NY State Senate Bill 2023-S7543

Senate Bill S7543

2023-2024 Legislative Session

Enacts the legislative oversight of automated decision-making in government act (LOADinG Act)

download bill text pdf

Current Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 14, 2024	advanced to third reading
Feb 13, 2024	2nd report cal.
Feb 12, 2024	1st report cal.403
Jan 31, 2024	print number 7543a
Jan 31, 2024	amend and recommit to internet and technology
Jan 03, 2024	referred to internet and technology
Jun 05, 2023	referred to rules

Votes

- Feb 12, 2024 - Internet And Technology Committee Vote
  S7543
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Internet And Technology Committee Vote: Feb 12, 2024
      
      aye (6)
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Comrie
      
      Gonzalez
      
      Parker
      
      Ryan
      
      aye wr (1)
      
      Stec

Bill Amendments

Original

A (Active)

2023-S7543 - Details

Law Section:: State Technology Law
Laws Affected:: Add Art 4 §§401 - 403, St Tech L

2023-S7543 - Summary

Enacts the legislative oversight of automated decision-making in government act (LOADinG Act) to regulate the use of automated decision-making systems and artificial intelligence techniques by state agencies.

2023-S7543 - Sponsor Memo

                                 
BILL NUMBER: S7543

SPONSOR: GONZALEZ
 
TITLE OF BILL:

An act to amend the state technology law, in relation to automated deci-
sion-making by state agencies

 
PURPOSE:

This bill would prohibit the unauthorized use of automated decision-
making technologies by state agencies or entities on behalf of an agency
and, when authorized, require the publiation of an impact assesment.

 
SUMMARY OF PROVISIONS:


Section 1. Provides the title, which is the "legislative oversight of
automated decision-making in government act (LOADinG Act)"

Section 2. Adds new article 4 to the technology law to prohibit any
state agency or entity acting on behalf of any agency from directly or

indirectly using automated decision-making technologies, algorithms, or
artificial intelligence in performing any public service or in circum-
stances that impact the rights of an individual unless such utilization
is authorized in law.

Further prohibits the procurement or acquisition of any service or
system relying on automated decision-making except when specifically
authorized in law. If authorized, the agency is required to complete an
impact assessment that includes a description of the objectives and the
development of the technology and testing of its accuracy, fairness, and
possible biases that could lead to discriminatory outcomes. If such
impact assessment finds that the automated decision-making system
produces discriminatory or biased outcomes, the agency shall not use the
system. The impact assessment would be made public on the agency website
and sent to the governor, the temporary president of the senate, and the
speaker of the assembly at least 30 days prior to any use or implementa-
tion.

Section 3. Effective date

 
JUSTIFICATION:

In New York State and worldwide, artificial intelligence, algorithms,
and computational modeling services have recently exploded onto the
market and have become fully-integrated tools for many individuals and
companies alike, often replacing certain tasks and functions relating to
decision-making to boost productivity and automation.  However, there
are a number of significant risks to security and privacy, unknowns, and
the demonstrated potential for discrimination to occur due to biases in
the creation and development of these services. As these technologies
continue to evolve, it is paramount that the duties of the state to the
public are reaffirmed, especially when individuals' constitutional and
statutory rights are involved.

This legislation sets a necessary prohibition on the unauthorized use of
these services by state agencies, and, when authorized, requires the
publication of an impact assessment detailing the development of the
service and requires thorough testing of its biases and discrimination
against actual or perceived race, color, ethnicity, religion, national
origin, sex, gender, gender identity, sexual orientation, familial
status, biometric information, lawful source of income, or disability.
Finally, the bill prohibits the state from using discriminatory ADS.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2023-S7543 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7543
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2023
                                ___________
 
 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, in relation to automated deci-
   sion-making by state agencies
 
