Vermont H 752: An act relating to pedestrians, pedestrian safety, and motor vehicle safety

Bill Text

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H.752 1
Introduced by Representatives Priestley of Bradford and Sibilia of Dover 2
Referred to Committee on 3
Date: 4
Subject: Executive; Agency of Digital Services; inventory and review of 5
automated decision systems 6
Statement of purpose of bill as introduced: This bill proposes to require the 7
Agency of Digital Services, in its annual inventory of automated decision 8
systems, to review whether a system is vulnerable to a cybersecurity attack or 9
puts the personal data of Vermonters at risk. It would also give the Agency the 10
authority to request that the use of a hazardous automated decision system used 11
in government be terminated. 12
An act relating to the Agency of Digital Services 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 3 V.S.A. § 3303 is amended to read: 15
§ 3303. REPORTING, RECORDS, AND REVIEW REQUIREMENTS 16
(a) Annual report and budget. The Secretary shall submit to the House 17
Committee on Energy and Digital Infrastructure and the Senate Committee on 18
Institutions, concurrent with the Governor’s annual budget request required 19
under 32 V.S.A. § 306, an annual report for information technology and 20

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cybersecurity. The report shall reflect the priorities of the Agency and shall 1
include: 2
* * * 3
(8) an annual update to the inventory required by section 3305 of this 4
title, including detail on any occasions where the Agency requested that the use 5
of an automated decision system be terminated; and 6
* * * 7
Sec. 2. 3 V.S.A. § 3305 is amended to read: 8
§ 3305. AUTOMATED DECISION SYSTEM; STATE PROCUREMENT; 9
INVENTORY; TERMINATION 10
(a) Definitions. As used in this section: 11
(1) “Algorithm” means a computerized procedure consisting of a set of 12
steps used to accomplish a determined task. 13
(2) “Automated decision system” means any algorithm, including one 14
incorporating machine learning or other artificial intelligence techniques, that 15
uses data-based analytics to make or support government decisions, judgments, 16
or conclusions. 17
(3) “Automated final decision system” means an automated decision 18
system that makes final decisions, judgments, or conclusions without human 19
intervention. 20

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(4) “Automated support decision system” means an automated decision 1
system that provides information to inform the final decision, judgment, or 2
conclusion of a human decision maker. 3
(5) “State government” has the same meaning as in section 3301 of this 4
chapter. 5
(b) Inventory. The Agency of Digital Services shall conduct a review and 6
make an inventory of all automated decision systems that are being developed, 7
employed, or procured by State government. The inventory shall include the 8
following for each automated decision system: 9
(1) the automated decision system’s name and vendor; 10
(2) a description of the automated decision system’s general capabilities, 11
including: 12
(A) reasonably foreseeable capabilities outside the scope of the 13
agency’s proposed use; and 14
(B) whether the automated decision system is used or may be used 15
for independent decision-making powers and the impact of those decisions on 16
Vermont residents; 17
(3) the type or types of data inputs that the technology uses; how that 18
data is generated, collected, and processed; and the type or types of data the 19
automated decision system is reasonably likely to generate; 20

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(4) whether the automated decision system has been tested for bias by 1
an independent third party, has a known bias, or is untested for bias; 2
(5) a description of the purpose and proposed use of the automated 3
decision system, including: 4
(A) what decision or decisions it will be used to make or support; 5
(B) whether it is an automated final decision system or automated 6
support decision system; and 7
(C) its intended benefits, including any data or research relevant to 8
the outcome of those results; 9
(6) how automated decision system data is securely stored and 10
processed and whether an agency intends to share access to the automated 11
decision system or the data from that automated decision system with any 12
other entity, which entity, and why; and 13
(7) a description of the IT fiscal impacts of the automated decision 14
system, including: 15
(A) initial acquisition costs and ongoing operating costs, such as 16
maintenance, licensing, personnel, legal compliance, use auditing, data 17
retention, and security costs; 18
(B) any cost savings that would be achieved through the use of the 19
technology; and 20

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(C) any current or potential sources of funding, including any 1
subsidies or free products being offered by vendors or governmental entities; 2