EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0936*
SENATE BILL 936
I3, S1 5lr0853
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By: Senators Hester, Gile, and Love
Introduced and read first time: January 28, 2025
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Consumer Protection – High–Risk Artificial Intelligence – Developer and 2
Deployer Requirements 3
FOR the purpose of requiring a certain developer of and a certain deployer who uses a 4
certain high–risk artificial intelligence system to use reasonable care to protect 5
consumers from known and reasonably foreseeable risks of certain algorithmic 6
discrimination; prohibiting a developer from providing to a certain deployer or other 7
developer a high–risk artificial intelligence system unless certain disclosures are 8
provided to the deployer or developer; requiring a developer to make certain 9
documentation and information available to complete an impact assessment in a 10
certain manner; requiring a deployer to design, implement, and maintain a risk 11
management policy and program for the high–risk artificial intelligence system in 12
use by the deployer; requiring a deployer to complete an impact assessment of its 13
high–risk artificial intelligence system; requiring a deployer to provide certain 14
information to a consumer regarding the deployment of and decisions made by a 15
high–risk artificial intelligence system; requiring a deployer to provide consumers 16
with an opportunity to correct certain information and appeal a certain 17
consequential decision; authorizing the Attorney General to enforce this Act; 18
authorizing a consumer to bring a civil action against a deployer under certain 19
circumstances; and generally relating to the use of high–risk artificial intelligence 20
systems in the State. 21
BY adding to 22
Article – Commercial Law 23
Section 14–47A–01 through 14–47A–08 to be under the new subtitle “Subtitle 47A. 24
High–Risk Artificial Intelligence Developer Act” 25
Annotated Code of Maryland 26
(2013 Replacement Volume and 2024 Supplement) 27
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
That the Laws of Maryland read as follows: 29 2 SENATE BILL 936
Article – Commercial Law 1
SUBTITLE 47A. HIGH–RISK ARTIFICIAL INTELLIGENCE DEVELOPER ACT. 2
14–47A–01. 3
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5
(B) (1) “ALGORITHMIC DISCRIMIN ATION” MEANS THE USE OF AN 6
ARTIFICIAL INTELLIGE NCE SYSTEM THAT RESULTS IN AN UNLAWF UL DIFFERENTIAL 7
TREATMENT OR IMPACT THAT DISFAVORS AN IN DIVIDUAL OR GROUP OF 8
INDIVIDUALS ON THE BASIS OF THE INDIVIDUAL’S OR GROUP ’S ACTUAL OR 9
PERCEIVED: 10
(I) AGE; 11
(II) COLOR; 12
(III) DISABILITY; 13
(IV) ETHNICITY; 14
(V) GENETIC INFORMATION ; 15
(VI) LIMITED PROFICIENCY I N THE ENGLISH LANGUAGE ; 16
(VII) NATIONAL ORIGIN ; 17
(VIII) RACE; 18
(IX) RELIGION; 19
(X) REPRODUCTIVE HEALTH ; 20
(XI) SEX; 21
(XII) SEXUAL ORIENTATION ; 22
(XIII) VETERAN STATUS ; OR 23
(XIV) CLASSIFICATION OTHERWISE PROTECTED UNDER STATE 24
OR FEDERAL LAW . 25 SENATE BILL 936 3
(2) “ALGORITHMIC DISCRIMIN ATION” DOES NOT INCLUDE : 1
(I) THE OFFER, LICENSE, OR USE OF A HIGH –RISK ARTIFICIAL 2
INTELLIGENCE SYSTEM BY A DEVELOPER OR DE PLOYER FOR THE SOLE PURPOSE OF 3
THE DEVELOPER ’S OR DEPLOYER ’S SELF–TESTING TO IDENTIFY , MITIGATE, OR 4
PREVENT DISCRIMINATION OR OT HERWISE ENSURE COMPL IANCE WITH STATE AND 5
FEDERAL LAW ; 6
(II) THE EXPANSION OF AN A PPLICANT, A CUSTOMER, OR A 7
PARTICIPANT POOL TO INCREASE DIVERSITY O R REDRESS HISTORICAL 8
DISCRIMINATION ; OR 9
(III) AN ACT OR OMISSION BY OR ON BEHALF OF A PRIVATE CLUB 10
OR OTHER ESTABLISHME NT NOT IN FACT OPEN TO THE PUBLIC , AS PROVIDED BY 11
TITLE II OF THE CIVIL RIGHTS ACT OF 1964 UNDER 42 U.S.C. § 2000A(E). 12
(C) (1) “ARTIFICIAL INTELLIGEN CE SYSTEM ” MEANS A MACHINE 13
LEARNING–BASED SYSTEM THAT FO R ANY EXPLICIT OR IM PLICIT OBJECTIVE , 14
INFERS FROM THE INPU TS THE SYSTEM RECEIVES HOW TO GENERATE OUTPUTS , 15
INCLUDING CONTENT , DECISIONS, PREDICTIONS, OR RECOMMENDATIONS T HAT CAN 16
INFLUENCE PHYSICAL O R VIRTUAL ENVIRONMEN TS. 17
(2) “ARTIFICIAL INTELLIGENCE SYS TEM” DOES NOT INCLUDE AN 18
ARTIFICIAL INTELLIGE NCE SYSTEM OR A MODEL THAT IS USED F OR DEVELOPMENT , 19
PROTOTYPING , AND RESEARCH ACTIVIT IES BEFORE THE ARTIF ICIAL INTELLIGENCE 20
SYSTEM OR MODEL IS RELEASED ON THE MARKET . 21
(D) “CONSEQUENTIAL DECISION” MEANS A DECISION THA T HAS A 22
MATERIALLY LEGAL OR SIMILARLY S IGNIFICANT EFFECT ON THE PROVISION OR 23
DENIAL TO A CONSUMER OF: 24
(1) PAROLE, PROBATION, A PARDON, OR ANY OTHER RELEASE FROM 25
INCARCERATION OR COU RT SUPERVISION ; 26
(2) EDUCATION ENROLLME NT OR EDUCATION OPPO RTUNITY; 27
(3) ACCESS TO OR PROVISIO N OF EMPLOYMENT ; 28
(4) FINANCIAL OR LENDING SERVICES; 29
(5) ACCESS TO OR THE PROV ISION OF HEALTH CARE SERVICE S; 30
4 SENATE BILL 936
(6) HOUSING; 1
