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:

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

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

CHAPTER 162

COMMISSION TO MONITOR THE USE OF ARTIFICIAL INTELLIGENCE IN STATE

GOVERNMENT

     42-162-1. Definitions.

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

context clearly requires otherwise:

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

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

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

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

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

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

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

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

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

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

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

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

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

a public purpose.

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

understood by people.

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

decision system and the decisions or recommendations it generates.

     42-162-2. Commission established.

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

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

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

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

rights and privileges of individuals.

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

basis:

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

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

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

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

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

policies, and guidelines;

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

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

their use, and any gaps in training or enforcement;

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

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

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

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

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

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

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

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

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

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

audits, evaluation, or validation of such systems;

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

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

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

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

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

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

economic status, location of residence, or citizenship status;

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

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

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

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

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

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

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

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

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

accountability, and due process; and

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

systems by Rhode Island offices.

     42-162-3. Composition.

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

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

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

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

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

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

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

be experts in:

     (1) Artificial intelligence and machine learning;

     (2) Data science and information policy;

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

     (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

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

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

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

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

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

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

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

appointments may be renewed.

     42-162-4. Annual report.

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

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

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

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

recommendations for regulatory or legislative action, including recommendations about areas

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

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

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

implementing any previous recommendations issued by the commission.

     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

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

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

government uses artificial intelligence.

     This act would take effect upon passage.

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