(1)–(4) The Legislature finds and declares: (1) Artificial intelligence has great potential to vastly improve the lives of all Nebraskans by accelerating our economic growth and contributing to scientific research; (2) Experts within the artificial intelligence industry have warned that artificial intelligence could pose grave and catastrophic risksCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3), and the State of Nebraska has a strong interest in understanding how the largest artificial intelligence companies are assessing and mitigating such risks; (3) Recent events have illuminated the potential for artificial intelligence systems to pose serious risks to minorsMinorMinor means an individual younger than eighteen years of age;Sec. 3(15) interacting with such systems; and (4) It is the intent of the Legislature to create more transparency around artificial intelligence, but collective safety will depend in part on large frontier developersLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) taking due care proportional to the scale of the foreseeable risks.

(1)–(19) For purposes of the Transparency in Artificial Intelligence Risk Management Act: (1) AffiliateAffiliateAffiliate means a person controlling, controlled by, or under common control with, a specified person, directly or indirectly, through one or more intermediaries;Sec. 3(1) means a person controlling, controlled by, or under common control with, a specified person, directly or indirectly, through one or more intermediaries; (2) Artificial intelligence modelArtificial intelligence modelArtificial intelligence model means an engineered or machine based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments;Sec. 3(2) means an engineered or machine based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments; (3)(a) Catastrophic riskCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3) means a foreseeable and material risk that a frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11)'s development, storage, use, or deployment of a frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) or user. (b) Catastrophic riskCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3) does not include a foreseeable and material risk from any of the following: (i) Information that a frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation modelFoundation modelFoundation model means an artificial intelligence model that is all of the following: (a) Trained on a broad data set; (b) Designed for generality of output; and (c) Adaptable to a wide range of distinctive tasks;Sec. 3(10); (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) in combination with other software if the frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) did not materially contribute to the harm; (4) Child safety incidentChild safety incidentChild safety incident means a covered chatbot engaging in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly cause death or bodily injury to such minor or damage the mental health of such minor in a way that constitutes severe emotional distress;Sec. 3(4) means a covered chatbotCovered chatbotCovered chatbot means a service that: (a) Allows an ordinary person to have conversations in which human like responses are generated by a foundation model; (b) Is foreseeably likely to be accessed by minors; and (c) Has at least one million active users monthly;Sec. 3(6) engaging in behavior when interacting with a minorMinorMinor means an individual younger than eighteen years of age;Sec. 3(15) that, if it had been engaged in by a human, would be deemed to intentionally or recklessly cause death or bodily injury to such minorMinorMinor means an individual younger than eighteen years of age;Sec. 3(15) or damage the mental health of such minorMinorMinor means an individual younger than eighteen years of age;Sec. 3(15) in a way that constitutes severe emotional distress; (5) Child safety riskChild safety riskChild safety risk means a material and foreseeable risk that a covered chatbot will engage in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly do any of the following: (a) Cause death or bodily injury to such minor, including as a result of self-harm; or (b) Cause damage to the mental health of such minor that constitutes severe emotional distress;Sec. 3(5) means a material and foreseeable risk that a covered chatbotCovered chatbotCovered chatbot means a service that: (a) Allows an ordinary person to have conversations in which human like responses are generated by a foundation model; (b) Is foreseeably likely to be accessed by minors; and (c) Has at least one million active users monthly;Sec. 3(6) will engage in behavior when interacting with a minorMinorMinor means an individual younger than eighteen years of age;Sec. 3(15) that, if it had been engaged in by a human, would be deemed to intentionally or recklessly do any of the following: (a) Cause death or bodily injury to such minorMinorMinor means an individual younger than eighteen years of age;Sec. 3(15), including as a result of self-harm; or (b) Cause damage to the mental health of such minorMinorMinor means an individual younger than eighteen years of age;Sec. 3(15) that constitutes severe emotional distress; (6) Covered chatbotCovered chatbotCovered chatbot means a service that: (a) Allows an ordinary person to have conversations in which human like responses are generated by a foundation model; (b) Is foreseeably likely to be accessed by minors; and (c) Has at least one million active users monthly;Sec. 3(6) means a service that: (a) Allows an ordinary person to have conversations in which human like responses are generated by a foundation modelFoundation modelFoundation model means an artificial intelligence model that is all of the following: (a) Trained on a broad data set; (b) Designed for generality of output; and (c) Adaptable to a wide range of distinctive tasks;Sec. 3(10); (b) Is foreseeably likely to be accessed by minorsMinorMinor means an individual younger than eighteen years of age;Sec. 3(15); and (c) Has at least one million active users monthly; (7) Covered riskCovered riskCovered risk means a catastrophic risk or a child safety risk;Sec. 3(7) means a catastrophic riskCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3) or a child safety riskChild safety riskChild safety risk means a material and foreseeable risk that a covered chatbot will engage in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly do any of the following: (a) Cause death or bodily injury to such minor, including as a result of self-harm; or (b) Cause damage to the mental health of such minor that constitutes severe emotional distress;Sec. 3(5); (8) Critical safety incidentCritical safety incidentCritical safety incident means any of the following: (a) Unauthorized access to, modification of, inadvertent release of, or exfiltration of, the model weights of a frontier model; (b) The death of, or serious injury to, more than fifty people, or more than one billion dollars in damage to, or loss of, property resulting from the materialization of a catastrophic risk; (c) Loss of control of a frontier model that causes death, bodily injury, or that demonstrates materially increased catastrophic risk; or (d) A frontier model that uses deceptive techniques against the frontier developer to subvert the controls or monitoring of its frontier developer outside of the context of an evaluation designed to elicit this behavior and in a manner that demonstrates materially increased catastrophic risk;Sec. 3(8) means any of the following: (a) Unauthorized access to, modification of, inadvertent release of, or exfiltration of, the model weights of a frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12); (b) The death of, or serious injury to, more than fifty people, or more than one billion dollars in damage to, or loss of, property resulting from the materialization of a catastrophic riskCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3); (c) Loss of control of a frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) that causes death, bodily injury, or that demonstrates materially increased catastrophic riskCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3); or (d) A frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) that uses deceptive techniques against the frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) to subvert the controls or monitoring of its frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) outside of the context of an evaluation designed to elicit this behavior and in a manner that demonstrates materially increased catastrophic riskCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3); (9)(a) DeployDeploy(a) Deploy means to make a frontier model available to a third party for use, modification, copying, or combination with other software. (b) Deploy does not include making a frontier model available to a third party for the primary purpose of developing or evaluating the frontier model;Sec. 3(9) means to make a frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) available to a third party for use, modification, copying, or combination with other software. (b) DeployDeploy(a) Deploy means to make a frontier model available to a third party for use, modification, copying, or combination with other software. (b) Deploy does not include making a frontier model available to a third party for the primary purpose of developing or evaluating the frontier model;Sec. 3(9) does not include making a frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) available to a third party for the primary purpose of developing or evaluating the frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12); (10) Foundation modelFoundation modelFoundation model means an artificial intelligence model that is all of the following: (a) Trained on a broad data set; (b) Designed for generality of output; and (c) Adaptable to a wide range of distinctive tasks;Sec. 3(10) means an artificial intelligence modelArtificial intelligence modelArtificial intelligence model means an engineered or machine based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments;Sec. 3(2) that is all of the following: (a) Trained on a broad data set; (b) Designed for generality of output; and (c) Adaptable to a wide range of distinctive tasks; (11) Frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) means a person who has trained, or initiated the training of, a frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12), with respect to which the person has used, or intends to use, at least as much computing power to train the frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developersFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) under the act to the extent that such institutions are developing or using frontier modelsFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) with respect to that frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) on and after such transfer; (12) Frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) means a foundation modelFoundation modelFoundation model means an artificial intelligence model that is all of the following: (a) Trained on a broad data set; (b) Designed for generality of output; and (c) Adaptable to a wide range of distinctive tasks;Sec. 3(10) that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation modelFoundation modelFoundation model means an artificial intelligence model that is all of the following: (a) Trained on a broad data set; (b) Designed for generality of output; and (c) Adaptable to a wide range of distinctive tasks;Sec. 3(10); (13) Large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) means a person who makes a covered chatbotCovered chatbotCovered chatbot means a service that: (a) Allows an ordinary person to have conversations in which human like responses are generated by a foundation model; (b) Is foreseeably likely to be accessed by minors; and (c) Has at least one million active users monthly;Sec. 3(6) available in this state and who, together with its affiliatesAffiliateAffiliate means a person controlling, controlled by, or under common control with, a specified person, directly or indirectly, through one or more intermediaries;Sec. 3(1), collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act. (14) Large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) who together with its affiliatesAffiliateAffiliate means a person controlling, controlled by, or under common control with, a specified person, directly or indirectly, through one or more intermediaries;Sec. 3(1) had a collective annual revenue in the preceding calender year of five hundred million dollars or more; (15) MinorMinorMinor means an individual younger than eighteen years of age;Sec. 3(15) means an individual younger than eighteen years of age; (16) Model weightModel weightModel weight means a numerical parameter in a frontier model that is adjusted through training and that helps determine how inputs are transformed into outputs;Sec. 3(16) means a numerical parameter in a frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) that is adjusted through training and that helps determine how inputs are transformed into outputs; (17) Property means tangible or intangible property; (18) Public safety and child protection planPublic safety and child protection planPublic safety and child protection plan means a documented technical and organizational protocol to manage, assess, and mitigate covered risks;Sec. 3(18) means a documented technical and organizational protocol to manage, assess, and mitigate covered risksCovered riskCovered risk means a catastrophic risk or a child safety risk;Sec. 3(7); and (19) Safety incidentSafety incidentSafety incident means a child safety incident or a critical safety incident.Sec. 3(19) means a child safety incidentChild safety incidentChild safety incident means a covered chatbot engaging in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly cause death or bodily injury to such minor or damage the mental health of such minor in a way that constitutes severe emotional distress;Sec. 3(4) or a critical safety incidentCritical safety incidentCritical safety incident means any of the following: (a) Unauthorized access to, modification of, inadvertent release of, or exfiltration of, the model weights of a frontier model; (b) The death of, or serious injury to, more than fifty people, or more than one billion dollars in damage to, or loss of, property resulting from the materialization of a catastrophic risk; (c) Loss of control of a frontier model that causes death, bodily injury, or that demonstrates materially increased catastrophic risk; or (d) A frontier model that uses deceptive techniques against the frontier developer to subvert the controls or monitoring of its frontier developer outside of the context of an evaluation designed to elicit this behavior and in a manner that demonstrates materially increased catastrophic risk;Sec. 3(8).

