WHAT THIS BILL REGULATES · 6 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) 1 If a person knows or reasonably should know that a communication includes a deepfakedeepfake"deepfake" means an image, audio recording, or video recording of an individual's appearance, conduct, or spoken words that has been created or manipulated with machine learning, natural language processing, or another computational processing technique of similar or greater complexity in a manner to create a realistic but false image, audio, or video that (1) appears to a reasonable person to depict a real individual saying or doing something that did not actually occur; or (2) provides a fundamentally different understanding or impression of an individual's appearance, conduct, or spoken words than the understanding a reasonable person would have from an unaltered, original version of the media.AS 15.13.093(b) depicting a candidate or political party in a manner intended to injure the reputation of the candidate or party or otherwise deceive a voter, the person shall include the following statement with the communication: "This communication has been manipulated or generated by artificial intelligenceartificial intelligence"artificial intelligence" means an automated system that uses data input, human-defined objectives, and machine learning, natural language processing, or other computational processing techniques of similar or greater complexity to make a decision or facilitate human decision making;AS 44.99.760(1)." In a communication that includes an audio component, the statement must be read in a manner that is easily heard. If the communication includes a print or video component, the statement must be placed in the communication so the statement is easily discernible, and, for a broadcast, cable, satellite, Internet, or other digital communication, the statement must remain onscreen throughout the entirety of the communication.
(b) In this section, "deepfakedeepfake"deepfake" means an image, audio recording, or video recording of an individual's appearance, conduct, or spoken words that has been created or manipulated with machine learning, natural language processing, or another computational processing technique of similar or greater complexity in a manner to create a realistic but false image, audio, or video that (1) appears to a reasonable person to depict a real individual saying or doing something that did not actually occur; or (2) provides a fundamentally different understanding or impression of an individual's appearance, conduct, or spoken words than the understanding a reasonable person would have from an unaltered, original version of the media.AS 15.13.093(b)" means an image, audio recording, or video recording of an individualindividual"individual" means a natural person;AS 44.99.760(7)'s appearance, conduct, or spoken words that has been created or manipulated with machine learning, natural language processing, or another computational processing technique of similar or greater complexity in a manner to create a realistic but false image, audio, or video that (1) appears to a reasonable person to depict a real individualindividual"individual" means a natural person;AS 44.99.760(7) saying or doing something that did not actually occur; or (2) provides a fundamentally different understanding or impression of an individualindividual"individual" means a natural person;AS 44.99.760(7)'s appearance, conduct, or spoken words than the understanding a reasonable person would have from an unaltered, original version of the media.
This section requires any person who knows or reasonably should know that a campaign communication contains a deepfake depicting a candidate or political party — where the deepfake is intended to injure reputation or deceive voters — to include a prescribed disclosure statement: "This communication has been manipulated or generated by artificial intelligence." The disclosure must be adapted to the medium: easily heard for audio, easily discernible in print or video, and on-screen for the entirety of a digital broadcast.
The definition of deepfake is broad, covering AI-created or AI-manipulated images, audio, or video that would mislead a reasonable person into believing a real individual said or did something they did not, or that materially alters the impression of the individual's conduct or words.
(a) 2 Every two years, the departmentdepartment"department" means the Department of Administration;AS 44.99.760(5) shall conduct an inventory of all systems used by state agencies that employ artificial intelligenceartificial intelligence"artificial intelligence" means an automated system that uses data input, human-defined objectives, and machine learning, natural language processing, or other computational processing techniques of similar or greater complexity to make a decision or facilitate human decision making;AS 44.99.760(1) for consequential decisionsconsequential decision"consequential decision" means a conclusion, decision, or judgment by a state agency that can have a legal or significant effect on an individual;AS 44.99.760(4). Each state agencystate agency"state agency" means the University of Alaska, a public corporation of the state, or a department, institution, board, commission, division, authority, committee, or other administrative unit of the executive branch of state government.AS 44.99.760(10) shall assist the departmentdepartment"department" means the Department of Administration;AS 44.99.760(5) as necessary. An inventory must include, at a minimum, the following information for each system: (1) the name of the system; (2) the vendor that provides the system, if any; (3) a description of the general capabilities and uses of the system; and (4) whether the state agencystate agency"state agency" means the University of Alaska, a public corporation of the state, or a department, institution, board, commission, division, authority, committee, or other administrative unit of the executive branch of state government.AS 44.99.760(10) completed an impact assessment of the system under AS 44.99.710 before the system's implementation.
