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General Assembly Substitute Bill No. 2
February Session, 2024
AN ACT CONCERNING ARTIFICIAL INTELLIGENCE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2024) For the purposes of this 1
section and sections 2 to 9, inclusive, of this act, unless the context 2
otherwise requires: 3
(1) "Algorithmic discrimination" (A) means any condition in which 4
an artificial intelligence system materially increases the risk of any 5
unjustified differential treatment or impact that disfavors any 6
individual or group of individuals on the basis of their actual or 7
perceived age, color, disability, ethnicity, genetic information, limited 8
proficiency in the English language, national origin, race, religion, 9
reproductive health, sex, veteran status or other classification protected 10
under the laws of this state, and (B) does not include (i) any offer, license 11
or use of an artificial intelligence system by a developer or deployer for 12
the sole purpose of (I) the developer's or deployer's self-testing to 13
identify, mitigate or prevent discrimination or otherwise ensure 14
compliance with state and federal law, or (II) expanding an applicant, 15
customer or participant pool to increase diversity or redress historic 16
discrimination, or (ii) any act or omission by or on behalf of a private 17
club or other establishment not in fact open to the public, as set forth in 18
Title II of the Civil Rights Act of 1964, 42 USC 2000a(e), as amended from 19
time to time; 20 Substitute Bill No. 2
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(2) "Artificial intelligence system" means any machine-based system 21
that, for any explicit or implicit objective, infers from the inputs such 22
system receives how to generate outputs, including, but not limited to, 23
content, decisions, predictions or recommendations, that can influence 24
physical or virtual environments; 25
(3) "Consequential decision" means any decision that has a material 26
legal or similarly significant effect on any consumer's access to, or 27
availability, cost or terms of, any criminal justice remedy, education 28
enrollment or opportunity, employment or employment opportunity, 29
essential good or service, financial or lending service, essential 30
government service, health care service, housing, insurance or legal 31
service; 32
(4) "Consumer" means any individual who is a resident of this state; 33
(5) "Deploy" means to use a generative artificial intelligence system 34
or high-risk artificial intelligence system; 35
(6) "Deployer" means any person doing business in this state that 36
deploys (A) a generative artificial intelligence system, or (B) a high-risk 37
artificial intelligence system; 38
(7) "Developer" means any person doing business in this state that 39
develops, or intentionally and substantially modifies, (A) a general-40
purpose artificial intelligence model, (B) a generative artificial 41
intelligence system, or (C) a high-risk artificial intelligence system; 42
(8) "General-purpose artificial intelligence model" (A) means any 43
form of artificial intelligence system that (i) displays significant 44
generality, (ii) is capable of competently performing a wide range of 45
distinct tasks, and (iii) can be integrated into a variety of downstream 46
applications or systems, and (B) does not include any artificial 47
intelligence model that is used for development, prototyping and 48
research activities before such model is released on the market; 49
(9) "Generative artificial intelligence system" means any artificial 50 Substitute Bill No. 2
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intelligence system, including, but not limited to, a general-purpose 51
artificial intelligence model, that is able to produce or manipulate 52
synthetic digital content; 53
(10) "High-risk artificial intelligence system" means any artificial 54
intelligence system that has been specifically developed and marketed, 55
or intentionally and substantially modified, to make, or be a controlling 56
factor in making, a consequential decision; 57
(11) "Intentional and substantial modification" means any deliberate 58
change made to (A) a generative artificial intelligence system, other than 59
a change made to a generative artificial intelligence system as a result of 60
learning after the generative artificial intelligence system has been 61
deployed, that (i) affects compliance of the generative artificial 62
intelligence system, or (ii) changes the purpose of the generative 63
artificial intelligence system, or (B) a high-risk artificial intelligence 64
system that creates, or potentially creates, any new risk of algorithmic 65
discrimination; 66
(12) "Person" means any individual, association, corporation, limited 67
liability company, partnership, trust or other legal entity; and 68
(13) "Synthetic digital content" means any digital content, including, 69
but not limited to, any audio, image, text or video, that is produced or 70
manipulated by a generative artificial intelligence system. 71
Sec. 2. (NEW) (Effective October 1, 2024) (a) Beginning on July 1, 2025, 72
each developer shall use reasonable care to protect consumers from any 73
known or reasonably foreseeable risks of algorithmic discrimination. In 74
any enforcement action brought on or after said date by the Attorney 75
General or the Commissioner of Consumer Protection pursuant to 76
section 9 of this act, there shall be a rebuttable presumption that a 77
developer used reasonable care as required under this subsection if the 78
developer complied with the provisions of this section. 79
(b) Beginning on July 1, 2025, and except as provided in subsection 80
(f) of this section, no developer shall offer, sell, lease, license, give or 81 Substitute Bill No. 2
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otherwise make available to a deployer a high-risk artificial intelligence 82
system unless the developer also makes available to the deployer: 83
(1) A general statement describing the intended uses of such high-84
risk artificial intelligence system; and 85
(2) Documentation (A) disclosing (i) known or reasonably foreseeable 86
limitations of such high-risk artificial intelligence system, including, but 87
not limited to, known or reasonably foreseeable risks of algorithmic 88
discrimination arising from the intended uses of such high-risk artificial 89
intelligence system, (ii) the purpose of such high-risk artificial 90
intelligence system, and (iii) the intended benefits and uses of such high-91
risk artificial intelligence system, and (B) describing (i) the type of data 92
used to train such high-risk artificial intelligence system, (ii) how such 93
high-risk artificial intelligence system was evaluated for performance 94
and relevant information related to explainability before such high-risk 95
artificial intelligence system was offered, sold, leased, licensed, given or 96
otherwise made available to a deployer, (iii) the data governance 97
measures used to cover the training datasets and the measures used to 98
examine the suitability of data sources, possible biases and appropriate 99
mitigation, (iv) the intended outputs of such high-risk artificial 100
intelligence system, (v) the measures the developer has taken to mitigate 101
any known or reasonably foreseeable risks of algorithmic discrimination 102
that may arise from deployment of such high-risk artificial intelligence 103
system, and (vi) how such high-risk artificial intelligence system will be 104
used or monitored by an individual when such high-risk artificial 105
intelligence system is used to make, or as a controlling factor in making, 106
a consequential decision. 107
(c) Except as provided in subsection (f) of this section, any developer 108
that, on or after July 1, 2025, offers, sells, leases, licenses, gives or 109
otherwise makes available to a deployer a high-risk artificial intelligence 110
system shall provide to the deployer, to the extent feasible, the 111
documentation and information necessary for the deployer, or a third 112
party contracted by the deployer, to complete an impact assessment 113
pursuant to subsection (c) of section 3 of this act. The developer shall 114 Substitute Bill No. 2
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provide such documentation and information to the deployer through 115
artifacts such as model cards, dataset cards or other impact assessments, 116
and such documentation and information shall enable the deployer, or 117
a third party contracted by the deployer, to complete an impact 118
assessment pursuant to subsection (c) of section 3 of this act. 119
(d) (1) Beginning on July 1, 2025, each developer shall make available, 120
in a manner that is clear and readily available for public inspection on 121
such developer's Internet web site or in a public use case inventory, a 122
statement summarizing: 123
(A) The types of high-risk artificial intelligence systems that such 124
developer (i) has developed or intentionally and substantially modified, 125
and (ii) currently makes available to deployers; and 126
(B) How such developer manages known or reasonably foreseeable 127
risks of algorithmic discrimination arising from development or 128
intentional and substantial modification of the types of high-risk 129
artificial intelligence systems described in subparagraph (A) of this 130
subdivision. 131
(2) Each developer shall update the statement described in 132
subdivision (1) of this subsection (A) as necessary to ensure that such 133
statement remains accurate, and (B) not later than ninety days after the 134
developer intentionally and substantially modifies any high-risk 135
artificial intelligence system described in subparagraph (A) of 136
subdivision (1) of this subsection. 137
(e) Beginning on July 1, 2025, the developer of a high-risk artificial 138
intelligence system shall disclose to the Attorney General, the 139
Commissioner of Consumer Protection and all known deployers of the 140
high-risk artificial intelligence system any known or reasonably 141
foreseeable risk of algorithmic discrimination arising from the intended 142
uses of such high-risk artificial intelligence system not later than ninety 143
days after the date on which such developer: 144
(1) Discovers through such developer's ongoing testing and analysis 145 Substitute Bill No. 2
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that such high-risk artificial intelligence system has been deployed and 146
caused, or is reasonably likely to have caused, algorithmic 147
discrimination; or 148
(2) Receives from a deployer a credible report that such high-risk 149
artificial intelligence system has been deployed and caused, or is 150
reasonably likely to have caused, algorithmic discrimination. 151
(f) Nothing in subsections (b) to (e), inclusive, of this section shall be 152
construed to require a developer to disclose any trade secret, as defined 153
in section 35-51 of the general statutes, or other confidential or 154
proprietary information. 155
(g) Beginning on July 1, 2025, the Attorney General or the 156
Commissioner of Consumer Protection may require that a developer 157
disclose to the Attorney General or the Commissioner of Consumer 158
Protection, in a form and manner prescribed by the Attorney General or 159
the Commissioner of Consumer Protection, any statement or 160
documentation described in subsection (b) of this section if such 161
statement or documentation is relevant to an investigation conducted 162
by the Attorney General or the Commissioner of Consumer Protection. 163
The Attorney General or the Commissioner of Consumer Protection 164
may evaluate such statement or documentation to ensure compliance 165
with the provisions of this section, and such statement or 166
documentation shall be exempt from disclosure under the Freedom of 167
Information Act, as defined in section 1-200 of the general statutes. To 168
the extent any information contained in any such statement or 169
documentation includes any information subject to the attorney-client 170
privilege or work product protection, such disclosure shall not 171
constitute a waiver of such privilege or protection. 172
Sec. 3. (NEW) (Effective October 1, 2024) (a) Beginning on July 1, 2025, 173
each deployer of a high-risk artificial intelligence system shall use 174
reasonable care to protect consumers from any known or reasonably 175
foreseeable risks of algorithmic discrimination. In any enforcement 176
action brought on or after said date by the Attorney General or the 177 Substitute Bill No. 2
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Commissioner of Consumer Protection pursuant to section 9 of this act, 178
or by the Commission on Human Rights and Opportunities as provided 179
in chapter 814c of the general statutes, there shall be a rebuttable 180
presumption that a deployer of a high-risk artificial intelligence system 181
used reasonable care as required under this subsection if the deployer 182
complied with the provisions of subsections (b) to (g), inclusive, of this 183
section. 184
(b) (1) Beginning on July 1, 2025, no deployer shall deploy a high-risk 185
artificial intelligence system unless the deployer has implemented a risk 186
management policy and program. The risk management policy and 187
program shall specify and incorporate the principles, processes and 188
personnel that the deployer shall use to identify, document and 189
eliminate any known or reasonably foreseeable risks of algorithmic 190
discrimination. Each risk management policy and program 191
implemented and maintained pursuant to this subsection shall be 192
reasonable, considering: 193
(A) (i) The guidance and standards set forth in the latest version of 194
the "Artificial Intelligence Risk Management Framework" published by 195
the National Institute of Standards and Technology or another 196
nationally or internationally recognized risk management framework 197
for artificial intelligence systems; 198
(ii) Any risk management framework for artificial intelligence 199
systems designated by the Banking Commissioner or Insurance 200
Commissioner if the deployer is regulated by the Department of 201
Banking or Insurance Department; or 202
(iii) Any risk management framework for artificial intelligence 203
systems that the Attorney General, in the Attorney General's discretion, 204
may designate; 205
(B) The size and complexity of the deployer; 206
(C) The nature and scope of the high-risk artificial intelligence 207
systems deployed by the deployer, including, but not limited to, the 208 Substitute Bill No. 2
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intended uses of such high-risk artificial intelligence systems; and 209
(D) The sensitivity and volume of data processed in connection with 210
the high-risk artificial intelligence systems deployed by the deployer. 211
(2) A risk management policy and program implemented pursuant 212
to subdivision (1) of this subsection may cover multiple high-risk 213
artificial intelligence systems deployed by the deployer. 214
(c) (1) Except as provided in subdivisions (3) and (4) of this 215
subsection: 216
(A) A deployer that deploys a high-risk artificial intelligence system 217
on or after July 1, 2025, or a third party contracted by the deployer, shall 218
complete an impact assessment for the high-risk artificial intelligence 219
system; and 220
(B) Beginning on July 1, 2025, a deployer, or a third party contracted 221
