SB37: SB37 "AI Accountability Act"; enact

25 LC 59 0049 Senate Bill 37 By: Senators Albers of the 56th, Still of the 48th, Esteves of the 35th, Burns of the 23rd, Payne of the 54th and others A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to1 general provisions regarding state government, so as to require that all governmental entities2 develop and maintain artificial intelligence system usage plans; to amend Chapter 12 of Title3 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies,4 so as to create the Georgia Board for Artificial Intelligence; to provide for guidance to5 governmental entities in their development of artificial intelligence system usage plans; to6 provide for the purpose, membership, and duties of such board; to provide for reports; to7 provide for compensation and funding; to provide for definition s; to provide for related8 matters; to provide for a short title; to provide for legislative findings; to repeal conflicting9 laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 This Act shall be known and may be cited as the "AI Accountability Act."13 SECTION 2.14 The General Assembly finds that:15 S. B. 37 - 1 - 25 LC 59 0049 (1) Artificial intelligence ("AI"), the development of computer systems to perform tasks16 that normally require human intelligence, such as learning and decision making, has the17 potential to spur innovation and transform industry and government;18 (2) As the science and technology of AI continue to develop, more products and services19 are utilizing AI in fields such as healthcare, financial servic es, education, housing, and20 transportation. Such utilization may ultimately displace certa in jobs and fields of21 employment;22 (3) There are valid concerns about potential misuse or uninten ded consequences of AI,23 especially without the development and implementation of ethical standards that seek to24 preserve the dignity, autonomy, and self-determination of individuals;25 (4) In the 2023 legislative session, at least 25 states, Puert o Rico, and the District of26 Columbia introduced AI bills, and 18 states and Puerto Rico adopted resolutions or enacted27 legislation in this area; and28 (5) It is important that this state establish policies and pro cedures concerning the29 development, procurement, implementation, utilization, and ongoing assessment of systems30 that employ AI and are in use by state agencies.31 SECTION 3.32 Chapter 1 of Title 50 of the Official Code of Georgia Annotated , relating to general33 provisions regarding state government, is amended by adding a new Code section to read as34 follows:35 "50-1-14.36 (a) As used in this Code section, the term:37 (1) 'Artificial intelligence system' or 'AI system' means an engineered or machine based38 system that emulates the capability of a person to receive audio, visual, text, or any other39 form of information and use the information received to emulate a human cognitive40 process, including, but not limited to, learning, generalizing, reasoning, planning,41 S. B. 37 - 2 - 25 LC 59 0049 predicting, acting, or communicating; provided, however, that a rtificial intelligence42 systems may vary in the forms of information they can receive a nd in the human43 cognitive processes they can emulate.44 (2) 'Governmental entity' means any department, agency, board, bureau, commission,45 authority, county, municipal corporation, school system, or other political subdivision of46 this state.47 (b) Each governmental entity shall be required to publish by D ecember 31, 2026, on a48 public website, and thereafter maintain, a comprehensive artifi cial intelligence system49 usage plan, which shall, at a minimum, include the following:50 (1) Specific goals and objectives for AI system deployment, including the benefits the51 governmental entity aims to achieve;52 (2) Steps taken by the governmental entity to avoid bias and e nsure fairness across53 diverse user groups;54 (3) Data privacy measures implemented in the use of AI systems, including data storage55 and collection protocols;56 (4) Roles and responsibilities for AI system governance within the governmental entity;57 (5) Details of compliance with relevant laws;58 (6) The role of human oversight in AI system processes;59 (7) Training programs for employees of such governmental entity on the safe and ethical60 use of AI systems;61 (8) Protocols for incident response in case of AI system malfu nctions, biases, or62 breaches; and63 (9) Reporting procedures for AI system related incidents to af fected authorities and64 parties."65 S. B. 37 - 3 - 25 LC 59 0049 SECTION 4.66 Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions67 and other agencies, is amended by adding a new article to read as follows:68 "ARTICLE 969 50-12-150.70 As used in this article, the term: 71 (1) 'Board' means the Georgia Board for Artificial Intelligence.72 (2) 'Governmental entity' means any department, agency, board, bureau, commission,73 authority, county, municipal corporation, school system, or other political subdivision of74 this state.75 50-12-151.76 (a) There is created the Georgia Board for Artificial Intelligence. The board shall consist77 of 12 members to be appointed as follows:78 (1) Four members appointed by the Governor;79 (2) Four members appointed by the President of the Senate; and80 (3) Four members appointed by the Speaker of the House of Representatives.81 (b) The members of the board shall be individuals of recognized ability and achievement82 from either public or private positions. All vacancies shall be filled for the unexpired term83 by the original appointing official. Except as otherwise provided in subsection (c) of this84 Code section, members shall serve for terms of four years and s hall be eligible for85 successive appointments by an appoi nting official. Any member with four consecutive86 unexcused absences from regular monthly meetings may be removed from the board by the87 appointing official.88 S. B. 37 - 4 - 25 LC 59 0049 (c) To effect staggered terms of office for members of the boa rd and effective with89 members appointed for terms beginning in 2025, the Governor, the President of the Senate,90 and the Speaker of the House of Representatives shall each appo int two members for91 two-year terms of office, one member for a three-year term of office, and one member for92 a one-year term of office. Thereafter, all members shall be ap pointed to serve four-year93 terms of office.94 (d) The board shall be assigned to the Georgia Technology Authority for administrative95 purposes only, as prescribed in Code Section 50-4-3.96 (e) The Governor shall designate a member to serve as the chairperson of the board for a97 term ending on June 30 of the year following the appointment.98 50-12-152.99 (a) The board shall advise governmental entities through the p ublication of model100 comprehensive artificial intelligence system usage plans as described in subsection (b) of101 Code Section 50-1-14.102 (b) The board, no later than January 1, 2026, and annually thereafter, shall submit to the103 Governor, the President of the Senate, and the Speaker of the House of Representatives a104 report detailing any recommendations along with the model compr ehensive artificial105 intelligence system usage plans required in subsection (a) of this Code section. Any reports106 generated by the board shall be made available to the public on an annual basis by the107 Georgia Technology Authority by posting such reports on the app ropriate governmental108 entity websites.109 50-12-153.110 (a) Board members shall receive no compensation for their services but shall be allowed111 actual and necessary expenses in the performance of their duties. Citizen members shall112 receive a daily expense allowance in the amount specified in su bsection (b) of Code113 S. B. 37 - 5 - 25 LC 59 0049 Section 45-7-21 as well as the mileage or transportation allowa nce authorized for state114 employees. Members appointed to serve on the board who are sta te officials or state115 employees shall receive no compensation for their services on t he board but shall be116 reimbursed for expenses incurred in the performance of their du ties as members of the117 board in the same manner as reimbursements are made in their capacity as state officials118 or state employees. The funds necessary for the reimbursement of the expenses of state119 officials and state employees shall come from funds appropriated to or otherwise available120 to their respective departments.121 (b) Any funds, other than those required for the reimbursement of the expenses of state122 officials and state employees, necessary to carry out this arti cle shall come from funds123 appropriated or otherwise made available to the Georgia Technol ogy Authority for the124 purposes expressed in this article."125 SECTION 5.126 All laws and parts of laws in conflict with this Act are repealed.127 S. B. 37 - 6 -