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Washington, Florida bills would create AI task forces

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Proposed bills in Washington and Florida would create task forces to oversee the use of artificial intelligence (AI) in public and private settings.

Washington Attorney General Bob Ferguson recently announced two bills aimed at creating a 42-member task force that will study AI use and then make recommendations to the legislature by the end of 2025, a press release said.

“Washington is on the cutting edge of innovation,” Ferguson said in the press release. “It is imperative that we embrace new technology in a thoughtful way. As we celebrate the benefits, we must also ensure we protect against the potential for irresponsible use and unintentional consequences.”

SB 5838, introduced by Sen. Joe Nguyen (D-34), and HB 1934, introduced by Rep. Travis Couture (R-35) were pre-filed for the 2024 session in mid-December.

If passed, the president of the Senate and speaker of the House will each nominate two members from the House and Senate to sit on the task force. Ferguson would then appoint the rest of the members.

The bill defines that members must come from specifically designated entities, such as four members representing private technology industry groups or technology companies, one representing a civil liberties organization, one representing the Association of Washington Business, and one representing the Independent Business Association of Washington.

The superintendent of public instruction, Department of Commerce, and state auditor include state offices that will be represented on the task force.

There doesn’t appear to be a seat for the state’s insurance commissioner, which repair shops often lean on for regulations connected to insurance practices.

“The task force shall examine the development and use of generative artificial intelligence by private and public sector entities and make recommendations to the legislature regarding standards for the use and regulation of generative artificial intelligence systems to protect Washingtonians’ safety, privacy, and civil and intellectual property rights,” the bills said.

A similar bill was filed in Florida on Dec. 15.

Florida Sen. Joe Gruters (R-22) filed SB 972 “Artificial Intelligence” would designate the Department of Management Service to oversee an Artificial Intelligence Advisory Council.

“The purpose of the council is to study and monitor the development and deployment of artificial intelligence systems in state government,” the bill said.

This would include assessing the need for reform and a state code of ethics for the use of AI. It would also “Study and monitor the potential benefits, liabilities, and risks that the state, private residents, and businesses could incur as a result of implemented automated decision systems.”

Two members each from the Senate and House will sit on the council, along with two academic professionals and experts in law enforcement, policy, and constitutional rights.

State agencies would be required to prepare an inventory of all AI being used by the agency. The agencies would also be required to answer a series of questions about how the AI is used.

The law would ban counties or municipalities from regulating the use of AI in private or public ways.

Gruters also recently filed SB 194, which would require collision repair facilities to request written crash reports before working on damaged vehicles.

Repair centers would be required to keep a copy of each transaction for at least a year following the date of the transaction. They would also be required to, by the end of each business day, deliver the original transaction forms the previous day to local police stations unless other arrangements have been made.

The bill was filed Oct. 12 and has remained in committee since Nov. 7.

The National Association of Insurance Commissioners (NAIC) recently approved a model bulletin on the use of AI by insurance companies during the association’s 2023 Fall National Meeting held earlier this month.

It outlines the need for processes and controls to prevent possible AI inaccuracies, discriminating biases, and data vulnerabilities.

Insurers are already using AI-based photo analysis. CCC Intelligent Solutions, as an example, recently launched new AI tools for insurance providers that use photos of vehicle damage to generate predictions.

One product, First Look, uses AI to predict the point of impact or whether a vehicle is likely repairable. Another, called Impact Dynamics, uses AI to predict the change of velocity at impact, which can help an insurer evaluate potential injury, company officials have said.

Insurers shouldn’t use these tools to make claim decisions or determinations, the company said. They are tools that insurers can use as part of claim management processes.

Neither the Washington nor Florida law mentions the use of AI specifically by insurance companies. However, the Washington law does say additional members could sit on the task force’s subcommittees, allowing other topics to be discussed.


Photo courtesy of Sansert Sangsakawrat/iStock

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