4 | 6 | | |
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5 | 7 | | General Assembly Substitute Bill No. 2 |
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6 | 8 | | February Session, 2024 |
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7 | 9 | | |
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8 | 10 | | |
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9 | 11 | | |
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10 | 12 | | |
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11 | 13 | | AN ACT CONCERNING ARTIFICIAL INTELLIGENCE. |
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12 | 14 | | Be it enacted by the Senate and House of Representatives in General |
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13 | 15 | | Assembly convened: |
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14 | 16 | | |
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15 | 17 | | Section 1. (NEW) (Effective October 1, 2024) For the purposes of this 1 |
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16 | 18 | | section and sections 2 to 9, inclusive, of this act, unless the context 2 |
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17 | 19 | | otherwise requires: 3 |
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18 | 20 | | (1) "Algorithmic discrimination" (A) means any condition in which 4 |
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19 | 21 | | an artificial intelligence system materially increases the risk of any 5 |
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20 | 22 | | unjustified differential treatment or impact that disfavors any 6 |
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21 | 23 | | individual or group of individuals on the basis of their actual or 7 |
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22 | 24 | | perceived age, color, disability, ethnicity, genetic information, limited 8 |
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23 | 25 | | proficiency in the English language, national origin, race, religion, 9 |
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24 | 26 | | reproductive health, sex, veteran status or other classification protected 10 |
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25 | 27 | | under the laws of this state, and (B) does not include (i) any offer, license 11 |
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26 | 28 | | or use of an artificial intelligence system by a developer or deployer for 12 |
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27 | 29 | | the sole purpose of (I) the developer's or deployer's self-testing to 13 |
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28 | 30 | | identify, mitigate or prevent discrimination or otherwise ensure 14 |
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29 | 31 | | compliance with state and federal law, or (II) expanding an applicant, 15 |
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30 | 32 | | customer or participant pool to increase diversity or redress historic 16 |
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31 | 33 | | discrimination, or (ii) any act or omission by or on behalf of a private 17 |
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32 | 34 | | club or other establishment not in fact open to the public, as set forth in 18 |
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33 | 35 | | Title II of the Civil Rights Act of 1964, 42 USC 2000a(e), as amended from 19 |
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34 | 36 | | time to time; 20 Substitute Bill No. 2 |
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35 | 37 | | |
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36 | 38 | | |
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38 | 42 | | |
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39 | 43 | | (2) "Artificial intelligence system" means any machine-based system 21 |
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40 | 44 | | that, for any explicit or implicit objective, infers from the inputs such 22 |
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41 | 45 | | system receives how to generate outputs, including, but not limited to, 23 |
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42 | 46 | | content, decisions, predictions or recommendations, that can influence 24 |
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43 | 47 | | physical or virtual environments; 25 |
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44 | 48 | | (3) "Consequential decision" means any decision that has a material 26 |
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45 | 49 | | legal or similarly significant effect on any consumer's access to, or 27 |
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46 | 50 | | availability, cost or terms of, any criminal justice remedy, education 28 |
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47 | 51 | | enrollment or opportunity, employment or employment opportunity, 29 |
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48 | 52 | | essential good or service, financial or lending service, essential 30 |
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49 | 53 | | government service, health care service, housing, insurance or legal 31 |
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50 | 54 | | service; 32 |
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51 | 55 | | (4) "Consumer" means any individual who is a resident of this state; 33 |
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52 | 56 | | (5) "Deploy" means to use a generative artificial intelligence system 34 |
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53 | 57 | | or high-risk artificial intelligence system; 35 |
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54 | 58 | | (6) "Deployer" means any person doing business in this state that 36 |
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55 | 59 | | deploys (A) a generative artificial intelligence system, or (B) a high-risk 37 |
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56 | 60 | | artificial intelligence system; 38 |
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57 | 61 | | (7) "Developer" means any person doing business in this state that 39 |
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58 | 62 | | develops, or intentionally and substantially modifies, (A) a general-40 |
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59 | 63 | | purpose artificial intelligence model, (B) a generative artificial 41 |
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60 | 64 | | intelligence system, or (C) a high-risk artificial intelligence system; 42 |
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61 | 65 | | (8) "General-purpose artificial intelligence model" (A) means any 43 |
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62 | 66 | | form of artificial intelligence system that (i) displays significant 44 |
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63 | 67 | | generality, (ii) is capable of competently performing a wide range of 45 |
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64 | 68 | | distinct tasks, and (iii) can be integrated into a variety of downstream 46 |
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65 | 69 | | applications or systems, and (B) does not include any artificial 47 |
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66 | 70 | | intelligence model that is used for development, prototyping and 48 |
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67 | 71 | | research activities before such model is released on the market; 49 |
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68 | 72 | | (9) "Generative artificial intelligence system" means any artificial 50 Substitute Bill No. 2 |
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69 | 73 | | |
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70 | 74 | | |
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72 | 78 | | |
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73 | 79 | | intelligence system, including, but not limited to, a general-purpose 51 |
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74 | 80 | | artificial intelligence model, that is able to produce or manipulate 52 |
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75 | 81 | | synthetic digital content; 53 |
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76 | 82 | | (10) "High-risk artificial intelligence system" means any artificial 54 |
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77 | 83 | | intelligence system that has been specifically developed and marketed, 55 |
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78 | 84 | | or intentionally and substantially modified, to make, or be a controlling 56 |
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79 | 85 | | factor in making, a consequential decision; 57 |
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80 | 86 | | (11) "Intentional and substantial modification" means any deliberate 58 |
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81 | 87 | | change made to (A) a generative artificial intelligence system, other than 59 |
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82 | 88 | | a change made to a generative artificial intelligence system as a result of 60 |
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83 | 89 | | learning after the generative artificial intelligence system has been 61 |
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84 | 90 | | deployed, that (i) affects compliance of the generative artificial 62 |
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85 | 91 | | intelligence system, or (ii) changes the purpose of the generative 63 |
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86 | 92 | | artificial intelligence system, or (B) a high-risk artificial intelligence 64 |
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87 | 93 | | system that creates, or potentially creates, any new risk of algorithmic 65 |
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88 | 94 | | discrimination; 66 |
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89 | 95 | | (12) "Person" means any individual, association, corporation, limited 67 |
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90 | 96 | | liability company, partnership, trust or other legal entity; and 68 |
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91 | 97 | | (13) "Synthetic digital content" means any digital content, including, 69 |
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92 | 98 | | but not limited to, any audio, image, text or video, that is produced or 70 |
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93 | 99 | | manipulated by a generative artificial intelligence system. 71 |
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94 | 100 | | Sec. 2. (NEW) (Effective October 1, 2024) (a) Beginning on July 1, 2025, 72 |
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95 | 101 | | each developer shall use reasonable care to protect consumers from any 73 |
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96 | 102 | | known or reasonably foreseeable risks of algorithmic discrimination. In 74 |
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97 | 103 | | any enforcement action brought on or after said date by the Attorney 75 |
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98 | 104 | | General or the Commissioner of Consumer Protection pursuant to 76 |
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99 | 105 | | section 9 of this act, there shall be a rebuttable presumption that a 77 |
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100 | 106 | | developer used reasonable care as required under this subsection if the 78 |
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101 | 107 | | developer complied with the provisions of this section. 79 |
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102 | 108 | | (b) Beginning on July 1, 2025, and except as provided in subsection 80 |
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103 | 109 | | (f) of this section, no developer shall offer, sell, lease, license, give or 81 Substitute Bill No. 2 |
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104 | 110 | | |
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105 | 111 | | |
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107 | 115 | | |
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108 | 116 | | otherwise make available to a deployer a high-risk artificial intelligence 82 |
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109 | 117 | | system unless the developer also makes available to the deployer: 83 |
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110 | 118 | | (1) A general statement describing the intended uses of such high-84 |
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111 | 119 | | risk artificial intelligence system; and 85 |
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112 | 120 | | (2) Documentation (A) disclosing (i) known or reasonably foreseeable 86 |
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113 | 121 | | limitations of such high-risk artificial intelligence system, including, but 87 |
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114 | 122 | | not limited to, known or reasonably foreseeable risks of algorithmic 88 |
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115 | 123 | | discrimination arising from the intended uses of such high-risk artificial 89 |
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116 | 124 | | intelligence system, (ii) the purpose of such high-risk artificial 90 |
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117 | 125 | | intelligence system, and (iii) the intended benefits and uses of such high-91 |
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118 | 126 | | risk artificial intelligence system, and (B) describing (i) the type of data 92 |
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119 | 127 | | used to train such high-risk artificial intelligence system, (ii) how such 93 |
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120 | 128 | | high-risk artificial intelligence system was evaluated for performance 94 |
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121 | 129 | | and relevant information related to explainability before such high-risk 95 |
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122 | 130 | | artificial intelligence system was offered, sold, leased, licensed, given or 96 |
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123 | 131 | | otherwise made available to a deployer, (iii) the data governance 97 |
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124 | 132 | | measures used to cover the training datasets and the measures used to 98 |
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125 | 133 | | examine the suitability of data sources, possible biases and appropriate 99 |
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126 | 134 | | mitigation, (iv) the intended outputs of such high-risk artificial 100 |
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127 | 135 | | intelligence system, (v) the measures the developer has taken to mitigate 101 |
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128 | 136 | | any known or reasonably foreseeable risks of algorithmic discrimination 102 |
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129 | 137 | | that may arise from deployment of such high-risk artificial intelligence 103 |
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130 | 138 | | system, and (vi) how such high-risk artificial intelligence system will be 104 |
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131 | 139 | | used or monitored by an individual when such high-risk artificial 105 |
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132 | 140 | | intelligence system is used to make, or as a controlling factor in making, 106 |
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133 | 141 | | a consequential decision. 107 |
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134 | 142 | | (c) Except as provided in subsection (f) of this section, any developer 108 |
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135 | 143 | | that, on or after July 1, 2025, offers, sells, leases, licenses, gives or 109 |
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136 | 144 | | otherwise makes available to a deployer a high-risk artificial intelligence 110 |
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137 | 145 | | system shall provide to the deployer, to the extent feasible, the 111 |
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138 | 146 | | documentation and information necessary for the deployer, or a third 112 |
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139 | 147 | | party contracted by the deployer, to complete an impact assessment 113 |
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140 | 148 | | pursuant to subsection (c) of section 3 of this act. The developer shall 114 Substitute Bill No. 2 |
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141 | 149 | | |
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142 | 150 | | |
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144 | 154 | | |
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145 | 155 | | provide such documentation and information to the deployer through 115 |
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146 | 156 | | artifacts such as model cards, dataset cards or other impact assessments, 116 |
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147 | 157 | | and such documentation and information shall enable the deployer, or 117 |
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148 | 158 | | a third party contracted by the deployer, to complete an impact 118 |
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149 | 159 | | assessment pursuant to subsection (c) of section 3 of this act. 119 |
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150 | 160 | | (d) (1) Beginning on July 1, 2025, each developer shall make available, 120 |
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151 | 161 | | in a manner that is clear and readily available for public inspection on 121 |
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152 | 162 | | such developer's Internet web site or in a public use case inventory, a 122 |
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153 | 163 | | statement summarizing: 123 |
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154 | 164 | | (A) The types of high-risk artificial intelligence systems that such 124 |
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155 | 165 | | developer (i) has developed or intentionally and substantially modified, 125 |
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156 | 166 | | and (ii) currently makes available to deployers; and 126 |
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157 | 167 | | (B) How such developer manages known or reasonably foreseeable 127 |
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158 | 168 | | risks of algorithmic discrimination arising from development or 128 |
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159 | 169 | | intentional and substantial modification of the types of high-risk 129 |
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160 | 170 | | artificial intelligence systems described in subparagraph (A) of this 130 |
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161 | 171 | | subdivision. 131 |
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162 | 172 | | (2) Each developer shall update the statement described in 132 |
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163 | 173 | | subdivision (1) of this subsection (A) as necessary to ensure that such 133 |
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164 | 174 | | statement remains accurate, and (B) not later than ninety days after the 134 |
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165 | 175 | | developer intentionally and substantially modifies any high-risk 135 |
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166 | 176 | | artificial intelligence system described in subparagraph (A) of 136 |
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167 | 177 | | subdivision (1) of this subsection. 137 |
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168 | 178 | | (e) Beginning on July 1, 2025, the developer of a high-risk artificial 138 |
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169 | 179 | | intelligence system shall disclose to the Attorney General, the 139 |
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170 | 180 | | Commissioner of Consumer Protection and all known deployers of the 140 |
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171 | 181 | | high-risk artificial intelligence system any known or reasonably 141 |
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172 | 182 | | foreseeable risk of algorithmic discrimination arising from the intended 142 |