   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 "legislative oversight of automated  decision-making  in  government
 act (LOADinG Act)".
   §  2. The state technology law is amended by adding a new article 4 to
 read as follows:
                                 ARTICLE IV
               AUTOMATED DECISION-MAKING IN STATE GOVERNMENT
 SECTION 401. DEFINITIONS.
         402. USE OF AUTOMATED DECISION-MAKING BY AGENCIES.
         403. IMPACT ASSESSMENTS.
 § 401. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE:
   1. "AUTOMATED DECISION-MAKING" SHALL  MEAN  AUTOMATED  OR  ALGORITHMIC
 DECISION-MAKING,  USING  ALGORITHMS, COMPUTATIONAL MODELS, OR ARTIFICIAL
 INTELLIGENCE TECHNIQUES TO AID OR REPLACE HUMAN DECISION-MAKING.   AUTO-
 MATED  DECISION-MAKING SHALL INCLUDE, WITHOUT LIMITATION, ANY PROCESSING
 OF DATA AND APPLICATION OF PREDEFINED RULES OR  MACHINE  LEARNING  ALGO-
 RITHMS  TO  ANALYZE SUCH DATA AND GENERATE CONCLUSIONS, RECOMMENDATIONS,
 OUTCOMES, ASSUMPTIONS, OR PREDICTIONS USED TO  MAKE  DECISIONS  WITH  OR
 WITHOUT MEANINGFUL HUMAN REVIEW AND DISCRETION.
   2.  "STATE AGENCY" SHALL MEAN ANY DEPARTMENT, PUBLIC AUTHORITY, BOARD,
 BUREAU, COMMISSION, DIVISION, OFFICE, COUNCIL, COMMITTEE OR  OFFICER  OF
 THE STATE. SUCH TERMS SHALL NOT INCLUDE THE LEGISLATURE OR JUDICIARY.
   §  402.  USE  OF  AUTOMATED  DECISION-MAKING BY AGENCIES. 1. ANY STATE
 AGENCY, OR ANY ENTITY ACTING ON BEHALF OF SUCH AGENCY, SHALL BE  PROHIB-
 ITED  FROM,  DIRECTLY OR INDIRECTLY, UTILIZING OR APPLYING ANY AUTOMATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11734-02-3