(1)(a) 1 A large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) shall write, implement, comply with, and clearly and conspicuously publish on its website a public safety and child protection planPublic safety and child protection planPublic safety and child protection plan means a documented technical and organizational protocol to manage, assess, and mitigate covered risks;Sec. 3(18) that describes in detail: (a) For a large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14), how the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14): (i) Defines and assesses thresholds used by the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) to identify and assess whether a frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) has capabilities that could pose a catastrophic riskCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3), which may include multiple-tiered thresholds; (ii) Applies mitigations to address the potential for catastrophic risksCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3) based on the results of the assessments undertaken pursuant to subdivision (1)(a)(i) of this section; (iii) Reviews assessments of catastrophic riskCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3) and adequacy of mitigations of catastrophic riskCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3) as part of the decision to deployDeploy(a) Deploy means to make a frontier model available to a third party for use, modification, copying, or combination with other software. (b) Deploy does not include making a frontier model available to a third party for the primary purpose of developing or evaluating the frontier model;Sec. 3(9) a frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) or use it extensively internally; (iv) Uses third parties to assess the potential for catastrophic risksCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3) and the effectiveness of mitigations of catastrophic risksCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3); (v) Implements cybersecurity practices to secure unreleased frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) weights from unauthorized modification or transfer by internal or external parties; and (vi) Assesses and manages catastrophic riskCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3) resulting from the internal use of its frontier modelsFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12), including risks resulting from a frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) circumventing oversight mechanisms;

(1)(b) 2 For a large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13), how the large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13): (i) Assesses potential for child safety risksChild safety riskChild safety risk means a material and foreseeable risk that a covered chatbot will engage in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly do any of the following: (a) Cause death or bodily injury to such minor, including as a result of self-harm; or (b) Cause damage to the mental health of such minor that constitutes severe emotional distress;Sec. 3(5). (ii) Applies mitigations to address the potential for child safety risksChild safety riskChild safety risk means a material and foreseeable risk that a covered chatbot will engage in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly do any of the following: (a) Cause death or bodily injury to such minor, including as a result of self-harm; or (b) Cause damage to the mental health of such minor that constitutes severe emotional distress;Sec. 3(5) based on the results of the assessments undertaken pursuant to subdivision (1)(b)(i) of this section; and (iii) Uses third parties to assess the potential for child safety risksChild safety riskChild safety risk means a material and foreseeable risk that a covered chatbot will engage in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly do any of the following: (a) Cause death or bodily injury to such minor, including as a result of self-harm; or (b) Cause damage to the mental health of such minor that constitutes severe emotional distress;Sec. 3(5) and the effectiveness of mitigations of child safety risksChild safety riskChild safety risk means a material and foreseeable risk that a covered chatbot will engage in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly do any of the following: (a) Cause death or bodily injury to such minor, including as a result of self-harm; or (b) Cause damage to the mental health of such minor that constitutes severe emotional distress;Sec. 3(5);

