Negotiate The Future

                STATE OF NEW YORK
        ________________________________________________________________________

                                           822

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the state technology law and the civil service  law,  in
          relation  to  the  disclosure  of automated employment decision-making
          tools and maintaining an artificial intelligence inventory; to amend a
          chapter of the laws of 2024 amending the state technology law relating
          to automated decision-making by state agencies, as proposed in  legis-
          lative  bills  numbers  S.  7543-B  and  A. 9430-B, in relation to the
          effectiveness thereof; to repeal sections 1 and 3 of a chapter of  the
          laws  of  2024 amending the state technology law relating to automated
          decision-making by state agencies, as proposed  in  legislative  bills
          numbers  S.  7543-B  and A. 9430-B, in relation to the short title and
          disclosure; to repeal sections 403 and 404 of the state technology law
          relating to impact assessments and submission of certain reports;  and
          providing for the repeal of certain provisions upon expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Sections 1 and 3 of a chapter of the laws of 2024  amending
     2  the  state technology law relating to automated decision-making by state
     3  agencies, as proposed in legislative bills  numbers  S.  7543-B  and  A.
     4  9430-B, are REPEALED.
     5    §  2.  Sections 403 and 404 of the state technology law, as added by a
     6  chapter of the laws of 2024 amending the state technology  law  relating
     7  to  automated decision-making by state agencies, as proposed in legisla-
     8  tive bills numbers S. 7543-B and A. 9430-B, are REPEALED.
     9    § 3. The article heading of article 4 and sections 401 and 402 of  the
    10  state technology law, as added by a chapter of the laws of 2024 amending
    11  the  state technology law relating to automated decision-making by state
    12  agencies, as proposed in legislative bills  numbers  S.  7543-B  and  A.
    13  9430-B, are amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02895-01-5

        S. 822                              2

     1           AUTOMATED EMPLOYMENT DECISION-MAKING IN STATE GOVERNMENT
     2    § 401. Definitions. For the purpose of this article:
     3    1. "Automated employment decision-making [system] tool" shall mean any
     4  software  that  uses  algorithms,  computational  models,  or artificial
     5  intelligence techniques, or a combination thereof, to  materially  auto-
     6  mate[,  support,]  or  replace human decision-making [and shall include,
     7  without limitation, systems that  process  data,  and  apply  predefined
     8  rules  or machine learning algorithms to analyze such data, and generate
     9  conclusions, recommendations,  outcomes,  assumptions,  projections,  or
    10  predictions  without  meaningful human discretion] regarding employment,
    11  including but not limited  to  wages  and  other  compensation,  hiring,
    12  selection  for  recruitment,  discipline,  promotion,  and  termination.
    13  "Automated employment decision-making [system] tool" shall  not  include
    14  any  software  used  primarily for basic computerized processes, such as
    15  calculators,  spellcheck  tools,  autocorrect  functions,  spreadsheets,
    16  electronic  communications,  or  any  tool that relates only to internal
    17  management affairs  such  as  ordering  office  supplies  or  processing
    18  payments, and that do not materially affect the rights, liberties, bene-
    19  fits, safety or welfare of any individual within the state.
    20    2.  ["Meaningful  human review" means review, oversight and control of
    21  the automated decision-making process by one  or  more  individuals  who
    22  understand the risks, limitations, and functionality of, and are trained
    23  to  use, the automated decision-making system and who have the authority
    24  to intervene or alter the  decision  under  review,  including  but  not
    25  limited  to  the ability to approve, deny, or modify any decision recom-
    26  mended or made by the automated system.
    27    3.] "State agency" shall mean any department, public authority, board,
    28  bureau, commission, division, office, council, committee or  officer  of
    29  the state. Such terms shall not include the legislature or judiciary.
    30    [4.  "Public  assistance  benefit"  shall  mean any service or program
    31  within the control of the state, or benefit provided  by  the  state  to
    32  individuals  or  households, including but not limited to public assist-
    33  ance, cash assistance, grants, child care  assistance,  housing  assist-
    34  ance,  unemployment benefits, transportation benefits, education assist-
    35  ance, domestic violence services, and any other  assistance  or  benefit
    36  within  the  authority  of  the state to grant to individuals within the
    37  state. This shall not include any federal program that  is  administered
    38  by the federal government or the state.]
    39    §  402.  [Use]  Disclosure  of  automated  employment  decision-making
    40  [systems by agencies] tools. [1. No state agency, or any  entity  acting
    41  on  behalf of such agency, which utilizes or applies any automated deci-
    42  sion-making system, directly or indirectly, in performing  any  function
    43  that:  (a)  is related to the delivery of any public assistance benefit;
    44  (b) will have a material impact on the rights, civil  liberties,  safety
    45  or welfare of any individual within the state; or (c) affects any statu-
    46  torily  or  constitutionally  provided  right  of  an  individual, shall
    47  utilize such automated decision-making  system,  unless  such  automated
    48  decision-making  system is subject to continued and operational meaning-
    49  ful human review.
    50    2. No state agency shall authorize any procurement, purchase or acqui-
    51  sition of any service or system  utilizing,  or  relying  on,  automated
    52  decision-making  systems in performing any function that is: (a) related
    53  to the delivery of any public assistance benefit; (b) will have a  mate-
    54  rial  impact  on  the  rights, civil liberties, safety or welfare of any
    55  individual within the state; or (c) affects any statutorily or constitu-
    56  tionally provided right of an individual  unless  such  automated  deci-

