text (using 22 natural language processing and sentiment analysis), audio (using voice 23 emotion AI), video (using facial movement analysis,...

...eive real and virtual environments, abstract such 18 perceptions into models through analysis in an automated manner, and use 19 model inference to formulate options for information or action. 20 2. "Generative artificial intelligence" means a class of AI models 21 that are self-supervised and emulate the st...

...tudy Committee on Artificial Intelligence and Digital Currency; and 1 for other purposes.2 WHEREAS, artificial intelligence (AI), the development of compu ter systems to perform 3 tasks that normally require human intelligence, such as learnin g and decision making, has 4 the potential to spur innovation and transform ind...

... 15 implementation of common-sense standards and safeguards; and 16 WHEREAS, AI techniques, such as machine learning and deep learn ing, can be employed 17 to identify and prevent security threats in digital currency sy stems; and 18 WHEREAS, promoting responsible innovation, competition, and col laboration in publ...

...ng with certain entities, to assess 4 and address cybersecur ity threats and associated risks from artificial intelligence 5 and quantum computing; and generally relating to the Maryland Cybersecurity 6 Council membership . 7 BY repealing and reenacting, without amendments, 8 Article – State Government 9 Secti...

...89R16718 EAS-D By: Bhojani H.B. No. 4455 A BILL TO BE ENTITLED AN ACT relating to the use of artificial intelligence by health care providers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1.  Subtitle H, Title 2, Health and Safety Code, is amended by adding Chapter 180 to read as follows: CHAPTER...

...R USE OF ARTIFICIAL INTELLIGENCE. (a)  The executive commissioner by rule shall regulate the use of artificial intelligence by health care providers in this state. (b)  The rules adopted under Subsection (a) must: (1)  address the procedures necessary for a health care provider to responsibly use artificial intelligence i...

...ction (a) must: (1)  address the procedures necessary for a health care provider to responsibly use artificial intelligence in the provision of health care services and in analyzing and understanding health care information; and (2)  require a health care provider using artificial intelligence in the provision of health c...

...hen sending a message to the provider's patients that: (A)  discloses the health care provider uses artificial intelligence in the provision of health care services; and (B)  provides patients with contact information of a health care provider who is available to answer questions or address concerns. SECTION 2.  As soon a...

...  "Artificial intelligence" means computer software designed to simulate human intelligence through machine learning and perform tasks normally requiring human involvement. (2)  "Health care provider" means an individual who is licensed, certified, or otherwise authorized to provide health care services in this sta...

...alth care provider using artificial intelligence in the provision of health care services to use an automated messaging system when sending a message to the provider's patients that: (A)  discloses the health care provider uses artificial intelligence in the provision of health care services; and (B)  provid...

...89R13491 MEW-D By: Hickland H.B. No. 4448 A BILL TO BE ENTITLED AN ACT relating to an automated artificial intelligence review of library material purchased by public schools; providing an administrative penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1.  Chapter 35, Education Code, is amended...

...st ensure the material is submitted to a third party approved by the agency to conduct an automated artificial intelligence review of the material to determine whether the material should be rated as sexually explicit material or sexually relevant material. (b)  Not later than the 20th business day after an automated arti...

...aterial or sexually relevant material. (b)  Not later than the 20th business day after an automated artificial intelligence review is conducted under Subsection (a), an individual employed or contracted by the third party shall verify the results of the review. (c)  If an automated artificial intelligence review conducted...

...loyed or contracted by the third party shall verify the results of the review. (c)  If an automated artificial intelligence review conducted under Subsection (a) rates a library material as sexually explicit material or sexually relevant material, the third party must provide to the school district or open-enrollment char...

... and post on the agency's Internet website a list of third parties approved to conduct an automated artificial intelligence review under Subsection (a).  In adopting the list, the commissioner: (1)  may not approve a third party that holds a financial interest in a library material vendor; (2)  must require bias mitigatio...

...l under Section 35.001; and (4)  must require the third party to update the third party's automated artificial intelligence review system at least quarterly. (g)  The agency shall conduct quarterly audits of not less than five percent of library materials submitted for review under Subsection (a) to ensure accuracy in rat...

...rs, librarians, legal experts, and community representatives to verify the accuracy of an automated artificial intelligence review system. (h)  The agency shall remove a third party from the list adopted under Subsection (f) if the agency's audit under Subsection (g) determines that the third party's automated artificial ...

...,000 for each library material acquired in violation of that provision. (j)  If, based on automated artificial intelligence reviews and audits conducted under this section, the commissioner determines that a library material vendor has not rated or incorrectly rated three or more library materials in violation of this cha...

...erwise use outside the school library library material the library material vendor or the automated artificial intelligence review has rated as sexually relevant material under Section 35.002(a) or 35.0022(a) unless the district or school first obtains written consent from the student's parent or person standing in parent...

...89R13491 MEW-D By: Hickland H.B. No. 4448 A BILL TO BE ENTITLED AN ACT relating to an automated artificial intelligence review of library material purchased by public schools; providing an administrative penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1.  Chapter 35, Ed...

... school must ensure the material is submitted to a third party approved by the agency to conduct an automated artificial intelligence review of the material to determine whether the material should be rated as sexually explicit material or sexually relevant material. (b)  Not later than the 20th business day...

...explicit material or sexually relevant material. (b)  Not later than the 20th business day after an automated artificial intelligence review is conducted under Subsection (a), an individual employed or contracted by the third party shall verify the results of the review. (c)  If an automated artificial intel...

...vidual employed or contracted by the third party shall verify the results of the review. (c)  If an automated artificial intelligence review conducted under Subsection (a) rates a library material as sexually explicit material or sexually relevant material, the third party must provide to the school district...

...e)  A school district or open-enrollment charter school shall maintain documentation regarding each automated artificial intelligence review conducted under this section. (f)  The commissioner shall adopt and post on the agency's Internet website a list of third parties approved to conduct an automated artif...

...hall adopt and post on the agency's Internet website a list of third parties approved to conduct an automated artificial intelligence review under Subsection (a).  In adopting the list, the commissioner: (1)  may not approve a third party that holds a financial interest in a library material vendor; (2)  mus...

...nt material under Section 35.001; and (4)  must require the third party to update the third party's automated artificial intelligence review system at least quarterly. (g)  The agency shall conduct quarterly audits of not less than five percent of library materials submitted for review under Subsection (a) t...

...of educators, librarians, legal experts, and community representatives to verify the accuracy of an automated artificial intelligence review system. (h)  The agency shall remove a third party from the list adopted under Subsection (f) if the agency's audit under Subsection (g) determines that the third party...

...d under Subsection (f) if the agency's audit under Subsection (g) determines that the third party's automated artificial intelligence review system has less than a 95 percent rate of accuracy in rating library material as sexually explicit material or sexually relevant material. (i)  The agency shall assess ...

...exceed $10,000 for each library material acquired in violation of that provision. (j)  If, based on automated artificial intelligence reviews and audits conducted under this section, the commissioner determines that a library material vendor has not rated or incorrectly rated three or more library materials ...

...ut, or otherwise use outside the school library library material the library material vendor or the automated artificial intelligence review has rated as sexually relevant material under Section 35.002(a) or 35.0022(a) unless the district or school first obtains written consent from the student's parent or p...

...ased solely on results derived from the use or application of artificial intelligence or the use of automated decision tools. (C) A health care professional, as defined in Section 44-30-20, must supervise and meaningfully review any coverage decisions made using automated decision-making tools when those too...

...fined in Section 44-30-20, must supervise and meaningfully review any coverage decisions made using automated decision-making tools when those tools are used to inform decisions to modify or deny requests by providers for authorization prior to, or concurrent with, the provision of health care services to in...

...l to provide certain information relating to mental health to pupils; prohibiting certain uses of artificial intelligence in public schools; requiring that a pupil be allowed credit or promotion to the next higher grade despite absences from school in certain circumstances; deeming certain absences from school to be...

... be approved absences; imposing certain restrictions relating to the marketing and programming of artificial intelligence systems; prohibiting certain persons from representing themselves as qualified to provide mental or behavioral health care; imposing certain restrictions relating to the use of artificial intellig...

...to provide mental or behavioral health care; imposing certain restrictions relating to the use of artificial intelligence by providers of mental or behavio ral health care; providing civil penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the bo...

...er. (NRS 391.293, 391.294, 391.296) Section 2 12 of this bill prohibits a public school from using artificial intelligence to perform the 13 functions and duties of a school counselor, school psychologist or school social 14 worker which relate to the mental health of pupils. 15 Existing law, in general, requires a ...

...C of NRS) Section 7 of this bill prohibits, with certain 63 – 3 – - *AB406* exceptions, an artificial intelligence provider from offering to users in this State an 64 artificial intelligence system that is specifically programmed to provide a user with 65 a service or an e xperience that would constitute the pr...

...AB406* exceptions, an artificial intelligence provider from offering to users in this State an 64 artificial intelligence system that is specifically programmed to provide a user with 65 a service or an e xperience that would constitute the practice of professional mental 66 or behavioral health care if provided by a ...

...lth care if provided by a natural person. Section 7 also prohibits, 67 with certain exceptions, an artificial intelligence provider or a natural person who is 68 not licensed to practice professional mental or behavioral health care from making 69 certain representations that would lead a person to believe that the pro...

...m making 69 certain representations that would lead a person to believe that the provider, the 70 artificial intelligence system operated by the provider or the natural person is 71 capable of or qualified to provide mental or behavioral health care. Section 8 of this 72 bill imposes certain restrictions and prohibiti...

...itation, a charter 14 school or university school for profoundly gifted pupils , shall not 15 use artificial intelligence to perfo rm the functions and duties of a 16 school counselor, school psychologist or school social worker as 17 prescribed in NRS 391.293, 391.294 and 391.296, respectively, 18 which relate to th...

... 433 of NRS is hereb y amended by adding 31 thereto a new section to read as follows: 32 1. An artificial intelligence provider shall not make any 33 representation or statement or knowingly cause or program an 34 artificial intelligence system made available for use by a person in 35 this State to make any repres...

...ce provider shall not make any 33 representation or statement or knowingly cause or program an 34 artificial intelligence system made available for use by a person in 35 this State to make any representation or statement that explicitly 36 or implicitly indicates that: 37 (a) The artificial intelligence system is c...

...ake any representation or statement that explicitly 36 or implicitly indicates that: 37 (a) The artificial intelligence system is capable of providing 38 professional mental or behavioral health care; 39 (b) A user of the artificial intelligence system ma y interact with 40 any feature of the artificial intellige...

... is capable of providing 38 professional mental or behavioral health care; 39 (b) A user of the artificial intelligence system ma y interact with 40 any feature of the artificial intelligence system which simulates 41 human conversation in order to obtain professional mental or 42 behavioral health care; or 43 (...

...e; 39 (b) A user of the artificial intelligence system ma y interact with 40 any feature of the artificial intelligence system which simulates 41 human conversation in order to obtain professional mental or 42 behavioral health care; or 43 (c) The artificial intelligence system, or any component, 44 feature, ava...

...conversation in order to obtain professional mental or 42 behavioral health care; or 43 (c) The artificial intelligence system, or any component, 44 feature, avatar or embodiment of the artificial intelligence system 45 – 10 – - *AB406* is a provider of mental or behavioral health care, a therapist, a 1 cli...

... (c) The artificial intelligence system, or any component, 44 feature, avatar or embodiment of the artificial intelligence system 45 – 10 – - *AB406* is a provider of mental or behavioral health care, a therapist, a 1 clinical therapist, a counselor, a psychiatrist, a doctor or any othe r 2 term commonly used ...

...used to refer to a provider of professional mental 3 health or behavioral health care. 4 2. An artificial intelligence provider shall not make available 5 for use by a person in this State an artificial intelligence system 6 that is specifically programmed to provide a service or experience 7 to a user that would ...

...n artificial intelligence provider shall not make available 5 for use by a person in this State an artificial intelligence system 6 that is specifically programmed to provide a service or experience 7 to a user that would constitute the practice of professional mental 8 or behavioral health care if provided by a natur...

...l health crisis. 30 (3) Recommended best practices relating to the use or 31 potential use of artificial intelligence by a person who is seeking 32 care or relief from a mental or behavioral health condition, or 33 who is experiencing a mental or behavioral health ev ent, which 34 may include, without limitation,...

...ffer or provide professional mental or 5 behavioral health care. 6 (c) Offering or operating an artificial intelligence system that 7 is designed to be used by a provider of professional mental or 8 behavioral health care to perform tasks for administrative support 9 in conformity with subsection 2 of section 8 of...

...: 11 (a) “Artificial intelligence provider” means a person who 12 owns, operates or controls an artificial intelligence system. 13 (b) “Artificial intelligence system” means a system of 14 machine -based technology that can simulate human intelligence 15 through one or more technological means, including, withou...

.... 45 – 12 – - *AB406* 2. A prov ider of mental and behavioral health care may use 1 an artificial intelligence system to assist the provider with 2 performing tasks for administrative support, which may include, 3 without limitation: 4 (a) Scheduling appointments; 5 (b) Managing records; 6 (c) Bill...

...l session with a patient. 10 3. If a provider of mental and behavioral h ealth care uses an 11 artificial intelligence system for any purpose authorized in 12 subsection 2, the provider shall ensure that such use complies with 13 all applicable federal and state laws governing patient privacy and 14 the security o...

