Stricken language would be deleted from and underlined language would be added to present law.
Act 848 of the Regular Session
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State of Arkansas As Engrossed: S4/9/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1958 3
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By: Representative S. Meeks 5
By: Senator J. English 6
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For An Act To Be Entitled 8
AN ACT TO REQUIRE PUBLIC ENTITIES TO CREATE A POLICY 9
CONCERNING THE AUTHORIZED USE OF ARTIFICIAL 10
INTELLIGENCE; AND FOR OTHER PURPOSES. 11
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Subtitle 14
TO REQUIRE PUBLIC ENTITIES TO CREATE A 15
POLICY CONCERNING THE AUTHORIZED USE OF 16
ARTIFICIAL INTELLIGENCE. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
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SECTION 1. Arkansas Code § 25 -1-128(a) — (e), as amended by Acts 2025, 21
No. 205, concerning the creation of a policy regarding use of technology 22
resources and cybersecurity by public entities, are amended to read as 23
follows: 24
(a) As used in this section: 25
(1) "Artificial intelligence" means a machine -based system that 26
can, based on a given set of human -defined objectives, make predictions, 27
recommendations, or decisions influencing a real or virtual environment; 28
(2) "Automated decision tool" means a system or service that 29
uses artificial intelligence and has been specifically developed and 30
marketed, or specifically modified, to make or to be a controlling factor in 31
making consequential decisions; 32
(1)(3) “Employee” means a person employed by a public entity; 33
(2)(4) “Public entity” means an instrumentality funded in whole 34
or in part by taxpayer funds, including without limitation: 35
(A) The Department of Agriculture; 36 As Engrossed: S4/9/25 HB1958
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(B) The Department of Commerce; 1
(C) The Department of Corrections; 2
(D) The Department of Education; 3
(E) The Department of Energy and Environment; 4
(F) The Department of Finance and Administration; 5
(G) The Department of Health; 6
(H) The Department of Human Services; 7
(I) The Department of Inspector General; 8
(J) The Department of Labor and Licensing; 9
(K) The Department of the Military; 10
(L) The Department of Parks, Heritage, and Tourism; 11
(M) The Department of Public Safety; 12
(N) The Department of Transformation and Shared 13
Administrative Services; 14
(O) The Department of Veterans Affairs; 15
(P) The office of a constitutional officer; 16
(Q) A political subdivision of the state; 17
(R) A public school district; 18
(S) A public school district board of directors; 19
(T) An open-enrollment public charter school; 20
(U) An institution of higher education; 21
(V) The State Highway Commission; 22
(W) The Arkansas Department of Transportation; or 23
(X) The Arkansas State Game and Fish Commission; 24
(3)(5) “State educational entity” means an entity with an 25
educational purpose that is funded in whole or in part by taxpayer funds that 26
is, including without limitation: 27
(A) A public school district; 28
(B) A public school district board of directors; and 29
(C) An open-enrollment charter school; 30
(4)(6) “State entity” means: 31
(A) The Department of Agriculture; 32
(B) The Department of Commerce; 33
(C) The Department of Corrections; 34
(D) The Department of Education; 35
(E) The Department of Energy and Environment; 36 As Engrossed: S4/9/25 HB1958
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(F) The Department of Finance and Administration; 1
(G) The Department of Health; 2
(H) The Department of Human Services; 3
(I) The Department of Inspector General; 4
(J) The Department of Labor and Licensing; 5
(K) The Department of the Military; 6
(L) The Department of Parks, Heritage, and Tourism; 7
(M) The Department of Public Safety; 8
(N) The Department of Shared Administrative Services; 9
(O) The Department of Veterans Affairs; 10
(P) The State Highway Commission; 11
(Q) The Arkansas Department of Transportation; 12
(R) The Arkansas State Game and Fish Commission; and 13
(S) An institution of higher education; and 14
(5)(7) “Technology resources” means: 15
(A) The machines, devices, and transmission facilities 16
used in information processing, including computers, word processors, 17
terminals, telephones, cables, software, and related products; 18
(B) The devices used to process information through 19
electronic capture, collection, storage, manipulation, transmission, 20
retrieval, and presentation of information in the form of data, text, voice, 21
or image and includes telecommunications and office automation functions; 22
(C) Any component related to information processing and 23
wired and wireless telecommunications, including data processing and 24
telecommunications hardware, software, services, planning, personnel, 25
facilities, and training; 26
(D) The procedures, equipment, and software that are 27
designed, built, operated, and maintained to collect, record, process, store, 28
retrieve, display, and transmit information, and the associated personnel, 29
including consultants and contractors; and 30
(E) All electronic mail email accounts issued by a public 31
entity. 32
(b) A public entity shall: 33
(1) Create a technology resources policy that defines the 34
authorized use of technology resources for the public entity; 35
(2)(A) Develop a cybersecurity policy for all technology 36 As Engrossed: S4/9/25 HB1958
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resources of the public entity based on the standards and guidelines set by 1
the State Cybersecurity Office. 2
(B) Subdivision (b)(2)(A) of this section shall not apply 3
to political subdivisions of the state; and 4
(3) Create an artificial intelligence and automated decision 5
tool policy that: 6
(A) Defines the authorized use of artificial intelligence 7
and automated decision tools for the public entity; and 8
(B) Requires an authorized human employee or designee to 9
make any final decision in the course of his or her employment, regardless of 10
what artificial intelligence or automated decision tool the employee or 11
designee recommends; and 12
(3)(4)(A) Develop a training program for all employees of the 13
public entity concerning the technology resources policy , and the 14
cybersecurity policy , and the artificial intelligence and automated decision 15
tool policy, including training on the appropriate use of artificial 16
intelligence and automated decision tools in deciding an outcome in the 17
course of an employee's employment . 18
(B) A political subdivision of the state is not required 19
to develop a training program under this section for a cybersecurity policy. 20
(c)(1) The technology resources policy and artificial intelligence and 21
automated decision tool policy for each state entity shall be available to 22
the public upon request. 23
(2) The Department of Education, in coordination with the State 24
Cybersecurity Office, shall: 25
(A) Develop technology resources and artificial 26
intelligence and automated decision tool policies that shall be used by each 27
type of state educational institution; and 28
(B) Make the policies developed under subdivision 29
(c)(2)(A) of this section available to the public upon request. 30
(d) Each technology resources and artificial intelligence and 31
automated decision tool policy shall include prohibitions on the use of a 32
public entity's technology resources and artificial intelligence and 33
automated decision tools , including without limitation that a public entity's 34
technology resources shall not be used to: 35
(1) Express a personal political opinion to an elected official 36 As Engrossed: S4/9/25 HB1958
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unless the opinion is: 1
(A) Within the scope of the employee's regular job duties; 2
or 3
(B) Requested by an elected official or public entity; 4
(2) Engage in lobbying an elected official on a personal opinion 5
if the employee is not a registered lobbyist for the public entity; 6
(3) Engage in illegal activities or activities otherwise 7
prohibited by federal law or state law; or 8
(4) Intentionally override or avoid the security and system 9
integrity procedures of the public entity. 10
(e) A public entity shall create a disciplinary procedure for a 11
violation of the public entity's technology resources and artificial 12
intelligence and automated decision tool policy concerning authorized use of 13
technology resources. 14
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/s/S. Meeks 16
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APPROVED: 4/17/25 19
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