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SB-892 Public contracts: automated decision systems: procurement standards.(2023-2024)

Senate
Assembly
1st
Cmt
2nd
Cmt
2nd
3rd
Pass
1st
Cmt
2nd
Cmt
2nd
3rd
Pass
Pass
Veto
Senate
Assembly
1st
Cmt
2nd
Cmt
2nd
3rd
Pass
1st
Cmt
2nd
Cmt
2nd
3rd
Pass
Pass
Veto

Bill Status
SB-892
Padilla (S)
-
Rubio (S) , Smallwood-Cuevas (S)
Public contracts: automated decision systems: procurement standards.
02/03/24
An act to add Section 12100.1 to the Public Contract Code, relating to public contracts.
Senate
09/05/24
08/19/24

Type of Measure
Active Bill - In Floor Process
Majority Vote Required
Non-Appropriation
Fiscal Committee
Non-State-Mandated Local Program
Non-Urgency
Non-Tax levy
Last 5 History Actions
Date Action
09/20/24 In Senate. Consideration of Governor's veto pending.
09/20/24 Vetoed by the Governor.
09/11/24 Enrolled and presented to the Governor at 3 p.m.
08/31/24 Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5766.) Ordered to engrossing and enrolling.
08/30/24 Ordered to unfinished business.
Governor's Message
To the Members of the California State Senate: 

I am returning Senate Bill 892 without my signature. 

This bill would task the California Department of Technology (CDT) to create an automated decision system procurement standard that complies with various requirements specified in the bill. Beginning on January 1, 2027, every state contract for an automated decision system would have to comply with these new regulations.

My administration shares the author's commitment to ensuring the safe deployment of artificial intelligence (AI) and automated decision systems. Last year, I signed AB 302 (Ward, 2023), requiring CDT to conduct a comprehensive inventory of all high-risk automated decision systems that state agencies use, develop, or procure. And last September, I issued Executive Order 12-23, which, among other provisions, requires state agencies and departments to develop guardrails and deploy AI ethically and responsibly throughout state government to protect against potential risks.

Unfortunately, several aspects of this bill disrupt that ongoing work, including existing information technology modernization efforts, which would lead to implementation delays and higher expenses for critical projects. Additionally, this bill creates new and ongoing General Fund costs not included in the 2024 Budget Act.

In partnership with the Legislature this year, my Administration has enacted a balanced budget that avoids deep program cuts to vital services and protected investments in education, health care, climate, public safety, housing, and social service programs that millions of Californians rely on. It is important to remain disciplined when considering bills with significant fiscal implications that are not included in the budget, such as this measure.


For these reasons, I cannot sign this bill.

Sincerely, 




Gavin Newsom