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SENATE BILL NO. 2
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY SENATOR HUGHES
Introduced: 1/22/25
Referred: State Affairs, Judiciary
A BILL
FOR AN ACT ENTITLED
"An Act relating to disclosure of election-related deepfakes; r elating to use of artificial 1
intelligence by state agencies; and relating to transfer of dat a about individuals between 2
state agencies." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. AS 15.80 is amended by adding a new section to read: 5
Sec. 15.80.009. Deepfake dis closure requirement. (a) A person may not 6
make or retain the services of a nother to make an election-rela ted communication that 7
the person knows or reasonably should know includes a deepfake relating to a 8
candidate or proposition without including the following disclosure statement with the 9
election-related communication: " This communication has been ma nipulated or 10
generated by artificial intelligence or by another means." If t he election-related 11
communication includes a print or video component, the statemen t must be placed in 12
the election-related communication so the statement is easily d iscernible, and, for a 13
broadcast, cable, satellite, Internet, or other digital communi cation, the statement must 14
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remain onscreen throughout the en tirety of the election-related communication. In an 1
election-related communication that consists only of audio, the statement must be read 2
(1) at the beginning of the audio, at the end of the audio, an d, if the 3
audio is longer than two minutes in duration, at least once eve ry two minutes during 4
the audio; and 5
(2) in a manner that is easily heard. 6
(b) A person may not remove the d isclosure statement described in (a) of this 7
section from an election-related communication that the person knows or reasonably 8
should know includes a deepfake. 9
(c) A person who violates (a) o r (b) of this section is liable to a candidate or 10
proposition group for damages suffered as a result of the viola tion, full reasonable 11
attorney fees, and costs. 12
(d) A candidate or proposition group suffering damages as a re sult of an 13
election-related communication made in violation of (a) of this section, or the removal 14
of the disclosure statement from an election-related communicat ion in violation of (b) 15
of this section, may bring an action for damages under (c) of t his section, or for 16
injunctive relief to prohibit dissemination of the election-related communication. 17
(e) This section does not apply to a deepfake that is 18
(1) satire or parody; 19
(2) broadcast by a radio, television, cable, or satellite prov ider as part 20
of a newscast, news interview, news documentary, or on-the-spot coverage of a news 21
event, if the broadcast clearly acknowledges, through content o r disclosure, in a 22
manner easily heard or read by the average listener or viewer, that there are questions 23
about the authenticity of the deepfake; or 24
(3) broadcast by a person who is paid to broadcast an election -related 25
communication made by another person. 26
(f) In this section, 27
(1) "deepfake" means an image, audio recording, or video recor ding of 28
an individual's appearance, conduct, or spoken words that has b een created or 29
manipulated with machine learning, natural language processing, or another 30
computational processing technique in a manner to create a real istic but false image, 31
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audio, or video that 1
(A) would appear to a reasonable person to depict a real 2
individual saying or doing something that did not actually occur; or 3
(B) provides a fundamentally different understanding or 4
impression of an individual's appearance, conduct, or spoken wo rds than the 5
understanding a reasonable person would have from an unaltered, o r i g i n a l 6
version of the media; 7
(2) "election-related communication" means a communication that 8
(A) directly or indirectly ide ntifies a candidate or propositi on; 9
and 10
(B) is disseminated to an audience that includes voters who will 11
have the opportunity to vote on the candidate or proposition id entified in the 12
communication; 13
(3) "proposition" has the meaning given in AS 15.13.065(c); 14
(4) "proposition group" means a person registered with the Ala ska 15
Public Offices Commission to make expenditures in support of or in opposition to a 16
proposition under AS 15.13.050. 17
* Sec. 2. AS 44.99 is amended by adding new sections to read: 18
Article 7. Use by State Agencies of Artificial Intelligence and Data About Individuals. 19
Sec. 44.99.700. Inventory. (a) Every two years, th e department shall conduct 20
an inventory of all state agency systems that employ generative artificial intelligence 21
for consequential decisions. Each state agency shall assist the department as necessary. 22