 S. 7543                             2
 
 DECISION-MAKING IN PERFORMING ANY FUNCTION THAT: (A) IS RELATED  TO  THE
 DELIVERY  OF  ANY PUBLIC SERVICE; (B) WILL HAVE A MATERIAL IMPACT ON THE
 PROVISION OF PUBLIC SERVICES; OR (C) AFFECTS ANY STATUTORILY OR  CONSTI-
 TUTIONALLY  PROVIDED  RIGHT OF AN INDIVIDUAL, UNLESS SUCH UTILIZATION OR
 APPLICATION IS SPECIFICALLY AUTHORIZED IN LAW.
   2. NO STATE AGENCY SHALL AUTHORIZE ANY PROCUREMENT, PURCHASE OR ACQUI-
 SITION OF ANY SERVICE OR SYSTEM  UTILIZING,  OR  RELYING  ON,  AUTOMATED
 DECISION-MAKING  PROHIBITED  IN  SUBDIVISION ONE OF THIS SECTION, EXCEPT
 WHERE THE USE OF SUCH SYSTEM IS SPECIFICALLY AUTHORIZED IN LAW.
   § 403. IMPACT ASSESSMENTS. 1. NOTWITHSTANDING SECTION FOUR HUNDRED TWO
 OF THIS ARTICLE, NO AGENCY SHALL UTILIZE OR APPLY  ANY  AUTOMATED  DECI-
 SION-MAKING  UNLESS  THE  AGENCY,  OR AN ENTITY ACTING ON BEHALF OF SUCH
 AGENCY, SHALL HAVE CONDUCTED AN IMPACT ASSESSMENT  FOR  THE  APPLICATION
 AND USE OF SUCH DECISION-MAKING. SUCH IMPACT ASSESSMENT SHALL INCLUDE:
   (A)  DESCRIPTION  AND  EVALUATION OF THE OBJECTIVES AND DEVELOPMENT OF
 THE AUTOMATED DECISION-MAKING INCLUDING THE  DESIGN  AND  TRAINING  DATA
 USED TO DEVELOP THE AUTOMATED DECISION-MAKING PROCESS; AND
   (B)  TESTING  FOR  ACCURACY, FAIRNESS, BIAS AND DISCRIMINATION, AND AN
 ASSESSMENT WHETHER THE USE OF AUTOMATED DECISION-MAKING PRODUCES DISCRI-
 MINATORY RESULTS ON THE BASIS OF A CONSUMER'S  OR  CLASS  OF  CONSUMERS'
 ACTUAL  OR  PERCEIVED RACE, COLOR, ETHNICITY, RELIGION, NATIONAL ORIGIN,
 SEX, GENDER, GENDER IDENTITY, SEXUAL ORIENTATION, FAMILIAL STATUS, BIOM-
 ETRIC INFORMATION, LAWFUL SOURCE OF INCOME, OR DISABILITY  AND  OUTLINES
 MITIGATIONS  FOR  ANY IDENTIFIED PERFORMANCE DIFFERENCES ACROSS RELEVANT
 GROUPS IMPACTED BY SUCH USE.   NOTWITHSTANDING THE  PROVISIONS  OF  THIS
 ARTICLE  OR  ANY  OTHER  LAW, IF THE ASSESSMENT FINDS THAT THE AUTOMATED
 DECISION-MAKING SYSTEM PRODUCES DISCRIMINATORY OR BIASED  OUTCOMES,  THE
 STATE  AGENCY  SHALL BE PROHIBITED FROM UTILIZING OR APPLYING SUCH AUTO-
 MATED DECISION-MAKING SYSTEM.
   2. ANY IMPACT ASSESSMENT DONE PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION  SHALL  BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
 THE SENATE, AND THE SPEAKER OF THE ASSEMBLY AT LEAST THIRTY  DAYS  PRIOR
 TO ANY USE OR IMPLEMENTATION, OTHER THAN FOR TESTING, OF AUTOMATED DECI-
 SION-MAKING  THAT  IS  THE SUBJECT OF SUCH ASSESSMENT, AND SHALL BE MADE
 PUBLICLY AVAILABLE ON THE WEBSITE OF THE RELEVANT AGENCY.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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2023-S7543A (ACTIVE) - Details

Law Section:: State Technology Law
Laws Affected:: Add Art 4 §§401 - 403, St Tech L

2023-S7543A (ACTIVE) - Summary

2023-S7543A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7543A

SPONSOR: GONZALEZ
 
PURPOSE:

This bill would require the disclosure of automated decision-making
systems already in use, prohibit the unauthorized use of automated deci-
sion-making systems by state agencies or entities on behalf of an agency
and, when authorized, require the publication of an impact assessment.

 
SUMMARY OF PROVISIONS:

Section 1. Provides the title, which is the "legislative oversight of
automated decision-making in government act (LOADinG Act)."

Section 2. Adds new article 4 to the technology law to prohibit any
state agency or entity acting on behalf of any agency from directly or
indirectly using automated decision-making systems in relation to the
delivery of any public assistance benefit or in circumstances that
impact the rights, civil liberties, safety, or welfare of an individual
unless such utilization is authorized in law. Further prohibits the
procurement or acquisition of any service or system relying on automated
decision-making systems except when specifically authorized in law. If

authorized, the agency is required to complete an impact assessment once
every two years that includes a description of the objectives and the
development of the technology and testing of its accuracy, fairness, and
possible biases that could lead to discriminatory outcomes. If such
impact assessment finds that the automated decision-making system
produces discriminatory or biased outcomes, the agency shall not use the
system. The impact assessment would be made public on the agency website
and sent to the governor, the temporary president of the senate, and the
speaker of the assembly at least 30 days prior to any use or implementa-
tion.

