WHAT THIS BILL REGULATES · 4 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
I "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine-based system that, through machine learning, neural networks, or other adaptive algorithmic techniques, is capable of learning from data, improving performance, or making autonomous decisions or predictions. This term excludes classical statistical tools, rule-based expert systems, deterministic algorithms, and control systems without adaptive or autonomous features.RSA 359-V:1, I" means any machine-based system that, through machine learning, neural networks, or other adaptive algorithmic techniques, is capable of learning from data, improving performance, or making autonomous decisions or predictions. This term excludes classical statistical tools, rule-based expert systems, deterministic algorithms, and control systems without adaptive or autonomous features.
II "Biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.RSA 359-V:1, II" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.
III "CouncilCouncil"Council" means the New Hampshire artificial intelligence council established pursuant to this chapter.RSA 359-V:1, III" means the New Hampshire artificial intelligence councilCouncil"Council" means the New Hampshire artificial intelligence council established pursuant to this chapter.RSA 359-V:1, III established pursuant to this chapter.
IV "ConsumerConsumer"Consumer" means an individual residing in this state acting in an individual or household context.RSA 359-V:1, IV" means an individual residing in this state acting in an individual or household context.
This section establishes the four defined terms used throughout the chapter. Artificial intelligence system is defined broadly to cover any machine-based system using machine learning, neural networks, or adaptive algorithmic techniques, with explicit carve-outs for classical statistical tools, rule-based expert systems, deterministic algorithms, and control systems without adaptive features. Consumer is limited to New Hampshire residents acting in an individual or household context.
I This chapter shall apply to any person, business, or governmental entity conducting business in New Hampshire, offering products or services to state residents, or developing or deploying artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" means any machine-based system that, through machine learning, neural networks, or other adaptive algorithmic techniques, is capable of learning from data, improving performance, or making autonomous decisions or predictions. This term excludes classical statistical tools, rule-based expert systems, deterministic algorithms, and control systems without adaptive or autonomous features.RSA 359-V:1, I in this state.
II This chapter supersedes and preempts any ordinance, regulation, or rule adopted by a political subdivision regarding the use of artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" means any machine-based system that, through machine learning, neural networks, or other adaptive algorithmic techniques, is capable of learning from data, improving performance, or making autonomous decisions or predictions. This term excludes classical statistical tools, rule-based expert systems, deterministic algorithms, and control systems without adaptive or autonomous features.RSA 359-V:1, I, unless expressly authorized by state law.
This section defines the scope of the chapter's applicability and establishes state preemption of local AI regulation. The chapter applies to any person, business, or governmental entity that conducts business in New Hampshire, offers products or services to state residents, or develops or deploys AI systems in the state — a broad jurisdictional hook. Subsection II expressly preempts any local ordinance, regulation, or rule regarding AI use unless expressly authorized by state law, centralizing AI regulation at the state level.
I There is established the New Hampshire artificial intelligence councilCouncil"Council" means the New Hampshire artificial intelligence council established pursuant to this chapter.RSA 359-V:1, III, administratively attached to the department of information technology.
II The councilCouncil"Council" means the New Hampshire artificial intelligence council established pursuant to this chapter.RSA 359-V:1, III shall include 7 members: 3 appointed by the governor, 2 by the senate president, and 2 by the speaker of the house. All members shall have demonstrated expertise in artificial intelligence, ethics, data privacy, public policy, or related fields.
III The councilCouncil"Council" means the New Hampshire artificial intelligence council established pursuant to this chapter.RSA 359-V:1, III shall advise the state on ethical and transparent development, deployment, and oversight of artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" means any machine-based system that, through machine learning, neural networks, or other adaptive algorithmic techniques, is capable of learning from data, improving performance, or making autonomous decisions or predictions. This term excludes classical statistical tools, rule-based expert systems, deterministic algorithms, and control systems without adaptive or autonomous features.RSA 359-V:1, I, including annually reporting to the governor and legislature.
This section establishes the New Hampshire Artificial Intelligence Council, a 7-member advisory body administratively attached to the Department of Information Technology. Members are appointed by the governor (3), senate president (2), and speaker of the house (2), all with demonstrated expertise in AI, ethics, data privacy, public policy, or related fields. The council's mandate is advisory: it advises the state on ethical and transparent AI development, deployment, and oversight and reports annually to the governor and legislature. The section does not impose compliance obligations on private entities.
