2022 -- H 7223

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LC003585

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

     

     Introduced By: Representatives McNamara, and Potter

     Date Introduced: January 26, 2022

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 162

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COMMISSION TO MONITOR THE USE OF ARTIFICIAL INTELLIGENCE IN STATE

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GOVERNMENT

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     42-162-1. Definitions.

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     As used in this chapter, the following words shall have the following meanings unless the

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context clearly requires otherwise:

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     (1) "Algorithm" means a specific procedure, set of rules, or order of operations designed

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to solve a problem or make a calculation, classification, or recommendation.

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     (2) "Artificial intelligence" means computerized methods and tools, including, but not

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limited to, machine learning and natural language processing, that act in a way that resembles

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human cognitive abilities when it comes to solving problems or performing certain tasks.

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     (3) "Automated decision system" means any computer program, method, statistical model,

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or process that aims to aid or replace human decision-making using algorithms or artificial

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intelligence. These systems can include analyzing complex datasets about human populations and

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government services or other activities to generate scores, predictions, classifications, or

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recommendations used by agencies to make decisions that impact human welfare.

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     (4) "Office," "Rhode Island," or "state" means any agency, constitutional office,

 

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department, board, commission, bureau, division or authority of the State of Rhode Island, or of

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any political subdivision thereof, or of any authority established by the general assembly to serve

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a public purpose.

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     (5) "Source code" means the structure of a computer program that can be read and

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understood by people.

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     (6) "Training data" means the data used to inform the development of an automated

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decision system and the decisions or recommendations it generates.

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     42-162-2. Commission established.

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     (a) There is hereby established within the department of administration a permanent

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commission to monitor the use of artificial intelligence in state government, for the purpose of

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continuously studying, monitoring, and making recommendations relative to the use by the state of

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automated decision systems that may affect human welfare, including, but not limited to, the legal

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rights and privileges of individuals.

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     (b) In carrying out its work, the commission shall examine the following on an ongoing

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basis:

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     (1) A complete and specific survey of all uses of automated decision systems by the State

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of Rhode Island and the purposes for which such systems are used;

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     (2) The principles, policies, and guidelines adopted by specific Rhode Island offices to

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inform the procurement, evaluation, and use of automated decision systems, the procedures by

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which such principles, policies, and guidelines are adopted, and any gaps in such principles,

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policies, and guidelines;

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     (3) The training specific Rhode Island offices provide to individuals using automated

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decision systems, the procedures for enforcing the principles, policies, and guidelines regarding

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their use, and any gaps in training or enforcement;

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     (4) The manner by which Rhode Island offices validate and test the automated decision

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systems they use, and the manner by which they evaluate those systems on an ongoing basis,

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specifying the training data, input data, systems analysis, studies, vendor or community

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engagement, third parties, or other methods used in such validation, testing, and evaluation;

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     (5) Matters related to the transparency, explicability, auditability, and accountability of

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automated decision systems, including information about their structure; the processes guiding their

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procurement, implementation and review; whether they can be audited externally and

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independently; and the people who operate such systems and the training they receive;

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     (6) The manner and extent to which Rhode Island offices make the automated decision

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systems they use available to external review, and any existing policies, laws, procedures, or

 

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guidelines that may limit external access to data or technical information that is necessary for

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audits, evaluation, or validation of such systems;

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     (7) The due process rights of individuals directly affected by automated decision systems,

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and the public disclosure and transparency procedures necessary to ensure such individuals are

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aware of the use of the systems and understand their related due process rights;

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     (8) Uses of automated decision systems that directly or indirectly result in disparate

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outcomes for individuals or communities based on age, race, creed, color, religion, national origin,

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gender, disability, sexual orientation, marital status, veteran status, receipt of public assistance,

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economic status, location of residence, or citizenship status;

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     (9) Technical, legal, or policy controls to improve the just and equitable use of automated

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decision systems and mitigate any disparate impacts deriving from their use, including best

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practices and policies developed through research and academia or in other states and jurisdictions;

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     (10) Matters related to data sources, data sharing agreements, data security provisions,

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compliance with data protection laws and regulations, and all other issues related to how data is

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protected, used, and shared by agencies using automated decision systems;

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     (11) Matters related to automated decision systems and intellectual property, such as the

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existence of non-disclosure agreements, trade secrets claims, and other proprietary interests, and

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the impacts of intellectual property considerations on transparency, explicability, auditability,

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accountability, and due process; and

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     (12) Any other opportunities and risks associated with the use of automated decision

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systems by Rhode Island offices.

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     42-162-3. Composition.

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     (a) The commission shall consist of the secretary of commerce, or designee; the director of

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the department of administration, or designee, who shall be the chairperson of the commission; the

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director of the department of business regulation, or designee; the chief justice of the state supreme

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court or designee; the attorney general or designee; the director of the department of children,

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youth, and families, or designee; the secretary of the executive office of health and human services,

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or designee; the Rhode Island public defender, or designee; the president of the Rhode Island Bar

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Association or designee; four (4) representatives from academic institutions in the state who shall

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be experts in:

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     (1) Artificial intelligence and machine learning;

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     (2) Data science and information policy;

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     (3) Social implications of artificial intelligence and technology; or

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     (4) Technology and the law, to be appointed by the governor, after consulting with the

 

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commissioner of post-secondary education; the commissioner of elementary and secondary

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education, or designee; and one representative to be appointed by the board of education;

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     (b) Members of the commission shall be appointed within forty-five (45) days of the

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effective date of this chapter. The commission shall meet at the call of the chair based on the

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commission's workload but not fewer than six (6) times per calendar year. Members who are

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secretaries, directors, elected officials, commissioners, and members of the judiciary, as well as the

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president of the Rhode Island Bar Association and the public defender, shall serve for so long as

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they hold their position. All other members shall be appointed for a term of three (3) years, which

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appointments may be renewed.

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     42-162-4. Annual report.

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     The commission shall submit an annual report by December 31 of each year to the governor

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and to the clerks of the house of representatives and the senate. The report will be a public record

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and it shall include, but not be limited to, a description of the commission's activities and any

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community engagement undertaken by the commission, the commission's findings, and any

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recommendations for regulatory or legislative action, including recommendations about areas

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where Rhode Island offices ought to use and not to use automated decision systems, with a timeline

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for implementation, cost estimates and finance mechanisms. The report shall also detail the extent

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of algorithmic decision-making used by the State of Rhode Island and the progress made toward

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implementing any previous recommendations issued by the commission.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

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     This act would establish a permanent commission to monitor the use of artificial

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intelligence in state government to make state government policy and other decisions. The act

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would also direct the commission to make recommendations regarding changes in the way state

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government uses artificial intelligence.

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     This act would take effect upon passage.

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