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ENGROSSED HOUSE
BILL NO. 3545 By: Maynard, Hildebrant, Olsen,
Pae, Alonso-Sandoval, Hill,
Stewart, and Clinton of the
House
and
Alvord of the Senate
An Act relating to technology; providing definitions;
clarifying applicability of act; establishing
prohibited uses of artificial intelligence system
(AI) by state agencies; establishing allowed uses of
AI and applicable restrictions; directing state
agencies to take action and report compliance to the
Office of Management and Enterprise Services (OMES);
requiring future AI systems comply with act;
directing OMES to provide report on AI systems used
by state agencies; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 200 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. As used in this act:
1. "Artificial intelligence system" or "AI" means a machine-
based system that, for explicit or implicit objectives, infers from
the input it receives how to generate outputs, such as predictions,
content, recommendations, or decisions, that can influence a
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physical or virtual environment, with varying levels of autonomy and
adaptiveness after deployment. The term "artificial intelligence
system" or "AI" does not include robotic process automation or other
systems whose behavior is defined solely by human-defined rules to
automatically execute operations;
2. "Deepfake" means a video of a person in which his or her
face or body has been digitally altered so that the person appears
to be someone else, the person appears to be saying something that
he or she has never said, or the person appears to be doing
something that he or she has never done. A deepfake is typically
used maliciously or to spread false information;
3. "Generative artificial intelligence system" or "GenAI
system" means an artificial intelligence system that is designed to
generate synthetic content, including text, images, video, audio, or
other media, in response to prompts or other inputs. A generative
artificial intelligence system does not include software that
performs basic formatting, grammar correction, translation, or other
assistive editing functions that do not materially generate new
substantive content;
4. "High-risk AI decision" means an automated determination,
classification, scoring, or recommendation generated in whole or in
part by an artificial intelligence system that:
a. is used as the primary basis for a final agency action
affecting an individual's legal rights, eligibility
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for government benefits or services, imposition of
civil penalties, or legal obligations,
b. results in a substantial and non de minimis impact,
and
c. is not subject to meaningful human review prior to
implementation, and
5. "State agency" means any department, commission, board,
institution, bureau, office, law enforcement agency, or other
entity, by whatever name called, including the legislative and
judicial branches of state government, established in the state
constitution, statutes, session laws, or executive orders.
B. This act shall apply to all computer systems operated by any
state agency, except for systems used in research by state-funded
institutions of higher learning. Also excepted are installed
consumer systems in common personal use, including, but not limited
to, facial recognition used to unlock a smartphone.
C. The following uses of AI by state agencies shall be
prohibited:
1. Cognitive behavioral manipulation of individual persons or
specific groups of persons;
2. Classifying persons based on behavior, socioeconomic status,
or personal characteristics in a manner that results in unlawful
discrimination prohibited by state or federal law;
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3. Real-time and remote biometric identification systems used
for surveillance in public spaces, such as facial recognition,
except when such use is conducted pursuant to a valid warrant or
court order, or in exigent circumstances involving a specific and
articulable imminent threat to life or serious bodily injury,
including, but not limited to, active shooter incidents or credible
terrorist threats; provided, that any use under exigent
circumstances shall be strictly limited in scope and duration to
address the emergency and shall be subject to post-incident
documentation and supervisory review by the agency; and
4. Deepfakes when used for any deceptive or malicious purpose.
D. Use of AI by state agencies shall be allowed under the
following circumstances and with the following restrictions:
1. No high-risk AI decision shall take effect unless reviewed
and approved by a human employee or officer of the state agency who
has decision-making authority and is trained in and aware of the
limitations of the AI system;
2. Any material produced by a generative artificial
intelligence system that has not been reviewed, and possibly edited
by a human in an appropriate responsible position, must be
accompanied by a disclosure that the content was generated by AI;
and
3. In all other circumstances in which a human user is
interacting with an AI system, either directly or indirectly, the
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user must be informed that he or she is interacting with an AI
system.
E. All state agencies shall take the following actions no later
than nine (9) months after the effective date of this act and report
their compliance with the Office of Management of Enterprise
Services (OMES):
1. Review the use of AI in their computer systems to verify
that they comply with the provisions of this act. Any AI system
that is prohibited shall be removed; and
2. Modify all procedures relative to any use of AI that are
inconsistent with this act so that these procedures are consistent
with the requirements of this act.
F. Any AI systems newly deployed by a state agency after the
effective date of this act shall comply with the provisions of this
act. All newly implemented procedures relative to any use of AI
that are implemented by a state agency after the effective date of
this act shall be consistent with the requirements of this act.
G. On December 1, 2026, and every year thereafter, OMES shall
provide to the Governor, the Speaker of the Oklahoma House of
Representatives, and the President Pro Tempore of the Oklahoma State
Senate a report summarizing AI systems identified by state agencies,
recording which of those systems were prohibited and removed in
compliance with this act, which systems are allowed according to
this act, and what procedures have been implemented to ensure that
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the procurement and use of these systems will be in compliance with
this act. This report shall be updated annually to include new
systems that state agencies have purchased. All such reports shall
also be posted on the OMES website.
SECTION 2. This act shall become effective November 1, 2026.
Passed the House of Representatives the 11th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate