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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5123 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000104 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- ARTIFICIAL INTELLIGENCE |
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| 16 | 16 | | ACCOUNTABILITY ACT |
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| 17 | 17 | | Introduced By: Representatives J. Lombardi, Hull, Ajello, Potter, Stewart, and Felix |
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| 18 | 18 | | Date Introduced: January 22, 2025 |
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| 19 | 19 | | Referred To: House Innovation, Internet, & Technology |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND 1 |
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| 24 | 24 | | GOVERNMENT" is hereby amended by adding thereto the following chapter: 2 |
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| 25 | 25 | | CHAPTER 167 3 |
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| 26 | 26 | | ARTIFICIAL INTELLIGENCE ACCOUNTABILITY ACT 4 |
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| 27 | 27 | | 42-167-1. Short title. 5 |
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| 28 | 28 | | This chapter shall be known and may be cited as the "Artificial Intelligence Accountability 6 |
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| 29 | 29 | | Act." 7 |
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| 30 | 30 | | 42-167-2. Definitions. 8 |
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| 31 | 31 | | As used in this chapter: 9 |
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| 32 | 32 | | (1) "Artificial intelligence" means: 10 |
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| 33 | 33 | | (i) An artificial system that: 11 |
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| 34 | 34 | | (A) Performs tasks under varying and unpredictable circumstances without significant 12 |
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| 35 | 35 | | human oversight or can learn from experience and improve such performance when exposed to 13 |
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| 36 | 36 | | data sets; 14 |
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| 37 | 37 | | (B) Is developed in any context, including, but not limited to, software or physical 15 |
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| 38 | 38 | | hardware, and solves tasks requiring human-like perception, cognition, planning, learning, 16 |
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| 39 | 39 | | communication or physical action; or 17 |
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| 40 | 40 | | (C) Is designed to: 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000104 - Page 2 of 7 |
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| 44 | 44 | | (I) Think or act like a human, including, but not limited to, a cognitive architecture or 1 |
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| 45 | 45 | | neural network; or 2 |
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| 46 | 46 | | (II) Act rationally, including, but not limited to, an intelligent software agent or embodied 3 |
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| 47 | 47 | | robot that achieves goals using perception, planning, reasoning, learning, communication, decision-4 |
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| 48 | 48 | | making or action; or 5 |
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| 49 | 49 | | (ii) A set of techniques, including, but not limited to, machine learning, that is designed to 6 |
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| 50 | 50 | | approximate a cognitive task. 7 |
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| 51 | 51 | | (2) "State agency" means any office, department, board, commission, bureau, division, 8 |
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| 52 | 52 | | authority, or public corporation, agency or instrumentality of the state, including all branches of 9 |
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| 53 | 53 | | the judiciary. 10 |
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| 54 | 54 | | 42-167-3. Artificial intelligence inventory. 11 |
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| 55 | 55 | | (a)(1) Not later than December 31, 2026, and annually thereafter, the department of 12 |
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| 56 | 56 | | administration shall conduct an inventory of all systems that employ artificial intelligence and are 13 |
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| 57 | 57 | | in use by any state agency. Each such inventory shall include at least the following information for 14 |
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| 58 | 58 | | each such system: 15 |
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| 59 | 59 | | (i) The name of such system and the vendor, if any, that provided such system; 16 |
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| 60 | 60 | | (ii) A description of the general capabilities and uses of such system; 17 |
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| 61 | 61 | | (iii) Whether such system was used to independently make, inform or materially support a 18 |
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| 62 | 62 | | conclusion, decision or judgment; and 19 |
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| 63 | 63 | | (iv) Whether such system underwent an impact assessment prior to implementation. 20 |
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| 64 | 64 | | (2) The department of administration shall make each inventory conducted pursuant to this 21 |
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| 65 | 65 | | section publicly available on the state's open data portal. 22 |
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| 66 | 66 | | (b) Beginning on February 1, 2027, the department of administration shall perform ongoing 23 |
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| 67 | 67 | | assessments of systems that employ artificial intelligence and are in use by state agencies to ensure 24 |
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| 68 | 68 | | that no such system shall result in any unlawful discrimination or disparate impact described in § 25 |
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| 69 | 69 | | 42-167-4(a)(1)(ii). The department shall perform such assessment in accordance with the policies 26 |
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| 70 | 70 | | and procedures established by § 42-167-4. 27 |