(b) 2 Upon completion, the departmentdepartment"department" means the Department of Administration;AS 44.99.760(5) shall publish each inventory on the departmentdepartment"department" means the Department of Administration;AS 44.99.760(5)'s Internet website.
This section requires the Department of Administration to conduct a biennial inventory of all AI systems used by state agencies for consequential decisions. The inventory must document each system's name, vendor, general capabilities and uses, and whether a pre-implementation impact assessment was completed. State agencies must assist the department as necessary, and the completed inventory must be published on the department's website.
(a) 3 At least once every two years, the head of a state agencystate agency"state agency" means the University of Alaska, a public corporation of the state, or a department, institution, board, commission, division, authority, committee, or other administrative unit of the executive branch of state government.AS 44.99.760(10) that uses a system that employs artificial intelligenceartificial intelligence"artificial intelligence" means an automated system that uses data input, human-defined objectives, and machine learning, natural language processing, or other computational processing techniques of similar or greater complexity to make a decision or facilitate human decision making;AS 44.99.760(1) for consequential decisionsconsequential decision"consequential decision" means a conclusion, decision, or judgment by a state agency that can have a legal or significant effect on an individual;AS 44.99.760(4) shall conduct an impact assessment of the system. An impact assessment must include, at a minimum, an analysis of (1) the efficacy of the system; (2) the human oversight involved in the system; (3) the accountability mechanisms in place for the system; (4) the process by which an individualindividual"individual" means a natural person;AS 44.99.760(7) may appeal a decision made or facilitated by the system; (5) the current and potential benefits, liability, and risks to the state from the system, including risks related to cybersecurity and intellectual property and any measures used to mitigate liability and risks; (6) the current and potential effects of the system on the liberty, finances, livelihood, and privacy interests of individualsindividual"individual" means a natural person;AS 44.99.760(7) in the state, including effects from any use of geolocation data by the system; (7) any unlawful discrimination against or unlawful disparate impact on an individualindividual"individual" means a natural person;AS 44.99.760(7) or a group of individualsindividual"individual" means a natural person;AS 44.99.760(7) that has resulted or may result from the system; and (8) the policies and procedures that govern the process of using the system for consequential decisionsconsequential decision"consequential decision" means a conclusion, decision, or judgment by a state agency that can have a legal or significant effect on an individual;AS 44.99.760(4).
(b) 3 Upon completion, the state agencystate agency"state agency" means the University of Alaska, a public corporation of the state, or a department, institution, board, commission, division, authority, committee, or other administrative unit of the executive branch of state government.AS 44.99.760(10) that conducts the impact assessment shall provide the assessment to the departmentdepartment"department" means the Department of Administration;AS 44.99.760(5). Upon receiving an assessment, the departmentdepartment"department" means the Department of Administration;AS 44.99.760(5) shall publish the assessment on the departmentdepartment"department" means the Department of Administration;AS 44.99.760(5)'s Internet website.
This section requires the head of each state agency using an AI system for consequential decisions to conduct a biennial impact assessment. The assessment must cover eight mandatory dimensions: system efficacy, human oversight, accountability mechanisms, individual appeal processes, benefits and risks to the state (including cybersecurity and IP), effects on individual liberty, finances, livelihood, and privacy (including geolocation data use), any resulting or potential unlawful discrimination or disparate impact, and governing policies and procedures. Completed assessments must be provided to the Department of Administration and published on the department's website.
(a)(1) 4 A state agencystate agency"state agency" means the University of Alaska, a public corporation of the state, or a department, institution, board, commission, division, authority, committee, or other administrative unit of the executive branch of state government.AS 44.99.760(10) that uses a system that employs artificial intelligenceartificial intelligence"artificial intelligence" means an automated system that uses data input, human-defined objectives, and machine learning, natural language processing, or other computational processing techniques of similar or greater complexity to make a decision or facilitate human decision making;AS 44.99.760(1) for consequential decisionsconsequential decision"consequential decision" means a conclusion, decision, or judgment by a state agency that can have a legal or significant effect on an individual;AS 44.99.760(4) shall notify each individualindividual"individual" means a natural person;AS 44.99.760(7) who may be legally or significantly affected by the use of the system;
(a)(2) 5 obtain an individualindividual"individual" means a natural person;AS 44.99.760(7)'s consent before soliciting or acquiring sensitive personal datasensitive personal data"sensitive personal data" means (A) data that reveals an individual's racial or ethnic origin, political opinions, or religious or philosophical beliefs; (B) an individual's genetic data; (C) an individual's biometric data when used for biometric identification; or (D) an individual's geolocation data;AS 44.99.760(8) about the individualindividual"individual" means a natural person;AS 44.99.760(7) that will be used by the system;
(a)(3) 6 provide an appeals process that includes manual human review for an individualindividual"individual" means a natural person;AS 44.99.760(7) who is legally or significantly affected by the use of the system;
(a)(4) 7 inform a prospective employee of the state agencystate agency"state agency" means the University of Alaska, a public corporation of the state, or a department, institution, board, commission, division, authority, committee, or other administrative unit of the executive branch of state government.AS 44.99.760(10) about any video interview that involves the use of artificial intelligenceartificial intelligence"artificial intelligence" means an automated system that uses data input, human-defined objectives, and machine learning, natural language processing, or other computational processing techniques of similar or greater complexity to make a decision or facilitate human decision making;AS 44.99.760(1) and obtain the prospective employee's consent before employing artificial intelligenceartificial intelligence"artificial intelligence" means an automated system that uses data input, human-defined objectives, and machine learning, natural language processing, or other computational processing techniques of similar or greater complexity to make a decision or facilitate human decision making;AS 44.99.760(1).