(7) INSURANCE; 2
(8) MARITAL STATUS; OR 3
(9) LEGAL SERVICE. 4
(E) (1) “CONSUMER” MEANS AN INDIVIDUAL WHO IS A RESIDENT OF TH E 5
STATE AND IS ACTING ONLY IN A PERSONAL OR HOUSEHOLD CONTEXT . 6
(2) “CONSUMER” DOES NOT INCLUDE A N INDIVIDUAL ACTING IN A 7
COMMERCIAL OR EMPLOY MENT CONTEXT . 8
(F) “DEPLOYER” MEANS A PERSON DOING BUSINESS IN TH E STATE THAT 9
DEPLOYS OR USES A HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM TO MAKE A 10
CONSEQUENTIAL DECISI ON IN THE STATE. 11
(G) “DEVELOPER” MEANS A PERSON DOING BUSINESS IN TH E STATE THAT 12
DEVELOPS OR INTENTIO NALLY AND SUBSTANTIALLY MODIFI ES A HIGH–RISK 13
ARTIFICIAL INTELLIGE NCE SYSTEM THAT IS OFFERED , SOLD, LEASED, GIVEN, OR 14
OTHERWISE PROVIDED T O CONSUMERS IN THE STATE. 15
(H) (1) “GENERAL–PURPOSE ARTIFICIAL I NTELLIGENCE MODEL ” MEANS 16
A MODEL USED BY AN ARTIFICIAL INTELLIGE NCE SYSTEM THAT : 17
(I) DISPLAYS SIGNIFICANT GENERALITY; 18
(II) IS CAPABLE OF COMPETE NTLY PERFORMING A WI DE RANGE 19
OF DISTINCT TASKS ; AND 20
(III) CAN BE INTEGRATED INT O A VARIETY OF DOWNS TREAM 21
APPLICATIONS OR SYST EMS. 22
(2) “GENERAL–PURPOSE ARTIFICIAL INTELLIGE NCE MODEL ” DOES 23
NOT INCLUDE AN ARTIF ICIAL INTELLIGENCE M ODEL THAT IS USED FO R 24
DEVELOPMENT , PROTOTYPING , AND RESEARCH ACTIVIT IES BEFORE THE 25
ARTIFICIAL INTELLIGE NCE MODEL IS RELEASE D ON THE MARKET . 26
(I) “GENERATIVE ARTIFICIAL INTELLIGENC E” MEANS ARTIFICIAL 27
INTELLIGENCE THAT IS CAPABLE OF AND USED TO PRODUCE SYNTHETIC CONTENT, 28
INCLUDING AUDIO , IMAGES, TEXT, AND VIDEOS. 29
SENATE BILL 936 5
(J) “GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM ” MEANS ANY 1
ARTIFICIAL INTELLIGE NCE SYSTEM OR SERVIC E THAT INCORPORATES GENERATIVE 2
ARTIFICIAL INTELLIGE NCE. 3
(K) (1) “HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM ” MEANS AN 4
ARTIFICIAL INTELLIGE NCE SYSTEM THAT IS SPECIFICALLY INTENDE D TO 5
AUTONOMOUSLY MAKE , OR BE A SUBSTANTIAL FACTOR IN MAKING , A 6
CONSEQUENTIAL DECISI ON. 7
(2) “HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM ” DOES NOT 8
INCLUDE: 9
(I) AN ARTIFICIAL INTELLIGE NCE SYSTEM THAT IS I NTENDED 10
TO: 11
1. PERFORM A NARROW PROC EDURAL TASK; 12
2. IMPROVE THE RESULT OF A PREVIOUSLY COMPLET ED 13
HUMAN ACTIVITY ; 14
3. DETECT ANY DECISION–MAKING PATTERNS OR ANY 15
DEVIATIONS FROM PREEXISTING DECISION–MAKING PATTERNS ; OR 16
4. PERFORM A PREPARATORY TASK TO AN ASSESSMEN T 17
RELEVANT TO A CONSEQ UENTIAL DECISION ; OR 18
(II) THE FOLLOWING TECHNOL OGIES: 19
1. ANTIFRAUD TECHNOLOGY THAT DOES NOT USE 20
FACIAL RECOGNITION T ECHNOLOGY ; 21
2. ARTIFICIAL INTELLIGEN CE–ENABLED VIDEO GAME 22
TECHNOLOGY ; 23
3. ANTIMALWARE AND ANTIVIRUS TECHNOLOGY ; 24
4. AUTONOMOUS VEHICLE TE CHNOLOGY; 25
5. CALCULATOR S; 26
6. CYBERSECURITY TECHNOLOGY ; 27
7. DATABASES AND DATA STORAGE ; 28 6 SENATE BILL 936
8. FIREWALL TECHNOLOGY ; 1
9. INTERNET DOMAIN REGIS TRATION; 2
10. INTERNET WEBSITE LOADING ; 3
11. NETWORKING ; 4
12. SPAM AND ROBOCALL FILTERING; 5
13. SPELLCHECKING TECHNOLOGY ; 6
14. SPREADSHEET S; 7
15. WEB CACHING; 8
16. WEB HOSTING OR SIMILAR T ECHNOLOGY ; OR 9
17. TECHNOLOGY THAT COMMUNICATES WITH 10
CONSUMERS IN NATURAL LANGUAGE FOR THE PUR POSE OF PROVIDING US ERS WITH 11
INFORMATION , MAKING REFERRALS OR RECOMMENDATIONS , AND ANSWERING 12
QUESTIONS AND IS SUBJECT TO AN ACCEPTABLE USE PO LICY THAT PROHIBITS 13
GENERATING CONTENT T HAT IS DISCRIMINATOR Y OR UNLAWFUL. 14
(L) (1) “INTENTIONAL AND SUBST ANTIAL MODIFICATION ” MEANS A 15
DELIBERATE CHANGE MA DE TO: 16
(I) AN ARTIFICIAL INTELLI GENCE SYSTEM THAT RESULTS IN A 17
NEW MATERIAL RISK OF ALGORITHMIC DISCRIMINATION ; OR 18
(II) A GENERAL–PURPOSE ARTIFICIAL I NTELLIGENCE MODEL 19
THAT: 20
1. AFFECTS COMPLIANCE OF THE GENERAL –PURPOSE 21
ARTIFICIAL INTELLIGE NCE MODEL; 22
2. MATERIALLY CHANGES TH E PURPOSE OF THE 23
GENERAL–PURPOSE ARTIFICIAL I NTELLIGENCE MODEL ; OR 24
3. RESULTS IN ANY NEW RE ASONABLY FORESEEABLE 25
RISK OF ALGORITHMIC DISCRIMINATION . 26
SENATE BILL 936 7
(2) “INTENTIONAL AND SUBST ANTIAL MODIFICATION ” DOES NOT 1
INCLUDE A CHANGE MADE TO A HIG H–RISK ARTIFICIAL INTE LLIGENCE SYSTEM, OR 2
THE PERFORMANCE OF A HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM , IF: 3
(I) THE HIGH –RISK ARTIFICIAL INTE LLIGENCE SYSTEM 4
CONTINUES TO LEARN A FTER THE HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM IS 5
DEPLOYED OR O FFERED, SOLD, LEASED, LICENSED, GIVEN, OR OTHERWISE MADE 6
AVAILABLE TO A DEPLO YER; AND 7
(II) THE CHANGE: 8
1. IS MADE TO THE HIGH–RISK ARTIFICIAL 9
INTELLIGENCE SYSTEM AS A RESULT OF ANY L EARNING DESCRIBED IN ITEM (I) OF 10
THIS PARAGRAPH ; 11
2. WAS PREDETERMINED BY THE DEPLOYER OR THE 12
THIRD PARTY CONTRACTED BY THE DEPLOYER ; AND 13
3. INCLUDED AND CONCLUDED WITHIN THE INITIAL 14
IMPACT ASSESSMENT OF THE HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM 15
UNDER § 14–47A–04(C) OF THIS SUBTITLE. 16