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173 | 183 | | uses of such high-risk artificial intelligence system not later than ninety 143 |
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174 | 184 | | days after the date on which such developer: 144 |
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175 | 185 | | (1) Discovers through such developer's ongoing testing and analysis 145 Substitute Bill No. 2 |
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176 | 186 | | |
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177 | 187 | | |
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179 | 191 | | |
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180 | 192 | | that such high-risk artificial intelligence system has been deployed and 146 |
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181 | 193 | | caused, or is reasonably likely to have caused, algorithmic 147 |
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182 | 194 | | discrimination; or 148 |
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183 | 195 | | (2) Receives from a deployer a credible report that such high-risk 149 |
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184 | 196 | | artificial intelligence system has been deployed and caused, or is 150 |
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185 | 197 | | reasonably likely to have caused, algorithmic discrimination. 151 |
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186 | 198 | | (f) Nothing in subsections (b) to (e), inclusive, of this section shall be 152 |
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187 | 199 | | construed to require a developer to disclose any trade secret, as defined 153 |
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188 | 200 | | in section 35-51 of the general statutes, or other confidential or 154 |
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189 | 201 | | proprietary information. 155 |
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190 | 202 | | (g) Beginning on July 1, 2025, the Attorney General or the 156 |
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191 | 203 | | Commissioner of Consumer Protection may require that a developer 157 |
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192 | 204 | | disclose to the Attorney General or the Commissioner of Consumer 158 |
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193 | 205 | | Protection, in a form and manner prescribed by the Attorney General or 159 |
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194 | 206 | | the Commissioner of Consumer Protection, any statement or 160 |
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195 | 207 | | documentation described in subsection (b) of this section if such 161 |
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196 | 208 | | statement or documentation is relevant to an investigation conducted 162 |
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197 | 209 | | by the Attorney General or the Commissioner of Consumer Protection. 163 |
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198 | 210 | | The Attorney General or the Commissioner of Consumer Protection 164 |
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199 | 211 | | may evaluate such statement or documentation to ensure compliance 165 |
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200 | 212 | | with the provisions of this section, and such statement or 166 |
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201 | 213 | | documentation shall be exempt from disclosure under the Freedom of 167 |
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202 | 214 | | Information Act, as defined in section 1-200 of the general statutes. To 168 |
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203 | 215 | | the extent any information contained in any such statement or 169 |
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204 | 216 | | documentation includes any information subject to the attorney-client 170 |
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205 | 217 | | privilege or work product protection, such disclosure shall not 171 |
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206 | 218 | | constitute a waiver of such privilege or protection. 172 |
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207 | 219 | | Sec. 3. (NEW) (Effective October 1, 2024) (a) Beginning on July 1, 2025, 173 |
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208 | 220 | | each deployer of a high-risk artificial intelligence system shall use 174 |
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209 | 221 | | reasonable care to protect consumers from any known or reasonably 175 |
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210 | 222 | | foreseeable risks of algorithmic discrimination. In any enforcement 176 |
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211 | 223 | | action brought on or after said date by the Attorney General or the 177 Substitute Bill No. 2 |
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212 | 224 | | |
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213 | 225 | | |
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215 | 229 | | |
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216 | 230 | | Commissioner of Consumer Protection pursuant to section 9 of this act, 178 |
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217 | 231 | | or by the Commission on Human Rights and Opportunities as provided 179 |
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218 | 232 | | in chapter 814c of the general statutes, there shall be a rebuttable 180 |
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219 | 233 | | presumption that a deployer of a high-risk artificial intelligence system 181 |
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220 | 234 | | used reasonable care as required under this subsection if the deployer 182 |
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221 | 235 | | complied with the provisions of subsections (b) to (g), inclusive, of this 183 |
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222 | 236 | | section. 184 |
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223 | 237 | | (b) (1) Beginning on July 1, 2025, no deployer shall deploy a high-risk 185 |
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224 | 238 | | artificial intelligence system unless the deployer has implemented a risk 186 |
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225 | 239 | | management policy and program. The risk management policy and 187 |
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226 | 240 | | program shall specify and incorporate the principles, processes and 188 |
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227 | 241 | | personnel that the deployer shall use to identify, document and 189 |
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228 | 242 | | eliminate any known or reasonably foreseeable risks of algorithmic 190 |
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229 | 243 | | discrimination. Each risk management policy and program 191 |
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230 | 244 | | implemented and maintained pursuant to this subsection shall be 192 |
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231 | 245 | | reasonable, considering: 193 |
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232 | 246 | | (A) (i) The guidance and standards set forth in the latest version of 194 |
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233 | 247 | | the "Artificial Intelligence Risk Management Framework" published by 195 |
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234 | 248 | | the National Institute of Standards and Technology or another 196 |
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235 | 249 | | nationally or internationally recognized risk management framework 197 |
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236 | 250 | | for artificial intelligence systems; 198 |
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237 | 251 | | (ii) Any risk management framework for artificial intelligence 199 |
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238 | 252 | | systems designated by the Banking Commissioner or Insurance 200 |
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239 | 253 | | Commissioner if the deployer is regulated by the Department of 201 |
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240 | 254 | | Banking or Insurance Department; or 202 |
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241 | 255 | | (iii) Any risk management framework for artificial intelligence 203 |
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242 | 256 | | systems that the Attorney General, in the Attorney General's discretion, 204 |
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243 | 257 | | may designate; 205 |
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244 | 258 | | (B) The size and complexity of the deployer; 206 |
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245 | 259 | | (C) The nature and scope of the high-risk artificial intelligence 207 |
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246 | 260 | | systems deployed by the deployer, including, but not limited to, the 208 Substitute Bill No. 2 |
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247 | 261 | | |
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248 | 262 | | |
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250 | 266 | | |
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251 | 267 | | intended uses of such high-risk artificial intelligence systems; and 209 |
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252 | 268 | | (D) The sensitivity and volume of data processed in connection with 210 |
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253 | 269 | | the high-risk artificial intelligence systems deployed by the deployer. 211 |
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254 | 270 | | (2) A risk management policy and program implemented pursuant 212 |
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255 | 271 | | to subdivision (1) of this subsection may cover multiple high-risk 213 |
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256 | 272 | | artificial intelligence systems deployed by the deployer. 214 |
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257 | 273 | | (c) (1) Except as provided in subdivisions (3) and (4) of this 215 |
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258 | 274 | | subsection: 216 |
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259 | 275 | | (A) A deployer that deploys a high-risk artificial intelligence system 217 |
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260 | 276 | | on or after July 1, 2025, or a third party contracted by the deployer, shall 218 |
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261 | 277 | | complete an impact assessment for the high-risk artificial intelligence 219 |
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262 | 278 | | system; and 220 |
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263 | 279 | | (B) Beginning on July 1, 2025, a deployer, or a third party contracted 221 |
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264 | 280 | | by the deployer, shall complete an impact assessment for a deployed 222 |
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265 | 281 | | high-risk artificial intelligence system not later than ninety days after 223 |
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266 | 282 | | any intentional and substantial modification to such high-risk artificial 224 |
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267 | 283 | | intelligence system is made available. 225 |
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268 | 284 | | (2) (A) Each impact assessment completed pursuant to this subsection 226 |
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269 | 285 | | shall include, at a minimum: 227 |
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270 | 286 | | (i) A statement by the deployer disclosing the purpose, intended use 228 |
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271 | 287 | | cases and deployment context of, and benefits afforded by, the high-risk 229 |
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272 | 288 | | artificial intelligence system; 230 |
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273 | 289 | | (ii) An analysis of whether the deployment of the high-risk artificial 231 |
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274 | 290 | | intelligence system poses any known or reasonably foreseeable risks of 232 |
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275 | 291 | | algorithmic discrimination and, if so, the nature of such algorithmic 233 |
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276 | 292 | | discrimination and the steps that have been taken to eliminate such 234 |
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277 | 293 | | risks; 235 |
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284 | 302 | | risk artificial intelligence system produces; 238 |
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285 | 303 | | (iv) If the deployer used data to customize the high-risk artificial 239 |
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286 | 304 | | intelligence system, an overview of the categories of data the deployer 240 |
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287 | 305 | | used to retrain such high-risk artificial intelligence system; 241 |
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288 | 306 | | (v) Any metrics used to evaluate the performance and known 242 |
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289 | 307 | | limitations of the high-risk artificial intelligence system; 243 |
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290 | 308 | | (vi) A description of any transparency measures taken concerning the 244 |
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291 | 309 | | high-risk artificial intelligence system, including, but not limited to, any 245 |
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292 | 310 | | measures taken to disclose to a consumer that such high-risk artificial 246 |
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293 | 311 | | intelligence system is in use when such high-risk artificial intelligence 247 |
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294 | 312 | | system is in use; and 248 |
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295 | 313 | | (vii) A description of the post-deployment monitoring and user 249 |
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296 | 314 | | safeguards provided concerning such high-risk artificial intelligence 250 |
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297 | 315 | | system, including, but not limited to, the oversight process established 251 |
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298 | 316 | | by the deployer to address issues arising from deployment of such high-252 |
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299 | 317 | | risk artificial intelligence system. 253 |
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300 | 318 | | (B) In addition to the statement, analysis, descriptions, overview and 254 |
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301 | 319 | | metrics required under subparagraph (A) of this subdivision, each 255 |
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302 | 320 | | impact assessment completed pursuant to this subsection following an 256 |
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303 | 321 | | intentional and substantial modification made to a high-risk artificial 257 |
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304 | 322 | | intelligence system on or after July 1, 2025, shall include a statement 258 |
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305 | 323 | | disclosing the extent to which the high-risk artificial intelligence system 259 |
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306 | 324 | | was used in a manner that was consistent with, or varied from, the 260 |
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307 | 325 | | developer's intended uses of such high-risk artificial intelligence 261 |
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308 | 326 | | system. 262 |
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309 | 327 | | (3) A single impact assessment may address a comparable set of high-263 |
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310 | 328 | | risk artificial intelligence systems deployed by a deployer. 264 |
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311 | 329 | | (4) If a deployer, or a third party contracted by the deployer, 265 |
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318 | 338 | | deemed to satisfy the requirements established in this subsection if such 268 |
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319 | 339 | | impact assessment is reasonably similar in scope and effect to the impact 269 |
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320 | 340 | | assessment that would otherwise be completed pursuant to this 270 |
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321 | 341 | | subsection. 271 |
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322 | 342 | | (5) A deployer shall maintain the most recently completed impact 272 |
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323 | 343 | | assessment for a high-risk artificial intelligence system as required 273 |
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324 | 344 | | under this subsection, all records concerning each such impact 274 |
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325 | 345 | | assessment and all prior impact assessments, if any, for a period of at 275 |
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326 | 346 | | least three years following the final deployment of the high-risk artificial 276 |
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327 | 347 | | intelligence system. 277 |
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328 | 348 | | (d) Beginning on July 1, 2025, a deployer, or a third party contracted 278 |
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329 | 349 | | by the deployer, shall review, at least annually, the deployment of each 279 |
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330 | 350 | | high-risk artificial intelligence system deployed by the deployer to 280 |
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331 | 351 | | ensure that such high-risk artificial intelligence system is not causing 281 |
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332 | 352 | | algorithmic discrimination. 282 |
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333 | 353 | | (e) (1) Beginning on July 1, 2025, and not later than the time that a 283 |
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334 | 354 | | deployer deploys a high-risk artificial intelligence system to make, or be 284 |
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335 | 355 | | a controlling factor in making, a consequential decision concerning a 285 |
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336 | 356 | | consumer, the deployer shall: 286 |
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337 | 357 | | (A) Notify the consumer that the deployer has deployed a high-risk 287 |
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338 | 358 | | artificial intelligence system to make, or be a controlling factor in 288 |
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339 | 359 | | making, such consequential decision; and 289 |
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340 | 360 | | (B) Provide to the consumer (i) a statement disclosing (I) the purpose 290 |
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341 | 361 | | of such high-risk artificial intelligence system, and (II) the nature of such 291 |
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342 | 362 | | consequential decision, (ii) contact information for such deployer, and 292 |
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343 | 363 | | (iii) a description, in plain language, of such high-risk artificial 293 |
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344 | 364 | | intelligence system, which description shall, at a minimum, include a 294 |
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345 | 365 | | description of (I) any human components of such high-risk artificial 295 |
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346 | 366 | | intelligence system, and (II) how any automated components of such 296 |
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353 | 375 | | (2) A deployer may provide to a consumer the notice, statement, 299 |
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354 | 376 | | contact information and description required under subdivision (1) of 300 |
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355 | 377 | | this subsection in any manner that is clear and readily available. 301 |
