WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)(1)–(9) As used in this Code section, the term: (1) 'AlgorithmAlgorithm'Algorithm' means a specific procedure, set of rules, or order of operations designed to solve a problem or make a calculation, classification, or recommendation.O.C.G.A. § 50-1-11(a)(1)' means a specific procedure, set of rules, or order of operations designed to solve a problem or make a calculation, classification, or recommendation. (2) 'Automated decision systemAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2)' means any system that uses algorithmsAlgorithm'Algorithm' means a specific procedure, set of rules, or order of operations designed to solve a problem or make a calculation, classification, or recommendation.O.C.G.A. § 50-1-11(a)(1), machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof. (3) 'CommissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3)' means the commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) created by this Code section. (4) 'DeveloperDeveloper'Developer' means the person or entity that made the tool or other automated decision system using artificial intelligence utilized by the state.O.C.G.A. § 50-1-11(a)(4)' means the person or entity that made the tool or other automated decision systemAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2) using artificial intelligence utilized by the state. (5) 'Developmental documentsDevelopmental documents'Developmental documents' means all documents, data, records, and information used by the builder of the tools. Such term also includes any and all policies outlining the usage of the tool as well as validation frequency and methods.O.C.G.A. § 50-1-11(a)(5)' means all documents, data, records, and information used by the builder of the tools. Such term also includes any and all policies outlining the usage of the tool as well as validationValidation'Validation' means the process by which algorithms and automated decision systems are tested and checked for metrics, including but not limited to, accuracy, effectiveness, and bias.O.C.G.A. § 50-1-11(a)(9) frequency and methods. (6) 'Power of examinationPower of examination'Power of examination' means that the commission will have authority to examine the developmental documents, source code, and any documents related to validation, regardless of any trade secret or intellectual property protection defense claimed by the developer.O.C.G.A. § 50-1-11(a)(6)' means that the commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) will have authority to examine the developmental documentsDevelopmental documents'Developmental documents' means all documents, data, records, and information used by the builder of the tools. Such term also includes any and all policies outlining the usage of the tool as well as validation frequency and methods.O.C.G.A. § 50-1-11(a)(5), source codeSource code'Source code' is the original programming instructions of a piece of software, written in the language chosen by one or more programmers. The source code is different than a description of the system and the object code, which is used to execute the software on a computer system.O.C.G.A. § 50-1-11(a)(8), and any documents related to validationValidation'Validation' means the process by which algorithms and automated decision systems are tested and checked for metrics, including but not limited to, accuracy, effectiveness, and bias.O.C.G.A. § 50-1-11(a)(9), regardless of any trade secret or intellectual property protection defense claimed by the developerDeveloper'Developer' means the person or entity that made the tool or other automated decision system using artificial intelligence utilized by the state.O.C.G.A. § 50-1-11(a)(4). (7) 'ReportReport'Report' refers to the official report that the commission is required to make publicly available.O.C.G.A. § 50-1-11(a)(7)' refers to the official reportReport'Report' refers to the official report that the commission is required to make publicly available.O.C.G.A. § 50-1-11(a)(7) that the commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) is required to make publicly available. (8) 'Source codeSource code'Source code' is the original programming instructions of a piece of software, written in the language chosen by one or more programmers. The source code is different than a description of the system and the object code, which is used to execute the software on a computer system.O.C.G.A. § 50-1-11(a)(8)' is the original programming instructions of a piece of software, written in the language chosen by one or more programmers. The source codeSource code'Source code' is the original programming instructions of a piece of software, written in the language chosen by one or more programmers. The source code is different than a description of the system and the object code, which is used to execute the software on a computer system.O.C.G.A. § 50-1-11(a)(8) is different than a description of the system and the object code, which is used to execute the software on a computer system. (9) 'ValidationValidation'Validation' means the process by which algorithms and automated decision systems are tested and checked for metrics, including but not limited to, accuracy, effectiveness, and bias.O.C.G.A. § 50-1-11(a)(9)' means the process by which algorithmsAlgorithm'Algorithm' means a specific procedure, set of rules, or order of operations designed to solve a problem or make a calculation, classification, or recommendation.O.C.G.A. § 50-1-11(a)(1) and automated decision systemsAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2) are tested and checked for metrics, including but not limited to, accuracy, effectiveness, and bias.
Subsection (a) establishes the defined terms for the entire Code section. The definitions scope the bill exclusively to government use: automated decision system is limited to systems used by the state or its subdivisions, and developer is defined as the entity that built the AI tool utilized by the state. Notably, the power of examination definition overrides trade secret and IP defenses, giving the commission access to source code and developmental documents regardless of proprietary claims.
