SB313:v98#DOCUMENTBill Start
Amended
IN
Senate
April 10, 2023
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CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 313
Introduced by Senator Dodd
(Coauthor: Senator Hurtado)
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February 06, 2023 |
An act to add Chapter 5.9 (commencing with Section 11549.80) to Part 1 of Division 3 of Title 2 of, the Government Code, relating to state government.
LEGISLATIVE COUNSEL'S DIGEST
SB 313, as amended, Dodd.
Department of Technology: Office of Artificial Intelligence. Intelligence: state agency public interface: use of AI.
Existing law establishes within the Government Operations Agency the Department of Technology, under the supervision of the Director of Technology, also known as the State Chief Information Officer. Existing law requires the director to, among other things, provide technology direction to agency and department chief information officers to ensure the integration of statewide technology initiatives, compliance with information technology policies and standards, and the promotion of the alignment and effective management of information technology services.
This bill would enact the California AI-ware Act, which would establish, within the Department of Technology, the Office of Artificial Intelligence, and would grant the office the powers and authorities
power and authority necessary to guide the design, use, and deployment of automated systems by a state agency to ensure that all AI systems are designed and deployed in a manner that is consistent with state and federal laws and regulations regarding privacy and civil liberties and that minimizes bias and promotes equitable outcomes for all Californians. The bill would make related legislative findings and declarations.
Existing law imposes various requirements on state agencies concerning technological matters, including requiring every state agency that utilizes any method, device, identifier, or other database application on the internet to electronically collect personal information regarding any user to prominently display a prescribed notice at an initial point
of communication with a potential user.
This bill would require any state agency that utilizes generative artificial intelligence to directly communicate with a natural person to provide notice to that person that the interaction with the state agency is being communicated through artificial intelligence, as specified. This bill would require the state agency to provide instructions, as specified, to inform the natural person how they can directly communicate with a natural person from the state agency.
The bill would make related legislative findings and declarations.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 5.9 (commencing with Section 11549.80) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER
5.9. Office of Artificial Intelligence
11549.80.
This chapter shall be known, and may be cited, as the California AI-ware Act.11549.80.11549.81.
In enacting this chapter, the Legislature finds and declares:(a) The Legislature recognizes the tremendous potential of artificial intelligence (AI) to improve the lives of its citizens and the functioning of government. However, the Legislature also recognizes that the use of AI must be guided by principles of fairness, transparency, and accountability to ensure that the rights and opportunities of all Californians are protected in the age of artificial intelligence.
(b) The Legislature declares that no individual or group should be discriminated against on the basis of race, gender, age, religion, sexual orientation, or any other protected characteristic in the design, development, deployment, or use of AI systems.
(c) The Legislature affirms the importance of transparency in the use of AI systems. The public has the right to know when they are interacting with AI being used by the state, and to have a clear and conspicuous identification of that interaction.
(d) The Legislature recognizes that the use of AI systems must be consistent with the protection of privacy and civil liberties and must be guided
by a commitment to equity and social justice. It is the intent of the Legislature in enacting this legislation that all AI systems be designed and deployed in a manner that is both of the following:
(1) Consistent with state and federal laws and regulations regarding privacy and civil liberties.
(2) Minimizes bias and promotes equitable outcomes for all Californians.
11549.81.11549.82.
There is in state government, within the Department of Technology, the Office of Artificial Intelligence. 11549.82.11549.83.
The office shall have the powers and authorities power and authority necessary to guide the design, use, or deployment of automated systems by a state agency to ensure that all AI systems are designed and deployed in a manner that is consistent with state and federal laws and regulations regarding privacy and civil liberties and that minimizes bias and promotes equitable outcomes for all Californians.11549.84.
(a) A state agency that utilizes generative artificial intelligence to directly communicate with a person, either through an online interface or telephonically, shall clearly and in a conspicuous manner identify to that person that their interaction with the state agency is being communicated through artificial intelligence.(b) A state agency that utilizes generative artificial intelligence to directly communicate with a person shall provide on the agency’s internet website clear instructions, or a link to a page with clear instructions, informing the person when and how the person can directly communicate with a person from the state agency.
(c) For purposes of this
section, “person” means a natural person.