(b) 8 A state agencystate agency"state agency" means the University of Alaska, a public corporation of the state, or a department, institution, board, commission, division, authority, committee, or other administrative unit of the executive branch of state government.AS 44.99.760(10) may not use a system that employs artificial intelligenceartificial intelligence"artificial intelligence" means an automated system that uses data input, human-defined objectives, and machine learning, natural language processing, or other computational processing techniques of similar or greater complexity to make a decision or facilitate human decision making;AS 44.99.760(1) for consequential decisionsconsequential decision"consequential decision" means a conclusion, decision, or judgment by a state agency that can have a legal or significant effect on an individual;AS 44.99.760(4) if the system involves (1) biometric identificationbiometric identification"biometric identification" means the analysis of an individual's physical or behavioral characteristics to uniquely identify the individual;AS 44.99.760(2), including facial recognition; (2) emotion recognitionemotion recognition"emotion recognition" means the analysis of an individual's bodily expressions, including facial and verbal expressions, to identify or predict the individual's emotions;AS 44.99.760(6); (3) cognitive behavioral manipulation of individualsindividual"individual" means a natural person;AS 44.99.760(7) or groups; or (4) social scoringsocial scoring"social scoring" means evaluating, classifying, rating, or scoring the trustworthiness or social standing of an individual based on behavior or socioeconomic, political, or religious status;AS 44.99.760(9).
(c) 9 A state agencystate agency"state agency" means the University of Alaska, a public corporation of the state, or a department, institution, board, commission, division, authority, committee, or other administrative unit of the executive branch of state government.AS 44.99.760(10) may not use a system that employs artificial intelligenceartificial intelligence"artificial intelligence" means an automated system that uses data input, human-defined objectives, and machine learning, natural language processing, or other computational processing techniques of similar or greater complexity to make a decision or facilitate human decision making;AS 44.99.760(1) for consequential decisionsconsequential decision"consequential decision" means a conclusion, decision, or judgment by a state agency that can have a legal or significant effect on an individual;AS 44.99.760(4) if the system uses data hosted in (1) the People's Republic of China, including the Hong Kong Special Administrative Region and Macao Special Administrative Region; (2) the Republic of Cuba; (3) the Islamic Republic of Iran; (4) the Democratic People's Republic of Korea; (5) the Russian Federation; or (6) the Bolivarian Republic of Venezuela under the regime of Nicolás Maduro Moros.
(d) 10 A state agencystate agency"state agency" means the University of Alaska, a public corporation of the state, or a department, institution, board, commission, division, authority, committee, or other administrative unit of the executive branch of state government.AS 44.99.760(10) may contract with a person for a system that employs artificial intelligenceartificial intelligence"artificial intelligence" means an automated system that uses data input, human-defined objectives, and machine learning, natural language processing, or other computational processing techniques of similar or greater complexity to make a decision or facilitate human decision making;AS 44.99.760(1) for consequential decisionsconsequential decision"consequential decision" means a conclusion, decision, or judgment by a state agency that can have a legal or significant effect on an individual;AS 44.99.760(4) only if the person has implemented multi-factor authentication to secure the system and data stored by the system.
