S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8295
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2025
                                ___________
 
 Introduced  by  M. of A. OTIS -- read once and referred to the Committee
   on Science and Technology
 
 AN ACT to amend the state technology law, in relation to automated deci-
   sion-making by government agencies
 
   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 article
 5 to read as follows:
                                  ARTICLE V
             AUTOMATED DECISION-MAKING IN GOVERNMENT AGENCIES
 SECTION 501. DEFINITIONS.
         502. DISCLOSURE OF AUTOMATED DECISION-MAKING TOOLS BY GOVERNMENT
                AGENCIES.
         503. IMPACT ASSESSMENTS.
         504. SUBMISSION TO THE GOVERNOR AND LEGISLATURE.
   § 501. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE:
   1.  "AUTOMATED DECISION-MAKING TOOL" SHALL MEAN ANY SOFTWARE THAT USES
 ALGORITHMS, COMPUTATIONAL MODELS, OR ARTIFICIAL INTELLIGENCE TECHNIQUES,
 OR A COMBINATION THEREOF, TO AUTOMATE, SUPPORT, OR REPLACE  HUMAN  DECI-
 SION-MAKING.  "AUTOMATED  DECISION-MAKING  TOOL"  SHALL  NOT INCLUDE ANY
 SOFTWARE USED PRIMARILY FOR BASIC COMPUTERIZED PROCESSES, SUCH AS CALCU-
 LATORS, SPELLCHECK TOOLS, AUTOCORRECT FUNCTIONS, SPREADSHEETS, ELECTRON-
 IC COMMUNICATIONS, OR ANY TOOL THAT RELATES ONLY TO INTERNAL  MANAGEMENT
 AFFAIRS  SUCH  AS  ORDERING  OFFICE SUPPLIES OR PROCESSING PAYMENTS, AND
 THAT DO NOT MATERIALLY AFFECT THE RIGHTS, LIBERTIES, BENEFITS, SAFETY OR
 WELFARE OF ANY INDIVIDUAL WITHIN THE STATE.
   2. "MEANINGFUL HUMAN REVIEW" MEANS REVIEW, OVERSIGHT  AND  CONTROL  OF
 THE  AUTOMATED  DECISION-MAKING  PROCESS  BY ONE OR MORE INDIVIDUALS WHO
 UNDERSTAND THE RISKS, LIMITATIONS, AND FUNCTIONALITY OF, AND ARE TRAINED
 TO USE, THE AUTOMATED DECISION-MAKING TOOL AND WHO HAVE THE AUTHORITY TO
 INTERVENE OR ALTER THE DECISION UNDER REVIEW, INCLUDING BUT NOT  LIMITED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11535-06-5
              

