Connecticut 2023 Regular Session Status: Enacted Bipartisan · 4 R · 2 D cosponsors

SB 1103 — AN ACT CONCERNING ARTIFICIAL INTELLIGENCE, AUTOMATED DECISION-MAKING AND PERSONAL DATA PRIVACY.

Last action — SIGNED BY GOVERNOR

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 23, 2023. Enacted.

Signed by Governor Ned Lamont (Democratic) on June 07, 2023.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    9 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 R · 2 D) — cross-party backing.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

297 added · 546 removed

297 line(s) added, 546 removed.

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General Assembly Substitute Bill No.
Substitute Senate Bill No.
1103 January Session, 2023 AN ACT CONCERNING ARTIFICIAL INTELLIGENCE, AUTOMATED DECISION-MAKING AND PERSONAL DATA PRIVACY.
1103 Public Act No.
23-16 AN ACT CONCERNING ARTIFICIAL INTELLIGENCE, AUTOMATED DECISION-MAKING AND PERSONAL DATA PRIVACY.
(NEW) (Effective July 1, 2023) (a) As used in this section:
(NEW) (Effective July 1, 2023) (a) For the purposes of this section:
(1) "Artificial Intelligence Officer" means the employee designated pursuant to subsection (b) of this section;
(1) "Artificial intelligence" means (A) an artificial system that (i) performs tasks under varying and unpredictable circumstances without significant human oversight or can learn from experience and improve such performance when exposed to data sets, (ii) is developed in any context, including, but not limited to, software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication or physical action, or (iii) is designed to (I) think or act like a human, including, but not limited to, a cognitive architecture or neural network, or (II) act rationally, including, but not limited to, an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communication, decision-making or action, or (B) a set of techniques, including, but not limitedto,machinelearning,thatisdesigned toapproximateacognitive task;
(2) "Automated decision support system" means any automated decision system that provides material information for the purpose of informing a conclusion, decision or judgment made by an individual on behalf of a state agency;
and (2) "State agency" has the same meaning as provided in section 4d-1 Substitute Senate Bill No.
(3) "Automated decision system" means any machine-based system or application, including, but not limited to, any such system or application that is derived from machine learning, statistics or other data processing or artificial intelligence techniques, that is developed, procured or utilized to make, inform or materially support a critical decision made by a state agency, but does not include passive computing infrastructure;
1103 of the general statutes.
(4)"Automated finaldecision system"means any automated decision system that makes a final conclusion, decision or judgment on behalf of LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01103-R1 of 17 SB.docx Substitute Bill No.
(b) (1) Not later than December 31, 2023, and annually thereafter, the Department of Administrative Services shall conduct an inventory of all systems that employ artificial intelligence and are in use by any state agency.
1103 a state agency without any intervention by an individual acting on behalf of the state agency;
Each such inventory shall include at least the following information for each such system:
(5) "Automated system" means any automated decision support system, automated decision system or automated final decision system;
(A) The name of such system and the vendor, if any, that provided such system;
(6) "Automated systems procedures" means the procedures developed and adopted pursuant to this section;
(B) A description of the general capabilities and uses of such system;
(7) "Connecticut Artificial Intelligence Advisory Board" means the board established in section 2 of this act;
(C) Whether such system was used to independently make, informor materially support a conclusion, decision or judgment;
(8) "Critical decision" means any decision or judgment that has any legal, material or similarly significant effect on an individual's life concerning access to, or the cost, terms or availability of, (A) education and vocational training, including, but not limited to, assessment, accreditation or certification, (B) employment, worker management or self-employment, (C) essential utilities such as electricity, heat, water, Internet or telecommunications access or transportation, (D) family planning services, including, but not limited to, adoption services or reproductive services, (E) financial services, including, but not limited to, any financial service provided by a mortgage company, (F) services from a creditor or mortgage broker, (G) health care, including, but not limited to, mental health care, dental care or vision care, (H) housing or lodging, including, but not limited to, any rental, short-term housing or lodging, (I) legal services, including, but not limited to, private mediation or arbitration, (J) government benefits, or (K) public services;
and (D) Whether such system underwent an impact assessment prior to implementation.
(9) "Passive computing infrastructure" means any intermediary technology, including, but not limited to, web hosting, domain registration, networking, caching, data storage or cybersecurity technology, that does not influence or determine the outcome of a decision, make or aid in making a decision, inform policy implementation or collect data or observations;
(2) The Department of Administrative Services shall make each inventory conducted pursuant to subdivision (1) of this subsection publicly available on the state's open data portal.
(10) "State agency" means any department, board, commission, council, institution, office, constituent unit of the state system of higher LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0112 of 17 R02-SB.docx } Substitute Bill No.
(c) Beginning on February 1, 2024, the Department of Administrative Services shall perform ongoing assessments of systems that employ artificial intelligence and are in use by state agencies to ensure that no such system shall result in any unlawful discrimination or disparate impact described in subparagraph (B) of subdivision (1) of subsection (b) of section 2 of this act.
1103 education, technical education and career school or other agency in the executive, legislative or judicial branch of state government;
The department shall perform such assessment in accordance with the policies and procedures established by the Office of Policy and Management pursuant to subsection (b) of section 2 of this act.
and (11) "Trade secret" has the same meaning as provided in section 35- 51 of the general statutes.
(b) Not later than October 1, 2023, the Secretary of the Office of Policy and Management shall designate an employee of the Office of Policy and Management to serve as the Artificial Intelligence Officer.
Such employee shall have:
(1) Extensive knowledge concerning automated systems and artificial intelligence analysis, governance, principles, practices, technology, terminology and trends;
