MODEL BILLS

Control on Government Use of Artificial Intelligence Act

Summary: The Control on Government Use of Artificial Intelligence Act is designed to inventory, review and limit state use of artificial intelligence and create a permanent working group to determine when governments can ethically and accurately use artificial intelligence tools.

Based on Connecticut SB 1103 (2023)

SECTION 1. SHORT TITLE

This Act shall be called the “Control on Government Use of Artificial Intelligence Act.”

SECTION 2. FINDINGS AND PURPOSE

(A) FINDINGS—The legislature finds that:

1) Artificial intelligence has been discussed and developed over several decades, however, in just the past year, ChatGPT became the fasted-adopted online service and the use of artificial intelligence has exploded.

2) Governments have used versions of artificial intelligence tools, including automated decision-making, without necessarily evaluating whether the tools work and whether they might be discriminatory or otherwise inequitable.

3) Algorithms built into artificial intelligence have no ingrained morality. They can, for example, perpetuate racial bias.

4) It is essential for government agencies to inventory their systems and ensure that any artificial intelligence tools are working equitably and effectively.

SECTION 3. INVENTORY AND CONTROL OF ARTIFICIAL INTELLIGENCE TOOLS

After section XXX, the following new section XXX shall be inserted:

(A) DEFINITIONS—In this Section:

1) “Artificial intelligence” means a set of techniques, including, but not limited to, machine learning, that is designed to approximate a cognitive task or an artificial system that:

a) Performs tasks under varying and unpredictable circumstances without significant human oversight or can learn from experience and improve such performance when exposed to data sets; or

b) Is developed in any context, including, but not limited to, software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication or physical action; or

c) Is designed to (i) think or act like a human, including, but not limited to, a cognitive architecture or neural network, or (ii) act rationally, including, but not limited to, an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communication, decision-making or action.

2) “State agency” has the same meaning as provided in [Section XXX general statutes].

(B) INVENTORY OF ARTIFICIAL INTELLIGENCE

1) Not later than December 31, 2023, and annually thereafter, the [Department of Administrative Services] shall conduct an inventory of all systems that employ artificial intelligence and are in use by any state agency. Each such inventory shall include at least the following information for each such system:

a) The name of such system and the vendor, if any, that provided such system;

b) A description of the general capabilities and uses of such system;

c) Whether such system was used to independently make, inform or materially support a conclusion, decision or judgment; and

d) Whether such system underwent an impact assessment prior to implementation.

2) The [Department of Administrative Services] shall make each such inventory publicly available on the state’s [open data portal].

3) Beginning on February 1, 2024, the [Department of Administrative Services] shall perform ongoing assessments of systems that employ artificial intelligence and are in use by state agencies to ensure that no such system shall result in any unlawful discrimination or disparate impact.

(C) AI POLICIES AND PROCEDURES

1) Not later than February 1, 2024, the [Office of Policy and Management] shall develop and establish policies and procedures concerning the development, procurement, implementation, utilization and ongoing assessment of systems that employ artificial intelligence and are in use by state agencies. Such policies and procedures shall, at a minimum, include policies and procedures that:

a) Govern the procurement, implementation and ongoing assessment of such systems by state agencies;

b) Are sufficient to ensure that no such system results in any unlawful discrimination against any individual or group of individuals, or has any unlawful disparate impact on any individual or group of individuals on the basis of any actual or perceived differentiating characteristic, including, but not limited to, age, genetic information, color, ethnicity, race, creed, religion, national origin, ancestry, sex, gender identity or expression, sexual orientation, marital status, familial status, pregnancy, veteran status, disability or lawful source of income;

c) Require a state agency to assess the likely impact of any such system before implementing such system; and

d) Provide for the [Department of Administrative Services] to perform ongoing assessments of such systems to ensure that no such system results in any unlawful discrimination or disparate impact.

2) The [Office of Policy and Management] may revise the policies and procedures established pursuant to this subsection if the [Secretary] determines that such revision is necessary.

3) The [Office of Policy and Management] shall post the policies and procedures established pursuant to this subsection and any revision made to such policies and procedures on the office’s Internet web site.

(D) COMPLIANCE WITH AI POLICIES

1) Beginning on March 1, 2024, no state agency shall implement any system that employs artificial intelligence unless the state agency has performed an impact assessment, in accordance with the policies and procedures established pursuant to this section, to ensure that such system will not result in any unlawful discrimination or disparate impact.

2) Beginning on March 1, 2024, no state contracting agency shall enter into any contract with a business unless such contract contains a provision requiring the business to comply with all applicable provisions of these sections of the general statutes.

(E) AI WORKING GROUP

1) There is established a working group to engage stakeholders and experts to:

a) Make recommendations concerning, and develop best practices for, the ethical and equitable use of artificial intelligence in state government;

b) Make recommendations concerning the policies and procedures developed pursuant to this act;

c) Assess the White House Office of Science and Technology Policy’s “Blueprint for an AI Bill of Rights” and similar materials and make recommendations concerning the regulation of the use of artificial intelligence in the private sector based, among other things, on said blueprint, and adoption of a state artificial intelligence bill of rights based on said blueprint; and

d) Make recommendations concerning the adoption of other legislation concerning artificial intelligence.

2) The working group shall be part of the [Legislative Department] and consist of the following voting members: (a) One appointed by the speaker of the House of Representatives, who shall be a representative of the industries that are developing artificial intelligence; (b) one appointed by the president pro tempore of the Senate, who shall be a representative of the industries that are using artificial intelligence; (c) one appointed by the majority leader of the House of Representatives, who shall be an academic with a concentration in the study of technology and technology policy; (d) one appointed by the majority leader of the Senate, who shall be an academic with a concentration in the study of government and public policy; (e) one appointed by the minority leader of the House of Representatives, who shall be a representative of an industry association representing the industries that are developing artificial intelligence; (f) one appointed by the minority leader of the Senate, who shall be a representative of an industry association representing the industries that are using artificial intelligence; (g) one appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to general law; (h) one appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to general law; and (i) two appointed by the Governor, who shall be members of the state Academy of Science and Engineering.

3) All voting members appointed pursuant to this subdivision shall have professional experience or academic qualifications in matters pertaining to artificial intelligence, automated systems, government policy or another related field.

4) All initial appointments to the working group shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

5) Any action taken by the working group shall be taken by a majority vote of all members present who are entitled to vote, provided no such action may be taken unless at least fifty per cent of such members are present.

6) The working group shall include the following nonvoting, ex-officio members: (a) The House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to general law; (b) the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to general law; (c) the Attorney General, or the Attorney General’s designee; (d) the Comptroller, or the Comptroller’s designee; (e) the Treasurer, or the Treasurer’s designee; (f) the Commissioner of Administrative Services, or said commissioner’s designee; (g) the Chief Data Officer, or said officer’s designee; (h) the executive director of the Freedom of Information Commission, or said executive director’s designee; (i) the executive director of the Commission on Women, Children, Seniors, Equity and Opportunity, or said executive director’s designee; (j) the Chief Court Administrator, or said administrator’s designee; and (k) the executive director of the state Academy of Science and Engineering, or said executive director’s designee.

7) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to general law shall serve as administrative staff of the working group.

8) Not later than February 1, 2024, the working group shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to general law, in accordance with the provisions of section 11-4a of the general statutes. The working group shall terminate on the date that the working group submits such report or February 1, 2024, whichever is later.

SECTION 4. EFFECTIVE DATE

This law shall become effective on XXXX 1, 202X.