I(a) 1 State agencies and any person subject to this chapter shall: (a) Provide clear and conspicuous disclosure to consumersConsumer"Consumer" means an individual residing in this state acting in an individual or household context.RSA 359-V:1, IV when interacting with an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine-based system that, through machine learning, neural networks, or other adaptive algorithmic techniques, is capable of learning from data, improving performance, or making autonomous decisions or predictions. This term excludes classical statistical tools, rule-based expert systems, deterministic algorithms, and control systems without adaptive or autonomous features.RSA 359-V:1, I, including in health care contexts except in emergencies, in which case notice shall be provided as soon as practicable.
I(b) 2 Not develop or deploy an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine-based system that, through machine learning, neural networks, or other adaptive algorithmic techniques, is capable of learning from data, improving performance, or making autonomous decisions or predictions. This term excludes classical statistical tools, rule-based expert systems, deterministic algorithms, and control systems without adaptive or autonomous features.RSA 359-V:1, I with the intent to unlawfully discriminate against protected classes under state or federal law. Disparate impact alone is insufficient to demonstrate intent.
I(c) 3 Not develop or deploy an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine-based system that, through machine learning, neural networks, or other adaptive algorithmic techniques, is capable of learning from data, improving performance, or making autonomous decisions or predictions. This term excludes classical statistical tools, rule-based expert systems, deterministic algorithms, and control systems without adaptive or autonomous features.RSA 359-V:1, I for the purpose of social scoring, manipulation aimed at causing self-harm or criminal acts, or infringing rights under the United States or New Hampshire constitutions.
II 4 Governmental entities shall not deploy artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" means any machine-based system that, through machine learning, neural networks, or other adaptive algorithmic techniques, is capable of learning from data, improving performance, or making autonomous decisions or predictions. This term excludes classical statistical tools, rule-based expert systems, deterministic algorithms, and control systems without adaptive or autonomous features.RSA 359-V:1, I for the purpose of uniquely identifying individuals using biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.RSA 359-V:1, II or collecting biometric data from publicly available sources without valid consent, unless otherwise permitted for security, law enforcement, or fraud prevention.
This section contains the bill's core substantive obligations. Subsection I(a) requires clear and conspicuous disclosure to consumers when they are interacting with an AI system, including in healthcare contexts (with an emergency exception allowing post-hoc notice). Subsection I(b) prohibits developing or deploying AI systems with the intent to unlawfully discriminate against protected classes, with an express statement that disparate impact alone does not demonstrate intent — a notably lighter standard than most peer-state AI bills. Subsection I(c) categorically prohibits AI systems designed for social scoring, manipulation aimed at causing self-harm or criminal acts, or infringement of constitutional rights.
Subsection II imposes a separate restriction on governmental entities: they may not use AI for biometric identification or biometric data collection from publicly available sources without valid consent, subject to exceptions for security, law enforcement, and fraud prevention.
I There is established an artificial intelligence regulatory sandbox program, administered by the department of information technology in consultation with the councilCouncil"Council" means the New Hampshire artificial intelligence council established pursuant to this chapter.RSA 359-V:1, III.
II 5 The sandbox enables approved participants to test innovative artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" means any machine-based system that, through machine learning, neural networks, or other adaptive algorithmic techniques, is capable of learning from data, improving performance, or making autonomous decisions or predictions. This term excludes classical statistical tools, rule-based expert systems, deterministic algorithms, and control systems without adaptive or autonomous features.RSA 359-V:1, I on a limited basis for up to 36 months, subject to oversight and quarterly reporting requirements. No waiver is permitted for prohibitions under RSA 359-V:4.
III The department may recommend participants be removed from the program for undue risk to public safety or violations of applicable laws.
This section establishes an AI regulatory sandbox program administered by the Department of Information Technology in consultation with the AI Council. Approved participants may test innovative AI systems on a limited basis for up to 36 months, subject to oversight and quarterly reporting. The section expressly states that the prohibitions under RSA 359-V:4 (discrimination, social scoring, manipulation, biometric identification) may not be waived within the sandbox. The department may remove participants for undue risk to public safety or violations of applicable laws.
I The attorney general shall have exclusive authority to enforce this chapter.
II Upon determination of a violation, the attorney general shall provide written notice, allowing 60 days for cure. Civil penalties for uncured violations may be imposed up to $200,000 per violation, and for continuing violations, up to $40,000 per day. Enhanced penalties apply for systematic or egregious conduct.
III No private right of action is created by this chapter.
This section vests exclusive enforcement authority in the attorney general. Upon determining a violation, the attorney general must provide written notice and a 60-day cure period before imposing civil penalties. Penalties may reach $200,000 per violation for uncured violations and $40,000 per day for continuing violations, with enhanced penalties for systematic or egregious conduct. The section expressly states that no private right of action is created.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application.
Standard severability clause providing that if any provision of the chapter is held invalid, the remaining provisions remain in effect.