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OLR Bill Analysis
sSB 1103 (File 228, as amended by Senate “A”)*
AN ACT CONCERNING ARTIFICIAL INTELLIGENCE, AUTOMATED
DECISION-MAKING AND PERSONAL DATA PRIVACY.
SUMMARY
This bill requires the executive and judicial branches to (1) conduct
an inventory of all their systems that employ artificial intelligence (AI)
and (2) develop and set policies and procedures on developing,
procuring, using, and assessing systems that use AI. It also requires
them to publicly post the inventory and policies and procedures online.
Beginning February 1, 2024, the bill prohibits the executive and
judicial branches from implementing any system that uses AI unless
they have done an impact assessment to ensure the system will not
result in any unlawful discrimination or disparate impact against
specified individuals or groups (e.g., age and race). It also establishes a
21-member working group to make recommendations to the General
Law Committee on certain issues concerning AI. Among other things,
the working group must engage stakeholders and experts on how to
develop best practices for the ethical and equitable use of AI in state
government.
Separately, the bill prohibits state contracting agencies from entering
a contract unless it has a provision requiring the business to comply
with the consumer data privacy law.
*Senate Amendment “A” (1) eliminates the requirement in the
underlying bill that the Office of Policy and Management (OPM) and
the Department of Administrative Services (DAS) designate officers to
develop procedures and inventory state use of automated systems; (2)
modifies the requirements for inventories and policies and procedures;
(3) requires the judicial branch to conduct an inventory and establish
policies and procedures; (4) requires inventories and policies and 2023SB-01103-R01-BA.DOCX
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procedures on AI instead of automated systems; (5) eliminates the
Connecticut AI Advisory Board in the underlying bill; (6) replaces the
task force in the underlying bill with a working group to study similar
issues; and (7) delays the effective date of the consumer data privacy
contract requirement from July 1, 2023, to October 1, 2023.
EFFECTIVE DATE: July 1, 2023, except the working group provision
is effective upon passage and the consumer data privacy provision is
effective October 1, 2023.
§ 1-3 & 5 — AI DEFINITION
Under the bill, “AI” means (1) a set of techniques, including machine
learning, that is designed to approximate a cognitive task or (2) an
artificial system that meets certain criteria. These criteria are as follows:
1. performs tasks under varying and unpredictable circumstances
without significant human oversight or can learn from
experience and improve performance when exposed to data sets;
2. is developed in any context, including software or physical
hardware, and solves tasks requiring human-like perception,
cognition, planning, learning, communication, or physical action,
or
3. is designed to (a) think or act like a human, including a cognitive
architecture or neural network, or (b) act rationally, including an
intelligent software agent or embodied robot that achieves goals
using perception, planning, reasoning, learning, communication,
decision-making, or action.
§§ 1 & 3 — AI INVENTORY
The bill requires DAS, beginning by December 31, 2023, to annually
conduct an inventory of all systems that employ AI that executive
branch state agencies use. It also requires the judicial branch, beginning
by this same date, to conduct an annual inventory of systems the branch
uses. A state agency is any department, board, council, commission, or
institution, including the offices of the governor, lieutenant governor,
state treasurer, attorney general, secretary of the state, and state 2023SB-01103-R01-BA.DOCX
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comptroller and all operations of an executive branch agency that are
funded by the General Fund or a special fund (CGS § 4d-1).
The bill requires that each inventory include at least the following
information for each system:
1. the name of the system and its vendor, if any;
2. a description of the system’s general capabilities and uses; and
3. whether the system (a) was used to independently make, inform,
or materially support a conclusion, decision, or judgment and (b)
underwent an impact assessment prior to implementation.
The bill requires (1) DAS to make these inventories publicly available
through the state’s open data portal and (2) the judicial branch to make
them available on its website.
Ongoing Assessments
Beginning February 1, 2024, the bill requires DAS to do ongoing
assessments of systems that employ AI that state agencies use to ensure
that no system will result in any unlawful discrimination or disparate
impact against specified individuals or groups (see below). DAS must
do these assessments following policies and procedures OPM
establishes (see below).
Beginning February 1, 2024, the bill similarly requires the judicial
branch to do ongoing assessments for this same purpose.
§§ 2 & 3 — AI POLICIES AND PROCEDU RES
The bill requires OPM to develop and establish policies and
procedures by February 1, 2024, on the development, procurement,
implementation, utilization, and ongoing assessment of systems that
employ AI that state agencies use. It separately requires the judicial
branch, by this same date, to develop and establish policies and
procedures that address these same subjects with respect to the branch’s
systems that employ AI.