(M) (1) “PERSON” MEANS AN INDIVIDUAL , AN ASSOCIATION, A 17
COOPERATIVE , A CORPORATION , A LIMITED LIABILITY CO MPANY, A PARTNERSHIP , 18
A TRUST, A JOINT VENTURE , OR ANY OTHER LEGAL OR COMMERCIAL ENTITY AND 19
ANY SUCCESSOR , REPRESENTATIVE , AGENCY, OR INSTRUMENTALITY T HEREOF. 20
(2) “PERSON” DOES NOT INCLUDE A GOVERNMENTAL UNIT. 21
(N) “PRINCIPAL BASIS” MEANS THE USE OF AN OUTPUT OF A HIGH –RISK 22
ARTIFICIAL INTELLIGE NCE SYSTEM TO MAKE A DECISION WITHOUT : 23
(1) HUMAN REVIEW , OVERSIGHT, INVOLVEMENT , OR INTERVENTION ; 24
OR 25
(2) MEANINGFUL CONSIDERAT ION BY A HUMAN . 26
(O) (1) “SUBSTANTIAL FACTOR ” MEANS A FACTOR GENERATED BY AN 27
ARTIFICIAL INTELLIGE NCE SYSTEM THAT IS: 28
(I) THE PRINCIPAL BASIS F OR MAKING A CONSEQUENTI AL 29
DECISION; OR 30
8 SENATE BILL 936
(II) CAPABLE OF ALTERING T HE OUTCOME OF A 1
CONSEQUENTIAL DECISI ON. 2
(2) “SUBSTANTIAL FACTOR ” INCLUDES ANY USE OF AN ARTIFI CIAL 3
INTELLIGENCE SYSTEM TO GENERATE ANY CONT ENT, DECISION, PREDICTION, OR 4
RECOMMENDATION CONCE RNING A CONSUMER THA T IS USED AS THE PRINCIPAL 5
BASIS TO MAKE A CONS EQUENTIAL DECISION C ONCERNING THE CONSUM ER. 6
(P) “SYNTHETIC CONTENT” MEANS INFORMATION , SUCH AS AUDIO CLIPS, 7
IMAGES, TEXT, AND VIDEO, THAT IS PRODUCED OR SIGNIFICANTLY MODIFI ED OR 8
GENERATED BY ALGORITHMS , INCLUDING BY AN ARTIFICIAL INTELL IGENCE 9
SYSTEM. 10
14–47A–02. 11
THIS SUBTITLE DOES NOT APPLY TO : 12
(1) EXCEPT IN A SITUATION WHERE A HIGH–RISK ARTIFICIAL 13
INTELLIGENCE SYSTEM IS USED TO MAKE, OR IS A SUBSTANTIAL FACTOR IN MAKING , 14
A DECISION CONCERNIN G EMPLOYMENT OR HOUS ING, A DEVELOPER OR DEPLO YER 15
THAT USES AN ARTIFICIAL INTELL IGENCE SYSTEM ACQUIR ED BY OR FO R THE 16
FEDERAL GOVERNMENT O R ANY FEDERAL AGENCY OR DEPARTMENT , INCLUDING: 17
(I) THE U.S. DEPARTMENT OF COMMERCE; 18
(II) THE U.S. DEPARTMENT OF DEFENSE; AND 19
(III) THE NATIONAL AERONAUTICS AND SPACE 20
ADMINISTRATION ; 21
(2) AN INSURER, OR A HIGH–RISK ARTIFICIAL INTELLIGEN CE SYSTEM 22
DEVELOPED OR DEPLOYE D BY AN INSURER FOR USE IN THE BUSINESS OF 23
INSURANCE, IF THE INSURER IS REGULATED AND SUPERVISED BY TH E INSURANCE 24
ADMINISTRATION AND SU BJECT TO THE PROVISI ONS UNDER TITLE 13 OF THIS 25
ARTICLE; OR 26
(3) A DEVELOPER, A DEPLOYER, OR ANY OTHER PERSON WHO : 27
(I) IS A COVERED ENTITY UNDER THE FEDERAL HEALTH 28
INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 UNDER 42 U.S.C. § 29
1320D THROUGH 1320D–9, AND THE CORRESPONDIN G FEDERAL REGULATION S; 30
AND 31
SENATE BILL 936 9
(II) PROVIDES: 1
1. HEALTH CARE RECOMMEND ATIONS GENERATED BY 2
AN ARTIFICIAL INTELL IGENCE SYSTEM IN WHI CH A HEALTH CARE PRO VIDER IS 3
REQUIRED TO TAKE ACT ION TO IMPLEMENT THE HEALTH CARE 4
RECOMMENDATIONS ; OR 5
2. SERVICES USING AN ART IFICIAL INTELLIGENCE 6
SYSTEM FOR AN ADMINISTRATIVE , FINANCIAL, QUALITY MEASUREMENT , SECURITY, 7
OR PERFORMANCE IMPRO VEMENT FUNCTION . 8
14–47A–03. 9
(A) (1) BEGINNING FEBRUARY 1, 2026, A DEVELOPER OF A 10
HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM SHAL L USE REASONABLE CAR E TO 11
PROTECT CONSUMERS FR OM ANY KNOWN OR REAS ONABLY FORESEEABLE R ISKS OF 12
ALGORITHMIC DISCRIMI NATION. 13
(2) IN AN ENFORCEMENT ACT ION BROUGHT BY THE ATTORNEY 14
GENERAL UNDER THIS SUBTITLE, THERE SHA LL BE A REBUTTABLE P RESUMPTION 15
THAT A DEVELOPER USE D REASONABLE CARE AS REQUIRED UNDER THIS 16
SUBSECTION IF THE DEVELOPER COMPLIE D WITH THE PROVISION S OF THIS 17
SECTION. 18
(B) BEGINNING FEBRUARY 1, 2026, AND SUBJECT TO SUBSECTION (D) OF 19
THIS SECTION, A DEVELOPER OF A HIGH –RISK ARTIFICIAL INTE LLIGENCE SYSTEM 20
MAY NOT OFFER , SELL, LEASE, GIVE, OR OTHERWISE PROVIDE TO A DEPLOYER, OR 21
OTHER DEVELOPER , A HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM , UNLESS THE 22
DEVELOPER MAKES AVAI LABLE TO THE DEPLOYE R OR OTHER DEVE LOPER: 23
(1) A STATEMENT DISCLOSING THE INTEN DED USES OF THE 24
HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM ; 25
(2) DOCUMENTATION DISCLOS ING: 26
(I) THE KNOWN OR REASONAB LY FORESEEABLE LIMIT ATIONS 27
OF THE HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM , INCLUDING THE KNOWN OR 28
REASONABLY FORESEEAB LE RISKS OF ALGORITH MIC DISCRIMINATION A RISING 29
FROM THE INTENDED US ES OF THE HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM ; 30
(II) THE PURPOSE OF THE HIGH–RISK ARTIFICIAL 31
INTELLIGENCE SYSTEM AND THE INTENDED BEN EFITS AND USES OF THE HIGH–RISK 32
ARTIFICIAL INTELLIGE NCE SYSTEM; 33 10 SENATE BILL 936
(III) A SUMMARY DESCRIBING T HE MANNER IN WHICH T HE 1
HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM WAS EVALUATED FOR 2
PERFORMANCE BEFORE T HE HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM WAS 3
LICENSED, SOLD, LEASED, GIVEN, OR OTHERWISE MADE AV AILABLE TO A DEPLOYE R; 4
(IV) THE MEASURES THE DEVELOPER HAS TAKEN TO MITIGAT E 5
REASONABLY FORESEEAB LE RISKS OF ALGORITH MIC DISCRIMINATION T HAT THE 6
