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SENATE Substitute for HOUSE BILL No. 2313
AN ACT concerning technology produced by certain foreign countries; relating to artificial
intelligence platforms; prohibiting the use of artificial intelligence platforms of
concern on state-issued devices and networks; prohibiting medical and research
facilities from using genetic sequencers or operational software used for genetic
analysis that is produced in or by a foreign adversary.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) No electronic device that is owned or issued to an
employee by a state agency shall be used to access an artificial
intelligence platform of concern. Any network that is operated by a
state agency shall prohibit the use of artificial intelligence platforms of
concern by users who access the network.
(b) Any state agency that utilizes an artificial intelligence platform
of concern or has an account with an artificial intelligence platform of
concern shall deactivate and delete such account and shall no longer
use the artificial intelligence platform.
(c) The provisions of this section shall not apply to state agencies
that are using an electronic device owned or issued to an employee by a
state agency to access an artificial intelligence platform of concern for
the purposes of law enforcement activities or cybersecurity
investigations.
(d) As used in this section:
(1) "Artificial intelligence platform of concern" means:
(A) The artificial intelligence model commonly referred to as
DeepSeek and any artificial intelligence model that is owned or
controlled, directly or indirectly, by Hangzhou DeepSeek Artificial
Intelligence Basic Technology Research Company or a subsidiary or
successor company of such company; or
(B) an artificial intelligence model that is controlled, directly or
indirectly, by a country of concern;
(2) (A) "country of concern" means the following:
(i) People's republic of China, including the Hong Kong special
administrative region;
(ii) republic of Cuba;
(iii) islamic republic of Iran;
(iv) democratic people's republic of Korea;
(v) Russian federation; and
(vi) Bolivarian republic of Venezuela.
(B) "Country of concern" does not include the republic of China
(Taiwan); and
(3) "state agency" means any state office or officers, department,
board, commission, institution or bureau or any agency, division or unit
thereof.
Sec. 2. (a) As used in this section:
(1) "DNA" means deoxyribonucleic acid, ribonucleic acid and
chromosomes that may be analyzed to detect heritable diseases or
conditions, including the identification of carriers, predicting risk of
disease or establishing a clinical diagnosis.
(2) "Foreign adversary" means the people's republic of China, the
Russian federation, the Islamic republic of Iran, the democratic people's
republic of Korea, the republic of Cuba, the Venezuelan regime of
Nicolas Maduro or the Syrian Arab republic, including any agent of or
any other entity under significant control of such foreign adversary, or
any other entity deemed to be a foreign adversary by the governor in
consultation with the adjutant general.
(3) "Genetic sequencer" means any device or platform used to
conduct genetic analysis, resequencing, isolation or other genetic
research.
(4) "Human genome" means DNA or ribonucleic acid that is
found in human cells.
(5) "Medical facility" means a facility for the delivery of health
services that receives state moneys, including interagency pass-through
appropriations from the federal government, and conducts research or
testing on, with or relating to genetic analysis or the human genome.
(6) "Operational or research software" means computer programs
SENATE Substitute for HOUSE BILL No. 2313—page 2
used for the operation, control, analysis or other necessary functions of
genetic analysis or genetic sequencers.
(7) "Research facility" means a facility that receives state moneys,
including interagency pass-through appropriations from the federal
government and conducts research on, with or relating to genetic
analysis or the human genome.
(b) No medical facility or research facility in this state shall utilize
genetic sequencers or operational or research software used for genetic
analysis produced in or by a foreign adversary, a state-owned enterprise
of a foreign adversary, a company domiciled within a foreign adversary
or a company-owned or company-controlled subsidiary of a company
domiciled within a foreign adversary for the purpose of conducting
genetic analysis.
(c) All genetic sequencers and operational and research software
used for genetic sequencers or genetic analysis devices prohibited
under subsection (b) that is not permanently disabled shall be removed
and replaced with genetic sequencers and operational and research
software used for genetic sequencers or genetic analysis that is not
prohibited under subsection (b).
(d) Subject to appropriations, a medical facility or research facility
in this state may request a reimbursement from the state treasurer up to
the cost of replacement of the equipment and software prohibited under
subsection (b) from the state treasurer, provided the request includes
purchase orders and is submitted prior to October 1, 2025.
(e) The provisions of this section are severable. If any provision of
this section is declared unconstitutional or invalid, or the application of
any portion of the act to any person or circumstance is held
unconstitutional or invalid, the invalidity shall not affect other portions
of the act that can be given effect without the invalid portion or
application, and the applicability of such other portions of the act to any
person or circumstance shall remain valid and enforceable.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the House, and passed
that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
President of the Senate.
Secretary of the Senate.
APPROVED _______________________________________________
Governor.