Measures introduced in this year’s legislative session seek to regulate artificial intelligence in state technology programs. 

Assembly Bill 302 (Ward – D) would require the California Department of Technology (CDT) to conduct a statewide inventory of all “high-risk automated decision systems” being used by state agencies, including identifying categories of data and personal information being used to make government decisions. 

Another measure, Assembly Bill 331 by Assembly Member Rebecca Bauer-Kahan would create guidelines regarding the future use of artificial intelligence as it relates to algorithmic discrimination.

“[t]his bill would state the intent of the Legislature to enact legislation relating to the use of artificial intelligence in accordance with prescribed principles relating to safety and effectiveness, algorithmic discrimination, notice and explanation of use, and human alternatives, consideration, or fallback,” says the bill.

Currently, existing law, as part of the California Fair Employment and Housing Act, ensures all persons the right to seek employment regardless of factors ranging from race and disability to gender identity.

While artificial intelligence takes a more prominent role in technology discourse following the unveiling of ChatGPT, an AI chatbot, the fast-paced growth and sophistication of the tech may be outpacing the state’s ability to regulate it in a way that safeguards its citizens.

On Feb. 7, Senator Bill Dodd of Napa introduced his own legislation (SB 313) that follows up with President Biden’s proposed AI Bill of Rights.  The measure would create the Office of Artificial Intelligence within the CDT with “powers and authorities necessary to guide the design, use, and deployment of automated systems by a state agency.”