Georgia 2023-2024 Regular Session

Georgia House Bill HB988 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 LC 56 0198S
2		-	The Senate Committee on Science and Technology offered the following
3		-	substitute to HB 988:
	1	+	24 LC 56 0086S
	2	+	House Bill 988 (COMMITTEE SUBSTITUTE)
	3	+	By: Representatives Thomas of the 21
	4	+	st
	5	+	, Jones of the 25
	6	+	th
	7	+	, Jasperse of the 11
	8	+	th
	9	+	, Camp of the
	10	+	135
	11	+	th
	12	+	, Gunter of the 8
	13	+	th
	14	+	, and others
4	15		A BILL TO BE ENTITLED
5	16		AN ACT
6		-	To amend Chapter 1 of Title 6, Chapter 80 of Title 36, Article 2A of Chapter 3 of Title 38,1
7		-	and Title 50 of the Official Code of Georgia Annotated, relating to general provisions2
8		-	relative to aviation; provisions applicable to counties, municipalities, corporations, and other3
9		-	governmental entities; the Board of Homeland Security; and state government, respectively,4
10		-	so as to provide for the development of a list of approved unmanned aircraft systems by the5
11		-	Board of Homeland Security; to provide for standards for the development of such list; to6
12		-	prohibit the operation of unmanned aircraft systems in this state other than those upon such7
13		-	approved list; to prohibit the purchase or expenditure of public funds for the contractual use8
14		-	of unmanned aircraft systems not on such approved list by state agencies or local9
15		-	governments; to exempt records relating to the development of an approved unmanned10
16		-	aircraft system list from the Open Records Act; to provide for an annual inventory of11
17		-	artificial intelligence usage by state agencies; to provide for annual reports of such; to12
18		-	provide for the authority to develop and establish certain policies; to provide for related13
19		-	matters; to repeal conflicting laws; and for other purposes.14
20		-	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
21		-	- 1 - 24 LC 56 0198S
22		-	SECTION 1.16
23		-	Chapter 1 of Title 6 of the Official Code of Georgia Annotated, relating to general provisions17
24		-	relative to aviation, is amended by revising Code Section 6-1-4, relating to unmanned aircraft18
25		-	system defined, preemption for unmanned aircraft systems, and operations, as follows:19
26		-	"6-1-4.20
27		-	(a)(1) As used in this Code section, the term:21
28		-	(1) 'Approved unmanned aircraft system' means an unmanned aircraft system approved22
29		-	by the Board of Homeland Security pursuant to Code Section 38-3-43.23
30		-	(2) 'Unmanned 'unmanned aircraft system' means a powered, aerial vehicle that is not a24
31		-	satellite and that:25
32		-	(A) Does not carry a human operator and is operated without the possibility of direct26
33		-	human intervention from within or on the aircraft;27
34		-	(B) Uses aerodynamic forces to provide vehicle lift;28
35		-	(C) Can fly autonomously or be piloted remotely; and29
36		-	(D) Can be expendable or recoverable.30
37		-	(2) Such term shall not include a satellite.31
38		-	(b) Any ordinance, resolution, regulation, or policy of any county, municipality, or other32
39		-	political subdivision of this state regulating the testing or operation of unmanned aircraft33
40		-	systems shall be deemed preempted and shall be null, void, and of no force and effect;34
41		-	provided, however, that a county, municipality, or other political subdivision of this state35
42		-	may:36
43		-	(1) Enforce any ordinance that was adopted on or before April 1, 2017;37
44		-	(2) Adopt an ordinance that enforces Federal Aviation Administration restrictions; or38
45		-	(3) Adopt an ordinance that provides for or prohibits the launch or intentional landing39
46		-	of an unmanned aircraft system from or on its public property except with respect to the40
47		-	operation of an approved unmanned aircraft system for commercial purposes; or41
48		-	- 2 - 24 LC 56 0198S
49		-	(4) Adopt an ordinance that provides for the launch or intentional landing of an approved42
50		-	unmanned aircraft system from or on its public property.43
51		-	(c) The state, through agency or departmental rules and regulations, may provide for or44
52		-	prohibit the launch or intentional landing of an unmanned aircraft system from or on its45
53		-	public property. The state, through agency or departmental rules and regulations, may46
54		-	provide for the launch or intentional landing of an approved unmanned aircraft system from47
55		-	or on its public property."48
56		-	SECTION 2.49
57		-	Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to provisions50
58		-	applicable to counties, municipalities, corporations, and other governmental entities, is51
