Rhode Island AI Commission Act

SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND GOVERNMENT" is hereby amended by adding thereto the following chapter: CHAPTER COMMISSION TO MONITOR THE USE OF ARTIFICIAL INTELLIGENCE IN STATE GOVERNMENT

42-165-1. Definitions. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise: (1) "Algorithm" means a specific procedure, set of rules, or order of operations designed to solve a problem or make a calculation, classification, or recommendation. (2) "Artificial intelligence" means computerized methods and tools, including, but not limited to, machine learning and natural language processing, that act in a way that resembles human cognitive abilities when it comes to solving problems or performing certain tasks. (3) "Automated decision system" means any computer program, method, statistical model, or process that aims to aid or replace human decision-making using algorithms or artificial intelligence. These systems can include analyzing complex datasets about human populations and government services or other activities to generate scores, predictions, classifications, or recommendations used by agencies to make decisions that impact human welfare. (4) "Office," "Rhode Island," or "state" means any agency, constitutional office, department, board, commission, bureau, division or authority of the State of Rhode Island, or of any political subdivision thereof, or of any authority established by the general assembly to serve a public purpose. (5) "Source code" means the structure of a computer program that can be read and understood by people. (6) "Training data" means the data used to inform the development of an automated decision system and the decisions or recommendations it generates.

42-165-2. Commission established. (a) There is hereby established within the department of administration a permanent commission to monitor the use of artificial intelligence in state government, for the purpose of continuously studying, monitoring, and making recommendations relative to the use by the state of automated decision systems that may affect human welfare, including, but not limited to, the legal rights and privileges of individuals.

(b) In carrying out its work, the commission shall examine the following on an ongoing basis: (1) A complete and specific survey of all uses of automated decision systems by the State of Rhode Island and the purposes for which such systems are used; (2) The principles, policies, and guidelines adopted by specific Rhode Island offices to inform the procurement, evaluation, and use of automated decision systems, the procedures by which such principles, policies, and guidelines are adopted, and any gaps in such principles, policies, and guidelines; (3) The training specific Rhode Island offices provide to individuals using automated decision systems, the procedures for enforcing the principles, policies, and guidelines regarding their use, and any gaps in training or enforcement; (4) The manner by which Rhode Island offices validate and test the automated decision systems they use, and the manner by which they evaluate those systems on an ongoing basis, specifying the training data, input data, systems analysis, studies, vendor or community engagement, third parties, or other methods used in such validation, testing, and evaluation;

(5) Matters related to the transparency, explicability, auditability, and accountability of automated decision systems, including information about their structure; the processes guiding their procurement, implementation and review; whether they can be audited externally and independently; and the people who operate such systems and the training they receive; (6) The manner and extent to which Rhode Island offices make the automated decision systems they use available to external review, and any existing policies, laws, procedures, or guidelines that may limit external access to data or technical information that is necessary for audits, evaluation, or validation of such systems; (7) The due process rights of individuals directly affected by automated decision systems, and the public disclosure and transparency procedures necessary to ensure such individuals are aware of the use of the systems and understand their related due process rights; (8) Uses of automated decision systems that directly or indirectly result in disparate outcomes for individuals or communities based on age, race, creed, color, religion, national origin, gender, disability, sexual orientation, marital status, veteran status, receipt of public assistance, economic status, location of residence, or citizenship status;

(9) Technical, legal, or policy controls to improve the just and equitable use of automated decision systems and mitigate any disparate impacts deriving from their use, including best practices and policies developed through research and academia or in other states and jurisdictions; (10) Matters related to data sources, data sharing agreements, data security provisions, compliance with data protection laws and regulations, and all other issues related to how data is protected, used, and shared by agencies using automated decision systems; (11) Matters related to automated decision systems and intellectual property, such as the existence of non-disclosure agreements, trade secrets claims, and other proprietary interests, and the impacts of intellectual property considerations on transparency, explicability, auditability, accountability, and due process; and (12) Any other opportunities and risks associated with the use of automated decision systems by Rhode Island offices.

42-165-3. Composition. (a) The commission shall consist of the secretary of commerce, or designee; the director of the department of administration, or designee, who shall be the chairperson of the commission; the director of the department of business regulation, or designee; the chief justice of the state supreme court or designee; the attorney general or designee; the director of the department of children, youth, and families, or designee; the secretary of the executive office of health and human services, or designee; the Rhode Island public defender, or designee; the president of the Rhode Island Bar Association or designee; four (4) representatives from academic institutions in the state who shall be experts in: (1) Artificial intelligence and machine learning; (2) Data science and information policy; (3) Social implications of artificial intelligence and technology; or (4) Technology and the law, to be appointed by the governor, after consulting with the commissioner of post-secondary education; the commissioner of elementary and secondary education, or designee; and one representative to be appointed by the board of education;

(b) Members of the commission shall be appointed within forty-five (45) days of the effective date of this chapter. The commission shall meet at the call of the chair based on the commission's workload but not fewer than six (6) times per calendar year. Members who are secretaries, directors, elected officials, commissioners, and members of the judiciary, as well as the president of the Rhode Island Bar Association and the public defender, shall serve for so long as they hold their position. All other members shall be appointed for a term of three (3) years, which appointments may be renewed.

42-165-4. Annual report. The commission shall submit an annual report by December 31 of each year to the governor and to the clerks of the house of representatives and the senate. The report will be a public record and it shall include, but not be limited to, a description of the commission's activities and any community engagement undertaken by the commission, the commission's findings, and any recommendations for regulatory or legislative action, including recommendations about areas where Rhode Island offices ought to use and not to use automated decision systems, with a timeline for implementation, cost estimates and finance mechanisms. The report shall also detail the extent of algorithmic decision-making used by the State of Rhode Island and the progress made toward implementing any previous recommendations issued by the commission. SECTION 2. This act shall take effect upon passage.