HB4836 103RD GENERAL ASSEMBLY

LRB103 37021 MXP 67136 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4836

Introduced 2/7/2024, by Rep. Abdelnasser Rashid

SYNOPSIS AS INTRODUCED:

20 ILCS 5/5-735 new

Amends the Departments of State Government Law of the Civil Administrative Code of Illinois. Provides that all State agency artificial intelligence systems or State-funded artificial intelligence systems must follow the trustworthiness, equity, and transparency standards framework established by the National Institute for Standards and Technology's AI Risk Management Framework. Specifies timeframes for compliance. Requires a State agency or an entity deploying a State-funded artificial intelligence system to submit a National Institute for Standards and Technology-based algorithmic impact assessment to the General Assembly, the Illinois Auditor General, and the Department of Innovation and Technology, the submission of which shall be overseen by a chief artificial intelligence officer or chief intelligence officers appointed at the discretion of the chief executive officer of each State agency submitting the report or the entity deploying a State-funded artificial intelligence system that is submitting the report. Requires algorithmic impact assessments to be submitted for all covered algorithms used by a State agency or entity deploying a State-funded artificial intelligence system. Requires the Department of Innovation and Technology to create 2 standardized algorithmic impact assessments, one for State agencies and one for entities deploying a State-funded artificial intelligence system, and includes requirements for the assessment. Effective immediately.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Civil Administrative Code of Illinois is amended by adding Section 5-735 as follows:

(20 ILCS 5/5-735 new)

Sec. 5-735. Artificial intelligence systems.

(a) All State agency artificial intelligence systems or State-funded artificial intelligence systems must follow the trustworthiness, equity, and transparency standards framework established by the National Institute for Standards and Technology's AI Risk Management Framework as follows:

(1) on and after the effective date of this amendatory Act of the 103rd General Assembly, State agencies State-funded artificial intelligence systems must refer to the National Institute for Standards and Technology's AI Risk Management Framework when developing new AI systems;

(2) no later than one year after the effective date of this amendatory Act of the 103rd General Assembly, State agencies and entities managing State-funded artificial intelligence systems must submit National Institute for Standards and Technology-based algorithmic impact assessments for all artificial intelligence systems in use as provided in subsection (b); and

(3) prior to the deployment of an artificial intelligence system and after completion of the State agency's evaluation process or after completion of the evaluation process by an entity deploying a State-funded artificial intelligence system, a National Institute for Standards and Technology-based algorithmic impact assessment must be submitted under subsection (b).

(b) In order to ensure compliance with National Institute for Standards and Technology standards, a State agency or an entity deploying a State-funded artificial intelligence system must submit a National Institute for Standards and Technology-based algorithmic impact assessment to the General Assembly, the Illinois Auditor General, and the Department of Innovation and Technology as provided in paragraphs (2) and (3) of subsection (a). The algorithmic impact assessment must be overseen by a chief artificial intelligence officer or chief intelligence officers appointed at the discretion of the chief executive officer of each State agency submitting the report or the entity deploying a State-funded artificial intelligence system that is submitting the report. Algorithmic impact assessments must be submitted for all covered algorithms used by a State agency or entity deploying a State-funded artificial intelligence system.

If no artificial intelligence system is being used by a State agency or an entity receiving State funds, there is no expectation for algorithmic impact assessment submissions under this subsection.

(c) The Department of Innovation and Technology must create 2 standardized algorithmic impact assessments, one for State agencies and one for entities deploying a State-funded artificial intelligence system. Both standardized algorithmic impact assessments must use evaluation metrics that incorporate National Institute for Standards and Technology standards.

For State agencies, the standardized algorithmic impact assessment must be modeled after the federal National Environmental Policy Act (42 U.S.C. 4321 et seq.) impact assessments and must include a public comment period. If a comment is received that raises a concern or a member of the General Assembly, the Illinois Auditor General, or a representative of the Department raises a concern about a State agency's artificial intelligence system regarding algorithmic impact assessment results, the Department may either permanently discontinue the artificial intelligence system or withhold operations until specific modifications are met.

For entities deploying a State-funded artificial intelligence system, the standardized algorithmic impact assessment must be modeled after the federal National Environmental Policy Act (42 U.S.C. 4321 et seq.) impact assessments, but no public comment period may be included. If a member of the General Assembly, the Illinois Auditor General, or a representative of the Department raises a concern about a State-funded artificial intelligence system regarding algorithmic impact assessment results, the Department may either permanently discontinue State funding for the project or withhold funding until specific modifications are met. If the Department discontinues or withholds funding under this paragraph, the Department must notify the Comptroller, Treasurer, and the State department that awarded the funding.

Section 99. Effective date. This Act takes effect upon becoming law.