Section 3. Requires disclosure of certain information about automated
decision-making systems already in use by any state agency, including a
description of the system, software vendors related to the system, the
date use began, the purpose and use of the system, whether any impact
assessments have been carried out, and any other information that the
agency deems necessary.

Section 4. Effective date

 
JUSTIFICATION:

In New York State and worldwide, artificial intelligence, algorithms,
and computational modeling services have recently exploded onto the
market and have become fully-integrated tools for many individuals and
companies alike, often automating certain historically human-conducted
decision-making tasks and functions to boost productivity. However,
these systems come with significant risks to security and privacy,
unknown malfunctions, and the demonstrated potential for discrimination
to occur due to biases in their development and operation. As these
technologies continue to mature, more use cases evolve, and direct costs
of use diminish, it is paramount that the duties of the state to the
public are reaffirmed, especially when individuals' constitutionaland
statutory rights are involved.


This legislation sets a necessary prohibition on the unauthorized use of
these services by state agencies, and, when authorized, requires the
publication of an impact assessment detailing the development of the
service and requires thorough testing of its biases and discrimination
against actual or perceived race, color, ethnicity, religion, national
origin, sex, gender, gender identity, sexual orientation, familial
status, biometric information, lawful source of income, or disability.
Finally, the bill prohibits the state from using discriminatory auto-
mated decision-making systems.

To minimize disruption of state operations that already rely on these
technologies, existing automated decision-making systems must be
disclosed to the legislature within one year. After one year, existing
uses will be subject to the same requirements as any new automated deci-
sion-making system.

 
LEGISLATIVE HISTORY:

2024: S7543 - Referred to Internet &Technology

2023: S7543 - Referred to Rules

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided that section two of
this act shall take effect one year after it shall have become a law.

2023-S7543A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7543--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2023
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Internet  and Technology in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the state technology law, in relation to automated deci-
   sion-making by state agencies
 
   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  "legislative  oversight  of automated decision-making in government
 act (LOADinG Act)".
   § 2. The state technology law is amended by adding a new article 4  to
 read as follows:
                                 ARTICLE IV
               AUTOMATED DECISION-MAKING IN STATE GOVERNMENT
 SECTION 401. DEFINITIONS.
         402. USE OF AUTOMATED DECISION-MAKING SYSTEMS BY AGENCIES.
         403. IMPACT ASSESSMENTS.
   § 401. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE:
   1.  "AUTOMATED  DECISION-MAKING  SYSTEM"  SHALL MEAN ANY SOFTWARE THAT
 USES ALGORITHMS, COMPUTATIONAL MODELS, OR ARTIFICIAL INTELLIGENCE  TECH-
 NIQUES, OR A COMBINATION THEREOF, TO AUTOMATE, SUPPORT, OR REPLACE HUMAN
 DECISION-MAKING  AND  SHALL  INCLUDE,  WITHOUT  LIMITATION, SYSTEMS THAT
 PROCESS DATA, AND APPLY PREDEFINED RULES OR MACHINE LEARNING  ALGORITHMS
 TO   ANALYZE  SUCH  DATA,  AND  GENERATE  CONCLUSIONS,  RECOMMENDATIONS,
 OUTCOMES, ASSUMPTIONS, PROJECTIONS, OR  PREDICTIONS  WITHOUT  MEANINGFUL
 HUMAN  REVIEW  AND  DISCRETION. "AUTOMATED DECISION-MAKING SYSTEM" SHALL
 NOT INCLUDE ANY SOFTWARE USED PRIMARILY  FOR  BASIC  COMPUTERIZED  PROC-
 ESSES,  SUCH  AS  CALCULATORS,  SPELLCHECK TOOLS, AUTOCORRECT FUNCTIONS,
 SPREADSHEETS, ELECTRONIC COMMUNICATIONS, OR ANY TOOL THAT  RELATES  ONLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11734-03-4