 A. 8295                             2
 
 TO  THE  ABILITY TO APPROVE, DENY, OR MODIFY ANY DECISION RECOMMENDED OR
 MADE BY THE AUTOMATED TOOL.
   3.  "GOVERNMENT  AGENCY"  SHALL  MEAN: (A) THE STATE OR CIVIL DIVISION
 THEREOF; (B) A COUNTY, CITY, TOWN OR VILLAGE;  (C)  A  SCHOOL  DISTRICT,
 BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  VOCATIONAL EDUCATION AND
 EXTENSION BOARD  OR A SCHOOL DISTRICT AS ENUMERATED IN  SECTION  ONE  OF
 CHAPTER  FIVE  HUNDRED  SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED SIXTY-
 SEVEN, AS AMENDED; (D) THE STATE UNIVERSITY OF NEW YORK;  (E)  THE  CITY
 UNIVERSITY  OF  NEW  YORK;  (F) A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT
 INCLUDING POLICE OR FIRE DISTRICTS; (G) A PUBLIC  AUTHORITY,  COMMISSION
 OR  PUBLIC  BENEFIT  CORPORATION;  OR  (H) ANY OTHER PUBLIC CORPORATION,
 AGENCY, INSTRUMENTALITY OR UNIT OF GOVERNMENT  WHICH  EXERCISES  GOVERN-
 MENTAL POWER UNDER THE LAWS OF THIS STATE.
   §  502.    DISCLOSURE OF AUTOMATED DECISION-MAKING TOOLS BY GOVERNMENT
 AGENCIES. ANY STATE AGENCY THAT UTILIZES  AN  AUTOMATED  DECISION-MAKING
 TOOL,  AS  DEFINED  IN  SECTION  FIVE HUNDRED ONE OF THIS ARTICLE, SHALL
 PUBLISH A LIST OF SUCH AUTOMATED DECISION-MAKING  TOOLS  ON  SUCH  STATE
 AGENCY'S WEBSITE NO LATER THAN THE THIRTIETH OF DECEMBER NEXT SUCCEEDING
 THE  DATE  ON  WHICH THIS SECTION TAKES EFFECT, AND ANNUALLY THEREAFTER.
 SUCH DISCLOSURE SHALL INCLUDE:
   1.  A  DESCRIPTION  OF  THE  AUTOMATED DECISION-MAKING  TOOL  UTILIZED
 BY SUCH STATE AGENCY;
   2.  THE  DATE THAT THE STATE AGENCY USE  OF  SUCH  AUTOMATED DECISION-
 MAKING TOOL BEGAN;
   3.  A  SUMMARY  OF  THE  PURPOSE  AND USE OF SUCH AUTOMATED  DECISION-
 MAKING TOOL; AND
   4. ANY OTHER INFORMATION DEEMED RELEVANT BY THE AGENCY.
   §  503.  IMPACT ASSESSMENTS. 1. GOVERNMENT AGENCIES SEEKING TO UTILIZE
 OR APPLY AN AUTOMATED DECISION-MAKING TOOL PERMITTED UNDER SECTION  FIVE
 HUNDRED  TWO  OF  THIS ARTICLE WITH CONTINUED AND OPERATIONAL MEANINGFUL
 HUMAN REVIEW SHALL  CONDUCT  OR  HAVE  CONDUCTED  AN  IMPACT  ASSESSMENT
 SUBSTANTIALLY  COMPLETED  AND BEARING THE SIGNATURE OF ONE OR MORE INDI-
 VIDUALS RESPONSIBLE FOR MEANINGFUL HUMAN REVIEW FOR THE LAWFUL  APPLICA-
 TION AND USE OF SUCH AUTOMATED DECISION-MAKING TOOL. FOLLOWING THE FIRST
 IMPACT ASSESSMENT, AN IMPACT ASSESSMENT SHALL BE CONDUCTED IN ACCORDANCE
 WITH  THIS  SECTION  AT LEAST ONCE EVERY TWO YEARS. AN IMPACT ASSESSMENT
 SHALL BE CONDUCTED PRIOR TO ANY MATERIAL CHANGE TO THE  AUTOMATED  DECI-
 SION-MAKING  TOOL  THAT  MAY  CHANGE THE OUTCOME OR EFFECT OF SUCH TOOL.
 SUCH IMPACT ASSESSMENTS SHALL INCLUDE:
   (A) A DESCRIPTION OF THE OBJECTIVES OF THE  AUTOMATED  DECISION-MAKING
 TOOL;
   (B) AN EVALUATION OF THE ABILITY OF THE AUTOMATED DECISION-MAKING TOOL
 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 TOOL; AND
   (II) THE DESIGN AND TRAINING DATA USED TO DEVELOP THE AUTOMATED  DECI-
 SION-MAKING TOOL PROCESS;
   (D) TESTING FOR:
   (I)  ACCURACY, FAIRNESS, BIAS AND DISCRIMINATION, AND AN ASSESSMENT OF
 WHETHER THE USE OF THE AUTOMATED DECISION-MAKING TOOL PRODUCES DISCRIMI-
 NATORY 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-
 A. 8295                             3
 
