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1 Short Title. This act shall be known as the "Artificial Oversight Intelligence Act."
2 Statement of Purpose. The general court hereby finds that the state has a vested interest in:
I. Establishing a dedicated position within the attorney general's office to monitor the development, deployment, and impact of artificial intelligence (AI) in New Hampshire;
II. Protecting consumers and workers from unfair, deceptive, or harmful uses of AI;
III. Promoting transparency, accountability, and informed policy development around AI in New Hampshire;
IV. Establishing a study commission to research and make recommendations regarding AI's impact on labor, wages, commerce, education, health care, elections, and other societal sectors; and
V. Evaluating the use of AI in political campaigns, advertisements, and messaging to ensure transparency, fairness, and prevent misleading or deceptive practices.
3 New Subdivision; Artificial Intelligence Analysis. Amend RSA 21-M by inserting after section 19 the following new subdivision:
Artificial Intelligence Analysis
21-M:20 Artificial Intelligence Analyst.
I. The department of justice shall establish a full-time position dedicated to artificial intelligence oversight (AI).
II. The position shall:
(a) Monitor the development and deployment of AI in New Hampshire, including, but not limited to, consumer-facing products, consumer pricing, labor applications, commercial marketing technologies, and environmental implications;
(b) Investigate potential consumer protection violations arising from AI, including, but not limited to, misleading, deceptive, or manipulative uses in commercial advertising;
(c) Evaluate AI systems for potential labor-related harms, including wage suppression, misclassification, or automated discrimination;
(d) Provide guidance and reports to the attorney general regarding AI risks, enforcement priorities, and use of the technology in the state; and
(e) Coordinate with state agencies, including the departments of labor, education, energy, environmental services, and health and human services, and other agencies as necessary.
III. The attorney general may adopt policies and procedures, pursuant to RSA 541-A, as necessary to carry out the duties of this position.
21-M:21 Annual Appropriation. There is hereby appropriated annually the sum of $150,000 to the department of justice for the purpose of funding the artificial intelligence analyst position established under RSA 21-M:20. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
21-M:22 Artificial Intelligence Oversight Commission.
I. There is established a commission to study the broader commercial and political effects of artificial intelligence (AI) in New Hampshire.
II. Notwithstanding RSA 14:49, II(c), the members of the commission shall be as follows:
(a) Two members of the senate, appointed by the president of the senate.
(b) Two members of the house of representatives, appointed by the speaker of the house of representatives.
(c) The attorney general, or designee.
(d) The secretary of state, or designee.
(e) The commissioner of the department of labor, or designee.
(f) The commissioner of the department of education, or designee.
(g) The commissioner of the department of health and human services, or designee.
(h) One member appointed by the governor, who shall have expertise in technology or AI.
(i) One member of the general public, appointed by the governor.
III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
IV. The commission shall:
(a) Study how AI development and implementation affects:
(1) Workforce composition and employment patterns;
(2) Wages and compensation;
(3) Education, training, and skill requirements;
(4) Health care delivery and patient outcomes;
(5) Consumer protections, including fairness, privacy, and transparency; and
(6) Political and campaign communications, including advertisements, messaging, and microtargeting using AI, and the potential for misleading or manipulative content.
(b) Make recommendations regarding policies, regulations, or legislation to mitigate the negative impacts and maximize the public benefits of AI.
V. The members of the study commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.
VI. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before the first of each November.
4 New Subdivision; Civil Action for Deceptive Use of Artificial Intelligence. Amend RSA 507 by inserting after section 8-k the following new subdivision:
Civil Action for Deceptive Use of Artificial Intelligence
507:8-l Definitions. As used in this subdivision:
I. "Artificial intelligence system" means any machine-based system that, for explicit or implicit objectives, infers from inputs to generate outputs, such as content, predictions, recommendations, or decisions, that influence physical or virtual environments.
II. "Deceptive use of artificial intelligence" means the use of an artificial intelligence system in a manner that:
(a) Knowingly or recklessly misrepresents the identity, intent, or authority of a natural person or entity;
(b) Knowingly creates, alters, or disseminates synthetic content that a reasonable person would believe to be authentic, where such belief is material to a transaction, decision, or reputational assessment; or
(c) Omits disclosure of the use of artificial intelligence where such omission renders the communication or conduct materially misleading under the circumstances.
III. "Synthetic content" means audio, visual, audiovisual, or textual content generated or materially altered by artificial intelligence so as to appear to be created by a natural person.
IV. ''Materially misleading" means likely to affect a reasonable person's conduct, decision-making, or understanding of a material fact.
507:8-m Prohibited Conduct.
