STATE OF NEW YORK ________________________________________________________________________ 933 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. GONZALEZ, GOUNARDES, JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Internet and Technology AN ACT to amend the state technology law, in relation to establishing the position of chief artificial intelligence officer and the func- tions, powers and duties therefor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 101 of the state technology law is amended by 2 adding two new subdivisions 7 and 8 to read as follows: 3 7. "Artificial intelligence" or "AI" shall mean: (a) a machine-based 4 system that operates with varying levels of autonomy and that may exhib- 5 it adaptiveness after deployment and that, for explicit or implicit 6 objectives, infers, from the input the system receives, how to generate 7 outputs such as predictions, content, recommendations, or decisions that 8 may influence physical or virtual environments. This includes, but is 9 not limited to, systems, applications, software, or devices designed to: 10 (i) Sense, interpret, process, analyze, or otherwise comprehend data, 11 text, speech, voice, images, video, sensor inputs, or other forms of 12 information from physical and virtual environments. 13 (ii) Abstract concepts, detect patterns, extract features, develop 14 explanatory and predictive data models, or otherwise derive higher-order 15 insights through analysis of data and information. 16 (iii) Apply reasoning, decision logic, knowledge representation, 17 prediction models, data model inferences, or other structured and 18 unstructured techniques and capabilities to generate options, recommen- 19 dations, forecasts, determinations, conclusions, actions, or other 20 outputs that influence physical or virtual environments, systems, appli- 21 cations, devices, or decision-making. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01083-01-5S. 933 2 1 (iv) Operate autonomously once deployed, regardless of whether 2 designed to allow human monitoring, oversight, intervention, or over- 3 ride. 4 (b) This definition shall not include any software used primarily for 5 basic computerized processes, such as calculators, spell check tools, 6 autocorrect functions, spreadsheets, electronic communications, or any 7 tool that relates only to internal management affairs such as ordering 8 office supplies or processing payments, and that do not materially 9 affect the rights, liberties, safety or welfare of any human. 10 8. "Automated decision-making system" shall mean any software that 11 uses algorithms, computational models, or artificial intelligence, or a 12 combination thereof, to automate, support, or replace human decision- 13 making and shall include, without limitation, systems that process data, 14 and apply predefined rules or machine learning algorithms to analyze 15 such data, and generate conclusions, recommendations, outcomes, assump- 16 tions, projections, or predictions. "Automated decision-making system" 17 shall not include any software used primarily for basic computerized 18 processes, such as calculators, spell check tools, autocorrect func- 19 tions, spreadsheets, electronic communications, or any tool that relates 20 only to internal management affairs such as ordering office supplies or 21 processing payments, and that do not materially affect the rights, 22 liberties, safety or welfare of any human. 23 § 2. The state technology law is amended by adding a new section 102-a 24 to read as follows: 25 § 102-a. Chief artificial intelligence officer; functions, powers and 26 duties. 1. There is hereby established the office of artificial intelli- 27 gence within the office. The head of such office shall be the chief 28 artificial intelligence officer and shall be appointed by the governor 29 with the advice and consent of the senate. The chief artificial intelli- 30 gence officer shall be in sole charge of the administration of the 31 office, and shall report to the executive department. The chief artifi- 32 cial intelligence officer shall be designated as management confidential 33 in the noncompetitive class in accordance with the civil service law. 34 The chief artificial intelligence officer shall have expertise in arti- 35 ficial intelligence, data privacy, and the technology industry. 36 2. The office of artificial intelligence shall have the following 37 functions, powers and duties: 38 (a) Develop statewide artificial intelligence policies and governance, 39 including but not limited to: 40 (i) Developing and updating state policy and guidelines on the use, 41 procurement, development, and deployment of artificial intelligence and 42 automated decision-making systems in a manner consistent with state 43 laws; 44 (ii) Developing and updating a handbook regarding the use, study, 45 development, evaluation, and procurement of systems that use artificial 46 intelligence, in a manner consistent with state and federal laws, and 47 national and international standards for use by the state's departments, 48 boards, commissions, agencies and authorities; 49 (iii) Developing a risk management plan, including procedures for 50 assessing and classifying risk levels, including, but not limited to, 51 pertaining to the operations of the state, data security and privacy, 52 and the rights, liberties, safety and welfare of any human for use of 53 artificial intelligence and automated decision-making systems by the 54 state's departments, boards, commissions, agencies and authorities; and 55 (iv) Setting governance standards for human oversight of artificial 56 intelligence and automated systems, and determining resource require-S. 933 3 1 ments for responsible adoption, including, but not limited to developing 2 and deploying employee training programs for safe and responsible use of 3 artificial intelligence; and 4 (v) Ensuring public access requirements are established for the publi- 5 cation of information related to each state agency use of automated 6 decision-making systems and artificial intelligence; 7 (b) Coordinate the activities of any and all state departments, 8 boards, commissions, agencies and authorities performing any functions 9 using artificial intelligence tools; 10 (c) Coordinate and track state department, board, commission, agency 11 and authority procurement and planning in state programs; 12 (d) Investigate and assess what resources, monetary or otherwise, if 13 any, a department, board, commission, authority or agency requires to 14 adapt to the changes that artificial intelligence will bring to the 15 regulatory landscape and to adequately adopt and oversee the use of 16 artificial intelligence across its operations; 17 (e) Provide guidance to governmental entities in developing, designing 18 and deploying standards, mission, regulations, investments, practices, 19 systems pertaining to the use of artificial intelligence tools and auto- 20 mated decision-making systems, in a manner that protects the rights and 21 safety of individuals, including but not limited to employee training, 22 protecting privacy and data security, safeguarding against discrimi- 23 nation based on race, gender, ethnicity, religion, disability, sexual 24 orientation, or socioeconomic status, mitigating risks of misinformation 25 and manipulation, and impact on the human workforce; 26 (f) Recommend the replacement, disconnection or deactivation of any 27 application that utilizes artificial intelligence or any automated deci- 28 sion-making system and that demonstrates that deployment and use is 29 inconsistent with provisions of law or is otherwise harmful to the oper- 30 ations of the state, data security and privacy, or the rights, liber- 31 ties, safety, and welfare of any human; 32 (g) Study the implications of the usage of artificial intelligence for 33 data collection to inform testing and evaluation, verification and vali- 34 dation of artificial intelligence to ensure that artificial intelligence 35 will perform as intended, including when interacting with humans and 36 other systems, develop common metrics to assess trustworthiness that 37 artificial intelligence systems will perform as intended, and minimize 38 performance problems and unanticipated outcomes, protect against risks 39 to data security and privacy, and address the possibility of intentional 40 misuse of an artificial intelligence system; 41 (h) Submit a report annually to the temporary president of the senate 42 and the speaker of the assembly on progress, findings, studies and 43 recommendations regarding the use of artificial intelligence and auto- 44 mated decision-making systems in the various government agencies. Such 45 report shall also be made publicly available on the office of informa- 46 tion technology website. Where the chief artificial intelligence officer 47 makes a determination that such disclosure would result in a substantial 48 negative impact on health or safety of the public, infringe upon the 49 privacy rights of individuals, or significantly impair the state's abil- 50 ity to protect its information technology or operational assets, the 51 officer may redact such information, provided an explanatory statement 52 by which such determination was made is published along with the redact- 53 ed report. The provisions of this subdivision shall not be deemed to 54 require or authorize the disclosure of confidential information or trade 55 secrets; andS. 933 4 1 (i) Investigate and conduct periodic audits of any department's, 2 board's, commission's, agency's or authority's use of artificial intel- 3 ligence tools or automated decision-making systems to ensure: 4 (i) departments, boards, commissions, agencies and authorities devel- 5 op, acquire and use such tools or systems that comply with the constitu- 6 tion, state and federal laws; 7 (ii) ensure that any benefit a department, board, commission, agency 8 or authority receives by using such tools or systems outweighs any risk 9 in using that automated system; 10 (iii) ensure that each such tool or system is secure, protected and 11 resistant to circumstances in which that automated system faces any 12 systematic vulnerability, manipulation or malicious exploitation; and 13 (iv) nothing in this section shall be construed as restricting the 14 artificial intelligence officer's or any state department's, board's, 15 commission's, authority's or agency's access to: 16 (1) conduct any internal investigation aimed at developing, improving 17 or repairing any product, service or technology, 18 (2) prevent, detect, protect, respond, investigate, report to any 19 person responsible for any security incident, identity theft, fraud, 20 harassment, malicious or misleading activity or illegal activity, or 21 (3) preserve the integrity or security of any system. 22 3. To effectuate the purposes of this section, the chief artificial 23 intelligence officer may request and receive from any department, divi- 24 sion, board, bureau, commission or other agency of the state or any 25 political subdivision thereof or any public authority, staff and other 26 assistance, information, and resources as will enable the office of 27 artificial intelligence to properly carry out its functions, powers and 28 duties. 29 § 3. The state technology law is amended by adding a new section 104-a 30 to read as follows: 31 § 104-a. Advisory committee for state artificial intelligence policy. 32 1. There is hereby created in the division of broadband access an advi- 33 sory committee for state artificial intelligence policy. The chief arti- 34 ficial intelligence officer shall serve as chair of the committee. The 35 committee shall be composed of a minimum of seven representatives or 36 their equivalent selected from state agencies and appointed by the 37 governor, provided that no more than one member shall be appointed from 38 a single agency, and provided further that the director shall serve as 39 an ex-officio member of the committee. In addition, one member shall be 40 appointed by the speaker of the assembly, one by the temporary president 41 of the senate, and two members to be appointed by the governor at the 42 recommendation of the two largest organizations in the state represent- 43 ing municipal leadership. 