(1)(c) 1 For both large frontier developersLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) and large chatbot providersLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13), how the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13): (i) Incorporates national standards, international standards, and industry-consensus best practices into its public safety and child protection planPublic safety and child protection planPublic safety and child protection plan means a documented technical and organizational protocol to manage, assess, and mitigate covered risks;Sec. 3(18); (ii) Revisits and updates the public safety and child protection planPublic safety and child protection planPublic safety and child protection plan means a documented technical and organizational protocol to manage, assess, and mitigate covered risks;Sec. 3(18), including any criteria that trigger updates and how such developer or provider determines when its foundation modelsFoundation modelFoundation model means an artificial intelligence model that is all of the following: (a) Trained on a broad data set; (b) Designed for generality of output; and (c) Adaptable to a wide range of distinctive tasks;Sec. 3(10) or frontier modelsFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) are substantially modified enough to require disclosures pursuant to subsection (3) or subsection (4) of this section; (iii) Identifies and responds to safety incidentsSafety incidentSafety incident means a child safety incident or a critical safety incident.Sec. 3(19); and (iv) Institutes internal governance practices to ensure implementation of its public safety and child protection planPublic safety and child protection planPublic safety and child protection plan means a documented technical and organizational protocol to manage, assess, and mitigate covered risks;Sec. 3(18).

(2) 3 If a large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) makes a material modification to its public safety and child protection planPublic safety and child protection planPublic safety and child protection plan means a documented technical and organizational protocol to manage, assess, and mitigate covered risks;Sec. 3(18), the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) shall clearly and conspicuously publish on such developer's or provider's website the modified public safety and child protection planPublic safety and child protection planPublic safety and child protection plan means a documented technical and organizational protocol to manage, assess, and mitigate covered risks;Sec. 3(18) and a justification for such modification within thirty days after such material modification.

(3) 4 Before, or concurrently with, integrating a new foundation modelFoundation modelFoundation model means an artificial intelligence model that is all of the following: (a) Trained on a broad data set; (b) Designed for generality of output; and (c) Adaptable to a wide range of distinctive tasks;Sec. 3(10), or a version of an existing foundation modelFoundation modelFoundation model means an artificial intelligence model that is all of the following: (a) Trained on a broad data set; (b) Designed for generality of output; and (c) Adaptable to a wide range of distinctive tasks;Sec. 3(10) that has been substantially modified, into a covered chatbotCovered chatbotCovered chatbot means a service that: (a) Allows an ordinary person to have conversations in which human like responses are generated by a foundation model; (b) Is foreseeably likely to be accessed by minors; and (c) Has at least one million active users monthly;Sec. 3(6) operated by the large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13), a large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) shall conspicuously publish on its website summaries of all of the following: (i) Assessments of child safety risksChild safety riskChild safety risk means a material and foreseeable risk that a covered chatbot will engage in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly do any of the following: (a) Cause death or bodily injury to such minor, including as a result of self-harm; or (b) Cause damage to the mental health of such minor that constitutes severe emotional distress;Sec. 3(5) conducted pursuant to the large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13)'s public safety and child protection planPublic safety and child protection planPublic safety and child protection plan means a documented technical and organizational protocol to manage, assess, and mitigate covered risks;Sec. 3(18); (ii) The results of such assessments; (iii) The extent to which third-party evaluators were involved in such assessments; and (iv) Other steps taken to fulfill the requirements of the public safety and child protection planPublic safety and child protection planPublic safety and child protection plan means a documented technical and organizational protocol to manage, assess, and mitigate covered risks;Sec. 3(18) with respect to child safety risksChild safety riskChild safety risk means a material and foreseeable risk that a covered chatbot will engage in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly do any of the following: (a) Cause death or bodily injury to such minor, including as a result of self-harm; or (b) Cause damage to the mental health of such minor that constitutes severe emotional distress;Sec. 3(5).

(4)(a)–(b) 5 Before, or concurrently with, deploying a new frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) or a version of an existing frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) that the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) has substantially modified, a large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) shall conspicuously publish on its website summaries of all of the following: (i) Assessments of catastrophic risksCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3) from the frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) conducted pursuant to the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14)'s public safety and child protection planPublic safety and child protection planPublic safety and child protection plan means a documented technical and organizational protocol to manage, assess, and mitigate covered risks;Sec. 3(18); (ii) The results of such assessments; (iii) The extent to which third-party evaluators were involved in such assessments; and (iv) Other steps taken to fulfill the requirements of the public safety and child protection planPublic safety and child protection planPublic safety and child protection plan means a documented technical and organizational protocol to manage, assess, and mitigate covered risks;Sec. 3(18) with respect to catastrophic risksCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3) from the frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12). (b) A large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) that publishes the information described in subdivision (5)(a) of this section as part of a larger document, including a system card or model card, shall be deemed in compliance with this subsection.

(5)(a)–(b) 6 A large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) shall not make a materially false or misleading statement or omission about covered risksCovered riskCovered risk means a catastrophic risk or a child safety risk;Sec. 3(7) from its activities or its management of covered risksCovered riskCovered risk means a catastrophic risk or a child safety risk;Sec. 3(7). (ii) A large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) shall not make a materially false or misleading statement or omission about its implementation of, or compliance with, its public safety and child protection planPublic safety and child protection planPublic safety and child protection plan means a documented technical and organizational protocol to manage, assess, and mitigate covered risks;Sec. 3(18). (b) Subdivision (5)(a) of this section does not apply to a statement that was made in good faith and was reasonable under the circumstances.