...f any report, data or other 23 information compil ed, summarized, analyzed or generated by 24 an artificial intelligence system for a purpose described in 25 subsection 2. 26 5. A provider of mental and behavioral health care who 27 violates any provision of this section is guilty of unprofessional 28 conduct a...

...chnological means, including, 22 without limitation, utilizing or deploying: 23 (a) Systems for machine learning ; 24 (b) Large language models; or 25 (c) Systems for natural language processing. 26 Sec. 3. NRS 392.050 is hereby amended to read as follows: 27 392.050 1. A child must be excused fro...

...logical means, including, without 16 limitation, by utilizing or deploying: 17 (1) Systems for machine learning ; 18 (2) Large language models; or 19 (3) Systems for natural language processing. 20 (c) “Pro fessional mental or behavioral health care”: 21 (1) Means mental or behavioral health care ...

...logical means, including, without 35 limitation, by utilizing or deploying: 36 (1) Systems for machine learning ; 37 (2) Large language models; or 38 (3) Systems for natural language processing. 39 (b) “Professional ment al and behavioral health care” means 40 psychotherapy, psychiatry, counseling, t...

..., or 16 decisions influencing real or virtual environments. 17 (2) Creator. – A person that uses artificial intelligence to generate synthetic 18 media. The term does not include a person that solely provides the technology 19 used in the creation of the synthetic media. 20 (3) Deceptive and fraudulent deepfake. – ...

...eplace one person 's 5 likeness or voice with that of another using deep generative methods 6 and artificial intelligence techniques, or for which one person 's 7 likeness or voice has otherwise been simulated using deep generative 8 methods and artificial intelligence techniques; 9 b. Was created with the intention...

...ne person 's 7 likeness or voice has otherwise been simulated using deep generative 8 methods and artificial intelligence techniques; 9 b. Was created with the intention to deceive or lead reasonable listeners 10 or viewers into believing that the content is authentic; 11 c. Reasonable viewers or listeners would be...

...s. The term includes, but is not limited to, creation or 22 alteration of an image with the use of artificial intelligence. 23 (8) Fabricated intimate image . – Any photograph, motion picture film, videotape, 24 digital image, or any other recording or transmission of another person who is 25 identifiable from the im...

...ing in sexual conduct in which the depicted 34 person did not actually engage. 35 (9) Generative artificial intelligence or Gen AI . – Artificial intelligence that: 36 a. Is trained on data; 37 b. Interacts with a person using text, audio, or visual communication; and 38 c. Generates non -scripted outputs similar...

... 4 c. Is likely or meant to harm reputation or mislead voters; and 5 d. Is created by generative artificial intelligence or with software, 6 machine learning, or any other computer -generated or technological 7 means, including adapting, modifying, manipulating, or altering a 8 realistic depiction. 9 (13) Regulate...

...y " as defined by G.S. 14-190.13. 13 (15) Sponsor. – A person that pays for the content that uses artificial intelligence 14 to generate synthetic media. 15 (16) Synthetic audio media. – Audio content that was substantially produced by 16 generative artificial intelligence. 17 (17) Synthetic media. – An image, aud...

... 15 (16) Synthetic audio media. – Audio content that was substantially produced by 16 generative artificial intelligence. 17 (17) Synthetic media. – An image, audio recording, or video recording of an 18 individual 's appearance, speech, or conduct that has been created or 19 intentionally manipulated with the use ...

... (18) Synthetic visual media. – An image or video that was substantially produced 22 by generative artificial intelligence. 23 "§ 170 -2. Use of synthetic media in political campaigns. 24 (a) Within 90 days before an election at which a candidate for elected office will appear 25 on the ballot, a person who acts as...

...tities that edited, altered, or otherwise modified the content; 8 and 9 (3) Any use of generative artificial intelligence in generating or modifying the 10 substantive content. 11 (c) This section applies to an audio or visual communication that: 12 (1) Is paid for by a candidate campaign committee, political actio...

...publication clearly states that the materially deceptive 35 audio or visual media was generated by artificial intelligence. 36 (3) Media that constitutes satire or parody. 37 (4) An interactive computer service as de fined in 47 U.S.C. § 230. 38 "Article 2. 39 "Pornography and Fabricated Images . 40 "§ 170-6. G...

...afekeeping or destruction. 38 "Article 3. 39 "Various Regulations. 40 "§ 170 -11. Generative artificial intelligence transparency disclosures. 41 (a) Except as provided in subsection (b) of this section, when a person uses generative 42 artificial intelligence to interact with an individual, the business or pers...

...s. 41 (a) Except as provided in subsection (b) of this section, when a person uses generative 42 artificial intelligence to interact with an individual, the business or person shall disclose that the 43 individual is interacting with Gen AI only if the individual asks whether the interaction involves 44 generative ar...

...interacting with Gen AI only if the individual asks whether the interaction involves 44 generative artificial intelligence . 45 (b) When generative artificial intelligence is utilized in the provision of services of a 46 regulated occupation, a prominent mandatory disclosure must be clearly and conspicuously 47 provid...

...s whether the interaction involves 44 generative artificial intelligence . 45 (b) When generative artificial intelligence is utilized in the provision of services of a 46 regulated occupation, a prominent mandatory disclosure must be clearly and conspicuously 47 provided. 48 (c) Regulated occupation professionals mu...

...inal offense under this Chapter if the defendant 11 commits the offense with the aid of generative artificial intelligence or intentionally prompts or 12 otherwise causes generative artificial intelligence to commit the offense. 13 (b) It is not a defense to the violation of any statute that generative artificial inte...

...d of generative artificial intelligence or intentionally prompts or 12 otherwise causes generative artificial intelligence to commit the offense. 13 (b) It is not a defense to the violation of any statute that generative artificial intelligence 14 made the violative statement, undertook the violative act , or was used...

...to commit the offense. 13 (b) It is not a defense to the violation of any statute that generative artificial intelligence 14 made the violative statement, undertook the violative act , or was used in furtherance of the 15 violation. 16 "§ 170 -14. Statutory construction . 17 (a) It is the intent of the General Ass...

...or mislead voters; and 5 d. Is created by generative artificial intelligence or with software, 6 machine learning, or any other computer -generated or technological 7 means, including adapting, modifying, manipulating, or altering a 8 realistic depiction. 9 (13) Regulated occupation. – Any occupation that is...

...es, regardless 20 of whether the creation or alteration is accomplished manually or through an 21 automated process. The term includes, but is not limited to, creation or 22 alteration of an image with the use of artificial intelligence. 23 (8) Fabricated intimate image . – Any photograph, motion pictur...

...service as defined in 47 U.S.C. § 230. 36 (2) For communication that is auditory, such as radio or automated telephone 37 calls, clearly speaking the statement at the beginning of the audio, at the end 38 of the audio, and, if the audio is greater than two minutes in length, 39 interspersed within the au...

...s the technology 19 used in the creation of the synthetic media. 20 (3) Deceptive and fraudulent deepfake. – Synthetic media that depicts a candidate 21 or political party with the intent to injure the reputation of the candidate or 22 political party or otherwise deceive a voter and that either: 23 ...

...te and distribute a synthetic 26 media message that the person knows is a deceptive and fraudulent deepfake of that candidate or 27 of a political party that is on that ballot unless the synthetic media message includes a clear and 28 conspicuous disclosure that meets the following criteria: 29 (1) An ...

...e whose appearance, action, or speech is depicted through the use of a 44 deceptive and fraudulent deepfake in violation of this Article may seek injunctive or other 45 equitable relief prohibiting the publication of the deceptive and fraudulent deepfake. 46 (b) A candidate whose voice or likeness appea...

...njunctive or other 45 equitable relief prohibiting the publication of the deceptive and fraudulent deepfake. 46 (b) A candidate whose voice or likeness appears in materially deceptive media in 47 violation of this Article may seek reasonable attorneys ' fees, costs, and injunctive relief 48 prohibiting...

... television operator, programmer , or producer that: 20 a. Broadcasts a deceptive and fraudulent deepfake that is prohibited by 21 this A rticle and that is part of a bona fide newscast, news interview , or 22 news documentary or on -the-spot coverage of bona fide news events, 23 if the broadcast cle...

...rially deceptive audio or visual media; and 27 b. Is paid to broadcast a deceptive and fraudulent deepfake and has made 28 a good -faith effort to establish that the depiction is not a deceptive and 29 fraudulent deepfake. 30 (2) An internet website or a regularly published newspaper, magazine , or ot...

...made 28 a good -faith effort to establish that the depiction is not a deceptive and 29 fraudulent deepfake. 30 (2) An internet website or a regularly published newspaper, magazine , or other 31 periodical of general circulation, including an internet or electronic 32 publication, that routinely carrie...

... term does not include a person that solely provides the technology 19 used in the creation of the synthetic media. 20 (3) Deceptive and fraudulent deepfake. – Synthetic media that depicts a candidate 21 or political party with the intent to injure the reputation of the candidate or 22 political party or othe...

...15) Sponsor. – A person that pays for the content that uses artificial intelligence 14 to generate synthetic media. 15 (16) Synthetic audio media. – Audio content that was substantially produced by 16 generative artificial intelligence. 17 (17) Synthetic media. – An image, audio recording, or video recording...

... that was substantially produced 22 by generative artificial intelligence. 23 "§ 170 -2. Use of synthetic media in political campaigns. 24 (a) Within 90 days before an election at which a candidate for elected office will appear 25 on the ballot, a person who acts as a creator shall not sponsor or create an...

...fraudulent deepfake of that candidate or 27 of a political party that is on that ballot unless the synthetic media message includes a clear and 28 conspicuous disclosure that meets the following criteria: 29 (1) An audio communication that contains synthetic audio media shall include 30 audibly at the beginni...

...that can be easily heard by the 35 average listener. 36 (2) A visual communication that contains synthetic media shall display 37 throughout the duration of each portion of the communication containing 38 synthetic media, in legible writing, the words: 39 a. "This video content generated by AI, " if the con...

...media shall display 37 throughout the duration of each portion of the communication containing 38 synthetic media, in legible writing, the words: 39 a. "This video content generated by AI, " if the content is a video that 40 includes synthetic visual media but not synthetic audio media; 41 b. "This image ge...

... candidate or ballot proposition 15 in an election or primary in this State; and 16 (3) Contains synthetic media. 17 "§ 170 -3. Use of materially deceptive media in political communications . 18 (a) A person that distributes or publishes any political communication that was produced 19 by or includes mate...

...apter numbered 58, consisting of sections numbered 59.1-607 through 59.1-612, relating to high-risk artificial intelligence; development, deployment, and use; civil penalties.[H 2094]ApprovedBe it enacted by the General Assembly of Virginia:1. That the Code of Virginia is amended by adding in Title 59.1 a chapter numbered...

...r, unless the context requires a different meaning:"Algorithmic discrimination" means the use of an artificial intelligence system that results in an unlawful differential treatment or impact that disfavors an individual or group of individuals on the basis of their actual or perceived age, color, disability, ethnicity, g...

...al law. "Algorithmic discrimination" does not include (i) the offer, license, or use of a high-risk artificial intelligence system by a developer or deployer for the sole purpose of the developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and fed...

...n influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial int...

...ificial intelligence system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or ...

...l intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers."Consequential decision" means any decision that has a material legal, or similarly significant, ef...

... prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers."Consequential decision" means any decision that has a material legal, or similarly significant, effect on the provision or denial to any consumer of...

...ext."Deployer" means any person doing business in the Commonwealth that deploys or uses a high-risk artificial intelligence system to make a consequential decision in the Commonwealth."Developer" means any person doing business in the Commonwealth that develops or intentionally and substantially modifies a high-risk artif...

... business in the Commonwealth that develops or intentionally and substantially modifies a high-risk artificial intelligence system that is offered, sold, leased, given, or otherwise made available to deployers or consumers in the Commonwealth."Facial recognition" means the use of a computer system that, for the purpose of...

... individual, to identify a potential match in pursuit of the individual's identity."General-purpose artificial intelligence model" means a model used by an artificial intelligence system or other system that (i) displays significant generality, (ii) is capable of competently performing a wide range of distinct tasks, and ...

... the individual's identity."General-purpose artificial intelligence model" means a model used by an artificial intelligence system or other system that (i) displays significant generality, (ii) is capable of competently performing a wide range of distinct tasks, and (iii) can be integrated into a variety of downstream app...

... and (iii) can be integrated into a variety of downstream applications or systems. "General-purpose artificial intelligence model" does not include any artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence model is made available to deployers o...

...tream applications or systems. "General-purpose artificial intelligence model" does not include any artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence model is made available to deployers or consumers."Generative artificial intelligence" mea...

...l intelligence model that is used for development, prototyping, and research activities before such artificial intelligence model is made available to deployers or consumers."Generative artificial intelligence" means an artificial intelligence system that is capable of producing and used to produce synthetic content, incl...

...s before such artificial intelligence model is made available to deployers or consumers."Generative artificial intelligence" means an artificial intelligence system that is capable of producing and used to produce synthetic content, including audio, images, text, and videos."Generative artificial intelligence system" mean...

...nce model is made available to deployers or consumers."Generative artificial intelligence" means an artificial intelligence system that is capable of producing and used to produce synthetic content, including audio, images, text, and videos."Generative artificial intelligence system" means any artificial intelligence syst...

...ducing and used to produce synthetic content, including audio, images, text, and videos."Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence."High-risk artificial intelligence system" means any artificial intelligence system th...

...nt, including audio, images, text, and videos."Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence."High-risk artificial intelligence system" means any artificial intelligence system that is specifically intended to autonomousl...

...telligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence."High-risk artificial intelligence system" means any artificial intelligence system that is specifically intended to autonomously make, or be a substantial factor in making, a consequential decision....

...cial intelligence system or service that incorporates generative artificial intelligence."High-risk artificial intelligence system" means any artificial intelligence system that is specifically intended to autonomously make, or be a substantial factor in making, a consequential decision. A system or service is not a "high...

...ncorporates generative artificial intelligence."High-risk artificial intelligence system" means any artificial intelligence system that is specifically intended to autonomously make, or be a substantial factor in making, a consequential decision. A system or service is not a "high-risk artificial intelligence system" if i...

...e a substantial factor in making, a consequential decision. A system or service is not a "high-risk artificial intelligence system" if it is intended to (i) perform a narrow procedural task, (ii) improve the result of a previously completed human activity, (iii) detect any decision-making patterns or any deviations from p...

...r (iv) perform a preparatory task to an assessment relevant to a consequential decision. "High-risk artificial intelligence system" does not include any of the following technologies:1. Anti-fraud technology that does not use facial recognition technology;2. Anti-malware technology;3. Anti-virus technology;4. Artificial i...

...y or unlawful."Intentional and substantial modification" means any deliberate change made to (i) an artificial intelligence system that results, at the time when the change is implemented and any time thereafter, in any new material risk of algorithmic discrimination or (ii) a general-purpose artificial intelligence model...

...y time thereafter, in any new material risk of algorithmic discrimination or (ii) a general-purpose artificial intelligence model that affects compliance of the general-purpose artificial intelligence model, materially changes the purpose of the general-purpose artificial intelligence model, or results in any new reasonab...

...(ii) a general-purpose artificial intelligence model that affects compliance of the general-purpose artificial intelligence model, materially changes the purpose of the general-purpose artificial intelligence model, or results in any new reasonably foreseeable risk of algorithmic discrimination. "Intentional and substanti...

...eneral-purpose artificial intelligence model, materially changes the purpose of the general-purpose artificial intelligence model, or results in any new reasonably foreseeable risk of algorithmic discrimination. "Intentional and substantial modification" does not include (a) any customization made by deployers that (1) is...

...on legitimate nondiscriminatory business justifications, (2) is within the scope and purpose of the artificial intelligence tool, and (3) that does not result in a material change to the risks of algorithmic discrimination or (b) any change made to a high-risk artificial intelligence system, or the performance of a high-r...

... a material change to the risks of algorithmic discrimination or (b) any change made to a high-risk artificial intelligence system, or the performance of a high-risk artificial intelligence system, if (1) the high-risk artificial intelligence system continues to learn after such high-risk artificial intelligence system is...

...b) any change made to a high-risk artificial intelligence system, or the performance of a high-risk artificial intelligence system, if (1) the high-risk artificial intelligence system continues to learn after such high-risk artificial intelligence system is offered, sold, leased, licensed, given, or otherwise made availab...

...ence system, or the performance of a high-risk artificial intelligence system, if (1) the high-risk artificial intelligence system continues to learn after such high-risk artificial intelligence system is offered, sold, leased, licensed, given, or otherwise made available to a deployer, or deployed, and (2) such change (A...

...system, if (1) the high-risk artificial intelligence system continues to learn after such high-risk artificial intelligence system is offered, sold, leased, licensed, given, or otherwise made available to a deployer, or deployed, and (2) such change (A) is made to such high-risk artificial intelligence system as a result ...

...erwise made available to a deployer, or deployed, and (2) such change (A) is made to such high-risk artificial intelligence system as a result of any learning described in clause (b) (1) and (B) was predetermined by the deployer or the third party contracted by the deployer and included within the initial impact assessmen...

...arty contracted by the deployer and included within the initial impact assessment of such high-risk artificial intelligence system as required in § 59.1-609."Machine learning" means the development of algorithms to build data-derived statistical models that are capable of drawing inferences from previously unseen data wit...

...any government or political subdivision."Principal basis" means the use of an output of a high-risk artificial intelligence system to make a decision without (i) human review, oversight, involvement, or intervention or (ii) meaningful consideration by a human."Red-teaming" means adversarial testing to identify the potenti...

...ed-teaming" means adversarial testing to identify the potential adverse behaviors or outcomes of an artificial intelligence system, identify how such behaviors or outcomes occur, and stress test the safeguards against such behaviors or outcomes."Substantial factor" means a factor that (i) uses the principal basis for maki...

..., (ii) is capable of altering the outcome of a consequential decision, and (iii) is generated by an artificial intelligence system. "Substantial factor" includes any use of an artificial intelligence system to generate any content, decision, prediction, or recommendation concerning a consumer that is used as the principal...

...iii) is generated by an artificial intelligence system. "Substantial factor" includes any use of an artificial intelligence system to generate any content, decision, prediction, or recommendation concerning a consumer that is used as the principal basis to make a consequential decision concerning the consumer."Synthetic c...

...nt practicable, text, that has been significantly modified or generated by algorithms, including by artificial intelligence."Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that (i) derives independent economic value, actual or potential, from not...

...e circumstances to maintain its secrecy.§ 59.1-608. Operating standards for developers of high-risk artificial intelligence systems.A. Each developer of a high-risk artificial intelligence system shall use a reasonable duty of care to protect consumers from any known or reasonably foreseeable risks of algorithmic discrimi...

...ndards for developers of high-risk artificial intelligence systems.A. Each developer of a high-risk artificial intelligence system shall use a reasonable duty of care to protect consumers from any known or reasonably foreseeable risks of algorithmic discrimination arising from the intended and contracted uses. In any enfo...

...ral pursuant to § 59.1-611, there shall be a rebuttable presumption that a developer of a high-risk artificial intelligence system used a reasonable duty of care as required by this subsection if the developer complied with the requirements of this section.B. No developer of a high-risk artificial intelligence system shal...

...tion if the developer complied with the requirements of this section.B. No developer of a high-risk artificial intelligence system shall offer, sell, lease, give, or otherwise provide to a deployer or other developer a high-risk artificial intelligence system unless the developer makes available to the deployer or other d...

...m shall offer, sell, lease, give, or otherwise provide to a deployer or other developer a high-risk artificial intelligence system unless the developer makes available to the deployer or other developer:1. A statement disclosing the intended uses of such high-risk artificial intelligence system;2. Documentation disclosing...

...le to the deployer or other developer:1. A statement disclosing the intended uses of such high-risk artificial intelligence system;2. Documentation disclosing the following:a. The known or reasonably known limitations of such high-risk artificial intelligence system, including any and all known or reasonably foreseeable r...

...cumentation disclosing the following:a. The known or reasonably known limitations of such high-risk artificial intelligence system, including any and all known or reasonably foreseeable risks of algorithmic discrimination arising from the intended uses of such high-risk artificial intelligence system;b. The purpose of suc...

...ly foreseeable risks of algorithmic discrimination arising from the intended uses of such high-risk artificial intelligence system;b. The purpose of such high-risk artificial intelligence system and the intended benefits and uses of such high-risk artificial intelligence system;c. A summary describing how such high-risk a...

...the intended uses of such high-risk artificial intelligence system;b. The purpose of such high-risk artificial intelligence system and the intended benefits and uses of such high-risk artificial intelligence system;c. A summary describing how such high-risk artificial intelligence system was evaluated for performance befo...

... such high-risk artificial intelligence system and the intended benefits and uses of such high-risk artificial intelligence system;c. A summary describing how such high-risk artificial intelligence system was evaluated for performance before such high-risk artificial intelligence system was licensed, sold, leased, given, ...

...nd uses of such high-risk artificial intelligence system;c. A summary describing how such high-risk artificial intelligence system was evaluated for performance before such high-risk artificial intelligence system was licensed, sold, leased, given, or otherwise made available to a deployer or other developer;d. The measur...

...w such high-risk artificial intelligence system was evaluated for performance before such high-risk artificial intelligence system was licensed, sold, leased, given, or otherwise made available to a deployer or other developer;d. The measures the developer has taken to mitigate reasonable foreseeable risks of algorithmic ...

...algorithmic discrimination that the developer knows arises from deployment or use of such high-risk artificial intelligence system; ande. How an individual can use such high-risk artificial intelligence system and monitor the performance of such high-risk artificial intelligence system for any risk of algorithmic discrimi...

...se of such high-risk artificial intelligence system; ande. How an individual can use such high-risk artificial intelligence system and monitor the performance of such high-risk artificial intelligence system for any risk of algorithmic discrimination;3. Documentation including (i) a description of how the high-risk artifi...

...can use such high-risk artificial intelligence system and monitor the performance of such high-risk artificial intelligence system for any risk of algorithmic discrimination;3. Documentation including (i) a description of how the high-risk artificial intelligence system was evaluated for performance and for mitigation of ...

...isk of algorithmic discrimination;3. Documentation including (i) a description of how the high-risk artificial intelligence system was evaluated for performance and for mitigation of algorithmic discrimination before such system was made available to the deployer or other developer; (ii) a description of the intended outp...

...ble to the deployer or other developer; (ii) a description of the intended outputs of the high-risk artificial intelligence system; (iii) a description of the measures the developer has taken to mitigate known or reasonably foreseeable risks of algorithmic discrimination that may arise from the reasonably foreseeable depl...

...gorithmic discrimination that may arise from the reasonably foreseeable deployment of the high-risk artificial intelligence system; and (iv) a description of how the high-risk artificial intelligence system should be used, not be used, and be monitored by an individual when such system is used to make, or is a substantial...

...oyment of the high-risk artificial intelligence system; and (iv) a description of how the high-risk artificial intelligence system should be used, not be used, and be monitored by an individual when such system is used to make, or is a substantial factor in making, a consequential decision; and4. Any additional documentat...

...eployer or other developer in understanding the outputs and monitoring performance of the high-risk artificial intelligence system for risks of algorithmic discrimination.C. Each developer that offers, sells, leases, gives, or otherwise makes available to a deployer or other developer a high-risk artificial intelligence s...

...rs, sells, leases, gives, or otherwise makes available to a deployer or other developer a high-risk artificial intelligence system shall make available to the deployer or other developer to the extent feasible and necessary, information and documentation through artifacts such as system cards or predeployment impact asses...

...ssessment as required in § 59.1-609.D. A developer that also serves as a deployer for any high-risk artificial intelligence system shall not be required to generate the documentation required by this section unless such high-risk artificial intelligence system is provided to an unaffiliated entity acting as a deployer or ...

... shall not be required to generate the documentation required by this section unless such high-risk artificial intelligence system is provided to an unaffiliated entity acting as a deployer or as otherwise required by law.E. Nothing in this section shall be construed to require a developer to disclose any trade secret, in...

... or other confidential or proprietary information protected under state or federal law.F. High-risk artificial intelligence systems that are in conformity with the latest version of the Artificial Intelligence Risk Management Framework published by the National Institute of Standards and Technology, Standard ISO/IEC 42001...

... Standardization, or another nationally or internationally recognized risk management framework for artificial intelligence systems, or parts thereof, shall be presumed to be in conformity with related requirements set out in this section and in associated regulations.G. For any disclosure required pursuant to this sectio...

...n 90 days after the developer performs an intentional and substantial modification to any high-risk artificial intelligence system, update such disclosure as necessary to ensure that such disclosure remains accurate.H. 1. Each developer of a high-risk generative artificial intelligence system that generates or substantial...

...sary to ensure that such disclosure remains accurate.H. 1. Each developer of a high-risk generative artificial intelligence system that generates or substantially modifies synthetic content shall ensure that the outputs of such high-risk artificial intelligence system (i) are identifiable and detectable in a manner that i...

...nerates or substantially modifies synthetic content shall ensure that the outputs of such high-risk artificial intelligence system (i) are identifiable and detectable in a manner that is accessible by consumers using industry-standard tools or tools provided by the developer; (ii) comply with any applicable accessibility ...

...tirical, fictional analogous work or program, such requirement for identifying outputs of high-risk artificial intelligence systems pursuant to subdivision 1 shall be limited to a manner that does not hinder the display or enjoyment of such work or program.3. The identification of outputs required by subdivision 1 shall n...

... to mislead a reasonable person consuming such synthetic content or (ii) the outputs of a high-risk artificial intelligence system that performs an assistive function for standard editing, does not substantially alter the input data provided by the developer, or is used to detect, prevent, investigate, or prosecute any cr...

...uthorized by law.I. Where multiple developers directly contribute to the development of a high-risk artificial intelligence system, each developer shall be subject to the obligations and operating standards applicable to developers pursuant to this section solely with respect to its activities contributing to the developm...

...this section solely with respect to its activities contributing to the development of the high-risk artificial intelligence system.§ 59.1-609. Operating standards for deployers of high-risk artificial intelligence systems.A. Each deployer of a high-risk artificial intelligence system shall use a reasonable duty of care to...

...high-risk artificial intelligence system.§ 59.1-609. Operating standards for deployers of high-risk artificial intelligence systems.A. Each deployer of a high-risk artificial intelligence system shall use a reasonable duty of care to protect consumers from any known or reasonably foreseeable risks of algorithmic discrimin...

...tandards for deployers of high-risk artificial intelligence systems.A. Each deployer of a high-risk artificial intelligence system shall use a reasonable duty of care to protect consumers from any known or reasonably foreseeable risks of algorithmic discrimination. In any enforcement action brought by the Attorney General...

...eral pursuant to § 59.1-611, there shall be a rebuttable presumption that a deployer of a high-risk artificial intelligence system used a reasonable duty of care as required by this subsection if the deployer complied with the provisions of this section.B. No deployer shall deploy or use a high-risk artificial intelligenc...

...eployer complied with the provisions of this section.B. No deployer shall deploy or use a high-risk artificial intelligence system to make a consequential decision unless the deployer has designed and implemented a risk management policy and program for such high-risk artificial intelligence system. The risk management po...

...s the deployer has designed and implemented a risk management policy and program for such high-risk artificial intelligence system. The risk management policy shall specify the principles, processes, and personnel that the deployer shall use in maintaining the risk management program to identify, mitigate, and document an...

...ic discrimination that is a reasonably foreseeable consequence of deploying or using such high-risk artificial intelligence system to make a consequential decision. Each risk management policy and program designed, implemented, and maintained pursuant to this subsection shall be reasonable considering the guidance and sta...

...ion for Standardization;3. A nationally or internationally recognized risk management framework for artificial intelligence systems with requirements that are substantially equivalent to, and at least as stringent as, the requirements set forth in this section; or4. Any risk management framework for artificial intelligenc...

...as stringent as, the requirements set forth in this section; or4. Any risk management framework for artificial intelligence systems that the Attorney General may designate and is substantially equivalent to, and at least as stringent as, the guidance and standards described in subdivision 1.High-risk artificial intelligen...

...t to, and at least as stringent as, the guidance and standards described in subdivision 1.High-risk artificial intelligence systems that are in conformity with the latest version of the Artificial Intelligence Risk Management Framework published by the National Institute of Standards and Technology, Standard ISO/IEC 42001...

... Standardization, or another nationally or internationally recognized risk management framework for artificial intelligence systems, or parts thereof, shall be presumed to be in conformity with related requirements set out in this section and in associated regulations.C. Except as provided in this subsection, no deployer ...

...d regulations.C. Except as provided in this subsection, no deployer shall deploy or use a high-risk artificial intelligence system to make a consequential decision unless the deployer has completed an impact assessment for such high-risk artificial intelligence system. The deployer shall complete an impact assessment for ...

... a consequential decision unless the deployer has completed an impact assessment for such high-risk artificial intelligence system. The deployer shall complete an impact assessment for a high-risk artificial intelligence system (i) before the deployer initially deploys such high-risk artificial intelligence system and (ii...

...sk artificial intelligence system. The deployer shall complete an impact assessment for a high-risk artificial intelligence system (i) before the deployer initially deploys such high-risk artificial intelligence system and (ii) before a significant update to such high-risk artificial intelligence system is used to make a ...

...a high-risk artificial intelligence system (i) before the deployer initially deploys such high-risk artificial intelligence system and (ii) before a significant update to such high-risk artificial intelligence system is used to make a consequential decision.Each impact assessment completed pursuant to this subsection shal...

...uch high-risk artificial intelligence system and (ii) before a significant update to such high-risk artificial intelligence system is used to make a consequential decision.Each impact assessment completed pursuant to this subsection shall include, at a minimum:1. A statement by the deployer disclosing (i) the purpose, int...

...) the purpose, intended use cases and deployment context of, and benefits afforded by the high-risk artificial intelligence system and (ii) whether the deployment or use of the high-risk artificial intelligence system poses any known or reasonably foreseeable risk of algorithmic discrimination and, if so, (a) the nature o...

...he high-risk artificial intelligence system and (ii) whether the deployment or use of the high-risk artificial intelligence system poses any known or reasonably foreseeable risk of algorithmic discrimination and, if so, (a) the nature of such algorithmic discrimination and (b) the steps that have been taken, to the extent...

...t assessment completed pursuant to this subsection, whether the intended use cases of the high-risk artificial intelligence system as updated were consistent with, or varied from, the developer's intended uses of such high-risk artificial intelligence system;3. A description of (i) the categories of data the high-risk art...

...em as updated were consistent with, or varied from, the developer's intended uses of such high-risk artificial intelligence system;3. A description of (i) the categories of data the high-risk artificial intelligence system processes as inputs and (ii) the outputs such high-risk artificial intelligence system produces;4. I...

...gh-risk artificial intelligence system;3. A description of (i) the categories of data the high-risk artificial intelligence system processes as inputs and (ii) the outputs such high-risk artificial intelligence system produces;4. If the deployer used data to customize the high-risk artificial intelligence system, an overv...

...he high-risk artificial intelligence system processes as inputs and (ii) the outputs such high-risk artificial intelligence system produces;4. If the deployer used data to customize the high-risk artificial intelligence system, an overview of the categories of data the deployer used to customize such high-risk artificial ...

...isk artificial intelligence system produces;4. If the deployer used data to customize the high-risk artificial intelligence system, an overview of the categories of data the deployer used to customize such high-risk artificial intelligence system;5. A list of any metrics used to evaluate the performance and known limitati...

...ligence system, an overview of the categories of data the deployer used to customize such high-risk artificial intelligence system;5. A list of any metrics used to evaluate the performance and known limitations of the high-risk artificial intelligence system;6. A description of any transparency measures taken concerning t...

...em;5. A list of any metrics used to evaluate the performance and known limitations of the high-risk artificial intelligence system;6. A description of any transparency measures taken concerning the high-risk artificial intelligence system, including any measures taken to disclose to a consumer that such high-risk artifici...

...al intelligence system;6. A description of any transparency measures taken concerning the high-risk artificial intelligence system, including any measures taken to disclose to a consumer that such high-risk artificial intelligence system is in use when such high-risk artificial intelligence system is in use;7. A descripti...

...ial intelligence system, including any measures taken to disclose to a consumer that such high-risk artificial intelligence system is in use when such high-risk artificial intelligence system is in use;7. A description of any post-deployment monitoring performed and user safeguards provided concerning such high-risk artif...

...lose to a consumer that such high-risk artificial intelligence system is in use when such high-risk artificial intelligence system is in use;7. A description of any post-deployment monitoring performed and user safeguards provided concerning such high-risk artificial intelligence system, including any oversight process es...

... of any post-deployment monitoring performed and user safeguards provided concerning such high-risk artificial intelligence system, including any oversight process established by the deployer to address issues arising from deployment or use of such high-risk artificial intelligence system as such issues arise; and8. An an...

...cess established by the deployer to address issues arising from deployment or use of such high-risk artificial intelligence system as such issues arise; and8. An analysis of such high-risk artificial intelligence system's validity and reliability in accordance with standard industry practices and a description of any metr...

... high-risk artificial intelligence system as such issues arise; and8. An analysis of such high-risk artificial intelligence system's validity and reliability in accordance with standard industry practices and a description of any metrics used to evaluate the performance and known limitations of such high-risk artificial i...

...description of any metrics used to evaluate the performance and known limitations of such high-risk artificial intelligence system.A single impact assessment may address a comparable set of high-risk artificial intelligence systems deployed or used by a deployer. High-risk artificial intelligence systems that are in confo...

...artificial intelligence system.A single impact assessment may address a comparable set of high-risk artificial intelligence systems deployed or used by a deployer. High-risk artificial intelligence systems that are in conformity with the latest version of the Artificial Intelligence Risk Management Framework published by ...

...mparable set of high-risk artificial intelligence systems deployed or used by a deployer. High-risk artificial intelligence systems that are in conformity with the latest version of the Artificial Intelligence Risk Management Framework published by the National Institute of Standards and Technology, Standard ISO/IEC 42001...

... Standardization, or another nationally or internationally recognized risk management framework for artificial intelligence systems, or parts thereof, shall be presumed to be in conformity with related requirements set out in this section and in associated regulations. If a deployer completes an impact assessment for the ...

...ds concerning such impact assessment for three years.Throughout the period of time that a high-risk artificial intelligence system is deployed and for a period of at least three years following the final deployment of such high-risk artificial intelligence system, the deployer shall retain all records concerning each impa...

... deployed and for a period of at least three years following the final deployment of such high-risk artificial intelligence system, the deployer shall retain all records concerning each impact assessment conducted on the high-risk artificial intelligence system, including all raw data used to evaluate the performance and ...

... the deployer shall retain all records concerning each impact assessment conducted on the high-risk artificial intelligence system, including all raw data used to evaluate the performance and known limitations of such system.D. Not later than the time that a deployer uses a high-risk artificial intelligence system to inte...

...ce and known limitations of such system.D. Not later than the time that a deployer uses a high-risk artificial intelligence system to interact with a consumer, the deployer shall disclose to the consumer that the deployer is interacting with an artificial intelligence system disclosing (i) the purpose of such high-risk ar...

...th a consumer, the deployer shall disclose to the consumer that the deployer is interacting with an artificial intelligence system disclosing (i) the purpose of such high-risk artificial intelligence system, (ii) the nature of such system, (iii) the nature of the consequential decision, (iv) the contact information for th...

... is interacting with an artificial intelligence system disclosing (i) the purpose of such high-risk artificial intelligence system, (ii) the nature of such system, (iii) the nature of the consequential decision, (iv) the contact information for the deployer, and (v) a description of the artificial intelligence system in p...

...consequential decision, (iv) the contact information for the deployer, and (v) a description of the artificial intelligence system in plain language of such system, which shall include (a) a description of the personal characteristics or attributes that such system will measure or assess, (b) the method by which the syste...

...uch system are used to inform such consequential decisions.A deployer that has deployed a high-risk artificial intelligence system to make a consequential decision concerning a consumer shall transmit to the consumer the consequential decision without undue delay. If such consequential decision is adverse to such consumer...

...for the consequential decision, including (1) the degree to which and manner in which the high-risk artificial intelligence system contributed to the consequential decision, (2) the type of data that was processed by such system in making the consequential decision, and (3) the sources of such data; (b) pursuant to the pr...

...eq.), an opportunity to correct any inaccuracies in the consumer's personal data that the high-risk artificial intelligence system processed in making, or as a substantial factor in making, the consequential decision; and (c) an opportunity to appeal such adverse consequential decision concerning the consumer arising from...

...eable risk of algorithmic discrimination that may arise from the use or deployment of the high-risk artificial intelligence system.F. For any disclosure required pursuant to this section, each deployer shall, no later than 30 days after the deployer is notified by the developer that the developer has performed an intentio...

...loper that the developer has performed an intentional and substantial modification to any high-risk artificial intelligence system, update such disclosure as necessary to ensure that such disclosure remains accurate.G. Any deployer who performs an intentional and substantial modification to any high-risk artificial intell...

... accurate.G. Any deployer who performs an intentional and substantial modification to any high-risk artificial intelligence system shall comply with the documentation and disclosure requirements for developers pursuant to subsections B through G of § 59.1-608.H. Nothing in this section shall be construed to require a depl...

... seq.).F. The obligations imposed on developers or deployers by this chapter shall not apply to any artificial intelligence system that is acquired by or for the federal government or any federal agency or department, including the U.S. Department of Commerce, the U.S. Department of Defense, and the National Aeronautics a...

... the U.S. Department of Defense, and the National Aeronautics and Space Administration, unless such artificial intelligence system is a high-risk artificial intelligence system that is used to make, or is a substantial factor in making, a decision concerning employment or housing.G. For the purposes of this subsection:"Af...

...nal Aeronautics and Space Administration, unless such artificial intelligence system is a high-risk artificial intelligence system that is used to make, or is a substantial factor in making, a decision concerning employment or housing.G. For the purposes of this subsection:"Affiliate" means the same as that term is define...

...or federal regulator under any published guidance or regulations that apply to the use of high-risk artificial intelligence systems and such guidance or regulations.H. For purposes of this subsection, "insurer" means the same as that term is defined in § 38.2-100.The provisions of this chapter shall not apply to any insur...

...fined in § 38.2-100.The provisions of this chapter shall not apply to any insurer, or any high-risk artificial intelligence system developed by or for or deployed by an insurer for use in the business of insurance, if such insurer is regulated and supervised by the State Corporation Commission or a comparable federal regu...

...500 et seq.) of Title 38.2, or published guidance or regulations that apply to the use of high-risk artificial intelligence systems and such guidance or regulations aid in the prevention and mitigation of algorithmic discrimination caused by the use of a high-risk artificial intelligence system or any risk of algorithmic ...

...aid in the prevention and mitigation of algorithmic discrimination caused by the use of a high-risk artificial intelligence system or any risk of algorithmic discrimination that is reasonably foreseeable as a result of the use of a high-risk artificial intelligence system. Nothing in this chapter shall be construed to del...

... of algorithmic discrimination that is reasonably foreseeable as a result of the use of a high-risk artificial intelligence system. Nothing in this chapter shall be construed to delegate existing regulatory oversight of the business of insurance to any department or agency other than the Bureau of Insurance of the Virgini...

...e Corporation Commission.I. The provisions of this chapter shall not apply to the development of an artificial intelligence system that is used exclusively for research, training, testing, or other pre-deployment activities performed by active participants of any sandbox software or sandbox environment established and sub...

...son who develops, deploys, puts into service, or intentionally modifies, as applicable, a high-risk artificial intelligence system that (i) has been approved, authorized, certified, cleared, developed, or granted by a federal agency acting within the scope of the federal agency's authority, or by a regulated entity subjec...

...ed from time to time, and is providing (a) health care recommendations that (1) are generated by an artificial intelligence system and (2) require a health care provider, as defined in § 8.01-581.1, to take action to implement the recommendations or (b) services utilizing an artificial intelligence system for an administr...