 ETRIC INFORMATION, LAWFUL SOURCE OF INCOME, OR DISABILITY  AND  OUTLINES
 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  TOOL,  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 TOOL;
   (IV) ANY REASONABLY FORESEEABLE MISUSE OF THE AUTOMATED  DECISION-MAK-
 ING  TOOL  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 TOOL 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 TOOL
 MAY BE NOTIFIED OF THE USE OF SUCH AUTOMATED DECISION-MAKING TOOL 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  TOOL
 PRODUCES  DISCRIMINATORY OR BIASED OUTCOMES, THE GOVERNMENT AGENCY SHALL
 CEASE ANY UTILIZATION, APPLICATION, OR FUNCTION OF SUCH AUTOMATED  DECI-
 SION-MAKING TOOL, AND OF ANY INFORMATION PRODUCED USING SUCH TOOL.
   §  504.  SUBMISSION  TO  THE  GOVERNOR AND LEGISLATURE. 1. EACH IMPACT
 ASSESSMENT CONDUCTED PURSUANT TO THIS ARTICLE 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 IMPLEMENTATION OF  THE  AUTO-
 MATED DECISION-MAKING TOOL THAT IS  THE  SUBJECT  OF SUCH ASSESSMENT.
   2.  (A)  THE  IMPACT  ASSESSMENT  OF AN AUTOMATED DECISION-MAKING TOOL
 SHALL BE PUBLISHED ON THE WEBSITE OF THE RELEVANT GOVERNMENT AGENCY.
   (B) IF THE GOVERNMENT 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  SIGNIFICANTLY  IMPAIR  THE
 GOVERNMENT  AGENCY'S  ABILITY  TO  PROTECT ITS INFORMATION TECHNOLOGY OR
 OPERATIONAL ASSETS, SUCH GOVERNMENT AGENCY MAY REDACT SUCH  INFORMATION,
 PROVIDED  THAT  AN  EXPLANATORY  STATEMENT  ON  THE PROCESS BY WHICH THE
 GOVERNMENT AGENCY MADE SUCH DETERMINATION IS PUBLISHED  ALONG  WITH  THE
 REDACTED IMPACT ASSESSMENT.
   (C) IF THE IMPACT ASSESSMENT COVERS ANY AUTOMATED DECISION-MAKING TOOL
 THAT  INCLUDES  TECHNOLOGY  THAT  IS  USED  TO  PREVENT, DETECT, PROTECT
 AGAINST OR RESPOND TO SECURITY INCIDENTS, IDENTITY THEFT, FRAUD, HARASS-
 MENT, MALICIOUS OR  DECEPTIVE  ACTIVITIES  OR  OTHER  ILLEGAL  ACTIVITY,
 PRESERVE  THE  INTEGRITY OR SECURITY OF TOOLS, OR TO INVESTIGATE, REPORT
 OR PROSECUTE THOSE RESPONSIBLE  FOR  ANY  SUCH  MALICIOUS  OR  DECEPTIVE
 ACTION,  SUCH  GOVERNMENT  AGENCY  MAY  REDACT  SUCH INFORMATION FOR THE
 PURPOSES OF THIS SUBDIVISION, PROVIDED THAT AN EXPLANATORY STATEMENT  ON
 THE    PROCESS BY WHICH THE GOVERNMENT AGENCY MADE SUCH DETERMINATION IS
 PUBLISHED ALONG WITH THE REDACTED IMPACT ASSESSMENT.
   § 2. The state technology law is amended by adding a new section 103-f
 to read as follows:
   § 103-F. AUTOMATED DECISION-MAKING TOOL INVENTORY. 1. THE OFFICE SHALL
 MAINTAIN AN INVENTORY OF STATE AUTOMATED  DECISION-MAKING  TOOLS.    THE
 OFFICE  SHALL  ISSUE  GUIDANCE  TO  STATE  AGENCIES IDENTIFYING THE DATA
 A. 8295                             4
 
 ELEMENTS TO BE COLLECTED AND SUBMITTED TO THE OFFICE FOR SUCH INVENTORY,
 INCLUDING BUT NOT LIMITED TO THE PURPOSE  AND  USES  OF  SUCH  AUTOMATED
 DECISION-MAKING  TOOLS.  THE  INVENTORY  SHALL BE POSTED ON THE NEW YORK
 STATE OPEN DATA WEBSITE ON THE THIRTIETH OF DECEMBER NEXT SUCCEEDING THE
 DATE  ON WHICH THIS SECTION TAKES EFFECT, AND ANNUALLY THEREAFTER. STATE
 AGENCIES SHALL SUBMIT INFORMATION REQUIRED BY THE OFFICE AT LEAST  SIXTY
 DAYS  IN ADVANCE OF THE ANNUAL PUBLICATION DATE. THE OFFICE MAY WITHHOLD
 CERTAIN INFORMATION IF IT  DETERMINES  DISCLOSURE  OF  THIS  INFORMATION
 WOULD  JEOPARDIZE  THE  SECURITY OF INFORMATION TECHNOLOGY ASSETS, OR AS
 PRESCRIBED BY ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   2. FOR PURPOSES OF  THIS  SECTION,  "AUTOMATED  DECISION-MAKING  TOOL"
 SHALL  HAVE  THE  SAME  MEANING  AS  THE TERM IS DEFINED IN SECTION FIVE
 HUNDRED ONE OF THIS CHAPTER.
   3. THE OFFICE MAY ASK AND SHALL RECEIVE  FROM  ANY  STATE  AGENCY  ANY
 INFORMATION  OR  ASSISTANCE NECESSARY TO CARRY OUT ITS POWERS AND DUTIES
 UNDER THIS SECTION.
   4. THE OFFICE SHALL SUBMIT  A  COPY  OF  THE  ARTIFICIAL  INTELLIGENCE
 INVENTORY  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
 THE SPEAKER OF THE ASSEMBLY.
   § 3. Disclosure  of  existing  automated  decision-making  tools.  Any
 government  agency,  that  directly or indirectly, utilizes an automated
 decision-making tool, as defined in section 501 of the state  technology
 law,  shall  submit  to  the legislature a disclosure on the use of such
 tool, no later than one year after the effective date of  this  section.
 Such disclosure shall include:
   (a)  a  description  of the automated decision-making tool utilized by
 such agency;
   (b) a list of any software vendors related  to  such  automated  deci-
 sion-making tool;
   (c) the date that the use of such tool began;
   (d)  a  summary  of  the  purpose  and  use  of such tool, including a
 description  of  human  decision-making  and  discretion  supported   or
 replaced by the automated decision-making tool;
   (e)  whether  any impact assessments for the automated decision-making
 tool were conducted and the dates and summaries of the results  of  such
 assessments where applicable; and
   (f) any other information deemed relevant by the agency.
   § 4. This act shall take effect immediately, provided that section one
 of this act shall take effect one year after it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8295--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2025
                                ___________
 