44 2. All members of the advisory committee shall serve at the pleasure 45 of their appointing authority. The members of the committee shall 46 receive no compensation for their services, but shall be allowed their 47 actual and necessary expenses incurred in the performance of their 48 duties. 49 3. No member of the advisory committee shall be disqualified from 50 holding any other public office, nor forfeit any such office by reason 51 of appointment hereunder, notwithstanding the provisions of any general, 52 special or local law, ordinance or city charter, provided however that 53 members appointed by the governor, speaker of the assembly, or temporary 54 president of the senate shall be considered state officers and subject 55 to the provisions of paragraph (a) of subdivision eight of section 56 seventy-three of the public officers law.S. 933 5 1 4. The advisory committee shall, at minimum, meet twice in each calen- 2 dar year, provided that additional meetings of the advisory committee 3 may be called by the chairperson at any time. 4 5. The advisory committee shall: 5 (a) Advise the chief artificial intelligence officer on best practices 6 for the use of artificial intelligence and automated decision-making 7 systems in agencies; 8 (b) Advise the chief artificial intelligence officer on state policy 9 for artificial intelligence and automated decision-making systems; 10 (c) Advise the chief artificial intelligence officer on the current 11 state of the state in relation to competitiveness in artificial intelli- 12 gence, including the scope and scale of New York's investments in arti- 13 ficial intelligence research and development; 14 (d) Advise the chief artificial intelligence officer on improving the 15 workforce, including use in training, education and worker assistance in 16 relation to the use of artificial intelligence; 17 (e) Advise the chief artificial intelligence officer on leveraging 18 local resources to optimize and improve operations in various areas of 19 government operations, including but not limited to medical services, 20 cyber security, infrastructure, and recovery from natural disasters; 21 (f) Advise the chief artificial intelligence officer on opportunities 22 for local, regional, interstate, federal, and international cooperation 23 in artificial intelligence research activities, standards development 24 and regulations; 25 (g) Advise the chief artificial intelligence officer on strategies to 26 prevent and mitigate artificial intelligence-assisted misinformation 27 campaigns and the potentially harmful effects of artificial intelli- 28 gence; 29 (h) Advise the chief artificial intelligence officer on how the state 30 can leverage the substantial and growing expertise of the emerging tech- 31 nologies, such as artificial intelligence, in the long-term development 32 of public policies that affect the privacy, rights, and the use of arti- 33 ficial intelligence online; 34 (i) Advise the chief artificial intelligence officer on strategies for 35 the development of inter-governmental cooperation among agencies of the 36 federal, state, and local governments and cooperation; and 37 (j) Make periodic recommendations to the legislature on legislative or 38 regulatory changes. 39 § 4. Subdivisions 2 and 3 of section 102 of the state technology law, 40 as added by chapter 430 of the laws of 1997 and as renumbered by chapter 41 437 of the laws of 2004, are amended to read as follows: 42 2. The head of the office shall be the director of the office, who 43 shall serve as the chief technology officer for the state of New York 44 and shall be designated as management confidential in the noncompetitive 45 class in accordance with the civil service law. The director shall be 46 the chief executive officer of and in sole charge of the administration 47 of the office, with exception to the office established pursuant to 48 section one hundred two-a of this article and the committee established 49 pursuant to section one hundred four-a of this article. The director 50 shall be entitled to receive reimbursement for expenses actually and 51 necessarily incurred by [him or her] such director in the performance of 52 [his or her] such director's duties. 53 3. The director may, from time to time, create, abolish, transfer and 54 consolidate bureaus and other units within the office not expressly 55 established by law as [he or she] such director may determine necessary 56 for the efficient operation of the office, subject to the approval ofS. 933 6 1 the director of the budget, with exception to the office established 2 pursuant to section one hundred two-a of this article and the committee 3 established pursuant to section one hundred four-a of this article. 4 § 5. This act shall take effect on the ninetieth day after it shall 5 have become a law.
Policy Tracker
Establishes the position of chief artificial intelligence officer and such person's functions, powers and duties; including, but not limited to, developing statewide artificial intelligence policies and governance, coordinating the activities of any and all state departments, boards, commissions, agencies and authorities performing any functions using artificial intelligence tools; makes related provisions.
NY · Legislation · 2025 · S00933
LegislationAI
Engrossed
Record updated Mar 5, 2026
Summary
Establishes the position of chief artificial intelligence officer and such person's functions, powers and duties; including, but not limited to, developing statewide artificial intelligence policies and governance, coordinating the activities of any and all state departments, boards, commissions, agencies and authorities performing any functions using artificial intelligence tools; makes related provisions.
Timeline
2026-03-05
S
PASSED SENATE
2026-03-05
S
DELIVERED TO ASSEMBLY
2026-03-05
A
referred to governmental operations
2026-03-04
S
ADVANCED TO THIRD READING
2026-02-26
S
2ND REPORT CAL.
2026-02-25
S
1ST REPORT CAL.428
2026-01-07
A
died in assembly
2026-01-07
A
returned to senate
Bill Text
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