by the deployer, shall complete an impact assessment for a deployed 222
high-risk artificial intelligence system not later than ninety days after 223
any intentional and substantial modification to such high-risk artificial 224
intelligence system is made available. 225
(2) (A) Each impact assessment completed pursuant to this subsection 226
shall include, at a minimum: 227
(i) A statement by the deployer disclosing the purpose, intended use 228
cases and deployment context of, and benefits afforded by, the high-risk 229
artificial intelligence system; 230
(ii) An analysis of whether the deployment of the high-risk artificial 231
intelligence system poses any known or reasonably foreseeable risks of 232
algorithmic discrimination and, if so, the nature of such algorithmic 233
discrimination and the steps that have been taken to eliminate such 234
risks; 235
(iii) A description of (I) the categories of data the high-risk artificial 236
intelligence system processes as inputs, and (II) the outputs such high-237 Substitute Bill No. 2
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risk artificial intelligence system produces; 238
(iv) If the deployer used data to customize the high-risk artificial 239
intelligence system, an overview of the categories of data the deployer 240
used to retrain such high-risk artificial intelligence system; 241
(v) Any metrics used to evaluate the performance and known 242
limitations of the high-risk artificial intelligence system; 243
(vi) A description of any transparency measures taken concerning the 244
high-risk artificial intelligence system, including, but not limited to, any 245
measures taken to disclose to a consumer that such high-risk artificial 246
intelligence system is in use when such high-risk artificial intelligence 247
system is in use; and 248
(vii) A description of the post-deployment monitoring and user 249
safeguards provided concerning such high-risk artificial intelligence 250
system, including, but not limited to, the oversight process established 251
by the deployer to address issues arising from deployment of such high-252
risk artificial intelligence system. 253
(B) In addition to the statement, analysis, descriptions, overview and 254
metrics required under subparagraph (A) of this subdivision, each 255
impact assessment completed pursuant to this subsection following an 256
intentional and substantial modification made to a high-risk artificial 257
intelligence system on or after July 1, 2025, shall include a statement 258
disclosing the extent to which the high-risk artificial intelligence system 259
was used in a manner that was consistent with, or varied from, the 260
developer's intended uses of such high-risk artificial intelligence 261
system. 262
(3) A single impact assessment may address a comparable set of high-263
risk artificial intelligence systems deployed by a deployer. 264
(4) If a deployer, or a third party contracted by the deployer, 265
completes an impact assessment for the purpose of complying with 266
another applicable law or regulation, such impact assessment shall be 267 Substitute Bill No. 2
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deemed to satisfy the requirements established in this subsection if such 268
impact assessment is reasonably similar in scope and effect to the impact 269
assessment that would otherwise be completed pursuant to this 270
subsection. 271
(5) A deployer shall maintain the most recently completed impact 272
assessment for a high-risk artificial intelligence system as required 273
under this subsection, all records concerning each such impact 274
assessment and all prior impact assessments, if any, for a period of at 275
least three years following the final deployment of the high-risk artificial 276
intelligence system. 277
(d) Beginning on July 1, 2025, a deployer, or a third party contracted 278
by the deployer, shall review, at least annually, the deployment of each 279
high-risk artificial intelligence system deployed by the deployer to 280
ensure that such high-risk artificial intelligence system is not causing 281
algorithmic discrimination. 282
(e) (1) Beginning on July 1, 2025, and not later than the time that a 283
deployer deploys a high-risk artificial intelligence system to make, or be 284
a controlling factor in making, a consequential decision concerning a 285
consumer, the deployer shall: 286
(A) Notify the consumer that the deployer has deployed a high-risk 287
artificial intelligence system to make, or be a controlling factor in 288
making, such consequential decision; and 289
(B) Provide to the consumer (i) a statement disclosing (I) the purpose 290
of such high-risk artificial intelligence system, and (II) the nature of such 291
consequential decision, (ii) contact information for such deployer, and 292
(iii) a description, in plain language, of such high-risk artificial 293
intelligence system, which description shall, at a minimum, include a 294
description of (I) any human components of such high-risk artificial 295
intelligence system, and (II) how any automated components of such 296
high-risk artificial intelligence system are used to inform such 297
consequential decision. 298 Substitute Bill No. 2
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(2) A deployer may provide to a consumer the notice, statement, 299
contact information and description required under subdivision (1) of 300
this subsection in any manner that is clear and readily available. 301
(f) (1) Beginning on July 1, 2025, each deployer shall make available, 302
in a manner that is clear and readily available for public inspection, a 303
statement summarizing: 304
(A) The types of high-risk artificial intelligence systems that are 305
currently deployed by such deployer; and 306
(B) How such deployer manages any known or reasonably 307
foreseeable risks of algorithmic discrimination that may arise from 308
deployment of each high-risk artificial intelligence system described in 309
subparagraph (A) of this subdivision. 310
(2) Each deployer shall periodically update the statement described 311
in subdivision (1) of this subsection. 312
(g) If a deployer deploys a high-risk artificial intelligence system on 313
or after July 1, 2025, and subsequently discovers that the high-risk 314
artificial intelligence system has caused, or is reasonably likely to have 315
caused, algorithmic discrimination against any consumer, the deployer 316
shall, not later than ninety days after the date of such discovery, send to 317
the Attorney General or the Commissioner of Consumer Protection, in 318
a form and manner prescribed by the Attorney General or the 319
Commissioner of Consumer Protection, a notice disclosing such 320
discovery. 321
(h) Nothing in subsections (b) to (g), inclusive, of this section shall be 322
construed to require a deployer to disclose any trade secret, as defined 323
in section 35-51 of the general statutes, or other confidential or 324
proprietary information. 325
(i) Beginning on July 1, 2025, the Attorney General or the 326
Commissioner of Consumer Protection may require that a deployer, or 327
the third party contracted by the deployer as set forth in subsection (c) 328 Substitute Bill No. 2
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of this section, as applicable, disclose to the Attorney General or the 329
Commissioner of Consumer Protection, in a form and manner 330
prescribed by the Attorney General or the Commissioner of Consumer 331
Protection, any risk management policy implemented pursuant to 332
subsection (b) of this section, impact assessment completed pursuant to 333
subsection (c) of this section or record maintained pursuant to 334
subdivision (5) of subsection (c) of this section if such risk management 335
policy, impact assessment or record is relevant to an investigation 336
conducted by the Attorney General or the Commissioner of Consumer 337
Protection. The Attorney General or the Commissioner of Consumer 338
Protection may evaluate such risk management policy, impact 339
assessment or record to ensure compliance with the provisions of this 340
section, and such risk management policy, impact assessment or record 341
shall be exempt from disclosure under the Freedom of Information Act, 342
as defined in section 1-200 of the general statutes. To the extent any 343
information contained in any such risk management policy, impact 344
assessment or record includes any information subject to the attorney-345
client privilege or work product protection, such disclosure shall not 346
constitute a waiver of such privilege or protection. 347
Sec. 4. (NEW) (Effective October 1, 2024) (a) Beginning on January 1, 348
2026, each developer of a general-purpose artificial intelligence model 349
shall: 350
(1) Create and maintain technical documentation for the general-351
purpose artificial intelligence model, which technical documentation 352
shall: 353
(A) Include (i) the training and testing processes for such general-354
purpose artificial intelligence model, and (ii) the results of an evaluation 355
of such general-purpose artificial intelligence model; 356
(B) Include at least the following information, as appropriate, 357
considering the size and risk profile of such general-purpose artificial 358
intelligence model: (i) The tasks such general-purpose artificial 359
intelligence model is intended to perform; (ii) the type and nature of 360 Substitute Bill No. 2
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artificial intelligence systems in which such general-purpose artificial 361
intelligence model can be integrated; (iii) acceptable use policies for such 362
general-purpose artificial intelligence model; (iv) the date such general-363
purpose artificial intelligence model is released; (v) the methods by 364
which such general-purpose artificial intelligence model is distributed; 365
(vi) the architecture and number of parameters for such general-366
purpose artificial intelligence model; and (vii) the modality and format 367
of inputs and outputs for such general-purpose artificial intelligence 368
model; and 369
(C) Be reviewed and revised at least annually or more frequently as 370
necessary to maintain the accuracy of such technical documentation; 371
(2) Create, implement, maintain and make available to deployers that 372
intend to integrate such general-purpose artificial intelligence model 373
into such deployers' artificial intelligence systems documentation and 374
information that: 375
(A) Enables such deployers to (i) understand the capabilities and 376
limitations of such general-purpose artificial intelligence model, and (ii) 377
comply with such deployers' obligations under sections 1 to 9, inclusive, 378
of this act; 379
(B) Discloses, at a minimum, (i) the technical means required for such 380
general-purpose artificial intelligence model to be integrated into such 381
deployers' artificial intelligence systems, (ii) the design specifications of, 382
and training processes for, such general-purpose artificial intelligence 383
model, including, but not limited to, (I) the training methodologies and 384
techniques for such general-purpose artificial intelligence model, and 385
(II) the key design choices for such general-purpose artificial 386
intelligence model, including, but not limited to, the rationale and 387
assumptions made, (iii) that for which such general-purpose artificial 388
intelligence model is designed to optimize and the relevance of the 389
different parameters, as applicable, and (iv) a description of the data that 390
was used for purposes of training, testing and validation, where 391
applicable, including, but not limited to, (I) the type and provenance of 392 Substitute Bill No. 2
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such data, (II) curation methodologies, (III) the number of data points, 393
their scope and main characteristics, (IV) how such data were obtained 394
and selected, and (V) all other measures used to identify unsuitable data 395
sources and methods used to detect identifiable biases, where 396
applicable; and 397
(C) Is reviewed and revised at least annually or more frequently as 398
necessary to maintain the accuracy of such documentation and 399
information; 400
(3) Establish, implement and maintain a policy to respect federal and 401
state copyright laws; and 402
(4) Create, maintain and make publicly available, in a form and 403
manner prescribed by the Attorney General, a detailed summary 404
concerning the content used to train such general-purpose artificial 405
intelligence model. 406
(b) (1) The provisions of subsection (a) of this section shall not apply 407
to a developer that develops, or intentionally and substantially 408
modifies, a general-purpose artificial intelligence model on or after 409
January 1, 2026, if: 410
(A) The developer releases such general-purpose artificial 411
intelligence model under a free and open-source license; and 412
(B) Unless such general-purpose artificial intelligence model is 413
deployed as a high-risk artificial intelligence system, the parameters of 414
such general-purpose artificial intelligence model, including, but not 415
limited to, the weights and information concerning the model 416
architecture and model usage for such general-purpose artificial 417
intelligence model, are made publicly available. 418
(2) A developer that takes any action under the exemption 419
established in subdivision (1) of this subsection shall bear the burden of 420
demonstrating that such action qualifies for such exemption. 421
(c) Nothing in subsection (a) of this section shall be construed to 422 Substitute Bill No. 2
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require a developer to disclose any trade secret, as defined in section 35-423
51 of the general statutes, or other confidential or proprietary 424
information. 425
(d) Beginning on January 1, 2026, the Attorney General or the 426
Commissioner of Consumer Protection may require that a developer 427
disclose to the Attorney General or the Commissioner of Consumer 428
Protection, in a form and manner prescribed by the Attorney General or 429
the Commissioner of Consumer Protection, any documentation 430
maintained pursuant to this section if such documentation is relevant to 431
an investigation conducted by the Attorney General or the 432
Commissioner of Consumer Protection. The Attorney General or the 433
Commissioner of Consumer Protection may evaluate such 434
documentation to ensure compliance with the provisions of this section 435
and any regulations adopted pursuant to subsection (e) of this section, 436
and such documentation shall be exempt from disclosure under the 437
Freedom of Information Act, as defined in section 1-200 of the general 438
statutes. To the extent any such documentation includes any 439
information subject to the attorney-client privilege or work product 440
protection, such disclosure shall not constitute a waiver of such 441
privilege or protection. 442
(e) The Commissioner of Consumer Protection may adopt 443
regulations, in accordance with the provisions of chapter 54 of the 444
general statutes, to implement the provisions of this section. 445
Sec. 5. (NEW) (Effective October 1, 2024) (a) Except as provided in 446
subsection (b) of this section, each person doing business in this state, 447
including, but not limited to, each deployer that deploys, offers, sells, 448
leases, licenses, gives or otherwise makes available, as applicable, any 449
artificial intelligence system that is intended to interact with consumers 450
shall ensure that such artificial intelligence system discloses to each 451
consumer who interacts with such artificial intelligence system that such 452
consumer is interacting with an artificial intelligence system. 453
(b) No disclosure shall be required under subsection (a) of this section 454 Substitute Bill No. 2
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under circumstances in which: 455
(1) A reasonable person would deem it obvious that such person is 456
interacting with an artificial intelligence system; or 457
(2) The deployer did not make the artificial intelligence system 458
directly available to consumers. 459
Sec. 6. (NEW) (Effective October 1, 2024) (a) Except as provided in 460
subsection (b) of this section, the developer of an artificial intelligence 461
system, including, but not limited to, a general-purpose artificial 462
intelligence model, that generates or manipulates synthetic digital 463
content shall: 464
(1) Ensure that the outputs of such artificial intelligence system are 465
marked in a machine-readable format and detectable as synthetic digital 466
content, and that such outputs are so marked and distinguishable (A) 467
not later than the time a consumer first interacts with, or is exposed to, 468
such outputs, and (B) in a manner that (i) is clear to consumers, and (ii) 469
respects any applicable accessibility requirements; and 470
(2) As far as technically feasible and as reflected in any relevant 471
technical standards, ensure that such developer's technical solutions are 472
effective, interoperable, robust and reliable, taking into account (A) the 473
specificities and limitations of different types of synthetic digital 474
content, (B) the implementation costs, and (C) the generally 475
acknowledged state of the art. 476
(b) The provisions of subsection (a) of this section shall not apply to 477
the extent that any artificial intelligence system: 478
(1) Performs an assistive function for standard editing; 479
(2) Does not substantially alter the input data provided by the 480
deployer or the semantics thereof; or 481
(3) Is used to detect, prevent, investigate or prosecute any crime 482
where authorized by law. 483 Substitute Bill No. 2
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Sec. 7. (NEW) (Effective October 1, 2024) (a) Except as provided in 484
subsections (b) to (d), inclusive, of this section, the deployer of an 485
artificial intelligence system, including, but not limited to, a general-486
purpose artificial intelligence model, that generates or manipulates any 487
synthetic digital content shall disclose to a consumer that such synthetic 488
digital content has been artificially generated or manipulated: 489
(1) Not later than the first time the consumer interacts with, or is 490
exposed to, such synthetic digital content; and 491
(2) In a manner that (A) is clear to, and distinguishable by, consumers, 492
and (B) respects any applicable accessibility requirements. 493
(b) If the synthetic digital content described in subsection (a) of this 494
section is in an audio, image or video format, and such synthetic digital 495
content forms part of an evidently artistic, creative, satirical, fictional 496
analogous work or program, the disclosure required under said 497
subsection shall be limited to a disclosure that does not hamper the 498
display or enjoyment of such work or program. 499
(c) If the synthetic digital content described in subsection (a) of this 500
section is in the form of text published to inform the public on any 501
matter of public interest, no disclosure shall be required under said 502
subsection if: 503
(1) Such synthetic digital content has undergone a process of human 504
review or editorial control; and 505
(2) A person holds editorial responsibility for the publication of such 506
synthetic digital content. 507
(d) The disclosure requirements established in subsection (a) of this 508
section shall not apply to the extent that any artificial intelligence system 509
described in said subsection is used to detect, prevent, investigate or 510
prosecute any crime where authorized by law. 511
Sec. 8. (NEW) (Effective October 1, 2024) (a) Nothing in sections 1 to 9, 512
inclusive, of this act shall be construed to restrict a developer's or 513 Substitute Bill No. 2
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deployer's ability to: (1) Comply with federal, state or municipal law; (2) 514
comply with a civil, criminal or regulatory inquiry, investigation, 515
subpoena or summons by federal, state, municipal or other 516
governmental authorities; (3) cooperate with law enforcement agencies 517
concerning conduct or activity that the developer or deployer 518
reasonably and in good faith believes may violate federal, state or 519
municipal law; (4) investigate, establish, exercise, prepare for or defend 520
legal claims; (5) take immediate steps to protect an interest that is 521
essential for the life or physical safety of a consumer or another 522
individual; (6) prevent, detect, protect against or respond to security 523
incidents, identity theft, fraud, harassment, malicious or deceptive 524
activities or any illegal activity, preserve the integrity or security of 525
systems or investigate, report or prosecute those responsible for any 526
such action; (7) engage in public or peer-reviewed scientific or statistical 527
research in the public interest that adheres to all other applicable ethics 528
and privacy laws and is approved, monitored and governed by an 529
institutional review board that determines, or by similar independent 530
oversight entities that determine, (A) that the expected benefits of the 531
research outweigh the risks associated with such research, and (B) 532
whether the developer or deployer has implemented reasonable 533
safeguards to mitigate the risks associated with such research; (8) 534
conduct any research, testing and development activities regarding any 535
artificial intelligence system or model, other than testing conducted 536
under real world conditions, before such artificial intelligence system or 537
model is placed on the market or put into service; or (9) assist another 538
developer or deployer with any of the obligations imposed under 539
sections 1 to 9, inclusive, of this act. 540
(b) The obligations imposed on developers or deployers under 541
sections 1 to 9, inclusive, of this act shall not restrict a developer's or 542
deployer's ability to: (1) Effectuate a product recall; or (2) identify and 543
repair technical errors that impair existing or intended functionality. 544
(c) The obligations imposed on developers or deployers under 545
sections 1 to 9, inclusive, of this act shall not apply where compliance by 546
the developer or deployer with said sections would violate an 547 Substitute Bill No. 2
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evidentiary privilege under the laws of this state. 548
(d) Nothing in sections 1 to 9, inclusive, of this act shall be construed 549
to impose any obligation on a developer or deployer that adversely 550
affects the rights or freedoms of any person, including, but not limited 551
to, the rights of any person: (1) To freedom of speech or freedom of the 552
press guaranteed in the First Amendment to the United States 553
Constitution; or (2) under section 52-146t of the general statutes. 554
(e) Nothing in sections 1 to 9, inclusive, of this act shall be construed 555
to apply to any developer or deployer insofar as such developer or 556
deployer develops, deploys or intentionally and substantially modifies 557
an artificial intelligence system: (1) That has been approved by the 558
federal Food and Drug Administration; and (2) in accordance with all 559
applicable federal laws, regulations, rules and procedures concerning 560
such artificial intelligence system. 561
(f) If a developer or deployer engages in any action pursuant to an 562
exemption set forth in subsections (a) to (e), inclusive, of this section, the 563
developer or deployer bears the burden of demonstrating that such 564
action qualifies for such exemption. 565
Sec. 9. (NEW) (Effective October 1, 2024) (a) Except as provided in 566
section 46a-54 of the general statutes, as amended by this act, and section 567
11 of this act, the Attorney General and the Commissioner of Consumer 568
Protection shall have exclusive authority to enforce the provisions of 569
sections 1 to 8, inclusive, of this act. 570
(b) Except as provided in subsection (f) of this section, during the 571
period beginning on July 1, 2025, and ending on June 30, 2026, the 572
Attorney General or the Commissioner of Consumer Protection shall, 573
prior to initiating any action for a violation of any provision of sections 574
1 to 8, inclusive, of this act, issue a notice of violation to the developer 575
or deployer if the Attorney General or the Commissioner of Consumer 576
Protection determines that it is possible to cure such violation. If the 577
developer or deployer fails to cure such violation not later than sixty 578
days after receipt of the notice of violation, the Attorney General or the 579 Substitute Bill No. 2
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Commissioner of Consumer Protection may bring an action pursuant to 580
this section. Not later than January 1, 2027, the Attorney General or the 581
Commissioner of Consumer Protection shall submit a report, in 582
accordance with the provisions of section 11-4a of the general statutes, 583
to the joint standing committee of the General Assembly having 584
cognizance of matters relating to consumer protection disclosing: (1) 585
The number of notices of violation the Attorney General or the 586
Commissioner of Consumer Protection has issued; (2) the nature of each 587
violation; (3) the number of violations that were cured during the sixty-588
day cure period; and (4) any other matter the Attorney General or the 589
Commissioner of Consumer Protection deems relevant for the purposes 590
of such report. 591
(c) Except as provided in subsection (f) of this section, beginning on 592
July 1, 2026, the Attorney General or the Commissioner of Consumer 593
Protection may, in determining whether to grant a developer or 594
deployer the opportunity to cure a violation described in subsection (b) 595
of this section, consider: (1) The number of violations; (2) the size and 596
complexity of the developer or deployer; (3) the nature and extent of the 597
developer's or deployer's business; (4) the substantial likelihood of 598
injury to the public; (5) the safety of persons or property; and (6) 599
whether such violation was likely caused by human or technical error. 600
(d) Nothing in sections 1 to 8, inclusive, of this act shall be construed 601
as providing the basis for a private right of action for violations of said 602
sections. 603
(e) Except as provided in subsections (a) and (f) of this section, a 604
violation of the requirements established in sections 1 to 8, inclusive, of 605
this act shall constitute an unfair trade practice for purposes of section 606
42-110b of the general statutes and shall be enforced solely by the 607
Attorney General and the Commissioner of Consumer Protection, 608
provided the provisions of section 42-110g of the general statutes shall 609
not apply to such violation. 610
(f) (1) In any action commenced by the Attorney General or the 611 Substitute Bill No. 2
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Commissioner of Consumer Protection for any violation of sections 1 to 612
8, inclusive, of this act, it shall be an affirmative defense that: 613
(A) The developer or deployer implemented and maintains a 614
program that is in compliance with: 615
(i) The latest version of the "Artificial Intelligence Risk Management 616
Framework" published by the National Institute of Standards and 617
Technology or another nationally or internationally recognized risk 618
management framework for artificial intelligence systems; 619
(ii) Any risk management framework for artificial intelligence 620
systems designated by the Banking Commissioner or Insurance 621
Commissioner if the developer or deployer is regulated by the 622
Department of Banking or Insurance Department; or 623
(iii) Any risk management framework for artificial intelligence 624
systems that the Attorney General, in the Attorney General's discretion, 625
may designate; and 626
(B) The developer or deployer: 627
(i) Encourages the deployers or users of the artificial intelligence 628
system to provide feedback to such developer or deployer; 629
(ii) Discovers a violation of any provision of sections 1 to 8, inclusive, 630
of this act (I) as a result of the feedback described in subparagraph (B)(i) 631
of this subdivision, (II) through adversarial testing or red-teaming, as 632
such terms are defined or used by the National Institutes of Standards 633
and Technology, or (III) through an internal review process; and 634
(iii) Not later than sixty days after discovering the violation as set 635
forth in subparagraph (B)(ii) of this subdivision, (I) cures such violation, 636
and (II) provides to the Attorney General or the Commissioner of 637
Consumer Protection, in a form and manner prescribed by the Attorney 638
General or the Commissioner of Consumer Protection, notice that such 639
violation has been cured and evidence that any harm caused by such 640
violation has been mitigated. 641 Substitute Bill No. 2
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(2) The developer or deployer bears the burden of demonstrating to 642
the Attorney General or the Commissioner of Consumer Protection that 643
the requirements established in subdivision (1) of this subsection have 644
been satisfied. 645
(3) The Attorney General or the Commissioner of Consumer 646
Protection shall notify the Commission on Human Rights and 647
Opportunities, in a form and manner prescribed by the Attorney 648
General or the Commissioner of Consumer Protection, each time the 649
Attorney General or the Commissioner of Consumer Protection 650
commences any action against a deployer for failure to use reasonable 651
care to protect any consumer from any known or reasonably foreseeable 652
risk of algorithmic discrimination as required under section 3 of this act. 653
Such notice shall include the deployer's name and any other information 654
the Attorney General or the Commissioner of Consumer Protection, in 655
consultation with the Commission on Human Rights and 656
Opportunities, deems relevant for the purposes of this section and 657
section 11 of this act. 658
Sec. 10. Section 46a-51 of the 2024 supplement to the general statutes 659
is repealed and the following is substituted in lieu thereof (Effective 660
October 1, 2024): 661
As used in section 4a-60a, [and] this chapter and section 11 of this act: 662
(1) "Algorithmic discrimination" has the same meaning as provided 663
in section 1 of this act; 664
[(1)] (2) "Blind" refers to an individual whose central visual acuity 665
does not exceed 20/200 in the better eye with correcting lenses, or whose 666
visual acuity is greater than 20/200 but is accompanied by a limitation 667
in the fields of vision such that the widest diameter of the visual field 668
subtends an angle no greater than twenty degrees; 669
[(2)] (3) "Commission" means the Commission on Human Rights and 670
