Text to be removed highlighted in red.
1 New Chapter; Responsible Artificial Intelligence Governance. Amend RSA by inserting after chapter 359-U the following new chapter:
CHAPTER 359-V
RESPONSIBLE ARTIFICIAL INTELLIGENCE GOVERNANCE
359-V:1 Definitions. In this chapter:
I. "Artificial intelligence system" means any machine-based system that, through machine learning, neural networks, or other adaptive algorithmic techniques, is capable of learning from data, improving performance, or making autonomous decisions or predictions. This term excludes classical statistical tools, rule-based expert systems, deterministic algorithms, and control systems without adaptive or autonomous features.
II. "Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.
III. "Council" means the New Hampshire artificial intelligence council established pursuant to this chapter.
IV. "Consumer" means an individual residing in this state acting in an individual or household context.
359-V:2 Applicability.
I. This chapter shall apply to any person, business, or governmental entity conducting business in New Hampshire, offering products or services to state residents, or developing or deploying artificial intelligence systems in this state.
II. This chapter supersedes and preempts any ordinance, regulation, or rule adopted by a political subdivision regarding the use of artificial intelligence systems, unless expressly authorized by state law.
359-V:3 Administration and Council.
I. There is established the New Hampshire artificial intelligence council, administratively attached to the department of information technology.
II. The council shall include 7 members: 3 appointed by the governor, 2 by the senate president, and 2 by the speaker of the house. All members shall have demonstrated expertise in artificial intelligence, ethics, data privacy, public policy, or related fields.
III. The council shall advise the state on ethical and transparent development, deployment, and oversight of artificial intelligence systems, including annually reporting to the governor and legislature.
359-V:4 General Duties and Prohibitions.
I. State agencies and any person subject to this chapter shall:
(a) Provide clear and conspicuous disclosure to consumers when interacting with an artificial intelligence system, including in health care contexts except in emergencies, in which case notice shall be provided as soon as practicable.
(b) Not develop or deploy an artificial intelligence system with the intent to unlawfully discriminate against protected classes under state or federal law. Disparate impact alone is insufficient to demonstrate intent.
(c) Not develop or deploy an artificial intelligence system for the purpose of social scoring, manipulation aimed at causing self-harm or criminal acts, or infringing rights under the United States or New Hampshire constitutions.
II. Governmental entities shall not deploy artificial intelligence systems for the purpose of uniquely identifying individuals using biometric identifiers or collecting biometric data from publicly available sources without valid consent, unless otherwise permitted for security, law enforcement, or fraud prevention.
359-V:5 Regulatory Sandbox.
I. There is established an artificial intelligence regulatory sandbox program, administered by the department of information technology in consultation with the council.
II. The sandbox enables approved participants to test innovative artificial intelligence systems on a limited basis for up to 36 months, subject to oversight and quarterly reporting requirements. No waiver is permitted for prohibitions under RSA 359-V:4.
III. The department may recommend participants be removed from the program for undue risk to public safety or violations of applicable laws.
359-V:6 Enforcement.
I. The attorney general shall have exclusive authority to enforce this chapter.
II. Upon determination of a violation, the attorney general shall provide written notice, allowing 60 days for cure. Civil penalties for uncured violations may be imposed up to $200,000 per violation, and for continuing violations, up to $40,000 per day. Enhanced penalties apply for systematic or egregious conduct.
III. No private right of action is created by this chapter.
359-V:7 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application.
2 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Chapter; Responsible Artificial Intelligence Governance. Amend RSA by inserting after chapter 359-U the following new chapter:
CHAPTER 359-V
RESPONSIBLE ARTIFICIAL INTELLIGENCE GOVERNANCE
359-V:1 Definitions. In this chapter:
I. "Artificial intelligence system" means any machine-based system that, through machine learning, neural networks, or other adaptive algorithmic techniques, is capable of learning from data, improving performance, or making autonomous decisions or predictions. This term excludes classical statistical tools, rule-based expert systems, deterministic algorithms, and control systems without adaptive or autonomous features.
II. "Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.
III. "Council" means the New Hampshire artificial intelligence council established pursuant to this chapter.
IV. "Consumer" means an individual residing in this state acting in an individual or household context.
359-V:2 Applicability.
I. This chapter shall apply to any person, business, or governmental entity conducting business in New Hampshire, offering products or services to state residents, or developing or deploying artificial intelligence systems in this state.
II. This chapter supersedes and preempts any ordinance, regulation, or rule adopted by a political subdivision regarding the use of artificial intelligence systems, unless expressly authorized by state law.
359-V:3 Administration and Council.
I. There is established the New Hampshire artificial intelligence council, administratively attached to the department of information technology.
II. The council shall include 7 members: 3 appointed by the governor, 2 by the senate president, and 2 by the speaker of the house. All members shall have demonstrated expertise in artificial intelligence, ethics, data privacy, public policy, or related fields.
III. The council shall advise the state on ethical and transparent development, deployment, and oversight of artificial intelligence systems, including annually reporting to the governor and legislature.
359-V:4 General Duties and Prohibitions.
I. State agencies and any person subject to this chapter shall:
(a) Provide clear and conspicuous disclosure to consumers when interacting with an artificial intelligence system, including in health care contexts except in emergencies, in which case notice shall be provided as soon as practicable.
(b) Not develop or deploy an artificial intelligence system with the intent to unlawfully discriminate against protected classes under state or federal law. Disparate impact alone is insufficient to demonstrate intent.
(c) Not develop or deploy an artificial intelligence system for the purpose of social scoring, manipulation aimed at causing self-harm or criminal acts, or infringing rights under the United States or New Hampshire constitutions.
II. Governmental entities shall not deploy artificial intelligence systems for the purpose of uniquely identifying individuals using biometric identifiers or collecting biometric data from publicly available sources without valid consent, unless otherwise permitted for security, law enforcement, or fraud prevention.
359-V:5 Regulatory Sandbox.
I. There is established an artificial intelligence regulatory sandbox program, administered by the department of information technology in consultation with the council.
II. The sandbox enables approved participants to test innovative artificial intelligence systems on a limited basis for up to 36 months, subject to oversight and quarterly reporting requirements. No waiver is permitted for prohibitions under RSA 359-V:4.
III. The department may recommend participants be removed from the program for undue risk to public safety or violations of applicable laws.
359-V:6 Enforcement.
I. The attorney general shall have exclusive authority to enforce this chapter.
II. Upon determination of a violation, the attorney general shall provide written notice, allowing 60 days for cure. Civil penalties for uncured violations may be imposed up to $200,000 per violation, and for continuing violations, up to $40,000 per day. Enhanced penalties apply for systematic or egregious conduct.
III. No private right of action is created by this chapter.
359-V:7 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application.
2 Effective Date. This act shall take effect January 1, 2027.