S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10036
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to  banning  the  use  of
   biometric data by certain state agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The executive law is amended by adding a new section  170-f
 to read as follows:
   §  170-F.  USE OF BIOMETRIC RECOGNITION TECHNOLOGY PROHIBITED.  1. FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "BIOMETRIC DATA" SHALL MEAN ANY MEASURABLE PHYSIOLOGICAL,  BIOLOG-
 ICAL  OR  BEHAVIORAL  CHARACTERISTICS THAT ARE ATTRIBUTABLE TO A PERSON,
 INCLUDING  FACIAL  CHARACTERISTICS,  FINGERPRINT  CHARACTERISTICS,  HAND
 CHARACTERISTICS,  EYE  CHARACTERISTICS,  GENETIC  CHARACTERISTICS, VOCAL
 CHARACTERISTICS OR THERMAL CHARACTERISTICS  THAT  CAN  BE  USED,  EITHER
 SINGULARLY  OR  IN  COMBINATION  WITH  EACH  OTHER  OR  CAN BE PAIRED OR
 COMBINED WITH OTHER INFORMATION, TO ESTABLISH INDIVIDUAL IDENTITY.
   (B) "BIOMETRIC RECOGNITION TECHNOLOGY" SHALL MEAN EITHER OR  BOTH  (I)
 ANY  AUTOMATED  OR SEMI-AUTOMATED PROCESS OR PROCESSES BY WHICH A PERSON
 IS IDENTIFIED OR ATTEMPTED TO BE IDENTIFIED  BASED  ON  THEIR  BIOMETRIC
 DATA,  INCLUDING  IDENTIFICATION  OF  KNOWN  OR  UNKNOWN  INDIVIDUALS OR
 GROUPS; AND/OR (II) ANY AUTOMATED OR SEMI-AUTOMATED PROCESS OR PROCESSES
 THAT GENERATES OR ASSISTS IN GENERATING, INFORMATION ABOUT ANY  INDIVID-
 UAL BASED ON THEIR BIOMETRIC DATA, INCLUDING BUT NOT LIMITED TO EMOTION,
 AFFECT, OR BEHAVIOR DETECTION.
   (C) "EQUITY IMPACT ASSESSMENT" SHALL MEAN AN AUDIT AND REPORT ADDRESS-
 ING, AT A MINIMUM, THE FOLLOWING:
   (I) EVALUATION OF POTENTIAL BENEFITS, HARMS, AND IMPACTS ON PERSONS OR
 GROUPS  OF PERSONS WHO ARE PROTECTED FROM DISCRIMINATION AS SET FORTH IN
 ARTICLE FIFTEEN OF THIS CHAPTER, INCLUDING SPECIFIC CONSIDERATIONS BASED
 ON A PERSON'S ETHNIC AND RACIAL BACKGROUND. SUCH EVALUATION  SHALL  ALSO
 INCLUDE,  ALTHOUGH NOT BE LIMITED TO THE DISPROPORTIONATE COLLECTION AND
 USE OF SUCH TECHNOLOGY ON ETHNIC  AND  RACIAL  MINORITIES  IN  NEW  YORK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14858-01-2
 A. 10036                            2
 
 STATE,  THE  DISPROPORTIONATE  USE OF SUCH TECHNOLOGY IN LOCATIONS WHERE
 ETHNIC AND RACIAL MINORITIES RESIDE, AND THE DISPROPORTIONATE  REPRESEN-
 TATION  OF  PARTICULAR  ETHNIC  AND  RACIAL MINORITIES IN ANY UNDERLYING
 DATASETS USED TO DEVELOP AND/OR IMPLEMENT SUCH TECHNOLOGY;
   (II) EVALUATION OF THE EFFICACY AND ACCURACY OF THE BIOMETRIC RECOGNI-
 TION  TECHNOLOGY, INCLUDING THE ACCURACY OF SUCH TECHNOLOGY IN IDENTIFY-
 ING PERSONS WHO BELONG TO A GROUP OR  GROUPS  PROTECTED  FROM  DISCRIMI-
 NATION AS SET FORTH IN ARTICLE FIFTEEN OF THIS CHAPTER AND A DESCRIPTION
 OF THE METHODOLOGY OF SUCH EVALUATION, INCLUDING WHETHER SUCH EVALUATION
 INVOLVED A CONTROLLED OR REAL-WORLD STUDY;
   (III)  STEPS  TAKEN OR PLANNED BY THE STATE OR LOCAL AGENCY TO ADDRESS
 AND TO REDUCE ANY DISPARITIES OR  INACCURACIES  IDENTIFIED  IN  SUBPARA-
 GRAPHS  (I)  OR  (II)  OF  THIS PARAGRAPH, ALONG WITH THE STATE OR LOCAL
 AGENCY'S REASONING FOR CONTINUING TO USE THE BIOMETRIC RECOGNITION TECH-
 NOLOGY DESPITE THE DISPARATE IMPACT OR INACCURACY;
   (IV) PROCEDURES TO ADDRESS AND CHALLENGE FALSE RESULTS AND  PROTECTIVE
 MEASURES  AND  PREVENTATIVE  CHECKS  AGAINST  SUCH  OCCURRENCES,  AND AN
 ASSESSMENT OF THE ADEQUACY OF SUCH PROCEDURES;
   (V) WHAT PROTECTIONS ARE PUT IN PLACE FOR DUE PROCESS,  PRIVACY,  FREE
 SPEECH AND ASSOCIATION, AND RACIAL, GENDER, AND RELIGIOUS EQUITY;
   (VI)  WHETHER  THE  STATE  OR LOCAL AGENCY CONSIDERED A LESS-INTRUSIVE
 ALTERNATIVE PRIOR TO UTILIZING THE TECHNOLOGY, AND IF SO, A  DESCRIPTION
 OF SUCH AN EXPLANATION FOR WHY SUCH ALTERNATIVE WAS NOT ULTIMATELY USED;
 AND
   (VII)  COSTS  ASSOCIATED WITH THE USE OF THE TECHNOLOGY AND STORAGE OF
 RELEVANT DATA, INCLUDING ANY MAINTENANCE COSTS, ADMINISTRATIVE COSTS  OR
 OTHER COSTS INCURRED.
   2. (A) UNLESS EXPLICITLY REQUIRED BY OTHER PROVISIONS OF STATE LAW, IT
 SHALL BE UNLAWFUL FOR ANY STATE OR LOCAL AGENCY TO:
   (I)  ACQUIRE,  ACCESS,  OR USE ANY BIOMETRIC RECOGNITION TECHNOLOGY OR
 ANY BIOMETRIC DATA; OR
   (II) DIRECT THE USE OF ANY BIOMETRIC  RECOGNITION  TECHNOLOGY  OR  THE
 COLLECTION OF ANY BIOMETRIC DATA BY A THIRD PARTY.
   (B)  TO  THE  EXTENT THAT ANY STATE OR LOCAL AGENCY IS CURRENTLY USING
 ANY BIOMETRIC RECOGNITION TECHNOLOGY OR COLLECTING  ANY  BIOMETRIC  DATA
 AND  SUCH  USE  OR  COLLECTION  IS  NOT  OTHERWISE REQUIRED BY ANY OTHER
 PROVISION OF STATE LAW, SUCH STATE OR  LOCAL  AGENCY  SHALL  IMMEDIATELY
 STOP USING SUCH TECHNOLOGY OR DATA.
   (C)  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PREVENT A STATE
 OR LOCAL AGENCY OR AN EMPLOYEE OF A STATE OR LOCAL AGENCY FROM:
   (I) OBTAINING OR POSSESSING ANY DEVICE EQUIPPED WITH BIOMETRIC  RECOG-
 NITION  TECHNOLOGY,  PROVIDED  SUCH DEVICE IS BEING HELD AS EVIDENCE AND
 THE STATE OR LOCAL AGENCY OR THE EMPLOYEE OF SUCH AGENCY DOES NOT ACCESS
 OR USE THE BIOMETRIC RECOGNITION TECHNOLOGY OF SUCH DEVICE;
   (II) ACQUIRING, ACCESSING, OR USING ANY BIOMETRIC RECOGNITION TECHNOL-
 OGY ON A DEVICE OWNED BY THE STATE OR LOCAL AGENCY  OR  AN  EMPLOYEE  OF
 SUCH  AGENCY,  FOR  THE  SOLE  PURPOSE  OF USER AUTHENTICATION OF AGENCY
 EMPLOYEES PROVIDED THAT THE AGENCY DOES NOT ACCESS OR USE SUCH BIOMETRIC
 RECOGNITION TECHNOLOGY FOR ANY OTHER PURPOSE OTHER THAN USER AUTHENTICA-
 TION AND PROVIDED THAT NO BIOMETRIC DATA OF INDIVIDUALS NOT EMPLOYED  BY
 SUCH  AGENCY  ARE  INTENTIONALLY ENTERED, RETAINED, OR PROCESSED BY SUCH
 TECHNOLOGY;
   (III) ACCESSING OR USING A TECHNOLOGY OR  SERVICE  NOT  OWNED  BY  THE
 STATE  OR  LOCAL AGENCY OR AN EMPLOYEE OF SUCH AGENCY BUT WHICH IS OPER-
 ATED BY A THIRD PARTY, PROVIDED THAT THE AGENCY OR AN  EMPLOYEE  OF  THE
 AGENCY DOES NOT PROCESS, USE, REQUEST, OR RETAIN ANY INFORMATION CREATED
 A. 10036                            3

 BY  THE  BIOMETRIC  RECOGNITION TECHNOLOGY AND THAT NO BIOMETRIC DATA OF
 INDIVIDUALS NOT EMPLOYED BY SUCH AGENCY ARE  INTENTIONALLY  ENTERED,  OR
 PROCESSED BY SUCH TECHNOLOGY; OR
   (IV)  ACQUIRING,  ACCESSING,  OR  USING AN AUTOMATED OR SEMI-AUTOMATED
 PROCESS FOR THE PURPOSE OF REDACTING A RECORDING FOR RELEASE OR  DISCLO-
 SURE  OUTSIDE  THE  STATE  OR  LOCAL  AGENCY TO PROTECT THE PRIVACY OF A
 SUBJECT DEPICTED IN THE RECORDING, PROVIDED THAT THE  PROCESS  DOES  NOT
 GENERATE OR RESULT IN THE RETENTION OF ANY BIOMETRIC DATA.
   (D) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PREVENT A PUBLIC
 HEALTH  OR  PUBLIC  EDUCATION AGENCY FROM ACQUIRING, ACCESSING, OR USING
 BIOMETRIC RECOGNITION TECHNOLOGY OR BIOMETRIC DATA FOR PURPOSES  RELATED
 TO  PUBLIC  HEALTH, RESEARCH, OR EDUCATION, PROVIDED THAT SUCH BIOMETRIC
 RECOGNITION TECHNOLOGIES OR BIOMETRIC DATA ARE NOT  SHARED  WITH  A  LAW
 ENFORCEMENT AGENCY.
   (E)  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PREVENT A STATE
 OR LOCAL AGENCY FROM:
   (I) COLLECTING A GENETIC OR FINGERPRINT SAMPLE  OR  SAMPLES  THAT  ARE
 ABANDONED  AT  THE  SCENE  OF  AN  ALLEGED  CRIMINAL  OFFENSE AND IS NOT
 COLLECTED FROM THE PERSON OF A CRIMINAL SUSPECT; OR
   (II) COLLECTING GENETIC SAMPLES FROM AN INDIVIDUAL WHO IS  ALLEGED  TO
 BE THE VICTIM OF A CRIME AND WHO CONSENTS TO SUCH COLLECTION.