and (2) experience in administration,planning,policydevelopment,projectmanagementand service coordination.
(c) The Artificial Intelligence Officer shall be responsible for performing said officer's duties as set forth in this section.
The Secretary of the Office of Policy and Management may contract with a third party, if said secretary deems it necessary, to assist the Artificial Intelligence Officer in performing said officer's duties under this section.
(d) Not later than December 31, 2023, and every two years thereafter, the Artificial Intelligence Officer shall, in consultation with the state agency data officers and state agency heads, develop and adopt automated systems procedures for use by state agencies in developing, procuring and utilizing automated systems for critical decisions.
In developing such automated systems procedures, the Artificial Intelligence Officer shall consider imposing the following safeguards, where appropriate, to mitigate risk:
(1) Requiring state agencies to develop, procure and utilize automated systems in a manner that is consistent with national and international standards;
(2) ensuring that state agencies develop, procure and utilize automated systems in a manner that is consistent with state and federal laws, including, but not limited to, state and federal laws prohibiting discrimination and addressing privacy, civil rights and civil liberties;
(3) ensuring that no automated system disproportionately and unlawfully impacts any LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0113 of 17 R02-SB.docx } Substitute Bill No.
1103 individual or group of individuals on the basis of any actual or perceived differentiating characteristic, including, but not limited to, age, genetic information, color, ethnicity, race, creed, religion, national origin, ancestry, sex, gender identity or expression, sexual orientation, marital status, familial status, pregnancy, veteran status, disability or lawful source of income;
(4) ensuring that any benefits that a state agency gains by utilizing an automated system outweigh any risks inherent in utilizing the automated system;
(5) ensuring that each automated system is applied and utilized in a manner that is consistent with the use cases for which such automated system was trained in order to ensure accuracy, reliability and efficacy;
(6) ensuring that each automated systemissafe,secure andresilient, including, but not limited to, in circumstances in which such automated system is confronted with any systematic vulnerability, adversarial manipulation or other maliciousexploitation;(7)ensuringthattheoperationsof,andoutcomes generated by, an automated system are sufficiently understandable by subject matter experts and users;
(8) ensuring that individual roles and responsibilities are clearly defined, understood and appropriately assigned in a manner that is consistent with the purpose for which each use of an automated system is intended;
(9) ensuring that the development, procurement and utilization of an automated system is, and the inputs and outputs for applications of an automated system are, documented and traceable;
(10) ensuring that the design, development, procurement and monitoring of an automated system is, and intended purposes of an automated system are, appropriately transparent to the public under uniform protocols and public access requirements concerning releases and posting of appropriate information by each state agency utilizing the automated system;
(11) ensuring that data inputs utilized by each automated system are appropriately transparent under the Freedom of Information Act, as defined in section 1-200 of the general statutes;
and (12) ensuring that each state agency that utilizes an automated system (A) examines the automated system, at least once every two years, to ensure compliance with such automated systems procedures, (B) supersedes, disengages and deactivates any application of the automated system that demonstrates performance that is, or LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0114 of 17 R02-SB.docx } Substitute Bill No.
1103 outcomes that are, inconsistent with such automated systems procedures or any other provision of this section, (C) is appropriately transparent in disclosing any information that is relevant to such state agency's use of the automated system, (D) implements safeguards to ensure that the automated system is properly applied, utilized and functioning, and (E) provides appropriate training to all personnel responsible for developing, procuring or utilizing the automated system.
(e) No state agency shall develop, procure or utilize any automated system on or after January 1, 2024, unless such automated system satisfies the requirements established in the automated systems procedures.
(f) Not later than November 1, 2023, and every two years thereafter, the Artificial Intelligence Officer shall submit a preliminary draft of the automated systems procedures to the Connecticut Artificial Intelligence Advisory Board.
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The Connecticut Artificial Intelligence Advisory Board shall hold a public hearing on such draft automated systems procedures, and submit any suggested revisions to the Artificial Intelligence Officer, not later than thirty days after said board receives such draft automated systems procedures.
(g) After the public hearing held pursuant to subsection (f) of this section and, if applicable, receiving any recommended revisions from the Connecticut Artificial Intelligence Advisory Board, the Artificial Intelligence Officer shallfinalizetheautomatedsystemsproceduresand submit such final automated systems procedures to said board.
The Artificial Intelligence Officer shall send a copy of the final automated systems procedures to all state agency data officers, and the Office of Policy and Management shall post such final automated systems procedures on said office's Internet web site.
(h) Not later than December 31, 2024, and every two years thereafter, each state agency shall:
(1) Conduct an inventory of the automated systems that are in use by such state agency, which inventory shall be in LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0115 of 17 R02-SB.docx } Substitute Bill No.
1103 a form prescribed by the Artificial Intelligence Officer;
and (2) submit such inventory to said officer and the Connecticut Artificial Intelligence Advisory Board.
The Office of Policy and Management shall make each such inventory available to the public on said office's Internet web site.
(i) The Artificial Intelligence Officer shall be subject to the Freedom of Information Act, as defined in section 1-200 of the general statutes.
(j) No provision of this section shall be construed to:
(1) Require disclosure of any tradesecret;
(2) abrogate any work product protection;
or (3) restrict the Artificial Intelligence Officer's or any state agency's ability to (A) conduct any internal research to develop, improve or repair any product, service or technology, (B) prevent, detect, protect against or respond to, or investigate, report or prosecute any person responsible for, any security incident, identity theft, fraud, harassment, malicious or deceptive activity or illegal activity, or (C) preserve the integrity or security of any system.