(b)(1) There is hereby created a commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) to be known as the Transparency and Fairness in Automated Decision-Making CommissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3), to review and publicly reportReport'Report' refers to the official report that the commission is required to make publicly available.O.C.G.A. § 50-1-11(a)(7) on this state's use of artificial intelligence and other automated decision systemsAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2) and the effects of such systems, and to develop recommendations and best practices for the use of automated decision systemsAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2) by state agencies.
(b)(2) The commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) shall comprise the following members or their designees: (A) Two members of the House of Representatives, one of whom shall be appointed by that chamber's minority leader; two members of the Senate, one of whom shall be appointed by that chamber's minority leader; (B) The chief justice of the Supreme Court of Georgia; (C) The Attorney General; (D) The commissioner of the Georgia Department of Public Health; (E) The executive director of the Georgia Technology Authority; (F) The executive director of the Georgia Public Safety Training Center; (G) The chief counsel of the Georgia Public Defender Council; (H) Three technologists who specialize and are able to interpret source codeSource code'Source code' is the original programming instructions of a piece of software, written in the language chosen by one or more programmers. The source code is different than a description of the system and the object code, which is used to execute the software on a computer system.O.C.G.A. § 50-1-11(a)(8), consider technological development workflows, and consult regarding validationValidation'Validation' means the process by which algorithms and automated decision systems are tested and checked for metrics, including but not limited to, accuracy, effectiveness, and bias.O.C.G.A. § 50-1-11(a)(9), to be appointed by the governor. Such technologists shall be able to speak to both the capabilities and limitations of automated decision systemsAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2) in order to inform the feasibility of the commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3)'s recommendations; (I) Two representatives from nonprofit organizations focusing on one or more of the following: open government, technology, privacy, ethics, or civil liberties, to be appointed by the governor; and (J) Two members of academic faculty from a secondary education institution in this state who are experts in the development, operation of, and social implications of data science, artificial intelligence, and machine learning, to be appointed by the governor.
(b)(3)–(6) All persons appointed to the commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) shall have expertise in artificial intelligence, technology, ethics, privacy, or computer science. (4) The appointing authorities shall coordinate their appointments to assure that commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of this state. (5) Members of the commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) shall be appointed by August 15, 2022. (6) At its first meeting, the commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) shall elect from among its members a chairperson, vice-chairperson, and secretary.
Subsections (b)(1) through (b)(6) establish the Transparency and Fairness in Automated Decision-Making Commission, define its membership, and set organizational requirements. The commission comprises legislators, state officials, technologists, nonprofit representatives, and academics — all required to have expertise in AI, technology, ethics, privacy, or computer science. Appointing authorities must ensure the commission reflects the state's demographic diversity. Members were to be appointed by August 15, 2022.
(b)(7)(A)–(B) 1 The commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) shall first survey how algorithmsAlgorithm'Algorithm' means a specific procedure, set of rules, or order of operations designed to solve a problem or make a calculation, classification, or recommendation.O.C.G.A. § 50-1-11(a)(1) or other automated decision systemsAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2) are being used by the state. Such survey shall be complete and specific and shall include: (i) The identity of the developerDeveloper'Developer' means the person or entity that made the tool or other automated decision system using artificial intelligence utilized by the state.O.C.G.A. § 50-1-11(a)(4) and pertinent contract terms between the state and the developerDeveloper'Developer' means the person or entity that made the tool or other automated decision system using artificial intelligence utilized by the state.O.C.G.A. § 50-1-11(a)(4); (ii) Any state bodies or subdivisions using automated decision systemsAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2); (iii) The inputs used; (iv) The source of the inputs used; (v) The purposes for which such systems are used; (vi) The validationValidation'Validation' means the process by which algorithms and automated decision systems are tested and checked for metrics, including but not limited to, accuracy, effectiveness, and bias.O.C.G.A. § 50-1-11(a)(9) policies and logic of the automated decision systemAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2); (vii) The data maintenance and deletion policies; and (viii) The potential harms that could arise from the use of the system and how those risks are currently addressed. (B) Inherent in this duty is the power of examination of this commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) to survey and make public the systems used and their developersDeveloper'Developer' means the person or entity that made the tool or other automated decision system using artificial intelligence utilized by the state.O.C.G.A. § 50-1-11(a)(4).
(b)(7)(C) The commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) shall also review the experience other states have had in addressing the challenges of automated decision systemsAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2).