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| 71 | 71 | | 42-167-4. Policies and procedures. 28 |
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| 72 | 72 | | (a)(1) Not later than February 1, 2027, the department of administration shall develop and 29 |
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| 73 | 73 | | establish policies and procedures concerning the development, procurement, implementation, 30 |
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| 74 | 74 | | utilization and ongoing assessment of systems that employ artificial intelligence and are in use by 31 |
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| 75 | 75 | | state agencies. Such policies and procedures shall, at a minimum, include policies and procedures 32 |
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| 76 | 76 | | that: 33 |
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| 77 | 77 | | (i) Govern the procurement, implementation and ongoing assessment of such systems by 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC000104 - Page 3 of 7 |
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| 81 | 81 | | state agencies; 1 |
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| 82 | 82 | | (ii) Are sufficient to ensure that no such system: 2 |
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| 83 | 83 | | (A) Results in any unlawful discrimination against any individual or group of individuals; 3 |
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| 84 | 84 | | or 4 |
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| 85 | 85 | | (B) Has any unlawful disparate impact on any individual or group of individuals on the 5 |
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| 86 | 86 | | basis of any actual or perceived differentiating characteristic, including, but not limited to, age, 6 |
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| 87 | 87 | | genetic information, color, ethnicity, race, creed, religion, national origin, ancestry, sex, gender 7 |
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| 88 | 88 | | identity or expression, sexual orientation, marital status, familial status, pregnancy, veteran status, 8 |
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| 89 | 89 | | disability or lawful source of income; 9 |
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| 90 | 90 | | (iii) Require a state agency to assess the likely impact of any such system before 10 |
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| 91 | 91 | | implementing such system; and 11 |
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| 92 | 92 | | (iv) Provide for the department of administration to perform ongoing assessments of such 12 |
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| 93 | 93 | | systems to ensure that no such system results in any unlawful discrimination or disparate impact 13 |
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| 94 | 94 | | described in subsection (a)(1)(ii) of this section. 14 |
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| 95 | 95 | | (2) The department of administration may revise the policies and procedures established 15 |
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| 96 | 96 | | pursuant to subsection (a)(1) of this section if the director of the department of administration 16 |
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| 97 | 97 | | determines, in the director's discretion, that such revision is necessary. 17 |
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| 98 | 98 | | (3) The department of administration shall post the policies and procedures established 18 |
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| 99 | 99 | | pursuant to subsection (a)(1) of this section, and any revision(s) made to such policies and 19 |
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| 100 | 100 | | procedures pursuant to subsection (a)(2) of this subsection, on the department's Internet website. 20 |
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| 101 | 101 | | (b) Beginning on February 1, 2027, no state agency shall implement any system that 21 |
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| 102 | 102 | | employs artificial intelligence: 22 |
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| 103 | 103 | | (1) Unless the state agency has performed an impact assessment, in accordance with the 23 |
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| 104 | 104 | | policies and procedures established pursuant to subsection (a) of this section, to ensure that such 24 |
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| 105 | 105 | | system will not result in any unlawful discrimination or disparate impact described in subsection 25 |
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| 106 | 106 | | (a)(1)(ii) of this section; or 26 |
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| 107 | 107 | | (2) If the head of such state agency determines, in the agency head's discretion, that such 27 |
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| 108 | 108 | | system will result in any unlawful discrimination or disparate impact described in subsection 28 |
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| 109 | 109 | | (a)(1)(ii) of this section. 29 |
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| 110 | 110 | | 42-167-5. Rhode Island artificial intelligence commission. 30 |
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| 111 | 111 | | (a) There is hereby established within the department of administration a permanent 31 |
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| 112 | 112 | | artificial intelligence commission (the "commission") to monitor the use of artificial intelligence in 32 |
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| 113 | 113 | | state government, for the purpose of continuously studying, monitoring, and making 33 |
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| 114 | 114 | | recommendations relative to the use by the state of artificial intelligence systems that may affect 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC000104 - Page 4 of 7 |
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| 118 | 118 | | human welfare, including, but not limited to, the legal rights and privileges of individuals. 1 |
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| 119 | 119 | | (b) In carrying out its work, the commission shall examine the following on an ongoing 2 |
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| 120 | 120 | | basis: 3 |
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| 121 | 121 | | (1) A complete and specific survey of all uses of artificial intelligence systems by the State 4 |