   3. ON OR BEFORE MAY FIRST, TWO THOUSAND TWENTY-TWO, AND ANNUALLY THER-
 EAFTER,  ANY  STATE OR LOCAL AGENCY USING OR ACQUIRING FOR USE BIOMETRIC
 RECOGNITION TECHNOLOGY OR BIOMETRIC DATA AS EXPLICITLY REQUIRED  BY  ANY
 OTHER PROVISION OF STATE LAW SHALL:
   (A)  TRANSMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE  SENATE,
 AND  THE MINORITY LEADER OF THE ASSEMBLY DETAILING EACH BIOMETRIC RECOG-
 NITION TECHNOLOGY OR TYPE OF  BIOMETRIC  DATA  IT  INTENDS  TO  ACQUIRE,
 ACCESS,  USE, COLLECT OR ANALYZE. EACH STATE OR LOCAL AGENCY REQUIRED TO
 FILE A REPORT SHALL ALSO PUBLISH SUCH REPORT ON THE STATE OR LOCAL AGEN-
 CY'S WEBSITE. SUCH REPORT SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO, THE
 FOLLOWING:
   (I) THE TYPE OF BIOMETRIC DATA;
   (II) THE TYPE AND VENDOR OF BIOMETRIC RECOGNITION TECHNOLOGY;
   (III) THE STATE LAW THAT, IN THE STATE OR LOCAL AGENCY'S VIEW, EXPLIC-
 ITLY REQUIRES SUCH ACQUISITION, ACCESS, USE, COLLECTION, OR ANALYSIS  OR
 BIOMETRIC RECOGNITION TECHNOLOGY OR BIOMETRIC DATA;
   (IV) THE TIME PERIOD, IF ANY, THAT THE BIOMETRIC DATA WILL BE RETAINED
 AND  THE REASONS THE SPECIFIC BIOMETRIC DATA WILL BE RETAINED FOR DURING
 THE DESIGNATED TIME PERIOD;
   (V) WHETHER ANY BIOMETRIC DATA WILL BE SHARED WITH ANOTHER  INDIVIDUAL
 OR  ENTITY  AND  IF  SO,  WITH  WHAT  INDIVIDUALS OR ENTITIES IT WILL BE
 SHARED, AND WHETHER EXPLICIT AUTHORIZATION EXISTS FOR SUCH  DATA  TO  BE
 SHARED;
   (VI) THE RISK OF AN UNAUTHORIZED ACCESS TO OR BREACH OF RETAINED BIOM-
 ETRIC  DATA,  SAFEGUARDS  OR  SECURITY MEASURES DESIGNED TO MITIGATE ANY
 SUCH RISK, AND APPROPRIATE CONSEQUENCES FOR FAILURE TO  ADHERE  TO  SUCH
 SAFEGUARDS OR SECURITY MEASURES IN THE EVENT OF UNAUTHORIZED ACCESS OR A
 BREACH; AND
   (VII)  RELATED TO ANY UNAUTHORIZED BREACHES OF RETAINED BIOMETRIC DATA
 SINCE MAY FIRST OF THE PREVIOUS YEAR, A DESCRIPTION  OF:  (1)  ANY  SUCH
 BREACHES;  (2)  THE  RESULTS OF ANY COMPLETED INVESTIGATIONS OF ANY SUCH
 BREACHES; (3) ANY ATTEMPTS TO NOTIFY ANYONE IMPACTED BY ANY SUCH  BREACH
 OR WHOSE BIOMETRIC DATA MAY HAVE BEEN UNLAWFULLY ACCESSED; AND
 A. 10036                            4

   (4)  ANY  ACTIONS  THE  STATE OR LOCAL AGENCY HAS TAKEN TO ADDRESS ANY
 BREACHES.
   (B) TRANSMIT AN EQUITY IMPACT ASSESSMENT AS DEFINED IN SUBDIVISION ONE
 OF  THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
 THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND  THE
 MINORITY LEADER OF THE ASSEMBLY AS WELL AS PUBLISHING SUCH ASSESSMENT TO
 THE STATE AGENCY, POLICE AGENCY, OR THE STATE POLICE'S OWN WEB PAGE.
   (C) TRANSMIT AN EQUITY IMPACT ASSESSMENT AS DEFINED IN SUBDIVISION ONE
 OF THIS SECTION TO THE CIVIL RIGHTS BUREAU OF THE OFFICE OF THE ATTORNEY
 GENERAL,  WHICH SHALL REVIEW SUCH ASSESSMENT AND MAKE RECOMMENDATIONS OR
 TAKE OTHER ACTION AS MAY BE APPROPRIATE WITH RESPECT TO ANY DISPARITY OR
 INACCURACY IDENTIFIED IN SUCH ASSESSMENT.
   § 2. The executive law is amended by adding a new section 235 to  read
 as follows:
   § 235. USE OF BIOMETRIC RECOGNITION TECHNOLOGY PROHIBITED. 1.  FOR THE
 PURPOSES  OF  THIS  SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "BIOMETRIC DATA" SHALL MEAN ANY MEASURABLE PHYSIOLOGICAL,  BIOLOG-
 ICAL  OR  BEHAVIORAL  CHARACTERISTICS THAT ARE ATTRIBUTABLE TO A PERSON,
 INCLUDING  FACIAL  CHARACTERISTICS,  FINGERPRINT  CHARACTERISTICS,  HAND
 CHARACTERISTICS,  EYE  CHARACTERISTICS,  GENETIC  CHARACTERISTICS, VOCAL
 CHARACTERISTICS, THERMAL CHARACTERISTICS THAT CAN BE USED, EITHER SINGU-
 LARLY OR IN COMBINATION WITH EACH OTHER OR CAN  BE  PAIRED  OR  COMBINED
 WITH OTHER INFORMATION, TO ESTABLISH INDIVIDUAL IDENTITY.
   (B)  "BIOMETRIC  RECOGNITION TECHNOLOGY" SHALL MEAN EITHER OR BOTH (I)
 ANY AUTOMATED OR SEMI-AUTOMATED PROCESS OR PROCESSES BY WHICH  A  PERSON
 IS  IDENTIFIED  OR  ATTEMPTED  TO BE IDENTIFIED BASED ON THEIR BIOMETRIC
 DATA, INCLUDING  IDENTIFICATION  OF  KNOWN  OR  UNKNOWN  INDIVIDUALS  OR
 GROUPS; AND/OR (II) ANY AUTOMATED OR SEMI-AUTOMATED PROCESS OR PROCESSES
 THAT  GENERATES OR ASSISTS IN GENERATING, INFORMATION ABOUT ANY INDIVID-
 UAL BASED ON THEIR BIOMETRIC DATA, INCLUDING BUT NOT LIMITED TO EMOTION,
 AFFECT, OR BEHAVIOR DETECTION.
