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 Official Code of Georgia
Annotated, relating to general authority, duties, and procedure of the Department of
Administrative services relative to state purchasing, so as to prohibit a governmental entity
from entering into contracts for the licensing of software applications that limit such
governmental entity's ability to install or run such software applications on certain desktop
or server hardware of such governmental entity's choosing; to amend Chapter 25 of Title 50
of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority,
so as to provide for an annual inventory of artificial intelligence usage by state agencies; to
provide for annual reports of such; to provide for the authority to develop and establish
certain policies; to provide for definitions; to provide for related matters; to provide for an
effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated,
relating to general authority, duties, and procedure of the Department of Administrative
Services relative to state purchasing, is amended by adding a new Code section to read as
follows:
<ins>"50-5-86.
(a) As used in this Code section, the term 'governmental entity' means any department,
agency, board, bureau, commission, authority, county, municipal corporation, school
system, or other political subdivision of this state.
(b) A contract procured by a governmental entity for the licensing of software applications
designed to run on generally available desktop or server hardware shall not limit such
governmental entity's ability to install or run such software applications on the desktop or
server hardware of such governmental entity's choosing."
</ins> SECTION 2.
Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia
Technology Authority, is amended by revising Code Section 50-25-7.9, which is reserved,
as follows:
"50-25-7.9.
<ins>(a) As used in this Code section, the term 'artificial intelligence' means a machine based
system that can, for a given set of human defined objectives, make predictions,
recommendations, or decisions influencing real or virtual environments. Artificial
intelligence systems use machine based and human based inputs to perceive real and virtual
environments, abstract such perceptions into models through analysis in an automated
manner, and use model inference to formulate options for information or action.
(b) The authority shall:
(1) Not later than December 31, 2026, and annually thereafter, conduct an inventory of
all systems that employ artificial intelligence which are used to inform or materially
support a conclusion, decision, or judgment made by any agency. Each inventory shall
include, but not be limited to, the following information for each such system:
</ins>
<ins>(A) The name of the system and the vendor, if any, that provided such system;
(B) A description of the general capabilities and uses of such system; and
(C) Whether such system underwent an impact assessment prior to implementation;
and
(2) Not later than December 31, 2027, 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 agencies.
(c) The authority shall prepare an annual report on the inventory of artificial intelligence
in use by agencies, as provided for in paragraph (1) of subsection (b) of this Code section.
Such report shall be made electronically available to the Governor, Lieutenant Governor,
and members of the House of Representatives and Senate.
(d) All state agencies shall cooperate with the authority in the administration of this Code
section.</ins> <del>Reserved."
</del> SECTION 3.
(a) This Act shall become effective upon its approval by the Governor or upon its becoming
law without such approval.
(b) This Act shall apply to all contracts for the licensing of software applications entered into
by governmental entities on or after the effective date of this Act and to any renewals,
modifications, or extensions of such agreements entered into on or after such date.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.