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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3828 By: Alonso-Sandoval
AS INTRODUCED
An Act relating to state government; providing
definitions; directing the Office of Management and
Enterprise Services to conduct certain inventory;
providing required information; directing inventory
to be made publicly available; directing certain
ongoing assessments be made of artificial
intelligence systems; dire cting for development of
certain policies and procedures; requiring certain
policies be included; permitting revision of policies
and procedures; requiring policies and procedures be
posted; prohibiting the implementation of artific ial
intelligence without following certain procedures or
determinations; requiring the Administrative Office
of the Courts to conduct certain inventory; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to b e codified
in the Oklahoma Statutes as Section 10101 of Title 74, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Artificial intelligence " means:
a. an artificial system that:
(1) performs tasks under varying and unpredictable
circumstances without significant human oversight
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or can learn from experience and improve such
performance when exposed to data sets ,
(2) is developed in any context, including, but not
limited to, software or physical hardware, and
solves tasks requiring human -like perception,
cognition, planning, learning, communication or
physical action, or
(3) is designed to:
(a) think or act like a human, i ncluding, but
not limited to, a cognitive architecture or
neural network, or
(b) act rationally, including, but not limited
to, an intelligent software agent or
embodied robot that achieves goals using
perception, planning, reasoning, learning,
communication, decision-making or action, or
b. a set of techniques, including, but not limited to,
machine learning, that is designed to approximate a
cognitive task; and
2. "State agency" means each department, b oard, council,
commission, institution , or other agency of the executive branch of
the state government, provided each board, council, commission ,
institution, or other agency included by law within any giv en
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department shall be deemed a divi sion of that department. The term
"state agency" shall include:
a. the offices of the Governor, Lieutenant Governor,
Treasurer, Attorney General, Secr etary of State and
Comptroller, and
b. all operations of an executive branch agency which are
funded by either the General Revenue Fund or a special
fund.
SECTION 2. NEW LAW A new section o f law to be codified
in the Oklahoma Statutes as Se ction 10102 of Title 74, unless there
is created a duplica tion in numbering, reads as follows:
A. Not later than December 31, 2024, and annually thereafter,
the Office of Management and Enterprise Se rvices (OMES) shall
conduct an inventory of all systems that employ artificial
intelligence and are in use by any state a gency that uses OMES's
services. Any agency that does not use OMES's services shall
conduct their own inventory. Each such inventory shall include at a
minimum the following information for each such system:
1. The name of such system and the vendor, if any, that
provided such system;
2. A description of the general capabilities and uses of such
system;
3. Whether such system was used to independently make, inform ,
or materially support a conclusion, decision , or judgment; and
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4. Whether such system underwent an impact assessment prior to
implementation.
B. The Office of Management and Enterprise Services or agencies
that do not use OMES 's services shall make each inventory conducted
pursuant to subsection A of this section publicly available on their
website.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10103 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. Beginning on February 1, 2025, the Office of Management and
Enterprise Services (OMES) or any agency that does not use OMES's
services shall perform ongoing assessments of system s that employ
artificial intelligence and are in us e by state agencies to ensure
that no such system shall result in any unlawful discrimination or
disparate impact described in subsection B of this section.
B. Not later than February 1, 202 5, the Office of Management
and Enterprise Services shall develop and establish policies and
procedures concerning the development, procurement, implementation,
utilization, and ongoing assessment of systems that employ
artificial intelligence and are in use by state ag encies. Such
policies and procedures shall, at a m inimum, include policie s and
procedures that:
1. Govern the procurement, implementation , and ongoing
assessment of such systems by stat e agencies;
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2. Are sufficient to ensure that no such system :
a. results in any unlawful discrimination against any
individual or group of indiv iduals, or
b. has any unlawful disparate impact on any individual or
group of individuals on the basis of any actual or
perceived differentiating characteristic s, including,
but not limited to, age, genetic information, color,
ethnicity, race, creed, religi on, national origin,
ancestry, sex, gender identity or expression, sexual
orientation, marital status, familial status,
pregnancy, veteran status, disability , or lawful
source of income;
3. Require a state agency to assess the lik ely impact of any
such system before implementing such system; and
4. Provide for the Office of Management and Enterprise Services
or any agency that does not use OM ES's services to perform ongoing
assessments of such systems to ensure that no such system results in
any unlawful discrimination or disparate impact described in
paragraph 2 of this subsection.