Opportunities created by section 46a-52; 671 Substitute Bill No. 2
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[(3)] (4) "Commission legal counsel" means a member of the legal staff 672
employed by the commission pursuant to section 46a-54, as amended 673
by this act; 674
[(4)] (5) "Commissioner" means a member of the commission; 675
[(5)] (6) "Court" means the Superior Court or any judge of said court; 676
(7) "Deployer" has the same meaning as provided in section 1 of this 677
act; 678
[(6)] (8) "Discrimination" includes segregation and separation; 679
[(7)] (9) "Discriminatory employment practice" means any 680
discriminatory practice specified in subsection (b), (d), (e) or (f) of 681
section 31-51i or section 46a-60 or 46a-81c; 682
[(8)] (10) "Discriminatory practice" means a violation of section 4a-60, 683
4a-60a, 4a-60g, 31-40y, subsection (b), (d), (e) or (f) of section 31-51i, 684
subparagraph (C) of subdivision (15) of section 46a-54, as amended by 685
this act, subdivisions (16) and (17) of section 46a-54, as amended by this 686
act, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-687
68c to 46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, subsection (a) of 688
section 46a-80 or sections 46a-81b to 46a-81o, inclusive, and sections 46a-689
80b to 46a-80e, inclusive, and sections 46a-80k to 46a-80m, inclusive, and 690
section 11 of this act; 691
[(9)] (11) "Employee" means any person employed by an employer 692
but shall not include any individual employed by such individual's 693
parents, spouse or child. "Employee" includes any elected or appointed 694
official of a municipality, board, commission, counsel or other 695
governmental body; 696
[(10)] (12) "Employer" includes the state and all political subdivisions 697
thereof and means any person or employer with one or more persons in 698
such person's or employer's employ; 699
[(11)] (13) "Employment agency" means any person undertaking with 700 Substitute Bill No. 2
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or without compensation to procure employees or opportunities to 701
work; 702
[(12)] (14) "Labor organization" means any organization which exists 703
for the purpose, in whole or in part, of collective bargaining or of dealing 704
with employers concerning grievances, terms or conditions of 705
employment, or of other mutual aid or protection in connection with 706
employment; 707
[(13)] (15) "Intellectual disability" means intellectual disability as 708
defined in section 1-1g; 709
[(14)] (16) "Person" means one or more individuals, partnerships, 710
associations, corporations, limited liability companies, legal 711
representatives, trustees, trustees in bankruptcy, receivers and the state 712
and all political subdivisions and agencies thereof; 713
[(15)] (17) "Physically disabled" refers to any individual who has any 714
chronic physical handicap, infirmity or impairment, whether congenital 715
or resulting from bodily injury, organic processes or changes or from 716
illness, including, but not limited to, epilepsy, deafness or being hard of 717
hearing or reliance on a wheelchair or other remedial appliance or 718
device; 719
[(16)] (18) "Respondent" means any person alleged in a complaint 720
filed pursuant to section 46a-82 to have committed a discriminatory 721
practice; 722
[(17)] (19) "Discrimination on the basis of sex" includes but is not 723
limited to discrimination related to pregnancy, child-bearing capacity, 724
sterilization, fertility or related medical conditions; 725
[(18)] (20) "Discrimination on the basis of religious creed" includes 726
but is not limited to discrimination related to all aspects of religious 727
observances and practice as well as belief, unless an employer 728
demonstrates that the employer is unable to reasonably accommodate 729
to an employee's or prospective employee's religious observance or 730 Substitute Bill No. 2
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practice without undue hardship on the conduct of the employer's 731
business; 732
[(19)] (21) "Learning disability" refers to an individual who exhibits a 733
severe discrepancy between educational performance and measured 734
intellectual ability and who exhibits a disorder in one or more of the 735
basic psychological processes involved in understanding or in using 736
language, spoken or written, which may manifest itself in a diminished 737
ability to listen, speak, read, write, spell or to do mathematical 738
calculations; 739
[(20)] (22) "Mental disability" refers to an individual who has a record 740
of, or is regarded as having one or more mental disorders, as defined in 741
the most recent edition of the American Psychiatric Association's 742
"Diagnostic and Statistical Manual of Mental Disorders"; [and] 743
[(21)] (23) "Gender identity or expression" means a person's gender-744
related identity, appearance or behavior, whether or not that gender-745
related identity, appearance or behavior is different from that 746
traditionally associated with the person's physiology or assigned sex at 747
birth, which gender-related identity can be shown by providing 748
evidence including, but not limited to, medical history, care or treatment 749
of the gender-related identity, consistent and uniform assertion of the 750
gender-related identity or any other evidence that the gender-related 751
identity is sincerely held, part of a person's core identity or not being 752
asserted for an improper purpose; 753
[(22)] (24) "Veteran" means veteran as defined in subsection (a) of 754
section 27-103; 755
[(23)] (25) "Race" is inclusive of ethnic traits historically associated 756
with race, including, but not limited to, hair texture and protective 757
hairstyles; 758
[(24)] (26) "Protective hairstyles" includes, but is not limited to, wigs, 759
headwraps and hairstyles such as individual braids, cornrows, locs, 760
twists, Bantu knots, afros and afro puffs; 761 Substitute Bill No. 2
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[(25)] (27) "Domestic violence" has the same meaning as provided in 762
subsection (b) of section 46b-1; and 763
[(26)] (28) "Sexual orientation" means a person's identity in relation to 764
the gender or genders to which they are romantically, emotionally or 765
sexually attracted, inclusive of any identity that a person (A) may have 766
previously expressed, or (B) is perceived by another person to hold. 767
Sec. 11. (NEW) (Effective October 1, 2024) (a) As used in this section, 768
"artificial intelligence system", "consumer" and "high-risk artificial 769
intelligence system" have the same meanings as provided in section 1 of 770
this act. 771
(b) Beginning on July 1, 2025, it shall be a discriminatory practice in 772
violation of this section for any deployer of a high-risk artificial 773
intelligence system to fail to use reasonable care to protect any consumer 774
from any known or reasonably foreseeable risks of algorithmic 775
discrimination as required under section 3 of this act. 776
(c) Notwithstanding any other provision of chapter 814c of the 777
general statutes, and except as provided in subsection (f) of this section, 778
during the period beginning on July 1, 2025, and ending on June 30, 779
2026, the commission shall, prior to initiating any action for any 780
discriminatory practice in violation of subsection (b) of this section, 781
issue a notice of violation to the deployer if the commission determines 782
that it is possible to cure such violation. If the deployer fails to cure such 783
violation not later than sixty days after receipt of the notice of violation, 784
the commission may bring an action to enforce the provisions of this 785
section. Not later than January 1, 2027, the commission shall submit a 786
report, in accordance with the provisions of section 11-4a of the general 787
statutes, to the joint standing committee of the General Assembly 788
having cognizance of matters relating to consumer protection 789
disclosing: (1) The number of notices of violation the commission has 790
issued; (2) the nature of each violation; (3) the number of violations that 791
were cured during the sixty-day cure period; and (4) any other matter 792
the commission deems relevant for the purposes of such report. 793 Substitute Bill No. 2
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(d) Notwithstanding any other provision of chapter 814c of the 794
general statutes, and except as provided in subsection (f) of this section, 795
beginning on July 1, 2026, the commission may, in determining whether 796
to grant a deployer the opportunity to cure any discriminatory practice 797
in violation of subsection (b) of this section, consider: (1) The number of 798
violations; (2) the size and complexity of the deployer; (3) the nature and 799
extent of the deployer's business; (4) the substantial likelihood of injury 800
to the public; (5) the safety of persons or property; and (6) whether such 801
violation was likely caused by human or technical error. 802
(e) (1) In any action commenced by the commission for any 803
discriminatory practice in violation of subsection (b) of this section, it 804
shall be an affirmative defense that: 805
(A) The deployer of the high-risk artificial intelligence system 806
implemented and maintains a program that is in compliance with: 807
(i) The latest version of the "Artificial Intelligence Risk Management 808
Framework" published by the National Institute of Standards and 809
Technology or another nationally or internationally recognized risk 810
management framework for artificial intelligence systems; 811
(ii) Any risk management framework for artificial intelligence 812
systems designated by the Banking Commissioner or Insurance 813
Commissioner if the deployer is regulated by the Department of 814
Banking or Insurance Department; or 815
(iii) Any risk management framework for artificial intelligence 816
systems that the Attorney General, in the Attorney General's discretion, 817
may designate; and 818
(B) The deployer: 819
(i) Encourages the users of the high-risk artificial intelligence system 820
to provide feedback to such deployer; 821
(ii) Discovers any discriminatory practice in violation of subsection 822
(b) of this section: (I) As a result of the feedback described in 823 Substitute Bill No. 2
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subparagraph (B)(i) of this subdivision; (II) through adversarial testing 824
or red-teaming, as such terms are defined or used by the National 825
Institutes of Standards and Technology; or (III) through an internal 826
review process; and 827
(iii) Not later than sixty days after discovering the violation as set 828
forth in subparagraph (B)(ii) of this subdivision: (I) Cures such violation; 829
and (II) provides to the commission, in a form and manner prescribed 830
by the commission, notice that such violation has been cured and 831
evidence that any harm caused by such violation has been mitigated. 832
(2) The deployer bears the burden of demonstrating to the 833
commission that the requirements established in subdivision (1) of this 834
subsection have been satisfied. 835
(f) The commission shall not initiate any action against a deployer for 836
any discriminatory practice in violation of subsection (b) of this section 837
if: (1) The Attorney General or the Commissioner of Consumer 838
Protection has initiated an action against the deployer for a failure to use 839
reasonable care as required under section 3 of this act; and (2) the 840
violation and failure are founded on the same omission or conduct. 841
(g) Any deployer that engages in any discriminatory practice in 842
violation of subsection (b) of this section shall be fined not less than three 843
thousand dollars and not more than seven thousand dollars for each 844
violation. 845
Sec. 12. Section 46a-54 of the general statutes is repealed and the 846
following is substituted in lieu thereof (Effective October 1, 2024): 847
The commission shall have the following powers and duties: 848
(1) To establish and maintain such offices as the commission may 849
deem necessary; 850
(2) To organize the commission into a division of affirmative action 851
monitoring and contract compliance, a division of discriminatory 852
practice complaints and such other divisions, bureaus or units as may 853 Substitute Bill No. 2
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be necessary for the efficient conduct of business of the commission; 854
(3) To employ legal staff and commission legal counsel as necessary 855
to perform the duties and responsibilities under section 46a-55. Each 856
commission legal counsel shall be admitted to practice law in this state; 857
(4) To appoint such investigators and other employees and agents as 858
it deems necessary, fix their compensation within the limitations 859
provided by law and prescribe their duties; 860
(5) To adopt, publish, amend and rescind regulations consistent with 861
and to effectuate the provisions of this chapter; 862
(6) To establish rules of practice to govern, expedite and effectuate 863
the procedures set forth in this chapter; 864
(7) To recommend policies and make recommendations to agencies 865
and officers of the state and local subdivisions of government to 866
effectuate the policies of this chapter; 867
(8) To receive, initiate as provided in section 46a-82, investigate and 868
mediate discriminatory practice complaints; 869
(9) By itself or with or by hearing officers or human rights referees, to 870
hold hearings, subpoena witnesses and compel their attendance, 871
administer oaths, take the testimony of any person under oath and 872
require the production for examination of any books and papers relating 873
to any matter under investigation or in question; 874
(10) To make rules as to the procedure for the issuance of subpoenas 875
by individual commissioners, hearing officers and human rights 876
referees; 877
(11) To require written answers to interrogatories under oath relating 878
to any complaint under investigation pursuant to this chapter alleging 879
any discriminatory practice as defined in subdivision [(8)] (10) of section 880
46a-51, as amended by this act, and to adopt regulations, in accordance 881
with the provisions of chapter 54, for the procedure for the issuance of 882 Substitute Bill No. 2
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interrogatories and compliance with interrogatory requests; 883
(12) To utilize such voluntary and uncompensated services of private 884
individuals, agencies and organizations as may from time to time be 885
offered and needed and with the cooperation of such agencies, (A) to 886
study the problems of discrimination in all or specific fields of human 887
relationships, and (B) to foster through education and community effort 888
or otherwise good will among the groups and elements of the 889
population of the state; 890
(13) To require the posting by an employer, employment agency or 891
labor organization of such notices regarding statutory provisions as the 892
commission shall provide; 893
(14) To require the posting, by any respondent or other person subject 894
to the requirements of section 46a-64, 46a-64c, 46a-81d or 46a-81e, of 895
such notices of statutory provisions as it deems desirable; 896
(15) To require an employer having three or more employees to (A) 897
post in a prominent and accessible location information concerning the 898