An inventory must include, at a minimum, the following information for each system: 23
(1) the name of the system; 24
(2) the vendor that provides the system, if any; 25
(3) a description of the general capabilities and uses of the system; 26
(4) whether the state agency completed an impact assessment of the 27
system under AS 44.99.710 before the system's implementation; and 28
(5) the date of completion of the most recent state agency imp act 29
assessment of the system under AS 44.99.710. 30
(b) The department shall remove from the inventory a system that is no longer 31
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used by a state agency. 1
(c) The department shall publish each inventory on the departm ent's Internet 2
website. 3
Sec. 44.99.710. Impact assessments. (a) At least once every two years, the 4
head of a state agency that uses a system that employs generati ve artificial intelligence 5
for consequential decisions s hall conduct an impact assessment o f t h e s y s t e m . A n 6
impact assessment must include, at a minimum, an analysis of 7
(1) the efficacy of the system; 8
(2) the human oversight involved in the system; 9
(3) the accountability mechanisms in place for the system; 10
(4) the process by which an individual may appeal a decision m ade or 11
facilitated by the system; 12
(5) the current and potential benefits, liability, and risks t o the state 13
from the system, including risks related to cybersecurity and i ntellectual property and 14
any measures used to mitigate liability and risks; 15
(6) the current and potential effects of the system on the lib erty, 16
finances, livelihood, and privacy interests of individuals in t he state, including effects 17
from any use of geolocation data by the system; 18
(7) any unlawful discrimination against or unlawful disparate impact 19
on an individual or a group of i ndividuals that has resulted or may result from the 20
system; and 21
(8) the policies and procedures t h a t g o v e r n t h e p r o c e s s o f u s ing the 22
system for consequential decisions. 23
(b) A state agency that completes an impact assessment shall p rovide the 24
assessment to the department, and the head of the agency shall consult with the 25
commissioner of administration to determine future use of the system by the agency. 26
Sec. 44.99.720. Requirements for use of artificial intelligence by state 27
agencies. (a) A state agency that uses a system that employs generative artificial 28
intelligence for consequential decisions shall 29
(1) notify each individual who may be legally or significantly affected 30
by the use of the system; 31
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(2) obtain an individual's consent before soliciting or acquir ing 1
sensitive personal data from or about the individual that will be used by the system; 2
(3) provide an appeals process that includes manual human revi ew for 3
an individual who is legally or significantly affected by the use of the system; and 4
(4) inform a prospective employee of the state agency about an y video 5
interview that involves the use of generative artificial intell igence and obtain the 6
prospective employee's consent before employing generative artificial intelligence. 7
(b) A state agency may not use a system that employs artificial intelligence for 8
consequential decisions if the system involves 9
(1) biometric identification, including facial recognition; 10
(2) emotion recognition; 11
(3) cognitive behavioral manipulation of individuals or groups; or 12
(4) social scoring. 13
(c) A state agency may not use a system that employs artificial intelligence for 14
consequential decisions if the sy stem uses data hosted in a cou ntry designated by 15
regulation as a foreign adversary. 16
( d ) A s t a t e a g e n c y m a y c o n t r a c t w i t h a p e r s o n f o r a s y s t e m t h at employs 17
artificial intelligence for consequential decisions only if the person has implemented 18
security and privacy controls as specified by the National Inst itute of Standards and 19
Technology in Special Publication 800-53, Revision 5, published in September 2020 20
or in regulations adopted by the department designating a publi cation revising or 21
superseding Special Publication 800-53. 22
Sec. 44.99.730. Transfer of data between state agencies. Unless required by 23
law, a state agency may not tra nsfer data about an individual t o another state agency 24
without giving notice to the individual. 25
Sec. 44.99.740. Regulations. (a) The department shall adopt regulations under 26
AS 44.62 (Administrative Procedure Act) concerning the developm ent, procurement, 27
implementation, use, and ongoing a ssessment of systems that emp loy generative 28
artificial intelligence by state agencies for consequential dec isions. The regulations 29
must include, at a minimum, provisions that 30
(1) govern the procurement, imp lementation, and ongoing assess ment 31
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of each system; 1
