WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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.
Sections 1 through 3 of this act may be cited as the "Government UseUse"use" means to operate an artificial intelligence system or to contract with a third party to operate an artificial intelligence system to automate, aid, replace or support a decision-making process that would otherwise be made by an agency or to make recommendations to an agency.Section 2(I) of Artificial IntelligenceArtificial intelligence"artificial intelligence" means any technology, including machine learning, that uses data to train an algorithm or predictive model for the purpose of enabling a computer system or service to autonomously perform a task, including visual perception, language processing or speech recognition, that is normally associated with human intelligence or perception;Section 2(C) TransparencyTransparency"transparency" means the disclosure of the methodology of a system, including the types and sources of data the system uses, how data is collected, weighted and combined and the methodology employed to correct errors, improve outcomes or otherwise modify the system.Section 13-1-200(B) Act".
Establishes the short title of the act as the "Government Use of Artificial Intelligence Transparency Act." This section creates no compliance obligations.
(A)–(I) As used in the Government UseUse"use" means to operate an artificial intelligence system or to contract with a third party to operate an artificial intelligence system to automate, aid, replace or support a decision-making process that would otherwise be made by an agency or to make recommendations to an agency.Section 2(I) of Artificial IntelligenceArtificial intelligence"artificial intelligence" means any technology, including machine learning, that uses data to train an algorithm or predictive model for the purpose of enabling a computer system or service to autonomously perform a task, including visual perception, language processing or speech recognition, that is normally associated with human intelligence or perception;Section 2(C) TransparencyTransparency"transparency" means the disclosure of the methodology of a system, including the types and sources of data the system uses, how data is collected, weighted and combined and the methodology employed to correct errors, improve outcomes or otherwise modify the system.Section 13-1-200(B) Act: A. "agencyAgency"agency", unless otherwise specified, means executive cabinet departments and their administratively attached agencies, contractors, offices, boards, commissions and employees with decision-making authority;Section 2(A)", unless otherwise specified, means executive cabinet departmentsDepartment"department", unless otherwise specified, means the general services department;Section 2(H) and their administratively attached agencies, contractors, offices, boards, commissions and employees with decision-making authority; B. "algorithmAlgorithm"algorithm" means a computerized procedure consisting of a set of steps to accomplish a determined task;Section 2(B)" means a computerized procedure consisting of a set of steps to accomplish a determined task; C. "artificial intelligenceArtificial intelligence"artificial intelligence" means any technology, including machine learning, that uses data to train an algorithm or predictive model for the purpose of enabling a computer system or service to autonomously perform a task, including visual perception, language processing or speech recognition, that is normally associated with human intelligence or perception;Section 2(C)" means any technology, including machine learning, that usesUse"use" means to operate an artificial intelligence system or to contract with a third party to operate an artificial intelligence system to automate, aid, replace or support a decision-making process that would otherwise be made by an agency or to make recommendations to an agency.Section 2(I) data to train an algorithmAlgorithm"algorithm" means a computerized procedure consisting of a set of steps to accomplish a determined task;Section 2(B) or predictive model for the purpose of enabling a computer system or service to autonomously perform a task, including visual perception, language processing or speech recognition, that is normally associated with human intelligence or perception; D. "artificial intelligence systemArtificial intelligence system"artificial intelligence system" means an application, a data system, hardware, software, a tool or a utility that operates in whole or in part by using artificial intelligence;Section 2(D)" means an application, a data system, hardware, software, a tool or a utility that operates in whole or in part by using artificial intelligenceArtificial intelligence"artificial intelligence" means any technology, including machine learning, that uses data to train an algorithm or predictive model for the purpose of enabling a computer system or service to autonomously perform a task, including visual perception, language processing or speech recognition, that is normally associated with human intelligence or perception;Section 2(C); E. "assessmentAssessment"assessment" means a structured assessment of an artificial intelligence system to determine whether the system's outcomes and methods align with the objectives, standards and legal requirements of the agency using the system. "Assessment" includes a thorough examination of a system's design, data and outputs and specifically assesses: (1) how the system produces outputs, including the types and sources of data the system uses and how the system's data is collected, weighted and combined; (2) whether the system's outputs are accurate, including the accuracy of predictions of behavior; and (3) whether the system's