   (C) "EQUITY IMPACT ASSESSMENT" SHALL MEAN AN AUDIT AND REPORT ADDRESS-
 ING, AT A MINIMUM, THE FOLLOWING:
   (I) EVALUATION OF POTENTIAL BENEFITS, HARMS, AND IMPACTS ON PERSONS OR
 GROUPS OF PERSONS WHO ARE PROTECTED FROM DISCRIMINATION AS SET FORTH  IN
 ARTICLE FIFTEEN OF THIS CHAPTER, INCLUDING SPECIFIC CONSIDERATIONS BASED
 ON  A  PERSON'S ETHNIC AND RACIAL BACKGROUND. SUCH EVALUATION SHALL ALSO
 INCLUDE, ALTHOUGH NOT BE LIMITED TO THE DISPROPORTIONATE COLLECTION  AND
 USE  OF  SUCH  TECHNOLOGY  ON  ETHNIC  AND RACIAL MINORITIES IN NEW YORK
 STATE, THE DISPROPORTIONATE USE OF SUCH TECHNOLOGY  IN  LOCATIONS  WHERE
 ETHNIC  AND RACIAL MINORITIES RESIDE, AND THE DISPROPORTIONATE REPRESEN-
 TATION OF PARTICULAR ETHNIC AND  RACIAL  MINORITIES  IN  ANY  UNDERLYING
 DATASETS USED TO DEVELOP AND/OR IMPLEMENT SUCH TECHNOLOGY;
   (II) EVALUATION OF THE EFFICACY AND ACCURACY OF THE BIOMETRIC RECOGNI-
 TION  TECHNOLOGY, INCLUDING THE ACCURACY OF SUCH TECHNOLOGY IN IDENTIFY-
 ING PERSONS WHO BELONG TO A GROUP OR  GROUPS  PROTECTED  FROM  DISCRIMI-
 NATION  AS  SET  FORTH  IN  ARTICLE  FIFTEEN  OF  THIS  CHAPTER,  AND  A
 DESCRIPTION OF THE METHODOLOGY OF  SUCH  EVALUATION,  INCLUDING  WHETHER
 SUCH EVALUATION INVOLVED A CONTROLLED OR REAL-WORLD STUDY;
   (III)  STEPS  TAKEN  OR  PLANNED  BY  THE  DIVISION OF STATE POLICE TO
 ADDRESS AND TO REDUCE ANY  DISPARITIES  OR  INACCURACIES  IDENTIFIED  IN
 SUBPARAGRAPHS  (I)  OR  (II)  OF THIS PARAGRAPH, ALONG WITH THE AGENCY'S
 REASONING FOR CONTINUING TO USE  THE  BIOMETRIC  RECOGNITION  TECHNOLOGY
 DESPITE THE DISPARATE IMPACT OR INACCURACY;
 A. 10036                            5
 
   (IV)  PROCEDURES TO ADDRESS AND CHALLENGE FALSE RESULTS AND PROTECTIVE
 MEASURES AND  PREVENTATIVE  CHECKS  AGAINST  SUCH  OCCURRENCES,  AND  AN
 ASSESSMENT OF THE ADEQUACY OF SUCH PROCEDURES;
   (V)  WHAT  PROTECTIONS ARE PUT IN PLACE FOR DUE PROCESS, PRIVACY, FREE
 SPEECH AND ASSOCIATION, AND RACIAL, GENDER, AND RELIGIOUS EQUITY;
   (VI) WHETHER THE DIVISION OF STATE POLICE CONSIDERED A  LESS-INTRUSIVE
 ALTERNATIVE  PRIOR TO UTILIZING THE TECHNOLOGY, AND IF SO, A DESCRIPTION
 OF SUCH AN EXPLANATION FOR WHY SUCH ALTERNATIVE WAS NOT ULTIMATELY USED;
 AND
   (VII) COSTS ASSOCIATED WITH THE USE OF THE TECHNOLOGY AND  STORAGE  OF
 RELEVANT  DATA, INCLUDING ANY MAINTENANCE COSTS, ADMINISTRATIVE COSTS OR
 OTHER COSTS INCURRED.
   2. (A) UNLESS EXPLICITLY REQUIRED BY OTHER PROVISIONS OF STATE LAW, IT
 SHALL BE UNLAWFUL FOR ANY MEMBER OF THE DIVISION OF STATE POLICE TO:
   (I) ACQUIRE, ACCESS, OR USE ANY BIOMETRIC  RECOGNITION  TECHNOLOGY  OR
 ANY BIOMETRIC DATA; OR
   (II)  DIRECT  THE  USE  OF ANY BIOMETRIC RECOGNITION TECHNOLOGY OR THE
 COLLECTION OF ANY BIOMETRIC DATA BY A THIRD PARTY.
   (B) TO THE EXTENT THAT THE DIVISION OF STATE POLICE IS CURRENTLY USING
 ANY BIOMETRIC RECOGNITION TECHNOLOGY OR COLLECTING  ANY  BIOMETRIC  DATA
 AND  SUCH  USE  OR  COLLECTION  IS  NOT  OTHERWISE REQUIRED BY ANY OTHER
 PROVISION OF STATE LAW, THE DIVISION OF STATE POLICE  SHALL  IMMEDIATELY
 STOP USING SUCH TECHNOLOGY OR DATA.