C. The Office of Management and Enterprise Serv ices may revise
policies and procedures established in this act if such revision is
deemed necessary by the Executive Director.
D. The Office of Management and Enterprise Services shall post
policies and procedures established pursuant to this act and any
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revision made to such policies and procedures pursu ant to subsection
C on the agency's website.
E. Beginning on February 1, 202 5, no state agency shall
implement any system th at employs artificial intelligence:
1. Unless the state agency has performed an impact assessment,
in accordance with the policies and procedures established pursuant
to this act, to ensure that such system will not result in any
unlawful discrimination o r disparate impact described herein; or
2. If the head of such state agency determines , at their
discretion, that such system will result in any unlawful
discrimination or disparate impact described in this act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10104 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. 1. Not later than December 31, 2024, and annually
thereafter, the Administrative Office of the Courts shall conduct an
inventory of the department s' systems that employ artificial
intelligence. Each such inventory shall include at a minimum the
following information for each such system:
a. the name of such system and the vendor, if any, that
provided such system,
b. a description of the general capabilities and us es of
such system,
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c. whether such system was used to inde pendently make,
inform, or materially support a conclusion, decision,
or judgment, and
d. whether such system underwent an impact assessment
prior to implementation .
2. The Administrative Office of the Courts shall make each
inventory conducted pursuant t o this act publicly available on the
Oklahoma Supreme Court's website.
B. 1. Not later than February 1, 2024, The Administrative
Office of the Courts shall develop and establish policies and
procedures concerning the departments' development, procurement,
implementation, utilization , and ongoing assessme nt of systems that
employ artificial intelligence. Such polic ies and procedures shall,
at a minimum, include policies and procedures that :
a. govern the department s' procurement, implementation ,
and ongoing assessment of such systems ,
b. are sufficient to ensure that no such system :
(1) results in any unlawful disc rimination against
any individual or group of individuals, or
(2) has any unlawful dispara te impact on any
individual or group of individuals on the basis
of any actual or perceived differentiatin g
characteristics, including, but not limited to,
age, genetic information, color, ethnicity, race,
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creed, religion, national origin, ancestry, sex,
gender identity or expression, sexual
orientation, marital status, familial status,
pregnancy, veteran stat us, disability, or lawful
source of income,
c. require the department to assess the likely impact of
any such system before implementing such system , and
d. provide for ongoing assessments of such systems to
ensure that no such system results in any unlawf ul
discrimination or disparate impact described in this
act.
2. The Administrative Office of the Courts may revise the
policies and procedures established pursuant to this act if the
Administrative Director of the Courts determines, in said Director's
discretion, that such revision is necessary.
3. The Administrative Office of the Courts shall post the
policies and procedures established pursuant to this act and any
revisions made to such policies and procedures pursuant to paragraph
2 of this subsection on the Oklahoma Supreme Court 's website.
C. Beginning on February 1, 2025, the Administrative Office of
the Courts shall:
1. Not implement any system that employs artificial
intelligence:
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a. unless the department has performed an im pact
assessment, in accordance with the policies and
procedures established pursuant to this act, to ensure
that such system will not result in any unlawful
discrimination or disparate impact, or
b. if the Administrative Director of the Courts
determines, in said Director's discretion, that such
system will result in any unlawful discr imination or
disparate impact; and
2. Perform ongoing assessments of the department s' systems that
employ artificial intelligence to ensure that no such system shall
result in any unlawful discrim ination or disparate impact .
SECTION 5. This act shall become effective November 1, 2024.
59-2-9310 MJ 01/16/24