In one paragraph
Kentucky's SB 4 (2025) governs state government's use of AI. The Commonwealth Office of Technology must create an Artificial Intelligence Governance Committee, set standards for agencies' use of generative and high-risk AI, keep a registry of those systems and report yearly. Agencies must disclose AI use to the public, explain AI-driven decisions and offer appeals of consequential decisions. A candidate whose appearance, action or speech is altered with synthetic media in an electioneering communication may sue the sponsor to require a clear disclosure. Signed March 24, 2025 (Acts Ch. 66); emergency act, effective on signing.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Duties fall on state agencies; AI vendors to Kentucky agencies face COT standards, review and disclaimers describing their products. Sponsors of election ads using synthetic media of a candidate can be sued to add a clear disclosure.
Key provisions
- Amends KRS 42.722 to define AI terms, including generative AI and high-risk AI systems: systems that are a substantial factor in, or intended to make, consequential decisions with a material legal or similarly significant effect on services, cost or terms for any citizen or business
- The Commonwealth Office of Technology (COT) creates an AI Governance Committee to govern state agencies' AI use: policy standards aligned with ISO/IEC 42001, technology standards for generative and high-risk AI, a centralized registry of those systems, and an approval process recording use case and decision rationale
- Agencies must post a clear and conspicuous disclaimer when AI is used to render decisions about citizens or businesses, inform decisions, or produce information for the public (with information on third-party AI products such as system cards); for AI decisions about citizens they must explain how AI is used and the human oversight, and offer ways to appeal a consequential decision
- High-risk AI may not render a consequential decision without a risk management policy and program that identifies, mitigates and documents bias, following ISO/IEC 42001 or another recognized AI risk framework; COT's executive director must consider and document how a system avoids unlawful discrimination, the human oversight needed, and its risks and mitigation
- Agencies may use only necessary data in AI systems, may not allow unrestricted access to personal data, and must set data retention timeframes; trade secrets and security-sensitive information need not be disclosed. COT trains employees, adopts regulations, and reports the AI registry, AI-use applications with decisions and rationale, and third-party AI vendors reviewed to the Legislative Research Commission and the Interim Joint Committee on State Government by December 1, 2025 and yearly
- Synthetic media (new section of KRS Chapter 117): realistic but false audio or video of an identifiable person, made with generative adversarial network techniques without consent. A candidate depicted in an electioneering communication (sent within 45 days before a primary or regular election) may seek an injunction requiring a clear and conspicuous disclosure, proving use by clear and convincing evidence; the court may award attorney's fees and costs to a prevailing party
- Including a clear and conspicuous disclosure is an affirmative defense; failing to obey a court order to add the disclosure carries the penalties of KRS 121.990(3). The medium and its ad sales representative are not liable unless they intentionally remove a disclosure and do not pull the ad or restore the disclosure when notified, or alter content so it becomes synthetic media (federally licensed broadcasters transmitting ads subject to 47 U.S.C. 315 excepted)
- Signed by the Governor March 24, 2025 (Acts Ch. 66); emergency clause, effective on the Governor's approval March 24, 2025
Latest legislative action
Mar 24, 2025. Signed by Governor (Acts Ch. 66)
Sponsors
| Name | Role | District |
|---|---|---|
| Amanda Mays Bledsoe R | Sponsor | SD-012 |
| Brandon Storm R | Sponsor | SD-021 |
Roll call votes
H House: Third Reading RCS# 236 Mar 13, 2025
86 yea10 nay4 otherPassed
S Senate: Third Reading RSN# 3513 Mar 13, 2025
33 yea4 nay1 otherPassed
S Senate: Third Reading RSN# 3413 Feb 28, 2025
30 yea3 nay5 otherPassed
Amendments (2)
-
Senate Floor Amendment Not adopted
-
House Committee Substitute Not adopted
Topics and industries
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error