   (C)  NOTHING  IN  THIS  SUBDIVISION  SHALL BE CONSTRUED TO PREVENT THE
 STATE POLICE OR A MEMBER OF THE STATE POLICE FROM:
   (I) OBTAINING OR POSSESSING ANY DEVICE EQUIPPED WITH BIOMETRIC  RECOG-
 NITION  TECHNOLOGY,  PROVIDED  SUCH DEVICE IS BEING HELD AS EVIDENCE AND
 THE DIVISION OF STATE POLICE OR THE EMPLOYEE OF THE  DIVISION  OF  STATE
 POLICE  DOES  NOT  ACCESS OR USE THE BIOMETRIC RECOGNITION TECHNOLOGY OF
 SUCH DEVICE;
   (II) ACQUIRING, ACCESSING, OR USING ANY BIOMETRIC RECOGNITION TECHNOL-
 OGY ON A DEVICE OWNED BY THE DIVISION OF STATE POLICE OR AN EMPLOYEE  OF
 THE  DIVISION  OF STATE POLICE, FOR THE SOLE PURPOSE OF USER AUTHENTICA-
 TION OF AGENCY EMPLOYEES PROVIDED THAT THE DIVISION OF STATE POLICE DOES
 NOT ACCESS OR USE SUCH BIOMETRIC RECOGNITION TECHNOLOGY  FOR  ANY  OTHER
 PURPOSE  OTHER  THAN  USER AUTHENTICATION AND PROVIDED THAT NO BIOMETRIC
 DATA OF INDIVIDUALS NOT EMPLOYED BY THE DIVISION  OF  STATE  POLICE  ARE
 INTENTIONALLY ENTERED, RETAINED, OR PROCESSED BY SUCH TECHNOLOGY;
   (III)  ACCESSING  OR  USING  A  TECHNOLOGY OR SERVICE NOT OWNED BY THE
 DIVISION OF STATE POLICE OR AN EMPLOYEE OF THE DIVISION OF STATE  POLICE
 BUT  WHICH  IS  OPERATED BY A THIRD PARTY, PROVIDED THAT THE DIVISION OF
 STATE POLICE OR AN EMPLOYEE OF THE DIVISION OF  STATE  POLICE  DOES  NOT
 PROCESS,  USE,  REQUEST, OR RETAIN ANY INFORMATION CREATED BY THE BIOME-
 TRIC RECOGNITION TECHNOLOGY AND THAT NO BIOMETRIC  DATA  OF  INDIVIDUALS
 NOT  EMPLOYED BY THE DIVISION OF STATE POLICE ARE INTENTIONALLY ENTERED,
 OR PROCESSED BY SUCH TECHNOLOGY; OR
   (IV) ACQUIRING, ACCESSING, OR USING  AN  AUTOMATED  OR  SEMI-AUTOMATED
 PROCESS  FOR THE PURPOSE OF REDACTING A RECORDING FOR RELEASE OR DISCLO-
 SURE OUTSIDE THE DIVISION OF STATE POLICE TO PROTECT THE  PRIVACY  OF  A
 SUBJECT  DEPICTED  IN  THE RECORDING, PROVIDED THAT THE PROCESS DOES NOT
 GENERATE OR RESULT IN THE RETENTION OF ANY BIOMETRIC DATA.
   (D) NOTHING IN THIS SUBDIVISION SHALL  BE  CONSTRUED  TO  PREVENT  THE
 DIVISION  OF  STATE  POLICE  OR  MEMBERS OF THE DIVISION OF STATE POLICE
 FROM:
 A. 10036                            6
 
   (I) COLLECTING A GENETIC OR FINGERPRINT SAMPLE  OR  SAMPLES  THAT  ARE
 ABANDONED  AT  THE  SCENE  OF  AN  ALLEGED  CRIMINAL  OFFENSE AND IS NOT
 COLLECTED FROM THE PERSON OF A CRIMINAL SUSPECT; OR
   (II)  COLLECTING  GENETIC SAMPLES FROM AN INDIVIDUAL WHO IS ALLEGED TO
 BE THE VICTIM OF A CRIME AND WHO CONSENTS TO SUCH COLLECTION.
   3. ON OR BEFORE MAY FIRST, TWO THOUSAND TWENTY-TWO AND ANNUALLY THERE-
 AFTER, ANY DIVISION OF STATE POLICE USING OR ACQUIRING FOR USE BIOMETRIC
 RECOGNITION TECHNOLOGY OR BIOMETRIC DATA AS EXPLICITLY REQUIRED  BY  ANY
 OTHER PROVISION OF STATE LAW SHALL:
   (A)  TRANSMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE  SENATE,
 AND  THE MINORITY LEADER OF THE ASSEMBLY DETAILING EACH BIOMETRIC RECOG-
 NITION TECHNOLOGY OR TYPE OF  BIOMETRIC  DATA  IT  INTENDS  TO  ACQUIRE,
 ACCESS,  USE, COLLECT OR ANALYZE. EACH DIVISION OF STATE POLICE REQUIRED
 TO FILE A REPORT SHALL ALSO PUBLISH SUCH REPORT ON THE DIVISION OF STATE
 POLICE'S WEBSITE. SUCH REPORT SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO,
 THE FOLLOWING:
   (I) THE TYPE OF BIOMETRIC DATA;
   (II) THE TYPE AND VENDOR OF BIOMETRIC RECOGNITION TECHNOLOGY;
   (III) THE STATE LAW THAT, IN THE  DIVISION  OF  STATE  POLICE'S  VIEW,
 EXPLICITLY REQUIRES SUCH ACQUISITION, ACCESS, USE, COLLECTION, OR ANALY-
 SIS OR BIOMETRIC RECOGNITION TECHNOLOGY OR BIOMETRIC DATA;
   (IV) THE TIME PERIOD, IF ANY, THAT THE BIOMETRIC DATA WILL BE RETAINED
 AND  THE REASONS THE SPECIFIC BIOMETRIC DATA WILL BE RETAINED FOR DURING
 THE DESIGNATED TIME PERIOD;
   (V) WHETHER ANY BIOMETRIC DATA WILL BE SHARED WITH ANOTHER  INDIVIDUAL
 OR  ENTITY  AND  IF  SO,  WITH  WHAT  INDIVIDUALS OR ENTITIES IT WILL BE
 SHARED, AND WHETHER EXPLICIT AUTHORIZATION EXISTS FOR SUCH  DATA  TO  BE
 SHARED;
   (VI) THE RISK OF AN UNAUTHORIZED ACCESS TO OR BREACH OF RETAINED BIOM-
 ETRIC  DATA,  SAFEGUARDS  OR  SECURITY MEASURES DESIGNED TO MITIGATE ANY
 SUCH RISK, AND APPROPRIATE CONSEQUENCES FOR FAILURE TO  ADHERE  TO  SUCH
 SAFEGUARDS OR SECURITY MEASURES IN THE EVENT OF UNAUTHORIZED ACCESS OR A
 BREACH; AND
   (VII)  RELATED TO ANY UNAUTHORIZED BREACHES OF RETAINED BIOMETRIC DATA
 SINCE MAY FIRST OF THE PREVIOUS YEAR, A DESCRIPTION  OF:  (1)  ANY  SUCH
 BREACHES;  (2)  THE  RESULTS OF ANY COMPLETED INVESTIGATIONS OF ANY SUCH
 BREACHES; (3) ANY ATTEMPTS TO NOTIFY ANYONE IMPACTED BY ANY SUCH  BREACH
 OR  WHOSE  BIOMETRIC DATA MAY HAVE BEEN UNLAWFULLY ACCESSED; AND (4) ANY
 ACTIONS THE AGENCY HAS TAKEN TO ADDRESS ANY BREACHES.
