KRS § 42.731 — KY Code / Title VI / Chapter 42 / Section 42.731
42.731 Duties of Artificial Intelligence Governance Committee -- Duties of Commonwealth Office of Technology regarding artificial intelligence systems -- Establishment of policies and operating standards on use of artificial intelligence by state agencies -- Report -- Administrative regulations
Status: in_force

42.731 Duties of Artificial Intelligence Governance Committee -- Duties of

Commonwealth Office of Technology regarding artificial intelligence systems -

- Establishment of policies and operating standards on use of artificial

intelligence by state agencies -- Report -- Administrative regulations.

(1) The Commonwealth Office of Technology shall create an Artificial Intelligence

Governance Committee to govern the use of artificial intelligence systems by state

departments, state agencies, and state administrative bodies by:

(a) Developing policy standards and guiding principles to mitigate risks and

protect data and privacy of Kentucky citizens and businesses that adhere to

the latest version of Standard ISO/IEC 42001 of the International

Organization for Standardization;

(b) Establishing technology standards to provide protocols and requirements for

the use of generative artificial intelligence and high-risk artificial intelligence

systems;

(c) Ensuring transparency in the use of artificial intelligence systems;

(d) Maintaining a centralized registry to include current inventory of generative

artificial intelligence systems and high-risk artificial intelligence systems; and

(e) Developing an approval process to include a registry of application, use case,

and decision rationale aimed at mitigation of risks.

(2) The Artificial Intelligence Governance Committee shall develop policies and

procedures to ensure that any department, program, cabinet, agency, or

administrative body that utilizes and accesses the Commonwealth's information

technology and technology infrastructure shall:

(a) Verify the use and development of generative artificial intelligence systems

and high-risk artificial intelligence systems; and

(b) Act in compliance with responsible, ethical, and transparent procedures to

implement the use of artificial intelligence technologies by:

1. Ensuring artificial intelligence models have comprehensive and

complete documentation that is available for review and inspection;

2. Requiring review and intervention by humans dependent on the use case

and potential risk for all outcomes from generative and high-risk

artificial intelligence systems; and

3. Ensuring the use of generative artificial intelligence and high-risk

artificial intelligence systems are resilient, accountable, and explainable.

(3) The Commonwealth Office of Technology shall prioritize personal privacy and the

protection of the data of individuals and businesses as the state develops,

implements, employs, and procures artificial intelligence systems, generative

artificial intelligence systems, and high-risk artificial intelligence systems by

ensuring all departments, agencies, and administrative bodies:

(a) Allow only the use of necessary data in artificial intelligence systems;

(b) Do not allow unrestricted access to personal data controlled by the

Commonwealth; and

(c) Secure all data and implement a timeframe for data retention.

(4) To maintain and secure the technology infrastructure, information technology,

information resources, and personal information, all departments, agencies, and

administrative bodies shall be subject to review of generative artificial intelligence

systems or high-risk artificial intelligence systems.

(5) At a minimum, the executive director of the Commonwealth Office of Technology

shall consider and document:

(a) How the artificial intelligence system will not result in unlawful

discrimination against any individual or group of individuals;

(b) How the use of generative artificial intelligence or other artificial intelligence

capabilities will benefit the citizens of the Commonwealth and serve the

objectives of the department or agency;

(c) To what extent oversight and human interaction of the artificial intelligence

system should be required;

(d) The potential risks, including cybersecurity, data protection and privacy, and

health and safety of individuals and businesses, and a mitigation strategy to

any identified or potential risk; and

(e) The proper control and management for all data possessed by the

Commonwealth to maintain security and data quality.

(6) (a) A department, agency, or administrative body shall disclose to the public,

through a clear and conspicuous disclaimer, when generative artificial

intelligence, artificial intelligence systems, or other artificial intelligence-

related capabilities are used:

1. To render any decision regarding individual citizens or businesses

within the state;

2. In any process, or to produce materials used by the system or humans, to

inform a decision or create an output; or

3. To produce information or outputs accessible by citizens and businesses.

(b) When an artificial intelligence system makes external decisions related to

citizens of the Commonwealth, a department, agency, or administrative body

shall:

1. Disclose how artificial intelligence is used in the decision-making

process;

2. Provide the extent of human involvement in validating and oversight of

any decision made; and

3. Make readily available options for individuals to appeal a consequential

decision that involves artificial intelligence.

(c) Any disclaimer under paragraph (a) of this subsection shall also provide

information regarding third-party artificial intelligence products or programs,

including but not limited to information as to how the high-risk artificial

intelligence system or generative artificial intelligence system works, such as

system cards or other documented information provided by developers.

(7) The Commonwealth Office of Technology shall establish policies to encompass

legal and ethical frameworks to ensure that any artificial intelligence systems shall

align with existing laws, administrative regulations, and guidelines, which shall be

updated at least annually to maintain compliance as technology and industry best

practices evolve.

(8) (a) Operating standards for utilization of high-risk artificial intelligence systems

shall prohibit the use of a high-risk artificial intelligence system to render a

consequential decision without the design and implementation of a risk

management policy and program for high-risk artificial intelligence systems.

The risk management policy shall:

1. Specify principles, process, and personnel that shall be utilized to

maintain the risk management program; and

2. Identify, mitigate, and document any bias or potential bias that is a

potential consequence of use in making a consequential decision.

(b) Each risk management policy designed and implemented shall at a minimum

adhere to the latest version of Standard ISO/IEC 42001 of the International

Organization for Standardization or another national or internationally

recognized risk management framework for artificial intelligence systems,

and consider the:

1. Size and complexity of the deployer;

2. Nature, scope, and intended use of the high-risk artificial intelligence

system and its deployer; and

3. Sensitivity and volume of data processed.

(9) This section and KRS 42.722 and 42.726 shall not be construed to require the

disclosure of trade secrets, confidential or proprietary information about the design

or use of an artificial intelligence system, or any information which would create a

security risk.

(10) The Commonwealth Office of Technology shall provide education and training of

employees about the benefits and risks of artificial intelligence and allowable use

policies.

(11) (a) The Commonwealth Office of Technology shall transmit reports to the

Legislative Research Commission and the Interim Joint Committee on State

Government by December 1, 2025, and annually every year thereafter. The

reports shall include:

1. The artificial intelligence registry, which shall include the current

inventory and use case of artificial intelligence utilized in state

government;

2. Applications received for use of artificial intelligence, including the

decision and rationale in approving or disapproving a request in

compliance with subsection (5)(c) of this section; and

3. Third-party artificial intelligence developers, system administrators,

providers, and contractors submitted for review in compliance with

subsection (5) of this section.

(b) To facilitate the report in paragraph (a) of this subsection, the Commonwealth

Office of Technology shall receive from each department, agency, and

administrative body a report examining and identifying potential use cases for

the deployment of generative artificial intelligence systems and high-risk

artificial intelligence systems, including a description of the benefits and risks

to individuals, communities, government, and government employees.

(12) The Commonwealth Office of Technology shall promulgate administrative

regulations in accordance with KRS Chapter 13A to implement this section and

KRS 42.726 by December 1, 2025.