...fined in § 8.01-581.1, to take action to implement the recommendations or (b) services utilizing an artificial intelligence system for an administrative, quality measurement, security, or internal cost or performance improvement function.L. If a developer or deployer engages in any action authorized by an exemption set fo...

...1964, 42 U.S.C. § 2000a(e), as amended from time to time."Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that ca...

...sions for which the system should be used, (d) any human components of such system, and (e) how any automated components of such system are used to inform such consequential decisions.A deployer that has deployed a high-risk artificial intelligence system to make a consequential decision concerning a consume...

...tem that, for the purpose of attempting to determine the identity of an unknown individual, uses an algorithm to compare the facial biometric data of an unknown individual derived from a photograph, video, or image to a database of photographs or images and associated facial biometric data in order to identi...

...s. 7 As used in this chapter: 8 (1) "Algorithmic discrimination" means : 9 (i) Any use of an artificial intelligence system that results in any unlawful differential 10 treatment or impact that disfavors any individual or group of individuals on the basis of one or 11 more classifications protected under the law...

...or federal law ; and 12 (ii) Does not include : 13 (A) The offer, license or use of a high -risk artificial intelligence system by a developer, 14 integrator or deployer for the sole purpose of : 15 (I) The developer's, integrator's or deployer's self -testing to identify, mitigate or prevent 16 discrimination or ot...

..." means any individual who is a resident of this state . 32 (5) "Deploy" means to use a h igh-risk artificial intelligence system to make, or as a 33 substantial factor in making, a consequential decision . 34 LC001407 - Page 3 of 25 (6) "Deployer" means any person doing business in this state that deploys a high ...

...e 3 of 25 (6) "Deployer" means any person doing business in this state that deploys a high -risk 1 artificial intelligence system in this state . 2 (7) "Develo per" means any person doing business in this state that develops, or 3 intentionally and substantially modifies, an artificial intelligence system . 4 (8) "Gen...

...rson doing business in this state that develops, or 3 intentionally and substantially modifies, an artificial intelligence system . 4 (8) "General -purpose artificial intelligence model" means: 5 (i) Any form of artificial intelligence system that : 6 (A) Displays significant generality ; 7 (B) Is capable of compe...

...entionally and substantially modifies, an artificial intelligence system . 4 (8) "General -purpose artificial intelligence model" means: 5 (i) Any form of artificial intelligence system that : 6 (A) Displays significant generality ; 7 (B) Is capable of competently performing a wide range of distinct tasks ; 8 (C)...

...ligence system . 4 (8) "General -purpose artificial intelligence model" means: 5 (i) Any form of artificial intelligence system that : 6 (A) Displays significant generality ; 7 (B) Is capable of competently performing a wide range of distinct tasks ; 8 (C) Can be integrated into a variety of downstream applicatio...

...integrated into a variety of downstream applications or systems ; and 9 (ii) Does not include any artificial intelligence model that is used for development, 10 prototyping and research activities before such artificial intelligence model is released on the 11 market . 12 (9) "High -risk artificial intelligence syst...

...telligence model that is used for development, 10 prototyping and research activities before such artificial intelligence model is released on the 11 market . 12 (9) "High -risk artificial intelligence system" means: 13 (i) Any artificial intelligence system that, when deployed, makes, or is a substantial factor 14 ...

...ities before such artificial intelligence model is released on the 11 market . 12 (9) "High -risk artificial intelligence system" means: 13 (i) Any artificial intelligence system that, when deployed, makes, or is a substantial factor 14 in making, a consequential decision ; and 15 (ii) Does not include : 16 (A) A...

...eleased on the 11 market . 12 (9) "High -risk artificial intelligence system" means: 13 (i) Any artificial intelligence system that, when deployed, makes, or is a substantial factor 14 in making, a consequential decision ; and 15 (ii) Does not include : 16 (A) Any artificial intelligence system that is intended t...

...tial factor 14 in making, a consequential decision ; and 15 (ii) Does not include : 16 (A) Any artificial intelligence system that is intended to : 17 (I) Perform any narrow procedural task ; or 18 (II) Detect decision -making patterns, or deviations from decision -making patterns, unless 19 such artificial inte...

...II) Detect decision -making patterns, or deviations from decision -making patterns, unless 19 such artificial intelligence system is intended to replace or influence any assessment previously 20 completed by an individual without sufficient human review ; or 21 (B) Unless the technology, when deployed, makes, or is a ...

...) Any anti-fraud technology that does not make use of facial recognition technology ; 24 (II) Any artificial intelligence -enabled video game technology ; 25 (III) Any anti-malware, anti -virus, calculator, cy bersecurity, database, data storage, 26 firewall, Internet domain registration, Internet -website loading, n...

...tegrator" means any person doing business i n this state that, with respect to a given 2 high-risk artificial intelligence system : 3 (i) Neither develops nor intentionally and substantially modifies the high -risk artificial 4 intelligence system ; and 5 (ii) Integrates the high -risk artificial intelligence syste...

... modifies the high -risk artificial 4 intelligence system ; and 5 (ii) Integrates the high -risk artificial intelligence system into a product or service such 6 person offers to any other person . 7 (11) "Intentional and substantial modification" means: 8 (i) Any deliberate change made to : 9 (A) An artificial i...

...Intentional and substantial modification" means: 8 (i) Any deliberate change made to : 9 (A) An artificial intelligence system that materially increases the risk of algorithmic 10 discrimination ; or 11 (B) A general -purpose artificial intelligence model that : 12 (I) Affects compliance of the general -purpose a...

...at materially increases the risk of algorithmic 10 discrimination ; or 11 (B) A general -purpose artificial intelligence model that : 12 (I) Affects compliance of the general -purpose artificial intelligence model ; 13 (II) Materially changes the purpose of the general -purpose artificial intelligence model ; or 1...

...l -purpose artificial intelligence model that : 12 (I) Affects compliance of the general -purpose artificial intelligence model ; 13 (II) Materially changes the purpose of the general -purpose artificial intelligence model ; or 14 (III) Materially increases the risk of algorithmic discrimination ; and 15 (ii) Does...

...se artificial intelligence model ; 13 (II) Materially changes the purpose of the general -purpose artificial intelligence model ; or 14 (III) Materially increases the risk of algorithmic discrimination ; and 15 (ii) Does not include any change made to a high -risk artificial intelligence system, or the 16 performan...

...risk of algorithmic discrimination ; and 15 (ii) Does not include any change made to a high -risk artificial intelligence system, or the 16 performance of a high -risk artificial intelligence system, if : 17 (A) The high-risk artificial intell igence system continues to learn after such high -risk 18 artificial inte...

... change made to a high -risk artificial intelligence system, or the 16 performance of a high -risk artificial intelligence system, if : 17 (A) The high-risk artificial intell igence system continues to learn after such high -risk 18 artificial intelligence system is : 19 (I) Offered , sold, leased, licensed, given o...

... 17 (A) The high-risk artificial intell igence system continues to learn after such high -risk 18 artificial intelligence system is : 19 (I) Offered , sold, leased, licensed, given or otherwise made available to a deployer ; or 20 (II) Is deployed ; and 21 (B) Such change : 22 (I) Is made to such high -risk arti...

...eployer ; or 20 (II) Is deployed ; and 21 (B) Such change : 22 (I) Is made to such high -risk artificial intelligence system as a result of any learning 23 described in subsection (11)(ii)(A) of this section ; 24 (II) Was predetermined by the deployer, or the third party contracted by the deployer, when 25 such ...

...uant to § 6 -61-4(c); and 27 (III) Is included in the technical documentation for such high -risk artificial intelligence 28 system . 29 (12) "Person" means any individual, association, corporation, limited liability company, 30 partnership, trust or other legal entity . 31 (13) "Red -teaming" means an exercise that...

...ans an exercise that is conducted to identify the potential adverse 32 behaviors or outcomes of an artificial intelligence system, how such beh aviors or outcomes occur 33 and stress test the safeguards against such behaviors or outcomes . 34 LC001407 - Page 5 of 25 (14) "Substantial factor" means: 1 (i) A facto...

...s: 1 (i) A factor that alters the outcome of a consequential decision and is generated by an 2 artificial intelligence system ; and 3 (ii) Includes , but is not limited to, any use of an artificial intelligence system to generate 4 any content, decision, prediction or recommendation concerning a consumer that is u...

...an 2 artificial intelligence system ; and 3 (ii) Includes , but is not limited to, any use of an artificial intelligence system to generate 4 any content, decision, prediction or recommendation concerning a consumer that is used as a basis 5 to make a consequential decision concerning the consumer . Substantia l fact...

...cision concerning the consumer . Substantia l factor does not include any 6 output produced by an artificial intelligence system where an individual was involved in the data 7 processing that produced such output and such individual meaningfully considered such data as 8 part of such data processing and h ad the autho...

...pulated by an artificial intelligence system 12 including, but not limited to, a general -purpose artificial intelligence model . 13 (16) "Trade secret" means information, including a formula, pattern, compilation, program, 14 device, method, technique, or process, that: 15 (i) Derives indepen dent economic value, a...

...ficial intelligence developers. 21 (a) Beginning on October 1, 2026, a developer of a high -risk artificial intelligence system 22 shall use reasonable care to protect consumers from any known or reasonably foreseeable risks of 23 algorithmic discrimination arising from the intended and contracted uses of the high -...

...this sect ion and § 6-61-4. 29 (b) Except as provided in § 6 -61-4(c), a developer of a high -risk artificial intelligence 30 system shall, beginning on October 1, 2026, make available to each deployer, or other developer, 31 of the high -risk artificial intelligence system: 32 (1) A general statement describing the ...

...ning on October 1, 2026, make available to each deployer, or other developer, 31 of the high -risk artificial intelligence system: 32 (1) A general statement describing the reasonably foreseeable uses, and the known harmful 33 or inappropriate uses, of such high -risk artificial intelligence system; 34 LC001407 ...

...he reasonably foreseeable uses, and the known harmful 33 or inappropriate uses, of such high -risk artificial intelligence system; 34 LC001407 - Page 6 of 25 (2) Documentation disclosing : 1 (i) High -level summaries of the type of data used to train such h igh-risk artificial 2 intelligence system ; 3 (ii) Th...

... intelligence system ; 3 (ii) The known or reasonably foreseeable limitations of such high -risk artificial intelligence 4 system including, but not limited to, the known or reasonably foreseeable risks of algorithmic 5 discrimination arising f rom the intended uses of such high -risk artificial intelligence system ;...

...reseeable risks of algorithmic 5 discrimination arising f rom the intended uses of such high -risk artificial intelligence system ; 6 (iii) The purpose of such high -risk artificial intelligence system ; 7 (iv) The intended benefits and uses of such high -risk artificial intelligence system ; and 8 (v) All other inf...

...d uses of such high -risk artificial intelligence system ; 6 (iii) The purpose of such high -risk artificial intelligence system ; 7 (iv) The intended benefits and uses of such high -risk artificial intelligence system ; and 8 (v) All other informatio n necessary to enable such deployer to comply with the provisions ...

...gh -risk artificial intelligence system ; 7 (iv) The intended benefits and uses of such high -risk artificial intelligence system ; and 8 (v) All other informatio n necessary to enable such deployer to comply with the provisions 9 of this chapter ; 10 (3) Documentation describing : 11 (i) How such high -risk artifi...

...the provisions 9 of this chapter ; 10 (3) Documentation describing : 11 (i) How such high -risk artificial intelligence system was evaluated for performance, and 12 mitigation of algorithmic discrimination, before such high-risk artificial intelligence system was 13 offered, sold, leased, licensed, given or otherwi...

...evaluated for performance, and 12 mitigation of algorithmic discrimination, before such high-risk artificial intelligence system was 13 offered, sold, leased, licensed, given or otherwise made available to such deployer ; 14 (ii) The data governance measures used to cover the training datasets and the measures 15 us...

...es, possible biases and appropriate mitigation ; 16 (iii) The intended outputs of such high -risk artificial intelligence system ; 17 (iv) The measures the developer has taken to mitigate any known or reasonably foreseeable 18 risks of algorithmic discriminat ion that may arise from deployment of such high -risk artif...

...deployment of such high -risk artificial 19 intelligence system ; and 20 (v) How such high -risk artificial intelligence system should be used, not be used and be 21 monitored by an individual when such high -risk artificial intelligence system is used to make, or 22 as a substantial factor in making, a consequentia...

...gence system should be used, not be used and be 21 monitored by an individual when such high -risk artificial intelligence system is used to make, or 22 as a substantial factor in making, a consequential decision . 23 (4) Any additional documentation that is reasonably necessary to assist a deployer to : 24 (i) Under...

...is reasonably necessary to assist a deployer to : 24 (i) Understand the outputs of such high -risk artificial intelligence system ; and 25 (ii) Monitor the performance of such high -risk artificial intelligence system for risks of 26 algorithmic discrimination. 27 (c)(1) Except as provided in § 6 -61-4(c), any devel...

...igh -risk artificial intelligence system ; and 25 (ii) Monitor the performance of such high -risk artificial intelligence system for risks of 26 algorithmic discrimination. 27 (c)(1) Except as provided in § 6 -61-4(c), any developer that, on or after October 1, 2026, 28 offers, sells, leases, licenses, gives or othe...