   (B) TRANSMIT AN EQUITY IMPACT ASSESSMENT AS DEFINED IN SUBDIVISION ONE
 OF THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,
 THE  SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE
 MINORITY LEADER OF THE ASSEMBLY AS WELL AS PUBLISHING SUCH ASSESSMENT TO
 THE STATE AGENCY, POLICE AGENCY, OR THE DIVISION OF STATE  POLICE'S  OWN
 WEB PAGE.
   (C) TRANSMIT AN EQUITY IMPACT ASSESSMENT AS DEFINED IN SUBDIVISION ONE
 OF THIS SECTION TO THE CIVIL RIGHTS BUREAU OF THE OFFICE OF THE ATTORNEY
 GENERAL,  WHICH SHALL REVIEW SUCH ASSESSMENT AND MAKE RECOMMENDATIONS OR
 TAKE OTHER ACTION AS MAY BE APPROPRIATE WITH RESPECT TO ANY DISPARITY OR
 INACCURACY IDENTIFIED IN SUCH ASSESSMENT.
   § 3. The executive law is amended by adding a  new  section  837-x  to
 read as follows:
   §  837-X.  USE OF BIOMETRIC RECOGNITION TECHNOLOGY PROHIBITED. 1.  FOR
 THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE  FOLLOW-
 ING MEANINGS:
 A. 10036                            7
 
   (A)  "BIOMETRIC DATA" SHALL MEAN ANY MEASURABLE PHYSIOLOGICAL, BIOLOG-
 ICAL OR BEHAVIORAL CHARACTERISTICS THAT ARE ATTRIBUTABLE  TO  A  PERSON,
 INCLUDING  FACIAL  CHARACTERISTICS,  FINGERPRINT  CHARACTERISTICS,  HAND
 CHARACTERISTICS, EYE  CHARACTERISTICS,  GENETIC  CHARACTERISTICS,  VOCAL
 CHARACTERISTICS, THERMAL CHARACTERISTICS THAT CAN BE USED, EITHER SINGU-
 LARLY  OR  IN  COMBINATION  WITH EACH OTHER OR CAN BE PAIRED OR COMBINED
 WITH OTHER INFORMATION, TO ESTABLISH INDIVIDUAL IDENTITY.
   (B) "BIOMETRIC RECOGNITION TECHNOLOGY" SHALL MEAN EITHER OR  BOTH  (I)
 ANY  AUTOMATED  OR SEMI-AUTOMATED PROCESS OR PROCESSES BY WHICH A PERSON
 IS IDENTIFIED OR ATTEMPTED TO BE IDENTIFIED  BASED  ON  THEIR  BIOMETRIC
 DATA,  INCLUDING  IDENTIFICATION  OF  KNOWN  OR  UNKNOWN  INDIVIDUALS OR
 GROUPS; AND/OR (II) ANY AUTOMATED OR SEMI-AUTOMATED PROCESS OR PROCESSES
 THAT GENERATES OR ASSISTS IN GENERATING, INFORMATION ABOUT ANY  INDIVID-
 UAL BASED ON THEIR BIOMETRIC DATA, INCLUDING BUT NOT LIMITED TO EMOTION,
 AFFECT, OR BEHAVIOR DETECTION.
