New Hampshire HB 1725: relative to the regulation of artificial intelligence technologies.

Bill Text

HB 1725-FN - AS INTRODUCED

2026 SESSION

 26-2812

 06/08

HOUSE BILL 1725-FN

AN ACT relative to the regulation of artificial intelligence technologies.

SPONSORS: Rep. Long, Hills. 26

COMMITTEE: Commerce and Consumer Affairs

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ANALYSIS

 This bill establishes a new chapter to regulate the development, deployment, and use of artificial intelligence in New Hampshire.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2812

 06/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the regulation of artificial intelligence technologies.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 New Chapter; Responsible Artificial Intelligence Governance. Amend RSA by inserting after chapter 359-U the following new chapter: 

CHAPTER 359-V

RESPONSIBLE ARTIFICIAL INTELLIGENCE GOVERNANCE

 359-V:1 Definitions. In this chapter: 

 I. "Artificial intelligence system" means any machine-based system that, through machine learning, neural networks, or other adaptive algorithmic techniques, is capable of learning from data, improving performance, or making autonomous decisions or predictions. This term excludes classical statistical tools, rule-based expert systems, deterministic algorithms, and control systems without adaptive or autonomous features. 

 II. "Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry. 

 III. "Council" means the New Hampshire artificial intelligence council established pursuant to this chapter. 

 IV. "Consumer" means an individual residing in this state acting in an individual or household context. 

 359-V:2 Applicability. 

 I. This chapter shall apply to any person, business, or governmental entity conducting business in New Hampshire, offering products or services to state residents, or developing or deploying artificial intelligence systems in this state. 

 II. This chapter supersedes and preempts any ordinance, regulation, or rule adopted by a political subdivision regarding the use of artificial intelligence systems, unless expressly authorized by state law. 

 359-V:3 Administration and Council. 

 I. There is established the New Hampshire artificial intelligence council, administratively attached to the department of information technology. 

 II. The council shall include 7 members: 3 appointed by the governor, 2 by the senate president, and 2 by the speaker of the house. All members shall have demonstrated expertise in artificial intelligence, ethics, data privacy, public policy, or related fields. 

 III. The council shall advise the state on ethical and transparent development, deployment, and oversight of artificial intelligence systems, including annually reporting to the governor and legislature. 

 359-V:4 General Duties and Prohibitions. 

 I. State agencies and any person subject to this chapter shall: 

 (a) Provide clear and conspicuous disclosure to consumers when interacting with an artificial intelligence system, including in health care contexts except in emergencies, in which case notice shall be provided as soon as practicable. 

 (b) Not develop or deploy an artificial intelligence system with the intent to unlawfully discriminate against protected classes under state or federal law. Disparate impact alone is insufficient to demonstrate intent. 

 (c) Not develop or deploy an artificial intelligence system for the purpose of social scoring, manipulation aimed at causing self-harm or criminal acts, or infringing rights under the United States or New Hampshire constitutions. 

 II. Governmental entities shall not deploy artificial intelligence systems for the purpose of uniquely identifying individuals using biometric identifiers or collecting biometric data from publicly available sources without valid consent, unless otherwise permitted for security, law enforcement, or fraud prevention. 

 359-V:5 Regulatory Sandbox. 

 I. There is established an artificial intelligence regulatory sandbox program, administered by the department of information technology in consultation with the council. 

 II. The sandbox enables approved participants to test innovative artificial intelligence systems on a limited basis for up to 36 months, subject to oversight and quarterly reporting requirements. No waiver is permitted for prohibitions under RSA 359-V:4. 

 III. The department may recommend participants be removed from the program for undue risk to public safety or violations of applicable laws. 

 359-V:6 Enforcement. 

 I. The attorney general