(6)(a)–(b) 7 When a large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) publishes documents to comply with this section, the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) may make redactions to those documents that are necessary to protect the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14)'s trade secrets, the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14)'s or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13)'s cybersecurity, public safety, or the national security of the United States or to comply with any federal or state law. (b) If a large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) redacts information in a document pursuant to subdivision (6)(a) of this section, the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) shall describe the character and justification of the redaction in any published version of the document to the extent permitted by the concerns that justify redaction and shall retain the unredacted information for five years.

(1) The Attorney General shall establish a mechanism to be used by a frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11), a large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13), or a member of the public to report a safety incidentSafety incidentSafety incident means a child safety incident or a critical safety incident.Sec. 3(19) that includes all of the following: (a) The date of the safety incidentSafety incidentSafety incident means a child safety incident or a critical safety incident.Sec. 3(19); (b) The reasons the incident qualifies as a safety incidentSafety incidentSafety incident means a child safety incident or a critical safety incident.Sec. 3(19); and (c) A short and plain statement describing the safety incidentSafety incidentSafety incident means a child safety incident or a critical safety incident.Sec. 3(19).

(2) 8 A frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) shall report any critical safety incidentCritical safety incidentCritical safety incident means any of the following: (a) Unauthorized access to, modification of, inadvertent release of, or exfiltration of, the model weights of a frontier model; (b) The death of, or serious injury to, more than fifty people, or more than one billion dollars in damage to, or loss of, property resulting from the materialization of a catastrophic risk; (c) Loss of control of a frontier model that causes death, bodily injury, or that demonstrates materially increased catastrophic risk; or (d) A frontier model that uses deceptive techniques against the frontier developer to subvert the controls or monitoring of its frontier developer outside of the context of an evaluation designed to elicit this behavior and in a manner that demonstrates materially increased catastrophic risk;Sec. 3(8) pertaining to one of its frontier modelsFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) to the Attorney General within fifteen days after discovering the critical safety incidentCritical safety incidentCritical safety incident means any of the following: (a) Unauthorized access to, modification of, inadvertent release of, or exfiltration of, the model weights of a frontier model; (b) The death of, or serious injury to, more than fifty people, or more than one billion dollars in damage to, or loss of, property resulting from the materialization of a catastrophic risk; (c) Loss of control of a frontier model that causes death, bodily injury, or that demonstrates materially increased catastrophic risk; or (d) A frontier model that uses deceptive techniques against the frontier developer to subvert the controls or monitoring of its frontier developer outside of the context of an evaluation designed to elicit this behavior and in a manner that demonstrates materially increased catastrophic risk;Sec. 3(8).

(3) 9 If a frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) discovers that a critical safety incidentCritical safety incidentCritical safety incident means any of the following: (a) Unauthorized access to, modification of, inadvertent release of, or exfiltration of, the model weights of a frontier model; (b) The death of, or serious injury to, more than fifty people, or more than one billion dollars in damage to, or loss of, property resulting from the materialization of a catastrophic risk; (c) Loss of control of a frontier model that causes death, bodily injury, or that demonstrates materially increased catastrophic risk; or (d) A frontier model that uses deceptive techniques against the frontier developer to subvert the controls or monitoring of its frontier developer outside of the context of an evaluation designed to elicit this behavior and in a manner that demonstrates materially increased catastrophic risk;Sec. 3(8) poses an imminent risk of death or serious physical injury, the frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) shall disclose that incident within twenty-four hours to an authority, including any law enforcement agency or public safety agency with jurisdiction, that is appropriate based on the nature of that incident and as required by law.

(4) 10 A large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) shall report any child safety incidentChild safety incidentChild safety incident means a covered chatbot engaging in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly cause death or bodily injury to such minor or damage the mental health of such minor in a way that constitutes severe emotional distress;Sec. 3(4) pertaining to one of its covered chatbotsCovered chatbotCovered chatbot means a service that: (a) Allows an ordinary person to have conversations in which human like responses are generated by a foundation model; (b) Is foreseeably likely to be accessed by minors; and (c) Has at least one million active users monthly;Sec. 3(6) to the Attorney General within fifteen days after discovering the child safety incidentChild safety incidentChild safety incident means a covered chatbot engaging in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly cause death or bodily injury to such minor or damage the mental health of such minor in a way that constitutes severe emotional distress;Sec. 3(4).

(5)–(6) 11 The Attorney General shall establish a mechanism to be used by a large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) to confidentially submit summaries of any assessments of the potential for catastrophic riskCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3) resulting from internal use of its frontier modelsFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12). (6) A large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) shall transmit to the Attorney General a summary of any assessment of catastrophic riskCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3) resulting from internal use of its frontier modelsFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) no less frequently than every three months.

