Prohibits state agencies and state-owned entities from utilizing large language models or any artificial intelligence systems to make decisions that affect individuals' rights, benefits, or services; requires such decisions to be made by human personnel of the respective state agency or state-owned entity; provides exceptions; provides for enforcement.
S T A T E O F N E W Y O R K
________________________________________________________________________
10583
I N A S S E M B L Y
June 20, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A.
Bichotte Hermelyn) -- read once and referred to the Committee on
Science and Technology
AN ACT to amend the state technology law, in relation to prohibiting the
use of certain artificial intelligence models
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state technology law is amended by adding a new section
106-c to read as follows:
§ 106-C. USE OF ARTIFICIAL INTELLIGENCE PROGRAMS. 1. AS USED IN THIS
SECTION:
A. "ARTIFICIAL INTELLIGENCE" OR "AI" MEANS ANY MACHINE-BASED SYSTEM
THAT MAKES DECISIONS BASED ON ALGORITHMS, MACHINE LEARNING, OR ANY FORM
OF DATA-DRIVEN MODELING;
B. "LARGE LANGUAGE MODEL" OR "LLM" MEANS ANY AI MODEL DESIGNED TO
UNDERSTAND AND GENERATE HUMAN LANGUAGE BASED ON LARGE DATASETS;
C. "STATE AGENCY" MEANS ANY DEPARTMENT, BOARD, BUREAU, DIVISION,
COMMISSION, COMMITTEE, PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY, OR
OTHER GOVERNMENTAL ENTITY OF THE STATE; AND
D. "STATE-OWNED ENTITY" MEANS ANY ENTITY THAT IS OWNED OR CONTROLLED
BY THE STATE, INCLUDING BUT NOT LIMITED TO PUBLIC UNIVERSITIES, STATE-
RUN HOSPITALS, AND OTHER STATE-FUNDED ORGANIZATIONS.
2. NO STATE AGENCY OR STATE-OWNED ENTITY SHALL IMPLEMENT OR UTILIZE
LARGE LANGUAGE MODELS OR ANY ARTIFICIAL INTELLIGENCE SYSTEMS TO MAKE
DECISIONS THAT AFFECT INDIVIDUALS' RIGHTS, BENEFITS, OR SERVICES. ALL
DECISIONS AFFECTING INDIVIDUALS' RIGHTS, BENEFITS, OR SERVICES MUST BE
MADE BY HUMAN PERSONNEL OF THE RESPECTIVE STATE AGENCY OR STATE-OWNED
ENTITY.
3. A. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE USE OF AI
OR LLMS IN PURELY ADVISORY CAPACITIES, PROVIDED THAT THE FINAL DECISION
IS MADE BY HUMAN PERSONNEL.
B. THE USE OF AI FOR DATA ANALYSIS, RESEARCH, OR OTHER NON-DECISION-
MAKING PURPOSES IS NOT PROHIBITED BY THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15794-01-4
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