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356 | 378 | | (f) (1) Beginning on July 1, 2025, each deployer shall make available, 302 |
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357 | 379 | | in a manner that is clear and readily available for public inspection, a 303 |
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358 | 380 | | statement summarizing: 304 |
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359 | 381 | | (A) The types of high-risk artificial intelligence systems that are 305 |
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360 | 382 | | currently deployed by such deployer; and 306 |
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361 | 383 | | (B) How such deployer manages any known or reasonably 307 |
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362 | 384 | | foreseeable risks of algorithmic discrimination that may arise from 308 |
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363 | 385 | | deployment of each high-risk artificial intelligence system described in 309 |
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364 | 386 | | subparagraph (A) of this subdivision. 310 |
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365 | 387 | | (2) Each deployer shall periodically update the statement described 311 |
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366 | 388 | | in subdivision (1) of this subsection. 312 |
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367 | 389 | | (g) If a deployer deploys a high-risk artificial intelligence system on 313 |
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368 | 390 | | or after July 1, 2025, and subsequently discovers that the high-risk 314 |
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369 | 391 | | artificial intelligence system has caused, or is reasonably likely to have 315 |
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370 | 392 | | caused, algorithmic discrimination against any consumer, the deployer 316 |
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371 | 393 | | shall, not later than ninety days after the date of such discovery, send to 317 |
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372 | 394 | | the Attorney General or the Commissioner of Consumer Protection, in 318 |
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373 | 395 | | a form and manner prescribed by the Attorney General or the 319 |
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374 | 396 | | Commissioner of Consumer Protection, a notice disclosing such 320 |
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375 | 397 | | discovery. 321 |
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376 | 398 | | (h) Nothing in subsections (b) to (g), inclusive, of this section shall be 322 |
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377 | 399 | | construed to require a deployer to disclose any trade secret, as defined 323 |
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378 | 400 | | in section 35-51 of the general statutes, or other confidential or 324 |
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379 | 401 | | proprietary information. 325 |
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387 | 411 | | of this section, as applicable, disclose to the Attorney General or the 329 |
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388 | 412 | | Commissioner of Consumer Protection, in a form and manner 330 |
---|
389 | 413 | | prescribed by the Attorney General or the Commissioner of Consumer 331 |
---|
390 | 414 | | Protection, any risk management policy implemented pursuant to 332 |
---|
391 | 415 | | subsection (b) of this section, impact assessment completed pursuant to 333 |
---|
392 | 416 | | subsection (c) of this section or record maintained pursuant to 334 |
---|
393 | 417 | | subdivision (5) of subsection (c) of this section if such risk management 335 |
---|
394 | 418 | | policy, impact assessment or record is relevant to an investigation 336 |
---|
395 | 419 | | conducted by the Attorney General or the Commissioner of Consumer 337 |
---|
396 | 420 | | Protection. The Attorney General or the Commissioner of Consumer 338 |
---|
397 | 421 | | Protection may evaluate such risk management policy, impact 339 |
---|
398 | 422 | | assessment or record to ensure compliance with the provisions of this 340 |
---|
399 | 423 | | section, and such risk management policy, impact assessment or record 341 |
---|
400 | 424 | | shall be exempt from disclosure under the Freedom of Information Act, 342 |
---|
401 | 425 | | as defined in section 1-200 of the general statutes. To the extent any 343 |
---|
402 | 426 | | information contained in any such risk management policy, impact 344 |
---|
403 | 427 | | assessment or record includes any information subject to the attorney-345 |
---|
404 | 428 | | client privilege or work product protection, such disclosure shall not 346 |
---|
405 | 429 | | constitute a waiver of such privilege or protection. 347 |
---|
406 | 430 | | Sec. 4. (NEW) (Effective October 1, 2024) (a) Beginning on January 1, 348 |
---|
407 | 431 | | 2026, each developer of a general-purpose artificial intelligence model 349 |
---|
408 | 432 | | shall: 350 |
---|
409 | 433 | | (1) Create and maintain technical documentation for the general-351 |
---|
410 | 434 | | purpose artificial intelligence model, which technical documentation 352 |
---|
411 | 435 | | shall: 353 |
---|
412 | 436 | | (A) Include (i) the training and testing processes for such general-354 |
---|
413 | 437 | | purpose artificial intelligence model, and (ii) the results of an evaluation 355 |
---|
414 | 438 | | of such general-purpose artificial intelligence model; 356 |
---|
415 | 439 | | (B) Include at least the following information, as appropriate, 357 |
---|
423 | 449 | | artificial intelligence systems in which such general-purpose artificial 361 |
---|
424 | 450 | | intelligence model can be integrated; (iii) acceptable use policies for such 362 |
---|
425 | 451 | | general-purpose artificial intelligence model; (iv) the date such general-363 |
---|
426 | 452 | | purpose artificial intelligence model is released; (v) the methods by 364 |
---|
427 | 453 | | which such general-purpose artificial intelligence model is distributed; 365 |
---|
428 | 454 | | (vi) the architecture and number of parameters for such general-366 |
---|
429 | 455 | | purpose artificial intelligence model; and (vii) the modality and format 367 |
---|
430 | 456 | | of inputs and outputs for such general-purpose artificial intelligence 368 |
---|
431 | 457 | | model; and 369 |
---|
432 | 458 | | (C) Be reviewed and revised at least annually or more frequently as 370 |
---|
433 | 459 | | necessary to maintain the accuracy of such technical documentation; 371 |
---|
434 | 460 | | (2) Create, implement, maintain and make available to deployers that 372 |
---|
435 | 461 | | intend to integrate such general-purpose artificial intelligence model 373 |
---|
436 | 462 | | into such deployers' artificial intelligence systems documentation and 374 |
---|
437 | 463 | | information that: 375 |
---|
438 | 464 | | (A) Enables such deployers to (i) understand the capabilities and 376 |
---|
439 | 465 | | limitations of such general-purpose artificial intelligence model, and (ii) 377 |
---|
440 | 466 | | comply with such deployers' obligations under sections 1 to 9, inclusive, 378 |
---|
441 | 467 | | of this act; 379 |
---|
442 | 468 | | (B) Discloses, at a minimum, (i) the technical means required for such 380 |
---|
443 | 469 | | general-purpose artificial intelligence model to be integrated into such 381 |
---|
444 | 470 | | deployers' artificial intelligence systems, (ii) the design specifications of, 382 |
---|
445 | 471 | | and training processes for, such general-purpose artificial intelligence 383 |
---|
446 | 472 | | model, including, but not limited to, (I) the training methodologies and 384 |
---|
447 | 473 | | techniques for such general-purpose artificial intelligence model, and 385 |
---|
448 | 474 | | (II) the key design choices for such general-purpose artificial 386 |
---|
449 | 475 | | intelligence model, including, but not limited to, the rationale and 387 |
---|
450 | 476 | | assumptions made, (iii) that for which such general-purpose artificial 388 |
---|
451 | 477 | | intelligence model is designed to optimize and the relevance of the 389 |
---|
459 | 487 | | such data, (II) curation methodologies, (III) the number of data points, 393 |
---|
460 | 488 | | their scope and main characteristics, (IV) how such data were obtained 394 |
---|
461 | 489 | | and selected, and (V) all other measures used to identify unsuitable data 395 |
---|
462 | 490 | | sources and methods used to detect identifiable biases, where 396 |
---|
463 | 491 | | applicable; and 397 |
---|
464 | 492 | | (C) Is reviewed and revised at least annually or more frequently as 398 |
---|
465 | 493 | | necessary to maintain the accuracy of such documentation and 399 |
---|
466 | 494 | | information; 400 |
---|
467 | 495 | | (3) Establish, implement and maintain a policy to respect federal and 401 |
---|
468 | 496 | | state copyright laws; and 402 |
---|
469 | 497 | | (4) Create, maintain and make publicly available, in a form and 403 |
---|
470 | 498 | | manner prescribed by the Attorney General, a detailed summary 404 |
---|
471 | 499 | | concerning the content used to train such general-purpose artificial 405 |
---|
472 | 500 | | intelligence model. 406 |
---|
473 | 501 | | (b) (1) The provisions of subsection (a) of this section shall not apply 407 |
---|
474 | 502 | | to a developer that develops, or intentionally and substantially 408 |
---|
475 | 503 | | modifies, a general-purpose artificial intelligence model on or after 409 |
---|
476 | 504 | | January 1, 2026, if: 410 |
---|
477 | 505 | | (A) The developer releases such general-purpose artificial 411 |
---|
478 | 506 | | intelligence model under a free and open-source license; and 412 |
---|
479 | 507 | | (B) Unless such general-purpose artificial intelligence model is 413 |
---|
480 | 508 | | deployed as a high-risk artificial intelligence system, the parameters of 414 |
---|
481 | 509 | | such general-purpose artificial intelligence model, including, but not 415 |
---|
482 | 510 | | limited to, the weights and information concerning the model 416 |
---|
483 | 511 | | architecture and model usage for such general-purpose artificial 417 |
---|
484 | 512 | | intelligence model, are made publicly available. 418 |
---|
485 | 513 | | (2) A developer that takes any action under the exemption 419 |
---|
493 | 523 | | require a developer to disclose any trade secret, as defined in section 35-423 |
---|
494 | 524 | | 51 of the general statutes, or other confidential or proprietary 424 |
---|
495 | 525 | | information. 425 |
---|
496 | 526 | | (d) Beginning on January 1, 2026, the Attorney General or the 426 |
---|
497 | 527 | | Commissioner of Consumer Protection may require that a developer 427 |
---|
498 | 528 | | disclose to the Attorney General or the Commissioner of Consumer 428 |
---|
499 | 529 | | Protection, in a form and manner prescribed by the Attorney General or 429 |
---|
500 | 530 | | the Commissioner of Consumer Protection, any documentation 430 |
---|
501 | 531 | | maintained pursuant to this section if such documentation is relevant to 431 |
---|
502 | 532 | | an investigation conducted by the Attorney General or the 432 |
---|
503 | 533 | | Commissioner of Consumer Protection. The Attorney General or the 433 |
---|
504 | 534 | | Commissioner of Consumer Protection may evaluate such 434 |
---|
505 | 535 | | documentation to ensure compliance with the provisions of this section 435 |
---|
506 | 536 | | and any regulations adopted pursuant to subsection (e) of this section, 436 |
---|
507 | 537 | | and such documentation shall be exempt from disclosure under the 437 |
---|
508 | 538 | | Freedom of Information Act, as defined in section 1-200 of the general 438 |
---|
509 | 539 | | statutes. To the extent any such documentation includes any 439 |
---|
510 | 540 | | information subject to the attorney-client privilege or work product 440 |
---|
511 | 541 | | protection, such disclosure shall not constitute a waiver of such 441 |
---|
512 | 542 | | privilege or protection. 442 |
---|
513 | 543 | | (e) The Commissioner of Consumer Protection may adopt 443 |
---|
514 | 544 | | regulations, in accordance with the provisions of chapter 54 of the 444 |
---|
515 | 545 | | general statutes, to implement the provisions of this section. 445 |
---|
516 | 546 | | Sec. 5. (NEW) (Effective October 1, 2024) (a) Except as provided in 446 |
---|
517 | 547 | | subsection (b) of this section, each person doing business in this state, 447 |
---|
518 | 548 | | including, but not limited to, each deployer that deploys, offers, sells, 448 |
---|
519 | 549 | | leases, licenses, gives or otherwise makes available, as applicable, any 449 |
---|
520 | 550 | | artificial intelligence system that is intended to interact with consumers 450 |
---|
521 | 551 | | shall ensure that such artificial intelligence system discloses to each 451 |
---|
529 | 561 | | under circumstances in which: 455 |
---|
530 | 562 | | (1) A reasonable person would deem it obvious that such person is 456 |
---|
531 | 563 | | interacting with an artificial intelligence system; or 457 |
---|
532 | 564 | | (2) The deployer did not make the artificial intelligence system 458 |
---|
533 | 565 | | directly available to consumers. 459 |
---|
534 | 566 | | Sec. 6. (NEW) (Effective October 1, 2024) (a) Except as provided in 460 |
---|
535 | 567 | | subsection (b) of this section, the developer of an artificial intelligence 461 |
---|
536 | 568 | | system, including, but not limited to, a general-purpose artificial 462 |
---|
537 | 569 | | intelligence model, that generates or manipulates synthetic digital 463 |
---|
538 | 570 | | content shall: 464 |
---|
539 | 571 | | (1) Ensure that the outputs of such artificial intelligence system are 465 |
---|
540 | 572 | | marked in a machine-readable format and detectable as synthetic digital 466 |
---|
541 | 573 | | content, and that such outputs are so marked and distinguishable (A) 467 |
---|
542 | 574 | | not later than the time a consumer first interacts with, or is exposed to, 468 |
---|
543 | 575 | | such outputs, and (B) in a manner that (i) is clear to consumers, and (ii) 469 |
---|
544 | 576 | | respects any applicable accessibility requirements; and 470 |
---|
545 | 577 | | (2) As far as technically feasible and as reflected in any relevant 471 |
---|
546 | 578 | | technical standards, ensure that such developer's technical solutions are 472 |
---|
547 | 579 | | effective, interoperable, robust and reliable, taking into account (A) the 473 |
---|
548 | 580 | | specificities and limitations of different types of synthetic digital 474 |
---|
549 | 581 | | content, (B) the implementation costs, and (C) the generally 475 |
---|
550 | 582 | | acknowledged state of the art. 476 |
---|
551 | 583 | | (b) The provisions of subsection (a) of this section shall not apply to 477 |
---|
552 | 584 | | the extent that any artificial intelligence system: 478 |
---|
553 | 585 | | (1) Performs an assistive function for standard editing; 479 |
---|
562 | 596 | | Sec. 7. (NEW) (Effective October 1, 2024) (a) Except as provided in 484 |
---|
563 | 597 | | subsections (b) to (d), inclusive, of this section, the deployer of an 485 |
---|
564 | 598 | | artificial intelligence system, including, but not limited to, a general-486 |
---|
565 | 599 | | purpose artificial intelligence model, that generates or manipulates any 487 |
---|
566 | 600 | | synthetic digital content shall disclose to a consumer that such synthetic 488 |
---|
567 | 601 | | digital content has been artificially generated or manipulated: 489 |
---|
568 | 602 | | (1) Not later than the first time the consumer interacts with, or is 490 |
---|
569 | 603 | | exposed to, such synthetic digital content; and 491 |
---|
570 | 604 | | (2) In a manner that (A) is clear to, and distinguishable by, consumers, 492 |
---|
571 | 605 | | and (B) respects any applicable accessibility requirements. 493 |
---|
572 | 606 | | (b) If the synthetic digital content described in subsection (a) of this 494 |
---|
573 | 607 | | section is in an audio, image or video format, and such synthetic digital 495 |
---|
574 | 608 | | content forms part of an evidently artistic, creative, satirical, fictional 496 |
---|
575 | 609 | | analogous work or program, the disclosure required under said 497 |
---|
576 | 610 | | subsection shall be limited to a disclosure that does not hamper the 498 |
---|
577 | 611 | | display or enjoyment of such work or program. 499 |
---|
578 | 612 | | (c) If the synthetic digital content described in subsection (a) of this 500 |
---|
579 | 613 | | section is in the form of text published to inform the public on any 501 |
---|
580 | 614 | | matter of public interest, no disclosure shall be required under said 502 |
---|
581 | 615 | | subsection if: 503 |
---|
582 | 616 | | (1) Such synthetic digital content has undergone a process of human 504 |
---|
583 | 617 | | review or editorial control; and 505 |
---|
584 | 618 | | (2) A person holds editorial responsibility for the publication of such 506 |
---|
585 | 619 | | synthetic digital content. 507 |
---|
596 | 632 | | deployer's ability to: (1) Comply with federal, state or municipal law; (2) 514 |
---|
597 | 633 | | comply with a civil, criminal or regulatory inquiry, investigation, 515 |
---|
598 | 634 | | subpoena or summons by federal, state, municipal or other 516 |
---|
599 | 635 | | governmental authorities; (3) cooperate with law enforcement agencies 517 |
---|
600 | 636 | | concerning conduct or activity that the developer or deployer 518 |
---|
601 | 637 | | reasonably and in good faith believes may violate federal, state or 519 |
---|
602 | 638 | | municipal law; (4) investigate, establish, exercise, prepare for or defend 520 |
---|
603 | 639 | | legal claims; (5) take immediate steps to protect an interest that is 521 |
---|
604 | 640 | | essential for the life or physical safety of a consumer or another 522 |
---|
605 | 641 | | individual; (6) prevent, detect, protect against or respond to security 523 |
---|
606 | 642 | | incidents, identity theft, fraud, harassment, malicious or deceptive 524 |
---|
607 | 643 | | activities or any illegal activity, preserve the integrity or security of 525 |
---|
608 | 644 | | systems or investigate, report or prosecute those responsible for any 526 |
---|
609 | 645 | | such action; (7) engage in public or peer-reviewed scientific or statistical 527 |
---|
610 | 646 | | research in the public interest that adheres to all other applicable ethics 528 |
---|
611 | 647 | | and privacy laws and is approved, monitored and governed by an 529 |
---|
612 | 648 | | institutional review board that determines, or by similar independent 530 |
---|
613 | 649 | | oversight entities that determine, (A) that the expected benefits of the 531 |
---|
614 | 650 | | research outweigh the risks associated with such research, and (B) 532 |
---|
615 | 651 | | whether the developer or deployer has implemented reasonable 533 |
---|
616 | 652 | | safeguards to mitigate the risks associated with such research; (8) 534 |
---|
617 | 653 | | conduct any research, testing and development activities regarding any 535 |
---|
618 | 654 | | artificial intelligence system or model, other than testing conducted 536 |
---|
619 | 655 | | under real world conditions, before such artificial intelligence system or 537 |
---|
620 | 656 | | model is placed on the market or put into service; or (9) assist another 538 |
---|
621 | 657 | | developer or deployer with any of the obligations imposed under 539 |
---|
622 | 658 | | sections 1 to 9, inclusive, of this act. 540 |
---|
634 | 672 | | evidentiary privilege under the laws of this state. 548 |
---|
635 | 673 | | (d) Nothing in sections 1 to 9, inclusive, of this act shall be construed 549 |
---|
636 | 674 | | to impose any obligation on a developer or deployer that adversely 550 |
---|
637 | 675 | | affects the rights or freedoms of any person, including, but not limited 551 |
---|
638 | 676 | | to, the rights of any person: (1) To freedom of speech or freedom of the 552 |
---|
639 | 677 | | press guaranteed in the First Amendment to the United States 553 |
---|
640 | 678 | | Constitution; or (2) under section 52-146t of the general statutes. 554 |
---|
641 | 679 | | (e) Nothing in sections 1 to 9, inclusive, of this act shall be construed 555 |
---|
642 | 680 | | to apply to any developer or deployer insofar as such developer or 556 |
---|
643 | 681 | | deployer develops, deploys or intentionally and substantially modifies 557 |
---|
644 | 682 | | an artificial intelligence system: (1) That has been approved by the 558 |
---|
645 | 683 | | federal Food and Drug Administration; and (2) in accordance with all 559 |
---|
646 | 684 | | applicable federal laws, regulations, rules and procedures concerning 560 |
---|
647 | 685 | | such artificial intelligence system. 561 |
---|
648 | 686 | | (f) If a developer or deployer engages in any action pursuant to an 562 |
---|
649 | 687 | | exemption set forth in subsections (a) to (e), inclusive, of this section, the 563 |
---|
650 | 688 | | developer or deployer bears the burden of demonstrating that such 564 |
---|
651 | 689 | | action qualifies for such exemption. 565 |
---|
652 | 690 | | Sec. 9. (NEW) (Effective October 1, 2024) (a) Except as provided in 566 |
---|
653 | 691 | | section 46a-54 of the general statutes, as amended by this act, and section 567 |
---|
654 | 692 | | 11 of this act, the Attorney General and the Commissioner of Consumer 568 |
---|
655 | 693 | | Protection shall have exclusive authority to enforce the provisions of 569 |
---|
656 | 694 | | sections 1 to 8, inclusive, of this act. 570 |
---|
657 | 695 | | (b) Except as provided in subsection (f) of this section, during the 571 |
---|
670 | 710 | | Commissioner of Consumer Protection may bring an action pursuant to 580 |
---|
671 | 711 | | this section. Not later than January 1, 2027, the Attorney General or the 581 |
---|
672 | 712 | | Commissioner of Consumer Protection shall submit a report, in 582 |
---|
673 | 713 | | accordance with the provisions of section 11-4a of the general statutes, 583 |
---|
674 | 714 | | to the joint standing committee of the General Assembly having 584 |
---|
675 | 715 | | cognizance of matters relating to consumer protection disclosing: (1) 585 |
---|
676 | 716 | | The number of notices of violation the Attorney General or the 586 |
---|
677 | 717 | | Commissioner of Consumer Protection has issued; (2) the nature of each 587 |
---|
678 | 718 | | violation; (3) the number of violations that were cured during the sixty-588 |
---|
679 | 719 | | day cure period; and (4) any other matter the Attorney General or the 589 |
---|
680 | 720 | | Commissioner of Consumer Protection deems relevant for the purposes 590 |
---|
681 | 721 | | of such report. 591 |
---|
682 | 722 | | (c) Except as provided in subsection (f) of this section, beginning on 592 |
---|
683 | 723 | | July 1, 2026, the Attorney General or the Commissioner of Consumer 593 |
---|
684 | 724 | | Protection may, in determining whether to grant a developer or 594 |
---|
685 | 725 | | deployer the opportunity to cure a violation described in subsection (b) 595 |
---|
686 | 726 | | of this section, consider: (1) The number of violations; (2) the size and 596 |
---|
687 | 727 | | complexity of the developer or deployer; (3) the nature and extent of the 597 |
---|
688 | 728 | | developer's or deployer's business; (4) the substantial likelihood of 598 |
---|
689 | 729 | | injury to the public; (5) the safety of persons or property; and (6) 599 |
---|
690 | 730 | | whether such violation was likely caused by human or technical error. 600 |
---|
691 | 731 | | (d) Nothing in sections 1 to 8, inclusive, of this act shall be construed 601 |
---|
692 | 732 | | as providing the basis for a private right of action for violations of said 602 |
---|
693 | 733 | | sections. 603 |
---|
694 | 734 | | (e) Except as provided in subsections (a) and (f) of this section, a 604 |
---|
706 | 748 | | Commissioner of Consumer Protection for any violation of sections 1 to 612 |
---|
707 | 749 | | 8, inclusive, of this act, it shall be an affirmative defense that: 613 |
---|
708 | 750 | | (A) The developer or deployer implemented and maintains a 614 |
---|
709 | 751 | | program that is in compliance with: 615 |
---|
710 | 752 | | (i) The latest version of the "Artificial Intelligence Risk Management 616 |
---|
711 | 753 | | Framework" published by the National Institute of Standards and 617 |
---|
712 | 754 | | Technology or another nationally or internationally recognized risk 618 |
---|
713 | 755 | | management framework for artificial intelligence systems; 619 |
---|
714 | 756 | | (ii) Any risk management framework for artificial intelligence 620 |
---|
715 | 757 | | systems designated by the Banking Commissioner or Insurance 621 |
---|
716 | 758 | | Commissioner if the developer or deployer is regulated by the 622 |
---|
717 | 759 | | Department of Banking or Insurance Department; or 623 |
---|
718 | 760 | | (iii) Any risk management framework for artificial intelligence 624 |
---|
719 | 761 | | systems that the Attorney General, in the Attorney General's discretion, 625 |
---|
720 | 762 | | may designate; and 626 |
---|
721 | 763 | | (B) The developer or deployer: 627 |
---|
722 | 764 | | (i) Encourages the deployers or users of the artificial intelligence 628 |
---|
723 | 765 | | system to provide feedback to such developer or deployer; 629 |
---|
724 | 766 | | (ii) Discovers a violation of any provision of sections 1 to 8, inclusive, 630 |
---|
725 | 767 | | of this act (I) as a result of the feedback described in subparagraph (B)(i) 631 |
---|
726 | 768 | | of this subdivision, (II) through adversarial testing or red-teaming, as 632 |
---|
727 | 769 | | such terms are defined or used by the National Institutes of Standards 633 |
---|
740 | 784 | | (2) The developer or deployer bears the burden of demonstrating to 642 |
---|
741 | 785 | | the Attorney General or the Commissioner of Consumer Protection that 643 |
---|
742 | 786 | | the requirements established in subdivision (1) of this subsection have 644 |
---|
743 | 787 | | been satisfied. 645 |
---|
744 | 788 | | (3) The Attorney General or the Commissioner of Consumer 646 |
---|
745 | 789 | | Protection shall notify the Commission on Human Rights and 647 |
---|
746 | 790 | | Opportunities, in a form and manner prescribed by the Attorney 648 |
---|
747 | 791 | | General or the Commissioner of Consumer Protection, each time the 649 |
---|
748 | 792 | | Attorney General or the Commissioner of Consumer Protection 650 |
---|
749 | 793 | | commences any action against a deployer for failure to use reasonable 651 |
---|
750 | 794 | | care to protect any consumer from any known or reasonably foreseeable 652 |
---|
751 | 795 | | risk of algorithmic discrimination as required under section 3 of this act. 653 |
---|
752 | 796 | | Such notice shall include the deployer's name and any other information 654 |
---|
753 | 797 | | the Attorney General or the Commissioner of Consumer Protection, in 655 |
---|
754 | 798 | | consultation with the Commission on Human Rights and 656 |
---|
755 | 799 | | Opportunities, deems relevant for the purposes of this section and 657 |
---|
756 | 800 | | section 11 of this act. 658 |
---|
757 | 801 | | Sec. 10. Section 46a-51 of the 2024 supplement to the general statutes 659 |
---|
758 | 802 | | is repealed and the following is substituted in lieu thereof (Effective 660 |
---|
759 | 803 | | October 1, 2024): 661 |
---|
760 | 804 | | As used in section 4a-60a, [and] this chapter and section 11 of this act: 662 |
---|
761 | 805 | | (1) "Algorithmic discrimination" has the same meaning as provided 663 |
---|
762 | 806 | | in section 1 of this act; 664 |
---|
774 | 820 | | [(3)] (4) "Commission legal counsel" means a member of the legal staff 672 |
---|
775 | 821 | | employed by the commission pursuant to section 46a-54, as amended 673 |
---|
776 | 822 | | by this act; 674 |
---|
777 | 823 | | [(4)] (5) "Commissioner" means a member of the commission; 675 |
---|
778 | 824 | | [(5)] (6) "Court" means the Superior Court or any judge of said court; 676 |
---|
779 | 825 | | (7) "Deployer" has the same meaning as provided in section 1 of this 677 |
---|
780 | 826 | | act; 678 |
---|
781 | 827 | | [(6)] (8) "Discrimination" includes segregation and separation; 679 |
---|
782 | 828 | | [(7)] (9) "Discriminatory employment practice" means any 680 |
---|
783 | 829 | | discriminatory practice specified in subsection (b), (d), (e) or (f) of 681 |
---|
784 | 830 | | section 31-51i or section 46a-60 or 46a-81c; 682 |
---|
785 | 831 | | [(8)] (10) "Discriminatory practice" means a violation of section 4a-60, 683 |
---|
786 | 832 | | 4a-60a, 4a-60g, 31-40y, subsection (b), (d), (e) or (f) of section 31-51i, 684 |
---|
787 | 833 | | subparagraph (C) of subdivision (15) of section 46a-54, as amended by 685 |
---|
788 | 834 | | this act, subdivisions (16) and (17) of section 46a-54, as amended by this 686 |
---|
789 | 835 | | act, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-687 |
---|
790 | 836 | | 68c to 46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, subsection (a) of 688 |
---|
791 | 837 | | section 46a-80 or sections 46a-81b to 46a-81o, inclusive, and sections 46a-689 |
---|
792 | 838 | | 80b to 46a-80e, inclusive, and sections 46a-80k to 46a-80m, inclusive, and 690 |
---|
793 | 839 | | section 11 of this act; 691 |
---|
794 | 840 | | [(9)] (11) "Employee" means any person employed by an employer 692 |
---|
807 | 855 | | or without compensation to procure employees or opportunities to 701 |
---|
808 | 856 | | work; 702 |
---|
809 | 857 | | [(12)] (14) "Labor organization" means any organization which exists 703 |
---|
810 | 858 | | for the purpose, in whole or in part, of collective bargaining or of dealing 704 |
---|
811 | 859 | | with employers concerning grievances, terms or conditions of 705 |
---|
812 | 860 | | employment, or of other mutual aid or protection in connection with 706 |
---|
813 | 861 | | employment; 707 |
---|
814 | 862 | | [(13)] (15) "Intellectual disability" means intellectual disability as 708 |
---|
815 | 863 | | defined in section 1-1g; 709 |
---|
816 | 864 | | [(14)] (16) "Person" means one or more individuals, partnerships, 710 |
---|
817 | 865 | | associations, corporations, limited liability companies, legal 711 |
---|
818 | 866 | | representatives, trustees, trustees in bankruptcy, receivers and the state 712 |
---|
819 | 867 | | and all political subdivisions and agencies thereof; 713 |
---|
820 | 868 | | [(15)] (17) "Physically disabled" refers to any individual who has any 714 |
---|
821 | 869 | | chronic physical handicap, infirmity or impairment, whether congenital 715 |
---|
822 | 870 | | or resulting from bodily injury, organic processes or changes or from 716 |
---|
823 | 871 | | illness, including, but not limited to, epilepsy, deafness or being hard of 717 |
---|
824 | 872 | | hearing or reliance on a wheelchair or other remedial appliance or 718 |
---|
825 | 873 | | device; 719 |
---|
826 | 874 | | [(16)] (18) "Respondent" means any person alleged in a complaint 720 |
---|
827 | 875 | | filed pursuant to section 46a-82 to have committed a discriminatory 721 |
---|
841 | 891 | | practice without undue hardship on the conduct of the employer's 731 |
---|
842 | 892 | | business; 732 |
---|
843 | 893 | | [(19)] (21) "Learning disability" refers to an individual who exhibits a 733 |
---|
844 | 894 | | severe discrepancy between educational performance and measured 734 |
---|
845 | 895 | | intellectual ability and who exhibits a disorder in one or more of the 735 |
---|
846 | 896 | | basic psychological processes involved in understanding or in using 736 |
---|
847 | 897 | | language, spoken or written, which may manifest itself in a diminished 737 |
---|
848 | 898 | | ability to listen, speak, read, write, spell or to do mathematical 738 |
---|
849 | 899 | | calculations; 739 |
---|
850 | 900 | | [(20)] (22) "Mental disability" refers to an individual who has a record 740 |
---|
851 | 901 | | of, or is regarded as having one or more mental disorders, as defined in 741 |
---|
852 | 902 | | the most recent edition of the American Psychiatric Association's 742 |
---|
853 | 903 | | "Diagnostic and Statistical Manual of Mental Disorders"; [and] 743 |
---|
854 | 904 | | [(21)] (23) "Gender identity or expression" means a person's gender-744 |
---|
855 | 905 | | related identity, appearance or behavior, whether or not that gender-745 |
---|
856 | 906 | | related identity, appearance or behavior is different from that 746 |
---|
857 | 907 | | traditionally associated with the person's physiology or assigned sex at 747 |
---|
858 | 908 | | birth, which gender-related identity can be shown by providing 748 |
---|
859 | 909 | | evidence including, but not limited to, medical history, care or treatment 749 |
---|
860 | 910 | | of the gender-related identity, consistent and uniform assertion of the 750 |
---|
861 | 911 | | gender-related identity or any other evidence that the gender-related 751 |
---|
862 | 912 | | identity is sincerely held, part of a person's core identity or not being 752 |
---|
876 | 928 | | [(25)] (27) "Domestic violence" has the same meaning as provided in 762 |
---|
877 | 929 | | subsection (b) of section 46b-1; and 763 |
---|
878 | 930 | | [(26)] (28) "Sexual orientation" means a person's identity in relation to 764 |
---|
879 | 931 | | the gender or genders to which they are romantically, emotionally or 765 |
---|
880 | 932 | | sexually attracted, inclusive of any identity that a person (A) may have 766 |
---|
881 | 933 | | previously expressed, or (B) is perceived by another person to hold. 767 |
---|
882 | 934 | | Sec. 11. (NEW) (Effective October 1, 2024) (a) As used in this section, 768 |
---|
883 | 935 | | "artificial intelligence system", "consumer" and "high-risk artificial 769 |
---|
884 | 936 | | intelligence system" have the same meanings as provided in section 1 of 770 |
---|
885 | 937 | | this act. 771 |
---|
886 | 938 | | (b) Beginning on July 1, 2025, it shall be a discriminatory practice in 772 |
---|
887 | 939 | | violation of this section for any deployer of a high-risk artificial 773 |
---|
888 | 940 | | intelligence system to fail to use reasonable care to protect any consumer 774 |
---|
889 | 941 | | from any known or reasonably foreseeable risks of algorithmic 775 |
---|
890 | 942 | | discrimination as required under section 3 of this act. 776 |
---|
891 | 943 | | (c) Notwithstanding any other provision of chapter 814c of the 777 |
---|
892 | 944 | | general statutes, and except as provided in subsection (f) of this section, 778 |
---|
893 | 945 | | during the period beginning on July 1, 2025, and ending on June 30, 779 |
---|
894 | 946 | | 2026, the commission shall, prior to initiating any action for any 780 |
---|
895 | 947 | | discriminatory practice in violation of subsection (b) of this section, 781 |
---|
896 | 948 | | issue a notice of violation to the deployer if the commission determines 782 |
---|
898 | 956 | | violation not later than sixty days after receipt of the notice of violation, 784 |
---|
899 | 957 | | the commission may bring an action to enforce the provisions of this 785 |
---|
900 | 958 | | section. Not later than January 1, 2027, the commission shall submit a 786 |
---|
901 | 959 | | report, in accordance with the provisions of section 11-4a of the general 787 |
---|
902 | 960 | | statutes, to the joint standing committee of the General Assembly 788 |
---|
903 | 961 | | having cognizance of matters relating to consumer protection 789 |
---|
904 | 962 | | disclosing: (1) The number of notices of violation the commission has 790 |
---|
905 | 963 | | issued; (2) the nature of each violation; (3) the number of violations that 791 |
---|
906 | 964 | | were cured during the sixty-day cure period; and (4) any other matter 792 |
---|
912 | 966 | | (d) Notwithstanding any other provision of chapter 814c of the 794 |
---|
913 | 967 | | general statutes, and except as provided in subsection (f) of this section, 795 |
---|
914 | 968 | | beginning on July 1, 2026, the commission may, in determining whether 796 |
---|
915 | 969 | | to grant a deployer the opportunity to cure any discriminatory practice 797 |
---|
916 | 970 | | in violation of subsection (b) of this section, consider: (1) The number of 798 |
---|
917 | 971 | | violations; (2) the size and complexity of the deployer; (3) the nature and 799 |
---|
918 | 972 | | extent of the deployer's business; (4) the substantial likelihood of injury 800 |
---|
919 | 973 | | to the public; (5) the safety of persons or property; and (6) whether such 801 |
---|
920 | 974 | | violation was likely caused by human or technical error. 802 |
---|
921 | 975 | | (e) (1) In any action commenced by the commission for any 803 |
---|
922 | 976 | | discriminatory practice in violation of subsection (b) of this section, it 804 |
---|
923 | 977 | | shall be an affirmative defense that: 805 |
---|
924 | 978 | | (A) The deployer of the high-risk artificial intelligence system 806 |
---|
925 | 979 | | implemented and maintains a program that is in compliance with: 807 |
---|
926 | 980 | | (i) The latest version of the "Artificial Intelligence Risk Management 808 |
---|
927 | 981 | | Framework" published by the National Institute of Standards and 809 |
---|
928 | 982 | | Technology or another nationally or internationally recognized risk 810 |
---|
929 | 983 | | management framework for artificial intelligence systems; 811 |
---|
930 | 984 | | (ii) Any risk management framework for artificial intelligence 812 |
---|
931 | 985 | | systems designated by the Banking Commissioner or Insurance 813 |
---|
946 | 1002 | | subparagraph (B)(i) of this subdivision; (II) through adversarial testing 824 |
---|
947 | 1003 | | or red-teaming, as such terms are defined or used by the National 825 |
---|
948 | 1004 | | Institutes of Standards and Technology; or (III) through an internal 826 |
---|
949 | 1005 | | review process; and 827 |
---|
950 | 1006 | | (iii) Not later than sixty days after discovering the violation as set 828 |
---|
951 | 1007 | | forth in subparagraph (B)(ii) of this subdivision: (I) Cures such violation; 829 |
---|
952 | 1008 | | and (II) provides to the commission, in a form and manner prescribed 830 |
---|
953 | 1009 | | by the commission, notice that such violation has been cured and 831 |
---|
954 | 1010 | | evidence that any harm caused by such violation has been mitigated. 832 |
---|
955 | 1011 | | (2) The deployer bears the burden of demonstrating to the 833 |
---|
956 | 1012 | | commission that the requirements established in subdivision (1) of this 834 |
---|
957 | 1013 | | subsection have been satisfied. 835 |
---|
958 | 1014 | | (f) The commission shall not initiate any action against a deployer for 836 |
---|
959 | 1015 | | any discriminatory practice in violation of subsection (b) of this section 837 |
---|
960 | 1016 | | if: (1) The Attorney General or the Commissioner of Consumer 838 |
---|
961 | 1017 | | Protection has initiated an action against the deployer for a failure to use 839 |
---|
962 | 1018 | | reasonable care as required under section 3 of this act; and (2) the 840 |
---|
963 | 1019 | | violation and failure are founded on the same omission or conduct. 841 |
---|
964 | 1020 | | (g) Any deployer that engages in any discriminatory practice in 842 |
---|
980 | 1038 | | be necessary for the efficient conduct of business of the commission; 854 |
---|
981 | 1039 | | (3) To employ legal staff and commission legal counsel as necessary 855 |
---|
982 | 1040 | | to perform the duties and responsibilities under section 46a-55. Each 856 |
---|
983 | 1041 | | commission legal counsel shall be admitted to practice law in this state; 857 |
---|
984 | 1042 | | (4) To appoint such investigators and other employees and agents as 858 |
---|
985 | 1043 | | it deems necessary, fix their compensation within the limitations 859 |
---|
986 | 1044 | | provided by law and prescribe their duties; 860 |
---|
987 | 1045 | | (5) To adopt, publish, amend and rescind regulations consistent with 861 |
---|
988 | 1046 | | and to effectuate the provisions of this chapter; 862 |
---|
989 | 1047 | | (6) To establish rules of practice to govern, expedite and effectuate 863 |
---|
990 | 1048 | | the procedures set forth in this chapter; 864 |
---|
991 | 1049 | | (7) To recommend policies and make recommendations to agencies 865 |
---|
992 | 1050 | | and officers of the state and local subdivisions of government to 866 |
---|
993 | 1051 | | effectuate the policies of this chapter; 867 |
---|
994 | 1052 | | (8) To receive, initiate as provided in section 46a-82, investigate and 868 |
---|
995 | 1053 | | mediate discriminatory practice complaints; 869 |
---|
997 | 1061 | | hold hearings, subpoena witnesses and compel their attendance, 871 |
---|
998 | 1062 | | administer oaths, take the testimony of any person under oath and 872 |
---|
999 | 1063 | | require the production for examination of any books and papers relating 873 |
---|
1000 | 1064 | | to any matter under investigation or in question; 874 |
---|
1001 | 1065 | | (10) To make rules as to the procedure for the issuance of subpoenas 875 |
---|
1002 | 1066 | | by individual commissioners, hearing officers and human rights 876 |
---|
1003 | 1067 | | referees; 877 |
---|
1004 | 1068 | | (11) To require written answers to interrogatories under oath relating 878 |
---|
1005 | 1069 | | to any complaint under investigation pursuant to this chapter alleging 879 |
---|
1006 | 1070 | | any discriminatory practice as defined in subdivision [(8)] (10) of section 880 |
---|
1007 | 1071 | | 46a-51, as amended by this act, and to adopt regulations, in accordance 881 |
---|
1013 | 1073 | | interrogatories and compliance with interrogatory requests; 883 |