illegality of sexual harassment and remedies available to victims of 899
sexual harassment; (B) provide, not later than three months after the 900
employee's start date with the employer, a copy of the information 901
concerning the illegality of sexual harassment and remedies available to 902
victims of sexual harassment to each employee by electronic mail with 903
a subject line that includes the words "Sexual Harassment Policy" or 904
words of similar import, if (i) the employer has provided an electronic 905
mail account to the employee, or (ii) the employee has provided the 906
employer with an electronic mail address, provided if an employer has 907
not provided an electronic mail account to the employee, the employer 908
shall post the information concerning the illegality of sexual harassment 909
and remedies available to victims of sexual harassment on the 910
employer's Internet web site, if the employer maintains such an Internet 911
web site. An employer may comply with the requirements of this 912
subparagraph, by providing an employee with the link to the 913
commission's Internet web site concerning the illegality of sexual 914 Substitute Bill No. 2
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harassment and the remedies available to victims of sexual harassment 915
by electronic mail, text message or in writing; and (C) provide two hours 916
of training and education to employees within one year of October 1, 917
2019, provided any employer who has provided such training and 918
education to any such employees after October 1, 2018, shall not be 919
required to provide such training and education a second time. An 920
employer having (i) three or more employees, shall provide such 921
training and education to an employee hired on or after October 1, 2019, 922
not later than six months after the date of his or her hire, provided the 923
commission has developed and made available such training and 924
education materials in accordance with the provisions of subdivision (8) 925
of subsection (a) of section 46a-56; or (ii) less than three employees shall 926
provide such training and education to all supervisory employees 927
within one year of October 1, 2019, and to all new supervisory 928
employees within six months of their assumption of a supervisory 929
position, provided any employer who has provided such training and 930
education to any such supervisory employees after October 1, 2018, shall 931
not be required to provide such training and education a second time. 932
Any supervisory employee hired on or after October 1, 2019, by an 933
employer having less than three employees, shall receive such training 934
and education not later than six months after the date of his or her hire, 935
provided the commission has developed and made available such 936
training and education materials in accordance with the provisions of 937
subdivision (8) of subsection (a) of section 46a-56. Such training and 938
education shall include information concerning the federal and state 939
statutory provisions concerning sexual harassment and remedies 940
available to victims of sexual harassment. If an employee has received 941
in-person training provided by the commission or has taken the no cost 942
online training provided by the commission on its Internet web site in 943
accordance with the provisions of subdivision (8) of subsection (a) of 944
section 46a-56 while employed by a different employer within the two 945
years preceding the date of hire, an employer may consider such prior 946
training to satisfy the training requirements of this subdivision. An 947
employer who is required to provide training under this subdivision 948
shall provide periodic supplemental training that updates all 949 Substitute Bill No. 2
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supervisory and nonsupervisory employees on the content of such 950
training and education not less than every ten years. As used in this 951
subdivision, "sexual harassment" has the same meaning as provided in 952
subdivision (8) of subsection (b) of section 46a-60 and "employer" 953
includes the General Assembly and "employee" means any individual 954
employed by an employer, including an individual employed by such 955
individual's parent, spouse or child; 956
(16) To require each state agency that employs one or more 957
employees to (A) provide a minimum of three hours of diversity 958
training and education (i) to all supervisory and nonsupervisory 959
employees, not later than July 1, 2002, with priority for such training to 960
supervisory employees, and (ii) to all newly hired supervisory and 961
nonsupervisory employees, not later than six months after their 962
assumption of a position with a state agency, with priority for such 963
training to supervisory employees. Such training and education shall 964
include information concerning the federal and state statutory 965
provisions concerning discrimination and hate crimes directed at 966
protected classes and remedies available to victims of discrimination 967
and hate crimes, standards for working with and serving persons from 968
diverse populations and strategies for addressing differences that may 969
arise from diverse work environments; and (B) submit an annual report 970
to the Commission on Human Rights and Opportunities concerning the 971
status of the diversity training and education required under 972
subparagraph (A) of this subdivision. The information in such annual 973
reports shall be reviewed by the commission for the purpose of 974
submitting an annual summary report to the General Assembly. 975
Notwithstanding the provisions of this section, if a state agency has 976
provided such diversity training and education to any of its employees 977
prior to October 1, 1999, such state agency shall not be required to 978
provide such training and education a second time to such employees. 979
The requirements of this subdivision shall be accomplished within 980
available appropriations. As used in this subdivision, "employee" 981
includes any part-time employee who works more than twenty hours 982
per week; 983 Substitute Bill No. 2
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(17) To require each agency to submit information demonstrating its 984
compliance with subdivision (16) of this section as part of its affirmative 985
action plan and to receive and investigate complaints concerning the 986
failure of a state agency to comply with the requirements of subdivision 987
(16) of this section; 988
(18) To enter into contracts for and accept grants of private or federal 989
funds and to accept gifts, donations or bequests, including donations of 990
service by attorneys; 991
(19) To require each state agency to provide a minimum of one hour 992
of training and education related to domestic violence and the resources 993
available to victims of domestic violence (A) to all employees hired prior 994
to January 1, 2023, not later than July 1, 2023, and (B) to all employees 995
hired on or after January 1, 2023, not later than six months after their 996
assumption of a position with a state agency. Such training and 997
education shall include information concerning (i) domestic violence, 998
abuser and victim behaviors; (ii) how domestic violence may impact the 999
workplace; and (iii) the resources available to victims of domestic 1000
violence. The requirements of this subdivision shall be accomplished 1001
within available appropriations using the training and education 1002
materials made available by the commission in accordance with the 1003
provisions of subdivision (10) of subsection (a) of section 46a-56; [and] 1004
(20) To require an employer having three or more employees to post 1005
in a prominent and accessible location information concerning domestic 1006
violence and the resources available to victims of domestic violence in 1007
Connecticut; and 1008
(21) Beginning on July 1, 2025, to require a deployer, or the third party 1009
contracted by a deployer as set forth in subsection (c) of section 3 of this 1010
act, as applicable, to provide to the commission any impact assessment 1011
completed pursuant to said subsection. The deployer or third party shall 1012
provide such impact assessment to the commission in a manner 1013
prescribed by the commission and not later than seven days after the 1014
commission requests such impact assessment. Such impact assessment 1015 Substitute Bill No. 2
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shall be exempt from disclosure under the Freedom of Information Act, 1016
as defined in section 1-200. To the extent any information contained in 1017
any such impact assessment includes any information subject to the 1018
attorney-client privilege or work product protection, such disclosure 1019
shall not constitute a waiver of such privilege or protection. Nothing in 1020
this subdivision shall be construed to require a deployer, or the third 1021
party contracted by a deployer as set forth in subsection (c) of section 3 1022
of this act, as applicable, to disclose any trade secret, as defined in 1023
section 35-51, or other confidential or proprietary information. 1024
Sec. 13. Section 19a-490s of the general statutes is repealed and the 1025
following is substituted in lieu thereof (Effective October 1, 2024): 1026
Except as provided in this section, a health care employer shall report 1027
to such employer's local law enforcement agency any act which may 1028
constitute an assault or related offense, as described in part V of chapter 1029
952, against a health care employee acting in the performance of his or 1030
her duties. A health care employer shall make such report not later than 1031
twenty-four hours after the occurrence of the act. The health care 1032
employer shall provide the names and addresses of those involved with 1033
such act to the local law enforcement agency. A health care employer 1034
shall not be required to report any act which may constitute assault or a 1035
related offense if the act was committed by a person with a disability as 1036
described in subdivision [(13), (15) or (20)] (15), (17) or (22) of section 1037
46a-51, as amended by this act, whose conduct is a clear and direct 1038
manifestation of the disability. 1039
Sec. 14. Subdivision (8) of section 46a-64b of the general statutes is 1040
repealed and the following is substituted in lieu thereof (Effective October 1041
1, 2024): 1042
(8) "Physical or mental disability" includes, but is not limited to, 1043
intellectual disability, as defined in section 1-1g, and physical disability, 1044
as defined in subdivision [(15)] (17) of section 46a-51, as amended by 1045
this act, and also includes, but is not limited to, persons who have a 1046
handicap as that term is defined in the Fair Housing Act. 1047 Substitute Bill No. 2
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Sec. 15. Subsection (c) of section 53a-167c of the 2024 supplement to 1048
the general statutes is repealed and the following is substituted in lieu 1049
thereof (Effective October 1, 2024): 1050
(c) In any prosecution under this section involving assault of a health 1051
care employee, as defined in section 19a-490q, it shall be an affirmative 1052
defense that the defendant is a person with a disability as described in 1053
subdivision [(13), (15) or (20)] (15), (17) or (22) of section 46a-51, as 1054
amended by this act, and the defendant's conduct was a clear and direct 1055
manifestation of the disability, except that for the purposes of this 1056
subsection, "mental disability", as defined in subdivision [(20)] (22) of 1057
section 46a-51, as amended by this act, does not include any abnormality 1058
manifested only by repeated criminal or antisocial conduct. 1059
Sec. 16. (NEW) (Effective from passage) (a) For the purposes of this 1060
section, "artificial intelligence" means: (1) An artificial system that (A) 1061
performs tasks under varying and unpredictable circumstances without 1062
significant human oversight or can learn from experience and improve 1063
such performance when exposed to datasets, (B) is developed in any 1064
context, including, but not limited to, software or physical hardware, 1065
and solves tasks requiring human-like perception, cognition, planning, 1066
learning, communication or physical action, or (C) is designed to (i) 1067
think or act like a human by using, for example, a cognitive architecture 1068
or neural network, or (ii) act rationally by using, for example, an 1069
intelligent software agent or embodied robot that achieves goals 1070
through perception, planning, reasoning, learning, communication, 1071
decision-making or action; and (2) a set of techniques, including, but not 1072
limited to, machine learning, that is designed to approximate a cognitive 1073
task. 1074
(b) There is established an Artificial Intelligence Advisory Council to 1075
engage stakeholders and experts to: (1) Study the laws and regulations 1076
of other states concerning artificial intelligence to ensure that the 1077
definitions included in, and requirements imposed by, the laws and 1078
regulations of this state concerning artificial intelligence are consistent 1079
with the laws and regulations of such other states; (2) maintain an 1080 Substitute Bill No. 2
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ongoing dialogue between academia, government and industry 1081
concerning artificial intelligence; (3) make recommendations concerning 1082
the adoption of legislation to ensure that this state is a leader in artificial 1083
intelligence innovation; and (4) advise the Department of Economic and 1084
Community Development for the purpose of attracting and promoting 1085
the growth of technology businesses in this state. 1086
(c) (1) (A) The advisory council shall be part of the Legislative 1087
Department and consist of the following voting members: (i) One 1088
appointed by the speaker of the House of Representatives, who shall be 1089
a representative of the industries that are developing artificial 1090
intelligence; (ii) two appointed by the president pro tempore of the 1091
Senate, one of whom shall be a representative of a labor union 1092
representing public employees in this state and one of whom shall be a 1093
representative of the industries that are using artificial intelligence; (iii) 1094
one appointed by the majority leader of the House of Representatives, 1095
who shall be an academic with a concentration in the study of 1096
technology and technology policy; (iv) one appointed by the majority 1097
leader of the Senate, who shall be an academic with a concentration in 1098
the study of government and public policy; (v) one appointed by the 1099
minority leader of the House of Representatives, who shall be a 1100
representative of an industry association representing the industries 1101
that are developing artificial intelligence; (vi) one appointed by the 1102
minority leader of the Senate, who shall be a representative of an 1103
industry association representing the industries that are using artificial 1104
intelligence; (vii) one appointed by the House chairperson of the joint 1105
standing committee of the General Assembly having cognizance of 1106
matters relating to consumer protection; (viii) one appointed by the 1107
Senate chairperson of the joint standing committee of the General 1108
Assembly having cognizance of matters relating to consumer 1109
protection; (ix) two appointed by the Governor, who shall be members 1110
of the Connecticut Academy of Science and Engineering; and (x) the 1111
House and Senate chairpersons of the joint standing committee of the 1112
General Assembly having cognizance of matters relating to consumer 1113
protection. 1114 Substitute Bill No. 2
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(B) All voting members appointed pursuant to subparagraphs (A)(i) 1115
to (A)(ix), inclusive, of this subdivision shall have professional 1116
experience or academic qualifications in matters pertaining to artificial 1117
intelligence, automated systems, government policy or another related 1118
field. 1119
(C) All initial appointments to the advisory council under 1120
subparagraphs (A)(i) to (A)(ix), inclusive, of this subdivision shall be 1121
made not later than thirty days after the effective date of this section. 1122
Any vacancy shall be filled by the appointing authority. 1123
(D) Any action taken by the advisory council shall be taken by a 1124
majority vote of all members present who are entitled to vote, provided 1125
no such action may be taken unless at least fifty per cent of such 1126
members are present. 1127
(2) The advisory council shall include the following nonvoting, ex-1128
officio members: (A) The Attorney General, or the Attorney General's 1129
designee; (B) the Comptroller, or the Comptroller's designee; (C) the 1130
Treasurer, or the Treasurer's designee; (D) the Commissioner of 1131
Administrative Services, or said commissioner's designee; (E) the 1132
Commissioner of Economic and Community Development, or said 1133
commissioner's designee; (F) the Chief Data Officer, or said officer's 1134
designee; (G) the executive director of the Freedom of Information 1135
Commission, or said executive director's designee; (H) the executive 1136
director of the Commission on Women, Children, Seniors, Equity and 1137
Opportunity, or said executive director's designee; (I) the Chief Court 1138
Administrator, or said administrator's designee; and (J) the executive 1139
director of the Connecticut Academy of Science and Engineering, or said 1140
executive director's designee. 1141
(d) The Commissioner of Economic and Community Development, 1142
or said commissioner's designee, and the executive director of the 1143
Connecticut Academy of Science and Engineering, or said executive 1144
director's designee, shall serve as chairpersons of the advisory council. 1145
Such chairpersons shall schedule the first meeting of the advisory 1146 Substitute Bill No. 2
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council, which shall be held not later than sixty days after the effective 1147
date of this section. 1148
(e) Not later than January 1, 2025, and at least annually thereafter, the 1149
advisory council shall submit a report, in accordance with the 1150
provisions of section 11-4a of the general statutes, to the joint standing 1151
committee of the General Assembly having cognizance of matters 1152
relating to consumer protection and to the Commissioner of Economic 1153
and Community Development setting forth the advisory council's 1154
findings and recommendations. 1155
(f) The administrative staff of the joint standing committee of the 1156
General Assembly having cognizance of matters relating to consumer 1157
protection shall serve as administrative staff of the advisory council. 1158
Sec. 17. (NEW) (Effective October 1, 2024) (a) A person is guilty of 1159
unlawful dissemination of a synthetic intimate image when (1) such 1160
person intentionally disseminates by electronic or other means a film, 1161
videotape or other image that (A) is not wholly recorded by a camera 1162
and is either partially or wholly generated by a computer system, and 1163
(B) includes a synthetic representation, that is virtually 1164
indistinguishable from an actual representation, (i) of the genitals, pubic 1165
area or buttocks of another person with less than a fully opaque 1166
covering of such body part, (ii) of the breast of another person who is 1167
female with less than a fully opaque covering of any portion of such 1168
breast below the top of the nipple, or (iii) of another person engaged in 1169
sexual intercourse, as defined in section 53a-193 of the general statutes, 1170
(2) such person disseminates such synthetic intimate image without the 1171
consent of such other person, and (3) such other person suffers harm as 1172
a result of such dissemination. For purposes of this subsection, 1173
"disseminate" and "harm" have the same meanings as provided in 1174
section 53a-189c of the general statutes. 1175
(b) The provisions of subsection (a) of this section shall not apply to: 1176
(1) Any synthetic intimate image described in subsection (a) of this 1177
section of such other person if such image resulted from voluntary 1178 Substitute Bill No. 2
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exposure or engagement in sexual intercourse by such other person, in 1179
a public place, as defined in section 53a-181 of the general statutes, or in 1180
a commercial setting; 1181
(2) Any synthetic intimate image described in subsection (a) of this 1182
section of such other person, if such other person is not clearly 1183
identifiable, unless other personally identifying information is 1184
associated with or accompanies such image; 1185
(3) Any synthetic intimate image described in subsection (a) of this 1186
section of such other person, if the dissemination of such image serves 1187
the public interest; or 1188
(4) The dissemination of any synthetic intimate image by a person 1189
who did not know that such other person did not consent to 1190
dissemination of such image. 1191
(c) Unlawful dissemination of a synthetic intimate image to (1) a 1192
person by any means is a class A misdemeanor, and (2) more than one 1193
person by means of an interactive computer service, as defined in 47 1194
USC 230, an information service, as defined in 47 USC 153, or a 1195
telecommunications service, as defined in section 16-247a of the general 1196
statutes, is a class D felony. 1197
(d) Nothing in this section shall be construed to impose liability on 1198
the provider of an interactive computer service, as defined in 47 USC 1199
230, an information service, as defined in 47 USC 153, or a 1200
telecommunications service, as defined in section 16-247a of the general 1201
statutes, for content provided by another person. 1202
Sec. 18. Section 9-600 of the general statutes is repealed and the 1203
following is substituted in lieu thereof (Effective July 1, 2024): 1204
[This] Except as otherwise provided in section 19 of this act, this 1205
chapter applies to: (1) The election, and all primaries preliminary 1206
thereto, of all public officials, except presidential electors, United States 1207
senators and members in Congress, and (2) any referendum question. 1208 Substitute Bill No. 2
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This chapter also applies, except for the provisions of sections 9-611 to 1209
9-620, inclusive, to persons who are candidates in a primary for town 1210
committee members. 1211
Sec. 19. (NEW) (Effective July 1, 2024) (a) As used in this section: 1212
(1) "Artificial intelligence" means a machine-based system that (A) 1213
can, for a given set of human-defined objectives, make predictions, 1214
recommendations or decisions influencing real or virtual environments, 1215
and (B) uses machine and human-based inputs to (i) perceive real and 1216
virtual environments, (ii) abstract such perceptions into models through 1217
analysis in an automated manner, and (iii) formulate options for 1218
information or action through model inference; 1219
(2) "Candidate" means a human being who seeks election, or 1220
nomination for election, to any municipal, federal or state office; 1221
(3) "Deceptive media" means an image, audio or video that (A) 1222
depicts a human being engaging in speech or conduct in which the 1223
human being did not engage, (B) a reasonable viewer or listener would 1224
incorrectly believe depicts such human being engaging in such speech 1225
or conduct, and (C) was produced, in whole or in part, by artificial 1226
intelligence; 1227
(4) "Election" has the same meaning as provided in section 9-1 of the 1228
general statutes; and 1229
(5) "Elector" has the same meaning as provided in section 9-1 of the 1230
general statutes. 1231
(b) Except as provided in subsections (c) and (d) of this section, no 1232
person shall distribute, or enter into an agreement with another person 1233
to distribute, any deceptive media during the ninety-day period 1234
immediately preceding the availability of overseas ballots for an 1235
election, or any primary precedent thereto, as set forth in subsection (b) 1236
of section 9-158c of the general statutes, if: 1237
(1) The person (A) knows such deceptive media depicts any human 1238 Substitute Bill No. 2
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being engaging in speech or conduct in which such human being did 1239
not engage, and (B) in distributing such deceptive media or entering into 1240
such agreement, intends to (i) harm the reputation or electoral prospects 1241
of a candidate in the primary or election, and (ii) change the voting 1242
behavior of electors in the primary or election by deceiving such electors 1243
into incorrectly believing that the human being described in 1244
subparagraph (A) of this subdivision engaged in the speech or conduct 1245
described in said subparagraph; and 1246
(2) It is reasonably foreseeable that the distribution will (A) harm the 1247
reputation or electoral prospects of a candidate in the primary or 1248
election, and (B) change the voting behavior of electors in the primary 1249
or election in the manner set forth in subparagraph (B)(ii) of subdivision 1250
(1) of this subsection. 1251
(c) A person may distribute, or enter into an agreement with another 1252
person to distribute, deceptive media during the ninety-day period set 1253
forth in subsection (b) of this section, provided: 1254
(1) The deceptive media includes a disclaimer informing viewers or 1255
listeners, as applicable, that the media has been manipulated by 1256
technical means and depicts speech or conduct that did not occur; 1257
(2) If the deceptive media is a video, the deceptive media includes a 1258
disclaimer that (A) appears throughout the entirety of the video, (B) is 1259
clearly visible to, and readable by, the average viewer, (C) is in letters (i) 1260
at least as large as the majority of the other text included in the video, or 1261
(ii) if there is no other text included in the video, in a size that is easily 1262
readable by the average viewer, and (D) is in the same language 1263
otherwise used in such deceptive media; 1264
(3) If the deceptive media exclusively consists of audio, the deceptive 1265
media includes a disclaimer that is read (A) at the beginning and end of 1266
the audio, (B) in a clearly spoken manner, (C) in a pitch that can be easily 1267
heard by the average listener, and (D) if the audio is longer than two 1268
minutes in duration, interspersed within the audio at intervals that are 1269
not longer than two minutes in duration; 1270 Substitute Bill No. 2
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(4) If the deceptive media is an image, the deceptive media includes 1271
a disclaimer that (A) is clearly visible to, and readable by, the average 1272
viewer, (B) if the media contains other text, is in letters (i) at least as large 1273
as the majority of the other text included in the image, or (ii) if there is 1274
no other text included in the image, in a size that is easily readable by 1275
the average viewer, and (C) is in the same language otherwise used in 1276
such deceptive media; and 1277
(5) If the deceptive media was generated by editing an existing image, 1278
audio or video, the deceptive media includes a disclaimer that includes 1279
a citation directing the viewer or listener to the original source from 1280
which the unedited version of such existing image, audio or video was 1281
obtained. 1282
(d) The provisions of this section shall not apply to any deceptive 1283
media that constitutes parody or satire. 1284
(e) (1) Any person who violates any provision of this section shall be 1285
guilty of a class C misdemeanor, except that any violation committed 1286
not later than five years after conviction for a prior violation shall be a 1287
class D felony. 1288
(2) Any penalty imposed under subdivision (1) of this subsection 1289
shall be in addition to any injunctive or other equitable relief ordered 1290
under subsection (f) of this section. 1291
(f) (1) The Attorney General, a human being described in 1292
subparagraph (A) of subdivision (1) of subsection (b) of this section or a 1293
candidate for office who has been, or is likely to be, injured by the 1294
distribution of deceptive media in violation of the provisions of this 1295
section, or an organization that represents the interests of electors who 1296
have been, or are likely to be, deceived by any such distribution, may 1297
commence a civil action, in a court of competent jurisdiction, seeking to 1298
permanently enjoin any person who is alleged to have committed such 1299
violation from continuing such violation. 1300
(2) In any civil action commenced under subdivision (1) of this 1301 Substitute Bill No. 2
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subsection, the plaintiff shall bear the burden of proving, by clear and 1302
convincing evidence, that the defendant distributed deceptive media in 1303
violation of the provisions of this section. 1304
(3) Any party, other than the Attorney General, who prevails in a civil 1305
action commenced under subdivision (1) of this subsection shall be 1306
awarded reasonable attorney's fees and costs to be taxed by the court. 1307
Sec. 20. (Effective from passage) (a) As used in this section: 1308
(1) "Artificial intelligence" means any technology, including, but not 1309
limited to, machine learning, that uses data to train an algorithm or 1310
predictive model for the purpose of enabling a computer system or 1311
service to autonomously perform any task, including, but not limited to, 1312
visual perception, language processing or speech recognition, that is 1313
normally associated with human intelligence or perception; 1314
(2) "Generative artificial intelligence" means any form of artificial 1315
intelligence, including, but not limited to, a foundation model, that is 1316
able to produce synthetic digital content; 1317
(3) "Machine learning" means any technique that enables a computer 1318
system or service to autonomously learn and adapt by using algorithms 1319
and statistical models to autonomously analyze and draw inferences 1320
from patterns in data; and 1321
(4) "State agency" means any department, board, council, 1322
commission, institution or other executive branch agency of state 1323
government, including, but not limited to, each constituent unit and 1324
each public institution of higher education. 1325
(b) Each state agency shall, in consultation with the labor unions 1326
representing the employees of the state agency, study how generative 1327
artificial intelligence may be incorporated in its processes to improve 1328
efficiencies. Each state agency shall prepare for any such incorporation 1329
with input from the state agency's employees, including, but not limited 1330