outputs exhibit bias;Section 2(E)" means a structured assessment of an artificial intelligence systemArtificial intelligence system"artificial intelligence system" means an application, a data system, hardware, software, a tool or a utility that operates in whole or in part by using artificial intelligence;Section 2(D) to determine whether the system's outcomes and methods align with the objectives, standards and legal requirements of the agencyAgency"agency", unless otherwise specified, means executive cabinet departments and their administratively attached agencies, contractors, offices, boards, commissions and employees with decision-making authority;Section 2(A) using the system. "AssessmentAssessment"assessment" means a structured assessment of an artificial intelligence system to determine whether the system's outcomes and methods align with the objectives, standards and legal requirements of the agency using the system. "Assessment" includes a thorough examination of a system's design, data and outputs and specifically assesses: (1) how the system produces outputs, including the types and sources of data the system uses and how the system's data is collected, weighted and combined; (2) whether the system's outputs are accurate, including the accuracy of predictions of behavior; and (3) whether the system's outputs exhibit bias;Section 2(E)" includes a thorough examination of a system's design, data and outputs and specifically assesses: (1) how the system produces outputs, including the types and sources of data the system usesUse"use" means to operate an artificial intelligence system or to contract with a third party to operate an artificial intelligence system to automate, aid, replace or support a decision-making process that would otherwise be made by an agency or to make recommendations to an agency.Section 2(I) and how the system's data is collected, weighted and combined; (2) whether the system's outputs are accurate, including the accuracy of predictions of behavior; and (3) whether the system's outputs exhibit biasBias"bias" means consequential decision results that may constitute an unlawful discriminatory practice pursuant to Section 28-1-7 NMSA 1978;Section 2(F); F. "biasBias"bias" means consequential decision results that may constitute an unlawful discriminatory practice pursuant to Section 28-1-7 NMSA 1978;Section 2(F)" means consequential decisionConsequential decision"consequential decision" means a decision by an agency regarding: (1) the denial, eligibility, provision, withholding of or access to government benefits, opportunities or services for a person; or (2) the imposition of punitive actions on a person;Section 2(G) results that may constitute an unlawful discriminatory practice pursuant to Section 28-1-7 NMSA 1978; G. "consequential decisionConsequential decision"consequential decision" means a decision by an agency regarding: (1) the denial, eligibility, provision, withholding of or access to government benefits, opportunities or services for a person; or (2) the imposition of punitive actions on a person;Section 2(G)" means a decision by an agencyAgency"agency", unless otherwise specified, means executive cabinet departments and their administratively attached agencies, contractors, offices, boards, commissions and employees with decision-making authority;Section 2(A) regarding: (1) the denial, eligibility, provision, withholding of or access to government benefits, opportunities or services for a person; or (2) the imposition of punitive actions on a person; H. "departmentDepartment"department", unless otherwise specified, means the general services department;Section 2(H)", unless otherwise specified, means the general services departmentDepartment"department", unless otherwise specified, means the general services department;Section 2(H); and I. "useUse"use" means to operate an artificial intelligence system or to contract with a third party to operate an artificial intelligence system to automate, aid, replace or support a decision-making process that would otherwise be made by an agency or to make recommendations to an agency.Section 2(I)" means to operate an artificial intelligence systemArtificial intelligence system"artificial intelligence system" means an application, a data system, hardware, software, a tool or a utility that operates in whole or in part by using artificial intelligence;Section 2(D) or to contract with a third party to operate an artificial intelligence systemArtificial intelligence system"artificial intelligence system" means an application, a data system, hardware, software, a tool or a utility that operates in whole or in part by using artificial intelligence;Section 2(D) to automate, aid, replace or support a decision-making process that would otherwise be made by an agencyAgency"agency", unless otherwise specified, means executive cabinet departments and their administratively attached agencies, contractors, offices, boards, commissions and employees with decision-making authority;Section 2(A) or to make recommendations to an agencyAgency"agency", unless otherwise specified, means executive cabinet departments and their administratively attached agencies, contractors, offices, boards, commissions and employees with decision-making authority;Section 2(A).
Defines the key terms used throughout the Act, including agency (limited to executive cabinet departments and their attached entities), artificial intelligence system, assessment, bias, and consequential decision. The definition of bias is notably tied to the New Mexico Human Rights Act (Section 28-1-7 NMSA 1978), grounding the bias assessment obligation in existing anti-discrimination law. The definition of use encompasses both direct operation and contracting with a third party to operate an AI system.