   (C) "EQUITY IMPACT ASSESSMENT" SHALL MEAN AN AUDIT AND REPORT ADDRESS-
 ING, AT A MINIMUM, THE FOLLOWING:
   (I) EVALUATION OF POTENTIAL BENEFITS, HARMS, AND IMPACTS ON PERSONS OR
 GROUPS  OF PERSONS WHO ARE PROTECTED FROM DISCRIMINATION AS SET FORTH IN
 ARTICLE FIFTEEN OF THIS CHAPTER, INCLUDING SPECIFIC CONSIDERATIONS BASED
 ON A PERSON'S ETHNIC AND RACIAL BACKGROUND. SUCH EVALUATION  SHALL  ALSO
 INCLUDE,  ALTHOUGH NOT BE LIMITED TO THE DISPROPORTIONATE COLLECTION AND
 USE OF SUCH TECHNOLOGY ON ETHNIC  AND  RACIAL  MINORITIES  IN  NEW  YORK
 STATE,  THE  DISPROPORTIONATE  USE OF SUCH TECHNOLOGY IN LOCATIONS WHERE
 ETHNIC AND RACIAL MINORITIES RESIDE, AND THE DISPROPORTIONATE  REPRESEN-
 TATION  OF  PARTICULAR  ETHNIC  AND  RACIAL MINORITIES IN ANY UNDERLYING
 DATASETS USED TO DEVELOP AND/OR IMPLEMENT SUCH TECHNOLOGY;
   (II) EVALUATION OF THE EFFICACY AND ACCURACY OF THE BIOMETRIC RECOGNI-
 TION TECHNOLOGY, INCLUDING THE ACCURACY OF SUCH TECHNOLOGY IN  IDENTIFY-
 ING  PERSONS  WHO  BELONG  TO A GROUP OR GROUPS PROTECTED FROM DISCRIMI-
 NATION  AS  SET  FORTH  IN  ARTICLE  FIFTEEN  OF  THIS  CHAPTER,  AND  A
 DESCRIPTION  OF  THE  METHODOLOGY  OF SUCH EVALUATION, INCLUDING WHETHER
 SUCH EVALUATION INVOLVED A CONTROLLED OR REAL-WORLD STUDY;
   (III) STEPS TAKEN OR PLANNED BY THE AGENCY TO ADDRESS  AND  TO  REDUCE
 ANY  DISPARITIES OR INACCURACIES IDENTIFIED IN SUBPARAGRAPHS (I) OR (II)
 OF THIS PARAGRAPH, ALONG WITH THE POLICE AGENCY, POLICE OFFICER OR PEACE
 OFFICER'S REASONING FOR CONTINUING  TO  USE  THE  BIOMETRIC  RECOGNITION
 TECHNOLOGY DESPITE THE DISPARATE IMPACT OR INACCURACY;
   (IV)  PROCEDURES TO ADDRESS AND CHALLENGE FALSE RESULTS AND PROTECTIVE
 MEASURES AND  PREVENTATIVE  CHECKS  AGAINST  SUCH  OCCURRENCES,  AND  AN
 ASSESSMENT OF THE ADEQUACY OF SUCH PROCEDURES;
   (V)  WHAT  PROTECTIONS ARE PUT IN PLACE FOR DUE PROCESS, PRIVACY, FREE
 SPEECH AND ASSOCIATION, AND RACIAL, GENDER, AND RELIGIOUS EQUITY;
   (VI) WHETHER THE  POLICE  AGENCY,  POLICE  OFFICER  OR  PEACE  OFFICER
 CONSIDERED A LESS-INTRUSIVE ALTERNATIVE PRIOR TO UTILIZING THE TECHNOLO-
 GY,  AND IF SO, A DESCRIPTION OF SUCH AN EXPLANATION FOR WHY SUCH ALTER-
 NATIVE WAS NOT ULTIMATELY USED; AND
   (VII) COSTS ASSOCIATED WITH THE USE OF THE TECHNOLOGY AND  STORAGE  OF
 RELEVANT  DATA, INCLUDING ANY MAINTENANCE COSTS, ADMINISTRATIVE COSTS OR
 OTHER COSTS INCURRED.
   2. (A) UNLESS EXPLICITLY REQUIRED BY OTHER PROVISIONS OF STATE LAW, IT
 SHALL BE UNLAWFUL FOR ANY POLICE AGENCY, POLICE OFFICER OR PEACE OFFICER
 TO:
   (I) ACQUIRE, ACCESS, OR USE ANY BIOMETRIC  RECOGNITION  TECHNOLOGY  OR
 ANY BIOMETRIC DATA; OR
 A. 10036                            8
 
   (II)  DIRECT  THE  USE  OF ANY BIOMETRIC RECOGNITION TECHNOLOGY OR THE
 COLLECTION OF ANY BIOMETRIC DATA BY A THIRD PARTY.
   (B)  TO  THE  EXTENT  THAT  ANY POLICE AGENCY, POLICE OFFICER OR PEACE
 OFFICER IS CURRENTLY  USING  ANY  BIOMETRIC  RECOGNITION  TECHNOLOGY  OR
 COLLECTING  ANY  BIOMETRIC DATA AND SUCH USE OR COLLECTION IS NOT OTHER-
 WISE REQUIRED BY ANY OTHER PROVISION OF STATE LAW, SUCH  POLICE  AGENCY,
 POLICE  OFFICER OR PEACE OFFICER SHALL IMMEDIATELY STOP USING SUCH TECH-
 NOLOGY OR DATA.
   (C) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PREVENT A POLICE
 AGENCY, POLICE OFFICER OR PEACE OFFICER FROM:
   (I) OBTAINING OR POSSESSING ANY DEVICE EQUIPPED WITH BIOMETRIC  RECOG-
 NITION  TECHNOLOGY,  PROVIDED  SUCH DEVICE IS BEING HELD AS EVIDENCE AND
 THE POLICE AGENCY, POLICE OFFICER OR PEACE OFFICER DOES  NOT  ACCESS  OR
 USE THE BIOMETRIC RECOGNITION TECHNOLOGY OF SUCH DEVICE; OR
   (II) ACQUIRING, ACCESSING, OR USING ANY BIOMETRIC RECOGNITION TECHNOL-
 OGY  ON  A  DEVICE  OWNED  BY THE POLICE AGENCY, POLICE OFFICER OR PEACE
 OFFICER FOR THE SOLE PURPOSE OF USER  AUTHENTICATION  OF  POLICE  AGENCY
 EMPLOYEES,  POLICE  OFFICERS  OR PEACE OFFICERS PROVIDED THAT THE POLICE
 AGENCY DOES NOT ACCESS OR USE SUCH BIOMETRIC RECOGNITION TECHNOLOGY  FOR
 ANY  OTHER  PURPOSE  OTHER THAN USER AUTHENTICATION AND PROVIDED THAT NO
 BIOMETRIC DATA OF INDIVIDUALS NOT EMPLOYED  BY  THE  POLICE  AGENCY  ARE
 INTENTIONALLY ENTERED, RETAINED, OR PROCESSED BY SUCH TECHNOLOGY; OR
   (III)  ACCESSING  OR  USING  A  TECHNOLOGY OR SERVICE NOT OWNED BY THE
 POLICE AGENCY, POLICE OFFICER OR PEACE OFFICER BUT WHICH IS OPERATED  BY
 A  THIRD PARTY, PROVIDED THAT THE POLICE AGENCY, POLICE OFFICER OR PEACE
 OFFICER DOES NOT  PROCESS,  USE,  REQUEST,  OR  RETAIN  ANY  INFORMATION
 CREATED  BY  THE  BIOMETRIC  RECOGNITION  TECHNOLOGY AND THAT NO DATA OF
 INDIVIDUALS NOT EMPLOYED BY THE POLICE AGENCY ARE INTENTIONALLY ENTERED,
 OR PROCESSED BY SUCH TECHNOLOGY; OR
   (IV) ACQUIRING, ACCESSING, OR USING  AN  AUTOMATED  OR  SEMI-AUTOMATED
 PROCESS  FOR THE PURPOSE OF REDACTING A RECORDING FOR RELEASE OR DISCLO-
 SURE OUTSIDE THE POLICE AGENCY TO  PROTECT  THE  PRIVACY  OF  A  SUBJECT
 DEPICTED  IN  THE RECORDING, PROVIDED THAT THE PROCESS DOES NOT GENERATE
 OR RESULT IN THE RETENTION OF ANY BIOMETRIC DATA.