to, any applicable collective bargaining unit that represents its 1331 Substitute Bill No. 2
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employees, and appropriate experts from civil society organizations, 1332
academia and industry. 1333
(c) Not later than January 1, 2025, each state agency shall submit the 1334
results of such study to the Department of Administrative Services, 1335
including a request for approval of any potential pilot project utilizing 1336
generative artificial intelligence that the state agency intends to 1337
establish, provided such use is in accordance with the policies and 1338
procedures established by the Office of Policy and Management 1339
pursuant to subsection (b) of section 4-68jj of the general statutes. Any 1340
such pilot project shall measure how generative artificial intelligence (1) 1341
improves Connecticut residents' experience with and access to 1342
government services, and (2) supports state agency employees in the 1343
performance of their duties in addition to any domain-specific impacts 1344
to be measured by the state agency. The Commissioner of 1345
Administrative Services shall assess any such proposed pilot project in 1346
accordance with the provisions of section 4a-2e of the general statutes, 1347
as amended by this act, and may disapprove any pilot project that fails 1348
such assessment or requires additional legislative authorization. 1349
(d) Not later than February 1, 2025, the Commissioner of 1350
Administrative Services shall submit a report, in accordance with the 1351
provisions of section 11-4a of the general statutes, to the joint standing 1352
committees of the General Assembly having cognizance of matters 1353
relating to consumer protection and government administration. Such 1354
report shall include a summary of all pilot projects approved by the 1355
commissioner under this section and any recommendations for 1356
legislation necessary to implement additional pilot projects. 1357
Sec. 21. Section 4a-2e of the 2024 supplement to the general statutes 1358
is repealed and the following is substituted in lieu thereof (Effective July 1359
1, 2024): 1360
(a) For the purposes of this section: 1361
(1) "Artificial intelligence" means (A) an artificial system that (i) 1362
performs tasks under varying and unpredictable circumstances without 1363 Substitute Bill No. 2
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significant human oversight or can learn from experience and improve 1364
such performance when exposed to data sets, (ii) is developed in any 1365
context, including, but not limited to, software or physical hardware, 1366
and solves tasks requiring human-like perception, cognition, planning, 1367
learning, communication or physical action, or (iii) is designed to (I) 1368
think or act like a human, including, but not limited to, a cognitive 1369
architecture or neural network, or (II) act rationally, including, but not 1370
limited to, an intelligent software agent or embodied robot that achieves 1371
goals using perception, planning, reasoning, learning, communication, 1372
decision-making or action, or (B) a set of techniques, including, but not 1373
limited to, machine learning, that is designed to approximate a cognitive 1374
task; [and] 1375
(2) "Generative artificial intelligence" means any form of artificial 1376
intelligence, including, but not limited to, a foundation model, that is 1377
able to produce synthetic digital content; and 1378
[(2)] (3) "State agency" has the same meaning as provided in section 1379
4d-1. 1380
(b) (1) Not later than December 31, 2023, and annually thereafter, the 1381
[Department] Commissioner of Administrative Services shall conduct 1382
an inventory of all systems that employ artificial intelligence and are in 1383
use by any state agency. Each such inventory shall include at least the 1384
following information for each such system: 1385
(A) The name of such system and the vendor, if any, that provided 1386
such system; 1387
(B) A description of the general capabilities and uses of such system; 1388
(C) Whether such system was used to independently make, inform or 1389
materially support a conclusion, decision or judgment; and 1390
(D) Whether such system underwent an impact assessment prior to 1391
implementation. 1392
(2) The [Department] Commissioner of Administrative Services shall 1393 Substitute Bill No. 2
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make each inventory conducted pursuant to subdivision (1) of this 1394
subsection publicly available on the state's open data portal. 1395
(c) Beginning on February 1, 2024, the [Department] Commissioner 1396
of Administrative Services shall perform ongoing assessments of 1397
systems that employ artificial intelligence and are in use by state 1398
agencies to ensure that no such system shall result in any unlawful 1399
discrimination or disparate impact described in subparagraph (B) of 1400
subdivision (1) of subsection (b) of section 4-68jj. The [department] 1401
commissioner shall perform such assessment in accordance with the 1402
policies and procedures established by the Office of Policy and 1403
Management pursuant to subsection (b) of section 4-68jj. 1404
(d) The Commissioner of Administrative Services shall, in 1405
consultation with other state agencies, collective bargaining units that 1406
represent state agency employees and industry experts, develop 1407
trainings for state agency employees on (1) the use of generative 1408
artificial intelligence tools that are determined by the commissioner, 1409
pursuant to the assessment performed under subsection (c) of this 1410
section, to achieve equitable outcomes, and (2) methods for identifying 1411
and mitigating potential output inaccuracies, fabricated text, 1412
hallucinations and biases of generative artificial intelligence while 1413
respecting the privacy of the public and complying with all applicable 1414
state laws and policies. Beginning on July 1, 2025, the commissioner 1415
shall make such trainings available to state agency employees not less 1416
frequently than annually. 1417
Sec. 22. Subsection (b) of section 4-124w of the 2024 supplement to the 1418
general statutes is repealed and the following is substituted in lieu 1419
thereof (Effective July 1, 2024): 1420
(b) The department head of the Office of Workforce Strategy shall be 1421
the Chief Workforce Officer, who shall be appointed by the Governor in 1422
accordance with the provisions of sections 4-5 to 4-8, inclusive, with the 1423
powers and duties therein prescribed. The Chief Workforce Officer shall 1424
be qualified by training and experience to perform the duties of the 1425 Substitute Bill No. 2
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office as set forth in this section and shall have knowledge of publicly 1426
funded workforce training programs. The Chief Workforce Officer shall: 1427
(1) Be the principal advisor for workforce development policy, 1428
strategy and coordination to the Governor; 1429
(2) Be the lead state official for the development of employment and 1430
training strategies and initiatives; 1431
(3) Be the chairperson of the Workforce Cabinet, which shall consist 1432
of agencies involved with employment and training, as designated by 1433
the Governor pursuant to section 31-3m. The Workforce Cabinet shall 1434
meet at the direction of the Governor or the Chief Workforce Officer; 1435
(4) Be the liaison between the Governor, the Governor's Workforce 1436
Council, established pursuant to section 31-3h and any local, regional, 1437
state or federal organizations and entities with respect to workforce 1438
development policy, strategy and coordination, including, but not 1439
limited to, implementation of the Workforce Innovation and 1440
Opportunity Act of 2014, P.L. 113-128, as amended from time to time; 1441
(5) Develop, and update as necessary, a state workforce strategy in 1442
consultation with the Governor's Workforce Council and the Workforce 1443
Cabinet and subject to the approval of the Governor. The Chief 1444
Workforce Officer shall submit, in accordance with the provisions of 1445
section 11-4a, the state workforce strategy to the joint standing 1446
committees of the General Assembly having cognizance of matters 1447
relating to appropriations, commerce, education, higher education and 1448
employment advancement, and labor and public employees at least 1449
thirty days before submitting such state workforce strategy to the 1450
Governor for his or her approval; 1451
(6) Coordinate workforce development activities (A) funded through 1452
state resources, (B) funded through funds received pursuant to the 1453
Workforce Innovation and Opportunity Act of 2014, P.L. 113-128, as 1454
amended from time to time, or (C) administered in collaboration with 1455
any state agency for the purpose of furthering the goals and outcomes 1456 Substitute Bill No. 2
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of the state workforce strategy approved by the Governor pursuant to 1457
subdivision (5) of this subsection and the workforce development plan 1458
developed by the Governor's Workforce Council pursuant to the 1459
provisions of section 31-11p; 1460
(7) Collaborate with the regional workforce development boards to 1461
adapt the best practices for workforce development established by such 1462
boards for state-wide implementation, if possible; 1463
(8) Coordinate measurement and evaluation of outcomes across 1464
education and workforce development programs, in conjunction with 1465
state agencies, including, but not limited to, the Labor Department, the 1466
Department of Education and the Office of Policy and Management; 1467
(9) Notwithstanding any provision of the general statutes, review any 1468
state plan for each program set forth in Section 103(b) of the Workforce 1469
Innovation and Opportunity Act of 2014, P.L. 113-128, as amended from 1470
time to time, before such plan is submitted to the Governor; 1471
(10) Establish methods and procedures to ensure the maximum 1472
involvement of members of the public, the legislature and local officials 1473
in workforce development policy, strategy and coordination; 1474
(11) In conjunction with one or more state agencies enter into such 1475
contractual agreements, in accordance with established procedures and 1476
the approval of the Secretary of the Office of Policy and Management, 1477
as may be necessary to carry out the provisions of this section. The Chief 1478
Workforce Officer may enter into agreements with other state agencies 1479
for the purpose of performing the duties of the Office of Workforce 1480
Strategy, including, but not limited to, administrative, human resources, 1481
finance and information technology functions; 1482
(12) Market and communicate the state workforce strategy to ensure 1483
maximum engagement with students, trainees, job seekers and 1484
businesses while effectively elevating the state's workforce profile 1485
nationally; 1486 Substitute Bill No. 2
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(13) For the purposes of subsection (a) of section 10-21c identify 1487
subject areas, courses, curriculum, content and programs that may be 1488
offered to students in elementary and high school in order to improve 1489
student outcomes and meet the workforce needs of the state; 1490
(14) Issue guidance to state agencies, the Governor's Workforce 1491
Council and regional workforce development boards in furtherance of 1492
the state workforce strategy and the workforce development plan 1493
developed by the Governor's Workforce Council pursuant to the 1494
provisions of section 31-11p. Such guidance shall be approved by the 1495
Secretary of the Office of Policy and Management, allow for a reasonable 1496
period for implementation and take effect not less than thirty days from 1497
such approval. The Chief Workforce Officer shall consult on the 1498
development and implementation of any guidance with the agency, 1499
council or board impacted by such guidance; 1500
(15) Coordinate, in consultation with the Labor Department and 1501
regional workforce development boards to ensure compliance with 1502
state and federal laws for the purpose of furthering the service 1503
capabilities of programs offered pursuant to the Workforce Innovation 1504
and Opportunity Act, P.L. 113-128, as amended from time to time, and 1505
the United States Department of Labor's American Job Center system; 1506
(16) Coordinate, in consultation with the Department of Social 1507
Services, with community action agencies to further the state workforce 1508
strategy; [and] 1509
(17) In consultation with the regional workforce development boards 1510
established under section 31-3k, the Department of Economic and 1511
Community Development and other relevant state agencies, incorporate 1512
training concerning artificial intelligence, as defined in section 23 of this 1513
act, into workforce training programs offered in this state; 1514
(18) In consultation with the Department of Economic and 1515
Community Development, the Connecticut Academy of Science and 1516
Engineering, the Commission for Educational Technology established 1517
in section 4d-80 and broadband Internet access service providers, as 1518 Substitute Bill No. 2
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defined in section 16-330a, design an outreach program for the purpose 1519
of promoting access to broadband Internet access service, as defined in 1520
section 16-330a and in accordance with the state digital equity plan, in 1521
underserved communities in this state, and identify a nonprofit 1522
organization to implement and lead such outreach program under the 1523
supervision of the Chief Workforce Officer, the Department of 1524
Economic and Community Development, the Connecticut Academy of 1525
Science and Engineering and the Commission for Educational 1526
Technology; and 1527
[(17)] (19) Take any other action necessary to carry out the provisions 1528
of this section. 1529
Sec. 23. (NEW) (Effective July 1, 2024) Not later than July 1, 2025, the 1530
Board of Regents for Higher Education shall establish, on behalf of 1531
Charter Oak State College and in consultation with the independent 1532
institutions of higher education in this state, a "Connecticut Citizens 1533
Academy" for the purpose of curating and offering online courses 1534
concerning artificial intelligence and the responsible use of artificial 1535
intelligence. The board shall, in consultation with Charter Oak State 1536
College, develop certificates and badges to be awarded to persons who 1537
successfully complete such courses. As used in this section, "artificial 1538
intelligence" means any technology, including, but not limited to, 1539
machine learning, that uses data to train an algorithm or predictive 1540
model for the purpose of enabling a computer system or service to 1541
autonomously perform any task, including, but not limited to, visual 1542
perception, language processing or speech recognition, that is normally 1543
associated with human intelligence or perception. 1544
Sec. 24. (NEW) (Effective July 1, 2024) (a) As used in this section: 1545
(1) "Artificial intelligence" has the same meaning as provided in 1546
section 23 of this act; 1547
(2) "Artificial intelligence system" means any machine-based system 1548
that, for any explicit or implicit objective, infers from the inputs such 1549
system receives how to generate outputs, including, but not limited to, 1550 Substitute Bill No. 2