 Introduced  by  M. of A. OTIS -- read once and referred to the Committee
   on Science and  Technology  --  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 government agencies

   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 article
 5 to read as follows:
                                  ARTICLE V
             AUTOMATED DECISION-MAKING IN GOVERNMENT AGENCIES
 SECTION 501. DEFINITIONS.
         502. DISCLOSURE OF AUTOMATED DECISION-MAKING TOOLS BY GOVERNMENT
                AGENCIES.
         503. IMPACT ASSESSMENTS.
         504. SUBMISSION TO THE GOVERNOR AND LEGISLATURE.
   § 501. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE:
   1. "AUTOMATED DECISION-MAKING TOOL" SHALL MEAN ANY SOFTWARE THAT  USES
 ALGORITHMS, COMPUTATIONAL MODELS, OR ARTIFICIAL INTELLIGENCE TECHNIQUES,
 OR  A  COMBINATION THEREOF, TO AUTOMATE, SUPPORT, OR REPLACE HUMAN DECI-
 SION-MAKING. "AUTOMATED DECISION-MAKING  TOOL"  SHALL  NOT  INCLUDE  ANY
 SOFTWARE USED PRIMARILY FOR BASIC COMPUTERIZED PROCESSES, SUCH AS CALCU-
 LATORS, SPELLCHECK TOOLS, AUTOCORRECT FUNCTIONS, SPREADSHEETS, ELECTRON-
 IC  COMMUNICATIONS, OR ANY TOOL THAT RELATES ONLY TO INTERNAL MANAGEMENT
 AFFAIRS SUCH AS ORDERING OFFICE SUPPLIES  OR  PROCESSING  PAYMENTS,  AND
 THAT DO NOT MATERIALLY AFFECT THE RIGHTS, LIBERTIES, BENEFITS, SAFETY OR
 WELFARE  OF ANY INDIVIDUAL WITHIN THE STATE.  "AUTOMATED DECISION-MAKING
 TOOLS" SHALL NOT INCLUDE "AUTOMATED EMPLOYMENT DECISION-MAKING TOOLS" AS
 DEFINED IN SECTION FOUR HUNDRED ONE OF THIS CHAPTER.
   2. "MEANINGFUL HUMAN REVIEW" MEANS REVIEW, OVERSIGHT  AND  CONTROL  OF
 THE  AUTOMATED  DECISION-MAKING  PROCESS  BY ONE OR MORE INDIVIDUALS WHO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11535-07-5
              