DEVELOPER KNOWS ARIS ES FROM DEPLOYMENT OR U SE OF THE HIGH –RISK 7
ARTIFICIAL INTELL IGENCE SYSTEM ; AND 8
(V) THE MANNER IN WHICH A N INDIVIDUAL CAN USE THE 9
HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM AND MONITOR THE PERFORMA NCE 10
OF THE HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM FOR RISK OF ALGORITHMIC 11
DISCRIMINATION ; 12
(3) DOCUMENTATION DESCRIBING: 13
(I) THE MANNER IN WHICH T HE HIGH–RISK ARTIFICIAL 14
INTELLIGENCE SYSTEM WAS EVALUATED FOR PE RFORMANCE , AND MITIGATION OF 15
ALGORITHMIC DISCRIMI NATION BEFORE THE HIGH–RISK ARTIFICIAL 16
INTELLIGENCE SYSTEM WAS OFFERED , SOLD, LEASED, LICENSED, GIVEN, OR 17
OTHERWISE MADE AVAIL ABLE TO THE DEPLOYER OR OTHER DEVELOPER ; 18
(II) A HIGH–LEVEL SUMMARY OF THE MANNER IN WHICH DATA 19
SOURCES WERE EVALUAT ED FOR POTENTIAL BIA S AND APPROPRIATE MI TIGATIONS 20
WERE APPLIED ; 21
(III) THE INTENDED OUTPUTS OF THE HIGH–RISK ARTIFICIAL 22
INTELLIGENCE SYSTEM ; 23
(IV) THE MEASURES THE DEVE LOPER HAS TAKEN TO M ITIGATE 24
ANY KNOWN OR REASONA BLY FORESEEABLE RISK S OF ALGORITHMIC 25
DISCRIMINATION THAT MAY ARISE FROM REASO NABLY FORESEEABLE DE PLOYMENT 26
OF THE HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM; AND 27
(V) THE MANNER IN WHICH THE HIGH–RISK ARTIFICIAL 28
INTELLIGENCE SYSTEM SHOULD BE USED , NOT USED, AND MONITORED BY AN 29
INDIVIDUAL WHEN BEING USED; AND 30
(4) ANY ADDITIONAL DOCUME NTATION THAT IS REAS ONABLY 31
NECESSARY TO ASSIST A DEPLOYER TO : 32
SENATE BILL 936 11
(I) UNDERSTAND THE OUTPUT S OF THE HIGH–RISK 1
ARTIFICIAL INTELLIGE NCE SYSTEM; AND 2
(II) MONITOR THE PERFORMAN CE OF THE HIGH–RISK 3
ARTIFICIAL INTELLIGE NCE SYSTEM FOR RISKS OF ALGORITHMIC DISCR IMINATION. 4
(C) (1) SUBJECT TO SUBSECTION (D) OF THIS SECTIO N, A DEVELOPER 5
THAT, ON OR AFTER FEBRUARY 1, 2026, OFFERS, SELLS, LEASES, LICENSES, GIVES, 6
OR OTHERWISE MAKES A VAILABLE TO A DEPLOY ER OR OTHER DEVELOPE R A 7
HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM , TO THE EXTENT PRACTICABLE , 8
SHALL MAKE AVAILABLE TO DE PLOYERS AND OTHER DE VELOPERS THE 9
DOCUMENTATION AND IN FORMATION NECESSARY FOR A DEPLOYER OR TH IRD 10
PARTY CONTRACTED BY A DEPLOYER TO COMPLE TE AN IMPACT ASSESSM ENT 11
UNDER § 14–47A–04(C) OF THIS SUBTITLE. 12
(2) THE DEVELOPER SHALL M AKE DOCUMENTATION AND 13
INFORMATION AVAILABL E AS REQUIRED UNDER PA RAGRAPH (1) OF THIS 14
SUBSECTION THROUGH: 15
(I) ARTIFACTS, INCLUDING MODEL CARD FILES THAT 16
ACCOMPANY THE MODEL AND PROVIDE INFORMAT ION ABOUT DISCOVERAB ILITY, 17
REPRODUCIBILITY , AND SHARING; 18
(II) DATASET CARD FILES THAT: 19
1. ARE USED TO INFORM US ERS ABOUT HOW TO 20
RESPONSIBLY USE THE DATA IN A DATASET ; AND 21
2. CONTAIN INFORMATION A BOUT POTENTIAL BIASE S 22
OF THE DATA; OR 23
(III) OTHER IMPACT ASSESSME NTS. 24
(D) (1) FOR ANY DISCLOSURE REQUIRED UNDER THIS SECTION , A 25
DEVELOPER , NOT LATER THAN 90 DAYS AFTER THE DEVEL OPER PERFORMS AN 26
INTENTIONAL AND SUBS TANTIAL MODIFICATION TO A HIGH–RISK ARTIFICIAL 27
INTELLIGENCE SYSTEM , SHALL UPDATE THE DISCLOSUR E TO ENSURE ACCURACY . 28
(2) A DEVELOPER THAT ALSO S ERVES AS A DEPLOYER FOR ANY 29
HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM IS N OT REQUIRED TO GENER ATE 30
THE DOCUMENTATION RE QUIRED UNDER THIS SE CTION UNLESS THE HIG H–RISK 31
ARTIFICIAL INTELLIGE NCE SYSTEM IS PROVID ED TO AN UNAFFILIATE D ENTITY 32
ACTING AS A DEPLOYER O R AS OTHERWISE REQUI RED BY LAW. 33 12 SENATE BILL 936
(E) A HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM SHAL L BE PRESUMED 1
TO SATISFY THE APPLICABLE REQUIREMENTS UNDER T HIS SECTION AND ANY 2
REGULATIONS ADOPTED IN ACCORDANCE WITH T HIS SUBTITLE IF THE HIGH–RISK 3
ARTIFICIAL INTELLIGEN CE SYSTEM IS IN CONF ORMITY WITH THE LATE ST VERSION 4
OF: 5
(1) THE ARTIFICIAL INTELLIGENCE RISK MANAGEMENT 6
FRAMEWORK PUBLISHED B Y THE NATIONAL INSTITUTE OF STANDARDS AND 7
TECHNOLOGY ; 8
(2) STANDARD ISO/IEC 42001 OF THE INTERNATIONAL 9
ORGANIZATION FOR STANDARDIZATION ; OR 10
(3) ANOTHER NATIONALLY OR INTERNATIONALLY RECO GNIZED RISK 11
MANAGEMENT FRAMEWORK FOR ARTIFICIAL INTEL LIGENCE SYSTEMS THAT IS 12
SUBSTANTIALLY EQUIVA LENT TO, AND AT LEAST AS STRI NGENT AS, THE 13
REQUIREMENTS ESTABLI SHED UNDE R THIS SECTION. 14
(F) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE A DEVELOPER TO 15
DISCLOSE ANY INFORMA TION: 16
(1) THAT IS A TRADE SECRE T, AS DEFINED IN § 11–1201 OF THIS 17
ARTICLE, OR OTHERWISE PROTECT ED FROM DISCLOSURE U NDER STATE OR 18
FEDERAL LAW ; OR 19
(2) THE DISCLOSURE OF WHI CH WOULD: 20
(I) PRESENT A SECURITY RI SK TO THE DEVELOPER ; OR 21
(II) REQUIRE THE DEVELOPER TO DISCLOSE CONFIDEN TIAL OR 22
PROPRIETARY INFORMAT ION. 23
(G) (1) EACH DEVELOPER OF A G ENERATIVE ARTIFICIAL INTELLIGENCE 24
SYSTEM THAT GENERATE S OR MODIFIES SYNTHE TIC CONTENT SHALL EN SURE THAT 25
THE OUTPUTS OF THE HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM : 26