---|
1014 | 1074 | | (12) To utilize such voluntary and uncompensated services of private 884 |
---|
1015 | 1075 | | individuals, agencies and organizations as may from time to time be 885 |
---|
1016 | 1076 | | offered and needed and with the cooperation of such agencies, (A) to 886 |
---|
1017 | 1077 | | study the problems of discrimination in all or specific fields of human 887 |
---|
1018 | 1078 | | relationships, and (B) to foster through education and community effort 888 |
---|
1019 | 1079 | | or otherwise good will among the groups and elements of the 889 |
---|
1020 | 1080 | | population of the state; 890 |
---|
1021 | 1081 | | (13) To require the posting by an employer, employment agency or 891 |
---|
1022 | 1082 | | labor organization of such notices regarding statutory provisions as the 892 |
---|
1023 | 1083 | | commission shall provide; 893 |
---|
1024 | 1084 | | (14) To require the posting, by any respondent or other person subject 894 |
---|
1025 | 1085 | | to the requirements of section 46a-64, 46a-64c, 46a-81d or 46a-81e, of 895 |
---|
1026 | 1086 | | such notices of statutory provisions as it deems desirable; 896 |
---|
1027 | 1087 | | (15) To require an employer having three or more employees to (A) 897 |
---|
1028 | 1088 | | post in a prominent and accessible location information concerning the 898 |
---|
1029 | 1089 | | illegality of sexual harassment and remedies available to victims of 899 |
---|
1030 | 1090 | | sexual harassment; (B) provide, not later than three months after the 900 |
---|
1032 | 1098 | | concerning the illegality of sexual harassment and remedies available to 902 |
---|
1033 | 1099 | | victims of sexual harassment to each employee by electronic mail with 903 |
---|
1034 | 1100 | | a subject line that includes the words "Sexual Harassment Policy" or 904 |
---|
1035 | 1101 | | words of similar import, if (i) the employer has provided an electronic 905 |
---|
1036 | 1102 | | mail account to the employee, or (ii) the employee has provided the 906 |
---|
1037 | 1103 | | employer with an electronic mail address, provided if an employer has 907 |
---|
1038 | 1104 | | not provided an electronic mail account to the employee, the employer 908 |
---|
1039 | 1105 | | shall post the information concerning the illegality of sexual harassment 909 |
---|
1040 | 1106 | | and remedies available to victims of sexual harassment on the 910 |
---|
1041 | 1107 | | employer's Internet web site, if the employer maintains such an Internet 911 |
---|
1042 | 1108 | | web site. An employer may comply with the requirements of this 912 |
---|
1043 | 1109 | | subparagraph, by providing an employee with the link to the 913 |
---|
1049 | 1111 | | harassment and the remedies available to victims of sexual harassment 915 |
---|
1050 | 1112 | | by electronic mail, text message or in writing; and (C) provide two hours 916 |
---|
1051 | 1113 | | of training and education to employees within one year of October 1, 917 |
---|
1052 | 1114 | | 2019, provided any employer who has provided such training and 918 |
---|
1053 | 1115 | | education to any such employees after October 1, 2018, shall not be 919 |
---|
1054 | 1116 | | required to provide such training and education a second time. An 920 |
---|
1055 | 1117 | | employer having (i) three or more employees, shall provide such 921 |
---|
1056 | 1118 | | training and education to an employee hired on or after October 1, 2019, 922 |
---|
1057 | 1119 | | not later than six months after the date of his or her hire, provided the 923 |
---|
1058 | 1120 | | commission has developed and made available such training and 924 |
---|
1059 | 1121 | | education materials in accordance with the provisions of subdivision (8) 925 |
---|
1060 | 1122 | | of subsection (a) of section 46a-56; or (ii) less than three employees shall 926 |
---|
1061 | 1123 | | provide such training and education to all supervisory employees 927 |
---|
1062 | 1124 | | within one year of October 1, 2019, and to all new supervisory 928 |
---|
1063 | 1125 | | employees within six months of their assumption of a supervisory 929 |
---|
1064 | 1126 | | position, provided any employer who has provided such training and 930 |
---|
1065 | 1127 | | education to any such supervisory employees after October 1, 2018, shall 931 |
---|
1066 | 1128 | | not be required to provide such training and education a second time. 932 |
---|
1067 | 1129 | | Any supervisory employee hired on or after October 1, 2019, by an 933 |
---|
1068 | 1130 | | employer having less than three employees, shall receive such training 934 |
---|
1069 | 1131 | | and education not later than six months after the date of his or her hire, 935 |
---|
1071 | 1139 | | training and education materials in accordance with the provisions of 937 |
---|
1072 | 1140 | | subdivision (8) of subsection (a) of section 46a-56. Such training and 938 |
---|
1073 | 1141 | | education shall include information concerning the federal and state 939 |
---|
1074 | 1142 | | statutory provisions concerning sexual harassment and remedies 940 |
---|
1075 | 1143 | | available to victims of sexual harassment. If an employee has received 941 |
---|
1076 | 1144 | | in-person training provided by the commission or has taken the no cost 942 |
---|
1077 | 1145 | | online training provided by the commission on its Internet web site in 943 |
---|
1078 | 1146 | | accordance with the provisions of subdivision (8) of subsection (a) of 944 |
---|
1079 | 1147 | | section 46a-56 while employed by a different employer within the two 945 |
---|
1080 | 1148 | | years preceding the date of hire, an employer may consider such prior 946 |
---|
1081 | 1149 | | training to satisfy the training requirements of this subdivision. An 947 |
---|
1082 | 1150 | | employer who is required to provide training under this subdivision 948 |
---|
1088 | 1152 | | supervisory and nonsupervisory employees on the content of such 950 |
---|
1089 | 1153 | | training and education not less than every ten years. As used in this 951 |
---|
1090 | 1154 | | subdivision, "sexual harassment" has the same meaning as provided in 952 |
---|
1091 | 1155 | | subdivision (8) of subsection (b) of section 46a-60 and "employer" 953 |
---|
1092 | 1156 | | includes the General Assembly and "employee" means any individual 954 |
---|
1093 | 1157 | | employed by an employer, including an individual employed by such 955 |
---|
1094 | 1158 | | individual's parent, spouse or child; 956 |
---|
1095 | 1159 | | (16) To require each state agency that employs one or more 957 |
---|
1096 | 1160 | | employees to (A) provide a minimum of three hours of diversity 958 |
---|
1097 | 1161 | | training and education (i) to all supervisory and nonsupervisory 959 |
---|
1098 | 1162 | | employees, not later than July 1, 2002, with priority for such training to 960 |
---|
1099 | 1163 | | supervisory employees, and (ii) to all newly hired supervisory and 961 |
---|
1100 | 1164 | | nonsupervisory employees, not later than six months after their 962 |
---|
1101 | 1165 | | assumption of a position with a state agency, with priority for such 963 |
---|
1102 | 1166 | | training to supervisory employees. Such training and education shall 964 |
---|
1103 | 1167 | | include information concerning the federal and state statutory 965 |
---|
1104 | 1168 | | provisions concerning discrimination and hate crimes directed at 966 |
---|
1105 | 1169 | | protected classes and remedies available to victims of discrimination 967 |
---|
1106 | 1170 | | and hate crimes, standards for working with and serving persons from 968 |
---|
1107 | 1171 | | diverse populations and strategies for addressing differences that may 969 |
---|
1109 | 1179 | | to the Commission on Human Rights and Opportunities concerning the 971 |
---|
1110 | 1180 | | status of the diversity training and education required under 972 |
---|
1111 | 1181 | | subparagraph (A) of this subdivision. The information in such annual 973 |
---|
1112 | 1182 | | reports shall be reviewed by the commission for the purpose of 974 |
---|
1113 | 1183 | | submitting an annual summary report to the General Assembly. 975 |
---|
1114 | 1184 | | Notwithstanding the provisions of this section, if a state agency has 976 |
---|
1115 | 1185 | | provided such diversity training and education to any of its employees 977 |
---|
1116 | 1186 | | prior to October 1, 1999, such state agency shall not be required to 978 |
---|
1117 | 1187 | | provide such training and education a second time to such employees. 979 |
---|
1118 | 1188 | | The requirements of this subdivision shall be accomplished within 980 |
---|
1119 | 1189 | | available appropriations. As used in this subdivision, "employee" 981 |
---|
1120 | 1190 | | includes any part-time employee who works more than twenty hours 982 |
---|
1126 | 1192 | | (17) To require each agency to submit information demonstrating its 984 |
---|
1127 | 1193 | | compliance with subdivision (16) of this section as part of its affirmative 985 |
---|
1128 | 1194 | | action plan and to receive and investigate complaints concerning the 986 |
---|
1129 | 1195 | | failure of a state agency to comply with the requirements of subdivision 987 |
---|
1130 | 1196 | | (16) of this section; 988 |
---|
1131 | 1197 | | (18) To enter into contracts for and accept grants of private or federal 989 |
---|
1132 | 1198 | | funds and to accept gifts, donations or bequests, including donations of 990 |
---|
1133 | 1199 | | service by attorneys; 991 |
---|
1134 | 1200 | | (19) To require each state agency to provide a minimum of one hour 992 |
---|
1135 | 1201 | | of training and education related to domestic violence and the resources 993 |
---|
1136 | 1202 | | available to victims of domestic violence (A) to all employees hired prior 994 |
---|
1137 | 1203 | | to January 1, 2023, not later than July 1, 2023, and (B) to all employees 995 |
---|
1138 | 1204 | | hired on or after January 1, 2023, not later than six months after their 996 |
---|
1139 | 1205 | | assumption of a position with a state agency. Such training and 997 |
---|
1140 | 1206 | | education shall include information concerning (i) domestic violence, 998 |
---|
1141 | 1207 | | abuser and victim behaviors; (ii) how domestic violence may impact the 999 |
---|
1142 | 1208 | | workplace; and (iii) the resources available to victims of domestic 1000 |
---|
1143 | 1209 | | violence. The requirements of this subdivision shall be accomplished 1001 |
---|
1144 | 1210 | | within available appropriations using the training and education 1002 |
---|
1146 | 1218 | | provisions of subdivision (10) of subsection (a) of section 46a-56; [and] 1004 |
---|
1147 | 1219 | | (20) To require an employer having three or more employees to post 1005 |
---|
1148 | 1220 | | in a prominent and accessible location information concerning domestic 1006 |
---|
1149 | 1221 | | violence and the resources available to victims of domestic violence in 1007 |
---|
1150 | 1222 | | Connecticut; and 1008 |
---|
1151 | 1223 | | (21) Beginning on July 1, 2025, to require a deployer, or the third party 1009 |
---|
1152 | 1224 | | contracted by a deployer as set forth in subsection (c) of section 3 of this 1010 |
---|
1153 | 1225 | | act, as applicable, to provide to the commission any impact assessment 1011 |
---|
1154 | 1226 | | completed pursuant to said subsection. The deployer or third party shall 1012 |
---|
1155 | 1227 | | provide such impact assessment to the commission in a manner 1013 |
---|
1156 | 1228 | | prescribed by the commission and not later than seven days after the 1014 |
---|
1162 | 1230 | | shall be exempt from disclosure under the Freedom of Information Act, 1016 |
---|
1163 | 1231 | | as defined in section 1-200. To the extent any information contained in 1017 |
---|
1164 | 1232 | | any such impact assessment includes any information subject to the 1018 |
---|
1165 | 1233 | | attorney-client privilege or work product protection, such disclosure 1019 |
---|
1166 | 1234 | | shall not constitute a waiver of such privilege or protection. Nothing in 1020 |
---|
1167 | 1235 | | this subdivision shall be construed to require a deployer, or the third 1021 |
---|
1168 | 1236 | | party contracted by a deployer as set forth in subsection (c) of section 3 1022 |
---|
1169 | 1237 | | of this act, as applicable, to disclose any trade secret, as defined in 1023 |
---|
1170 | 1238 | | section 35-51, or other confidential or proprietary information. 1024 |
---|
1171 | 1239 | | Sec. 13. Section 19a-490s of the general statutes is repealed and the 1025 |
---|
1172 | 1240 | | following is substituted in lieu thereof (Effective October 1, 2024): 1026 |
---|
1173 | 1241 | | Except as provided in this section, a health care employer shall report 1027 |
---|
1174 | 1242 | | to such employer's local law enforcement agency any act which may 1028 |
---|
1175 | 1243 | | constitute an assault or related offense, as described in part V of chapter 1029 |
---|
1176 | 1244 | | 952, against a health care employee acting in the performance of his or 1030 |
---|
1177 | 1245 | | her duties. A health care employer shall make such report not later than 1031 |
---|
1178 | 1246 | | twenty-four hours after the occurrence of the act. The health care 1032 |
---|
1179 | 1247 | | employer shall provide the names and addresses of those involved with 1033 |
---|
1180 | 1248 | | such act to the local law enforcement agency. A health care employer 1034 |
---|
1182 | 1256 | | related offense if the act was committed by a person with a disability as 1036 |
---|
1183 | 1257 | | described in subdivision [(13), (15) or (20)] (15), (17) or (22) of section 1037 |
---|
1184 | 1258 | | 46a-51, as amended by this act, whose conduct is a clear and direct 1038 |
---|
1185 | 1259 | | manifestation of the disability. 1039 |
---|
1186 | 1260 | | Sec. 14. Subdivision (8) of section 46a-64b of the general statutes is 1040 |
---|
1187 | 1261 | | repealed and the following is substituted in lieu thereof (Effective October 1041 |
---|
1188 | 1262 | | 1, 2024): 1042 |
---|
1189 | 1263 | | (8) "Physical or mental disability" includes, but is not limited to, 1043 |
---|
1190 | 1264 | | intellectual disability, as defined in section 1-1g, and physical disability, 1044 |
---|
1191 | 1265 | | as defined in subdivision [(15)] (17) of section 46a-51, as amended by 1045 |
---|
1192 | 1266 | | this act, and also includes, but is not limited to, persons who have a 1046 |
---|
1198 | 1268 | | Sec. 15. Subsection (c) of section 53a-167c of the 2024 supplement to 1048 |
---|
1199 | 1269 | | the general statutes is repealed and the following is substituted in lieu 1049 |
---|
1200 | 1270 | | thereof (Effective October 1, 2024): 1050 |
---|
1201 | 1271 | | (c) In any prosecution under this section involving assault of a health 1051 |
---|
1202 | 1272 | | care employee, as defined in section 19a-490q, it shall be an affirmative 1052 |
---|
1203 | 1273 | | defense that the defendant is a person with a disability as described in 1053 |
---|
1204 | 1274 | | subdivision [(13), (15) or (20)] (15), (17) or (22) of section 46a-51, as 1054 |
---|
1205 | 1275 | | amended by this act, and the defendant's conduct was a clear and direct 1055 |
---|
1206 | 1276 | | manifestation of the disability, except that for the purposes of this 1056 |
---|
1207 | 1277 | | subsection, "mental disability", as defined in subdivision [(20)] (22) of 1057 |
---|
1208 | 1278 | | section 46a-51, as amended by this act, does not include any abnormality 1058 |
---|
1209 | 1279 | | manifested only by repeated criminal or antisocial conduct. 1059 |
---|
1210 | 1280 | | Sec. 16. (NEW) (Effective from passage) (a) For the purposes of this 1060 |
---|
1211 | 1281 | | section, "artificial intelligence" means: (1) An artificial system that (A) 1061 |
---|
1212 | 1282 | | performs tasks under varying and unpredictable circumstances without 1062 |
---|
1213 | 1283 | | significant human oversight or can learn from experience and improve 1063 |
---|
1214 | 1284 | | such performance when exposed to datasets, (B) is developed in any 1064 |
---|
1215 | 1285 | | context, including, but not limited to, software or physical hardware, 1065 |
---|
1217 | 1293 | | learning, communication or physical action, or (C) is designed to (i) 1067 |
---|
1218 | 1294 | | think or act like a human by using, for example, a cognitive architecture 1068 |
---|
1219 | 1295 | | or neural network, or (ii) act rationally by using, for example, an 1069 |
---|
1220 | 1296 | | intelligent software agent or embodied robot that achieves goals 1070 |
---|
1221 | 1297 | | through perception, planning, reasoning, learning, communication, 1071 |
---|
1222 | 1298 | | decision-making or action; and (2) a set of techniques, including, but not 1072 |
---|
1223 | 1299 | | limited to, machine learning, that is designed to approximate a cognitive 1073 |
---|
1224 | 1300 | | task. 1074 |
---|
1225 | 1301 | | (b) There is established an Artificial Intelligence Advisory Council to 1075 |
---|
1226 | 1302 | | engage stakeholders and experts to: (1) Study the laws and regulations 1076 |
---|
1227 | 1303 | | of other states concerning artificial intelligence to ensure that the 1077 |
---|
1228 | 1304 | | definitions included in, and requirements imposed by, the laws and 1078 |
---|
1229 | 1305 | | regulations of this state concerning artificial intelligence are consistent 1079 |
---|
1235 | 1307 | | ongoing dialogue between academia, government and industry 1081 |
---|
1236 | 1308 | | concerning artificial intelligence; (3) make recommendations concerning 1082 |
---|
1237 | 1309 | | the adoption of legislation to ensure that this state is a leader in artificial 1083 |
---|
1238 | 1310 | | intelligence innovation; and (4) advise the Department of Economic and 1084 |
---|
1239 | 1311 | | Community Development for the purpose of attracting and promoting 1085 |
---|
1240 | 1312 | | the growth of technology businesses in this state. 1086 |
---|
1241 | 1313 | | (c) (1) (A) The advisory council shall be part of the Legislative 1087 |
---|
1242 | 1314 | | Department and consist of the following voting members: (i) One 1088 |
---|
1243 | 1315 | | appointed by the speaker of the House of Representatives, who shall be 1089 |
---|
1244 | 1316 | | a representative of the industries that are developing artificial 1090 |
---|
1245 | 1317 | | intelligence; (ii) two appointed by the president pro tempore of the 1091 |
---|
1246 | 1318 | | Senate, one of whom shall be a representative of a labor union 1092 |
---|
1247 | 1319 | | representing public employees in this state and one of whom shall be a 1093 |
---|
1248 | 1320 | | representative of the industries that are using artificial intelligence; (iii) 1094 |
---|
1249 | 1321 | | one appointed by the majority leader of the House of Representatives, 1095 |
---|
1250 | 1322 | | who shall be an academic with a concentration in the study of 1096 |
---|
1251 | 1323 | | technology and technology policy; (iv) one appointed by the majority 1097 |
---|
1252 | 1324 | | leader of the Senate, who shall be an academic with a concentration in 1098 |
---|
1254 | 1332 | | minority leader of the House of Representatives, who shall be a 1100 |
---|
1255 | 1333 | | representative of an industry association representing the industries 1101 |
---|
1256 | 1334 | | that are developing artificial intelligence; (vi) one appointed by the 1102 |
---|
1257 | 1335 | | minority leader of the Senate, who shall be a representative of an 1103 |
---|
1258 | 1336 | | industry association representing the industries that are using artificial 1104 |
---|
1259 | 1337 | | intelligence; (vii) one appointed by the House chairperson of the joint 1105 |
---|
1260 | 1338 | | standing committee of the General Assembly having cognizance of 1106 |
---|
1261 | 1339 | | matters relating to consumer protection; (viii) one appointed by the 1107 |
---|
1262 | 1340 | | Senate chairperson of the joint standing committee of the General 1108 |
---|
1263 | 1341 | | Assembly having cognizance of matters relating to consumer 1109 |
---|
1264 | 1342 | | protection; (ix) two appointed by the Governor, who shall be members 1110 |
---|
1265 | 1343 | | of the Connecticut Academy of Science and Engineering; and (x) the 1111 |
---|
1266 | 1344 | | House and Senate chairpersons of the joint standing committee of the 1112 |
---|
1267 | 1345 | | General Assembly having cognizance of matters relating to consumer 1113 |
---|
1273 | 1347 | | (B) All voting members appointed pursuant to subparagraphs (A)(i) 1115 |
---|
1274 | 1348 | | to (A)(ix), inclusive, of this subdivision shall have professional 1116 |
---|
1275 | 1349 | | experience or academic qualifications in matters pertaining to artificial 1117 |
---|
1276 | 1350 | | intelligence, automated systems, government policy or another related 1118 |
---|
1277 | 1351 | | field. 1119 |
---|
1278 | 1352 | | (C) All initial appointments to the advisory council under 1120 |
---|
1279 | 1353 | | subparagraphs (A)(i) to (A)(ix), inclusive, of this subdivision shall be 1121 |
---|
1280 | 1354 | | made not later than thirty days after the effective date of this section. 1122 |