 A. 8295--A                          2
 
 UNDERSTAND THE RISKS, LIMITATIONS, AND FUNCTIONALITY OF, AND ARE TRAINED
 TO USE, THE AUTOMATED DECISION-MAKING TOOL AND WHO HAVE THE AUTHORITY TO
 INTERVENE OR ALTER THE DECISION UNDER REVIEW, INCLUDING BUT NOT  LIMITED
 TO  THE  ABILITY TO APPROVE, DENY, OR MODIFY ANY DECISION RECOMMENDED OR
 MADE BY THE AUTOMATED TOOL.
   3. "GOVERNMENT AGENCY" SHALL MEAN: (A) THE  STATE  OR  CIVIL  DIVISION
 THEREOF;  (B)  A  COUNTY,  CITY, TOWN OR VILLAGE; (C) A SCHOOL DISTRICT,
 BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES,  VOCATIONAL  EDUCATION  AND
 EXTENSION  BOARD    OR A SCHOOL DISTRICT AS ENUMERATED IN SECTION ONE OF
 CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF  NINETEEN  HUNDRED  SIXTY-
 SEVEN,  AS  AMENDED;  (D) THE STATE UNIVERSITY OF NEW YORK; (E) THE CITY
 UNIVERSITY OF NEW YORK; (F) A PUBLIC  IMPROVEMENT  OR  SPECIAL  DISTRICT
 INCLUDING  POLICE  OR FIRE DISTRICTS; (G) A PUBLIC AUTHORITY, COMMISSION
 OR PUBLIC BENEFIT CORPORATION; OR  (H)  ANY  OTHER  PUBLIC  CORPORATION,
 AGENCY,  INSTRUMENTALITY  OR  UNIT OF GOVERNMENT WHICH EXERCISES GOVERN-
 MENTAL POWER UNDER THE LAWS OF THIS STATE.
   § 502.  DISCLOSURE OF AUTOMATED DECISION-MAKING  TOOLS  BY  GOVERNMENT
 AGENCIES.  ANY  STATE  AGENCY THAT UTILIZES AN AUTOMATED DECISION-MAKING
 TOOL, AS DEFINED IN SECTION FIVE HUNDRED  ONE  OF  THIS  ARTICLE,  SHALL
 PUBLISH  A  LIST  OF  SUCH AUTOMATED DECISION-MAKING TOOLS ON SUCH STATE
 AGENCY'S WEBSITE NO LATER THAN THE THIRTIETH OF DECEMBER NEXT SUCCEEDING
 THE DATE ON WHICH THIS SECTION TAKES EFFECT,  AND  ANNUALLY  THEREAFTER.
 SUCH DISCLOSURE SHALL INCLUDE:
   1.   A   DESCRIPTION  OF  THE  AUTOMATED DECISION-MAKING TOOL UTILIZED
 BY SUCH STATE AGENCY;
   2. THE DATE THAT THE STATE AGENCY USE  OF  SUCH   AUTOMATED  DECISION-
 MAKING TOOL BEGAN;
   3.   A  SUMMARY  OF  THE  PURPOSE  AND USE OF SUCH AUTOMATED DECISION-
 MAKING TOOL; AND
   4. ANY OTHER INFORMATION DEEMED RELEVANT BY THE AGENCY.
   § 503. IMPACT ASSESSMENTS. 1. GOVERNMENT AGENCIES SEEKING  TO  UTILIZE
 OR  APPLY AN AUTOMATED DECISION-MAKING TOOL PERMITTED UNDER SECTION FIVE
 HUNDRED TWO OF THIS ARTICLE WITH CONTINUED  AND  OPERATIONAL  MEANINGFUL
 HUMAN  REVIEW  SHALL  CONDUCT  OR  HAVE  CONDUCTED  AN IMPACT ASSESSMENT
 SUBSTANTIALLY COMPLETED AND BEARING THE SIGNATURE OF ONE OR  MORE  INDI-
 VIDUALS  RESPONSIBLE FOR MEANINGFUL HUMAN REVIEW FOR THE LAWFUL APPLICA-
 TION AND USE OF SUCH AUTOMATED DECISION-MAKING TOOL. FOLLOWING THE FIRST
 IMPACT ASSESSMENT, AN IMPACT ASSESSMENT SHALL BE CONDUCTED IN ACCORDANCE
 WITH THIS SECTION AT LEAST ONCE EVERY TWO YEARS.  AN  IMPACT  ASSESSMENT
 SHALL  BE  CONDUCTED PRIOR TO ANY MATERIAL CHANGE TO THE AUTOMATED DECI-
 SION-MAKING TOOL THAT MAY CHANGE THE OUTCOME OR  EFFECT  OF  SUCH  TOOL.
 SUCH IMPACT ASSESSMENTS SHALL INCLUDE:
   (A)  A  DESCRIPTION OF THE OBJECTIVES OF THE AUTOMATED DECISION-MAKING
 TOOL;
   (B) AN EVALUATION OF THE ABILITY OF THE AUTOMATED DECISION-MAKING TOOL
 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 TOOL; AND
   (II)  THE DESIGN AND TRAINING DATA USED TO DEVELOP THE AUTOMATED DECI-
 SION-MAKING TOOL PROCESS;
   (D) TESTING FOR:
   (I) ACCURACY, FAIRNESS, BIAS AND DISCRIMINATION, AND AN ASSESSMENT  OF
 WHETHER THE USE OF THE AUTOMATED DECISION-MAKING TOOL PRODUCES DISCRIMI-
 A. 8295--A                          3
 
 NATORY  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
 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  TOOL,  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 TOOL;
   (IV) ANY REASONABLY FORESEEABLE MISUSE OF THE AUTOMATED  DECISION-MAK-
 ING  TOOL  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 TOOL 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 TOOL
 MAY BE NOTIFIED OF THE USE OF SUCH AUTOMATED DECISION-MAKING TOOL 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  TOOL
 PRODUCES  DISCRIMINATORY OR BIASED OUTCOMES, THE GOVERNMENT AGENCY SHALL
 CEASE ANY UTILIZATION, APPLICATION, OR FUNCTION OF SUCH AUTOMATED  DECI-
 SION-MAKING TOOL, AND OF ANY INFORMATION PRODUCED USING SUCH TOOL.
   §  504.  SUBMISSION  TO  THE  GOVERNOR AND LEGISLATURE. 1. EACH IMPACT
 ASSESSMENT CONDUCTED PURSUANT TO THIS ARTICLE 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 IMPLEMENTATION OF  THE  AUTO-
 MATED DECISION-MAKING TOOL THAT IS  THE  SUBJECT  OF SUCH ASSESSMENT.
   2.  (A)  THE  IMPACT  ASSESSMENT  OF AN AUTOMATED DECISION-MAKING TOOL
 SHALL BE PUBLISHED ON THE WEBSITE OF THE RELEVANT GOVERNMENT AGENCY.
   (B) IF THE GOVERNMENT 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  SIGNIFICANTLY  IMPAIR  THE
 GOVERNMENT  AGENCY'S  ABILITY  TO  PROTECT ITS INFORMATION TECHNOLOGY OR
 OPERATIONAL ASSETS, SUCH GOVERNMENT AGENCY MAY REDACT SUCH  INFORMATION,
 PROVIDED  THAT  AN  EXPLANATORY  STATEMENT  ON  THE PROCESS BY WHICH THE
 GOVERNMENT AGENCY MADE SUCH DETERMINATION IS PUBLISHED  ALONG  WITH  THE
 REDACTED IMPACT ASSESSMENT.
   (C) IF THE IMPACT ASSESSMENT COVERS ANY AUTOMATED DECISION-MAKING TOOL
 THAT  INCLUDES  TECHNOLOGY  THAT  IS  USED  TO  PREVENT, DETECT, PROTECT
 AGAINST OR RESPOND TO SECURITY INCIDENTS, IDENTITY THEFT, FRAUD, HARASS-
 MENT, MALICIOUS OR  DECEPTIVE  ACTIVITIES  OR  OTHER  ILLEGAL  ACTIVITY,
 PRESERVE  THE  INTEGRITY OR SECURITY OF TOOLS, OR TO INVESTIGATE, REPORT
 OR PROSECUTE THOSE RESPONSIBLE  FOR  ANY  SUCH  MALICIOUS  OR  DECEPTIVE
 ACTION,  SUCH  GOVERNMENT  AGENCY  MAY  REDACT  SUCH INFORMATION FOR THE
 PURPOSES OF THIS SUBDIVISION, PROVIDED THAT AN EXPLANATORY STATEMENT  ON
 THE    PROCESS BY WHICH THE GOVERNMENT AGENCY MADE SUCH DETERMINATION IS
 PUBLISHED ALONG WITH THE REDACTED IMPACT ASSESSMENT.
   § 2. The state technology law is amended by adding a new section 103-f
 to read as follows:
 A. 8295--A                          4
 
