PRINTER'S NO. 1459
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1338
Session of
2021
INTRODUCED BY SIMS, SANCHEZ, DELLOSO, KINSEY, DAVIDSON, HILL-
EVANS, LEE, MADDEN, KINKEAD, PISCIOTTANO, BULLOCK AND
N. NELSON, MAY 6, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 6, 2021
AN ACT
Establishing the Automated Decision Systems Task Force.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Automated
Decision Systems Task Force Act.
Section 2. Findings.
The General Assembly finds:
(1) Automated decision systems have been utilized in
recent years to assist in decision making in State and local
governments and in businesses, including in issues of
criminal justice and public benefits.
(2) Automated decision systems serve a variety of
functions to assist organizations, agencies and corporations
and to improve efficiency, but these systems can lack
transparency and may be utilized without public knowledge.
(3) The use of automated decision systems, including
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controversial technology like facial recognition, may
unwittingly have a disproportionate negative impact on
members of marginalized communities by reinforcing existing
biases.
(4) Reliance on automated decision systems require
oversight and transparency to prevent the entrenching of
biases and to mitigate potential harm.
(5) The Commonwealth must examine the use of automated
decision systems to ensure transparency.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Task force." The Automated Decision Systems Task Force
established under section 4.
Section 4. Automated Decision Systems Task Force.
(a) Establishment.--The Automated Decision Systems Task
Force is established to study the use of automated decision
systems in government.
(b) Membership.--The task force shall consist of the
following members:
(1) One member appointed by the Governor.
(2) One member appointed by the Majority Leader of the
Senate.
(3) One member appointed by the Minority Leader of the
Senate.
(4) One member appointed by the Majority Leader of the
House of Representatives.
(5) One member appointed by the Minority Leader of the
House of Representatives.
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(6) One member appointed by the Attorney General.
(c) Appointment of members.--The following shall apply:
(1) Each member appointed to the task force shall be
knowledgeable of the issues surrounding automated decision
systems and technological ethics.
(2) Appointments to the task force shall be made within
30 days of the effective date of this section. Any vacancy
shall be filled by the relevant appointing authority.
(3) Members of the task force shall elect a member to
serve as the chairperson of the task force.
(d) Expenses.--Members may not receive compensation for
service on the task force but shall be reimbursed for all
necessary travel and other reasonable expenses incurred in
connection with the performance of duties as members of the task
force.
(e) Business.--The following shall apply:
(1) The physical or remote presence of a majority of the
members shall constitute a quorum of the task force.
(2) Action of the task force must be authorized or
ratified by a majority vote of the members of the task force.
(3) A member not physically present may participate by
teleconference, video conference or other electronic means.
(4) The first meeting of the task force shall be
convened within 60 days of the effective date of this
section.
(5) The task force shall meet at least four times
annually beginning on the date of the first meeting and may
hold additional meetings upon the written request of a two-
thirds majority of members of the task force.
(6) The task force shall hold public hearings as
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necessary to obtain information required to conduct reviews
under this act.
(7) The task force may participate in meetings or
hearings via teleconference when necessary.
(8) The task force shall determine the location of
meetings in this Commonwealth, subject to the approval of the
chairperson.
(9) The Department of Human Services, the Department of
Transportation, the Pennsylvania Board of Probation and
Parole and any other agency that uses automated decision
systems shall cooperate to provide administrative or other
assistance to the task force.
(f) Powers and duties.--The task force shall have the power
and duty to:
(1) Review and analyze the prevalence of the use of
automated decision systems in this Commonwealth.
(2) Hold public hearings for the taking of testimony and
the requesting of documents.
(3) Administer oaths and affirmations to witnesses
appearing before the task force.
(4) Accept and review written comments from individuals
and organizations.
(5) Issue a report to the Governor, Senate and House of
Representatives with the findings of the task force within
one year of the first meeting of the task force. The report
shall include findings and recommendations regarding:
(i) potential oversight for the use of automated
decision systems;
(ii) a complete accounting of which agencies utilize
automated decision systems and how they are used;
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(iii) any issues of bias or potential bias that have
arisen through the use of automated decision systems
within government agencies;
(iv) legislative solutions to remedy any potential
bias caused by the use of automated decision systems; and
(v) development of guidelines to ensure that
information about the use of automated decision systems
is publicly available.
Section 5. Effective date.
This act shall take effect immediately.
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