(I) ARE MARKED AT THE TIME THE OUTP UT IS GENERATED AND 27
IN A MANNER THAT IS DETECTABLE BY CONSUM ERS; AND 28
(II) COMPLY WITH ANY ACCESSIBILI TY REQUIREMENTS . 29
SENATE BILL 936 13
(2) FOR SYNTHETIC CONTENT THAT IS AN AUDIO, IMAGE, OR VIDEO 1
FORMED AS PART OF AN ARTISTIC , CREATIVE, SATIRICAL, FICTIONAL ANALOGOUS 2
WORK OR PROGRAM , A MARKING OF HIGH –RISK ARTIFICIAL INTE LLIGENCE 3
SYSTEMS UNDER PARAG RAPH (1) OF THIS SUBSECTION SHALL BE LIMITED IN A 4
MANNER NOT TO HINDER THE DISPLA Y OR ENJOYMENT OF THE WORK OR PROGRAM . 5
(3) THE MARKING OF OUTPUT S REQUIRED UNDER PARAGRAPH (1) OF 6
THIS SUBSECTION DOES NOT APPLY TO: 7
(I) SYNTHETIC CONTENT THA T: 8
1. CONSISTS EXCLUSIVELY OF TEXT; 9
2. IS PUBLISHED TO INFOR M THE PUBLIC ON ANY 10
MATTER OF PUBLIC INT EREST; OR 11
3. IS UNLIKELY TO MISLEA D A REASONABLE PERSO N 12
CONSUMING THE SYNTHETIC CONTENT ; OR 13
(II) THE OUTPUTS OF A HIGH –RISK ARTIFICIAL INTE LLIGENCE 14
SYSTEM THAT: 15
1. PERFORMS AN ASSISTIVE FUNCTIO N FOR STANDARD 16
EDITING; 17
2. DOES NOT SUBSTANTIALLY AL TER THE INPUT DATA 18
PROVIDED BY THE DEVE LOPER, OR IS USED TO DETECT , PREVENT, OR INVESTIGATE; 19
OR 20
3. PROSECUTE S A CRIME AS AUTHORIZE D BY LAW. 21
14–47A–04. 22
(A) (1) BEGINNING FEBRUARY 1, 2026, EACH DEPLOYER SHALL USE 23
REASONABLE CARE TO P ROTECT CONSUMERS FRO M ANY KNOWN OR REASO NABLY 24
FORESEEABLE RISKS OF ALGORITHMIC DISCRIMI NATION. 25
(2) IN AN ENFORCEMENT ACT ION BROUGHT BY THE ATTORNEY 26
GENERAL UNDER THIS SUBTITLE, THERE SHALL BE A REB UTTABLE PRESUMPTION 27
THAT A DEPLOYER USED REASONABLE CARE AS R EQUIRED UNDER THIS 28
SUBSECTION IF THE DEPLOYER COMPLIED WITH THE REQUIREMENTS OF THIS 29
SECTION. 30
14 SENATE BILL 936
(B) (1) BEGINNING FEBRUARY 1, 2026, AND SUBJECT TO PARAG RAPH (2) 1
OF THIS SUBSECTION , A DEPLOYER OF A HIGH –RISK ARTIFICIAL INTE LLIGENCE 2
SYSTEM SHALL DESIGN, IMPLEMENT, AND MAINTAIN A RISK MANAGEMENT POLICY 3
AND PROGRAM FOR THE HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM . 4
(2) EACH RISK MANAGEMENT POLI CY DESIGNED, IMPLEMENTED , 5
AND MAINTAINED IN AC CORDANCE WITH PARAGR APH (1) OF THIS SUBSECTION 6
SHALL: 7
(I) SPECIFY THE PRINCIPLE S, PROCESSES, AND PERSONNEL 8
THAT THE DEPLOYER US ES TO IDENTIFY, MITIGATE, AND DOCUMENT ANY RISK OF 9
ALGORITHMIC DISCRIMINATION T HAT IS A REASONABLY FORESEEAB LE 10
CONSEQUENCE OF DEPLO YING OR USING THE HI GH–RISK ARTIFICIAL 11
INTELLIGENCE SYSTEM ; 12
(II) BE REGULARLY REVIEWED A ND UPDATED OVER THE LIFE 13
CYCLE OF THE HIGH –RISK ARTIFICIAL INTE LLIGENCE SYSTEM ; AND 14
(III) BE REASONABL E AND IN CONSIDERATI ON OF THE 15
GUIDANCE AND STANDAR DS PROVIDED IN THE LATEST VERSIO N OF: 16
1. THE ARTIFICIAL INTELLIGENCE RISK MANAGEMENT 17
FRAMEWORK PUBLISHED B Y THE NATIONAL INSTITUTE OF STANDARDS AND 18
TECHNOLOGY ; 19
2. STANDARD ISO/IEC 42001 OF THE INTERNATIONAL 20
ORGANIZATION FOR STANDARDIZATION ; 21
3. ANOTHER NATIONALLY OR INTERN ATIONALLY 22
RECOGNIZED RISK MANA GEMENT FRAMEWORK FOR ARTIFICIAL INTELLIGE NCE 23
SYSTEMS WITH REQUIREMENTS THAT AR E SUBSTANTIALLY EQUI VALENT TO, AND AT 24
LEAST AS STRINGENT A S, THE REQUIREMENTS ESTABLISHED UNDER THIS SECTION; 25
OR 26
4. ANY RISK MANAGEMENT F RAMEWORK FOR 27
ARTIFICIAL INTELLIGE NCE SYSTEMS THAT THE ATTORNEY GENERAL MAY 28
DESIGNATE AND IS SU BSTANTIALLY EQUIVALE NT TO, AND AT LEAST AS STRI NGENT 29
AS, THE GUIDANCE AND STA NDARDS OF THE FRAMEWORK DESCRIBED IN ITEM 1 OF 30
THIS ITEM. 31
(3) A HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM SHAL L BE 32
PRESUMED TO SATISFY THE REQUIREMENTS UND ER THIS SECTION AND ANY 33
REGULATIONS ADOPTED IN ACCORDANCE WITH T HIS SUBTITLE IF THE HIGH–RISK 34 SENATE BILL 936 15
ARTIFICIAL INTELLIGE NCE SYSTEM IS IN CON FORMITY WITH THE LAT EST VERSION 1
OF: 2
(I) THE ARTIFICIAL INTELLIGENCE RISK MANAGEMENT 3
FRAMEWORK PUBLISHED B Y THE NATIONAL INSTITUTE OF STANDARDS AND 4
TECHNOLOGY ; 5
(II) STANDARD ISO/IEC 42001 OF THE INTERNATIONAL 6
ORGANIZATION FOR STANDARDIZATION ; OR 7
(III) ANOTHER NATIONALLY OR INTERNATIONALLY 8
RECOGNIZED RISK MANA GEMENT FRAMEWORK FOR ARTIFICIAL INTELLIGE NCE 9
SYSTEMS THAT ARE SUB STANTIALLY EQUIVALEN T TO, AND AT LEAST AS STRI NGENT 10
AS, THE REQUIREMENTS EST ABLISHED UNDER THIS SECTION. 11
(C) (1) SUBJECT TO PARAGRA PHS (2) AND (3) OF THIS SUBSECTION A ND 12
EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION: 13
(I) ON OR AFTER FEBRUARY 1, 2026, BEFORE INITIAL 14
DEPLOYMENT OF A HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM OR USE OF A 15
HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM, A DEPLOYER SHALL COMPLETE AN 16
IMPACT ASSESSMENT OF THE HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM ; AND 17
(II) AT LEAST 90 DAYS BEFORE A SIGNIF ICANT UPDATE TO A 18
HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM IS M ADE AVAILABLE , A DEPLOYER 19