..., licenses, gives or otherwise makes available to a deployer or another developer 29 a high -risk artificial intelligence system shall, to the extent feasible, make available to the deployers 30 and other developers of such high -risk artificial intelligence system the documentation and 31 inform ation necessary for a...

...to the extent feasible, make available to the deployers 30 and other developers of such high -risk artificial intelligence system the documentation and 31 inform ation necessary for a deployer, or the third party contracted by a deployer, to complete an 32 impact assessment pursuant to § 6 -61-5(c). The developer shall...

... - Page 7 of 25 assessments. 1 (2) A developer that also serves as a deployer for any high -risk artificial intelligence system 2 shall not be required to generate the documentation required by this section unless such high -risk 3 artificial intelligence system is provided to an unaffiliated entity acting as a depl...

...ll not be required to generate the documentation required by this section unless such high -risk 3 artificial intelligence system is provided to an unaffiliated entity acting as a deployer. 4 (d)(1) Beginning on October 1, 2026, each developer shall make available, in a manner 5 that is clear and readily available on...

...ite or in a public use case 6 inventory, a statement summarizing: 7 (i) The types of high -risk artificial intelligence systems that such developer : 8 (A) Has developed or intentionally and substantially modified ; and 9 (B) Currently makes available to a deployer or another developer; and 10 (ii) How such devel...

...y arise from development or intentional and substantial modification of the 12 types of high -risk artificial intelligence systems des cribed in subsection (d)(1)(i)(A) of this section . 13 (2) Each developer shall update the statement described in subsection (b )(1) of this section 14 as necessary to ensure that such ...

... ninety (90) days 15 after the devel oper intentionally and substantially modifies any high -risk artificial intelligence 16 system described in subsection (d)(1)(i) of this section . 17 (e) Beginning on October 1, 2026, a developer of a high -risk artificial intelligence system 18 shall disclose to the attorney gene...

...ction (d)(1)(i) of this section . 17 (e) Beginning on October 1, 2026, a developer of a high -risk artificial intelligence system 18 shall disclose to the attorney general, in a form and manner prescribed by the attorney general, and 19 to all known deployers or other developers of the high -risk artificial intelligenc...

...ribed by the attorney general, and 19 to all known deployers or other developers of the high -risk artificial intelligence system, any known 20 or reasonably foreseeable risks of algorithmic discrimination arising from the intended uses of such 21 high-risk artificial intelligence system. The developer shall make such ...

...oreseeable risks of algorithmic discrimination arising from the intended uses of such 21 high-risk artificial intelligence system. The developer shall make such disclosures without 22 unreasonable delay but in no event later than ninety (90) days after the date on which: 23 (1) The developer discovers, through the de...

... developer discovers, through the developer 's ongoing testing and analysis, that the 24 high-risk artificial intelligence system has : 25 (i) Been deployed ; and 26 (ii) Caused , or is reasonably likely to have caused, algorithmic discrimination to at least 27 one thousand (1,000) consumers; or 28 (2) The develo...

...housand (1,000) consumers; or 28 (2) The developer receives, from a deployer of the high -risk artificial intelligence system, 29 a credible report disclosing that such high -risk artificial intelligence system has : 30 (i) Been deployed ; and 31 (ii) Caused algorithmic discrimination to at least one thousand (1...

...he high -risk artificial intelligence system, 29 a credible report disclosing that such high -risk artificial intelligence system has : 30 (i) Been deployed ; and 31 (ii) Caused algorithmic discrimination to at least one thousand (1,000) consumers. 32 (f) The provisions of subsections (b) through (e), inclusive, ...

... disclosure shall not constitute a waiv er of such privilege or protection. 16 6-61-4. High -risk artificial intelligence system. 17 (a) Beginning on October 1, 2026, if an integrator integrates a high -risk artificial 18 intelligence system into a product or service the integrator offers to any other person, such 1...

...thmic discrimination arising from the intended and contracted uses of such integrated 21 high-risk artificial intelligence system. In any enforcement action brought on or after said date by 22 the attorney general pursuant to the provisions of this chapter , there shall be a rebuttable 23 presumption that the integrat...

...r person unless the 27 integrator has entered into a contract with the developer of the high -risk artificial intelligence 28 system. The contra ct shall be binding and clearly set forth the duties of the developer and integrator 29 with respect to the integrated high -risk artificial intelligence system including, but...

... set forth the duties of the developer and integrator 29 with respect to the integrated high -risk artificial intelligence system including, but not limited to, 30 whether the developer or integrator shall be responsible for perform ing the developer's duties of § 31 6-61-3(b) and (c) . 32 (c) The provisions of § 6 -6...

...he provisions of § 6 -61-3(b) and (c) shall not apply to a developer of an integrated 33 high-risk artificial intelligence system if, at all times while the integrated high -risk artificial 34 LC001407 - Page 9 of 25 intelligence sy stem is integrated into a product or service an integrator offers to any other pers...

...bly foreseeable risks of algorithmic 9 discrimination that may arise fro m the types of high -risk artificial intelligence systems described 10 in this chapter . 11 (2) Each integrator shall update the statement described in subsection (d) (1) of this section : 12 (i) As necessary to ensure that such statement remains...

... ninety (90) days after any intentional and substantial modification is 14 made to any high -risk artificial intelligence system described in subsection (d)(1) of this section . 15 (e) The provisions of subsections (b) through (d), inclusive, of this s ection shall not be 16 construed to require a developer or integr...

... 34 LC001407 - Page 10 of 25 (a) Beginning on October 1, 2026, each deployer of a high -risk artificial intelligence system 1 shall use reasonable care to protect consumers from any known or reasonably foreseeable risks of 2 algorithmic discriminati on. In any enforcement action brought on or after said date by t...

...isions of this chapter , there shall be a rebuttable presumption that a 4 section of a high -risk artificial intelligence system used reasonable care as req uired under this 5 subsection if the deployer complied with the provisions of this chapter . 6 (b)(1) Beginning on October 1, 2026, and except as provided in subs...

...1, 2026, and except as provided in subsection (g) of this 7 section, each deployer of a high -risk artificial intelligence system shall imple ment and maintain a 8 risk management policy and program to govern such deployer's deployment of the high -risk 9 artificial intelligence system. The risk management policy and p...

...n a 8 risk management policy and program to govern such deployer's deployment of the high -risk 9 artificial intelligence system. The risk management policy and program shall specify and 10 incorporate the principles, processes and personnel that t he deployer shall use to identify, document 11 and mitigate any known ...

...ted and regularly and systematically reviewed and updated over the lifecycle of the high - 15 risk artificial intelligence system. Each risk management policy and program implemented and 16 maintained pursuant to this subsection shall be reasonable, considering: 17 (i) The guidance and standards set forth in the late...

...5 (ii) The size and complexity of the deployer; 26 (iii) The nat ure and scope of the high -risk artificial intelligence systems deployed by the 27 deployer including, but not limited to, the intended uses of such high -risk artificial intelligence 28 systems; and 29 (iv) The sensitivity and volume of data processe...

...ms deployed by the 27 deployer including, but not limited to, the intended uses of such high -risk artificial intelligence 28 systems; and 29 (iv) The sensitivity and volume of data processed in connection with the high -risk artificial 30 intelligence systems deployed by the deployer. 31 (2) A risk management poli...

...ted and maintained pursuant to 32 subsection (b)(1) of this section may cover multiple high -risk artificial intelligence systems 33 deployed by the deployer. 34 LC001407 - Page 11 of 25 (c)(1) Except as provided in subsection s (c)(3) , (c)(4) and (g) of this section : 1 (i) A deployer that deploys a high -r...

...ubsection s (c)(3) , (c)(4) and (g) of this section : 1 (i) A deployer that deploys a high -risk artificial intelligence system on or after October 1, 2 2026, or a third party contracted by the deployer, shall co mplete an impact assessment of the high - 3 risk artificial intelligence system; and 4 (ii) Beginning o...

... third party contracted by the deployer, shall co mplete an impact assessment of the high - 3 risk artificial intelligence system; and 4 (ii) Beginning on October 1, 2026, a deployer, or a third party contracted by the deployer, 5 shall complete an impact assessment of a deployed high -risk artificial intelligence sy...

...d party contracted by the deployer, 5 shall complete an impact assessment of a deployed high -risk artificial intelligence system : 6 (A) At least annually ; and 7 (B) Not later than ninety (90) days after an intentional and substantial modification to such 8 high-risk artificial intelligence system is made availab...

...later than ninety (90) days after an intentional and substantial modification to such 8 high-risk artificial intelligence system is made available. 9 (2)(i) Each impact assessment completed pursuant to this subsecti on shall include, at a 10 minimum and to the extent reasonably known by, or available to, the deployer...

...k artificial in telligence system; 13 (B) An analysis of whether the deployment of the high -risk artificial intelligence system 14 poses any known or reasonably foreseeable risks of algorithmic discrimination and, if so, the nature 15 of such algorithmic discrimination and the ste ps that have been taken to mitigate ...

...n to mitigate such risks; 16 (C) A description of : 17 (I) The categories of data the high -risk artificial intelligence system processes as input s; 18 and 19 (II) The outputs such high -risk artificial intelligence system produces; 20 (D) If the depl oyer used data to customize the high -risk artificial intellig...

... artificial intelligence system processes as input s; 18 and 19 (II) The outputs such high -risk artificial intelligence system produces; 20 (D) If the depl oyer used data to customize the high -risk artificial intelligence system, an 21 overview of the categories of data the deployer used to customize such high -ri...

...icial intelligence system produces; 20 (D) If the depl oyer used data to customize the high -risk artificial intelligence system, an 21 overview of the categories of data the deployer used to customize such high -risk artificial 22 intelligence system; 23 (E) Any metrics used to evaluate the performance and known li...

... 23 (E) Any metrics used to evaluate the performance and known limitat ions of the high -risk 24 artificial intelligence system; 25 (F) A description of any transparency measures taken concerning the high -risk artificial 26 intelligence system including, but not limited to, any measures taken to disclose to a consu...

...ncluding, but not limited to, any measures taken to disclose to a consumer that 27 such high -risk artificial intelligence system is in use when such high -risk artificial intelligence 28 system is in use; and 29 (G) A description of the post -deployment monitoring and user safeguards provided 30 concerning such high...

...o a consumer that 27 such high -risk artificial intelligence system is in use when such high -risk artificial intelligence 28 system is in use; and 29 (G) A description of the post -deployment monitoring and user safeguards provided 30 concerning such high -risk artificial intelligence system includin g, but not limi...

...tion of the post -deployment monitoring and user safeguards provided 30 concerning such high -risk artificial intelligence system includin g, but not limited to, the oversight, 31 use and learning process established by the deployer to address issues arising from deployment of 32 such high -risk artificial intelligence...

...rocess established by the deployer to address issues arising from deployment of 32 such high -risk artificial intelligence system. 33 (ii) In addition to the statement, analysis, descriptions, overview and m etrics required under 34 LC001407 - Page 12 of 25 subsection (c)(2) of this section , an impact assessment...

...nt to this subsection 1 following an intentional and substantial modification made to a high -risk artificial intelligence 2 system on or after October 1, 2026, shall include a statement disclosing the extent to which the 3 high-risk artificial intelligence system was used in a manner that was consistent with, or varie...

...or after October 1, 2026, shall include a statement disclosing the extent to which the 3 high-risk artificial intelligence system was used in a manner that was consistent with, or varied 4 from, the developer's intended uses of such high -risk artificial intelligence system. 5 (iii) A single im pact assessment may add...

...anner that was consistent with, or varied 4 from, the developer's intended uses of such high -risk artificial intelligence system. 5 (iii) A single im pact assessment may address a comparable set of high -risk artificial 6 intelligence systems deployed by a deployer. 7 (iv) If a deployer, or a third party contracted...

...2 (v) A deployer shall maintain the most recently completed impact assessment of a high - 13 risk artificial intelligence system as required under this subsection, all records concerning each such 14 impact assessment and all prior impact assessments, if any, for a period of at least three (3) years 15 following the...

...any, for a period of at least three (3) years 15 following the final deployment of the high -risk artificial intelligence system. 16 (d) Except as provided in subsection (g) of this section, a deployer, or a third party 17 contracted by the deployer , shall review, not later than October 1, 2026, and at least annuall...

...later than October 1, 2026, and at least annually 18 thereafter, the deployment of each high -risk artificial intelligence system deployed by the deployer 19 to ensure that such high -risk artificial intelligence system is not causing algorithm ic discrimination. 20 (e)(1) Beginning on October 1, 2026, and before a de...

...gh -risk artificial intelligence system deployed by the deployer 19 to ensure that such high -risk artificial intelligence system is not causing algorithm ic discrimination. 20 (e)(1) Beginning on October 1, 2026, and before a deployer deploys a high -risk artificial 21 intelligence system to make, or be a substantial...

...umer, the deployer shall: 23 (i) Notify t he consumer that the deployer has deployed a high -risk artificial intelligence 24 system to make, or be a substantial factor in making, such consequential decision; and 25 (ii) Provide to the consumer : 26 (A) A statement disclosing : 27 (I) The purpose of such high -risk ...

...) Provide to the consumer : 26 (A) A statement disclosing : 27 (I) The purpose of such high -risk artificial intelligence system ; and 28 (II) The nature of such consequential decision ; 29 (B) The right to opt -out of any automated decision -making based on the consumer's 30 personal data ; 31 (C) Contact inform...

