Thursday, February 29, 2024

State House committee tackles, passes several AI regulation bills

House Committee Passes Numerous AI Regulation Bills

OKLAHOMA CITY (February 20th) – The Oklahoma House Government Modernization and Technology Committee passed numerous artificial intelligence (AI) regulation bills on Tuesday [February 20th].

House Bill 3453, authored by Rep. Jeff Boatman, R-Tulsa, would establish the Oklahoma Artificial Intelligence Bill of Rights, which defines "artificial intelligence" and "real person." The bill also outlines eight ways Oklahomans are entitled to information about the use of AI, such as the right to know when they're interacting with an AI engine rather than a real person and the right to opt out of their data being used in an AI model.

"In the age of AI, transparency is paramount," said Boatman, who chairs the committee. "The Oklahoma Artificial Intelligence Bill of Rights empowers Oklahomans and ensures citizens have the right to understand AI interactions and protect their privacy and data."

House Bill 3577, authored by Rep. Daniel Pae, R-Lawton, establishes the Artificial Intelligence Utilization Review Act. The measure would require healthcare insurance companies to disclose any use of artificial intelligence-based algorithms in their utilization review process to healthcare providers, covered persons and the general public. The disclosure must be made on the insurer's website, and the company is required to submit the algorithms and training data sets to the Oklahoma Insurance Department. Additionally, specialists participating in utilization reviews using AI algorithms must document individual clinical records before making denial decisions.

"AI is still new and it's no doubt still flawed to some degree," Pae said. "By mandating disclosure and documentation, we can better safeguard against potential biases within AI systems in healthcare decisions."

In October, Pae and Rep. Arturo Alonso-Sandoval, D-Oklahoma City, led an interim study on the ethical, legal and societal implications of AI implementation, including privacy, bias and algorithmic transparency.

During Tuesday's meeting, Alonso-Sandoval passed legislation prohibiting the use of deepfakes during elections. House Bill 3825 prohibits the dissemination of deceptive deepfake media within 90 days of an election, except when a clear disclosure is provided. The measure provides definitions of synthetic media and deceptive and fraudulent deepfake. Violators may face penalties, but exceptions exist for news broadcasts, publications and satire.

Alonso-Sandoval also passed House Bill 3828, which requires the Office of Management and Enterprise Services (OMES) and the Administrative Office of the Courts to inventory all systems that use AI by Dec. 31, 2024 and each following year. State agencies that do not use OMES must inventory their own systems and post the inventory list on their website. The bill also would require assessments of agencies' AI systems to ensure the systems do not discriminate.

"Artificial Intelligence has become an integral part of our day-to-day lives, touching everything from our personal routines to our statewide systems," Alonso-Sandoval said. "Recognizing the advantages and acknowledging the challenges that AI presents, I remain committed to bipartisan collaboration to position Oklahoma as a leader in this field. Our state has made great strides in integrating AI responsibly, always with the welfare of our citizens as the guiding principle. HB3828 and HB3825 reflect our dedication to transparency in AI adoption, granting Oklahomans the clear right to know when they are interacting with AI-driven platforms or viewing AI-generated content while also ensuring they are properly vetted for potential bias and discrimination."

All four bills passed the committee unanimously and are now available to be considered on the House floor.

Earlier this month, the House Judiciary – Criminal Committee approved House Bill 3073 by Rep. Neil Hays, R-Checotah, which criminalizes publishing or distributing digitized representations of another individual's name, image, voice or likeness without their written consent and with the intent to harm. HB3073 is also eligible to be heard on the House floor.


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