This section imposes four affirmative obligations and three categorical prohibitions on state agency use of AI for consequential decisions. Agencies must notify affected individuals, obtain consent before collecting sensitive personal data, provide a human-review appeal process, and inform prospective employees about AI use in video interviews and obtain their consent. The prohibitions categorically bar state agency AI systems involving biometric identification, emotion recognition, cognitive behavioral manipulation, or social scoring. A separate data-hosting restriction prohibits AI systems that use data hosted in six designated adversary nations. Finally, a cybersecurity procurement standard requires vendors to have implemented multi-factor authentication.
11 Unless required by law, a state agencystate agency"state agency" means the University of Alaska, a public corporation of the state, or a department, institution, board, commission, division, authority, committee, or other administrative unit of the executive branch of state government.AS 44.99.760(10) may not transfer data about an individualindividual"individual" means a natural person;AS 44.99.760(7) to another state agencystate agency"state agency" means the University of Alaska, a public corporation of the state, or a department, institution, board, commission, division, authority, committee, or other administrative unit of the executive branch of state government.AS 44.99.760(10) without the individualindividual"individual" means a natural person;AS 44.99.760(7)'s consent.
This section prohibits state agencies from transferring data about an individual to another state agency without the individual's consent, unless the transfer is required by law. This is a standalone inter-agency data-sharing restriction that applies broadly to all data about individuals, not limited to AI contexts, though it is codified within the AI article.
(a) 12 The departmentdepartment"department" means the Department of Administration;AS 44.99.760(5) shall adopt regulations under AS 44.62 (Administrative Procedure Act) concerning the development, procurement, implementation, use, and ongoing assessment of systems that employ artificial intelligenceartificial intelligence"artificial intelligence" means an automated system that uses data input, human-defined objectives, and machine learning, natural language processing, or other computational processing techniques of similar or greater complexity to make a decision or facilitate human decision making;AS 44.99.760(1) by state agencies for consequential decisionsconsequential decision"consequential decision" means a conclusion, decision, or judgment by a state agency that can have a legal or significant effect on an individual;AS 44.99.760(4). The regulations must include, at a minimum, provisions that (1) govern the procurement, implementation, and ongoing assessment of each system; (2) require a state agencystate agency"state agency" means the University of Alaska, a public corporation of the state, or a department, institution, board, commission, division, authority, committee, or other administrative unit of the executive branch of state government.AS 44.99.760(10) to conduct an impact assessment of each system under AS 44.99.710 before its implementation; (3) ensure that a system does not result in unlawful discrimination or an unlawful disparate impact on an individualindividual"individual" means a natural person;AS 44.99.760(7) or a group of individualsindividual"individual" means a natural person;AS 44.99.760(7); and (4) provide for the ongoing assessment of each system.
(b) The departmentdepartment"department" means the Department of Administration;AS 44.99.760(5) may adopt additional regulations under AS 44.62 (Administrative Procedure Act) necessary to implement AS 44.99.700 - 44.99.730.
This section directs the Department of Administration to adopt regulations under the Administrative Procedure Act governing the development, procurement, implementation, use, and ongoing assessment of state agency AI systems for consequential decisions. Regulations must at minimum address procurement and implementation governance, pre-implementation impact assessments, non-discrimination safeguards, and ongoing assessment. The department may adopt additional regulations as needed to implement the article.
(a) An individualindividual"individual" means a natural person;AS 44.99.760(7) who suffers harm as a result of a violation of AS 44.99.700 - 44.99.730, a violation of a regulation adopted under AS 44.99.740, or gross negligence or reckless or intentional misconduct relating to the use of artificial intelligenceartificial intelligence"artificial intelligence" means an automated system that uses data input, human-defined objectives, and machine learning, natural language processing, or other computational processing techniques of similar or greater complexity to make a decision or facilitate human decision making;AS 44.99.760(1) by a state agencystate agency"state agency" means the University of Alaska, a public corporation of the state, or a department, institution, board, commission, division, authority, committee, or other administrative unit of the executive branch of state government.AS 44.99.760(10) or state employee may bring a civil action in the superior court against the state or state employee.
(b) An individualindividual"individual" means a natural person;AS 44.99.760(7) who suffers harm under (a) of this section may recover damages for the harm to the individualindividual"individual" means a natural person;AS 44.99.760(7), punitive damages under AS 09.17.020, and full reasonable attorney fees and costs in a civil action brought under this section.
This section creates a private right of action for individuals harmed by violations of the state agency AI provisions (AS 44.99.700–44.99.730), violations of regulations adopted under AS 44.99.740, or gross negligence, reckless, or intentional misconduct relating to government AI use. Actions may be brought in superior court against the state or state employees. Available remedies include actual damages, punitive damages under AS 09.17.020, and full reasonable attorney fees and costs.