SHALL COMPLETE AN IMPACT ASSESSMENT OF THE HIGH–RISK ARTIFICIAL 20
INTELLIGENCE SYSTEM IF THE UPDATE PRODUC ES A NEW VERSION OR RELEASE OR 21
SIMILAR CHANGE TO THE HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM THAT: 22
1. INTRODUCES S IGNIFICANT CHANGES T O THE USE 23
CASE OR KEY FUNCTION ALITY OF THE HIGH –RISK ARTIFICIAL INTE LLIGENCE 24
SYSTEM; AND 25
2. RESULTS IN A NEW OR R EASONABL Y FORESEEABLE 26
RISK OF ALGORITHMIC DISCRIMINATION . 27
(2) EACH IMPACT ASSESSMEN T COMPLETED UNDER PARAGRAPH (1) 28
OF THIS SUBSECTION SHAL L INCLUDE: 29
(I) A STATEMENT BY THE DEP LOYER DISCLOSING THE 30
PURPOSE AND INTENDED USE CASES A ND DEPLOYMENT CONTEX T OF, AND BENEFITS 31
AFFORDED BY , THE HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM ; 32
16 SENATE BILL 936
(II) AN ANALYSIS OF WHETHE R THE DEPLOYMENT OF THE 1
HIGH–RISK ARTIFICIAL INTELLIGENCE SYSTEM : 2
1. POSES ANY KNOWN OR RE ASONABLY FORESEEABLE 3
RISKS OF ALGORITHMIC DISCRIMINATION ; 4
2. THE NATURE OF ANY ALGORITHMIC 5
DISCRIMINATION ; AND 6
3. THE STEPS THAT HAVE B EEN TAKEN TO MITIGAT E 7
RISKS; 8
(III) FOR A POSTDEPLOYMENT IMPACT ASSESSMENT 9
COMPLETED UNDER THIS SUBSECTION, AN ANALYSIS OF WHETH ER THE INTENDED 10
USE CASES OF THE HIG H–RISK ARTIFICIAL INTE LLIGENCE SYSTEM , AS UPDATED, 11
WERE CONSISTENT WITH , OR VARIED FROM , THE DEVELOPER ’S INTENDED USES OF 12
THE HIGH–RISK ARTIFICIAL IN TELLIGENCE SYSTEM ; 13
(IV) A DESCRIPTION OF THE C ATEGORIES OF DATA TH E 14
HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM PROC ESSES AS INPUTS AND THE 15
OUTPUTS THE HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM PROD UCES; 16
(V) IF THE DEPLOYER USED DATA TO CUSTOMIZE TH E 17
HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM , AN OVERVIEW OF THE C ATEGORIES 18
OF DATA THE DEPLOYER USED TO CUSTOMIZE THE HIGH–RISK ARTIFICIAL 19
INTELLIGENCE SYSTEM ; 20
(VI) A LIST OF METRICS USED TO EVAL UATE THE PERFORMANCE 21
AND KNOWN LIMITATION S OF THE HIGH–RISK ARTIFICIAL INTELLIGE NCE SYSTEM; 22
(VII) A DESCRIPTION OF TRANS PARENCY MEASURES TAK EN 23
CONCERNING THE HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM , INCLUDING ANY 24
MEASURES TAKEN TO DI SCLOSE TO A CONSUMER THAT A HIGH–RISK ARTIFICIAL 25
INTELLIGENCE SYSTEM IS IN USE WHEN THE CONSUMER IS ENGAGING OR 26
INTERACTING WITH A S YSTEM OR PRODUCT IN WHICH A HIGH–RISK ARTIFICIAL 27
INTELLIGENCE SYSTEM IS IN USE; 28
(VIII) A DESCRIPTION OF POSTD EPLOYMENT MONITORING AND 29
USER SAFEGUARDS RELATED TO THE HIGH–RISK ARTIFICIAL INTELLIGENCE 30
SYSTEM, INCLUDING THE OVERSIGHT PROCESS ESTABLISHED BY THE DEPLOYER TO 31
ADDRESS ISSUES ARISI NG FROM DEPLOYMENT OR USE OF A HIGH–RISK ARTIFICIAL 32
INTELLIGENCE SYSTEM ; AND 33
SENATE BILL 936 17
(IX) AN ANALYSIS OF THE VA LIDITY AND RELIABILI TY OF THE 1
HIGH–RISK ARTIFICIAL INTELLIGE NCE SYSTEM , IN ACCORDANCE WITH 2
CONTEMPORARY SOCIAL SCIENCE STANDARDS AN D A DESCRIPTION OF M ETRICS TO 3
EVALUATE PERFORMANCE AND KNOWN LIMITATION S OF THE HIGH –RISK 4
ARTIFICIAL INTELLIGE NCE SYSTEM. 5
(3) A DEPLOYER SHALL MAINT AIN A COMPLETE D IMPACT 6
ASSESSMENT OF A HIGH –RISK ARTIFICIAL INTE LLIGENCE SYSTEM REQU IRED 7
UNDER THIS SECTION A ND ALL RECORDS CONCE RNING THE IMPACT ASSESSMENT 8
FOR AT LEAST 3 YEARS. 9
(4) A SINGLE IMPACT ASSESS MENT MAY ADDRESS A C OMPARABLE 10
SET OF HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEMS DEP LOYED BY A DEPLOYER . 11
(D) BEGINNING FEBRUARY 1, 2026, BEFORE A DEPLOYER DE PLOYS A 12
HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM , THE DEPLOYER SHALL : 13
(1) NOTIFY THE CONSUMER T HAT THE DEPLOYER HAS DEPLOYED A 14
HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM TO M AKE, OR BE A SUBSTANTIAL 15
FACTOR IN MAKING , A CONSEQUENTIAL DECISI ON ABOUT THE CONSUMER ; AND 16
(2) PROVIDE TO THE CONSUM ER: 17
(I) A STATEMENT DISCLOSING THE PURPOSE OF THE 18
HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM AND THE NATURE OF THE 19
CONSEQUENTIAL DECISI ON; 20
(II) IF APPLICABLE , INFORMATION CONCERNI NG THE 21
CONSUMER ’S RIGHT TO OPT OUT OF THE PROCESSIN G OF THE CONSUMER ’S 22
PERSONAL DATA IN ACCORDANCE WITH STATE OR FEDERAL LAW; 23
(III) CONTACT INFORMATION F OR THE DEPLOYER; AND 24
(IV) A DESCRIPTION, IN PLAIN LANGUAGE , OF THE HIGH–RISK 25
ARTIFICIAL INTELLIGE NCE SYSTEM, INCLUDING: 26
1. THE PERSONAL CHARACTE RISTICS OR ATTRIBUTE S 27
THE ARTIFICIAL INTEL LIGENCE SYSTEM WILL MEASURE OR ASSESS AN D THE 28
METHOD BY WHICH THE SYSTEM MEASURES OR A SSESSES PERSONAL 29
CHARACTERISTICS OR A TTRIBUTES; 30
18 SENATE BILL 936
2. THE RELEVANCE OF PERSONAL CHARACTERIS TICS 1
OR ATTRIBUTES TO CON SEQUENTIAL DECISIONS RELATED TO THE ARTIFICIAL 2
INTELLIGENCE SYSTEM ; 3
3. ANY HUMAN COMPONENTS OF THE ARTIFICIAL 4
INTELLIGENCE SYSTEM ; 5
4. THE MANNER IN WHICH A UTOMATED COMPONENTS 6
OF THE ARTIFICIAL IN TELLIGENCE SYSTEM ARE USED TO INFORM CONSE QUENTIAL 7