(b)(7)(D) 2 The commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) shall propose recommendations regarding the development and implementation of: (i) The minimum technological standards and principles for all automated decision systemsAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2) used by the state in any capacity; (ii) A uniform data minimization, deletion, and disclosure policy in order to maximize security and minimize unnecessary data exposure; (iii) Procedures in which an individual affected by a decision made by an automated decision systemAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2) used by the state may seek an opportunity to know the basis of such decision, including access to the factors, logic, and techniques that produced the outcome, and the procedures to correct that information or appeal the decision; (iv) Procedures under which an individual may seek human review of an automated decision made about them; (v) Procedures to ensure that automated decision systemsAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2) do not reflect unfair bias or make impermissible discriminatory decisions; (vi) Procedures to ensure that any automated decision systemsAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2) considered by the state are deployed only after an adequate evaluation of such system's purpose and objectives, benefits, and risks is completed; (vii) Procedures to ensure the accuracy, reliability, and validity of decisions made by automated decision systemsAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2) used by the state; (viii) Procedures to establish data provenance and to assure quality and relevance for the data input into algorithmsAlgorithm'Algorithm' means a specific procedure, set of rules, or order of operations designed to solve a problem or make a calculation, classification, or recommendation.O.C.G.A. § 50-1-11(a)(1). (ix) Systems to secure automated decision systemsAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2) against cybersecurity threats; (x) A prohibition on secret profiling; (xi) A prohibition on unitary scoring; (xii) A system to ensure that information relative to automated decision systemsAutomated decision system'Automated decision system' means any system that uses algorithms, machine learning, natural language processing or other artificial intelligence technique to make decisions or assist in decision making for the state or any subdivisions thereof.O.C.G.A. § 50-1-11(a)(2) is continually updated and is readily available to the public; and (xiii) An appropriate and permanent government body to continue work similar to and extending from the work of this commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3).
Subsection (b)(7) assigns the commission's substantive work. It must first conduct a comprehensive survey of how automated decision systems are used by the state, covering developer identity, contract terms, inputs, purposes, validation logic, data policies, and potential harms. The commission also has power of examination over source code and developmental documents. It must then propose recommendations spanning minimum technology standards, data minimization, individual appeal and human review procedures, bias prevention, pre-deployment risk evaluation, data provenance, cybersecurity, prohibitions on secret profiling and unitary scoring, ongoing public transparency, and the establishment of a permanent successor body.
(b)(8)–(9) 3 The commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) shall solicit public input through public hearings and testimony. The commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) shall accept public comments both through a website or email, as well as through physical mail. (9) Comments shall be accepted during the first 12 months of the commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3)'s existence, as well as for 30 days following the publication of its reportReport'Report' refers to the official report that the commission is required to make publicly available.O.C.G.A. § 50-1-11(a)(7) and recommendations.
(b)(10) 4 A dedicated website shall be published and shall include: (A) Information regarding the location, time, and other such relevant notification of any public portions of each meeting of the commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3); (B) A list of the members of the commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3); (C) Contact information; (D) Information on methods to submit comments to the commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3); and (E) The reports of the commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3).
Subsections (b)(8) through (b)(10) require the commission to solicit public input through hearings, testimony, and written comments via website, email, and physical mail. A dedicated website must publish meeting information, member lists, contact information, comment submission methods, and commission reports. Comments must be accepted for the first 12 months of the commission's existence and for 30 days after publication of the report and recommendations.
(b)(11) 5 The commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) shall file a report of its findings pursuant to subparagraph (7)(A) of this subsection, by filing the same with the Clerk of the House of Representatives, the Secretary of the Senate, the chairperson of the House Committee on Ways and Means, and the chairperson of the Senate Finance Committee not later than March 31, 2023. The reportReport'Report' refers to the official report that the commission is required to make publicly available.O.C.G.A. § 50-1-11(a)(7) shall also be made public on the commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3)'s website.
(b)(12) 6 The commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3) shall file a report of its recommendations, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the Clerk of the House of Representatives, the Secretary of the Senate, chairperson of the House Committee on Ways and Means, and the chairperson of the Senate Finance Committee not later than December 31, 2023. Such reportReport'Report' refers to the official report that the commission is required to make publicly available.O.C.G.A. § 50-1-11(a)(7) shall also be made public on the commissionCommission'Commission' means the commission created by this Code section.O.C.G.A. § 50-1-11(a)(3)'s website.
Subsections (b)(11) and (b)(12) set the commission's two reporting deadlines. A findings report on the state's current use of automated decision systems was due by March 31, 2023, and a recommendations report with draft legislation was due by December 31, 2023. Both must be filed with legislative leadership and published on the commission's website.
All laws and parts of laws in conflict with this Act are repealed.
Standard repealer provision stating that all laws and parts of laws in conflict with this Act are repealed.