(7)(a)–(b) The Attorney General may transmit reports of safety incidentsSafety incidentSafety incident means a child safety incident or a critical safety incident.Sec. 3(19), summaries of assessments of the potential for catastrophic riskCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3) from internal use, and reports from employees made pursuant to section 6 of this act to the Legislature, the Governor, the federal government, or appropriate state agencies. (b) The Attorney General shall strongly consider any risks related to trade secrets, public safety, cybersecurity of a frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13), or national security when transmitting reports.

(8)–(10) 12 The Attorney General may adopt and promulgate rules and regulations designating one or more federal laws, regulations, or guidance documents that meet all of the following conditions for the purposes of subsection (9) of this section: (a) The law, regulation, or guidance document imposes or states standards or requirements for safety incidentSafety incidentSafety incident means a child safety incident or a critical safety incident.Sec. 3(19) reporting that are substantially equivalent to, or stricter than, those required by this section for critical safety incidentsCritical safety incidentCritical safety incident means any of the following: (a) Unauthorized access to, modification of, inadvertent release of, or exfiltration of, the model weights of a frontier model; (b) The death of, or serious injury to, more than fifty people, or more than one billion dollars in damage to, or loss of, property resulting from the materialization of a catastrophic risk; (c) Loss of control of a frontier model that causes death, bodily injury, or that demonstrates materially increased catastrophic risk; or (d) A frontier model that uses deceptive techniques against the frontier developer to subvert the controls or monitoring of its frontier developer outside of the context of an evaluation designed to elicit this behavior and in a manner that demonstrates materially increased catastrophic risk;Sec. 3(8), child safety incidentsChild safety incidentChild safety incident means a covered chatbot engaging in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly cause death or bodily injury to such minor or damage the mental health of such minor in a way that constitutes severe emotional distress;Sec. 3(4), or both. A law, regulation, or guidance document may satisfy this subdivision even if it does not require safety incidentSafety incidentSafety incident means a child safety incident or a critical safety incident.Sec. 3(19) reporting to the State of Nebraska; and (b) The law, regulation, or guidance document is intended to assess, detect, or mitigate catastrophic riskCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3), child safety riskChild safety riskChild safety risk means a material and foreseeable risk that a covered chatbot will engage in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly do any of the following: (a) Cause death or bodily injury to such minor, including as a result of self-harm; or (b) Cause damage to the mental health of such minor that constitutes severe emotional distress;Sec. 3(5), or both. (9)(a) A frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) that intends to comply with all or part of this section by complying with the requirements of, or meeting the standards stated by, a federal law, regulation, or guidance document designated pursuant to subsection (8) of this section by the Attorney General shall declare its intent to do so to the Attorney General. (b) After a frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) has declared its intent pursuant to subdivision (9)(a) of this section, the following shall apply: (i) To the extent that such developer or provider meets the standards of, or complies with the requirements imposed or stated by, the designated federal law, regulation, or guidance document, such developer or provider shall be deemed in compliance with the obligations under this section pertaining to: (A) Critical safety incidentsCritical safety incidentCritical safety incident means any of the following: (a) Unauthorized access to, modification of, inadvertent release of, or exfiltration of, the model weights of a frontier model; (b) The death of, or serious injury to, more than fifty people, or more than one billion dollars in damage to, or loss of, property resulting from the materialization of a catastrophic risk; (c) Loss of control of a frontier model that causes death, bodily injury, or that demonstrates materially increased catastrophic risk; or (d) A frontier model that uses deceptive techniques against the frontier developer to subvert the controls or monitoring of its frontier developer outside of the context of an evaluation designed to elicit this behavior and in a manner that demonstrates materially increased catastrophic risk;Sec. 3(8), if such designated law, regulation, or document is intended to assess, detect, or mitigate catastrophic riskCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3); and (B) Child safety incidentsChild safety incidentChild safety incident means a covered chatbot engaging in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly cause death or bodily injury to such minor or damage the mental health of such minor in a way that constitutes severe emotional distress;Sec. 3(4), if such designated law, regulation, or document is intended to assess, detect, or mitigate child safety riskChild safety riskChild safety risk means a material and foreseeable risk that a covered chatbot will engage in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly do any of the following: (a) Cause death or bodily injury to such minor, including as a result of self-harm; or (b) Cause damage to the mental health of such minor that constitutes severe emotional distress;Sec. 3(5); and (ii) The failure by such developer or provider to meet the standards of, or comply with the requirements stated by, such designated law, regulation, or document, shall be considered a violation of the Transparency in Artificial Intelligence Risk Management Act. (c) Subdivision (9)(b) of this section shall not apply to a frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) to the extent that: (i) Such developer or provider makes a declaration of intent to the Attorney General to modify or revoke a declaration of intent under subdivision (9)(a) of this section; or (ii) The Attorney General revokes a rule or regulation pursuant to subsection (10) of this section. (10) The Attorney General shall revoke a rule or regulation adopted under or promulgated under subsection (8) of this section if the requirements of subsection (8) are no longer met.