(NEW) (Effective July 1, 2023) (a) As used in this section:
(NEW) (Effective July 1, 2023) (a) For the purposes of this section:
(1) "Automated system" has the same meaning as provided in section 1 of this act;
Public Act No.
(2) "State agency" has the same meaning as provided in section 1 of this act;
23-16 2 of 10 Substitute Senate Bill No.
and (3) "Trade secret" has the same meaning as provided in section 35-51 of the general statutes.
1103 (1) "Artificial intelligence" means (A) an artificial system that (i) performs tasks under varying and unpredictable circumstances without significant human oversight or can learn from experience and improve such performance when exposed to data sets, (ii) is developed in any context, including, but not limited to, software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication or physical action, or (iii) is designed to (I) think or act like a human, including, but not limited to, a cognitive architecture or neural network, or (II) act rationally, including, but not limited to, an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communication, decision-making or action, or (B) a set of techniques, including, but not limitedto,machinelearning,thatisdesigned toapproximateacognitive task;
(b) There is established the Connecticut Artificial Intelligence Advisory Board, which shall be part of the Legislative Department.
and (2) "State agency" has the same meaning as provided in section 4d-1 of the general statutes.
(c) The board shall consist of the following members:
(b) (1) Not later than February 1, 2024, the Office of Policy and Management shall develop and establish policies and procedures concerning the development, procurement, implementation, utilization and ongoing assessment of systems that employ artificial intelligence and are in use by state agencies.
(1) Two appointed by the speaker of the House of Representatives;
Such policies and procedures shall, at a minimum, include policies and procedures that:
(2) two appointedby thepresident pro tempore ofthe Senate;
(A) Govern the procurement, implementation and ongoing assessment of such systems by state agencies;
(3)two appointed by the minority leader of the House of Representatives;
(B) Are sufficient to ensure that no such system (i) results in any unlawful discrimination against any individual or group of individuals, or (ii) has any unlawful disparate impact on any individual or group of individuals on the basis of any actual or perceived differentiating characteristic, including, but not limited to, age, genetic information, color, ethnicity, race, creed, religion, national origin, ancestry, sex, Public Act No.
(4) two appointed by the minority leader of the Senate;
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(5) the House LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0116 of 17 R02-SB.docx } Substitute Bill No.
1103 gender identity or expression, sexual orientation, marital status, familial status, pregnancy, veteran status, disability or lawful source of income;
1103 chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to consumer protection, or one appointed by such chairperson;
(C) Require a state agency to assess the likely impact of any such system before implementing such system;
and (6) the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to consumer protection, or one appointed by such chairperson.
and (D) Provide for the Department of Administrative Services to perform ongoing assessments of such systems to ensure that no such system results in any unlawful discrimination or disparate impact described in subparagraph (B) of this subdivision.
All appointed members shall have professional experience or academic qualifications in matters pertaining to automated systems, artificial intelligence, artificial intelligence governance and accountability or other related fields.
(2) The Office of Policy and Management may revise the policies and procedures established pursuant to subdivision (1) of this subsection if the Secretary of the Office of Policy and Management determines, in said secretary's discretion, that such revision is necessary.
Additional nonvoting ex-officio members shall include the following officials, or their designees:
(3) The Office of Policy and Management shall post the policies and procedures established pursuant to subdivision (1) of this subsection, and any revision made to such policies and procedures pursuant to subdivision (2) of this subsection, on the office's Internet web site.
The Commissioner of Administrative Services, the Chief Data Officer, the executive director of the Freedom of Information Commission, the executive director of the Commission on Women, Children, Seniors, Equity and Opportunity, the Attorney General, the Chief Court Administrator, the Treasurer and the Comptroller.
(c) Beginning on February 1, 2024, no state agency shall implement any systemthat employsartificialintelligence (1)unlessthestate agency has performed an impact assessment, in accordance with the policies and procedures established pursuant to subsection (b) of this section, to ensure that such system will not result in any unlawful discrimination or disparate impact described in subparagraph (B) of subdivision (1) of subsection (b) of this section, or (2) if the head of such state agency determines, in such agency head's discretion, that such system will result in any unlawful discrimination or disparate impact described in subparagraph (B) of subdivision (1) of subsection (b) of this section.
The speaker of the House of Representatives and the president pro tempore of the Senate shall each select a co-chair of the board from among the members of the board.
(d) All initial appointments to the board shall be made not later than September 1, 2023.
The terms of the appointed members shall be coterminous with the terms of the appointing authority for each member.
Any vacancy shall be filled by the appointing authority.
Any vacancy occurring other than by expiration of a term shall be filled for the balance of the unexpired term.
A member of the board may serve more than one term.
The co-chairs shall jointly schedule the first meeting of the board, which shall be held not later than October 1, 2023.
(e) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to consumer protection shall serve as administrative staff of the board.
(f) The board shall have the following powers and duties:
(1) To advise state agencies concerning artificial intelligence and automated systems policy, including, but not limited to, best practices for the use of artificial intelligence and automated systems;
(2) to perform the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0117 of 17 R02-SB.docx } Substitute Bill No.
1103 duties set forth in subsections (f) and (g) of section 1 of this act;
(3) to issue reports and recommendations to the General Assembly in accordance with section 11-4a of the general statutes;