---|
1281 | 1355 | | Any vacancy shall be filled by the appointing authority. 1123 |
---|
1282 | 1356 | | (D) Any action taken by the advisory council shall be taken by a 1124 |
---|
1283 | 1357 | | majority vote of all members present who are entitled to vote, provided 1125 |
---|
1284 | 1358 | | no such action may be taken unless at least fifty per cent of such 1126 |
---|
1285 | 1359 | | members are present. 1127 |
---|
1286 | 1360 | | (2) The advisory council shall include the following nonvoting, ex-1128 |
---|
1287 | 1361 | | officio members: (A) The Attorney General, or the Attorney General's 1129 |
---|
1288 | 1362 | | designee; (B) the Comptroller, or the Comptroller's designee; (C) the 1130 |
---|
1290 | 1370 | | Administrative Services, or said commissioner's designee; (E) the 1132 |
---|
1291 | 1371 | | Commissioner of Economic and Community Development, or said 1133 |
---|
1292 | 1372 | | commissioner's designee; (F) the Chief Data Officer, or said officer's 1134 |
---|
1293 | 1373 | | designee; (G) the executive director of the Freedom of Information 1135 |
---|
1294 | 1374 | | Commission, or said executive director's designee; (H) the executive 1136 |
---|
1295 | 1375 | | director of the Commission on Women, Children, Seniors, Equity and 1137 |
---|
1296 | 1376 | | Opportunity, or said executive director's designee; (I) the Chief Court 1138 |
---|
1297 | 1377 | | Administrator, or said administrator's designee; and (J) the executive 1139 |
---|
1298 | 1378 | | director of the Connecticut Academy of Science and Engineering, or said 1140 |
---|
1299 | 1379 | | executive director's designee. 1141 |
---|
1300 | 1380 | | (d) The Commissioner of Economic and Community Development, 1142 |
---|
1301 | 1381 | | or said commissioner's designee, and the executive director of the 1143 |
---|
1302 | 1382 | | Connecticut Academy of Science and Engineering, or said executive 1144 |
---|
1303 | 1383 | | director's designee, shall serve as chairpersons of the advisory council. 1145 |
---|
1309 | 1385 | | council, which shall be held not later than sixty days after the effective 1147 |
---|
1310 | 1386 | | date of this section. 1148 |
---|
1311 | 1387 | | (e) Not later than January 1, 2025, and at least annually thereafter, the 1149 |
---|
1312 | 1388 | | advisory council shall submit a report, in accordance with the 1150 |
---|
1313 | 1389 | | provisions of section 11-4a of the general statutes, to the joint standing 1151 |
---|
1314 | 1390 | | committee of the General Assembly having cognizance of matters 1152 |
---|
1315 | 1391 | | relating to consumer protection and to the Commissioner of Economic 1153 |
---|
1316 | 1392 | | and Community Development setting forth the advisory council's 1154 |
---|
1317 | 1393 | | findings and recommendations. 1155 |
---|
1318 | 1394 | | (f) The administrative staff of the joint standing committee of the 1156 |
---|
1319 | 1395 | | General Assembly having cognizance of matters relating to consumer 1157 |
---|
1320 | 1396 | | protection shall serve as administrative staff of the advisory council. 1158 |
---|
1321 | 1397 | | Sec. 17. (NEW) (Effective October 1, 2024) (a) A person is guilty of 1159 |
---|
1322 | 1398 | | unlawful dissemination of a synthetic intimate image when (1) such 1160 |
---|
1323 | 1399 | | person intentionally disseminates by electronic or other means a film, 1161 |
---|
1324 | 1400 | | videotape or other image that (A) is not wholly recorded by a camera 1162 |
---|
1326 | 1408 | | (B) includes a synthetic representation, that is virtually 1164 |
---|
1327 | 1409 | | indistinguishable from an actual representation, (i) of the genitals, pubic 1165 |
---|
1328 | 1410 | | area or buttocks of another person with less than a fully opaque 1166 |
---|
1329 | 1411 | | covering of such body part, (ii) of the breast of another person who is 1167 |
---|
1330 | 1412 | | female with less than a fully opaque covering of any portion of such 1168 |
---|
1331 | 1413 | | breast below the top of the nipple, or (iii) of another person engaged in 1169 |
---|
1332 | 1414 | | sexual intercourse, as defined in section 53a-193 of the general statutes, 1170 |
---|
1333 | 1415 | | (2) such person disseminates such synthetic intimate image without the 1171 |
---|
1334 | 1416 | | consent of such other person, and (3) such other person suffers harm as 1172 |
---|
1335 | 1417 | | a result of such dissemination. For purposes of this subsection, 1173 |
---|
1336 | 1418 | | "disseminate" and "harm" have the same meanings as provided in 1174 |
---|
1337 | 1419 | | section 53a-189c of the general statutes. 1175 |
---|
1338 | 1420 | | (b) The provisions of subsection (a) of this section shall not apply to: 1176 |
---|
1339 | 1421 | | (1) Any synthetic intimate image described in subsection (a) of this 1177 |
---|
1345 | 1423 | | exposure or engagement in sexual intercourse by such other person, in 1179 |
---|
1346 | 1424 | | a public place, as defined in section 53a-181 of the general statutes, or in 1180 |
---|
1347 | 1425 | | a commercial setting; 1181 |
---|
1348 | 1426 | | (2) Any synthetic intimate image described in subsection (a) of this 1182 |
---|
1349 | 1427 | | section of such other person, if such other person is not clearly 1183 |
---|
1350 | 1428 | | identifiable, unless other personally identifying information is 1184 |
---|
1351 | 1429 | | associated with or accompanies such image; 1185 |
---|
1352 | 1430 | | (3) Any synthetic intimate image described in subsection (a) of this 1186 |
---|
1353 | 1431 | | section of such other person, if the dissemination of such image serves 1187 |
---|
1354 | 1432 | | the public interest; or 1188 |
---|
1355 | 1433 | | (4) The dissemination of any synthetic intimate image by a person 1189 |
---|
1356 | 1434 | | who did not know that such other person did not consent to 1190 |
---|
1357 | 1435 | | dissemination of such image. 1191 |
---|
1358 | 1436 | | (c) Unlawful dissemination of a synthetic intimate image to (1) a 1192 |
---|
1359 | 1437 | | person by any means is a class A misdemeanor, and (2) more than one 1193 |
---|
1361 | 1445 | | USC 230, an information service, as defined in 47 USC 153, or a 1195 |
---|
1362 | 1446 | | telecommunications service, as defined in section 16-247a of the general 1196 |
---|
1363 | 1447 | | statutes, is a class D felony. 1197 |
---|
1364 | 1448 | | (d) Nothing in this section shall be construed to impose liability on 1198 |
---|
1365 | 1449 | | the provider of an interactive computer service, as defined in 47 USC 1199 |
---|
1366 | 1450 | | 230, an information service, as defined in 47 USC 153, or a 1200 |
---|
1367 | 1451 | | telecommunications service, as defined in section 16-247a of the general 1201 |
---|
1368 | 1452 | | statutes, for content provided by another person. 1202 |
---|
1369 | 1453 | | Sec. 18. Section 9-600 of the general statutes is repealed and the 1203 |
---|
1370 | 1454 | | following is substituted in lieu thereof (Effective July 1, 2024): 1204 |
---|
1371 | 1455 | | [This] Except as otherwise provided in section 19 of this act, this 1205 |
---|
1372 | 1456 | | chapter applies to: (1) The election, and all primaries preliminary 1206 |
---|
1373 | 1457 | | thereto, of all public officials, except presidential electors, United States 1207 |
---|
1379 | 1459 | | This chapter also applies, except for the provisions of sections 9-611 to 1209 |
---|
1380 | 1460 | | 9-620, inclusive, to persons who are candidates in a primary for town 1210 |
---|
1381 | 1461 | | committee members. 1211 |
---|
1382 | 1462 | | Sec. 19. (NEW) (Effective July 1, 2024) (a) As used in this section: 1212 |
---|
1383 | 1463 | | (1) "Artificial intelligence" means a machine-based system that (A) 1213 |
---|
1384 | 1464 | | can, for a given set of human-defined objectives, make predictions, 1214 |
---|
1385 | 1465 | | recommendations or decisions influencing real or virtual environments, 1215 |
---|
1386 | 1466 | | and (B) uses machine and human-based inputs to (i) perceive real and 1216 |
---|
1387 | 1467 | | virtual environments, (ii) abstract such perceptions into models through 1217 |
---|
1388 | 1468 | | analysis in an automated manner, and (iii) formulate options for 1218 |
---|
1389 | 1469 | | information or action through model inference; 1219 |
---|
1390 | 1470 | | (2) "Candidate" means a human being who seeks election, or 1220 |
---|
1391 | 1471 | | nomination for election, to any municipal, federal or state office; 1221 |
---|
1392 | 1472 | | (3) "Deceptive media" means an image, audio or video that (A) 1222 |
---|
1393 | 1473 | | depicts a human being engaging in speech or conduct in which the 1223 |
---|
1395 | 1481 | | incorrectly believe depicts such human being engaging in such speech 1225 |
---|
1396 | 1482 | | or conduct, and (C) was produced, in whole or in part, by artificial 1226 |
---|
1397 | 1483 | | intelligence; 1227 |
---|
1398 | 1484 | | (4) "Election" has the same meaning as provided in section 9-1 of the 1228 |
---|
1399 | 1485 | | general statutes; and 1229 |
---|
1400 | 1486 | | (5) "Elector" has the same meaning as provided in section 9-1 of the 1230 |
---|
1401 | 1487 | | general statutes. 1231 |
---|
1402 | 1488 | | (b) Except as provided in subsections (c) and (d) of this section, no 1232 |
---|
1403 | 1489 | | person shall distribute, or enter into an agreement with another person 1233 |
---|
1404 | 1490 | | to distribute, any deceptive media during the ninety-day period 1234 |
---|
1405 | 1491 | | immediately preceding the availability of overseas ballots for an 1235 |
---|
1406 | 1492 | | election, or any primary precedent thereto, as set forth in subsection (b) 1236 |
---|
1407 | 1493 | | of section 9-158c of the general statutes, if: 1237 |
---|
1413 | 1495 | | being engaging in speech or conduct in which such human being did 1239 |
---|
1414 | 1496 | | not engage, and (B) in distributing such deceptive media or entering into 1240 |
---|
1415 | 1497 | | such agreement, intends to (i) harm the reputation or electoral prospects 1241 |
---|
1416 | 1498 | | of a candidate in the primary or election, and (ii) change the voting 1242 |
---|
1417 | 1499 | | behavior of electors in the primary or election by deceiving such electors 1243 |
---|
1418 | 1500 | | into incorrectly believing that the human being described in 1244 |
---|
1419 | 1501 | | subparagraph (A) of this subdivision engaged in the speech or conduct 1245 |
---|
1420 | 1502 | | described in said subparagraph; and 1246 |
---|
1421 | 1503 | | (2) It is reasonably foreseeable that the distribution will (A) harm the 1247 |
---|
1422 | 1504 | | reputation or electoral prospects of a candidate in the primary or 1248 |
---|
1423 | 1505 | | election, and (B) change the voting behavior of electors in the primary 1249 |
---|
1424 | 1506 | | or election in the manner set forth in subparagraph (B)(ii) of subdivision 1250 |
---|
1425 | 1507 | | (1) of this subsection. 1251 |
---|
1426 | 1508 | | (c) A person may distribute, or enter into an agreement with another 1252 |
---|
1427 | 1509 | | person to distribute, deceptive media during the ninety-day period set 1253 |
---|
1429 | 1517 | | (1) The deceptive media includes a disclaimer informing viewers or 1255 |
---|
1430 | 1518 | | listeners, as applicable, that the media has been manipulated by 1256 |
---|
1431 | 1519 | | technical means and depicts speech or conduct that did not occur; 1257 |
---|
1432 | 1520 | | (2) If the deceptive media is a video, the deceptive media includes a 1258 |
---|
1433 | 1521 | | disclaimer that (A) appears throughout the entirety of the video, (B) is 1259 |
---|
1434 | 1522 | | clearly visible to, and readable by, the average viewer, (C) is in letters (i) 1260 |
---|
1435 | 1523 | | at least as large as the majority of the other text included in the video, or 1261 |
---|
1436 | 1524 | | (ii) if there is no other text included in the video, in a size that is easily 1262 |
---|
1437 | 1525 | | readable by the average viewer, and (D) is in the same language 1263 |
---|
1438 | 1526 | | otherwise used in such deceptive media; 1264 |
---|
1439 | 1527 | | (3) If the deceptive media exclusively consists of audio, the deceptive 1265 |
---|
1440 | 1528 | | media includes a disclaimer that is read (A) at the beginning and end of 1266 |
---|
1441 | 1529 | | the audio, (B) in a clearly spoken manner, (C) in a pitch that can be easily 1267 |
---|
1442 | 1530 | | heard by the average listener, and (D) if the audio is longer than two 1268 |
---|
1443 | 1531 | | minutes in duration, interspersed within the audio at intervals that are 1269 |
---|
1449 | 1533 | | (4) If the deceptive media is an image, the deceptive media includes 1271 |
---|
1450 | 1534 | | a disclaimer that (A) is clearly visible to, and readable by, the average 1272 |
---|
1451 | 1535 | | viewer, (B) if the media contains other text, is in letters (i) at least as large 1273 |
---|
1452 | 1536 | | as the majority of the other text included in the image, or (ii) if there is 1274 |
---|
1453 | 1537 | | no other text included in the image, in a size that is easily readable by 1275 |
---|
1454 | 1538 | | the average viewer, and (C) is in the same language otherwise used in 1276 |
---|
1455 | 1539 | | such deceptive media; and 1277 |
---|
1456 | 1540 | | (5) If the deceptive media was generated by editing an existing image, 1278 |
---|
1457 | 1541 | | audio or video, the deceptive media includes a disclaimer that includes 1279 |
---|
1458 | 1542 | | a citation directing the viewer or listener to the original source from 1280 |
---|
1459 | 1543 | | which the unedited version of such existing image, audio or video was 1281 |
---|
1460 | 1544 | | obtained. 1282 |
---|
1461 | 1545 | | (d) The provisions of this section shall not apply to any deceptive 1283 |
---|
1462 | 1546 | | media that constitutes parody or satire. 1284 |
---|
1464 | 1554 | | guilty of a class C misdemeanor, except that any violation committed 1286 |
---|
1465 | 1555 | | not later than five years after conviction for a prior violation shall be a 1287 |
---|
1466 | 1556 | | class D felony. 1288 |
---|
1467 | 1557 | | (2) Any penalty imposed under subdivision (1) of this subsection 1289 |
---|
1468 | 1558 | | shall be in addition to any injunctive or other equitable relief ordered 1290 |
---|
1469 | 1559 | | under subsection (f) of this section. 1291 |
---|
1470 | 1560 | | (f) (1) The Attorney General, a human being described in 1292 |
---|
1471 | 1561 | | subparagraph (A) of subdivision (1) of subsection (b) of this section or a 1293 |
---|
1472 | 1562 | | candidate for office who has been, or is likely to be, injured by the 1294 |
---|
1473 | 1563 | | distribution of deceptive media in violation of the provisions of this 1295 |
---|
1474 | 1564 | | section, or an organization that represents the interests of electors who 1296 |
---|
1475 | 1565 | | have been, or are likely to be, deceived by any such distribution, may 1297 |
---|
1476 | 1566 | | commence a civil action, in a court of competent jurisdiction, seeking to 1298 |
---|
1477 | 1567 | | permanently enjoin any person who is alleged to have committed such 1299 |
---|
1478 | 1568 | | violation from continuing such violation. 1300 |
---|
1484 | 1570 | | subsection, the plaintiff shall bear the burden of proving, by clear and 1302 |
---|
1485 | 1571 | | convincing evidence, that the defendant distributed deceptive media in 1303 |
---|
1486 | 1572 | | violation of the provisions of this section. 1304 |
---|
1487 | 1573 | | (3) Any party, other than the Attorney General, who prevails in a civil 1305 |
---|
1488 | 1574 | | action commenced under subdivision (1) of this subsection shall be 1306 |
---|
1489 | 1575 | | awarded reasonable attorney's fees and costs to be taxed by the court. 1307 |
---|
1490 | 1576 | | Sec. 20. (Effective from passage) (a) As used in this section: 1308 |
---|
1491 | 1577 | | (1) "Artificial intelligence" means any technology, including, but not 1309 |
---|
1492 | 1578 | | limited to, machine learning, that uses data to train an algorithm or 1310 |
---|
1493 | 1579 | | predictive model for the purpose of enabling a computer system or 1311 |
---|
1494 | 1580 | | service to autonomously perform any task, including, but not limited to, 1312 |
---|
1495 | 1581 | | visual perception, language processing or speech recognition, that is 1313 |
---|
1496 | 1582 | | normally associated with human intelligence or perception; 1314 |
---|
1498 | 1590 | | intelligence, including, but not limited to, a foundation model, that is 1316 |
---|
1499 | 1591 | | able to produce synthetic digital content; 1317 |
---|
1500 | 1592 | | (3) "Machine learning" means any technique that enables a computer 1318 |
---|
1501 | 1593 | | system or service to autonomously learn and adapt by using algorithms 1319 |
---|
1502 | 1594 | | and statistical models to autonomously analyze and draw inferences 1320 |
---|
1503 | 1595 | | from patterns in data; and 1321 |
---|
1504 | 1596 | | (4) "State agency" means any department, board, council, 1322 |
---|
1505 | 1597 | | commission, institution or other executive branch agency of state 1323 |
---|
1506 | 1598 | | government, including, but not limited to, each constituent unit and 1324 |
---|
1507 | 1599 | | each public institution of higher education. 1325 |
---|
1508 | 1600 | | (b) Each state agency shall, in consultation with the labor unions 1326 |
---|
1509 | 1601 | | representing the employees of the state agency, study how generative 1327 |
---|
1510 | 1602 | | artificial intelligence may be incorporated in its processes to improve 1328 |
---|
1511 | 1603 | | efficiencies. Each state agency shall prepare for any such incorporation 1329 |
---|
1512 | 1604 | | with input from the state agency's employees, including, but not limited 1330 |
---|
1518 | 1606 | | employees, and appropriate experts from civil society organizations, 1332 |
---|
1519 | 1607 | | academia and industry. 1333 |
---|
1520 | 1608 | | (c) Not later than January 1, 2025, each state agency shall submit the 1334 |
---|
1521 | 1609 | | results of such study to the Department of Administrative Services, 1335 |
---|
1522 | 1610 | | including a request for approval of any potential pilot project utilizing 1336 |
---|
1523 | 1611 | | generative artificial intelligence that the state agency intends to 1337 |
---|
1524 | 1612 | | establish, provided such use is in accordance with the policies and 1338 |
---|
1525 | 1613 | | procedures established by the Office of Policy and Management 1339 |
---|
1526 | 1614 | | pursuant to subsection (b) of section 4-68jj of the general statutes. Any 1340 |
---|
1527 | 1615 | | such pilot project shall measure how generative artificial intelligence (1) 1341 |
---|
1528 | 1616 | | improves Connecticut residents' experience with and access to 1342 |
---|
1529 | 1617 | | government services, and (2) supports state agency employees in the 1343 |
---|
1530 | 1618 | | performance of their duties in addition to any domain-specific impacts 1344 |
---|
1531 | 1619 | | to be measured by the state agency. The Commissioner of 1345 |
---|
1532 | 1620 | | Administrative Services shall assess any such proposed pilot project in 1346 |
---|
1534 | 1628 | | as amended by this act, and may disapprove any pilot project that fails 1348 |
---|
1535 | 1629 | | such assessment or requires additional legislative authorization. 1349 |
---|
1536 | 1630 | | (d) Not later than February 1, 2025, the Commissioner of 1350 |
---|
1537 | 1631 | | Administrative Services shall submit a report, in accordance with the 1351 |
---|
1538 | 1632 | | provisions of section 11-4a of the general statutes, to the joint standing 1352 |
---|
1539 | 1633 | | committees of the General Assembly having cognizance of matters 1353 |
---|
1540 | 1634 | | relating to consumer protection and government administration. Such 1354 |
---|
1541 | 1635 | | report shall include a summary of all pilot projects approved by the 1355 |
---|
1542 | 1636 | | commissioner under this section and any recommendations for 1356 |
---|
1543 | 1637 | | legislation necessary to implement additional pilot projects. 1357 |
---|
1544 | 1638 | | Sec. 21. Section 4a-2e of the 2024 supplement to the general statutes 1358 |
---|
1545 | 1639 | | is repealed and the following is substituted in lieu thereof (Effective July 1359 |
---|
1546 | 1640 | | 1, 2024): 1360 |
---|
1547 | 1641 | | (a) For the purposes of this section: 1361 |
---|
1548 | 1642 | | (1) "Artificial intelligence" means (A) an artificial system that (i) 1362 |
---|
1554 | 1644 | | significant human oversight or can learn from experience and improve 1364 |
---|
1555 | 1645 | | such performance when exposed to data sets, (ii) is developed in any 1365 |
---|
1556 | 1646 | | context, including, but not limited to, software or physical hardware, 1366 |
---|
1557 | 1647 | | and solves tasks requiring human-like perception, cognition, planning, 1367 |
---|
1558 | 1648 | | learning, communication or physical action, or (iii) is designed to (I) 1368 |
---|
1559 | 1649 | | think or act like a human, including, but not limited to, a cognitive 1369 |
---|
