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ENGROSSED HOUSE
BILL NO. 3828 By: Alonso-Sandoval, Pae, and
Provenzano of the House
and
Rader of the Senate
[ state government – definitions - Office of
Management and Enterprise Services – inventory –
information - ongoing assessments - artificial
intelligence systems - policies and procedures -
Administrative Office of the Courts – codification
- 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, Secretary 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 asses sment prior to
implementation.
B. The Office of Management and Enterprise Serv ices 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, implement ation,
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 policies 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 individuals, or
b. has any unlawful disparate impact on any individual or
group of individuals on the basis of any actual or
perceived differentiating characteristics, including,
but not limited to, age, genetic information, color,
ethnicity, race, creed, religion, 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, 2025, no state agency shall
implement any system th at employs artificial intelligence:
1. Unless the state agency has performed an impact assess ment,
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 his or her
discretion, that such system will result in any unlawful
discrimination or disparate impact described in this act.
SECTION 4. This act shall become effective November 1, 2024.
Passed the House of Representatives the 13th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate