HB 5899

HOUSE BILL NO. 5899
A bill to create an artificial intelligence governing board and
prescribe its powers and duties; to require the creation of an artificial
intelligence pilot program; to provide for the powers and duties of certain state governmental officers and entities; to create
funds; and to provide for the promulgation of rules.
the people of the state of michigan enact:
Sec. 1. This act may be
cited as the "artificial intelligence pilot program act".
Sec. 3. As used in this
act:
(a) "Artificial intelligence" means a machine-based
system that can, for a given set of human-defined objectives, make predictions,
recommendations, or decisions influencing real or virtual environments, and
that uses machine- and human-based inputs to do all of the following:
(i)
Perceive real and virtual environments.
(ii)
Abstract the perceptions described in subparagraph (i) into models through analysis in an automated
manner.
(iii)
Use model inference to formulate options for information or action.
(b) "Board" means the artificial intelligence
governing board created in section 5.
(c) "Chief information
officer" means that term as defined in section 2 of the cyber civilian
corps act, 2017 PA 132, MCL 18.222.
(d) "Department"
means the department of technology, management, and
budget.
(e) "Director"
means the director of the department or the director's designee.
(f) "Fund" means the artificial
intelligence pilot program fund created in section 9.
(g) "Generative
artificial intelligence" means artificial intelligence that uses
predictive algorithms to create audio, video, code, images, text, simulations,
or other content.
(h) "Pilot
participant" means an employee, agency, or
department of this state that has been approved for the pilot program under
section 7.
(i) "Pilot program"
means the artificial intelligence pilot program created
under section 7.
Sec. 5. (1) The artificial
intelligence governing board is created in the department.
(2) The governor shall appoint the members of the board. The
board must consist of the following members:
(a) One individual with expertise in
artificial intelligence or data science.
(b) One individual with expertise in
ethics, civil rights, or privacy.
(c) One individual who represents
the private sector.
(3) The governor shall appoint the first members of the board
not later than 90 days after the effective
date of this act.
(4) The governor shall appoint 1 of
the first members to a 1-year term, 1 of the first members to a 2-year term, and 1 of the first members to a
3-year term. After the first
appointments, the term of a member of the board is 3 years
or until a successor is appointed under subsection (2), whichever is later.
(5) If a vacancy occurs on the board, the governor shall
appoint an individual to fill the vacancy for the balance of the term.
(6) The governor may remove a member of the board for
incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in
office, or any other good cause.
(7) The governor shall call the first meeting of the board. At
the first meeting, the board shall elect a member as a chairperson and may
elect other officers that it considers necessary or appropriate. The board
shall meet at least quarterly, or more frequently at the call of the
chairperson or at the request of 2 or more
members.
(8) A majority of the members of the board constitute a quorum
for transacting business. A vote in favor by a
majority of the members of the board serving is required for any action
of the board.
(9) The board shall conduct its business in compliance with
the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing that is prepared, owned, used, possessed, or
retained by the board in performing an official function is subject to the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(11) A member of the board is not entitled to compensation for
service on the board, but the board may reimburse a member for actual and
necessary expenses incurred in serving.
(12) The board shall do all of the following:
(a) Provide recommendations
to the department regarding the design and implementation of the pilot program.
(b) Upon the request of the
director, advise the department on a proposed use of generative artificial
intelligence, an application for the pilot program submitted under section 7(5),
or other matters necessary to design or implement the pilot program.
(c) Develop and periodically provide
recommended updates to the ethical guidelines and best practices for the use of
generative artificial intelligence in state government.
(13) The board may do any of the following:
(a) Collect and analyze comments
from subject matter experts in the field of generative artificial intelligence
and other relevant stakeholders of the pilot program.
(b) Advise the department on the promulgation of rules under this
act.
(c) Issue nonbinding guidance to
pilot participants regarding the responsible use of generative artificial
intelligence.