DECISIONS RELATED TO THE SYSTEM; AND 8
5. A DIRECT LINK TO A PUB LICLY ACCESSIBLE WEB PAGE 9
ON THE DEPLOYER ’S WEBSITE THAT CONTAINS A DESCRIPTION IN PLAIN LANGUAGE 10
OF THE LOGIC USED IN THE ARTIFICIAL INTEL LIGENCE SYSTEM , INCLUDING: 11
A. KEY PARAMETERS THAT A FFECT THE OUTPUT OF THE 12
SYSTEM; 13
B. THE TYPE AND SOURCE O F DATA COLLECTED FRO M 14
INDIVIDUALS AND PROCESSED BY THE SYSTEM IN MAKING OR ASSISTING IN MAKING 15
A CONSEQUENTIAL DECI SION; AND 16
C. THE RESULTS OF THE MO ST RECENT IMPACT 17
ASSESSMENT REQUIRED UNDER THIS SECTION. 18
(E) BEGINNING FEBRUARY 1, 2026, AND SUBJECT TO SUBSE CTION (F) OF 19
THIS SECTION, A DEPLOYER THAT HAS DEPLOYED A HIGH–RISK ARTIFICIAL 20
INTELLIGENCE SYSTEM SHALL, IF A CONSEQUENTIAL DECISI ON IS ADVERSE TO THE 21
CONSUMER , PROVIDE TO THE CONSUMER : 22
(1) A STATEMENT DISCLOSING THE PRINCIPAL REASON OR REASONS 23
FOR THE ADVERSE CONSEQUENTIA L DECISION, INCLUDING: 24
(I) THE DEGREE TO WHICH , AND MANNER IN WHICH , THE 25
HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM CONT RIBUTED TO THE ADVERSE 26
CONSEQUENTIAL DECISI ON; 27
(II) THE TYPE OF DATA THAT WERE PROCESSED BY THE 28
HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM IN MAKING THE ADVERSE 29
CONSEQUENTIAL DECISI ON; AND 30
(III) THE SOURCE OF THE DAT A DESCRIBED IN ITEM (II) OF THIS 31
ITEM; AND 32 SENATE BILL 936 19
(2) AN OPPORTUNITY TO : 1
(I) CORRECT ANY INCORRECT PERSONAL DATA THAT T HE 2
HIGH–RISK ARTIFICIAL INTE LLIGENCE SYSTEM PROC ESSED IN MAKING , OR USED AS 3
A SUBSTANTIAL FACTOR IN MAKING, THE ADVERSE CONSEQUENTIA L DECISION; AND 4
(II) APPEAL THE ADVERSE CONSEQUENTIA L DECISION , 5
ALLOWING FOR HUMAN REVIEW UNL ESS PROVIDING THIS OPPORTUNITY : 6
1. IS NOT IN THE BEST INTER EST OF THE CONSUMER ; OR 7
2. MAY CAUSE A DELAY THAT POSES A RISK TO THE LIFE 8
OR SAFETY OF THE CONSUMER . 9
(F) THE DEPLOYER SHALL PR OVIDE THE INFORMATION REQUIRED UNDER 10
SUBSECTION (E) OF THIS SUBSECTION : 11
(1) DIRECTLY TO THE CONSUMER ; 12
(2) IN PLAIN LANGUAGE THAT IS TRANSLATED T O ANY LANGUAGES IN 13
WHICH THE DEPLOYER, IN THE ORDINARY COUR SE OF SUCH DEPLOYER ’S BUSINESS, 14
PROVIDES CONTRACTS , DISCLAIMERS, SALE ANNOUNCEMENTS , AND ANY OTHER 15
INFORMATION TO CONSU MERS; AND 16
(3) IN A FORMAT THAT IS ACC ESSIBLE TO CONSUMERS WITH 17
DISABILITIES. 18
14–47A–05. 19
(A) THE REQUIREMENTS OF T HIS SUBTITLE MAY NOT BE CONSTRUED TO 20
RESTRICT A DEVELOPER ’S, A DEPLOYER’S, OR ANOTHER PERSON ’S ABILITY TO: 21
(1) COMPLY WITH FEDERAL , STATE, OR LOCAL LAW; 22
(2) COMPLY WITH A CIVIL , CRIMINAL, OR REGULATORY INQUIR Y, AN 23
INVESTIGATION , OR A SUBPOENA OR SUMMONS BY A FEDERAL, STATE, LOCAL, OR 24
OTHER GOVERNMENTAL A UTHORITY; 25
(3) COOPERATE WITH A LAW ENFORCEMENT AGENCY C ONCERNING 26
CONDUCT OR ACTIVITY THAT THE DEVELOPER , DEPLOYER, OR OTHER PERSON 27
REASONABLY AND IN GO OD FAITH BELIEVES MA Y VIOLATE FEDERAL , STATE, OR 28
LOCAL LAW; 29 20 SENATE BILL 936
(4) INVESTIGATE, ESTABLISH, EXERCISE, PREPARE FOR , OR DEFEND 1
A LEGAL CLAIM; 2
(5) TAKE IMMEDIATE STEPS TO PROTECT AN INTERE ST THAT IS 3
ESSENTIAL FOR THE LIF E OR PHYSICAL SAFETY OF A CONSUMER OR ANO THER 4
INDIVIDUAL; 5
(6) (I) BY ANY MEANS OTHER TH AN FACIAL RECOGNITIO N 6
TECHNOLOGY , PREVENT, DETECT, PROTECT AGAINST , OR RESPOND TO : 7
1. A SECURITY INCIDENT ; 8
2. A MALICIOUS OR DECEPTI VE ACTIVITY; OR 9
3. IDENTITY THEFT , FRAUD, HARASSMENT , OR ANY 10
OTHER ILLEGAL ACTIVI TY; 11
(II) INVESTIGATE, REPORT, OR PROSECUTE THE PER SONS 12
RESPONSIBLE FOR ANY ACTION DESCRIBED IN ITEM (I) OF THIS ITEM; OR 13
(III) PRESERVE TH E INTEGRITY OR SECUR ITY OF SYSTEMS; 14
(7) ENGAGE IN PUBLIC OR P EER–REVIEWED SCIENTIFIC OR 15
STATISTICAL RESEARCH IN THE PUBLIC INTERE ST THAT: 16
(I) ADHERES TO ALL OTHER APPLICABLE ETHICS AN D PRIVACY 17
LAWS; AND 18
(II) IS APPROVED, MONITORED , AND GOVERNED BY AN 19
INSTITUTIONAL REVIEW BOARD OR SIMILAR INDEPENDE NT OVERSIGHT ENTITY 20
THAT DETERMINES : 21
1. WHETHER THE EXPECTED BENEFIT S OF THE 22
RESEARCH OUTWEIGH TH E RISKS ASSOCIATED W ITH THE RESEARCH ; AND 23
2. WHETHER THE DEVELOPER OR DEPLOYER HAS 24
IMPLEMENTED REASONABLE SAFEGUARD S TO MITIGATE THE RI SKS ASSOCIATED 25
WITH THE RESEARCH ; 26
(8) CONDUCT RESEARCH , TESTING, AND DEVELOPMENT ACTI VITIES 27
REGARDING AN ARTIFIC IAL INTELLIGENCE SYS TEM OR MODEL , OTHER THAN 28
TESTING CONDUCTED UN DER REAL–WORLD CONDITIONS , BEFORE AN ARTIFICIAL 29 SENATE BILL 936 21
INTELLIGENCE SYSTEM OR MODEL IS PLACED O N THE MARKET , DEPLOYED OR PUT 1
INTO SERVICE, AS APPLICABLE; 2
(9) EFFECTUATE A PRODUCT RECALL; 3
(10) IDENTIFY AND REPAIR T ECHNICAL ERRORS THAT IMPAIR 4
EXISTING OR INTENDED FUNCTIONALITY ; OR 5
(11) ASSIST ANOTHER DEVELO PER, DEPLOYER, OR PERSON WITH ANY 6
OF THE OBLIGATIONS I MPOSED UNDER THIS SUBTITLE. 7
(B) THE OBLIGATIONS IMPOS ED ON DEVELOPERS , DEPLOYERS, OR OTHER 8
PERSONS UNDER THIS SUBTITLE MAY NOT APPLY WHEN COMPLIANCE BY THE 9