(1)–(2) On or before January 1, 2027, and annually thereafter, the Attorney General shall assess recent evidence and developments relevant to the purposes of the Transparency in Artificial Intelligence Risk Management Act and may adopt and promulgate rules and regulations to update definitions for any of the following terms for the purposes of the act to ensure that such definitions accurately reflect technological developments, scientific literature, and widely accepted national and international standards: (a) Frontier modelFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12), so that such definition applies to foundation modelsFoundation modelFoundation model means an artificial intelligence model that is all of the following: (a) Trained on a broad data set; (b) Designed for generality of output; and (c) Adaptable to a wide range of distinctive tasks;Sec. 3(10) at the frontier of artificial intelligence development; (b) Frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11), so that such definition applies to developers of frontier modelsFrontier modelFrontier model means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating point operations, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. The quantity of computing power described in this subdivision shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model;Sec. 3(12) who are themselves at the frontier of artificial intelligence development; (c) Large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) so that such definition applies to well-resourced frontier developersFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11); and (d) Large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) so that such definition applies to well resourced companies developing covered chatbotsCovered chatbotCovered chatbot means a service that: (a) Allows an ordinary person to have conversations in which human like responses are generated by a foundation model; (b) Is foreseeably likely to be accessed by minors; and (c) Has at least one million active users monthly;Sec. 3(6) that may pose child safety risksChild safety riskChild safety risk means a material and foreseeable risk that a covered chatbot will engage in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly do any of the following: (a) Cause death or bodily injury to such minor, including as a result of self-harm; or (b) Cause damage to the mental health of such minor that constitutes severe emotional distress;Sec. 3(5). (2) In adopting and promulgating rules and regulations pursuant to this section, the Attorney General shall take into account all of the following: (a) Similar thresholds used in international standards or federal law, guidance, or regulations for the management of catastrophic risksCatastrophic risk(a) Catastrophic risk means a foreseeable and material risk that a frontier developer's development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than fifty people or more than one billion dollars in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (i) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon; (ii) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by deception; or (iii) Evading the control of its frontier developer or user. (b) Catastrophic risk does not include a foreseeable and material risk from any of the following: (i) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model; (ii) Lawful activity of the federal government; or (iii) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm;Sec. 3(3) or child safety risksChild safety riskChild safety risk means a material and foreseeable risk that a covered chatbot will engage in behavior when interacting with a minor that, if it had been engaged in by a human, would be deemed to intentionally or recklessly do any of the following: (a) Cause death or bodily injury to such minor, including as a result of self-harm; or (b) Cause damage to the mental health of such minor that constitutes severe emotional distress;Sec. 3(5). The Attorney General shall align any updated definition with a definition adopted in a federal law or regulation to the extent that it is consistent with the purposes of the Transparency in Artificial Intelligence Risk Management Act; (b) Input from stakeholders, such as academic and technology industry professionals, the open-source community, and governmental entities; (c) The extent to which a person will be able to determine, before beginning to train or deployDeploy(a) Deploy means to make a frontier model available to a third party for use, modification, copying, or combination with other software. (b) Deploy does not include making a frontier model available to a third party for the primary purpose of developing or evaluating the frontier model;Sec. 3(9) a foundation modelFoundation modelFoundation model means an artificial intelligence model that is all of the following: (a) Trained on a broad data set; (b) Designed for generality of output; and (c) Adaptable to a wide range of distinctive tasks;Sec. 3(10), whether that person will be subject to the definition as a frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) or as a large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) with an aim toward allowing earlier determinations if possible; (d) The complexity of determining whether a person or foundation modelFoundation modelFoundation model means an artificial intelligence model that is all of the following: (a) Trained on a broad data set; (b) Designed for generality of output; and (c) Adaptable to a wide range of distinctive tasks;Sec. 3(10) is covered, with an aim toward allowing simpler determinations if possible; (e) The external verifiability of determining whether a person or foundation modelFoundation modelFoundation model means an artificial intelligence model that is all of the following: (a) Trained on a broad data set; (b) Designed for generality of output; and (c) Adaptable to a wide range of distinctive tasks;Sec. 3(10) is covered, with an aim toward definitions that are verifiable by parties other than the frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11); and (f) Thresholds used by other states in similar laws.

