California Legislative Bills Target Artificial Intelligence

Troutman Pepper

[co-author: Stephanie Kozol]

On February 6 and January 30 respectively, Senator Bill Dodd (D) introduced Senate Bill 313 (SB 313), and Assemblymember Rebecca Baur-Kahan (D) initiated Assembly Bill 331 (AB 331) on artificial intelligence (AI).

Although both have preliminary text, Senator Dodd’s bill currently contains a significantly more robust submission. If passed, SB 313 would establish the Office of Artificial Intelligence within the already existing California Department of Technology to guide the design and state’s use of AI systems, while simultaneously informing individuals when AI is used. Notably, this bill would only apply to the state’s use of AI as opposed to public use.

Assemblymember Rebecca Baur-Kahan’s AB 331 currently only contains about a paragraph. However, if passed, the bill would explain the legislature’s intent to enact legislation regarding the use of AI. Specifically, the legislature would commit to passing the Artificial Intelligence Act to ensure safe and effective AI systems, address algorithmic discrimination, ensure notice when using automated systems, and consider human alternatives.

Why It Matters

These bills come on the heels of an October 2022 letter that California Attorney General Rob Bonta sent to hospital CEOs on potential bias in AI in the medical industry. California and other states continue to show interest and concern regarding how AI is used to inform decisions.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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