59		-	amended by adding a new Code section to read as follows:52
60		-	"36-80-32.53
61		-	(a) As used in this Code section, the term:54
62		-	(1) 'Approved unmanned aircraft system' means an unmanned aircraft system approved55
63		-	by the Board of Homeland Security pursuant to Code Section 38-3-43.56
64		-	(2) 'Unmanned aircraft system' shall have the same meaning as set forth in Code57
65		-	Section 6-1-4.58
66		-	(b) No county, municipality, school district, local authority, local governmental unit, or59
67		-	other political subdivision of this state shall purchase or expend public funds for the60
68		-	contractual use of an unmanned aircraft system that is not an approved unmanned aircraft61
69		-	system."62
70		-	SECTION 3.63
71		-	Article 2A of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the64
72		-	Board of Homeland Security, is amended by adding a new Code section to read as follows:65
73		-	- 3 - 24 LC 56 0198S
74		-	"38-3-43.66
75		-	(a) As used in this Code section, the term 'unmanned aircraft system' shall have the same67
76		-	meaning as provided for in Code Section 6-1-4.68
77		-	(b) No later than December 1, 2024, the board shall develop a list of unmanned aircraft69
78		-	systems approved for use within this state. Such list shall be developed in coordination70
79		-	with the Department of Administrative Services and shall include unmanned aircraft71
80		-	systems determined by the board to be compliant with Federal Aviation Administration72
81		-	standards and to present no threat to the security of this state. Such list shall be published73
82		-	upon the Georgia Emergency Management and Homeland Security Agency website.74
83		-	(c) The board shall review and update the list compiled pursuant to subsection (b) of this75
84		-	Code section every six months. Any records of the board relative to the development of76
85		-	the list compiled pursuant to subsection (b) of this Code section shall be exempt from77
86		-	Article 4 of Chapter 18 of Title 50, relating to open records."78
87		-	SECTION 4.79
88		-	Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended80
89		-	by adding a new Code section to read as follows:81
90		-	"50-5-86.82
91		-	(a) As used in this Code section, the term:83
92		-	(1) 'Approved unmanned aircraft system' means an unmanned aircraft system approved84
93		-	by the Board of Homeland Security pursuant to Code Section 38-3-43.85
94		-	(2) 'State agency' means any authority, board, department, instrumentality, institution,86
95		-	agency, or other unit of state government.87
96		-	(3) 'Unmanned aircraft system' shall have the same meaning as set forth in Code88
97		-	Section 6-1-4.89
98		-	(b) No state agency shall purchase or expend public funds for the contractual use of an90
99		-	unmanned aircraft system that is not an approved unmanned aircraft system."91
100		-	- 4 - 24 LC 56 0198S
101		-	SECTION 5.92
102		-	Said title is further amended by revising Code Section 50-25-7.9, which is reserved, as93
103		-	follows:94
104		-	"50-25-7.9.95
105		-	(a) As used in this Code section, the term 'artificial intelligence' means a machine based96
106		-	system that can, for a given set of human defined objectives, make predictions,97
107		-	recommendations, or decisions influencing real or virtual environments. Artificial98
108		-	intelligence systems use machine based and human based inputs to perceive real and virtual99
109		-	environments, abstract such perceptions into models through analysis in an automated100
110		-	manner, and use model inference to formulate options for information or action.101
111		-	(b) The authority shall:102
112		-	(1) Not later than December 31, 2024, and annually thereafter, conduct an inventory of103
113		-	all systems that employ artificial intelligence and are in use by any agency. Each104
114		-	inventory shall include, but not be limited to, the following information for each such105
115		-	system:106
116		-	(A) The name of the system and the vendor, if any, that provided such system;107
117		-	(B) A description of the general capabilities and uses of such system;108
118		-	(C) Whether such system was used to independently make, inform, or materially109
119		-	support a conclusion, decision, or judgment; and110
120		-	(D) Whether such system underwent an impact assessment prior to implementation;111
121		-	and112
122		-	(2) Not later than December 31, 2025, develop and establish policies and procedures113
123		-	concerning the development, procurement, implementation, utilization, and ongoing114
124		-	assessment of systems that employ artificial intelligence and are in use by agencies. Such115
125		-	policies and procedures shall, at a minimum:116