(4) upon the request of at least two members of the board, to request that any state agency data officer or state agency head appear before the board to answer questions;
(5) to request from any state agency such assistance and data as necessary and available to carry out the purposes of this section;
(6) to make recommendations to the legislative leaders concerning artificial intelligence and automated systems policy;
and (7) to establish bylaws to govern the board's procedures.
(g) The board shall meet at least twice a year and may meet at such other times as deemed necessary by the co-chairs of the board jointly or by a majority of the members of the board.
(h) The board shall be subject to the Freedom of Information Act, as defined in section 1-200 of the general statutes.
(i) No provision of this section shall be construed to:
(1) Require disclosure of any tradesecret;
(2) abrogate any work product protection;
or (3) restrict the board's or any state agency's ability to (A) conduct any internal research to develop, improve or repair any product, service or technology, (B) prevent, detect, protect against or respond to, or investigate, report or prosecute any person responsible for, any security incident, identity theft, fraud, harassment, malicious or deceptive activity or illegal activity, or (C) preserve the integrity or security of any system.
(NEW) (Effective July 1, 2023) (a) As used in this section:
(NEW) (Effective July 1, 2023) (a) For the purposes of this section, "artificial intelligence" means (1) an artificial system that (A) performs tasks under varying and unpredictable circumstances without Public Act No.
(1) "Artificial Intelligence Implementation Officer" means the employee designated pursuant to subsection (b) of this section;
23-16 4 of 10 Substitute Senate Bill No.
(2) "Automated system" has the same meaning as provided in section 1 of this act;
1103 significant human oversight or can learn from experience and improve such performance when exposed to data sets, (B) is developed in any context, including, but not limited to, software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication or physical action, or (C) is designed to (i) think or act like a human, including, but not limited to, a cognitive architecture or neural network, or (ii) act rationally, including, but not limited to, an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communication, decision-making or action, or (2) a set of techniques, including, but not limitedto,machinelearning,thatisdesigned toapproximateacognitive task.
(3) "Automated systems procedures" has the same meaning as LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0118 of 17 R02-SB.docx } Substitute Bill No.
(b) (1) Not later than December 31, 2023, and annually thereafter, the Judicial Department shall conduct an inventory of the department's systems that employ artificial intelligence.
1103 provided in section 1 of this act;
Each such inventory shall include at least the following information for each such system:
(4) "State agency" has the same meaning as provided in section 1 of this act;
(A) The name of such system and the vendor, if any, that provided such system;
and (5) "Trade secret" has the same meaning as provided in section 35-51 of the general statutes.
(B) A description of the general capabilities and uses of such system;
(b) Not later than October 1, 2023, the Commissioner of Administrative Services shall designate an employee of the Department of Administrative Services to serve as the Artificial Intelligence Implementation Officer.
(C) Whether such system was used to independently make, informor materially support a conclusion, decision or judgment;
Such employee shall have:
and (D) Whether such system underwent an impact assessment prior to implementation.
(1) Extensive knowledge concerning automated systems and artificial intelligence analysis, governance, principles,practices,technology,terminologyand trends;
(2) The Judicial Department shall make each inventory conducted pursuant to subdivision (1) of this subsection publicly available on the department's Internet web site.
and (2) experience in administration, planning, policy development, project management and service coordination.
(c) (1) Not later than February 1, 2024, the Judicial Department shall develop and establish policies and procedures concerning the Public Act No.
(c) The Artificial Intelligence Implementation Officer shall be responsible for performing said officer's duties under this section and section 4 of this act.
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The Commissioner of Administrative Services may contract with a third party, if the commissioner deems it necessary, to assist the Artificial Intelligence Implementation Officer in performing said officer's duties under this section and section 4 of this act.
1103 department's development, procurement, implementation, utilization and ongoing assessment of systems that employ artificial intelligence.
(d) Any state agency that intends to develop, procure or utilize any automated system on or after January 1, 2024, shall provide to the Artificial Intelligence Implementation Officer, in a form and manner prescribed by said officer, at least sixty days' advance written notice disclosing that such state agency intends to develop, procure or utilize such automated system.
Such policies and procedures shall, at a minimum, include policies and procedures that:
(e) Not later than ninety days after the Artificial Intelligence Implementation Officer receives any notice submitted pursuant to subsection (d) of this section, said officer may review such notice, and any available documentationconcerningtheoperationoftheautomated system that is the subject of such notice and any related safeguards, to determine whether developing, procuring or utilizing such automated LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0119 of 17 R02-SB.docx } Substitute Bill No.
(A) Govern the department's procurement, implementation and ongoing assessment of such systems;
1103 system would satisfy the requirements established in the automated systems procedures.
(B) Are sufficient to ensure that no such system (i) results in any unlawful discrimination against any individual or group of individuals, or (ii) has any unlawful disparate impact on any individual or group of individuals on the basis of any actual or perceived differentiating characteristic, including, but not limited to, age, genetic information, color, ethnicity, race, creed, religion, national origin, ancestry, sex, gender identity or expression, sexual orientation, marital status, familial status, pregnancy, veteran status, disability or lawful source of income;
If the Artificial Intelligence Implementation Officer does not make any determination during such ninety-day period, the state agency that submitted such notice may develop, procure or utilize such automated system.
(C) Require the department to assess the likely impact of any such system before implementing such system;
(f) On and after July 1, 2025, the Artificial Intelligence Implementation Officer:
and (D) Provide for ongoing assessments of such systems to ensure that no such system results in any unlawful discrimination or disparate impact described in subparagraph (B) of this subdivision.