 S. 7543--A                          2
 
 TO INTERNAL MANAGEMENT AFFAIRS SUCH AS ORDERING OFFICE SUPPLIES OR PROC-
 ESSING  PAYMENTS,  AND  THAT DO NOT MATERIALLY AFFECT THE RIGHTS, LIBER-
 TIES, BENEFITS, SAFETY OR WELFARE OF ANY INDIVIDUAL WITHIN THE STATE.
   2.  "STATE AGENCY" SHALL MEAN ANY DEPARTMENT, PUBLIC AUTHORITY, BOARD,
 BUREAU, COMMISSION, DIVISION, OFFICE, COUNCIL, COMMITTEE OR  OFFICER  OF
 THE STATE. SUCH TERMS SHALL NOT INCLUDE THE LEGISLATURE OR JUDICIARY.
   3. "PUBLIC ASSISTANCE BENEFIT" SHALL MEAN ANY SERVICE OR PROGRAM WITH-
 IN  THE  CONTROL OF THE STATE, OR BENEFIT PROVIDED BY THE STATE TO INDI-
 VIDUALS OR HOUSEHOLDS, INCLUDING BUT NOT LIMITED TO  PUBLIC  ASSISTANCE,
 CASH  ASSISTANCE,  GRANTS,  CHILD  CARE  ASSISTANCE, HOUSING ASSISTANCE,
 UNEMPLOYMENT BENEFITS, TRANSPORTATION  BENEFITS,  EDUCATION  ASSISTANCE,
 DOMESTIC  VIOLENCE  SERVICES, AND ANY OTHER ASSISTANCE OR BENEFIT WITHIN
 THE AUTHORITY OF THE STATE TO GRANT TO  INDIVIDUALS  WITHIN  THE  STATE.
 THIS  SHALL  NOT INCLUDE ANY FEDERAL PROGRAM THAT IS ADMINISTERED BY THE
 FEDERAL GOVERNMENT OR THE STATE.
   § 402. USE OF AUTOMATED DECISION-MAKING SYSTEMS BY  AGENCIES.  1.  ANY
 STATE  AGENCY,  OR  ANY ENTITY ACTING ON BEHALF OF SUCH AGENCY, SHALL BE
 PROHIBITED FROM, DIRECTLY OR INDIRECTLY, UTILIZING OR APPLYING ANY AUTO-
 MATED DECISION-MAKING SYSTEM IN PERFORMING ANY  FUNCTION  THAT:  (A)  IS
 RELATED  TO THE DELIVERY OF ANY PUBLIC ASSISTANCE BENEFIT; (B) WILL HAVE
 A MATERIAL IMPACT ON THE RIGHTS, CIVIL LIBERTIES, SAFETY OR  WELFARE  OF
 ANY  INDIVIDUAL  WITHIN  THE  STATE;  OR  (C) AFFECTS ANY STATUTORILY OR
 CONSTITUTIONALLY PROVIDED RIGHT OF AN INDIVIDUAL; UNLESS  SUCH  UTILIZA-
 TION  OR  APPLICATION OF THE AUTOMATED DECISION-MAKING SYSTEM IS SPECIF-
 ICALLY AUTHORIZED IN LAW.
   2. NO STATE AGENCY SHALL AUTHORIZE ANY PROCUREMENT, PURCHASE OR ACQUI-
 SITION OF ANY SERVICE OR SYSTEM  UTILIZING,  OR  RELYING  ON,  AUTOMATED
 DECISION-MAKING  SYSTEMS  PROHIBITED IN SUBDIVISION ONE OF THIS SECTION,
 EXCEPT WHERE THE USE OF SUCH SYSTEM IS SPECIFICALLY AUTHORIZED IN LAW.
   § 403. IMPACT ASSESSMENTS. 1. NO STATE AGENCY SHALL UTILIZE  OR  APPLY
 ANY  AUTOMATED  DECISION-MAKING  SYSTEM  UNLESS  THE STATE AGENCY, OR AN
 ENTITY ACTING ON BEHALF OF SUCH STATE AGENCY, SHALL  HAVE  CONDUCTED  AN
 IMPACT  ASSESSMENT  FOR  THE APPLICATION AND USE OF SUCH AUTOMATED DECI-
 SION-MAKING SYSTEM. FOLLOWING THE FIRST  IMPACT  ASSESSMENT,  AN  IMPACT
 ASSESSMENT  SHALL  BE CONDUCTED AT LEAST ONCE EVERY TWO YEARS. AN IMPACT
 ASSESSMENT SHALL BE CONDUCTED PRIOR TO ANY MATERIAL CHANGE TO THE  AUTO-
 MATED  DECISION-MAKING  SYSTEM  THAT MAY CHANGE THE OUTCOME OR EFFECT OF
 SUCH SYSTEM.  SUCH IMPACT ASSESSMENTS SHALL INCLUDE:
   (A) A DESCRIPTION OF THE OBJECTIVES OF THE  AUTOMATED  DECISION-MAKING
 SYSTEM;
   (B)  AN  EVALUATION  OF  THE  ABILITY OF THE AUTOMATED DECISION-MAKING
 SYSTEM TO ACHIEVE ITS STATED OBJECTIVES;
   (C) A DESCRIPTION AND EVALUATION OF THE OBJECTIVES AND DEVELOPMENT  OF
 THE AUTOMATED DECISION-MAKING INCLUDING:
   (I)  A  SUMMARY OF THE UNDERLYING ALGORITHMS, COMPUTATIONAL MODES, AND
 ARTIFICIAL INTELLIGENCE TOOLS THAT ARE USED WITHIN THE  AUTOMATED  DECI-
 SION-MAKING SYSTEM; AND
   (II)  THE DESIGN AND TRAINING DATA USED TO DEVELOP THE AUTOMATED DECI-
 SION-MAKING SYSTEM PROCESS;
   (D) TESTING FOR:
   (I) ACCURACY, FAIRNESS, BIAS AND DISCRIMINATION, AND AN ASSESSMENT  OF
 WHETHER THE USE OF THE AUTOMATED DECISION-MAKING SYSTEM PRODUCES DISCRI-
 MINATORY  RESULTS  ON THE BASIS OF A CONSUMER'S OR A CLASS OF CONSUMERS'
 ACTUAL OR PERCEIVED RACE, COLOR, ETHNICITY, RELIGION,  NATIONAL  ORIGIN,
 SEX, GENDER, GENDER IDENTITY, SEXUAL ORIENTATION, FAMILIAL STATUS, BIOM-
 ETRIC  INFORMATION,  LAWFUL SOURCE OF INCOME, OR DISABILITY AND OUTLINES
 S. 7543--A                          3
 