        S. 822                              3

     1  sion-making  system  is  subject to continued and operational meaningful
     2  human review.
     3    3. The use of an automated decision-making system shall not affect (a)
     4  the  existing  rights  of  employees  pursuant to an existing collective
     5  bargaining agreement, or (b) the existing representational relationships
     6  among employee organizations or the bargaining relationships between the
     7  employer and an employee organization. The use  of  an  automated  deci-
     8  sion-making  system shall not result in the: (1) discharge, displacement
     9  or loss of position, including partial displacement such as a  reduction
    10  in  the  hours  of  non-overtime work, wages, or employment benefits, or
    11  result in the impairment of existing collective  bargaining  agreements;
    12  (2)  transfer  of  existing  duties and functions currently performed by
    13  employees of the state or any agency or public authority thereof  to  an
    14  automated  decision-making  system; or (3) transfer of future duties and
    15  functions ordinarily performed by employees of the state or  any  agency
    16  or  public  authority.  The  use  of an automated decision-making system
    17  shall not alter the rights or benefits, and  privileges,  including  but
    18  not limited to terms and conditions of employment, civil service status,
    19  and collective bargaining unit membership status of all existing employ-
    20  ees  of  the  state  or  any agency or public authority thereof shall be
    21  preserved and protected] Any state agency  that  utilizes  an  automated
    22  employment  decision-making tool, as defined in section four hundred one
    23  of this article, shall publish a list of such automated employment deci-
    24  sion-making tools on such state agency's website no later than the thir-
    25  tieth of December next succeeding the date on which the amendments  made
    26  to  this  section  by  a chapter of the laws of two thousand twenty-four
    27  take effect, and annually thereafter. Such disclosure shall include:
    28    1. a description of  the  automated  employment  decision-making  tool
    29  utilized by such state agency;
    30    2.  the  date  that  the state agency use of such automated employment
    31  decision-making tool began;
    32    3. a summary of the purpose and use of such automated employment deci-
    33  sion-making tool; and
    34    4. any other information deemed relevant by the agency.
    35    § 4. The state technology law is amended by adding a new section 103-e
    36  to read as follows:
    37    § 103-e. Artificial intelligence (AI) inventory. 1. The  office  shall
    38  maintain  an  inventory of state agency artificial intelligence systems.
    39  The office shall issue guidance to state agencies identifying  the  data
    40  elements to be collected and submitted to the office for such inventory,
    41  including  but  not  limited  to  the purpose and uses of the artificial
    42  intelligence systems. The inventory shall be  posted  on  the  New  York
    43  state open data website on the thirtieth of December next succeeding the
    44  date  this section takes effect, and annually thereafter. State agencies
    45  shall submit information required by the office at least sixty  days  in
    46  advance  of the annual publication date. The office may withhold certain
    47  information if it determines disclosure of this information would  jeop-
    48  ardize  the  security of information technology assets, or as prescribed
    49  by article six of the public officers law.
    50    2. For purposes of  this  section,  "artificial  intelligence  system"
    51  shall mean a machine-based system that can, for a given set of human-de-
    52  fined objectives, make predictions, recommendations, or decisions influ-
    53  encing  real  or  virtual  environments  that,  when used, may "directly
    54  impact the public". Artificial intelligence  systems  use  machine-  and
    55  human-based  inputs  to perceive real and virtual environments, abstract
    56  such perceptions into models through analysis in  an  automated  manner,