(1) May, in said officer's discretion, periodically reevaluate any automated system that is developed, procured or utilized by any state agency to ensure that such automated system satisfies the requirements established in the automated systems procedures;
(2) The Judicial Department may revise the policies and procedures established pursuant to subdivision (1) of this subsection if the Chief Court Administrator determines, in said administrator's discretion, that such revision is necessary.
(2) Shall, at least biennially, reevaluate any automated system that is developed, procured or utilized by any state agency if said officer, in said officer's discretion, determines that such automated system poses any significant risk;
(3) The Judicial Department shall post the policies and procedures established pursuant to subdivision (1) of this subsection, and any revision made to such policies and procedures pursuant to subdivision (2) of this subsection, on the department's Internet web site.
and (3) May take any action not set forth in subdivision (1) or (2) of this subsection that said officer, in said officer's discretion, may deem appropriate to carry out the purposes of this subsection.
(d) Beginning on February 1, 2024, the Judicial Department shall:
(g) If the Artificial Intelligence Implementation Officer determines that any automated system that is developed, procured or utilized by any state agency does not satisfy the requirements established in the automated systems procedures, said officer shall direct such state agency to immediately cease development, procurement or utilization of such automated system.
Public Act No.
(h) The Artificial Intelligence Implementation Officer shall be subject to the Freedom of Information Act, as defined in section 1-200 of the general statutes.
23-16 6 of 10 Substitute Senate Bill No.
(i) No provision of this section shall be construed to:
1103 (1) Not implement any system that employs artificial intelligence (A) unless the department has performed an impact assessment, in accordance with the policies and procedures established pursuant to subsection (c) of this section, to ensure that such system will not result in any unlawful discrimination or disparate impact described in subparagraph (B) of subdivision (1) of subsection (c) of this section, or (B) if the Chief Court Administrator determines, in said administrator's discretion, that such system will result in any unlawful discrimination or disparate impact described in subparagraph (B) of subdivision (1) of subsection (c) of this section;
(1) Require disclosure of any tradesecret;
and (2) Perform ongoing assessments of the department's systems that employ artificial intelligence to ensure that no such system shall result in any unlawful discrimination or disparate impact described in subparagraph (B) of subdivision (1) of subsection (c) of this section.
(2) abrogate any work product protection;
or (3) restrict the Artificial Intelligence Implementation Officer's or any LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-011010 of 17 R02-SB.docx } Substitute Bill No.
1103 state agency's ability to (A) conduct any internal research to develop, improve or repair any product, service or technology, (B) prevent, detect, protect against or respond to, or investigate, report or prosecute any person responsible for, any security incident, identity theft, fraud, harassment, malicious or deceptive activity or illegal activity, or (C) preserve the integrity or security of any system.
(Effective July 1, 2023) (a) As used in this section:
(NEW) (Effective October 1, 2023) Notwithstanding any provision of the general statutes, no state contracting agency shall enter into any contract with a business on or after October 1, 2023, unless such contract contains a provision requiring the business to comply with all applicable provisions of sections 42-515 to 42-525, inclusive, of the general statutes.
(1) "Artificial Intelligence Implementation Officer" has the same meaning as provided in section 3 of this act;
For the purposes of this section, "business", "contract" and "state contracting agency" have the same meanings as provided in section 4e-1 of the general statutes.
(2) "Automated decision support system" has the same meaning as provided in section 1 of this act;
(3) "Automated final decision system" has the same meaning as provided in section 1 of this act;
(4) "Automated system" has the same meaning as provided in section 1 of this act;
(5) "Critical decision" has the same meaning as provided in section 1 of this act;
(6) "State agency" has the same meaning as provided in section 1 of this act;
and (7) "Trade secret" has the same meaning as provided in section 35-51 of the general statutes.
(b) Not later than December 31, 2023, the Artificial Intelligence Implementation Officer shall inventory all automated systems that are in use by state agencies for critical decisions.
Such inventory shall include the following information for each such automated system:
(1) The name of such automated system and the vendor, if any, that provided such automated system;
and LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-011011 of 17 R02-SB.docx } Substitute Bill No.
1103 (2) A description of the general capabilities of such automated system, including, but not limited to:
(A) Any reasonably foreseeable capability of such automated system that is outside of any state agency's intended use of such automated system;
(B) Whether such automated system was used, or may be used, to independently make, inform or materially support a conclusion, decision or judgment and the resulting impact on residents of this state;
(C) Each type of data input that was used by such automated system, how such inputted data was collected, generated or processed and the type or types of data such automated system generated or is reasonably likely to generate;
(D) Whether such automated system (i) discriminated against any individual or group of individuals in violation of state or federal law, or (ii) disproportionately and unlawfully impacted any individual or group of individuals on the basis of any actual or perceived differentiating characteristic, including, but not limited to, age, genetic information, color, ethnicity, race, creed, religion, national origin, ancestry, sex, gender identity or expression, sexual orientation, marital status, familial status, pregnancy, veteran status, disability or lawful source of income;
(E) A description of the purpose and intended use of such automated system, including, but not limited to, (i) which decision or decisions suchautomatedsystemwasusedtomake,informormateriallysupport, (ii) whether such automated system is an automated final decision system or automated decision support system, and (iii) the benefit or benefits such automated system was purported to confer and any data or research necessary to determine whether such automated system conferred such purported benefit or benefits;
and (F) How the data used or generated by such automated system was processed and stored, whether the state agency or agencies that LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0112 of 17 R02-SB.docx } Substitute Bill No.