   § 103-F. AUTOMATED DECISION-MAKING TOOL INVENTORY. 1. THE OFFICE SHALL
 MAINTAIN AN INVENTORY OF STATE AUTOMATED  DECISION-MAKING  TOOLS.    THE
 OFFICE  SHALL  ISSUE  GUIDANCE  TO  STATE  AGENCIES IDENTIFYING THE DATA
 ELEMENTS TO BE COLLECTED AND SUBMITTED TO THE OFFICE FOR SUCH INVENTORY,
 INCLUDING  BUT  NOT  LIMITED  TO  THE PURPOSE AND USES OF SUCH AUTOMATED
 DECISION-MAKING TOOLS. THE INVENTORY SHALL BE POSTED  ON  THE  NEW  YORK
 STATE OPEN DATA WEBSITE ON THE THIRTIETH OF DECEMBER NEXT SUCCEEDING THE
 DATE  ON WHICH THIS SECTION TAKES EFFECT, AND ANNUALLY THEREAFTER. STATE
 AGENCIES SHALL SUBMIT INFORMATION REQUIRED BY THE OFFICE AT LEAST  SIXTY
 DAYS  IN ADVANCE OF THE ANNUAL PUBLICATION DATE. THE OFFICE MAY WITHHOLD
 CERTAIN INFORMATION IF IT  DETERMINES  DISCLOSURE  OF  THIS  INFORMATION
 WOULD  JEOPARDIZE  THE  SECURITY OF INFORMATION TECHNOLOGY ASSETS, OR AS
 PRESCRIBED BY ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   2. FOR PURPOSES OF  THIS  SECTION,  "AUTOMATED  DECISION-MAKING  TOOL"
 SHALL  HAVE  THE  SAME  MEANING  AS  THE TERM IS DEFINED IN SECTION FIVE
 HUNDRED ONE OF THIS CHAPTER.
   3. THE OFFICE MAY ASK AND SHALL RECEIVE  FROM  ANY  STATE  AGENCY  ANY
 INFORMATION  OR  ASSISTANCE NECESSARY TO CARRY OUT ITS POWERS AND DUTIES
 UNDER THIS SECTION.
   4. THE OFFICE SHALL SUBMIT  A  COPY  OF  THE  ARTIFICIAL  INTELLIGENCE
 INVENTORY  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
 THE SPEAKER OF THE ASSEMBLY.
   § 3. Disclosure  of  existing  automated  decision-making  tools.  Any
 government  agency,  that  directly or indirectly, utilizes an automated
 decision-making tool, as defined in section 501 of the state  technology
 law,  shall  submit  to  the legislature a disclosure on the use of such
 tool, no later than one year after the effective date of  this  section.
 Such disclosure shall include:
   (a)  a  description  of the automated decision-making tool utilized by
 such agency;
   (b) a list of any software vendors related  to  such  automated  deci-
 sion-making tool;
   (c) the date that the use of such tool began;
   (d)  a  summary  of  the  purpose  and  use  of such tool, including a
 description  of  human  decision-making  and  discretion  supported   or
 replaced by the automated decision-making tool;
   (e)  whether  any impact assessments for the automated decision-making
 tool were conducted and the dates and summaries of the results  of  such
 assessments where applicable; and
   (f) any other information deemed relevant by the agency.
   § 4. This act shall take effect immediately, provided that section one
 of this act shall take effect one year after it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8295--B
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2025
                                ___________
 
 Introduced  by  M. of A. OTIS -- read once and referred to the Committee
   on Science and  Technology  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend  the  state technology law, the education law and the
   civil service law, in relation to automated decision-making by govern-
   ment agencies
 
   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 article
 5 to read as follows:
                                  ARTICLE V
             AUTOMATED DECISION-MAKING IN GOVERNMENT AGENCIES
 SECTION 501. DEFINITIONS.
         502. DISCLOSURE OF AUTOMATED DECISION-MAKING TOOLS BY GOVERNMENT
                AGENCIES.
         503. IMPACT ASSESSMENTS.
         504. SUBMISSION TO THE GOVERNOR AND LEGISLATURE.
   § 501. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE:
   1.  "AUTOMATED DECISION-MAKING TOOL" SHALL MEAN ANY SOFTWARE THAT USES
 ALGORITHMS, COMPUTATIONAL MODELS, OR ARTIFICIAL INTELLIGENCE TECHNIQUES,
 OR A COMBINATION THEREOF, TO AUTOMATE, SUPPORT, OR REPLACE  HUMAN  DECI-
 SION-MAKING.  "AUTOMATED  DECISION-MAKING  TOOL"  SHALL  NOT INCLUDE ANY
 SOFTWARE USED PRIMARILY FOR BASIC COMPUTERIZED PROCESSES, SUCH AS CALCU-
 LATORS, SPELLCHECK TOOLS, AUTOCORRECT FUNCTIONS, SPREADSHEETS, ELECTRON-
 IC COMMUNICATIONS, OR ANY TOOL THAT RELATES ONLY TO INTERNAL  MANAGEMENT
 AFFAIRS  SUCH  AS  ORDERING  OFFICE SUPPLIES OR PROCESSING PAYMENTS, AND
 THAT DO NOT MATERIALLY AFFECT THE RIGHTS, LIBERTIES, BENEFITS, SAFETY OR
 WELFARE OF ANY INDIVIDUAL WITHIN THE STATE.  "AUTOMATED  DECISION-MAKING

