HB147: HB147 Georgia Technology Authority; annual inventory of artificial intelligence usage by state agencies; provide

26 LC 64 0102S The Senate Committee on Science and Technology offered the following substitute to HB 147: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Of ficial Code of Georgia1 Annotated, relating to general authority, duties, and procedure of the Department of2 Administrative services relative to state purchasing, so as to prohibit a governmental entity3 from entering into contracts for the licensing of software appl ications that limit such4 governmental entity's ability to install or run such software applications on certain desktop5 or server hardware of such governmental entity's choosing; to amend Chapter 25 of Title 506 of the Official Code of Georgia Annotated, relating to the Geor gia Technology Authority,7 so as to provide for an annual inventory of artificial intelligence usage by state agencies; to8 provide for annual reports of such; to provide for the authorit y to develop and establish9 certain policies; to provide for definitions; to provide for related matters; to provide for an10 effective date and applicability; to repeal conflicting laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Co de of Georgia Annotated,14 relating to general authority, duties, and procedure of the Dep artment of Administrative15 - 1 - 26 LC 64 0102S Services relative to state purchasing, is amended by adding a n ew Code section to read as16 follows:17 "50-5-86.18 (a) As used in this Code section, the term 'governmental entit y' means any department,19 agency, board, bureau, commission, authority, county, municipal corporation, school20 system, or other political subdivision of this state.21 (b) A contract procured by a governmental entity for the licensing of software applications22 designed to run on generally available desktop or server hardwa re shall not limit such23 governmental entity's ability to install or run such software applications on the desktop or24 server hardware of such governmental entity's choosing."25 SECTION 2.26 Chapter 25 of Title 50 of the Official Code of Georgia Annotate d, relating to the Georgia27 Technology Authority, is amended by revising Code Section 50-25-7.9, which is reserved,28 as follows:29 "50-25-7.9.30 (a) As used in this Code section, the term 'artificial intelligence' means a machine based31 system that can, for a given set of human defined objectives, m ake predictions,32 recommendations, or decisions influencing real or virtual envir onments. Artificial33 intelligence systems use machine based and human based inputs to perceive real and virtual34 environments, abstract such perceptions into models through ana lysis in an automated35 manner, and use model inference to formulate options for information or action.36 (b) The authority shall:37 (1) Not later than December 31, 2026, and annually thereafter, conduct an inventory of38 all systems that employ artificial intelligence which are used to inform or materially39 support a conclusion, decision, or judgment made by any agency. Each inventory shall40 include, but not be limited to, the following information for each such system:41 - 2 - 26 LC 64 0102S (A) The name of the system and the vendor, if any, that provided such system;42 (B) A description of the general capabilities and uses of such system; and43 (C) Whether such system underwent an impact assessment prior t o implementation;44 and45 (2) Not later than December 31, 2027, develop and establish po licies and procedures46 concerning the development, procurement, implementation, utiliz ation, and ongoing47 assessment of systems that employ artificial intelligence and are in use by agencies.48 (c) The authority shall prepare an annual report on the inventory of artificial intelligence49 in use by agencies, as provided for in paragraph (1) of subsection (b) of this Code section. 50 Such report shall be made electronically available to the Governor, Lieutenant Governor,51 and members of the House of Representatives and Senate.52 (d) All state agencies shall cooperate with the authority in the administration of this Code53 section. Reserved."54 SECTION 3.55 (a) This Act shall become effective upon its approval by the Governor or upon its becoming56 law without such approval.57 (b) This Act shall apply to all contracts for the licensing of software applications entered into58 by governmental entities on or after the effective date of this Act and to any renewals,59 modifications, or extensions of such agreements entered into on or after such date.60 SECTION 4.61 All laws and parts of laws in conflict with this Act are repealed.62 - 3 -