Connecticut § 4-68jj - State agency use of artificial intelligence. Policies and procedures. Impact assessments.

§ 4-68jj. State agency use of artificial intelligence. Policies and procedures. Impact assessments.

Sec. 4-68jj. State agency use of artificial intelligence. Policies and procedures. Impact assessments. (a) For the purposes of this section:

(1) “Artificial intelligence” means (A) an artificial system that (i) performs tasks under varying and unpredictable circumstances without significant human oversight or can learn from experience and improve such performance when exposed to data sets, (ii) is developed in any context, including, but not limited to, software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication or physical action, or (iii) is designed to (I) think or act like a human, including, but not limited to, a cognitive architecture or neural network, or (II) act rationally, including, but not limited to, an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communication, decision-making or action, or (B) a set of techniques, including, but not limited to, machine learning, that is designed to approximate a cognitive task; and

(2) “State agency” has the same meaning as provided in section 4d-1.

(b) (1) Not later than February 1, 2024, the Office of Policy and Management shall 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 state agencies. Such policies and procedures shall, at a minimum, include policies and procedures that:

(A) Govern the procurement, implementation and ongoing assessment of such systems by state agencies;

(B) Are sufficient to ensure that no such system (i) results in any unlawful discrimination against any individual or group of individuals, or (ii) has any unlawful disparate impact on any individual or group of individuals on the basis of any actual or perceived differentiating characteristic, including, but not limited to, age, genetic information, color, ethnicity, race, creed, religion, national origin, ancestry, sex, gender identity or expression, sexual orientation, marital status, familial status, pregnancy, veteran status, disability or lawful source of income;

(C) Require a state agency to assess the likely impact of any such system before implementing such system; and

(D) Provide for the Department of Administrative Services to perform ongoing assessments of such systems to ensure that no such system results in any unlawful discrimination or disparate impact described in subparagraph (B) of this subdivision.

(2) The Office of Policy and Management may revise the policies and procedures established pursuant to subdivision (1) of this subsection if the Secretary of the Office of Policy and Management determines, in said secretary's discretion, that such revision is necessary.

(3) The Office of Policy and Management shall post the policies and procedures established pursuant to subdivision (1) of this subsection, and any revision made to such policies and procedures pursuant to subdivision (2) of this subsection, on the office's Internet web site.

(c) Beginning on February 1, 2024, no state agency shall implement any system that employs artificial intelligence (1) unless the state agency has performed an impact assessment, in accordance with the policies and procedures established pursuant to subsection (b) of this section, to ensure that such system will not result in any unlawful discrimination or disparate impact described in subparagraph (B) of subdivision (1) of subsection (b) of this section, or (2) if the head of such state agency determines, in such agency head's discretion, that such system will result in any unlawful discrimination or disparate impact described in subparagraph (B) of subdivision (1) of subsection (b) of this section.

(P.A. 23-16, S. 2.)

History: P.A. 23-16 effective July 1, 2023.

Secs. 4-68kk to 4-68zz. Reserved for future use.