...tact information for such deployer ; 32 (D) A description, in plai n language, of such high -risk artificial intelligence system ; and 33 (E) Instructions on how to access the statement made available pursuant to subsection (f) 34 LC001407 - Page 13 of 25 of this section. 1 (2) Beginning on October 1, 2026, a ...

...on including, but not limited to : 7 (A) The degree to which, and manner in which, the high -risk artificial intelligence system 8 contributed to such adverse consequential decision ; 9 (B) The type of data that w ere processed by such high -risk artificial intelligence system in 10 making such adverse consequential...

...h adverse consequential decision ; 9 (B) The type of data that w ere processed by such high -risk artificial intelligence system in 10 making such adverse consequential decision ; and 11 (C) The source of the data described in this subsection ; 12 (ii) An opportunity to : 13 (A) Examine the personal data that the h...

...his subsection ; 12 (ii) An opportunity to : 13 (A) Examine the personal data that the high -risk artificial intelligence system processed in 14 making, or as a substantial factor in making, such adverse consequential decision ; and 15 (B) Correct any incorrect personal data described in this subsection ; and 16 (3...

...Page 14 of 25 deployer's Internet website, a statement summarizing: 1 (i) The types of high -risk artificial intelligence systems that are currently deployed by such 2 deployer; 3 (ii) How such deployer manages any known or reasonably foreseeable risks of algorithmic 4 discrimination that may arise from deployment o...

...oreseeable risks of algorithmic 4 discrimination that may arise from deployment of each high -risk artificial intelligence system 5 described in this subsection ; and 6 (iii) In detail, the nature, source and extent of the information collected and used by such 7 deployer. 8 (2) Each deployer shall periodically up...

...of this section shall not apply to a deployer if, at the time the deployer deploys a high -risk 12 artificial intelligence system and at all times while the high -risk artificial intelligence system is 13 deployed: 14 (1) The deployer : 15 (i) Has entered into a contract with the developer in which the developer has ...

...loyer deploys a high -risk 12 artificial intelligence system and at all times while the high -risk artificial intelligence system is 13 deployed: 14 (1) The deployer : 15 (i) Has entered into a contract with the developer in which the developer has agreed to 16 assume the deployer's duties under subsections (b) thro...

...er's own data to train such high -risk artificial 19 intelligence system; 20 (2) Such high -risk artificial intelligence system : 21 (i) Is used for the intended uses that are disclosed to such deployer ; and 22 (ii) Continues learning based on a broad range of data sources and not solel y based on the 23 deployer'...

... makes available to consumers any impact assessment that : 25 (i) The developer of such high -risk artificial intelligence system has completed and 26 provided to such deployer ; and 27 (ii) Includes informatio n that is substantially similar to the information included in the 28 statement, analysis, descriptions, ov...

...quired pursuant to the provisions of this 29 section. 30 (h) If a deployer deploys a high -risk artificial intelligence system on or after October 1, 31 2026, and subsequently discovers that the high -risk artificial intelligence system has caused 32 algorithmic discrimination to at least one thousand (1,000) con...

...ntelligence system on or after October 1, 31 2026, and subsequently discovers that the high -risk artificial intelligence system has caused 32 algorithmic discrimination to at least one thousand (1,000) consumers, the deployer shall send to 33 the attorney general, in a form and manner prescribe d by the attorney ge...

...ing information, as appropriate, considering the size and risk 1 profile of such general -purpose artificial intelligence model: 2 (I) The tasks such general -purpose artificial intelligence model is intended to perform; 3 (II) The type and nature of artificial intelligence systems in which such general -purpose 4 ...

...le of such general -purpose artificial intelligence model: 2 (I) The tasks such general -purpose artificial intelligence model is intended to perform; 3 (II) The type and nature of artificial intelligence systems in which such general -purpose 4 artificial intelligence model is intended to be integrated; 5 (III) ...

...eral -purpose artificial intelligence model is intended to perform; 3 (II) The type and nature of artificial intelligence systems in which such general -purpose 4 artificial intelligence model is intended to be integrated; 5 (III) Acceptable use policies for such general -purpose artificial intelligence model; 6 (...

...; 3 (II) The type and nature of artificial intelligence systems in which such general -purpose 4 artificial intelligence model is intended to be integrated; 5 (III) Acceptable use policies for such general -purpose artificial intelligence model; 6 (IV) The date such general -purpose artificial intelligence model i...

...ce model is intended to be integrated; 5 (III) Acceptable use policies for such general -purpose artificial intelligence model; 6 (IV) The date such general -purpose artificial intelligence model is released; 7 (V) The methods by which such general -purpose artificial inte lligence model is distributed; 8 and 9 (...

...es for such general -purpose artificial intelligence model; 6 (IV) The date such general -purpose artificial intelligence model is released; 7 (V) The methods by which such general -purpose artificial inte lligence model is distributed; 8 and 9 (VI) The modality and format of inputs and outputs for such general -pur...

...e data that were used for purposes of training, testing and 12 validation of such general -purpose artificial intelligence model, which description shall be 13 appropriate considering the size and risk profile of such general -purpose artificial intelligence 14 model and include, at a minimum, a description of the foll...

...description shall be 13 appropriate considering the size and risk profile of such general -purpose artificial intelligence 14 model and include, at a minimum, a description of the following: 15 (I) The type and pr ovenance of such data; 16 (II) Curation methodologies used for such data; 17 (III) How such data were...

...plement, maintain and make available to persons that intend to integrate such 25 general -purpose artificial intelligence model into such persons' artificial intelligence systems 26 documentation and information that: 27 (2) Enables such persons to : 28 (i) Understand the capabilities a nd limitations of such genera...

...that intend to integrate such 25 general -purpose artificial intelligence model into such persons' artificial intelligence systems 26 documentation and information that: 27 (2) Enables such persons to : 28 (i) Understand the capabilities a nd limitations of such general -purpose artificial 29 intelligence model ; an...

...; 31 (3) Discloses, at a minimum : 32 (i) The technical means required for such general -purpose artificial intelligence model to 33 be integrated into such persons' artificial intelligence systems ; 34 LC001407 - Page 17 of 25 (ii) The information listed in subsection (a)(1) of this section; and 1 (iii) The ...

...red for such general -purpose artificial intelligence model to 33 be integrated into such persons' artificial intelligence systems ; 34 LC001407 - Page 17 of 25 (ii) The information listed in subsection (a)(1) of this section; and 1 (iii) The description required under subsection (a)(1)(i)(C) of this section ; a...

...ligence model on or after October 1, 2026, if: 8 (i) The developer releases such general -purpose artificial intelligence model under a free 9 and op en-source license that allows for : 10 (A) Access to, and modification, distribution and usage of, such general -purpose artificial 11 intelligence model ; and 12 (B)...

...l -purpose artificial 11 intelligence model ; and 12 (B) The parameters of such general -purpose artificial intelligence model to be made 13 public ly available a s set forth in this subsection ; and 14 (ii) Unless such general -purpose artificial intelligence model is deployed as a high -risk 15 artificial intelli...

... public ly available a s set forth in this subsection ; and 14 (ii) Unless such general -purpose artificial intelligence model is deployed as a high -risk 15 artificial intelligence system, the parameters of such general -purpose artificial intelligence model 16 including, but not limited to , the weights and informa...

...14 (ii) Unless such general -purpose artificial intelligence model is deployed as a high -risk 15 artificial intelligence system, the parameters of such general -purpose artificial intelligence model 16 including, but not limited to , the weights and information concerning the model architecture and 17 model usage for...

...eployed as a high -risk 15 artificial intelligence system, the parameters of such general -purpose artificial intelligence model 16 including, but not limited to , the weights and information concerning the model architecture and 17 model usage for such general -purpose artificial intelligence model, are made public ly...

...hts and information concerning the model architecture and 17 model usage for such general -purpose artificial intelligence model, are made public ly available; or 18 (iii) The general -purpose artificial intelligence model is : 19 (A) Not offered for sale in the market ; 20 (B) Not intended to interact with consumer...

...ose artificial intelligence model, are made public ly available; or 18 (iii) The general -purpose artificial intelligence model is : 19 (A) Not offered for sale in the market ; 20 (B) Not intended to interact with consumers ; and 21 (C) Solely utilized : 22 (I) For an entity's internal purposes ; or 23 (II) Unde...

...y to a developer that develops, or 25 intentionally and substantially modifies, a general -purpose artificial intelligence model on or after 26 October 1, 2026, if such general purpose artificial intelligence model performs tasks exclusively 27 related to an entity's internal management affairs including, but not limi...

...ral -purpose artificial intelligence model on or after 26 October 1, 2026, if such general purpose artificial intelligence model performs tasks exclusively 27 related to an entity's internal management affairs including, but not limited to, ordering office 28 supplies or processing payments. 29 (4) A developer that ...

...tion. 31 (5) A developer that is exempt under this subsection shall establish and maintain an 32 artificial intelligence risk management framework, which framework shall : 33 (i) Be the product of an iterative process and ongoing effort s; and 34 LC001407 - Page 18 of 25 (ii) Include , at a minimum : 1 (A) An ...

..., 2026, and except as provided in subsections (b) and (c) of this 22 section, the d eveloper of an artificial intelligence system including, but not limited to, a general - 23 purpose artificial intelligence model, that generates or manipulates synthetic digital content shall: 24 (1) Ensure that the outputs of such ar...

...veloper of an artificial intelligence system including, but not limited to, a general - 23 purpose artificial intelligence model, that generates or manipulates synthetic digital content shall: 24 (1) Ensure that the outputs of such artificial intelligence system are marked and detectable 25 as synthetic digital conten...

... generates or manipulates synthetic digital content shall: 24 (1) Ensure that the outputs of such artificial intelligence system are marked and detectable 25 as synthetic digital content, and that such outputs are so marked and detectable : 26 (i) Not later than the time that consumers who did not create such outputs ...

...a reasonable person consuming such synthetic digital content; 13 or 14 (2) To the extent that any artificial intelligence system described in subsection (a) of this 15 section : 16 (i) Performs an assistive function for standard editing ; 17 (ii) Does not substantially alter the input data provided by the developer ...

...ligence system o r model, other than testing conducted under real world conditions, before such 15 artificial intelligence system or model is placed on the market, deployed or put into service, as 16 applicable; 17 (9) Effectuate a product recall; 18 (10) Identify and repair technical errors that impair existing or...

...tionally and substantially modifies, as appli cable, a high -risk 34 LC001407 - Page 21 of 25 artificial intelligence system : 1 (i) That has been approved, authorized, certified, cleared, developed, integrated or granted 2 by: 3 (A) A federal agency, such as the federal Food and Drug Administration or the Federa...

...ss such developer, integrator, deployer or other person is performing 23 such work on a high -risk artificial intelligence system that is used to make, or as a s ubstantial factor 24 in making, a decision concerning employment or housing; or 25 (4) That is a covered entity within the meaning of the Health Insurance Po...

...ded from time to time, and providing healthcare recommendations that : 28 (i) Are generated by an artificial intelligence system ; 29 (ii) Require a healthcare provider to take action to implement such recommendations ; and 30 (iii) Are not considere d to be high risk. 31 (e) Nothing in this chapter shall be cons...

...t considere d to be high risk. 31 (e) Nothing in this chapter shall be construed to apply to any artificial intelligence system 32 that is acquired by or for the federal government or any federal agency or department including, 33 but not limited to, the United States Department of Commerce, the United States Departm...

...C001407 - Page 22 of 25 Defense, or the National Aeronautics and Space Administration, unless such artificial intelligence 1 system is a high -risk artificial intelligence system that is used to make, or as a substantial factor in 2 making, a decision concerning employment or housin g. 3 (f) Any insurer, subject to th...

...Aeronautics and Space Administration, unless such artificial intelligence 1 system is a high -risk artificial intelligence system that is used to make, or as a substantial factor in 2 making, a decision concerning employment or housin g. 3 (f) Any insurer, subject to the provisions of title 27 , fraternal benefit socie...

...ch insure r, fraternal benefit society or health 6 carrier has implemented and maintains a written artificial intelligence systems program in 7 accordance with all requirements established by the insurance c ommissioner defined in § 27 -2.4- 8 2. 9 (g)(1) Any financial institu tion, out -of-state financial institutio...

...tial regulator 14 under any published guidance or regulations that apply to the use of high -risk artificial intelligence 15 systems and such guidance or regulations : 16 (i) Impose requirements that are substantially equivalent to, and at least as stringent as, the 17 requirements set forth in this chapter; and 18...

...deral credit union's, out -of-state credit union's, branch 's or subsidiary's use 22 of high -risk artificial intelligence systems for compliance with state and federal anti -discrimination 23 laws and regulations applicabl e to such financial institution, out -of-state financial institution, 24 Rhode Island credit uni...

...lgorithmic discrimination that is reasonably foreseeable as a 27 result of the use of a high -risk artificial intelligence system. 28 (2) For the purposes of this section, "branch", "financial institution", "Rhode Island cr edit 29 union", and "federal credit union" have the same meaning as provided in § 19 -1-1. 30...

... as, the 12 requirements set forth in this chapter ; or 13 (D) Any risk management framework for artificial intelligence systems that is substantially 14 equivalent to, and at least as stringent as, the risk management framework s described in this 15 subsection . 16 (2) The developer, integrator, deployer or other ...

...ade : 11 (A) Concerning hiring, termination, compensation or promotion ; or 12 (B) By way of any automated task allocation that limits, segregates or classifies employees 13 for the purpose of as signing or determining material terms or conditions of employment ; 14 (ii) Education or vocational trainin...

...m ; and 28 (II) The nature of such consequential decision ; 29 (B) The right to opt -out of any automated decision -making based on the consumer's 30 personal data ; 31 (C) Contact information for such deployer ; 32 (D) A description, in plai n language, of such high -risk artificial intelligence sy...

...ed by the deployer 19 to ensure that such high -risk artificial intelligence system is not causing algorithm ic discrimination. 20 (e)(1) Beginning on October 1, 2026, and before a deployer deploys a high -risk artificial 21 intelligence system to make, or be a substantial factor in making, a consequenti...

...ut in no event later than ninety (90) days after the date on which the deployer discovered 2 such algorithm ic discrimination. 3 (i) Nothing in subsections (b) through (h), inclusive, of this section shall be construed to 4 require a deployer to disclose any information that is a trade secret or otherw...

...plex computation and solve algorithms at high speeds in connection with digital, blockchain, and/or artificial intelligence technologies. NOTE: The purpose of this bill is to include in the high-technology property valuation statute the hosting and processing of electronic data as part of a data center operation and high-...

...plex computation and solve algorithms at high speeds in connection with digital, blockchain, and/or artificial intelligence technologies.Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added....

... 9 PRACTICES; AND PROVIDING PENALTIES.” 10 11 WHEREAS, the revolutionary innovations in generative artificial intelligence systems capable of 12 producing image, audio, video, text, and multimedia content pose a threat to free and fair elections in the State 13 of Montana; and 14 WHEREAS, AI-generated content may be us...

...ideo, audio, multimedia, or text content that is 2 substantially created or modified by generative artificial intelligence in a manner that materially alters the 3 meaning or significance that a reasonable person understands from the content. 4 (b) The term does not include image, video, audio, multimedia, or text conte...

...audio, multimedia, or text content that is minimally 5 edited, adjusted, or enhanced by generative artificial intelligence in a manner that does not materially alter the 6 meaning or significance that a reasonable person understands from the content. 7 (2) "Candidate" has the same meaning as provided in 13-1-101(8) and,...

...altered, original version of the 15 image, audio recording, or video recording. 16 (4) "Generative artificial intelligence" means an artificial intelligence system capable of generating 17 novel image, video, audio, multimedia, or text content based on prompts or other forms of data provided by a 18 person. 19 (5) "Syn...

...15 image, audio recording, or video recording. 16 (4) "Generative artificial intelligence" means an artificial intelligence system capable of generating 17 novel image, video, audio, multimedia, or text content based on prompts or other forms of data provided by a 18 person. 19 (5) "Synthetic media" means an image, audi...

...peech, or conduct that has been created or intentionally manipulated with the use of generative 21 artificial intelligence or other digital technology to create a realistic but false image, audio, or video. 22 23 NEW SECTION. Section 2. Use of deepfakes in election communications and electioneering 24communications -- d...

...isement was CONTENT BEING BROADCAST 21OR TRANSMITTED MAY BE generated in whole or in part by using artificial intelligence and does MAY not accurately 22 represent the speech or conduct of the depicted individual. ; 23 (b) A A radio or television broadcasting station, including a cable television, satellite television, ...

...read misinformation and disinformation at scale and with unprecedented speed; 16 and 17 WHEREAS, a deepfake is comparable to forcing a person to say or do something in a video recorded 18 under threat, in which the person appears to say or do something the person would not normally say or do; and 19 WHERE...

... with the intent to injure the reputation of the candidate or party or otherwise deceive a voter. A deepfake: 11 (a) appears to a reasonable person to depict an individual saying or doing something that did not 12 occur in reality; or 13 (b) provides a reasonable person a fundamentally different understand...

...5.2 - 3 - Authorized Print Version – SB 25 1 party, or other entity knew or should have known is a deepfake of a candidate or political party on the ballot. 2 (b) The prohibition in subsection (1)(a) does not apply to an election communication or 3 electioneering communication that includes a disclosure s...

... also includes an incumbent or current officeholder. 9 (3) "Deepfake" means AI-generated content or synthetic media that depicts a candidate or political 10 party with the intent to injure the reputation of the candidate or party or otherwise deceive a voter. A deepfake: 11 (a) appears to a reasonable person to d...

...89R8701 SCL-D By: Lalani H.B. No. 4018 A BILL TO BE ENTITLED AN ACT relating to use of artificial intelligence in utilization review conducted for health benefit plans. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1.  Subchapter D, Chapter 4201, Insurance Code, is amended by adding Section ...

...4201.156 to read as follows: Sec. 4201.156.  USE OF ARTIFICIAL INTELLIGENCE. (a)  In this section, "artificial intelligence" means an engineered or machine-based system that varies in autonomy and may, for explicit or implicit objectives, infer from the input the system receives how to generate outputs that can influence ...

...or virtual environments. (b)  A utilization review agent that uses an artificial intelligence-based algorithm or other software tool for utilization review shall ensure that: (1)  the algorithm or tool bases its determination on the following information, as applicable: (A)  an enrollee's medical or other cl...

...elligence-based algorithm or other software tool for utilization review shall ensure that: (1)  the algorithm or tool bases its determination on the following information, as applicable: (A)  an enrollee's medical or other clinical history; (B)  individual clinical circumstances as presented by the provider ...

...elevant clinical information contained in the enrollee's medical or other clinical record; (2)  the algorithm or tool does not base its determination solely on a group dataset; (3)  the algorithm's or tool's criteria and guidelines comply with this chapter and applicable state and federal law; (4)  the algor...

...ord; (2)  the algorithm or tool does not base its determination solely on a group dataset; (3)  the algorithm's or tool's criteria and guidelines comply with this chapter and applicable state and federal law; (4)  the algorithm or tool does not override the decision making of a physician or health care provi...

...l's criteria and guidelines comply with this chapter and applicable state and federal law; (4)  the algorithm or tool does not override the decision making of a physician or health care provider; (5)  the use of the algorithm or tool does not discriminate, directly or indirectly, against enrollees in violati...

...l does not override the decision making of a physician or health care provider; (5)  the use of the algorithm or tool does not discriminate, directly or indirectly, against enrollees in violation of state or federal law; (6)  the algorithm or tool is fairly and equitably applied, including in accordance with...

...criminate, directly or indirectly, against enrollees in violation of state or federal law; (6)  the algorithm or tool is fairly and equitably applied, including in accordance with any applicable commissioner rules; (7)  the algorithm or tool is available for review and inspection under Section 4201.154; (8) ...

...rly and equitably applied, including in accordance with any applicable commissioner rules; (7)  the algorithm or tool is available for review and inspection under Section 4201.154; (8)  the use and oversight procedures of the algorithm or tool are disclosed in writing to enrollees in the form and manner prov...

...able for review and inspection under Section 4201.154; (8)  the use and oversight procedures of the algorithm or tool are disclosed in writing to enrollees in the form and manner provided by commissioner rule; (9)  the algorithm's or tool's performance, use, and outcomes are periodically reviewed and revised...

...re disclosed in writing to enrollees in the form and manner provided by commissioner rule; (9)  the algorithm's or tool's performance, use, and outcomes are periodically reviewed and revised to maximize accuracy and reliability; (10)  patient information is not used beyond its intended and stated purpose in ...

...used beyond its intended and stated purpose in accordance with state and federal law; and (11)  the algorithm or tool does not directly or indirectly cause harm to the enrollee other than assisting a utilization review agent in making an adverse determination. (c)  A utilization review agent may not use an a...

...adverse determination. (c)  A utilization review agent may not use an artificial intelligence-based algorithm or other software tool as the sole basis of a decision to wholly or partly deny, delay, or modify health care services for an enrollee on the basis of medical necessity or appropriateness of health c...

...onsisting of a section numbered 24.2-961, relating to elections; political campaign advertisements; synthetic media; penalty.[S 775]ApprovedBe it enacted by the General Assembly of Virginia:1. That §§ 8.01-261, 19.2-249.2, 24.2-955, 24.2-955.1, 24.2-955.3, and 24.2-960 of the Code of Virginia are amended and reena...

...ical advertisers.Article 7.Electioneering Communications.§ 24.2-961. Electioneering communications; synthetic media.A. As used in this section, "synthetic media" means (i) images or audio recordings of real events relating to an identifiable individual that have been intentionally altered in a manner that would ca...

...munications.§ 24.2-961. Electioneering communications; synthetic media.A. As used in this section, "synthetic media" means (i) images or audio recordings of real events relating to an identifiable individual that have been intentionally altered in a manner that would cause a reasonable person (a) to mistakenly bel...

...ter 9.3 (§ 24.2-945 et seq.) or any person to sponsor an electioneering communication that contains synthetic media unless all of the following conditions are met:1. The electioneering communication also bears the legend or includes the statement: "This message contains synthetic media that has been altered from i...

...lectioneering communication also bears the legend or includes the statement: "This message contains synthetic media that has been altered from its original source or artificially generated and may present conduct or speech that did not occur."2. The disclosure statement is communicated in a conspicuous manner. If ...

...38 11. For purposes of this section, "digitization" means the use of 39 software, machine learning, artificial intelligence, or any other compu- 40 ter-generated or technological means, including adapting, modifying, 41 manipulating, or altering a realistic depiction. 42 § 3. Section 52-c of the civil rights law, as added...

... 47 U.S.C. § 230. 38 11. For purposes of this section, "digitization" means the use of 39 software, machine learning, artificial intelligence, or any other compu- 40 ter-generated or technological means, including adapting, modifying, 41 manipulating, or altering a realistic depiction. 42 § 3. Section 52-c of the c...

...n which the depicted individual did not engage. "Digitization" may 4 also mean the use of software, machine learning, artificial intelli- 5 gence, or any other computer-generated or technological means, including 6 adapting, modifying, manipulating, or altering a realistic depiction. 7 c. "individual" means a natur...

...8 or broadcasts material that contains a picture, photograph or image of a 9 person or persons or a deep fake into which the image of another person 10 or persons is superimposed as a deep fake. 11 2. For purposes of this section, "deep fake" means a digitized image 12 that is altered to incorporate a person...

...or persons or a deep fake into which the image of another person 10 or persons is superimposed as a deep fake. 11 2. For purposes of this section, "deep fake" means a digitized image 12 that is altered to incorporate a person's face or their identifiable 13 body part onto such image, and such image is any pr...

...f another person 10 or persons is superimposed as a deep fake. 11 2. For purposes of this section, "deep fake" means a digitized image 12 that is altered to incorporate a person's face or their identifiable 13 body part onto such image, and such image is any printed material, 14 advertisement, movie, video, ...

...52-b. Private right of action for unlawful dissemination or publica- 7 tion of an intimate image or deep fake. 1. Any person depicted in a 8 still or video image, including an image created or altered by digitiza- 9 tion, regardless of whether or not the original still or video image was 10 consensually obta...

...blished, or threatened to disseminate or publish, such 13 still or video image, where such image or deep fake: 14 a. was a deep fake or was taken when such person had a reasonable 15 expectation that [the] their image would remain private; and 16 b. depicts (i) an unclothed or exposed intimate part of such p...

...f unlawful conduct; 27 b. dissemination or publication of an intimate still [or], video image 28 or deep fake made during lawful and common practices of law enforcement, 29 legal proceedings or medical treatment; 30 c. images involving voluntary exposure in a public or commercial 31 setting; or 32 d. dissemi...

...cial 31 setting; or 32 d. dissemination or publication of an intimate still [or], video image 33 or deep fake made for a legitimate public purpose. 34 4. Any person depicted in a still [or], video image or deep fake, 35 including an image created or altered by digitization, that depicts an 36 unclothed or ex...

...ake made for a legitimate public purpose. 34 4. Any person depicted in a still [or], video image or deep fake, 35 including an image created or altered by digitization, that depicts an 36 unclothed or exposed intimate part of such person, or such person engag- 37 ing in sexual conduct as defined in subdivisi...

... 130.00 of the penal law with another person; 56 and S. 6278 3 1 b. Such still [or], video image or deep fake is hosted or transmitted 2 without the consent of such resident of this state, shall be subject to 3 personal jurisdiction in a civil action in this state to the maximum 4 extent permitted under the ...

... right of action for unlawful dissemination or publica- 47 tion of a sexually explicit depiction or deep fake of an individual. 1. 48 For the purposes of this section: 49 a. "depicted individual" means an individual who appears, as a result 50 of digitization, to be giving a performance they did not actually...

... or legal entity. 9 e. "sexually explicit material" means any portion of an audio visual 10 work or deep fake that shows the depicted individual: 11 i. performing in the nude, meaning with an unclothed or exposed inti- 12 mate part, as defined in section 245.15 of the penal law; 13 ii. appearing to engage in...

...sal or gratifica- 16 tion and where a person would have a reasonable expectation of privacy. 17 f. "deep fake" means a digitized image that is altered to incorporate 18 an individual's face or their identifiable body part onto such image, 19 and such image is any printed material, advertisement, movie, video...

... a 27 person who, discloses, disseminates, produces or publishes sexually 28 explicit material or a deep fake related to the depicted individual, and 29 the person knows or reasonably should have known the depicted individual 30 in that material did not consent to its creation, disclosure, dissem- 31 ination...

...n, disclo- 38 sure, dissemination, production, or publication of sexually explicit 39 material or a deep fake by knowingly and voluntarily signing an agree- 40 ment written in plain language that includes a general description of 41 the sexually explicit material and the audiovisual work in which it will 42 ...