(1) Notwithstanding any provision of this part 3 to the contrary, this part 3 does not apply to:
(a) An agency that:
(I) Is required to use a specific facial recognition service pursuant to a federal regulation or order, or that uses a facial recognition service in partnership with a federal agency to fulfill a congressional mandate, fulfill aviation security directives, or comply with federal law;
(II) Uses a facial recognition service in association with a federal agency to verify the identity of individuals presenting themselves for travel at an airport; or
(III) Uses a facial recognition service in connection with a physical access control system in order to grant or deny access to a secure area;
(b) The use of a facial recognition service solely for research purposes by a state agency so long as the use does not result in or affect any decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals; or
(c) A utility.
Source: L. 2022: Entire part added, (SB 22-113), ch. 463, p. 3292, § 4, effective August 10.