   (D) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PREVENT A POLICE
 AGENCY, POLICE OFFICER OR PEACE OFFICER FROM:
   (I) COLLECTING A GENETIC OR FINGERPRINT SAMPLE  OR  SAMPLES  THAT  ARE
 ABANDONED  AT  THE  SCENE  OF  AN  ALLEGED  CRIMINAL  OFFENSE AND IS NOT
 COLLECTED FROM THE PERSON OF A CRIMINAL SUSPECT; OR
   (II) COLLECTING GENETIC SAMPLES FROM AN INDIVIDUAL WHO IS  ALLEGED  TO
 BE THE VICTIM OF A CRIME AND WHO CONSENTS TO SUCH COLLECTION.
   3. ON OR BEFORE MAY FIRST, TWO THOUSAND TWENTY-TWO AND ANNUALLY THERE-
 AFTER,  ANY  POLICE AGENCY USING OR ACQUIRING FOR USE BIOMETRIC RECOGNI-
 TION TECHNOLOGY OR BIOMETRIC DATA AS EXPLICITLY REQUIRED  BY  ANY  OTHER
 PROVISION OF STATE LAW SHALL:
   (A)  TRANSMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE  SENATE,
 AND  THE MINORITY LEADER OF THE ASSEMBLY DETAILING EACH BIOMETRIC RECOG-
 NITION TECHNOLOGY OR TYPE OF  BIOMETRIC  DATA  IT  INTENDS  TO  ACQUIRE,
 ACCESS,  USE,  COLLECT OR ANALYZE. EACH POLICE AGENCY REQUIRED TO FILE A
 REPORT SHALL ALSO PUBLISH SUCH REPORT ON THE  POLICE  AGENCY'S  WEBSITE.
 SUCH REPORT SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (I) THE TYPE OF BIOMETRIC DATA;
   (II) THE TYPE AND VENDOR OF BIOMETRIC RECOGNITION TECHNOLOGY;
 A. 10036                            9
 
   (III)  THE  STATE  LAW  THAT,  IN THE POLICE AGENCY'S VIEW, EXPLICITLY
 REQUIRES SUCH ACQUISITION, ACCESS, USE, COLLECTION, OR ANALYSIS OR BIOM-
 ETRIC RECOGNITION TECHNOLOGY OR BIOMETRIC DATA;
   (IV) THE TIME PERIOD, IF ANY, THAT THE BIOMETRIC DATA WILL BE RETAINED
 AND  THE REASONS THE SPECIFIC BIOMETRIC DATA WILL BE RETAINED FOR DURING
 THE DESIGNATED TIME PERIOD;
   (V) WHETHER ANY BIOMETRIC DATA WILL BE SHARED WITH ANOTHER  INDIVIDUAL
 OR  ENTITY  AND  IF  SO,  WITH  WHAT  INDIVIDUALS OR ENTITIES IT WILL BE
 SHARED, AND WHETHER EXPLICIT AUTHORIZATION EXISTS FOR SUCH  DATA  TO  BE
 SHARED;
   (VI) THE RISK OF AN UNAUTHORIZED ACCESS TO OR BREACH OF RETAINED BIOM-
 ETRIC  DATA,  SAFEGUARDS  OR  SECURITY MEASURES DESIGNED TO MITIGATE ANY
 SUCH RISK, AND APPROPRIATE CONSEQUENCES FOR FAILURE TO  ADHERE  TO  SUCH
 SAFEGUARDS OR SECURITY MEASURES IN THE EVENT OF UNAUTHORIZED ACCESS OR A
 BREACH; AND
   (VII)  RELATED TO ANY UNAUTHORIZED BREACHES OF RETAINED BIOMETRIC DATA
 SINCE MAY FIRST OF THE PREVIOUS YEAR, A DESCRIPTION  OF:  (1)  ANY  SUCH
 BREACHES;  (2)  THE  RESULTS OF ANY COMPLETED INVESTIGATIONS OF ANY SUCH
 BREACHES; (3) ANY ATTEMPTS TO NOTIFY ANYONE IMPACTED BY ANY SUCH  BREACH
 OR  WHOSE  BIOMETRIC DATA MAY HAVE BEEN UNLAWFULLY ACCESSED; AND (4) ANY
 ACTIONS THE AGENCY HAS TAKEN TO ADDRESS ANY BREACHES.
   (B) TRANSMIT AN EQUITY IMPACT ASSESSMENT AS DEFINED IN SUBDIVISION ONE
 OF THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,
 THE  SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE
 MINORITY LEADER OF THE ASSEMBLY AS WELL AS PUBLISHING SUCH ASSESSMENT TO
 THE STATE AGENCY, POLICE AGENCY, OR THE STATE POLICE'S OWN WEB PAGE.
   (C) TRANSMIT AN EQUITY IMPACT ASSESSMENT AS DEFINED IN SUBDIVISION ONE
 OF THIS SECTION TO THE CIVIL RIGHTS BUREAU OF THE OFFICE OF THE ATTORNEY
 GENERAL, WHICH SHALL REVIEW SUCH ASSESSMENT AND MAKE RECOMMENDATIONS  OR
 TAKE OTHER ACTION AS MAY BE APPROPRIATE WITH RESPECT TO ANY DISPARITY OR
 INACCURACY IDENTIFIED IN SUCH ASSESSMENT.
   § 4. This act shall take effect immediately.