I. No person shall engage in the deceptive use of artificial intelligence in commerce, employment, political advocacy, legal proceedings, or any transaction or interaction where reliance by another person is reasonably foreseeable.
II. This subdivision shall apply regardless of whether the artificial intelligence system is deployed directly by the person or through an agent, contractor, or third-party platform.
507:8-n Causes of Action.
I. Any person injured by a violation of this subdivision may bring a civil action in the circuit court district division.
II. A plaintiff shall not be required to prove actual reliance if the deceptive use of artificial intelligence was material and reasonably likely to mislead.
III. Each distinct dissemination or deployment of deceptive synthetic content shall constitute a separate violation.
507:8-o Damages and Remedies.
I. A plaintiff prevailing under this subdivision may recover:
(a) Actual damages, including economic loss, emotional distress, and reputational harm; or
(b) Statutory damages of not less than $1,000 and not more than $10,000 per violation, whichever is greater.
II. If the court finds that the violation was knowing, willful, or reckless, it may award:
(a) Treble damages, or
(b) Statutory damages of up to $25,000 per violation, whichever is greater.
III. The court may also award:
(a) Reasonable attorney's fees and costs;
(b) Injunctive or declaratory relief; and
(c) An order requiring disclosure, correction, or removal of deceptive synthetic content.
507:8-p Affirmative Defenses.
I. It shall be an affirmative defense to an action pursued under this subdivision that:
(a) The synthetic content was clearly and conspicuously disclosed as AI-generated at the time of dissemination;
(b) The use constituted parody, satire, or commentary protected by the First Amendment, and a reasonable person would not believe the content to be actual; or
(c) The defendant reasonably relied on representations from a third-party AI provider regarding compliance with this subdivision.
II. This subdivision shall not apply to:
(a) Internal research or testing not intended for public dissemination;
(b) Law enforcement or judicial uses authorized by law;
(c) Uses solely for accessibility or translation purposes, where no deception is intended or reasonably foreseeable;
(d) The provider or developer of any technology used in the creation of synthetic content; and
(e) Any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
507:8-q Preemption.
I. The remedies provided by this subdivision shall be cumulative and shall not preempt or limit any other remedy available under law, including RSA 358-A.
II. Nothing in this subdivision shall be construed to limit constitutionally protected speech.
5 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 Short Title. This act shall be known as the "Artificial Oversight Intelligence Act."
2 Statement of Purpose. The general court hereby finds that the state has a vested interest in:
I. Establishing a dedicated position within the attorney general's office to monitor the development, deployment, and impact of artificial intelligence (AI) in New Hampshire;
II. Protecting consumers and workers from unfair, deceptive, or harmful uses of AI;
III. Promoting transparency, accountability, and informed policy development around AI in New Hampshire;
IV. Establishing a study commission to research and make recommendations regarding AI's impact on labor, wages, commerce, education, health care, elections, and other societal sectors; and
V. Evaluating the use of AI in political campaigns, advertisements, and messaging to ensure transparency, fairness, and prevent misleading or deceptive practices.
3 New Subdivision; Artificial Intelligence Analysis. Amend RSA 21-M by inserting after section 19 the following new subdivision:
Artificial Intelligence Analysis
21-M:20 Artificial Intelligence Analyst.
I. The department of justice shall establish a full-time position dedicated to artificial intelligence oversight (AI).
II. The position shall:
(a) Monitor the development and deployment of AI in New Hampshire, including, but not limited to, consumer-facing products, consumer pricing, labor applications, commercial marketing technologies, and environmental implications;
(b) Investigate potential consumer protection violations arising from AI, including, but not limited to, misleading, deceptive, or manipulative uses in commercial advertising;
(c) Evaluate AI systems for potential labor-related harms, including wage suppression, misclassification, or automated discrimination;
(d) Provide guidance and reports to the attorney general regarding AI risks, enforcement priorities, and use of the technology in the state; and
(e) Coordinate with state agencies, including the departments of labor, education, energy, environmental services, and health and human services, and other agencies as necessary.
III. The attorney general may adopt policies and procedures, pursuant to RSA 541-A, as necessary to carry out the duties of this position.
21-M:21 Annual Appropriation. There is hereby appropriated annually the sum of $150,000 to the department of justice for the purpose of funding the artificial intelligence analyst position established under RSA 21-M:20. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
21-M:22 Artificial Intelligence Oversight Commission.
I. There is established a commission to study the broader commercial and political effects of artificial intelligence (AI) in New Hampshire.
II. Notwithstanding RSA 14:49, II(c), the members of the commission shall be as follows:
(a) Two members of the senate, appointed by the president of the senate.