(A) 1 On or before October 1, 2024, and on or before October 1 of each subsequent year, each agencyAgency"agency", unless otherwise specified, means executive cabinet departments and their administratively attached agencies, contractors, offices, boards, commissions and employees with decision-making authority;Section 2(A) shall submit an inventory to the department of the agencyAgency"agency", unless otherwise specified, means executive cabinet departments and their administratively attached agencies, contractors, offices, boards, commissions and employees with decision-making authority;Section 2(A)'s artificial intelligence systemsArtificial intelligence system"artificial intelligence system" means an application, a data system, hardware, software, a tool or a utility that operates in whole or in part by using artificial intelligence;Section 2(D). An inventory shall include the following information for each artificial intelligence systemArtificial intelligence system"artificial intelligence system" means an application, a data system, hardware, software, a tool or a utility that operates in whole or in part by using artificial intelligence;Section 2(D): (1) the name of the system and the vendor, if any, that provided the system; (2) a description of the general capabilities and uses of the system; (3) whether the system was used to independently make, inform or materially support a consequential decisionConsequential decision"consequential decision" means a decision by an agency regarding: (1) the denial, eligibility, provision, withholding of or access to government benefits, opportunities or services for a person; or (2) the imposition of punitive actions on a person;Section 2(G); and (4) whether the system was assessed using local data and the source of other data used for assessmentAssessment"assessment" means a structured assessment of an artificial intelligence system to determine whether the system's outcomes and methods align with the objectives, standards and legal requirements of the agency using the system. "Assessment" includes a thorough examination of a system's design, data and outputs and specifically assesses: (1) how the system produces outputs, including the types and sources of data the system uses and how the system's data is collected, weighted and combined; (2) whether the system's outputs are accurate, including the accuracy of predictions of behavior; and (3) whether the system's outputs exhibit bias;Section 2(E).
(B) 2 On or before January 1, 2025, and on or before November 1 of each succeeding year, the departmentDepartment"department", unless otherwise specified, means the general services department;Section 2(H) shall provide an aggregate inventory report that includes all information collected pursuant to Subsection A of this section of all agencyAgency"agency", unless otherwise specified, means executive cabinet departments and their administratively attached agencies, contractors, offices, boards, commissions and employees with decision-making authority;Section 2(A) artificial intelligence systemsArtificial intelligence system"artificial intelligence system" means an application, a data system, hardware, software, a tool or a utility that operates in whole or in part by using artificial intelligence;Section 2(D) to the governor, the legislative finance committee and the appropriate legislative interim committee that focuses on science and technology. DepartmentDepartment"department", unless otherwise specified, means the general services department;Section 2(H) inventory reports made after January 1, 2025 shall include the results of the assessmentsAssessment"assessment" means a structured assessment of an artificial intelligence system to determine whether the system's outcomes and methods align with the objectives, standards and legal requirements of the agency using the system. "Assessment" includes a thorough examination of a system's design, data and outputs and specifically assesses: (1) how the system produces outputs, including the types and sources of data the system uses and how the system's data is collected, weighted and combined; (2) whether the system's outputs are accurate, including the accuracy of predictions of behavior; and (3) whether the system's outputs exhibit bias;Section 2(E) conducted pursuant to Subsection C of this section.
(C) 3 On or before July 1, 2025, the departmentDepartment"department", unless otherwise specified, means the general services department;Section 2(H) shall conduct an assessment of each artificial intelligence systemArtificial intelligence system"artificial intelligence system" means an application, a data system, hardware, software, a tool or a utility that operates in whole or in part by using artificial intelligence;Section 2(D) used by an agencyAgency"agency", unless otherwise specified, means executive cabinet departments and their administratively attached agencies, contractors, offices, boards, commissions and employees with decision-making authority;Section 2(A) and shall reassess the systems and assess each new system on or before July 1 of each subsequent year.
This section contains the Act's three core operational obligations. First, each agency must annually submit an inventory of its AI systems to the General Services Department, including system names, vendors, capabilities, whether the system was used for consequential decisions, and data sources used in assessment. Second, the Department must compile and publish an aggregate inventory report to the governor and designated legislative committees, incorporating assessment results after the first year. Third, the Department must conduct a structured assessment of every agency AI system — evaluating output methodology, accuracy, and bias — on an annual cycle beginning July 1, 2025.
Section 13-1-28 NMSA 1978 (being Laws 1984, Chapter 65, Section 1, as amended) is amended to read: "13-1-28. SHORT TITLE.--Sections 13-1-28 through 13-1-200 NMSA 1978 may be cited as the 'Procurement Code'."