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| 122 | 122 | | of Rhode Island and the purposes for which such systems are used; 5 |
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| 123 | 123 | | (2) The principles, policies, and guidelines adopted by specific Rhode Island offices to 6 |
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| 124 | 124 | | inform the procurement, evaluation, and use of artificial intelligence systems, the procedures by 7 |
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| 125 | 125 | | which such principles, policies, and guidelines are adopted, and any gaps in such principles, 8 |
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| 126 | 126 | | policies, and guidelines; 9 |
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| 127 | 127 | | (3) The training specific Rhode Island offices provide to individuals using artificial 10 |
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| 128 | 128 | | intelligence systems, the procedures for enforcing the principles, policies, and guidelines regarding 11 |
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| 129 | 129 | | their use, and any gaps in training or enforcement; 12 |
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| 130 | 130 | | (4) The manner by which Rhode Island offices validate and test the artificial intelligence 13 |
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| 131 | 131 | | systems they use, and the manner by which they evaluate those systems on an ongoing basis, 14 |
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| 132 | 132 | | specifying the training data, input data, systems analysis, studies, vendor or community 15 |
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| 133 | 133 | | engagement, third parties, or other methods used in such validation, testing, and evaluation; 16 |
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| 134 | 134 | | (5) Matters related to the transparency, explicability, auditability, and accountability of 17 |
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| 135 | 135 | | artificial intelligence systems, including information about their structure; the processes guiding 18 |
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| 136 | 136 | | their procurement, implementation and review; whether they can be audited externally and 19 |
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| 137 | 137 | | independently; and the people who operate such systems and the training they receive; 20 |
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| 138 | 138 | | (6) The manner and extent to which Rhode Island offices make the artificial intelligence 21 |
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| 139 | 139 | | systems they use available to external review, and any existing policies, laws, procedures, or 22 |
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| 140 | 140 | | guidelines that may limit external access to data or technical information that is necessary for audits, 23 |
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| 141 | 141 | | evaluation, or validation of such systems; 24 |
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| 142 | 142 | | (7) The due process rights of individuals directly affected by artificial intelligence systems, 25 |
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| 143 | 143 | | and the public disclosure and transparency procedures necessary to ensure such individuals are 26 |
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| 144 | 144 | | aware of the use of the systems and understand their related due process rights; 27 |
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| 145 | 145 | | (8) Uses of artificial intelligence systems that directly or indirectly result in disparate 28 |
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| 146 | 146 | | outcomes for individuals or communities based on age, race, creed, color, religion, national origin, 29 |
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| 147 | 147 | | gender, disability, sexual orientation, marital status, veteran status, receipt of public assistance, 30 |
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| 148 | 148 | | economic status, location of residence, or citizenship status; 31 |
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| 149 | 149 | | (9) Technical, legal, or policy controls to improve the just and equitable use of artificial 32 |
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| 150 | 150 | | intelligence systems and mitigate any disparate impacts deriving from their use, including best 33 |
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| 151 | 151 | | practices and policies developed through research and academia or in other states and jurisdictions; 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC000104 - Page 5 of 7 |
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| 155 | 155 | | (10) Matters related to data sources, data sharing agreements, data security provisions, 1 |
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| 156 | 156 | | compliance with data protection laws and regulations, and all other issues related to how data is 2 |
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| 157 | 157 | | protected, used, and shared by agencies using artificial intelligence systems; 3 |
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| 158 | 158 | | (11) Matters related to artificial intelligence systems and intellectual property, such as the 4 |
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| 159 | 159 | | existence of non-disclosure agreements, trade secrets claims, and other proprietary interests, and 5 |
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| 160 | 160 | | the impacts of intellectual property considerations on transparency, explicability, auditability, 6 |
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| 161 | 161 | | accountability, and due process; and 7 |
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| 162 | 162 | | (12) Any other opportunities and risks associated with the use of artificial intelligence 8 |
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| 163 | 163 | | systems by Rhode Island offices. 9 |
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| 164 | 164 | | 42-167-6. Composition of commission. 10 |
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| 165 | 165 | | (a) The commission shall have thirteen (13) members consisting of the secretary of 11 |
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| 166 | 166 | | commerce, or designee; the director of the department of administration, or designee, who shall be 12 |
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| 167 | 167 | | the chairperson of the commission; the director of the department of business regulation, or 13 |