(b) Two members of the house of representatives, appointed by the speaker of the house of representatives.
(c) The attorney general, or designee.
(d) The secretary of state, or designee.
(e) The commissioner of the department of labor, or designee.
(f) The commissioner of the department of education, or designee.
(g) The commissioner of the department of health and human services, or designee.
(h) One member appointed by the governor, who shall have expertise in technology or AI.
(i) One member of the general public, appointed by the governor.
III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
IV. The commission shall:
(a) Study how AI development and implementation affects:
(1) Workforce composition and employment patterns;
(2) Wages and compensation;
(3) Education, training, and skill requirements;
(4) Health care delivery and patient outcomes;
(5) Consumer protections, including fairness, privacy, and transparency; and
(6) Political and campaign communications, including advertisements, messaging, and microtargeting using AI, and the potential for misleading or manipulative content.
(b) Make recommendations regarding policies, regulations, or legislation to mitigate the negative impacts and maximize the public benefits of AI.
V. The members of the study commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.
VI. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before the first of each November.
4 New Subdivision; Civil Action for Deceptive Use of Artificial Intelligence. Amend RSA 507 by inserting after section 8-k the following new subdivision:
Civil Action for Deceptive Use of Artificial Intelligence
507:8-l Definitions. As used in this subdivision:
I. "Artificial intelligence system" means any machine-based system that, for explicit or implicit objectives, infers from inputs to generate outputs, such as content, predictions, recommendations, or decisions, that influence physical or virtual environments.
II. "Deceptive use of artificial intelligence" means the use of an artificial intelligence system in a manner that:
(a) Knowingly or recklessly misrepresents the identity, intent, or authority of a natural person or entity;
(b) Knowingly creates, alters, or disseminates synthetic content that a reasonable person would believe to be authentic, where such belief is material to a transaction, decision, or reputational assessment; or
(c) Omits disclosure of the use of artificial intelligence where such omission renders the communication or conduct materially misleading under the circumstances.
III. "Synthetic content" means audio, visual, audiovisual, or textual content generated or materially altered by artificial intelligence so as to appear to be created by a natural person.
IV. ''Materially misleading" means likely to affect a reasonable person's conduct, decision-making, or understanding of a material fact.
507:8-m Prohibited Conduct.
I. No person shall engage in the deceptive use of artificial intelligence in commerce, employment, political advocacy, legal proceedings, or any transaction or interaction where reliance by another person is reasonably foreseeable.
II. This subdivision shall apply regardless of whether the artificial intelligence system is deployed directly by the person or through an agent, contractor, or third-party platform.
507:8-n Causes of Action.
I. Any person injured by a violation of this subdivision may bring a civil action in the circuit court district division.
II. A plaintiff shall not be required to prove actual reliance if the deceptive use of artificial intelligence was material and reasonably likely to mislead.
III. Each distinct dissemination or deployment of deceptive synthetic content shall constitute a separate violation.
507:8-o Damages and Remedies.
I. A plaintiff prevailing under this subdivision may recover:
(a) Actual damages, including economic loss, emotional distress, and reputational harm; or
(b) Statutory damages of not less than $1,000 and not more than $10,000 per violation, whichever is greater.
II. If the court finds that the violation was knowing, willful, or reckless, it may award:
(a) Treble damages, or
(b) Statutory damages of up to $25,000 per violation, whichever is greater.
III. The court may also award:
(a) Reasonable attorney's fees and costs;
(b) Injunctive or declaratory relief; and
(c) An order requiring disclosure, correction, or removal of deceptive synthetic content.
507:8-p Affirmative Defenses.
I. It shall be an affirmative defense to an action pursued under this subdivision that:
(a) The synthetic content was clearly and conspicuously disclosed as AI-generated at the time of dissemination;
(b) The use constituted parody, satire, or commentary protected by the First Amendment, and a reasonable person would not believe the content to be actual; or
(c) The defendant reasonably relied on representations from a third-party AI provider regarding compliance with this subdivision.
II. This subdivision shall not apply to:
(a) Internal research or testing not intended for public dissemination;
(b) Law enforcement or judicial uses authorized by law;
(c) Uses solely for accessibility or translation purposes, where no deception is intended or reasonably foreseeable;
(d) The provider or developer of any technology used in the creation of synthetic content; and
(e) Any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
507:8-q Preemption.
I. The remedies provided by this subdivision shall be cumulative and shall not preempt or limit any other remedy available under law, including RSA 358-A.
II. Nothing in this subdivision shall be construed to limit constitutionally protected speech.
5 Effective Date. This act shall take effect 60 days after its passage.