The bill requires, at a minimum, that OPM’s and the judicial branch’s 2023SB-01103-R01-BA.DOCX
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policies and procedures include provisions that:
1. govern the procurement, implementation, and ongoing
assessment of the systems;
2. are sufficient to ensure that no system (a) results in any unlawful
discrimination against any individual or group of individuals, or
(b) has any unlawful disparate impact on any individual or group
of individuals on the basis of any actual or perceived
differentiating characteristic, including 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;
3. require a state agency or the branch to assess a system’s likely
impact before implementing it; and
4. provide for DAS or the branch to do ongoing assessments of the
systems to ensure that no system results in any unlawful
discrimination or disparate impact.
The bill allows OPM or the branch to revise the policies and
procedures if the OPM secretary or chief court administrator determines
a revision is needed. OPM and the branch must post the policies and
procedures and any revision on their websites.
Beginning February 1, 2024, the bill prohibits state agencies and the
judicial branch from implementing any system that employs AI:
1. unless the agency or branch has performed an impact assessment
in accordance with the policies and procedures to ensure the
system will not result in any unlawful discrimination or
disparate impact and
2. if the agency head or the chief court administrator, as applicable,
determines that the system will result in any unlawful
discrimination or disparate impact. 2023SB-01103-R01-BA.DOCX
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§ 5 — AI WORKING GROUP
The bill establishes a 21-member working group to make
recommendations to the General Law Committee on certain issues
concerning AI. The working group is part of the legislative branch and
must engage stakeholders and experts to:
1. make recommendations concerning, and develop best practices
for, the ethical and equitable use of AI in state government;
2. make recommendations concerning the policies and procedures
the bill requires (see above);
3. 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 (a) regulating AI’s use in the
private sector based on, among other things, the blueprint, and
(b) adopting a Connecticut AI bill of rights based on the
blueprint; and
4. make recommendations on adopting other legislation concerning
AI.
Voting Members
Under the bill, the working group includes the following 10 voting
members with their qualifications listed in the table below. In addition
to the qualifications noted in the table, all voting members must have
professional experience or academic qualifications in matters pertaining
to AI, automated systems, government policy, or another related field.
Table: Voting Task Force Member Appointment and Qualifications
Appointing Authority Member Qualifications
House speaker Representative of industries developing AI
Senate president pro tempore Representative of industries using AI
House majority leader Academic with a concentration in the study
of technology and technology policy
Senate majority leader Academic with a concentration in the study
of government and public policy
House minority leader Representative of an Industry association
for industries developing AI 2023SB-01103-R01-BA.DOCX
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Appointing Authority Member Qualifications
Senate minority leader Representative of an industry association
for industries using AI
General Law Committee chairpersons (one
appointment each)
Not specified
Governor Two Connecticut Academy of Science and
Engineering (CASE) members
The bill requires that initial appointments be made within 30 days
after the bill’s passage, and appointing authorities must fill any
vacancies. Any working group action must be taken by a majority vote
of all voting members present, and no action may be taken unless at least
50% of voting members are present.
Non-Voting Ex-Officio Members
The working group also includes 11 nonvoting, ex-officio members.
These members are the General Law Committee chairpersons and the
following officials or their designees:
1. attorney general;
2. state comptroller;
3. state treasurer;
4. DAS commissioner;
5. chief data officer;
6. Freedom of Information Commission executive director;
7. Commission on Women, Children, Seniors, Equity and
Opportunity executive director;
8. chief court administrator; and
9. CASE executive director.
Chairpersons and Meetings
The bill makes the General Law Committee chairpersons and the
CASE executive director the working group’s chairpersons. They must 2023SB-01103-R01-BA.DOCX
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schedule the group’s first meeting within 60 days after the bill’s passage.
The bill requires the General Law Committee’s administrative staff to
serve as the working group’s administrative staff.
Report
The bill requires the working group to submit a report on its findings
and recommendations to the General Law Committee by February 1,
2024. The working group terminates on this date or the date it submits
the report, whichever is later.
§ 4 — CONSUMER DATA PRIVAC Y LAW
Beginning July 1, 2023, existing law (i.e., the consumer data privacy
law) sets a framework for controlling and processing personal data. The
framework requires a controller (i.e., an individual or legal entity that
determines the purpose and means of processing personal data) to limit
the collection of personal data and establish security practices, among
other things.
Contract Requirement
Regardless of any state law, the bill prohibits state contracting
agencies from entering any contract with a business on or after October
1, 2023, unless the contract contains a provision requiring the business
to comply with all applicable provisions of the consumer data privacy
law.
By law, a state contracting agency is an executive branch agency,
board, commission, department, office, institution, or council. The
definition excludes (1) the offices of the Secretary of the State, State
Treasurer, State Comptroller, and Attorney General with respect to their
constitutional functions and (2) any state agency with respect to
contracts specific to the constitutional and statutory functions of the
Office of the State Treasurer (CGS § 4e-1).
COMMITTEE ACTION
General Law Committee
Joint Favorable Substitute 2023SB-01103-R01-BA.DOCX
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Yea 23 Nay 0 (03/09/2023)
Appropriations Committee
Joint Favorable
Yea 45 Nay 8 (05/08/2023)