S3742

SENATE, No. 3742

STATE OF NEW JERSEY

221st LEGISLATURE

INTRODUCED OCTOBER 7, 2024

 


 

Sponsored by:

Senator TROY SINGLETON

District 7 (Burlington)

 

 

 

 

SYNOPSIS

Requires artificial intelligence companies to conduct safety tests and report results to Office of Information Technology.

 

CURRENT VERSION OF TEXT

As introduced.


An Act concerning artificial intelligence safety tests and supplementing Title 52 of the Revised Statutes.

 

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

1. a. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

Artificial intelligence means an artificial intelligence system:

a. that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets;

b. developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action;

c. designed to think or act like a human, including an artificial intelligence system that has cognitive architectures and neural networks;

d. that uses a set of techniques, including machine learning, that is designed to approximate a cognitive task; or

e. designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.

Artificial intelligence company means a private entity or public agency that sells, develops, deploys, uses, or offers for sale in this State artificial intelligence technology.

Artificial intelligence technology means a product or service that primarily uses artificial intelligence to perform its intended function.

Safety test means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats.

b. The Office of Information Technology shall:

(1) establish minimum requirements for an artificial intelligence safety test for artificial intelligence technology sold, developed, deployed, used, or offered for sale in this State that is conducted by an artificial intelligence company pursuant to subsection c. of this section, which requirements shall include but not be limited to:

(a) an analysis of potential cybersecurity threats and vulnerabilities;

(b) an analysis of an artificial intelligence technologys data sources and potential sources of bias, incorrect or inaccurate information, or violations of State or federal criminal, copyright, patent, or trade secret laws; and

(c) descriptions of possible remedies or defensive measures that can be taken by the artificial intelligence company to address all potential cybersecurity threats and vulnerabilities, potential sources of bias, incorrect or inaccurate information, or potential violations of State or federal criminal, copyright, patent, or trade secret laws identified during the conducting of the safety test; and

(2) review each annual report required to be submitted by an artificial intelligence company pursuant to subsection c. of this section.

c. An artificial intelligence company shall annually subject all artificial intelligence technology sold, developed, deployed, used, or offered for sale in this State to a safety test that adheres to the requirements established pursuant to subsection b. of this section and submit a report to the Office of Information Technology containing:

(1) a list of all artificial intelligence technologies tested;

(2) a description of each safety test conducted, including the safety tests adherence to the requirements established pursuant to subsection b. of this section;

(3) a list of all third parties used to conduct safety tests, if any; and

(4) the results of each safety test administered.

 

2. The Office of Information Technology shall, in consultation with the Chief Innovation Officer and the Director of the New Jersey Office of Homeland Security and Preparedness, adopt, pursuant to the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the provisions of P.L.    , c.     (C.        ) (pending before the Legislature as this bill).

 

3. This act shall take effect on the first day of the sixth month next following enactment.

 

 

STATEMENT

 

This bill requires the Office of Information Technology to establish minimum requirements for an artificial intelligence safety test and requires artificial intelligence companies to subject artificial intelligence technology to a safety test and report the safety test results to the Office of Information Technology. The bill also requires the Office of Information Technology to review each annual report submitted by an artificial intelligence company. An artificial intelligence company is defined as a private entity or public agency that sells, develops, deploys, uses, or offers for sale artificial intelligence technology in the State of New Jersey.

Under this bill, artificial intelligence companies are required to annually subject all artificial intelligence technology sold, developed, deployed, used, or offered for sale in the State to a safety test and submit a report to the Office of Information Technology containing: (1) a list of all artificial intelligence technologies tested; (2) a description of all safety tests conducted; (3) a list of all third parties used to conduct safety tests, if any; and (4) the results of all safety tests administered.