1560 | 1650 | | architecture or neural network, or (II) act rationally, including, but not 1370 |
---|
1561 | 1651 | | limited to, an intelligent software agent or embodied robot that achieves 1371 |
---|
1562 | 1652 | | goals using perception, planning, reasoning, learning, communication, 1372 |
---|
1563 | 1653 | | decision-making or action, or (B) a set of techniques, including, but not 1373 |
---|
1564 | 1654 | | limited to, machine learning, that is designed to approximate a cognitive 1374 |
---|
1565 | 1655 | | task; [and] 1375 |
---|
1566 | 1656 | | (2) "Generative artificial intelligence" means any form of artificial 1376 |
---|
1567 | 1657 | | intelligence, including, but not limited to, a foundation model, that is 1377 |
---|
1569 | 1665 | | [(2)] (3) "State agency" has the same meaning as provided in section 1379 |
---|
1570 | 1666 | | 4d-1. 1380 |
---|
1571 | 1667 | | (b) (1) Not later than December 31, 2023, and annually thereafter, the 1381 |
---|
1572 | 1668 | | [Department] Commissioner of Administrative Services shall conduct 1382 |
---|
1573 | 1669 | | an inventory of all systems that employ artificial intelligence and are in 1383 |
---|
1574 | 1670 | | use by any state agency. Each such inventory shall include at least the 1384 |
---|
1575 | 1671 | | following information for each such system: 1385 |
---|
1576 | 1672 | | (A) The name of such system and the vendor, if any, that provided 1386 |
---|
1577 | 1673 | | such system; 1387 |
---|
1578 | 1674 | | (B) A description of the general capabilities and uses of such system; 1388 |
---|
1579 | 1675 | | (C) Whether such system was used to independently make, inform or 1389 |
---|
1580 | 1676 | | materially support a conclusion, decision or judgment; and 1390 |
---|
1581 | 1677 | | (D) Whether such system underwent an impact assessment prior to 1391 |
---|
1582 | 1678 | | implementation. 1392 |
---|
1588 | 1680 | | make each inventory conducted pursuant to subdivision (1) of this 1394 |
---|
1589 | 1681 | | subsection publicly available on the state's open data portal. 1395 |
---|
1590 | 1682 | | (c) Beginning on February 1, 2024, the [Department] Commissioner 1396 |
---|
1591 | 1683 | | of Administrative Services shall perform ongoing assessments of 1397 |
---|
1592 | 1684 | | systems that employ artificial intelligence and are in use by state 1398 |
---|
1593 | 1685 | | agencies to ensure that no such system shall result in any unlawful 1399 |
---|
1594 | 1686 | | discrimination or disparate impact described in subparagraph (B) of 1400 |
---|
1595 | 1687 | | subdivision (1) of subsection (b) of section 4-68jj. The [department] 1401 |
---|
1596 | 1688 | | commissioner shall perform such assessment in accordance with the 1402 |
---|
1597 | 1689 | | policies and procedures established by the Office of Policy and 1403 |
---|
1598 | 1690 | | Management pursuant to subsection (b) of section 4-68jj. 1404 |
---|
1599 | 1691 | | (d) The Commissioner of Administrative Services shall, in 1405 |
---|
1600 | 1692 | | consultation with other state agencies, collective bargaining units that 1406 |
---|
1602 | 1700 | | trainings for state agency employees on (1) the use of generative 1408 |
---|
1603 | 1701 | | artificial intelligence tools that are determined by the commissioner, 1409 |
---|
1604 | 1702 | | pursuant to the assessment performed under subsection (c) of this 1410 |
---|
1605 | 1703 | | section, to achieve equitable outcomes, and (2) methods for identifying 1411 |
---|
1606 | 1704 | | and mitigating potential output inaccuracies, fabricated text, 1412 |
---|
1607 | 1705 | | hallucinations and biases of generative artificial intelligence while 1413 |
---|
1608 | 1706 | | respecting the privacy of the public and complying with all applicable 1414 |
---|
1609 | 1707 | | state laws and policies. Beginning on July 1, 2025, the commissioner 1415 |
---|
1610 | 1708 | | shall make such trainings available to state agency employees not less 1416 |
---|
1611 | 1709 | | frequently than annually. 1417 |
---|
1612 | 1710 | | Sec. 22. Subsection (b) of section 4-124w of the 2024 supplement to the 1418 |
---|
1613 | 1711 | | general statutes is repealed and the following is substituted in lieu 1419 |
---|
1614 | 1712 | | thereof (Effective July 1, 2024): 1420 |
---|
1615 | 1713 | | (b) The department head of the Office of Workforce Strategy shall be 1421 |
---|
1616 | 1714 | | the Chief Workforce Officer, who shall be appointed by the Governor in 1422 |
---|
1617 | 1715 | | accordance with the provisions of sections 4-5 to 4-8, inclusive, with the 1423 |
---|
1618 | 1716 | | powers and duties therein prescribed. The Chief Workforce Officer shall 1424 |
---|
1624 | 1718 | | office as set forth in this section and shall have knowledge of publicly 1426 |
---|
1625 | 1719 | | funded workforce training programs. The Chief Workforce Officer shall: 1427 |
---|
1626 | 1720 | | (1) Be the principal advisor for workforce development policy, 1428 |
---|
1627 | 1721 | | strategy and coordination to the Governor; 1429 |
---|
1628 | 1722 | | (2) Be the lead state official for the development of employment and 1430 |
---|
1629 | 1723 | | training strategies and initiatives; 1431 |
---|
1630 | 1724 | | (3) Be the chairperson of the Workforce Cabinet, which shall consist 1432 |
---|
1631 | 1725 | | of agencies involved with employment and training, as designated by 1433 |
---|
1632 | 1726 | | the Governor pursuant to section 31-3m. The Workforce Cabinet shall 1434 |
---|
1633 | 1727 | | meet at the direction of the Governor or the Chief Workforce Officer; 1435 |
---|
1634 | 1728 | | (4) Be the liaison between the Governor, the Governor's Workforce 1436 |
---|
1635 | 1729 | | Council, established pursuant to section 31-3h and any local, regional, 1437 |
---|
1637 | 1737 | | development policy, strategy and coordination, including, but not 1439 |
---|
1638 | 1738 | | limited to, implementation of the Workforce Innovation and 1440 |
---|
1639 | 1739 | | Opportunity Act of 2014, P.L. 113-128, as amended from time to time; 1441 |
---|
1640 | 1740 | | (5) Develop, and update as necessary, a state workforce strategy in 1442 |
---|
1641 | 1741 | | consultation with the Governor's Workforce Council and the Workforce 1443 |
---|
1642 | 1742 | | Cabinet and subject to the approval of the Governor. The Chief 1444 |
---|
1643 | 1743 | | Workforce Officer shall submit, in accordance with the provisions of 1445 |
---|
1644 | 1744 | | section 11-4a, the state workforce strategy to the joint standing 1446 |
---|
1645 | 1745 | | committees of the General Assembly having cognizance of matters 1447 |
---|
1646 | 1746 | | relating to appropriations, commerce, education, higher education and 1448 |
---|
1647 | 1747 | | employment advancement, and labor and public employees at least 1449 |
---|
1648 | 1748 | | thirty days before submitting such state workforce strategy to the 1450 |
---|
1649 | 1749 | | Governor for his or her approval; 1451 |
---|
1650 | 1750 | | (6) Coordinate workforce development activities (A) funded through 1452 |
---|
1651 | 1751 | | state resources, (B) funded through funds received pursuant to the 1453 |
---|
1652 | 1752 | | Workforce Innovation and Opportunity Act of 2014, P.L. 113-128, as 1454 |
---|
1653 | 1753 | | amended from time to time, or (C) administered in collaboration with 1455 |
---|
1659 | 1755 | | of the state workforce strategy approved by the Governor pursuant to 1457 |
---|
1660 | 1756 | | subdivision (5) of this subsection and the workforce development plan 1458 |
---|
1661 | 1757 | | developed by the Governor's Workforce Council pursuant to the 1459 |
---|
1662 | 1758 | | provisions of section 31-11p; 1460 |
---|
1663 | 1759 | | (7) Collaborate with the regional workforce development boards to 1461 |
---|
1664 | 1760 | | adapt the best practices for workforce development established by such 1462 |
---|
1665 | 1761 | | boards for state-wide implementation, if possible; 1463 |
---|
1666 | 1762 | | (8) Coordinate measurement and evaluation of outcomes across 1464 |
---|
1667 | 1763 | | education and workforce development programs, in conjunction with 1465 |
---|
1668 | 1764 | | state agencies, including, but not limited to, the Labor Department, the 1466 |
---|
1669 | 1765 | | Department of Education and the Office of Policy and Management; 1467 |
---|
1670 | 1766 | | (9) Notwithstanding any provision of the general statutes, review any 1468 |
---|
1672 | 1774 | | Innovation and Opportunity Act of 2014, P.L. 113-128, as amended from 1470 |
---|
1673 | 1775 | | time to time, before such plan is submitted to the Governor; 1471 |
---|
1674 | 1776 | | (10) Establish methods and procedures to ensure the maximum 1472 |
---|
1675 | 1777 | | involvement of members of the public, the legislature and local officials 1473 |
---|
1676 | 1778 | | in workforce development policy, strategy and coordination; 1474 |
---|
1677 | 1779 | | (11) In conjunction with one or more state agencies enter into such 1475 |
---|
1678 | 1780 | | contractual agreements, in accordance with established procedures and 1476 |
---|
1679 | 1781 | | the approval of the Secretary of the Office of Policy and Management, 1477 |
---|
1680 | 1782 | | as may be necessary to carry out the provisions of this section. The Chief 1478 |
---|
1681 | 1783 | | Workforce Officer may enter into agreements with other state agencies 1479 |
---|
1682 | 1784 | | for the purpose of performing the duties of the Office of Workforce 1480 |
---|
1683 | 1785 | | Strategy, including, but not limited to, administrative, human resources, 1481 |
---|
1684 | 1786 | | finance and information technology functions; 1482 |
---|
1685 | 1787 | | (12) Market and communicate the state workforce strategy to ensure 1483 |
---|
1686 | 1788 | | maximum engagement with students, trainees, job seekers and 1484 |
---|
1687 | 1789 | | businesses while effectively elevating the state's workforce profile 1485 |
---|
1693 | 1791 | | (13) For the purposes of subsection (a) of section 10-21c identify 1487 |
---|
1694 | 1792 | | subject areas, courses, curriculum, content and programs that may be 1488 |
---|
1695 | 1793 | | offered to students in elementary and high school in order to improve 1489 |
---|
1696 | 1794 | | student outcomes and meet the workforce needs of the state; 1490 |
---|
1697 | 1795 | | (14) Issue guidance to state agencies, the Governor's Workforce 1491 |
---|
1698 | 1796 | | Council and regional workforce development boards in furtherance of 1492 |
---|
1699 | 1797 | | the state workforce strategy and the workforce development plan 1493 |
---|
1700 | 1798 | | developed by the Governor's Workforce Council pursuant to the 1494 |
---|
1701 | 1799 | | provisions of section 31-11p. Such guidance shall be approved by the 1495 |
---|
1702 | 1800 | | Secretary of the Office of Policy and Management, allow for a reasonable 1496 |
---|
1703 | 1801 | | period for implementation and take effect not less than thirty days from 1497 |
---|
1704 | 1802 | | such approval. The Chief Workforce Officer shall consult on the 1498 |
---|
1705 | 1803 | | development and implementation of any guidance with the agency, 1499 |
---|
1707 | 1811 | | (15) Coordinate, in consultation with the Labor Department and 1501 |
---|
1708 | 1812 | | regional workforce development boards to ensure compliance with 1502 |
---|
1709 | 1813 | | state and federal laws for the purpose of furthering the service 1503 |
---|
1710 | 1814 | | capabilities of programs offered pursuant to the Workforce Innovation 1504 |
---|
1711 | 1815 | | and Opportunity Act, P.L. 113-128, as amended from time to time, and 1505 |
---|
1712 | 1816 | | the United States Department of Labor's American Job Center system; 1506 |
---|
1713 | 1817 | | (16) Coordinate, in consultation with the Department of Social 1507 |
---|
1714 | 1818 | | Services, with community action agencies to further the state workforce 1508 |
---|
1715 | 1819 | | strategy; [and] 1509 |
---|
1716 | 1820 | | (17) In consultation with the regional workforce development boards 1510 |
---|
1717 | 1821 | | established under section 31-3k, the Department of Economic and 1511 |
---|
1718 | 1822 | | Community Development and other relevant state agencies, incorporate 1512 |
---|
1719 | 1823 | | training concerning artificial intelligence, as defined in section 23 of this 1513 |
---|
1720 | 1824 | | act, into workforce training programs offered in this state; 1514 |
---|
1721 | 1825 | | (18) In consultation with the Department of Economic and 1515 |
---|
1722 | 1826 | | Community Development, the Connecticut Academy of Science and 1516 |
---|
1723 | 1827 | | Engineering, the Commission for Educational Technology established 1517 |
---|
1729 | 1829 | | defined in section 16-330a, design an outreach program for the purpose 1519 |
---|
1730 | 1830 | | of promoting access to broadband Internet access service, as defined in 1520 |
---|
1731 | 1831 | | section 16-330a and in accordance with the state digital equity plan, in 1521 |
---|
1732 | 1832 | | underserved communities in this state, and identify a nonprofit 1522 |
---|
1733 | 1833 | | organization to implement and lead such outreach program under the 1523 |
---|
1734 | 1834 | | supervision of the Chief Workforce Officer, the Department of 1524 |
---|
1735 | 1835 | | Economic and Community Development, the Connecticut Academy of 1525 |
---|
1736 | 1836 | | Science and Engineering and the Commission for Educational 1526 |
---|
1737 | 1837 | | Technology; and 1527 |
---|
1738 | 1838 | | [(17)] (19) Take any other action necessary to carry out the provisions 1528 |
---|
1739 | 1839 | | of this section. 1529 |
---|
1740 | 1840 | | Sec. 23. (NEW) (Effective July 1, 2024) Not later than July 1, 2025, the 1530 |
---|
1742 | 1848 | | Charter Oak State College and in consultation with the independent 1532 |
---|
1743 | 1849 | | institutions of higher education in this state, a "Connecticut Citizens 1533 |
---|
1744 | 1850 | | Academy" for the purpose of curating and offering online courses 1534 |
---|
1745 | 1851 | | concerning artificial intelligence and the responsible use of artificial 1535 |
---|
1746 | 1852 | | intelligence. The board shall, in consultation with Charter Oak State 1536 |
---|
1747 | 1853 | | College, develop certificates and badges to be awarded to persons who 1537 |
---|
1748 | 1854 | | successfully complete such courses. As used in this section, "artificial 1538 |
---|
1749 | 1855 | | intelligence" means any technology, including, but not limited to, 1539 |
---|
1750 | 1856 | | machine learning, that uses data to train an algorithm or predictive 1540 |
---|
1751 | 1857 | | model for the purpose of enabling a computer system or service to 1541 |
---|
1752 | 1858 | | autonomously perform any task, including, but not limited to, visual 1542 |
---|
1753 | 1859 | | perception, language processing or speech recognition, that is normally 1543 |
---|
1754 | 1860 | | associated with human intelligence or perception. 1544 |
---|
1755 | 1861 | | Sec. 24. (NEW) (Effective July 1, 2024) (a) As used in this section: 1545 |
---|
1756 | 1862 | | (1) "Artificial intelligence" has the same meaning as provided in 1546 |
---|
1757 | 1863 | | section 23 of this act; 1547 |
---|
1758 | 1864 | | (2) "Artificial intelligence system" means any machine-based system 1548 |
---|
1759 | 1865 | | that, for any explicit or implicit objective, infers from the inputs such 1549 |
---|
1765 | 1867 | | content, decisions, predictions or recommendations, that can influence 1551 |
---|
1766 | 1868 | | physical or virtual environments; 1552 |
---|
1767 | 1869 | | (3) "General-purpose artificial intelligence model" (A) means any 1553 |
---|
1768 | 1870 | | form of artificial intelligence system that (i) displays significant 1554 |
---|
1769 | 1871 | | generality, (ii) is capable of competently performing a wide range of 1555 |
---|
1770 | 1872 | | distinct tasks, and (iii) can be integrated into a variety of downstream 1556 |
---|
1771 | 1873 | | applications or systems, and (B) does not include any artificial 1557 |
---|
1772 | 1874 | | intelligence model that is used for development, prototyping and 1558 |
---|
1773 | 1875 | | research activities before such model is released on the market; 1559 |
---|
1774 | 1876 | | (4) "Generative artificial intelligence system" means any artificial 1560 |
---|
1775 | 1877 | | intelligence system, including, but not limited to, a general-purpose 1561 |
---|
1777 | 1885 | | synthetic digital content; 1563 |
---|
1778 | 1886 | | (5) "Prompt engineering" means the process of guiding a generative 1564 |
---|
1779 | 1887 | | artificial intelligence system to generate a desired output; and 1565 |
---|
1780 | 1888 | | (6) "Synthetic digital content" means any digital content, including, 1566 |
---|
1781 | 1889 | | but not limited to, any audio, image, text or video, that is produced or 1567 |
---|
1782 | 1890 | | manipulated by a generative artificial intelligence system. 1568 |
---|
1783 | 1891 | | (b) Not later than July 1, 2025, the Board of Regents for Higher 1569 |
---|
1784 | 1892 | | Education shall establish, on behalf of the regional community-technical 1570 |
---|
1785 | 1893 | | colleges, certificate programs in prompt engineering, artificial 1571 |
---|
1786 | 1894 | | intelligence marketing for small businesses and artificial intelligence for 1572 |
---|
1787 | 1895 | | small business operations. 1573 |
---|
1788 | 1896 | | Sec. 25. (Effective July 1, 2024) Not later than December 31, 2024, the 1574 |
---|
1789 | 1897 | | Department of Economic and Community Development shall: 1575 |
---|
1790 | 1898 | | (1) In collaboration with The University of Connecticut and the 1576 |
---|
1791 | 1899 | | Connecticut State Colleges and Universities, develop a plan to offer 1577 |
---|
1792 | 1900 | | high-performance computing services to businesses and researchers in 1578 |
---|
1793 | 1901 | | this state; 1579 |
---|
1799 | 1903 | | state-wide research collaborative among health care providers to enable 1581 |
---|
1800 | 1904 | | the development of advanced analytics, ethical and trustworthy 1582 |
---|
1801 | 1905 | | artificial intelligence, as defined in section 23 of this act, and hands-on 1583 |
---|
1802 | 1906 | | workforce education while using methods that protect patient privacy; 1584 |
---|
1803 | 1907 | | and 1585 |
---|
1804 | 1908 | | (3) In collaboration with industry and academia, conduct a "CT AI 1586 |
---|
1805 | 1909 | | Symposium" to foster collaboration between academia, government and 1587 |
---|
1806 | 1910 | | industry for the purpose of promoting the establishment and growth of 1588 |
---|
1807 | 1911 | | artificial intelligence businesses in this state. 1589 |
---|
1808 | 1912 | | Sec. 26. (NEW) (Effective from passage) The Department of Economic 1590 |
---|
1810 | 1920 | | establish and administer a competitive grant program to fund pilot 1592 |
---|
1811 | 1921 | | studies conducted for the purpose of using artificial intelligence to 1593 |
---|
1812 | 1922 | | reduce health inequities in this state. No grant awarded pursuant to this 1594 |
---|
1813 | 1923 | | section shall be in an amount that exceeds twenty thousand dollars. As 1595 |
---|
1814 | 1924 | | used in this section, "artificial intelligence" means any technology, 1596 |
---|
1815 | 1925 | | including, but not limited to, machine learning, that uses data to train 1597 |
---|
1816 | 1926 | | an algorithm or predictive model for the purpose of enabling a 1598 |
---|
1817 | 1927 | | computer system or service to autonomously perform any task, 1599 |
---|
1818 | 1928 | | including, but not limited to, visual perception, language processing or 1600 |
---|
1819 | 1929 | | speech recognition, that is normally associated with human intelligence 1601 |
---|
1820 | 1930 | | or perception. 1602 |
---|
1821 | 1931 | | Sec. 27. (NEW) (Effective from passage) The Department of Economic 1603 |
---|
1822 | 1932 | | and Community Development shall, within available appropriations, 1604 |
---|
1823 | 1933 | | establish and administer a competitive grant program to fund pilot 1605 |
---|
1824 | 1934 | | programs established by hospitals, fire departments, schools, nonprofit 1606 |
---|
1825 | 1935 | | providers, the Judicial Department and the Department of Correction 1607 |
---|
1826 | 1936 | | for the purpose of clinically integrating algorithms or utilizing virtual 1608 |
---|
1827 | 1937 | | trainings. No grant awarded pursuant to this section shall be in an 1609 |
---|
1828 | 1938 | | amount that exceeds seventy-five thousand dollars. 1610 |
---|
1829 | 1939 | | Sec. 28. Subsection (a) of section 32-1c of the general statutes is 1611 |
---|
1835 | 1941 | | 2024): 1613 |
---|
1836 | 1942 | | (a) In addition to any other powers, duties and responsibilities 1614 |
---|
1837 | 1943 | | provided for in this chapter, chapter 131, chapter 579 and section 4-8 and 1615 |
---|
1838 | 1944 | | subsection (a) of section 10-409, the commissioner shall have the 1616 |
---|
1839 | 1945 | | following powers, duties and responsibilities: (1) To administer and 1617 |
---|
1840 | 1946 | | direct the operations of the Department of Economic and Community 1618 |
