Bill Text: CA SB892 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public contracts: automated decision systems: procurement standards.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2024-09-20 - In Senate. Consideration of Governor's veto pending. [SB892 Detail]

Download: California-2023-SB892-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 892

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Introduced by Senator Padilla

January 03, 2024

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An act to add Section 12100.1 to the Public Contract Code, relating to public contracts.

LEGISLATIVE COUNSEL'S DIGEST

SB 892, as introduced, Padilla. Public contracts: artificial intelligence services: safety, privacy, and nondiscrimination standards.

Existing law requires all contracts for the acquisition of information technology goods and services related to information technology projects, as defined, to be made by or under the supervision of the Department of Technology. Existing law requires all other contracts for the acquisition of information technology goods or services to be made by or under the supervision of the Department of General Services. Under existing law, both the Department of Technology and the Department of General Services are authorized to delegate their authority to another agency, as specified.

This bill would require the Department of Technology to establish safety, privacy, and nondiscrimination standards relating to artificial intelligence services, as defined. Commencing August 1, 2025, the bill would prohibit a contract for artificial intelligence services, as defined, from being entered into by the state unless the provider meets those standards.

This bill would require the Department of Technology to report to the Legislature regarding the standards it establishes, as specified.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 12100.1 is added to the Public Contract Code, to read:

12100.1.

 (a) The Department of Technology shall establish safety, privacy, and nondiscrimination standards relating to artificial intelligence services.

(b) (1) The Department of Technology shall report to the Legislature regarding the safety, privacy, and nondiscrimination standards it establishes and shall describe the ability of these standards to ensure nondiscriminatory policy within the algorithm of the artificial intelligence service, to ensure privacy rights are embedded into the artificial intelligence service, and to ensure safety mechanisms are in place regarding the artificial intelligence service.

(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.

(3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

(c) Commencing August 1, 2025, no contract for artificial intelligence services shall be entered into by the state unless the provider for the artificial intelligence service meets safety, privacy, and nondiscrimination standards established by the Department of Technology.

(d) For purposes of this section, “artificial intelligence” means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment.