1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3828 By: Alonso-Sandoval
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6 AS INTRODUCED
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7 An Act relating to state government; providing
7 definitions; directing the Office of Management and
8 Enterprise Services to conduct certain inventory;
8 providing required information; directing inventory
9 to be made publicly available; directing certain
9 ongoing assessments be made of artificial
10 intelligence systems; directing for development of
10 certain policies and procedures; requiring certain
11 policies be included; permitting revision of policies
11 and procedures; requiring policies and procedures be
12 posted; prohibiting the implementation of artificial
12 intelligence without following certain procedures or
13 determinations; requiring the Administrative Office
13 of the Courts to conduct certain inventory; providing
14 for codification; and providing an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. NEW LAW A new section of law to be codified
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18 in the Oklahoma Statutes as Section 10101 of Title 74, unless there
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19 is created a duplication in numbering, reads as follows:
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20 As used in this act:
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21 1. "Artificial intelligence" means:
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22 a. an artificial system that:
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23 (1) performs tasks under varying and unpredictable
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24 circumstances without significant human oversight
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 1 or can learn from experience and improve such
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2 performance when exposed to data sets,
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3 (2) is developed in any context, including, but not
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4 limited to, software or physical hardware, and
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5 solves tasks requiring human-like perception,
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6 cognition, planning, learning, communication or
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7 physical action, or
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8 (3) is designed to:
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9 (a) think or act like a human, including, but
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10 not limited to, a cognitive architecture or
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11 neural network, or
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12 (b) act rationally, including, but not limited
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13 to, an intelligent software agent or
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14 embodied robot that achieves goals using
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15 perception, planning, reasoning, learning,
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16 communication, decision-making or action, or
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17 b. a set of techniques, including, but not limited to,
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18 machine learning, that is designed to approximate a
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19 cognitive task; and
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20 2. "State agency" means each department, board, council,
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21 commission, institution, or other agency of the executive branch of
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22 the state government, provided each board, council, commission,
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23 institution, or other agency included by law within any given
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 1 department shall be deemed a division of that department. The term
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2 "state agency" shall include:
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3 a. the offices of the Governor, Lieutenant Governor,
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4 Treasurer, Attorney General, Secretary of State and
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5 Comptroller, and
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6 b. all operations of an executive branch agency which are
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7 funded by either the General Revenue Fund or a special
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8 fund.
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9 SECTION 2. NEW LAW A new section of law to be codified
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10 in the Oklahoma Statutes as Section 10102 of Title 74, unless there
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11 is created a duplication in numbering, reads as follows:
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12 A. Not later than December 31, 2024, and annually thereafter,
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13 the Office of Management and Enterprise Services (OMES) shall
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14 conduct an inventory of all systems that employ artificial
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15 intelligence and are in use by any state agency that uses OMES's
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16 services. Any agency that does not use OMES's services shall
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17 conduct their own inventory. Each such inventory shall include at a
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18 minimum the following information for each such system:
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19 1. The name of such system and the vendor, if any, that
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20 provided such system;
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21 2. A description of the general capabilities and uses of such
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22 system;
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23 3. Whether such system was used to independently make, inform,
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24 or materially support a conclusion, decision, or judgment; and
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 1 4. Whether such system underwent an impact assessment prior to
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2 implementation.
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3 B. The Office of Management and Enterprise Services or agencies
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4 that do not use OMES's services shall make each inventory conducted
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5 pursuant to subsection A of this section publicly available on their
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6 website.
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7 SECTION 3. NEW LAW A new section of law to be codified
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8 in the Oklahoma Statutes as Section 10103 of Title 74, unless there
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9 is created a duplication in numbering, reads as follows:
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10 A. Beginning on February 1, 2025, the Office of Management and
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11 Enterprise Services (OMES) or any agency that does not use OMES's
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12 services shall perform ongoing assessments of systems that employ
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13 artificial intelligence and are in use by state agencies to ensure
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14 that no such system shall result in any unlawful discrimination or
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15 disparate impact described in subsection B of this section.
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16 B. Not later than February 1, 2025, the Office of Management
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17 and Enterprise Services shall develop and establish policies and
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18 procedures concerning the development, procurement, implementation,
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19 utilization, and ongoing assessment of systems that employ
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20 artificial intelligence and are in use by state agencies. Such
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21 policies and procedures shall, at a minimum, include policies and
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22 procedures that:
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23 1. Govern the procurement, implementation, and ongoing
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24 assessment of such systems by state agencies;
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 1 2. Are sufficient to ensure that no such system:
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2 a. results in any unlawful discrimination against any
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3 individual or group of individuals, or
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4 b. has any unlawful disparate impact on any individual or
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5 group of individuals on the basis of any actual or
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6 perceived differentiating characteristics, including,
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7 but not limited to, age, genetic information, color,
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8 ethnicity, race, creed, religion, national origin,
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9 ancestry, sex, gender identity or expression, sexual
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10 orientation, marital status, familial status,
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11 pregnancy, veteran status, disability, or lawful
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12 source of income;
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13 3. Require a state agency to assess the likely impact of any
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14 such system before implementing such system; and
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15 4. Provide for the Office of Management and Enterprise Services
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16 or any agency that does not use OMES's services to perform ongoing
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17 assessments of such systems to ensure that no such system results in
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18 any unlawful discrimination or disparate impact described in
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19 paragraph 2 of this subsection.
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20 C. The Office of Management and Enterprise Services may revise
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21 policies and procedures established in this act if such revision is
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22 deemed necessary by the Executive Director.
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23 D. The Office of Management and Enterprise Services shall post
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24 policies and procedures established pursuant to this act and any
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 1 revision made to such policies and procedures pursuant to subsection
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2 C on the agency's website.
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3 E. Beginning on February 1, 2025, no state agency shall
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4 implement any system that employs artificial intelligence:
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5 1. Unless the state agency has performed an impact assessment,
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6 in accordance with the policies and procedures established pursuant
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7 to this act, to ensure that such system will not result in any
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8 unlawful discrimination or disparate impact described herein; or
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9 2. If the head of such state agency determines, at their
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10 discretion, that such system will result in any unlawful
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11 discrimination or disparate impact described in this act.
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12 SECTION 4. NEW LAW A new section of law to be codified
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13 in the Oklahoma Statutes as Section 10104 of Title 74, unless there
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14 is created a duplication in numbering, reads as follows:
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15 A. 1. Not later than December 31, 2024, and annually
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16 thereafter, the Administrative Office of the Courts shall conduct an
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17 inventory of the departments' systems that employ artificial
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18 intelligence. Each such inventory shall include at a minimum the
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19 following information for each such system:
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20 a. the name of such system and the vendor, if any, that
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21 provided such system,
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22 b. a description of the general capabilities and uses of
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23 such system,
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 1 c. whether such system was used to independently make,
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2 inform, or materially support a conclusion, decision,
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3 or judgment, and
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4 d. whether such system underwent an impact assessment
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5 prior to implementation.
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6 2. The Administrative Office of the Courts shall make each
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7 inventory conducted pursuant to this act publicly available on the
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8 Oklahoma Supreme Court's website.
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9 B. 1. Not later than February 1, 2024, The Administrative
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10 Office of the Courts shall develop and establish policies and
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11 procedures concerning the departments' development, procurement,
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12 implementation, utilization, and ongoing assessment of systems that
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13 employ artificial intelligence. Such policies and procedures shall,
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14 at a minimum, include policies and procedures that:
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15 a. govern the departments' procurement, implementation,
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16 and ongoing assessment of such systems,
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17 b. are sufficient to ensure that no such system:
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18 (1) results in any unlawful discrimination against
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19 any individual or group of individuals, or
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20 (2) has any unlawful disparate impact on any
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21 individual or group of individuals on the basis
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22 of any actual or perceived differentiating
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23 characteristics, including, but not limited to,
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24 age, genetic information, color, ethnicity, race,
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 1 creed, religion, national origin, ancestry, sex,
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2 gender identity or expression, sexual
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3 orientation, marital status, familial status,
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4 pregnancy, veteran status, disability, or lawful
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5 source of income,
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6 c. require the department to assess the likely impact of
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7 any such system before implementing such system, and
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8 d. provide for ongoing assessments of such systems to
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9 ensure that no such system results in any unlawful
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10 discrimination or disparate impact described in this
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11 act.
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12 2. The Administrative Office of the Courts may revise the
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13 policies and procedures established pursuant to this act if the
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14 Administrative Director of the Courts determines, in said Director's
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15 discretion, that such revision is necessary.
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16 3. The Administrative Office of the Courts shall post the
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17 policies and procedures established pursuant to this act and any
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18 revisions made to such policies and procedures pursuant to paragraph
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19 2 of this subsection on the Oklahoma Supreme Court's website.
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20 C. Beginning on February 1, 2025, the Administrative Office of
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21 the Courts shall:
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22 1. Not implement any system that employs artificial
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23 intelligence:
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 1 a. unless the department has performed an impact
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2 assessment, in accordance with the policies and
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3 procedures established pursuant to this act, to ensure
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4 that such system will not result in any unlawful
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5 discrimination or disparate impact, or
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6 b. if the Administrative Director of the Courts
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7 determines, in said Director's discretion, that such
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8 system will result in any unlawful discrimination or
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9 disparate impact; and
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10 2. Perform ongoing assessments of the departments' systems that
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11 employ artificial intelligence to ensure that no such system shall
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12 result in any unlawful discrimination or disparate impact.
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13 SECTION 5. This act shall become effective November 1, 2024.
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15 59-2-9310 MJ 01/16/24
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