DEVELOPER , DEPLOYER, OR OTHER PERSON WOULD V IOLATE AN EVIDENTIAR Y 10
PRIVILEGE UNDER THE LAWS OF THE STATE. 11
14–47A–06. 12
(A) A PERSON WHO VIOLATES THIS SUBTITLE IS SUBJECT TO A FINE NO T 13
EXCEEDING $1,000 AND, AS APPLICABLE , REASONABLE ATTORNEY ’S FEES, 14
EXPENSES, AND COSTS, AS DETERMINED BY THE COURT. 15
(B) A PERSON WHO WILLFULLY VIOLATES THIS SUBTITLE IS SUBJECT TO A 16
FINE OF AT LEAST $1,000 AND NOT EXCEEDING $10,000 AND, AS APPLICABLE , 17
REASONABLE ATTORNEY ’S FEES, EXPENSES, AND COSTS, AS DETERMINED BY THE 18
COURT. 19
(C) EACH VIOLATION OF THI S SUBTITLE IS A SEPARATE VIOLAT ION 20
SUBJECT TO THE CIVIL PENALTIES IMPOSED UN DER THIS SECTION . 21
14–47A–07. 22
(A) THE ATTORNEY GENERAL MAY ENFORCE THIS SUBTITLE. 23
(B) TO CARRY OUT THE REQU IREMENTS OF THIS SUBTITLE, THE ATTORNEY 24
GENERAL MAY: 25
(1) REQUIRE THAT A DEVELO PER DISCLOSE TO THE ATTORNEY 26
GENERAL: 27
(I) A STATEMENT OR DOCUMEN TATION DESCRIBED IN THIS 28
SUBTITLE RELEVANT TO AN INVES TIGATION CONDUCTED B Y THE ATTORNEY 29
GENERAL; AND 30 22 SENATE BILL 936
(II) A RISK MANAGEMENT POLI CY DESIGNED AND 1
IMPLEMENTED , AN IMPACT ASSESSMENT CO MPLETED, OR A RECORD MAINTAINED 2
UNDER THIS SUBTITLE RELEVANT TO AN INVES TIGATION CONDUCTED B Y THE 3
ATTORNEY GENERAL; 4
(2) SUBJECT TO SUBSECTION (C) OF THIS SECTION, INITIATE A CIVIL 5
ACTION AGAINST A PER SON THAT VIOLATES TH IS SUBTITLE; AND 6
(3) ADOPT REGULATIONS . 7
(C) (1) BEFORE BRINGING AN AC TION AGAINST A DEVEL OPER OR 8
DEPLOYER FOR A VIOLA TION OF THIS SUBTITLE, THE ATTORNEY GENERAL, IN 9
CONSULTATION WITH TH E DEVELOPER OR DEPLO YER, SHALL DETERMINE IF I T IS 10
POSSIBLE TO CURE THE VIOLATION. 11
(2) IF IT IS POSSIBLE TO CURE THE VIOLATION , THE ATTORNEY 12
GENERAL MAY ISSUE A N OTICE OF VIOLATION T O THE DEVELO PER OR DEPLOYER 13
AND AFFORD THE DEVEL OPER OR DEPLOYER THE OPPORTUNITY TO CURE THE 14
VIOLATION WITHIN 45 DAYS AFTER THE RECEIPT OF THE N OTICE OF VIOLATION . 15
(3) IN DETERMINING WHETHE R TO GRANT A DEVELOP ER OR 16
DEPLOYER AN OPPORTUN ITY TO CURE A VIOLAT ION, THE ATTORNEY GENERAL 17
SHALL CONSIDER : 18
(I) THE NUMBER OF VIOLATI ONS; 19
(II) THE SIZE AND COMPLEXI TY OF THE DEVELOPER OR 20
DEPLOYER; 21
(III) THE NATURE AND EXTENT OF THE DEVELOPER ’S OR 22
DEPLOYER’S BUSINESS; 23
(IV) WHETHER THERE IS A SUBSTANTIAL LIKELIHO OD OF 24
INJURY TO THE PUBLIC ; 25
(V) THE SAFETY OF PERSONS OR PROPERTY ; AND 26
(VI) WHETHER A VIOLATION W AS LIKELY CAUSED BY A HUMAN 27
OR TECHNICAL ERROR . 28
(4) IF A DEVELOPER OR DEP LOYER FAILS TO CURE A VIOLATION 29
WITHIN 45 DAYS AFTER THE RECEIPT OF A NOT ICE OF VIOLATION UND ER 30 SENATE BILL 936 23
PARAGRAPH (3) OF THIS SUBSECTION , THE ATTORNEY GENERAL MAY PROCEED 1
WITH THE ACTION. 2
(D) IN AN ACTION BROUGHT BY THE ATTORNEY GENERAL UNDER THIS 3
SECTION, IT IS AN AFFIRMATIVE DEFEN SE IF: 4
(1) A VIOLATION OF ANY PRO VISION OF THIS SUBTITLE IS 5
DISCOVERED THROUGH RED –TEAMING, WHICH IS ADVERSARIAL TESTING 6
CONDUCTED FOR THE PU RPOSE OF: 7
(I) IDENTIFYING T HE POTENTIAL ADVERSE BEHAVIORS OR 8
OUTCOMES OF AN ARTIF ICIAL INTELLIGENCE S YSTEM; 9
(II) IDENTIFYING HOW THE BEHAVIORS OR OUTCOMES OCCUR ; 10
AND 11
(III) STRESS TEST ING THE SAFEGUARDS AGAIN ST THE 12
BEHAVIORS OR OUTCOME S; AND 13
(2) NOT LATER THAN 45 DAYS AFTER DISCOVERI NG A VIOLATION 14
UNDER ITEM (1) OF THIS SUBSECTION , THE DEVELOPER OR DEP LOYER: 15
(I) CURES THE VIOLATION; 16
(II) PROVIDES NOTICE TO TH E ATTORNEY GENERAL IN A FORM 17
AND MANNER PRESCRIBE D BY THE ATTORNEY GENERAL THAT THE VIOLATION HAS 18
BEEN CURED AND EVIDENCE THAT AN Y HARM CAUSED BY SUC H VIOLATION HAS 19
BEEN MITIGATED ; AND 20
(III) IS OTHERWISE IN COMPLIANCE WITH THE REQUIREMENT S 21
OF THIS SUBTITLE. 22
14–47A–08. 23
A CONSUMER MAY BRING A CIVIL ACTION AGAINST A DEPLOYER IF: 24
(1) THE CONSUMER INITIALL Y FILED A TIMELY ADM INISTRATIVE 25
CHARGE OR COMPLAINT UNDER FEDERAL , STATE, OR LOCAL LAW ALLEGIN G A 26
DISCRIMINATORY ACT B Y THE DEPLOYER AS A RESULT OF A CONSEQUENTIAL 27
DECISION ABOUT THE CONSUMER T HAT IS MADE BY A HIGH –RISK ARTIFICIAL 28
INTELLIGENCE SYSTEM OF THE DEPLOYER ; 29
24 SENATE BILL 936
(2) AT LEAST 180 DAYS HAVE ELAPSED SI NCE THE DATE OF FILI NG OF 1
THE ADMINISTRATIVE C OMPLAINT; AND 2
(3) THE CIVIL ACTION IS F ILED NOT MORE THAN 2 YEARS AFTER THE 3
OCCURRENCE OF THE AL LEGED DISCRIMINATORY ACT. 4
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 5
the application of any provision of this Act to any person or circumstance is held invalid for 6
any reason in a court of competent jurisdiction, the invalidity does not affect other 7
provisions or any other application of this Act that can be given effect without the invalid 8
provision or application, and for this purpose the provisions of this Act are declared 9
severable. 10
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2025. 12