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content, decisions, predictions or recommendations, that can influence 1551
physical or virtual environments; 1552
(3) "General-purpose artificial intelligence model" (A) means any 1553
form of artificial intelligence system that (i) displays significant 1554
generality, (ii) is capable of competently performing a wide range of 1555
distinct tasks, and (iii) can be integrated into a variety of downstream 1556
applications or systems, and (B) does not include any artificial 1557
intelligence model that is used for development, prototyping and 1558
research activities before such model is released on the market; 1559
(4) "Generative artificial intelligence system" means any artificial 1560
intelligence system, including, but not limited to, a general-purpose 1561
artificial intelligence model, that is able to produce or manipulate 1562
synthetic digital content; 1563
(5) "Prompt engineering" means the process of guiding a generative 1564
artificial intelligence system to generate a desired output; and 1565
(6) "Synthetic digital content" means any digital content, including, 1566
but not limited to, any audio, image, text or video, that is produced or 1567
manipulated by a generative artificial intelligence system. 1568
(b) Not later than July 1, 2025, the Board of Regents for Higher 1569
Education shall establish, on behalf of the regional community-technical 1570
colleges, certificate programs in prompt engineering, artificial 1571
intelligence marketing for small businesses and artificial intelligence for 1572
small business operations. 1573
Sec. 25. (Effective July 1, 2024) Not later than December 31, 2024, the 1574
Department of Economic and Community Development shall: 1575
(1) In collaboration with The University of Connecticut and the 1576
Connecticut State Colleges and Universities, develop a plan to offer 1577
high-performance computing services to businesses and researchers in 1578
this state; 1579
(2) In collaboration with The University of Connecticut, establish a 1580 Substitute Bill No. 2
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state-wide research collaborative among health care providers to enable 1581
the development of advanced analytics, ethical and trustworthy 1582
artificial intelligence, as defined in section 23 of this act, and hands-on 1583
workforce education while using methods that protect patient privacy; 1584
and 1585
(3) In collaboration with industry and academia, conduct a "CT AI 1586
Symposium" to foster collaboration between academia, government and 1587
industry for the purpose of promoting the establishment and growth of 1588
artificial intelligence businesses in this state. 1589
Sec. 26. (NEW) (Effective from passage) The Department of Economic 1590
and Community Development shall, within available appropriations, 1591
establish and administer a competitive grant program to fund pilot 1592
studies conducted for the purpose of using artificial intelligence to 1593
reduce health inequities in this state. No grant awarded pursuant to this 1594
section shall be in an amount that exceeds twenty thousand dollars. As 1595
used in this section, "artificial intelligence" means any technology, 1596
including, but not limited to, machine learning, that uses data to train 1597
an algorithm or predictive model for the purpose of enabling a 1598
computer system or service to autonomously perform any task, 1599
including, but not limited to, visual perception, language processing or 1600
speech recognition, that is normally associated with human intelligence 1601
or perception. 1602
Sec. 27. (NEW) (Effective from passage) The Department of Economic 1603
and Community Development shall, within available appropriations, 1604
establish and administer a competitive grant program to fund pilot 1605
programs established by hospitals, fire departments, schools, nonprofit 1606
providers, the Judicial Department and the Department of Correction 1607
for the purpose of clinically integrating algorithms or utilizing virtual 1608
trainings. No grant awarded pursuant to this section shall be in an 1609
amount that exceeds seventy-five thousand dollars. 1610
Sec. 28. Subsection (a) of section 32-1c of the general statutes is 1611
repealed and the following is substituted in lieu thereof (Effective July 1, 1612 Substitute Bill No. 2
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2024): 1613
(a) In addition to any other powers, duties and responsibilities 1614
provided for in this chapter, chapter 131, chapter 579 and section 4-8 and 1615
subsection (a) of section 10-409, the commissioner shall have the 1616
following powers, duties and responsibilities: (1) To administer and 1617
direct the operations of the Department of Economic and Community 1618
Development; (2) to report annually to the Governor, as provided in 1619
section 4-60; (3) to conduct and administer the research and planning 1620
functions necessary to carry out the purposes of said chapters and 1621
sections; (4) to encourage and promote the development of industry and 1622
business in the state and to investigate, study and undertake ways and 1623
means of promoting and encouraging the prosperous development and 1624
protection of the legitimate interest and welfare of Connecticut business, 1625
industry and commerce, within and outside the state; (5) to serve, ex 1626
officio as a director on the board of Connecticut Innovations, 1627
Incorporated; (6) to serve as a member of the Committee of Concern for 1628
Connecticut Jobs; (7) to promote and encourage the location and 1629
development of new business in the state as well as the maintenance and 1630
expansion of existing business and for that purpose to cooperate with 1631
state and local agencies and individuals both within and outside the 1632
state; (8) to plan and conduct a program of information and publicity 1633
designed to attract tourists, visitors and other interested persons from 1634
outside the state to this state and also to encourage and coordinate the 1635
efforts of other public and private organizations or groups of citizens to 1636
publicize the facilities and attractions of the state for the same purposes; 1637
(9) to advise and cooperate with municipalities, persons and local 1638
planning agencies within the state for the purpose of promoting 1639
coordination between the state and such municipalities as to plans and 1640
development; (10) by reallocating funding from other agency accounts 1641
or programs, to assign adequate and available staff to provide technical 1642
assistance to businesses in the state in exporting, manufacturing and 1643
cluster-based initiatives and to provide guidance and advice on 1644
regulatory matters; (11) to aid minority businesses in their development; 1645
(12) to appoint such assistants, experts, technicians and clerical staff, 1646 Substitute Bill No. 2
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subject to the provisions of chapter 67, as are necessary to carry out the 1647
purposes of said chapters and sections; (13) to employ other consultants 1648
and assistants on a contract or other basis for rendering financial, 1649
technical or other assistance and advice; (14) to acquire or lease facilities 1650
located outside the state subject to the provisions of section 4b-23; (15) 1651
to advise and inform municipal officials concerning economic 1652
development and collect and disseminate information pertaining 1653
thereto, including information about federal, state and private 1654
assistance programs and services pertaining thereto; (16) to inquire into 1655
the utilization of state government resources and coordinate federal and 1656
state activities for assistance in and solution of problems of economic 1657
development and to inform and advise the Governor about and propose 1658
legislation concerning such problems; (17) to conduct, encourage and 1659
maintain research and studies relating to industrial and commercial 1660
development; (18) to prepare and review model ordinances and charters 1661
relating to these areas; (19) to maintain an inventory of data and 1662
information and act as a clearinghouse and referral agency for 1663
information on state and federal programs and services relative to the 1664
purpose set forth herein. The inventory shall include information on all 1665
federal programs of financial assistance for defense conversion projects 1666
and other projects consistent with a defense conversion strategy and 1667
shall identify businesses which would be eligible for such assistance and 1668
provide notification to such business of such programs; (20) to conduct, 1669
encourage and maintain research and studies and advise municipal 1670
officials about forms of cooperation between public and private 1671
agencies designed to advance economic development; (21) to promote 1672
and assist the formation of municipal and other agencies appropriate to 1673
the purposes of this chapter; (22) to require notice of the submission of 1674
all applications by municipalities and any agency thereof for federal and 1675
state financial assistance for economic development programs as relate 1676
to the purposes of this chapter; (23) with the approval of the 1677
Commissioner of Administrative Services, to reimburse any employee 1678
of the department, including the commissioner, for reasonable business 1679
expenses, including but not limited to, mileage, travel, lodging, and 1680
entertainment of business prospects and other persons to the extent 1681 Substitute Bill No. 2
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necessary or advisable to carry out the purposes of subdivisions (4), (7), 1682
(8) and (11) of this subsection and other provisions of this chapter; (24) 1683
to assist in resolving solid waste management issues; (25) (A) to serve as 1684
an information clearinghouse for various public and private programs 1685
available to assist businesses, and (B) to identify specific micro 1686
businesses, as defined in section 32-344, whose growth and success 1687
could benefit from state or private assistance and contact such small 1688
businesses in order to (i) identify their needs, (ii) provide information 1689
about public and private programs for meeting such needs, including, 1690
but not limited to, technical assistance, job training and financial 1691
assistance, and (iii) arrange for the provision of such assistance to such 1692
businesses; (26) to enhance and promote the digital media and motion 1693
picture industries in the state; (27) by reallocating funding from other 1694
agency accounts or programs, to develop a marketing campaign that 1695
promotes Connecticut as a place of innovation; [and] (28) by reallocating 1696
funding from other agency accounts or programs, to execute the steps 1697
necessary to implement the knowledge corridor agreement with 1698
Massachusetts to promote the biomedical device industry; and (29) to 1699
designate an employee of the Department of Economic and Community 1700
Development to serve as the primary point of contact for economic 1701
development in the field of artificial intelligence, as defined in section 1702
23 of this act. 1703
Sec. 29. Subsection (a) of section 17b-245g of the general statutes is 1704
repealed and the following is substituted in lieu thereof (Effective July 1, 1705
2024): 1706
(a) As used in this section: 1707
(1) "Telehealth" means the mode of delivering health care or other 1708
health services via information and communication technologies to 1709
facilitate the diagnosis, consultation and treatment, education, care 1710
management and self-management of a patient's physical, oral and 1711
mental health, and includes (A) interaction between the patient at the 1712
originating site and the telehealth provider at a distant site, and (B) 1713
synchronous interactions, asynchronous store and forward transfers or 1714 Substitute Bill No. 2
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remote patient monitoring. "Telehealth" does not include the use of 1715
facsimile, texting or electronic mail. 1716
(2) "Connecticut medical assistance program" means the state's 1717
Medicaid program and the Children's Health Insurance Program under 1718
Title XXI of the Social Security Act, as amended from time to time. 1719
(3) "Remote patient monitoring" means the collection and 1720
interpretation of a patient's physiologic data that is digitally transmitted 1721
to a telehealth provider, and the treatment management services 1722
involving the use of such physiologic data by a telehealth provider to 1723
manage the patient's treatment plan. 1724
Sec. 30. (Effective from passage) (a) As used in this section, "artificial 1725
intelligence" means any technology, including, but not limited to, 1726
machine learning, that uses data to train an algorithm or predictive 1727
model for the purpose of enabling a computer system or service to 1728
autonomously perform any task, including, but not limited to, visual 1729
perception, language processing or speech recognition, that is normally 1730
associated with human intelligence or perception. 1731
(b) The Department of Public Health shall conduct a study of, and 1732
make recommendations regarding the adoption of, governance 1733
standards concerning the use of artificial intelligence by health care 1734
providers. Such study shall include, but need not be limited to, an 1735
assessment of the extent to which health care providers currently use 1736
artificial intelligence, any means available to increase such use, any risks 1737
stemming from such use and any means available to monitor the 1738
outcomes produced by artificial intelligence to ensure that such 1739
outcomes are having the desired effect on patient outcomes. 1740
(c) Not later than January 1, 2025, the department shall submit a 1741
report, in accordance with the provisions of section 11-4a of the general 1742
statutes, to the joint standing committees of the General Assembly 1743
having cognizance of matters relating to consumer protection and 1744
public health. Such report shall contain the results of the study 1745
conducted, and recommendations made, pursuant to subsection (b) of 1746 Substitute Bill No. 2
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this section. 1747
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024 New section
Sec. 2 October 1, 2024 New section
Sec. 3 October 1, 2024 New section
Sec. 4 October 1, 2024 New section
Sec. 5 October 1, 2024 New section
Sec. 6 October 1, 2024 New section
Sec. 7 October 1, 2024 New section
Sec. 8 October 1, 2024 New section
Sec. 9 October 1, 2024 New section
Sec. 10 October 1, 2024 46a-51
Sec. 11 October 1, 2024 New section
Sec. 12 October 1, 2024 46a-54
Sec. 13 October 1, 2024 19a-490s
Sec. 14 October 1, 2024 46a-64b(8)
Sec. 15 October 1, 2024 53a-167c(c)
Sec. 16 from passage New section
Sec. 17 October 1, 2024 New section
Sec. 18 July 1, 2024 9-600
Sec. 19 July 1, 2024 New section
Sec. 20 from passage New section
Sec. 21 July 1, 2024 4a-2e
Sec. 22 July 1, 2024 4-124w(b)
Sec. 23 July 1, 2024 New section
Sec. 24 July 1, 2024 New section
Sec. 25 July 1, 2024 New section
Sec. 26 from passage New section
Sec. 27 from passage New section
Sec. 28 July 1, 2024 32-1c(a)
Sec. 29 July 1, 2024 17b-245g(a)
Sec. 30 from passage New section
GL Joint Favorable Subst.
JUD Joint Favorable Substitute Bill No. 2
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