AI Legislation Moves Forward

By Published On: March 31, 2023

TechCA is tracking bills related to artificial intelligence, including legislation that would establish the Office of Artificial Intelligence, require a comprehensive inventory of all “high-risk automated decision systems,” mandate civil rights impact assessments for automated decision tools, create an interagency AI working group across all state agencies, and establish a comprehensive research plan to study the feasibility of using advanced technology to improve state and local government services. 

Details include:

AB 302(Ward, D) Department of Technology: high-risk automated decision systems: inventory.

Current Text: 03/23/2023 – Amended HTML PDF

Last Amended: 03/23/2023

Status: 03/27/2023 – Re-referred to Com. on APPR.

Location: 03/21/2023 – Assembly  APPR.

Summary:  Would require the Department of Technology, in coordination with other interagency bodies, to conduct, on or before September 1, 2024, a comprehensive inventory of all high-risk automated decision systems, as defined, that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, state agencies. The bill would require the comprehensive inventory to include a description of, among other things, the categories of data and personal information the automated decision system uses to make its decisions. On or before January 1, 2025, and annually thereafter, the bill would require the department to submit a report of the above-described comprehensive inventory to specified committees of the Legislature. (Based on  03/23/2023 text)

Analysis: 03/18/23 A Privacy And Consumer Protection (text 01/26/23)

 

AB 331(Bauer-Kahan, D) Automated decision tools.

Current Text: 03/30/2023 – Amended HTML PDF

Last Amended: 03/30/2023

Status: 03/30/2023 – From committee chair, with author’s amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

Location: 03/16/2023 – Assembly  P. & C.P.

Summary:  Would, among other things, require a deployer, as defined, and a developer of an automated decision tool, as defined, to, on or before January 1, 2025, and annually thereafter, perform an impact assessment for any automated decision tool the deployer uses that includes, among other things, a statement of the purpose of the automated decision tool and its intended benefits, uses, and deployment contexts. The bill would require a deployer or developer to provide the impact assessment to the Civil Rights Department within 60 days of its completion and would punish a violation of that provision with an administrative fine of not more than $10,000 to be recovered in an administrative enforcement action brought by the Civil Rights Department.  (Based on  03/30/2023 text)

 

SB 313(Dodd, D) Department of Technology: Office of Artificial Intelligence.

Current Text: 02/06/2023 – Introduced HTML PDF

Status: 03/28/2023 – Set for hearing April 11.

Location: 02/15/2023 – Senate  G.O.

Summary:  Would establish, within the Department of Technology, the Office of Artificial Intelligence, and would grant the office the powers and authorities necessary to guide the design, use, and deployment of automated systems by a state agency to ensure that all AI systems are designed and deployed in a manner that is consistent with state and federal laws and regulations regarding privacy and civil liberties and that minimizes bias and promotes equitable outcomes for all Californians. (Based on  02/06/2023 text)

 

SB 398(Wahab, D) Department of Justice: advanced technology: research.

Current Text: 03/22/2023 – Amended HTML PDF

Last Amended: 03/22/2023

Status: 03/29/2023 – Re-referred to Coms. on PUB S. and G.O.

Location: 03/29/2023 – Senate  PUB. S.

Summary:  Current law establishes the Department of Technology, within the Government Operations Agency, under the supervision of the Director of Technology. Current law requires the director to, among other things, provide technology direction to agency and department chief information officers to ensure the integration of statewide technology initiatives, compliance with information technology policies and standards, and the promotion of the alignment and effective management of information technology services. This bill, the Government Services Advanced Technology Act, would require the Department of Justice, upon appropriation by the Legislature, to develop and implement a comprehensive research plan to study the feasibility of using advanced technology to improve state and local government services. The bill would require the research plan to include, among other things, an analysis of the potential benefits and risks of using artificial intelligence technology to assist disaster victims in finding and applying for disaster relief funds and to assist individuals in determining their eligibility for various public benefits programs. The bill would require the department, on or before January 1, 2026, to provide a report to the Legislature on the findings of its research. (Based on  03/22/2023 text)

 

SB 721(Becker, D) California Interagency AI Working Group.

Current Text: 03/22/2023 – Amended HTML PDF

Last Amended: 03/22/2023

Status: 03/29/2023 – Re-referred to Coms. on G.O. and JUD.

Location: 03/29/2023 – Senate  G.O.

Summary:  Would, until January 1, 2030, create the California Interagency AI Working Group to deliver a report to the Legislature, as prescribed, regarding artificial intelligence. The bill would require the working group members to be Californians with expertise in at least 2 of certain areas, including computer science, artificial intelligence, and data privacy. The bill would require the report to the Legislature to include, among other things, a recommendation of a definition of artificial intelligence as it pertains to its use in technology for use in legislation. (Based on  03/22/2023 text)

 

SCR 17(Dodd, D) Artificial intelligence.

Current Text: 01/30/2023 – Introduced HTML PDF

Status: 02/23/2023 – Referred to Com. on P. & C.P.

Location: 02/23/2023 – Assembly  P. & C.P.

Summary:  Would affirm the California Legislature’s commitment to President Biden’s vision for a safe AI and the principles outlined in the “Blueprint for an AI Bill of Rights” and would express the Legislature’s commitment to examining and implementing those principles in its legislation and policies related to the use and deployment of automated systems. (Based on  01/30/2023 text)

Analysis: 02/08/23  S Floor Analyses (text 01/30/23)

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