(2) require a state agency to conduct an impact assessment of each 2
system under AS 44.99.710 before its implementation; 3
(3) ensure that a system does not result in unlawful discrimin ation or 4
an unlawful disparate impact on an individual or a group of individuals; 5
(4) provide for the ongoing assessment of each system; and 6
(5) designate countries that c onstitute foreign adversaries, c onsidering 7
determinations made by the United States. 8
(b) The department may adopt additional regulations under AS 4 4.62 9
(Administrative Procedure Act) necessary to implement AS 44.99.700 - 44.99.730. 10
Sec. 44.99.750. Civil liability for harm. (a) An individual who suffers harm 11
as a result of a violation of AS 44.99.700 - 44.99.730, a viola tion of a regulation 12
adopted under AS 44.99.740, or gross negligence or reckless or intentional misconduct 13
relating to the use of artificial intelligence by a state agency may bring a civil action in 14
the superior court against the state agency. 15
(b) An individual who suffers harm under (a) of this section m ay recover 16
damages for the harm to the individual, punitive damages under AS 09.17.020, and 17
full reasonable attorney fees and costs in a civil action brought under this section. 18
(c) Nothing in this section authorizes an individual to bring a cause of action 19
against a person other than a state agency. 20
Sec. 44.99.760. Exemptions. (a) AS 44.99.710, 44.99.720(a), 44.99.720(b)(1), 21
44.99.730, and regulations adopted under AS 44.99.740(a) do not a p p l y t o s y s t e m s 22
that the Department of Public Saf ety uses for investigation of criminal offenses, 23
missing persons, or other exigent circumstances. 24
(b) Information collected under AS 44.99.700(a)(3) related to a system that 25
the Department of Public Safety uses for investigation of crimi nal offenses, missing 26
persons, or other exigent circumstances may not be included in the inventory 27
published on the department's Internet website under AS 44.99.7 00(c) and is 28
confidential and not subject t o disclosure under AS 40.25.100 - 40.25.295 (Alaska 29
Public Records Act). 30
Sec. 44.99.770. Definitions. In AS 44.99.700 - 44.99.770, 31
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(1) "artificial intelligence" means generative artificial inte lligence or 1
rules-based artificial intelligence; 2
(2) "biometric identification" means the analysis of an indivi dual's 3
physical or behavioral characteristics to uniquely identify the individual; 4
(3) "cognitive behavioral manipulation" means the use of a sub liminal 5
technique for the purpose of inf luencing an individual's behavi or to achieve a desired 6
outcome; 7
(4) "consequential decision" means a conclusion, decision, or 8
judgment by a state agency that can affect an individual's lega l rights, employment, 9
finances, health, or licensure; 10
(5) "department" means the Department of Administration; 11
(6) "emotion recognition" means the analysis of an individual' s bodily 12
expressions, including facial and verbal expressions, to identi fy or predict the 13
individual's emotions; 14
(7) "generative artificial intelligence" means a machine-based system 15
designed to operate with varying levels of autonomy that may ex hibit adaptiveness 16
after deployment and that, for explicit or implicit objectives, infers how to generate 17
outputs from input the system receives; 18
(8) "individual" means a natural person; 19
(9) "rules-based artificial intelligence" means a computational program 20
or algorithm designed to process information in a logical way t hat does not produce 21
inferential output beyond its original programming and query parameters; 22
(10) "sensitive personal data" means 23
(A) data that reveals an individual's racial or ethnic origin, 24
political opinions, or religious or philosophical beliefs; 25
(B) an individual's genetic data; 26
(C) an individual's biometric data when used for biometric 27
identification; 28
(D) an individual's geolocation data; 29
(E) an individual's bank account information or financial 30
records; or 31
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(F) an individual's social securi ty number or another personal 1
identifier issued to an individual by a government or institution; 2
(11) "social scoring" means evaluating, classifying, rating, o r scoring 3
the trustworthiness or social st anding of an individual based o n behavior or 4
socioeconomic, political, or religious status; 5
(12) "state agency" means the University of Alaska, a public 6
corporation of the state, or a department, institution, board, commission, division, 7
authority, committee, or other administrative unit of the execu tive branch of state 8
government. 9
* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 10
read: 11
APPLICABILITY. AS 44.99.750, enacted b y sec. 2 of this Act, app lies to acts or 12
omissions occurring on or after the effective date of this Act. 13