(1)–(2) 13 For purposes of this section: (a) Adverse action means the discharge of an employee, a threat against an employee, or any other act against an employee that negatively affects the employee's employment; (b) Applicant means a prospective employee applying for employment; and (c) Employee means an individual employed by a large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13). (2) A frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) shall not take adverse action against or otherwise penalize an employee for disclosing information to the Attorney General, a federal authority, a person with authority over the employee, or another employee who has authority to investigate, discover, or correct the reported issue, if the employee has reasonable cause to believe that the information discloses either of the following: (a) The frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11)'s or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13)'s activities pose a specific and substantial danger to the public health or safety or to the health or safety of a minorMinorMinor means an individual younger than eighteen years of age;Sec. 3(15); or (b) The frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) has violated the Transparency in Artificial Intelligence Risk Management Act.

(3) 14 A frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) shall not require an employee or applicant to waive or limit any protection granted under this section as a condition of continued employment or of applying for or receiving an offer of employment. Any agreement to waive any right or protection under the act is against the public policy of this state and is void and unenforceable.

(4) 13 A frontier developerFrontier developerFrontier developer means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (12) of this section, except as otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act. Accredited postsecondary educational institutions shall not be considered frontier developers under the act to the extent that such institutions are developing or using frontier models exclusively for academic research purposes. If a person subsequently transfers full intellectual property rights of a frontier model to another person, including the right to resell the model, and retains none of those rights for themself, then the receiving person shall be considered the frontier developer with respect to that frontier model on and after such transfer;Sec. 3(11) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) shall not retaliate, discriminate or take adverse action against an employee or applicant because the employee or applicant testifies, assists, or participates in an investigation, proceeding, or action concerning a violation of the Transparency in Artificial Intelligence Risk Management Act.

(5)(a)–(b) 15 A large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) shall provide a reasonable internal process through which an employee may anonymously disclose information to the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) if the employee believes in good faith that the information indicates that the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14)'s activities (i) pose a specific and substantial threat to the public health or safety or to the health or safety of a minorMinorMinor means an individual younger than eighteen years of age;Sec. 3(15) or (b) that the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) or large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) has violated the Transparency in Artificial Intelligence Risk Management Act. Such internal process shall include providing a monthly update to the person who made the disclosure regarding the status of the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14)'s investigation of the disclosure and the actions taken by the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) in response to the disclosure. Except as provided in subdivision (ii) of this subsection, the disclosures and responses of the process required by this subdivision shall be shared with officers and directors of the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) at least once each quarter. (b) If an employee has alleged wrongdoing by an officer or director of the large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) in a disclosure or response, subdivision (a) of this subsection shall not apply with respect to that officer or director.

(6) Upon violation of this section, an aggrieved employee or applicant may, in addition to any other available remedy, institute a civil action within one year after the date of the alleged violation or the discovery of the alleged violation, whichever is later. The employee or applicant shall file an action directly in the district court of the county where such alleged violation occurred. The district court shall file and try such case as any other civil action, and any successful complainant shall be entitled to appropriate relief, including temporary or permanent injunctive relief, general and special damages, and reasonable attorney's fees and court costs.

(1)–(2) The Attorney General may bring an action to enforce the Transparency in Artificial Intelligence Risk Management Act. A large frontier developerLarge frontier developerLarge frontier developer means, unless otherwise provided by rules and regulations adopted and promulgated pursuant to section 6 of this act, a frontier developer who together with its affiliates had a collective annual revenue in the preceding calender year of five hundred million dollars or more;Sec. 3(14) that violates the act shall be subject to a civil penalty in an amount dependent upon the severity of the violation that does not exceed one million dollars per violation. A large chatbot providerLarge chatbot providerLarge chatbot provider means a person who makes a covered chatbot available in this state and who, together with its affiliates, collectively had an annual revenue in the preceding calendar year of twenty-five million dollars or more, except as otherwise specified by rules and regulations adopted and promulgated pursuant to section 6 of this act.Sec. 3(13) that violates the act shall be subject to a civil penalty in an amount dependent upon the severity of the violation that does not exceed fifty thousand dollars per violation. (2) Any penalties collected under this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.

The duties and obligations imposed by the Transparency in Artificial Intelligence Risk Management Act are cumulative with any other duties or obligations imposed under other law and shall not be construed to relieve any party from any duties or obligations imposed under another law and do not limit any rights or remedies under existing law.

The Juvenile Mental Health Support Fund is created. The fund shall be administered by the Department of Health and Human Services and shall be used for the programming and facilities associated with providing juvenile mental health services. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

(30) A notification or summary of assessment submitted under section 5 of this act or a disclosure made pursuant to section 7 of this act.

This act becomes operative on January 1, 2027.

If any section in this act or any part of any section is declared invalid or unconstitutional, the declaration shall not affect the validity or constitutionality of the remaining portions.

Original section 84-712.05, Reissue Revised Statutes of Nebraska, is repealed.