Sec. 7. (1) The department
shall establish and maintain an artificial intelligence pilot program. The
purpose of the pilot program is to enable the use of generative artificial
intelligence by pilot participants. The pilot program must begin not later than
January 1, 2027 and must exist until the department, in consultation with the board and
chief information officer, determines that the purposes of this act have been
fulfilled.
(2) The pilot program, and any use of generative artificial
intelligence in connection with the pilot program, must not do any of the
following:
(a) Carry out or enable an activity that violates the law.
(b) Allow unauthorized access to or use of personal data or
personally identifiable information.
(c) Adversely affect the privacy rights of any individual.
(d) Discriminate in violation of the law.
(3) The board and the department shall consider the extent to
which generative artificial intelligence that is proposed for use in the pilot
program would do any of the following:
(a) Promote innovation.
(b) Create content that is accurate and reliable and does not
contain bias.
(c) Improve the delivery of public services in this state.
(d) Improve the efficiency or effectiveness of the work of
pilot participants.
(e) Benefit the professional development or job skills of employees
of this state.
(f) Place an undue administrative burden on pilot
participants.
(g) Pose a risk to public trust, security, or privacy.
(h) Have the potential to replace,
rather than augment, the judgment of employees of this state.
(4) In designing and implementing the pilot program, the department
shall take all of the following actions:
(a) Review and consider the board's recommendations for the
pilot program.
(b) Create forms and establish policies and procedures for the
pilot program.
(c) Contract with a person to accomplish the purposes of this
act.
(d) Approve or reject applications for the pilot program
submitted under subsection (5).
(e) Develop and maintain training materials for use by pilot
participants.
(f) Perform appropriate testing and auditing of generative
artificial intelligence used in connection with the pilot program.
(g) Provide to the chief information
officer recommended changes to state information technology policies
related to generative artificial intelligence.
(h) Collect and analyze feedback from pilot participants
regarding the pilot program.
(i) Ensure compliance with
applicable state and federal data protection and cybersecurity standards.
(5) An employee, agency, or department of this state may apply
to become a pilot participant by submitting an application to the department in
a form and manner prescribed by the department. A pilot participant shall
comply with the requirements of the pilot program and this act. The director
may withdraw the approval of a pilot participant at any time.
(6) The use of generative artificial
intelligence by a pilot participant under the pilot program is subject to all
of the following:
(a) The procurement and use of the
generative artificial intelligence must comply with all applicable laws, rules,
and guidelines.
(b) If the generative artificial
intelligence does not prevent confidential or other similar information from
being disclosed to persons who are not authorized to access that information,
the pilot participant shall not use confidential or other similar information with
the generative artificial intelligence.
(c) A pilot participant shall not
use restricted information with the generative artificial intelligence.
(d) A pilot participant shall ensure
that a human being reviews each output of the generative artificial
intelligence.
(e) A pilot participant shall not
use generative artificial intelligence unless the generative artificial
intelligence has been approved by the department.
(7) Not later than 180 days
after the conclusion of the pilot program, the department shall submit a
written report to the governor, the secretary of the senate, the clerk of the
house of representatives, and the board. The department shall post the report
on a website that is accessible to the public. The report must include the
department's findings based on the results of the pilot program, including, but
not limited to, all of the following:
(a) The amount of time that pilot
participants saved in their work by using generative artificial intelligence.
(b) Any processes that were made
more efficient by using generative artificial intelligence.
(c) Any identified risks, unintended
consequences, or adverse effects that resulted from the use of generative
artificial intelligence.
Sec.
9. (1) The artificial intelligence pilot program fund is created in the state
treasury.
(2) The state treasurer shall
deposit money and other assets received from any source in the fund. The state
treasurer shall direct the investment of money in the fund and credit interest
and earnings from the investments to the fund.
(3) The department is the
administrator of the fund for audits of the fund.
(4) The department shall expend
money from the fund on appropriation only for the purpose of implementing this
act.
Sec. 11. The department may promulgate rules to
implement this act under the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328.