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HF4544 • 2026

License for artificial intelligence independent verification organizations established, advisory council established, rulemaking authorized, and reports required.

License for artificial intelligence independent verification organizations established, advisory council established, rulemaking authorized, and reports required.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Koegel, Rymer, Norris, Bahner
Last action
2026-03-23
Official status
Introduction and first reading, referred to Commerce Finance and Policy
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2026-03-23 House

    Introduction and first reading, referred to Commerce Finance and Policy

Official Summary Text

License for artificial intelligence independent verification organizations established, advisory council established, rulemaking authorized, and reports required.

Current Bill Text

Read the full stored bill text
A bill for an act

relating to commerce; establishing a license for artificial intelligence independent

verification organizations; establishing an advisory council; authorizing rulemaking;

requiring reports; proposing coding for new law in Minnesota Statutes, chapter

325M.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[325M.50] DEFINITIONS.

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Subdivision 1.

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Scope.

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For purposes of sections 325M.51 to 325M.54, the following

terms have the meanings given.

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Subd. 2.

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Artificial intelligence application.

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"Artificial intelligence application" means

a software program or system that uses artificial intelligence to perform tasks that typically

require human intelligence.

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Subd. 3.

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Artificial intelligence model.

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"Artificial intelligence model" means an

engineered or machine-based system that can, for explicit or implicit objectives, infer from

an input received how to generate output that can influence physical or virtual environments.

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Subd. 4.

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Commissioner.

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"Commissioner" means the commissioner of commerce.

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Subd. 5.

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Deployer.

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"Deployer" means a person that implements, integrates, or makes

operational an artificial intelligence model or artificial intelligence application in this state.

Deployer includes a person that makes an artificial intelligence model or artificial intelligence

application available for use by others in this state, whether directly or as part of a product

or service.

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Subd. 6.

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Developer.

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"Developer" means a person that develops an artificial intelligence

model or artificial intelligence application that is deployed in this state.

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Subd. 7.

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Independent verification organization or IVO.

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"Independent verification

organization" or "IVO" means an entity licensed by the commissioner pursuant to section

325M.51 to assess an artificial intelligence model's or artificial intelligence application's

adherence to standards reflecting best practices for the prevention of personal injury and

property damage.

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Subd. 8.

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Security vendor.

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"Security vendor" means a third-party entity engaged by an

IVO or developer to evaluate the safety or security of an artificial intelligence model or

artificial intelligence application, including by using processes such as risk detection and

risk mitigation.

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Sec. 2.

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[325M.51] INDEPENDENT VERIFICATION ORGANIZATION LICENSURE

REQUIREMENT.

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Subdivision 1.

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License required.

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An application for an independent verification

organization license must be made by filing with the commissioner the information, materials,

and forms specified in rules adopted by the commissioner.

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Subd. 2.

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IVO proposed plan.

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An IVO must file a proposed plan with the IVO's

application. The proposed plan must include:

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(1) the risk or risks that artificial intelligence models or artificial intelligence applications

must mitigate. For each risk identified, the plan must include:

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(i) a proposed definition of acceptable levels of risk;

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(ii) metrics that are measurable and can be used to determine whether the acceptable

level of risk defined by the IVO produces beneficial outcomes;

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(iii) target levels for the metrics, including data sources the target levels are based on

and methods for measurement; and

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(iv) a description of the evaluation and reporting protocol to determine whether verified

artificial intelligence models or artificial intelligence applications meet the outcome metrics

on an ongoing basis;

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(2) proposed technical, operational, governance, and other mitigation requirements for

developers or deployers, including procedures for predevelopment and postdevelopment,

to ensure acceptable levels of risk, including:

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(i) ongoing monitoring risks; and

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(ii) ongoing assessment of mitigation efficacy;

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(3) methodologies and sources used to evaluate the efficacy of mitigation requirements;

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(4) benchmarks, technologies, and audit methodologies proposed to assess developer

and deployer adherence to mitigation requirements;

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(5) an approach to assessing continued good standing of a verified artificial intelligence

model or artificial intelligence application, including reviewing and evaluating the developer's

or deployer's maintenance of artificial intelligence governance plans and policies, processes

for risk monitoring and mitigation, whistleblower protections, and training for employees

and third parties;