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| 168 | 168 | | designee; the chief justice of the state supreme court, or designee; the attorney general, or designee; 14 |
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| 169 | 169 | | the director of the department of children, youth, and families, or designee; the secretary of the 15 |
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| 170 | 170 | | executive office of health and human services, or designee; the Rhode Island public defender, or 16 |
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| 171 | 171 | | designee; the president of the Rhode Island Bar Association, or designee; and four (4) 17 |
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| 172 | 172 | | representatives from academic institutions in the state who shall be experts in: 18 |
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| 173 | 173 | | (1) Artificial intelligence and machine learning; 19 |
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| 174 | 174 | | (2) Data science and information policy; 20 |
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| 175 | 175 | | (3) Social implications of artificial intelligence and technology; or 21 |
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| 176 | 176 | | (4) Technology and the law, to be appointed by the governor. The governor shall make the 22 |
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| 177 | 177 | | appointments after consulting with the commissioner of post-secondary education; the 23 |
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| 178 | 178 | | commissioner of elementary and secondary education; and the board of education. 24 |
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| 179 | 179 | | (b) Members of the commission shall be appointed within forty-five (45) days of the 25 |
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| 180 | 180 | | effective date of this chapter. The commission shall meet at the call of the chair based on the 26 |
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| 181 | 181 | | commission's workload, but not fewer than six (6) times per calendar year. Members who are 27 |
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| 182 | 182 | | secretaries, directors, elected officials, commissioners, and members of the judiciary, as well as the 28 |
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| 183 | 183 | | president of the Rhode Island Bar Association and the public defender, shall serve for as long as 29 |
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| 184 | 184 | | they hold their position. All other members shall be appointed for a term of three (3) years, which 30 |
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| 185 | 185 | | appointments may be renewed. 31 |
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| 186 | 186 | | 42-167-7. Annual report. 32 |
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| 187 | 187 | | The commission shall submit an annual report by December 31 of each year to the 33 |
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| 188 | 188 | | governor, the speaker of the house, and president of the senate. The report will be a public record 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC000104 - Page 6 of 7 |
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| 192 | 192 | | and it shall include, but not be limited to, a description of the commission's activities and any 1 |
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| 193 | 193 | | community engagement undertaken by the commission, the commission's findings, and any 2 |
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| 194 | 194 | | recommendations for regulatory or legislative action, including recommendations about areas 3 |
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| 195 | 195 | | where Rhode Island offices ought to use and not to use artificial intelligence systems, with a 4 |
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| 196 | 196 | | timeline for implementation, cost estimates and finance mechanisms. The report shall also detail 5 |
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| 197 | 197 | | the extent of algorithmic decision-making used by the State of Rhode Island and the progress made 6 |
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| 198 | 198 | | toward implementing any previous recommendations issued by the commission. 7 |
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| 199 | 199 | | SECTION 2. This act shall take effect upon passage. 8 |
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| 201 | 201 | | LC000104 |
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| 205 | 205 | | LC000104 - Page 7 of 7 |
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| 206 | 206 | | EXPLANATION |
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| 207 | 207 | | BY THE LEGISLATIVE COUNCIL |
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| 208 | 208 | | OF |
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| 209 | 209 | | A N A C T |
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| 210 | 210 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- ARTIFICIAL INTELLIGENCE |
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| 211 | 211 | | ACCOUNTABILITY ACT |
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| 212 | 212 | | *** |
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| 213 | 213 | | This act would require the department of administration to provide an inventory of all state 1 |
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| 214 | 214 | | agencies using artificial intelligence and would establish a thirteen (13) member permanent 2 |
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| 215 | 215 | | commission to monitor the use of artificial intelligence in state government and make 3 |
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| 216 | 216 | | recommendations for state government policy and other decisions. The act would also direct the 4 |
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| 217 | 217 | | commission to make recommendations regarding changes in the way state government uses 5 |
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| 218 | 218 | | artificial intelligence. The commission would file an annual report each year to the governor and 6 |
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| 219 | 219 | | the general assembly. 7 |
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| 220 | 220 | | This act would take effect upon passage. 8 |
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| 222 | 222 | | LC000104 |
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