---|
1841 | 1947 | | Development; (2) to report annually to the Governor, as provided in 1619 |
---|
1842 | 1948 | | section 4-60; (3) to conduct and administer the research and planning 1620 |
---|
1843 | 1949 | | functions necessary to carry out the purposes of said chapters and 1621 |
---|
1844 | 1950 | | sections; (4) to encourage and promote the development of industry and 1622 |
---|
1845 | 1951 | | business in the state and to investigate, study and undertake ways and 1623 |
---|
1847 | 1959 | | protection of the legitimate interest and welfare of Connecticut business, 1625 |
---|
1848 | 1960 | | industry and commerce, within and outside the state; (5) to serve, ex 1626 |
---|
1849 | 1961 | | officio as a director on the board of Connecticut Innovations, 1627 |
---|
1850 | 1962 | | Incorporated; (6) to serve as a member of the Committee of Concern for 1628 |
---|
1851 | 1963 | | Connecticut Jobs; (7) to promote and encourage the location and 1629 |
---|
1852 | 1964 | | development of new business in the state as well as the maintenance and 1630 |
---|
1853 | 1965 | | expansion of existing business and for that purpose to cooperate with 1631 |
---|
1854 | 1966 | | state and local agencies and individuals both within and outside the 1632 |
---|
1855 | 1967 | | state; (8) to plan and conduct a program of information and publicity 1633 |
---|
1856 | 1968 | | designed to attract tourists, visitors and other interested persons from 1634 |
---|
1857 | 1969 | | outside the state to this state and also to encourage and coordinate the 1635 |
---|
1858 | 1970 | | efforts of other public and private organizations or groups of citizens to 1636 |
---|
1859 | 1971 | | publicize the facilities and attractions of the state for the same purposes; 1637 |
---|
1860 | 1972 | | (9) to advise and cooperate with municipalities, persons and local 1638 |
---|
1861 | 1973 | | planning agencies within the state for the purpose of promoting 1639 |
---|
1862 | 1974 | | coordination between the state and such municipalities as to plans and 1640 |
---|
1863 | 1975 | | development; (10) by reallocating funding from other agency accounts 1641 |
---|
1864 | 1976 | | or programs, to assign adequate and available staff to provide technical 1642 |
---|
1865 | 1977 | | assistance to businesses in the state in exporting, manufacturing and 1643 |
---|
1866 | 1978 | | cluster-based initiatives and to provide guidance and advice on 1644 |
---|
1867 | 1979 | | regulatory matters; (11) to aid minority businesses in their development; 1645 |
---|
1873 | 1981 | | subject to the provisions of chapter 67, as are necessary to carry out the 1647 |
---|
1874 | 1982 | | purposes of said chapters and sections; (13) to employ other consultants 1648 |
---|
1875 | 1983 | | and assistants on a contract or other basis for rendering financial, 1649 |
---|
1876 | 1984 | | technical or other assistance and advice; (14) to acquire or lease facilities 1650 |
---|
1877 | 1985 | | located outside the state subject to the provisions of section 4b-23; (15) 1651 |
---|
1878 | 1986 | | to advise and inform municipal officials concerning economic 1652 |
---|
1879 | 1987 | | development and collect and disseminate information pertaining 1653 |
---|
1880 | 1988 | | thereto, including information about federal, state and private 1654 |
---|
1881 | 1989 | | assistance programs and services pertaining thereto; (16) to inquire into 1655 |
---|
1882 | 1990 | | the utilization of state government resources and coordinate federal and 1656 |
---|
1883 | 1991 | | state activities for assistance in and solution of problems of economic 1657 |
---|
1884 | 1992 | | development and to inform and advise the Governor about and propose 1658 |
---|
1886 | 2000 | | maintain research and studies relating to industrial and commercial 1660 |
---|
1887 | 2001 | | development; (18) to prepare and review model ordinances and charters 1661 |
---|
1888 | 2002 | | relating to these areas; (19) to maintain an inventory of data and 1662 |
---|
1889 | 2003 | | information and act as a clearinghouse and referral agency for 1663 |
---|
1890 | 2004 | | information on state and federal programs and services relative to the 1664 |
---|
1891 | 2005 | | purpose set forth herein. The inventory shall include information on all 1665 |
---|
1892 | 2006 | | federal programs of financial assistance for defense conversion projects 1666 |
---|
1893 | 2007 | | and other projects consistent with a defense conversion strategy and 1667 |
---|
1894 | 2008 | | shall identify businesses which would be eligible for such assistance and 1668 |
---|
1895 | 2009 | | provide notification to such business of such programs; (20) to conduct, 1669 |
---|
1896 | 2010 | | encourage and maintain research and studies and advise municipal 1670 |
---|
1897 | 2011 | | officials about forms of cooperation between public and private 1671 |
---|
1898 | 2012 | | agencies designed to advance economic development; (21) to promote 1672 |
---|
1899 | 2013 | | and assist the formation of municipal and other agencies appropriate to 1673 |
---|
1900 | 2014 | | the purposes of this chapter; (22) to require notice of the submission of 1674 |
---|
1901 | 2015 | | all applications by municipalities and any agency thereof for federal and 1675 |
---|
1902 | 2016 | | state financial assistance for economic development programs as relate 1676 |
---|
1903 | 2017 | | to the purposes of this chapter; (23) with the approval of the 1677 |
---|
1904 | 2018 | | Commissioner of Administrative Services, to reimburse any employee 1678 |
---|
1905 | 2019 | | of the department, including the commissioner, for reasonable business 1679 |
---|
1906 | 2020 | | expenses, including but not limited to, mileage, travel, lodging, and 1680 |
---|
1912 | 2022 | | necessary or advisable to carry out the purposes of subdivisions (4), (7), 1682 |
---|
1913 | 2023 | | (8) and (11) of this subsection and other provisions of this chapter; (24) 1683 |
---|
1914 | 2024 | | to assist in resolving solid waste management issues; (25) (A) to serve as 1684 |
---|
1915 | 2025 | | an information clearinghouse for various public and private programs 1685 |
---|
1916 | 2026 | | available to assist businesses, and (B) to identify specific micro 1686 |
---|
1917 | 2027 | | businesses, as defined in section 32-344, whose growth and success 1687 |
---|
1918 | 2028 | | could benefit from state or private assistance and contact such small 1688 |
---|
1919 | 2029 | | businesses in order to (i) identify their needs, (ii) provide information 1689 |
---|
1920 | 2030 | | about public and private programs for meeting such needs, including, 1690 |
---|
1921 | 2031 | | but not limited to, technical assistance, job training and financial 1691 |
---|
1922 | 2032 | | assistance, and (iii) arrange for the provision of such assistance to such 1692 |
---|
1923 | 2033 | | businesses; (26) to enhance and promote the digital media and motion 1693 |
---|
1925 | 2041 | | agency accounts or programs, to develop a marketing campaign that 1695 |
---|
1926 | 2042 | | promotes Connecticut as a place of innovation; [and] (28) by reallocating 1696 |
---|
1927 | 2043 | | funding from other agency accounts or programs, to execute the steps 1697 |
---|
1928 | 2044 | | necessary to implement the knowledge corridor agreement with 1698 |
---|
1929 | 2045 | | Massachusetts to promote the biomedical device industry; and (29) to 1699 |
---|
1930 | 2046 | | designate an employee of the Department of Economic and Community 1700 |
---|
1931 | 2047 | | Development to serve as the primary point of contact for economic 1701 |
---|
1932 | 2048 | | development in the field of artificial intelligence, as defined in section 1702 |
---|
1933 | 2049 | | 23 of this act. 1703 |
---|
1934 | 2050 | | Sec. 29. Subsection (a) of section 17b-245g of the general statutes is 1704 |
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1935 | 2051 | | repealed and the following is substituted in lieu thereof (Effective July 1, 1705 |
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1936 | 2052 | | 2024): 1706 |
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1937 | 2053 | | (a) As used in this section: 1707 |
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1938 | 2054 | | (1) "Telehealth" means the mode of delivering health care or other 1708 |
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1939 | 2055 | | health services via information and communication technologies to 1709 |
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1940 | 2056 | | facilitate the diagnosis, consultation and treatment, education, care 1710 |
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1941 | 2057 | | management and self-management of a patient's physical, oral and 1711 |
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1942 | 2058 | | mental health, and includes (A) interaction between the patient at the 1712 |
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1943 | 2059 | | originating site and the telehealth provider at a distant site, and (B) 1713 |
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1949 | 2061 | | remote patient monitoring. "Telehealth" does not include the use of 1715 |
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1950 | 2062 | | facsimile, texting or electronic mail. 1716 |
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1951 | 2063 | | (2) "Connecticut medical assistance program" means the state's 1717 |
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1952 | 2064 | | Medicaid program and the Children's Health Insurance Program under 1718 |
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1953 | 2065 | | Title XXI of the Social Security Act, as amended from time to time. 1719 |
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1954 | 2066 | | (3) "Remote patient monitoring" means the collection and 1720 |
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1955 | 2067 | | interpretation of a patient's physiologic data that is digitally transmitted 1721 |
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1956 | 2068 | | to a telehealth provider, and the treatment management services 1722 |
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1957 | 2069 | | involving the use of such physiologic data by a telehealth provider to 1723 |
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1958 | 2070 | | manage the patient's treatment plan. 1724 |
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1960 | 2078 | | intelligence" means any technology, including, but not limited to, 1726 |
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1961 | 2079 | | machine learning, that uses data to train an algorithm or predictive 1727 |
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1962 | 2080 | | model for the purpose of enabling a computer system or service to 1728 |
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1963 | 2081 | | autonomously perform any task, including, but not limited to, visual 1729 |
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1964 | 2082 | | perception, language processing or speech recognition, that is normally 1730 |
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1965 | 2083 | | associated with human intelligence or perception. 1731 |
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1966 | 2084 | | (b) The Department of Public Health shall conduct a study of, and 1732 |
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1967 | 2085 | | make recommendations regarding the adoption of, governance 1733 |
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1968 | 2086 | | standards concerning the use of artificial intelligence by health care 1734 |
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1969 | 2087 | | providers. Such study shall include, but need not be limited to, an 1735 |
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1970 | 2088 | | assessment of the extent to which health care providers currently use 1736 |
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1971 | 2089 | | artificial intelligence, any means available to increase such use, any risks 1737 |
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1972 | 2090 | | stemming from such use and any means available to monitor the 1738 |
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1973 | 2091 | | outcomes produced by artificial intelligence to ensure that such 1739 |
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1974 | 2092 | | outcomes are having the desired effect on patient outcomes. 1740 |
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1975 | 2093 | | (c) Not later than January 1, 2025, the department shall submit a 1741 |
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1976 | 2094 | | report, in accordance with the provisions of section 11-4a of the general 1742 |
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1977 | 2095 | | statutes, to the joint standing committees of the General Assembly 1743 |
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1978 | 2096 | | having cognizance of matters relating to consumer protection and 1744 |
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1979 | 2097 | | public health. Such report shall contain the results of the study 1745 |
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1985 | 2099 | | this section. 1747 |
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1986 | 2100 | | This act shall take effect as follows and shall amend the following |
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1987 | 2101 | | sections: |
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1988 | 2102 | | |
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1989 | 2103 | | Section 1 October 1, 2024 New section |
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1990 | 2104 | | Sec. 2 October 1, 2024 New section |
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1991 | 2105 | | Sec. 3 October 1, 2024 New section |
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1992 | 2106 | | Sec. 4 October 1, 2024 New section |
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1993 | 2107 | | Sec. 5 October 1, 2024 New section |
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1994 | 2108 | | Sec. 6 October 1, 2024 New section |
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1995 | 2109 | | Sec. 7 October 1, 2024 New section |
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1996 | 2110 | | Sec. 8 October 1, 2024 New section |
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1998 | 2118 | | Sec. 10 October 1, 2024 46a-51 |
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1999 | 2119 | | Sec. 11 October 1, 2024 New section |
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2000 | 2120 | | Sec. 12 October 1, 2024 46a-54 |
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2001 | 2121 | | Sec. 13 October 1, 2024 19a-490s |
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2002 | 2122 | | Sec. 14 October 1, 2024 46a-64b(8) |
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2003 | 2123 | | Sec. 15 October 1, 2024 53a-167c(c) |
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2004 | 2124 | | Sec. 16 from passage New section |
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2005 | 2125 | | Sec. 17 October 1, 2024 New section |
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2006 | 2126 | | Sec. 18 July 1, 2024 9-600 |
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2007 | 2127 | | Sec. 19 July 1, 2024 New section |
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2008 | 2128 | | Sec. 20 from passage New section |
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2009 | 2129 | | Sec. 21 July 1, 2024 4a-2e |
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2010 | 2130 | | Sec. 22 July 1, 2024 4-124w(b) |
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2011 | 2131 | | Sec. 23 July 1, 2024 New section |
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2012 | 2132 | | Sec. 24 July 1, 2024 New section |
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2013 | 2133 | | Sec. 25 July 1, 2024 New section |
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2014 | 2134 | | Sec. 26 from passage New section |
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2015 | 2135 | | Sec. 27 from passage New section |
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2016 | 2136 | | Sec. 28 July 1, 2024 32-1c(a) |
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2017 | 2137 | | Sec. 29 July 1, 2024 17b-245g(a) |
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2018 | 2138 | | Sec. 30 from passage New section |
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2019 | 2139 | | |
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| 2140 | + | Statement of Legislative Commissioners: |
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| 2141 | + | In Section 1(1)(B)(ii), "or" was added before "on behalf of" for clarity; in |
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| 2142 | + | Section 1(3), "or the availability" was changed to "or availability" for |
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| 2143 | + | clarity; in Section 2(b), "also" was added before "makes available" for |
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| 2144 | + | clarity; in Section 2(b)(2)(B)(vi), "a description of" was deleted for |
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| 2145 | + | internal consistency; in Section 3(g), "consumers" was changed to "any |
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| 2146 | + | consumer" for clarity; in Section 4(a)(2)(B)(iii), "what such general- |
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| 2147 | + | purpose artificial intelligence model is designed to optimize for" was |
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| 2148 | + | changed to "that for which such general-purpose artificial intelligence |
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| 2149 | + | model is designed to optimize" for clarity; in Section 5(a), "an artificial |
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| 2150 | + | intelligence system" was changed to "any artificial intelligence system" |
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| 2151 | + | for internal consistency; in Sections 8(a)(1) and 8(a)(3), "ordinances or |
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| 2152 | + | regulations" was changed to "law" for consistency; in Section 8(a)(5), |
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| 2153 | + | "the consumer" was changed to "a consumer" for internal consistency; |
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| 2154 | + | in Sections 9(c) and 9(c)(6), "an alleged violation" was changed to "a |
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| 2155 | + | violation" and "alleged violation" was changed to "violation" for internal |
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| 2156 | + | consistency; in Sections 11(d) and 11(d)(6), "alleged discriminatory |
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| 2157 | + | practice" was changed to "discriminatory practice" and "alleged |
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| 2158 | + | violation" was changed to "violation" for internal consistency; in Section Substitute Bill No. 2 |
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| 2159 | + | |
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| 2160 | + | |
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| 2161 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00002- |
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| 2162 | + | R02-SB.docx } |
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| 2163 | + | 59 of 59 |
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| 2164 | + | |
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| 2165 | + | 11(f)(2), "violations" was changed to "violation and failure" for internal |
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| 2166 | + | consistency; in Section 11(g), "or more" was changed to "and not more" |
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| 2167 | + | for consistency; in Section 19(f)(1), "a" was added before "candidate" for |
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| 2168 | + | clarity; in Section 21(d), "less than annually" was changed to "less |
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| 2169 | + | frequently than annually" for clarity; in Section 22(18), "said section" was |
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| 2170 | + | changed to "section 16-330a" for clarity; in Section 25(2), "the |
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| 2171 | + | Department of Economic and Community Development and" was |
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| 2172 | + | deleted for internal consistency; and in Section 28(a)(25)(A), "and" was |
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| 2173 | + | added before "(B)" for consistency with standard drafting conventions. |
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