        S. 822                              4

     1  and  use model inference to formulate options for information or action.
     2  "Artificial intelligence system" includes but is not limited to  systems
     3  that  use machine learning, large language model, natural language proc-
     4  essing,  and  computer vision technologies, including generative artifi-
     5  cial intelligence. "Artificial intelligence system"  shall  not  include
     6  basic  calculations, basic automation, or pre-recorded rule-based condi-
     7  tional logic response systems with  predefined  triggers  that  automat-
     8  ically  initiate predetermined actions, such as If This Then That (IFTT)
     9  systems.
    10    3. For purposes of this section, "directly impact  the  public"  shall
    11  mean  when  the  use of an artificial intelligence system would control,
    12  have a material impact on, or  meaningfully  influence  the  outcome  of
    13  activities  that  impact  the  safety, welfare, or rights of the public.
    14  Such activities include but are not limited to assessments or  decisions
    15  about  individuals  including  in  law  enforcement, housing, hiring and
    16  employment, financial, educational, or  healthcare  contexts,  decisions
    17  regarding  access  to  or  eligibility  for government benefits or about
    18  child welfare, or the functioning  of  emergency  services  or  critical
    19  infrastructure.
    20    4.  The  office  may  ask  and shall receive from any state agency any
    21  information or assistance necessary to carry out its powers  and  duties
    22  under this section.
    23    5.  The  office  shall  submit  a  copy of the artificial intelligence
    24  inventory to the governor, the temporary president of  the  senate,  and
    25  the speaker of the assembly.
    26    §  5.  Section  80 of the civil service law is amended by adding a new
    27  subdivision 10 to read as follows:
    28    10. (a) The use of  artificial  intelligence  systems  as  defined  by
    29  section one hundred three-e of the state technology law shall not affect
    30  (i)  the existing rights of employees pursuant to an existing collective
    31  bargaining agreement, or (ii) the  existing  representational  relation-
    32  ships  among  employee  organizations  or  the  bargaining relationships
    33  between the employer and an employee organization.
    34    (b) The use of such artificial intelligence systems shall  not  result
    35  in  the:  (i)  discharge,  displacement  or  loss of position, including
    36  partial displacement such as a reduction in the  hours  of  non-overtime
    37  work,  wages,  or  employment  benefits,  or result in the impairment of
    38  existing collective bargaining agreements; or
    39    (ii) transfer of existing duties and functions currently performed  by
    40  employees  of  the state or any agency or public authority thereof to an
    41  artificial intelligence system.
    42    (c) The use of an artificial intelligence system shall not  alter  the
    43  rights  or  benefits, and privileges, including but not limited to terms
    44  and conditions of  employment,  civil  service  status,  and  collective
    45  bargaining unit membership status of all existing employees of the state
    46  or  any  agency  or  public  authority  thereof  shall  be preserved and
    47  protected.
    48    § 6. Section 4 of a chapter of the laws of  2024  amending  the  state
    49  technology  law relating to automated decision-making by state agencies,
    50  as proposed in legislative bills numbers S. 7543-B  and  A.  9430-B,  is
    51  amended to read as follows:
    52    §  4.  This  act shall take effect [immediately, provided that section
    53  two of this act shall take effect one year after it shall have become  a
    54  law] July 1, 2025.
    55    §  7.  This act shall take effect immediately; provided, however, that
    56  sections one, two, three, four and five of this act shall take effect on

        S. 822                              5

     1  the same date and in the same manner as a chapter of the  laws  of  2024
     2  amending  the state technology law relating to automated decision-making
     3  by state agencies, as proposed in legislative bills  numbers  S.  7543-B
     4  and A. 9430-B, takes effect; and provided, further, that section five of
     5  this act shall expire and be deemed repealed July 1, 2028.