1103 developed, procured or utilized such automated system intend to share access to such automated system or data with any other person, the name of such person and why such state agency or agencies intend to share such access or data with such person.
(c) The Artificial Intelligence Implementation Officer shall, as part of the inventory performed pursuant to subsection (b) of this section, determine whether any automated system included in such inventory:
(1) Infringed any legal right of any resident of this state;
and (2) Was publicly disclosed under the Freedom of Information Act, as defined in section 1-200 of the general statutes, in an appropriately transparent manner.
(d) No provision of this section shall be construed to:
(1) Require disclosure of any tradesecret;
(2) abrogate any work product protection;
or (3) restrict the Artificial Intelligence Implementation Officer's or any state agency's ability to (A) conduct any internal research to develop, improve or repair any product, service or technology, (B) prevent, detect, protect against or respond to, or investigate, report or prosecute any person responsible for, any security incident, identity theft, fraud, harassment, malicious or deceptive activity or illegal activity, or (C) preserve the integrity or security of any system.
(e) Not later than December 31, 2024, the Artificial Intelligence ImplementationOfficershallprepareandsubmitareport,inaccordance withsection11-4aofthegeneralstatutes,tothejointstandingcommittee of the General Assembly having cognizance of matters relating to consumer protection.
Such report shall contain the inventory prepared pursuant to subsection (b) of this section.
(NEW) (Effective July 1, 2023) Notwithstanding any provision of the general statutes, no state contracting agency shall enter into any contract with a business on or after July 1, 2023, unless such contract containsaprovisionrequiringthebusinesstocomplywithallapplicable provisions of sections 42-515 to 42-525, inclusive, of the general statutes.
(Effective from passage) (a) For the purposes of this section, "artificial intelligence" means (1) an artificial system that (A) performs tasks under varying and unpredictable circumstances without significant human oversight or can learn from experience and improve such performance when exposed to data sets, (B) is developed in any context, including, but not limited to, software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication or physical action, or (C) is designed to (i) think or act like a human, including, but not limited to, a cognitive Public Act No.
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1103 For the purposes of this section, "business", "contract" and "state contracting agency" have the same meanings as provided in section 4e- 1 of the general statutes.
1103 architecture or neural network, or (ii) act rationally, including, but not limited to, an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communication, decision-making or action, or (2) a set of techniques, including, but not limitedto,machinelearning,thatisdesigned toapproximateacognitive task.
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(b) There is established a working group to engage stakeholders and experts to:
6.
(1) Make recommendations concerning, and develop best practices for, the ethical and equitable use of artificial intelligence in state government;
Subsection (a) of section 42-517 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2023):
(2) make recommendations concerning the policies and procedures developed pursuant to subsection (b) of section 2 of this act;
(a)The provisionsofsections42-515to 42-525, inclusive, do not apply to any:
(3)assesstheWhite House Office ofScience andTechnologyPolicy's "Blueprint for an AI Bill of Rights" and similar materials and make recommendations concerning the (A) regulation of the use of artificial intelligence in the private sector based, among other things, on said blueprint, and (B) adoption of a Connecticut artificial intelligence bill of rights based on said blueprint;
(1) Body, authority, board, bureau, commission, district or agency of this state or of any political subdivision of this state;
and (4) make recommendations concerning the adoption of other legislation concerning artificial intelligence.
(2) nonprofit organization;
(c) (1) (A) The working group shall be part of the Legislative Department and consist of the following voting members:
(3) institution of higher education;
(i) One appointed by the speaker of the House of Representatives, who shall be a representative of the industries that are developing artificial intelligence;
(4) national securities association that is registered under 15 USC 78o-3 of the Securities Exchange Act of 1934, as amended from time to time;
(ii) one appointed by the president pro tempore of the Senate, who shall be a representative of the industries that are using artificial intelligence;
(5) financial institution or data subject to Title V of the Gramm-Leach-Bliley Act, 15 USC 6801 et seq.;
(iii) one appointed by the majority leader of the House of Representatives, who shall be an academic with a concentration in the study of technology and technology policy;
[or] (6) covered entity or business associate, as defined in 45 CFR 160.103;
(iv) one appointedbythemajorityleaderoftheSenate,whoshallbeanacademic with a concentration in the study of government and public policy;
or (7) air carrier, as defined in 49 USC 40102, as amended from time to time, and regulated under the Federal Aviation Act of 1958, 49 USC 40101 et seq., and the Airline Deregulation Act, 49 USC 41713, as said acts may be amended from time to time.
(v) one appointed by the minority leader of the House of Representatives, Public Act No.
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7.
1103 who shallbea representativeofanindustry associationrepresentingthe industries that are developing artificial intelligence;
Subsection (a) of section 42-520 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2023):
(vi) one appointed by the minority leader of the Senate, who shall be a representative of an industry association representing the industries that are using artificial intelligence;
(a) A controller shall:
(vii) one appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to general law;
(1) Limit the collection of personal data to what is adequate, relevant and reasonably necessary in relation to the purposesfor whichsuchdataisprocessed,asdisclosedto theconsumer;
(viii) one appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to general law;
(2) except as otherwise provided in sections 42-515 to 42-525, inclusive, not process personal data for purposes that are neither reasonably necessary to, nor compatible with, the disclosed purposes for which such personaldata isprocessed,asdisclosedto theconsumer,unless the controller obtains the consumer's consent;
and (ix) two appointed by the Governor, who shall be members of the Connecticut Academy of Science and Engineering.