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(6) disclosure requirements for developers or deployers related to detected risks, incident

reports, or material changes to risk profiles, including both risks detected before verification

and risks resulting from fine-tuning or modifying an artificial intelligence model or artificial

intelligence application after verification;

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(7) procedures for prescribing and verifying implementation of corrective actions to

remedy a developer's or deployer's identified failure to:

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(i) achieve an acceptable level of risk with respect to an artificial intelligence application

or artificial intelligence model;

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(ii) comply with any other mitigation requirements promulgated by the applicant; and

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(iii) comply with the developer's or deployer's artificial intelligence governance plan

and policy;

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(8) standards and procedures for revoking verification for noncompliance with the

applicant's mitigation requirements, failure to achieve acceptable levels of risk, or

noncompliance with the developer's or deployer's artificial intelligence governance plans

and policies;

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(9) whether the applicant proposes risk-specific verification and how plans are tailored

to the specific risk;

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(10) coordination with federal and state authorities;

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(11) personnel qualifications;

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(12) governance policies, sources of funding, and policies ensuring independence; and

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(13) any other information required by the commissioner.

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Subd. 3.

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License determination.

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(a) The commissioner may license an applicant if the

commissioner finds:

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(1) the applicant demonstrated independence from the artificial intelligence community;

and

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(2) every element of the applicant's proposed plan is adequate to ensure that artificial

intelligence models or artificial intelligence applications verified pursuant to the plan mitigate

one or more risks to an acceptable level.

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(b) If verification is proposed to a specific risk, the commissioner must evaluate the

plan's adequacy accordingly.

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(c) If the commissioner finds that an applicant's plan does not adequately mitigate all of

the proposed risks, the applicant must be licensed to verify only those risks for which the

plan is deemed adequate.

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(d) The license must specify:

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(1) the risks the IVO is authorized to verify; and

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(2) any markets the license applies to.

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Subd. 4.

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License revocation.

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The commissioner must revoke an IVO license if the

commissioner determines:

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(1) the IVO's plan is materially misleading or inaccurate;

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(2) the IVO fails to adhere to the IVO's plan in a way that materially impairs the IVO's

responsibilities, including failure to adhere to the plan's procedures for ongoing monitoring

of verified artificial intelligence models or artificial intelligence applications and

implementation of corrective action;

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(3) a material change compromises independence from the artificial intelligence industry;

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(4) technological evolution renders methods obsolete for ensuring acceptable levels of

the risk the commissioner has designated the IVO to verify; or

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(5) a verified artificial intelligence model or artificial intelligence application causes

material harm of the type the IVO defines an acceptable level of risk in order to prevent.

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Subd. 5.

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Cure opportunity.

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The commissioner may allow an IVO to cure the basis for

revocation before terminating the license.

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Subd. 6.

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Fees.

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The commissioner must establish reasonable application and renewal

fees sufficient to offset administrative costs.

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Subd. 7.

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Verification not required.

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Nothing in this section requires an artificial

intelligence model or artificial intelligence application to seek IVO verification.

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Subd. 8.

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Rulemaking.

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The commissioner may adopt rules necessary to implement

sections 325M.51 to 325M.54.

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Sec. 3.

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[325M.52] INDEPENDENT VERIFICATION ORGANIZATION

REQUIREMENTS.

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Subdivision 1.

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Implementation.

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A licensed IVO must implement the IVO's approved

plan.

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Subd. 2.

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Revocation of verification.

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An IVO must revoke verification if a developer

or deployer:

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(1) fails to meet mitigation requirements;

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(2) fails to cooperate with monitoring;

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(3) violates governance policies; or

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(4) fails to implement corrective actions.

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Subd. 3.

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Plan modification.

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(a) An IVO may update or modify:

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(1) technical and operational requirements;

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(2) evaluation benchmarks;

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(3) audit methodologies;

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(4) governance plans;

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(5) verification activities to enhance efficacy; and

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(6) any other element of the IVO's plan in order to take advantage of improved

technology.

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(b) An IVO may address previously discovered issues with the IVO's plan.

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(c) A notice of material changes must be reported in writing to the commissioner. The

notice shall describe the changes, the rationale for the changes, and an explanation of how

the changes better enable the IVO to ensure the requisite level of mitigation of relevant

risks.

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(d) Changes must take effect upon notification.