A technical amendment extending the Procurement Code's short title section reference from 13-1-199 to 13-1-200 NMSA 1978 to accommodate the new AI procurement transparency section. Creates no substantive compliance obligation.
(A) 4 A contract for procurement of a physical or software technology product or service subject to inventory or assessmentAssessment"assessment" means a structured assessment of an artificial intelligence system to determine whether the system's outcomes and methods align with the objectives, standards and legal requirements of the agency using the system. "Assessment" includes a thorough examination of a system's design, data and outputs and specifically assesses: (1) how the system produces outputs, including the types and sources of data the system uses and how the system's data is collected, weighted and combined; (2) whether the system's outputs are accurate, including the accuracy of predictions of behavior; and (3) whether the system's outputs exhibit bias;Section 2(E) pursuant to the Government UseUse"use" means to operate an artificial intelligence system or to contract with a third party to operate an artificial intelligence system to automate, aid, replace or support a decision-making process that would otherwise be made by an agency or to make recommendations to an agency.Section 2(I) of Artificial IntelligenceArtificial intelligence"artificial intelligence" means any technology, including machine learning, that uses data to train an algorithm or predictive model for the purpose of enabling a computer system or service to autonomously perform a task, including visual perception, language processing or speech recognition, that is normally associated with human intelligence or perception;Section 2(C) TransparencyTransparency"transparency" means the disclosure of the methodology of a system, including the types and sources of data the system uses, how data is collected, weighted and combined and the methodology employed to correct errors, improve outcomes or otherwise modify the system.Section 13-1-200(B) Act shall include a requirement for transparencyTransparency"transparency" means the disclosure of the methodology of a system, including the types and sources of data the system uses, how data is collected, weighted and combined and the methodology employed to correct errors, improve outcomes or otherwise modify the system.Section 13-1-200(B) by the vendor.
(B) 4 As used in this section, "transparencyTransparency"transparency" means the disclosure of the methodology of a system, including the types and sources of data the system uses, how data is collected, weighted and combined and the methodology employed to correct errors, improve outcomes or otherwise modify the system.Section 13-1-200(B)" means the disclosure of the methodology of a system, including the types and sources of data the system usesUse"use" means to operate an artificial intelligence system or to contract with a third party to operate an artificial intelligence system to automate, aid, replace or support a decision-making process that would otherwise be made by an agency or to make recommendations to an agency.Section 2(I), how data is collected, weighted and combined and the methodology employed to correct errors, improve outcomes or otherwise modify the system.
Adds a new section to the Procurement Code requiring that any contract for procurement of an AI product or service subject to the Act's inventory or assessment requirements must include a vendor transparency provision. Transparency is defined to require disclosure of the system's methodology, data types and sources, data collection and weighting methods, and error-correction processes. This effectively imposes a contractual documentation standard on vendors selling AI to state agencies, ensuring that agencies have the information needed to satisfy their assessment obligations.
Five hundred thousand dollars ($500,000) is appropriated from the general fund to the general services departmentDepartment"department", unless otherwise specified, means the general services department;Section 2(H) for expenditure in fiscal year 2025 for staff and other costs to implement the Government UseUse"use" means to operate an artificial intelligence system or to contract with a third party to operate an artificial intelligence system to automate, aid, replace or support a decision-making process that would otherwise be made by an agency or to make recommendations to an agency.Section 2(I) of Artificial IntelligenceArtificial intelligence"artificial intelligence" means any technology, including machine learning, that uses data to train an algorithm or predictive model for the purpose of enabling a computer system or service to autonomously perform a task, including visual perception, language processing or speech recognition, that is normally associated with human intelligence or perception;Section 2(C) TransparencyTransparency"transparency" means the disclosure of the methodology of a system, including the types and sources of data the system uses, how data is collected, weighted and combined and the methodology employed to correct errors, improve outcomes or otherwise modify the system.Section 13-1-200(B) Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2025 shall revert to the general fund.
Appropriates $500,000 from the general fund to the General Services Department for fiscal year 2025 to cover staff and implementation costs. Any unexpended balance reverts to the general fund at the end of FY 2025. This is a funding provision and creates no compliance obligation.
The effective date of the provisions of this act is July 1, 2024.
Sets the effective date of the Act as July 1, 2024. This is a standard operative-date provision and creates no compliance obligation.