California SB 1248

Existing law establishes the Government Operations Agency (GovOps) , and establishes within the agency the Department of Technology. Existing law requires the Department of Technology to conduct, in coordination with other interagency bodies as it deems appropriate, a comprehensive inventory of all high-risk automated decision systems that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, any state agency. Existing law defines, for these purposes, an "automated decision system" as, among other things, a computational process that is used to assist or replace human discretionary decisionmaking and materially impacts natural persons. Existing law establishes various public assistance and social programs administered by state agencies, including the Department of Social Services and the Employment Development Department. Existing law provides for the licensure and regulation of specified professions and vocations by boards and bureaus within the Department of Consumer Affairs. This bill would impose certain restrictions on the use of an automated decision system by a state agency to confer services, defined as, among other things, the issuance of professional licenses and provision of public benefits. Among the restrictions, the bill would include a prohibition on using an output from the system as the sole basis for an adverse service determination affecting a natural person, except as specified. The bill would require the state agency to verify the accuracy of the system's outputs and to promote nondiscrimination in its use, as specified. The bill would require the director or designee of a state agency to provide for quality control review of the outputs, as specified, to assure acceptable accuracy. This bill would authorize GovOps to develop, adopt, and make publicly available guidance for a state agency's use of automated decision systems. The bill would require GovOps to notify the Joint Legislative Budget Committee before issuing the guidance. The bill would require GovOps to provide technical assistance to state agencies upon request. The bill would define terms for purposes of its provisions and would make related findings and declarations.