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(e) The commissioner may, within six months after receiving notice of changes, request

additional information from the IVO regarding the changes or may issue a written notice

rejecting the changes in whole or in part. If the commissioner rejects the changes, the IVO

has 30 days to modify the IVO's plan to comply with the commissioner's determination and

to assess whether artificial intelligence models or applications assessed under the previous

plan must be reassessed.

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Subd. 4.

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Annual reporting.

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(a) An IVO must submit an annual report to the

commissioner and chairs and ranking minority members of the legislative committees with

jurisdiction over artificial intelligence. The report must include:

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(1) aggregated information on the capabilities of the artificial intelligence models and

artificial intelligence applications evaluated by the IVO, the observed societal risks and

benefits associated with those capabilities, and the potential societal risks and benefits

associated with those capabilities;

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(2) the adequacy of evaluation resources, technical capabilities, and mitigation measures

to address observed and potential risks;

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(3) aggregated results of verification assessments;

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(4) aggregated and anonymized compliance with prescribed remediation;

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(5) anonymized descriptions of any additional significant risk the IVO observed while

conducting assessments, even if the risk is not one the IVO is licensed to verify;

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(6) a list of verified artificial intelligence models and artificial intelligence applications;

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(7) a description of evaluation methods; and

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(8) governance or funding changes that affect independence.

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(b) IVOs may redact trade secrets, sensitive business information, personally identifiable

information, and other security-sensitive content.

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(c) Documentation used in reports must be retained for ten years. An IVO must also

retain all documentation relating to the IVO's assessment and verification of artificial

intelligence models or artificial intelligence applications, including ongoing monitoring and

any subsequent corrective action, for ten years after the relevant activity.

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(d) The commissioner must publish on the Department of Commerce website redacted

versions of reports issued by IVOs.

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Sec. 4.

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[325M.53] ARTIFICIAL INTELLIGENCE ADVISORY COUNCIL.

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Subdivision 1.

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Establishment.

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(a) The council is established within the Department of

Commerce. The commissioner must determine the appropriate size of the council and appoint

all members.

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(b) Membership must include at least one civil society representative, including but not

limited to nongovernmental organizations, educational and research institutions, public

policy institutes, or consumer and business advocacy organizations.

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Subd. 2.

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Duties.

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(a) The commissioner must delegate powers, including licensing and

auditing, to the council.

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(b) A member must:

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(1) remain free of undue influence and refrain from any action that could compromise

the member's ability to carry out the member's responsibilities or otherwise cast doubt on

the member's ability to independently assess artificial intelligence models or artificial

intelligence applications;

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(2) refrain from any action or occupation, gainful or not, that is incompatible with the

member's duties, including but not limited to employment by a developer or deployer of

artificial intelligence;

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(3) refrain from owning or acquiring any equity or other interest, directly or indirectly,

in a company whose business consists in significant part of developing or deploying artificial

intelligence;

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(4) observe a one-year postemployment restriction from artificial intelligence firms or

IVOs; and

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(5) be qualified to assess IVO plans.

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Subd. 3.

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Administration.

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(a) A member must not serve more than two consecutive

terms.

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(b) A member must receive reimbursement for actual and necessary expenses incurred

in the discharge of duties. A member may also receive a salary for carrying out the member's

duties under this section.

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(c) A member may be removed for inefficiency, neglect, or malfeasance.

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(d) A majority of members constitutes a quorum and concurrence of a majority of a

quorum is sufficient for the council's determination.

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(e) The council must keep a record of the council's proceedings, including all

considerations relating to the issuance, refusal, renewal, and revocation of an IVO license.

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Sec. 5.

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[325M.54] LIMITED LIABILITY; REBUTTABLE PRESUMPTION.

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In a civil action asserting claims for personal injury or property damage caused by an

artificial intelligence model or artificial intelligence application, there is a rebuttable

presumption against liability if:

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(1) the artificial intelligence model or artificial intelligence application in question was

verified by a licensed IVO at the time of the plaintiff's alleged injury;

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(2) the plaintiff's alleged injury arose from a risk that the IVO was licensed to verify

and for which the IVO did verify the artificial intelligence model or artificial intelligence

application; and

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(3) the artificial intelligence model or artificial intelligence application is within the

specified market segment, if any, for which the IVO was licensed to conduct verification.

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