(3) establish, implement and maintain reasonable administrative, technical and physical data security practices to protect the confidentiality, integrity and accessibility of personal data appropriate to the volume and nature of LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0114 of 17 R02-SB.docx } Substitute Bill No.
(B) All voting members appointed pursuant to subparagraph (A) of this subdivision shall have professional experience or academic qualifications in matters pertaining to artificial intelligence, automated systems, government policy or another related field.
1103 the personal data at issue;
(C) All initial appointments to the working group shall be made not later than thirty days after the effective date of this section.
(4) not process sensitive data concerning a consumer without obtaining the consumer's consent, or, in the case of the processing of sensitive data concerning a known child, without processing such data in accordance with COPPA;
Any vacancy shall be filled by the appointing authority.
(5) not process personal data in violation of the laws of this state and federal laws that prohibit unlawful discrimination against consumers;
(D) Any action taken by the working group shall be taken by a majority vote of all members present who are entitled to vote, provided no such action may be taken unless at least fifty per cent of such members are present.
(6) provide an effective mechanism for a consumer to revoke the consumer's consent under this section that is at least as easy as the mechanism by which the consumer provided the consumer's consent and, upon revocation of such consent, cease to process the data as soon as practicable, but not later than fifteen days after the receipt of such request;
(2) The working group shall include the following nonvoting, ex- officio members:
and (7) not process the personal data of a consumer for purposes of targeted advertising, or selltheconsumer'spersonaldatawithout theconsumer's consent, under circumstances where a controller has actual knowledge, [and] or wilfully disregards, that the consumer is at least thirteen years of age but younger than sixteen years of age.
(A) The House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to general law;
A controller shall not discriminate against a consumer for exercising any of the consumer rights contained in sections 42-515 to 42-525, inclusive, including denying goods or services, charging different prices or rates for goods or services or providing a different level of quality of goods or services to the consumer.
(B) the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to general law;
Sec.
(C) the Attorney General, or the Attorney General's designee;
8.
(D) the Comptroller, or the Comptroller's designee;
(Effective from passage) (a) There is established a task force to study artificial intelligence.
(E) the Treasurer, or the Treasurer's designee;
The task force shall (1) develop, and make recommendations concerning adoption of, an artificial intelligence bill of rights based on the "Blueprint for an AI Bill of Rights" published by the White House Office of Science and Technology Policy, and (2) study the feasibility of establishing, and make recommendations concerning the establishment of, a department of artificial intelligence enablement to assist state agencies and municipalities with ethically implementing artificial intelligence technologies.
(F) the Commissioner of Public Act No.
(b) The task force shall consist of the following members:
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(1) Two appointed by the speaker of the House of Representatives;
1103 Administrative Services, or said commissioner's designee;
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(G) the Chief Data Officer, or said officer's designee;
1103 (2) Two appointed by the president pro tempore of the Senate;
(H) the executive director of the Freedom of Information Commission, or said executive director's designee;
(3) One appointed by the majority leader of the House of Representatives;
(I) the executive director of the Commission on Women, Children, Seniors, Equity and Opportunity, or said executive director's designee;
(4) One appointed by the majority leader of the Senate;
(J) the Chief Court Administrator, or said administrator's designee;
(5) One appointed by the minority leader of the House of Representatives;
and (K) the executive director of the Connecticut Academy of Science and Engineering, or said executive director's designee.
(6) One appointed by the minority leader of the Senate;
(d) The chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to general law and the executive director of the Connecticut Academy of Science and Engineering shall serve as chairpersons of the working group.
(7) The Commissioner of Administrative Services, or the commissioner's designee;
Such chairpersons shall schedule the first meeting of the working group, which shall be held not later than sixty days after the effective date of this section.
and (8) Two appointed by the Governor.
(e) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to general law shall serve as administrative staff of the working group.
(c) Any member of the task force appointed under subdivision (1), (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member of the General Assembly.
(f) Not later than February 1, 2024, the working group shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to general law, in accordance with the provisions of section 11- 4a ofthegeneralstatutes.
(d) All initial appointments to the task force shall be made not later thanthirty daysafter theeffective date ofthis section.Any vacancy shall be filled by the appointing authority.
The working groupshallterminate onthedate that the working group submits such report or February 1, 2024, whichever is later.
(e)The speaker oftheHouse ofRepresentativesandthepresident pro tempore of the Senate shall select the chairpersons of the task force from among the members of the task force.
Approved June 7, 2023 Public Act No.
Such chairpersons shall schedule thefirst meeting ofthe task force, whichshall beheld not later thansixty days after the effective date of this section.
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(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to consumer protection shall serve as administrative staff of the task force.
(g) Not later than January 1, 2024, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-0116 of 17 R02-SB.docx } Substitute Bill No.
1103 consumer protection, in accordance with the provisions of section 11-4a of the general statutes.
The task force shall terminate on the date that it submits such report or January 1, 2024, whichever is later.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2023 New section Sec.
2 July 1, 2023 New section Sec.
3 July 1, 2023 New section Sec.
4 July 1, 2023 New section Sec.
5 July 1, 2023 New section Sec.
6 July 1, 2023 42-517(a) Sec.
7 July 1, 2023 42-520(a) Sec.
8 from passage New section GL Joint Favorable Subst.
APP Joint Favorable LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01103- 17 of 17 R02-SB.docx }
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 23-16