126		-	(A) Govern the procurement, implementation, and ongoing assessment of such systems117
127		-	by agencies; and118
128		-	- 5 - 24 LC 56 0198S
129		-	(B) Ensure that no such system results in any unlawful discrimination against any119
130		-	individual or group of individuals.120
131		-	(c) The Georgia Technology Authority shall prepare an annual report on the inventory of121
132		-	artificial intelligence in use by agencies, as provided for in paragraph (1) of subsection (b)122
133		-	of this Code section. Such report shall be provided to the Governor, Lieutenant Governor,123
134		-	and members of the House of Representatives and Senate; provided, however, that the124
135		-	authority shall not be required to distribute copies of the report but shall notify the125
136		-	recipients of the availability of such report in the manner deemed by the authority to be126
137		-	most effective and efficient.127
138		-	(d) All state agencies shall cooperate with the authority in the administration of this Code128
139		-	section. Reserved."129
140		-	SECTION 6.130
141		-	All laws and parts of laws in conflict with this Act are repealed.131
142		-	- 6 -
	17	+	To amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the
	18	+	1
	19	+	Georgia Technology Authority, so as to provide for an annual inventory of artificial2
	20	+	intelligence usage by state agencies; to provide for annual reports of such; to provide for the3
	21	+	authority to develop and establish certain policies; to provide for related matters; to repeal4
	22	+	conflicting laws; and for other purposes.5
	23	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
	24	+	SECTION 1.7
	25	+	Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia8
	26	+	Technology Authority, is amended by revising Code Section 50-25-7.9, which is reserved,9
	27	+	as follows:10
	28	+	"50-25-7.9.11
	29	+	(a) As used in this Code section, the term 'artificial intelligence' means a machine based
	30	+	12
	31	+	system that can, for a given set of human defined objectives, make predictions,13
	32	+	recommendations, or decisions influencing real or virtual environments. Artificial14
	33	+	intelligence systems use machine based and human based inputs to perceive real and virtual15
	34	+	H. B. 988 (SUB)
	35	+	- 1 - 24 LC 56 0086S
	36	+	environments, abstract such perceptions into models through analysis in an automated16
	37	+	manner, and use model inference to formulate options for information or action.17
	38	+	(b) The authority shall:18
	39	+	(1) Not later than December 31, 2024, and annually thereafter, conduct an inventory of19
	40	+	all systems that employ artificial intelligence and are in use by any agency. Each20
	41	+	inventory shall include, but not be limited to, the following information for each such21
	42	+	system:22
	43	+	(A) The name of the system and the vendor, if any, that provided such system;23
	44	+	(B) A description of the general capabilities and uses of such system;24
	45	+	(C) Whether such system was used to independently make, inform, or materially25
	46	+	support a conclusion, decision, or judgment; and26
	47	+	(D) Whether such system underwent an impact assessment prior to implementation;27
	48	+	and28
	49	+	(2) Not later than December 31, 2025, develop and establish policies and procedures29
	50	+	concerning the development, procurement, implementation, utilization, and ongoing30
	51	+	assessment of systems that employ artificial intelligence and are in use by agencies. Such31
	52	+	policies and procedures shall, at a minimum:32
	53	+	(A) Govern the procurement, implementation, and ongoing assessment of such systems33
	54	+	by agencies; and34
	55	+	(B) Ensure that no such system results in any unlawful discrimination against any35
	56	+	individual or group of individuals.36
	57	+	(c) The Georgia Technology Authority shall prepare an annual report on the inventory of37
	58	+	artificial intelligence in use by agencies, as provided for in paragraph (1) of subsection (b)38
	59	+	of this Code section. Such report shall be provided to the Governor, Lieutenant Governor,39
	60	+	and members of the House of Representatives and Senate; provided, however, that the40
	61	+	authority shall not be required to distribute copies of the report but shall notify the41
	62	+	H. B. 988 (SUB)
	63	+	- 2 - 24 LC 56 0086S
	64	+	recipients of the availability of such report in the manner deemed by the authority to be42
	65	+	most effective and efficient.43
	66	+	(d) All state agencies shall cooperate with the authority in the administration of this Code44
	67	+	section. Reserved."45
	68	+	SECTION 2.46
	69	+	All laws and parts of laws in conflict with this Act are repealed.47
	70	+	H. B. 988 (SUB)
	71	+	- 3 -