 MITIGATIONS FOR  ANY  IDENTIFIED  PERFORMANCE  DIFFERENCES  IN  OUTCOMES
 ACROSS RELEVANT GROUPS IMPACTED BY SUCH USE;
   (II)  ANY  CYBERSECURITY  VULNERABILITIES  AND PRIVACY RISKS RESULTING
 FROM THE DEPLOYMENT AND USE OF THE AUTOMATED DECISION-MAKING SYSTEM, AND
 THE DEVELOPMENT OR EXISTENCE OF SAFEGUARDS TO MITIGATE THE RISKS;
   (III) ANY PUBLIC HEALTH OR SAFETY RISKS RESULTING FROM THE  DEPLOYMENT
 AND USE OF THE AUTOMATED DECISION-MAKING SYSTEM;
   (IV)  ANY REASONABLY FORESEEABLE MISUSE OF THE AUTOMATED DECISION-MAK-
 ING SYSTEM AND THE DEVELOPMENT OR EXISTENCE OF SAFEGUARDS  AGAINST  SUCH
 MISUSE;
   (E)  THE EXTENT TO WHICH THE DEPLOYMENT AND USE OF THE AUTOMATED DECI-
 SION-MAKING SYSTEM REQUIRES INPUT OF SENSITIVE AND  PERSONAL  DATA,  HOW
 THAT  DATA IS USED AND STORED, AND ANY CONTROL USERS MAY HAVE OVER THEIR
 DATA; AND
   (F) THE NOTIFICATION MECHANISM OR PROCEDURE, IF ANY, BY WHICH INDIVID-
 UALS IMPACTED BY THE UTILIZATION OF THE AUTOMATED DECISION-MAKING SYSTEM
 MAY BE NOTIFIED OF THE USE OF SUCH AUTOMATED DECISION-MAKING SYSTEM  AND
 OF  THE  INDIVIDUAL'S  PERSONAL  DATA,  AND INFORMED OF THEIR RIGHTS AND
 OPTIONS RELATING TO SUCH USE.
   2. NOTWITHSTANDING THE PROVISIONS OF THIS ARTICLE OR ANY OTHER LAW, IF
 AN IMPACT ASSESSMENT FINDS THAT  THE  AUTOMATED  DECISION-MAKING  SYSTEM
 PRODUCES DISCRIMINATORY OR BIASED OUTCOMES, THE STATE AGENCY SHALL CEASE
 ANY  UTILIZATION,  APPLICATION,  OR FUNCTION OF SUCH AUTOMATED DECISION-
 MAKING SYSTEM, AND OF ANY INFORMATION PRODUCED USING SUCH SYSTEM.
   3. ANY IMPACT ASSESSMENT CONDUCTED PURSUANT TO THIS SUBDIVISION  SHALL
 BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
 THE  SPEAKER OF THE ASSEMBLY AT LEAST THIRTY DAYS PRIOR TO THE IMPLEMEN-
 TATION OF THE AUTOMATED DECISION-MAKING SYSTEM THAT IS  THE  SUBJECT  OF
 SUCH  ASSESSMENT.  THE  IMPACT STATEMENT OF AN AUTOMATED DECISION-MAKING
 SYSTEM THAT IS APPROVED AND UTILIZED, SHALL BE PUBLISHED ON THE  WEBSITE
 OF  THE  RELEVANT AGENCY. IF THE STATE AGENCY MAKES A DETERMINATION THAT
 THE DISCLOSURE OF ANY INFORMATION  REQUIRED  IN  THE  IMPACT  ASSESSMENT
 WOULD RESULT IN A SUBSTANTIAL NEGATIVE IMPACT ON HEALTH OR SAFETY OF THE
 PUBLIC, INFRINGE UPON THE PRIVACY RIGHTS OF INDIVIDUALS, OR SIGNIFICANT-
 LY IMPAIR THE STATE AGENCY'S ABILITY TO PROTECT ITS INFORMATION TECHNOL-
 OGY OR OPERATIONAL ASSETS, IT MAY REDACT SUCH INFORMATION, PROVIDED THAT
 AN  EXPLANATORY  STATEMENT ON THE PROCESS BY WHICH THE STATE AGENCY MADE
 SUCH DETERMINATION IS PUBLISHED ALONG WITH THE REDACTED  IMPACT  ASSESS-
 MENT.
   §  3.  Disclosure  of  existing automated decision-making systems. Any
 state agency, that directly or indirectly, utilizes an  automated  deci-
 sion-making  system,  as  defined in section 401 of the state technology
 law, shall submit to the legislature a disclosure on  the  use  of  such
 system, no later than one year after the effective date of this section.
 Such disclosure shall include:
   (a)  a description of the automated decision-making system utilized by
 such agency;
   (b) a list of any software vendors related  to  such  automated  deci-
 sion-making system;
   (c) the date that the use of such system began;
   (d)  a  summary  of  the  purpose  and use of such system, including a
 description  of  human  decision-making  and  discretion  supported   or
 replaced by the automated decision-making system;
   (e)  whether  any impact assessments for the automated decision-making
 system were conducted and the dates and summaries of the results of such
 assessments where applicable; and
 S. 7543--A                          4
 
   (f) any other information deemed relevant by the agency.
   § 4. This act shall take effect immediately, provided that section two
 of this act shall take effect one year after it shall have become a law.

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Senate Bill S7543

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