  5. IN CONCURRENCE

  6. HOUSE PASSED, SEN. AMEND. SCH. A

  7. HOUSE ADOPTED SEN. AMEND. SCH. A

  8. HOUSE CALENDAR NUMBER 530

  9. FAV. RPT., TABLED FOR HOUSE CALENDAR

  10. ON CONSENT CALENDAR

  11. SEN. PASSED, SEN. AMEND. SCH. A

  12. SEN. ADOPTED SEN. AMEND. SCH. A

  13. FAV. RPT., TAB. FOR CAL., SEN.

  14. NO NEW FILE BY COMM. ON Appropriations

  15. RPTD. OUT OF LCO

  16. FILED WITH LCO

  17. Joint Favorable

  18. REF. BY SEN. TO COMM. ON Appropriations

  19. FILE NO. 228

  20. SENATE CALENDAR NUMBER 151

  21. FAV. RPT., TAB. FOR CAL., SEN.

  22. RPTD. OUT OF LCO

  23. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/27/23

  24. FILED WITH LCO

  25. Joint Favorable Substitute

  26. PUBLIC HEARING 0228

  27. REF. TO JOINT COMM. ON General Law

Sponsors

Sponsorship breakdown

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9 sponsors · 0 co-sponsors · 178 not signed on

Sponsors (9)

Co-sponsors (0)

None.

Not signed on (178)

178 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 1103?
SB 1103 is sponsored by Sanchez, J., David Rutigliano (Republican), Geraldo C. Reyes (Democratic), Cheeseman, Holly H., Delany, Hubert D., Tami Zawistowski (Republican), Tony Hwang (Republican), Vincent J. Candelora (Republican), and Saud Anwar (Democratic).
What is the current status of SB 1103?
This bill has been enacted into law. Introduced February 23, 2023. Enacted.
Where can I track SB 1103?
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