| 1 | 1 | | 25 LC 56 0303 |
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| 2 | 2 | | House Bill 715 |
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| 3 | 3 | | By: Representatives Berry of the 56 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Kendrick of the 95 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Clark of the 108 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Evans of the |
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| 10 | 10 | | 57 |
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| 11 | 11 | | th |
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| 12 | 12 | | , and Holcomb of the 101 |
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| 13 | 13 | | st |
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| 14 | 14 | | |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, |
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| 18 | 18 | | 1 |
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| 19 | 19 | | relating to fair housing, so as to provide for artificial intelligence or automated decision tools2 |
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| 20 | 20 | | in actions for discriminatory housing practices; to prohibit the use of certain defenses in3 |
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| 21 | 21 | | actions for discriminatory housing practices; to prohibit the use of artificial intelligence or4 |
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| 22 | 22 | | automated decision tools without human oversight in making certain housing determinations;5 |
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| 23 | 23 | | to prohibit making certain housing determinations using artificial intelligence or automated6 |
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| 24 | 24 | | decision tools without certain disclosures; to provide for enforcement by Attorney General;7 |
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| 25 | 25 | | to provide for fines; to provide for a short title; to provide for definitions; to provide for8 |
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| 26 | 26 | | related matters; to repeal conflicting laws; and for other purposes.9 |
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| 27 | 27 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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| 28 | 28 | | SECTION 1.11 |
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| 29 | 29 | | This Act shall be known and may be cited as the "Fair and Future Ready Housing Act."12 |
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| 30 | 30 | | SECTION 2.13 |
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| 31 | 31 | | Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair14 |
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| 32 | 32 | | housing, is amended by adding a new Code section to read as follows:15 |
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| 33 | 33 | | H. B. 715 |
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| 34 | 34 | | - 1 - 25 LC 56 0303 |
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| 35 | 35 | | "8-3-224.16 |
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| 36 | 36 | | (a) As used in this Code section:17 |
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| 37 | 37 | | (1) 'Artificial intelligence' means a machine based system that can, for a given set of18 |
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| 38 | 38 | | human defined objectives, make predictions, recommendations, or decisions influencing19 |
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| 39 | 39 | | a real or virtual environment.20 |
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| 40 | 40 | | (2) 'Automated decision tool' means a system or service that uses artificial intelligence21 |
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| 41 | 41 | | and has been specifically developed and marketed or specifically modified to make, or22 |
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| 42 | 42 | | to be a controlling factor in making, consequential decisions.23 |
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| 43 | 43 | | (3) 'Judicatory' means any court, official, board, tribunal, commission, municipal or24 |
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| 44 | 44 | | county authority, council, or similar body exercising judicial or quasi-judicial powers25 |
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| 45 | 45 | | authorized by law, as well as any arbitrator, administrative law judge, mediator, or similar26 |
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| 46 | 46 | | adjudicator authorized by law to act on behalf or at the request of any public official or27 |
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| 47 | 47 | | body.28 |
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| 48 | 48 | | (b) Any prohibition in this article against any discriminatory housing practice shall include29 |
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| 49 | 49 | | a prohibition against such discriminatory housing practice resulting from the use of or30 |
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| 50 | 50 | | reliance upon artificial intelligence or automated decision tools.31 |
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| 51 | 51 | | (c) In any action or proceeding before any judicatory stemming from a prohibition on32 |
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| 52 | 52 | | discriminatory housing practices, reliance upon artificial intelligence or automated decision33 |
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| 53 | 53 | | tools shall not be a defense to an allegation of discrimination.34 |
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| 54 | 54 | | (d) No person shall use artificial intelligence or automated decision tools to make35 |
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| 55 | 55 | | determinations relating to the sale, rental, or financing of dwellings or in the provision of36 |
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| 56 | 56 | | brokerage services or facilities in connection with the sale or rental of a dwelling, without37 |
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| 57 | 57 | | the participation or review of such determinations by an individual responsible for making38 |
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| 58 | 58 | | such determination.39 |
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| 59 | 59 | | (e) No person shall use artificial intelligence or automated decision tools to make40 |
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| 60 | 60 | | determinations relating to the sale, rental, or financing of dwellings or in the provision of41 |
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| 61 | 61 | | H. B. 715 |
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| 62 | 62 | | - 2 - 25 LC 56 0303 |
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| 63 | 63 | | brokerage services or facilities in connection with the sale or rental of a dwelling, without42 |
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| 64 | 64 | | disclosing to any affected individuals that such tools were used.43 |
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| 65 | 65 | | (f)(1) If the Attorney General determines, after notice and hearing, that a person has44 |
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| 66 | 66 | | violated either subsection (c) or (d) of this Code section, the Attorney General may issue45 |
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| 67 | 67 | | an administrative order imposing a penalty of not more than $10,000.00.46 |
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| 68 | 68 | | (2) The hearing and any administrative review pursuant to this subsection shall be47 |
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| 69 | 69 | | conducted in accordance with the procedure for contested cases under Chapter 13 of Title48 |
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| 70 | 70 | | 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all49 |
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| 71 | 71 | | administrative remedies available and who is aggrieved or adversely affected by a final50 |
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| 72 | 72 | | order or action of the Attorney General shall have the right of judicial review in51 |
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| 73 | 73 | | accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"52 |
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| 74 | 74 | | SECTION 3.53 |
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| 75 | 75 | | All laws and parts of laws in conflict with this Act are repealed.54 |
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| 76 | 76 | | H. B. 715 |
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| 77 | 77 | | - 3 - |
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