Senate Bill S6428

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6428
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 10, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT creating the "automated decision systems task force" and provid-
   ing for the powers and duties thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "automated decision systems task force".
   § 2. Definitions. For the purposes of this act,  the  following  terms
 shall have the following meanings:
   1.  "Automated  decision  systems"  shall  mean any software system or
 process that aims to aid or  replace  human  decision-making.  Automated
 decision  systems  can  include  analyzing  complex datasets to generate
 scores, predictions, classifications, or some recommended actions, which
 are used by agencies to make decisions that impact human welfare.
   2. "Charitable corporation" shall have the meaning  ascribed  to  such
 term by section 102 of the not-for-profit corporation law.
   3.  "Agency"  shall  have the meaning ascribed to such term by section
 102 of the state administrative procedure act.
   § 3. Automated decision systems  task  force;  members.  1.  There  is
 created   the  "automated  decision  systems  task  force"  (hereinafter
 referred to as the task force) consisting of  fifteen,  non-governmental
 members  with  expertise  in  the areas of fairness, accountability, and
 transparency relating to automated decision systems. No fewer than seven
 members shall be persons affiliated with  charitable  corporations  that
 represent  persons  in  the  state affected by agency automated decision
 systems one of whom shall be appointed chairperson. The members shall be
 appointed as follows:
   a. four members to be appointed by the governor;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13241-01-9

              

 S. 6428                             2
 
   b. three members to be appointed by the attorney general including the
 chairperson who shall be one of the seven  or  more  members  affiliated
 with a charitable corporation as prescribed above;
   c.  three  members  to  be appointed by the temporary president of the
 senate;
   d. three members to appointed by the speaker of the assembly;
   e. one member to be appointed by the minority leader  of  the  senate;
 and
   f. one member to be appointed by the minority leader of the assembly.
   2.  The members of the task force shall serve without compensation but
 shall be entitled to reimbursement for their  reasonable  and  necessary
 expenses incurred in the performance of their duties.
   3.  The  task force may utilize skilled experts, and shall receive the
 cooperation of those state agencies it deems appropriate to  assist  the
 task force in carrying out its duties.
   4. The task force shall meet no fewer than once a month.
   §  4.  Automated  decision  systems task force; duties. The task force
 shall:
   1. compile a list of existing automated decision systems used  by  all
 state agencies;
   2. analyze how, by whom, and to what end automated decision systems in
 use  in  New  York  state were created and the privacy issues associated
 with the use of automated decision systems; and
   3. hold regular public hearings, and maintain full video  and  written
 documentation  accessible  in  person  and  online, on issues related to
 automated decision systems.
   § 5. The task force shall prepare  a  report  for  submission  to  the
 governor and the legislature that shall include, at a minimum, the spec-
 ified duties of subdivisions one and two of section four of this act and
 make specific recommendations on:
   1.  whether  and how existing state laws, regulations, programs, poli-
 cies, and practices related to the use  of  automated  decision  systems
 should be changed to promote fairness, accountability, and transparency;
   2.  development  and  implementation  of  a  procedure through which a
 person affected by a decision  concerning  a  rule,  policy,  or  action
 implemented  by New York state, where such decision was made by, or with
 the assistance of an agency automated decision system, may  request  and
 receive an explanation of such decision and the basis therefor;
   3.  development  and implementation of a procedure that may be used by
 the state to determine  whether  an  agency  automated  decision  system
 disproportionately  impacts  protected  classes  of  persons  defined in
 subdivision 1 of section 291 of the executive law;
   4. development  and  implementation  of  a  procedure  for  addressing
 instances  in  which  a person is harmed by an agency automated decision
 system  if  any  such  system  is  found  to  disproportionately  impact
 protected  classes of persons defined in subdivision 1 of section 291 of
 the executive law;
   5. development and implementation of a process for making  information
 publicly available that, for each agency automated decision system, will
 allow the public to meaningfully assess how such system functions and is
 used  by  the  state,  including making technical information about such
 system publicly available; and
   6. development and implementation of a procedure for archiving  agency
 automated  decision systems, data used to determine predictive relation-
 ships among data for such systems and input data for such systems.

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   § 6. The task force shall issue its findings, in the form of a written
 report, no later than 24 months after such task force is established.
   §  7.  The  secretary  of state shall provide the task force with such
 facilities, assistance, and data as will enable the task force to  carry
 out  its powers and duties. Additionally, all other departments or agen-
 cies of the state or subdivisions thereof shall, at the request  of  the
 chairpersons,  provide  the task force with such facilities, assistance,
 and data as will enable the task force  to  carry  out  its  powers  and
 duties.
   §  8.  Such  task force shall dissolve 60 days after submission of the
 report required by section five of this act.
   § 9. The governor shall, no later than 10 days after  receipt  of  the
 report  required by section five of this act,  make such report publicly
 available online through the state's website.
   § 10. This act shall take effect immediately.