(1)–(10) In AS 44.99.700 - 44.99.760, (1) "artificial intelligenceartificial intelligence"artificial intelligence" means an automated system that uses data input, human-defined objectives, and machine learning, natural language processing, or other computational processing techniques of similar or greater complexity to make a decision or facilitate human decision making;AS 44.99.760(1)" means an automated system that uses data input, human-defined objectives, and machine learning, natural language processing, or other computational processing techniques of similar or greater complexity to make a decision or facilitate human decision making; (2) "biometric identificationbiometric identification"biometric identification" means the analysis of an individual's physical or behavioral characteristics to uniquely identify the individual;AS 44.99.760(2)" means the analysis of an individualindividual"individual" means a natural person;AS 44.99.760(7)'s physical or behavioral characteristics to uniquely identify the individualindividual"individual" means a natural person;AS 44.99.760(7); (3) "cognitive behavioral manipulationcognitive behavioral manipulation"cognitive behavioral manipulation" means the use of a subliminal technique for the purpose of influencing an individual's behavior to achieve a desired outcome;AS 44.99.760(3)" means the use of a subliminal technique for the purpose of influencing an individualindividual"individual" means a natural person;AS 44.99.760(7)'s behavior to achieve a desired outcome; (4) "consequential decisionconsequential decision"consequential decision" means a conclusion, decision, or judgment by a state agency that can have a legal or significant effect on an individual;AS 44.99.760(4)" means a conclusion, decision, or judgment by a state agencystate agency"state agency" means the University of Alaska, a public corporation of the state, or a department, institution, board, commission, division, authority, committee, or other administrative unit of the executive branch of state government.AS 44.99.760(10) that can have a legal or significant effect on an individualindividual"individual" means a natural person;AS 44.99.760(7); (5) "departmentdepartment"department" means the Department of Administration;AS 44.99.760(5)" means the Department of Administration; (6) "emotion recognitionemotion recognition"emotion recognition" means the analysis of an individual's bodily expressions, including facial and verbal expressions, to identify or predict the individual's emotions;AS 44.99.760(6)" means the analysis of an individualindividual"individual" means a natural person;AS 44.99.760(7)'s bodily expressions, including facial and verbal expressions, to identify or predict the individualindividual"individual" means a natural person;AS 44.99.760(7)'s emotions; (7) "individualindividual"individual" means a natural person;AS 44.99.760(7)" means a natural person; (8) "sensitive personal datasensitive personal data"sensitive personal data" means (A) data that reveals an individual's racial or ethnic origin, political opinions, or religious or philosophical beliefs; (B) an individual's genetic data; (C) an individual's biometric data when used for biometric identification; or (D) an individual's geolocation data;AS 44.99.760(8)" means (A) data that reveals an individualindividual"individual" means a natural person;AS 44.99.760(7)'s racial or ethnic origin, political opinions, or religious or philosophical beliefs; (B) an individualindividual"individual" means a natural person;AS 44.99.760(7)'s genetic data; (C) an individualindividual"individual" means a natural person;AS 44.99.760(7)'s biometric data when used for biometric identificationbiometric identification"biometric identification" means the analysis of an individual's physical or behavioral characteristics to uniquely identify the individual;AS 44.99.760(2); or (D) an individualindividual"individual" means a natural person;AS 44.99.760(7)'s geolocation data; (9) "social scoringsocial scoring"social scoring" means evaluating, classifying, rating, or scoring the trustworthiness or social standing of an individual based on behavior or socioeconomic, political, or religious status;AS 44.99.760(9)" means evaluating, classifying, rating, or scoring the trustworthiness or social standing of an individualindividual"individual" means a natural person;AS 44.99.760(7) based on behavior or socioeconomic, political, or religious status; (10) "state agencystate agency"state agency" means the University of Alaska, a public corporation of the state, or a department, institution, board, commission, division, authority, committee, or other administrative unit of the executive branch of state government.AS 44.99.760(10)" means the University of Alaska, a public corporation of the state, or a departmentdepartment"department" means the Department of Administration;AS 44.99.760(5), institution, board, commission, division, authority, committee, or other administrative unit of the executive branch of state government.
This section provides definitions for all key terms used in the state agency AI article (AS 44.99.700–44.99.760), including artificial intelligence, biometric identification, cognitive behavioral manipulation, consequential decision, department, emotion recognition, individual, sensitive personal data, social scoring, and state agency. These definitions scope the article's obligations to executive-branch agencies (including the University of Alaska) and to AI systems used for decisions with legal or significant effects on individuals.