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11535-10-5
 A. 8295--B                          2
              

 
 TOOLS" SHALL NOT INCLUDE "AUTOMATED EMPLOYMENT DECISION-MAKING TOOLS" AS
 DEFINED IN SECTION FOUR HUNDRED ONE OF THIS CHAPTER.
   2.  "MEANINGFUL  HUMAN  REVIEW" MEANS REVIEW, OVERSIGHT AND CONTROL OF
 THE AUTOMATED DECISION-MAKING PROCESS BY ONE  OR  MORE  INDIVIDUALS  WHO
 UNDERSTAND THE RISKS, LIMITATIONS, AND FUNCTIONALITY OF, AND ARE TRAINED
 TO USE, THE AUTOMATED DECISION-MAKING TOOL AND WHO HAVE THE AUTHORITY TO
 INTERVENE  OR ALTER THE DECISION UNDER REVIEW, INCLUDING BUT NOT LIMITED
 TO THE ABILITY TO APPROVE, DENY, OR MODIFY ANY DECISION  RECOMMENDED  OR
 MADE BY THE AUTOMATED TOOL.
   3.  "GOVERNMENT  AGENCY"  SHALL  MEAN: (A) THE STATE OR CIVIL DIVISION
 THEREOF; (B) A COUNTY, CITY, TOWN OR VILLAGE;  (C)  A  SCHOOL  DISTRICT,
 BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  VOCATIONAL EDUCATION AND
 EXTENSION BOARD  OR A SCHOOL DISTRICT AS ENUMERATED IN  SECTION  ONE  OF
 CHAPTER  FIVE  HUNDRED  SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED SIXTY-
 SEVEN, AS AMENDED; (D) THE STATE UNIVERSITY OF NEW YORK;  (E)  THE  CITY
 UNIVERSITY  OF  NEW  YORK;  (F) A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT
 INCLUDING POLICE OR FIRE DISTRICTS; (G) A PUBLIC  AUTHORITY,  COMMISSION
 OR  PUBLIC  BENEFIT  CORPORATION;  OR  (H) ANY OTHER PUBLIC CORPORATION,
 AGENCY, INSTRUMENTALITY OR UNIT OF GOVERNMENT  WHICH  EXERCISES  GOVERN-
 MENTAL POWER UNDER THE LAWS OF THIS STATE.
   §  502.    DISCLOSURE OF AUTOMATED DECISION-MAKING TOOLS BY GOVERNMENT
 AGENCIES. ANY STATE AGENCY THAT UTILIZES  AN  AUTOMATED  DECISION-MAKING
 TOOL,  AS  DEFINED  IN  SECTION  FIVE HUNDRED ONE OF THIS ARTICLE, SHALL
 PUBLISH A LIST OF SUCH AUTOMATED DECISION-MAKING  TOOLS  ON  SUCH  STATE
 AGENCY'S WEBSITE NO LATER THAN THE THIRTIETH OF DECEMBER NEXT SUCCEEDING
 THE  DATE  ON  WHICH THIS SECTION TAKES EFFECT, AND ANNUALLY THEREAFTER.
 SUCH DISCLOSURE SHALL INCLUDE:
   1.  A  DESCRIPTION  OF  THE  AUTOMATED DECISION-MAKING  TOOL  UTILIZED
 BY SUCH STATE AGENCY;
   2.  THE  DATE THAT THE STATE AGENCY USE  OF  SUCH  AUTOMATED DECISION-
 MAKING TOOL BEGAN;
   3.  A  SUMMARY  OF  THE  PURPOSE  AND USE OF SUCH AUTOMATED  DECISION-
 MAKING TOOL; AND
   4. ANY OTHER INFORMATION DEEMED RELEVANT BY THE AGENCY.
   §  503.  IMPACT ASSESSMENTS. 1. GOVERNMENT AGENCIES SEEKING TO UTILIZE
 OR APPLY AN AUTOMATED DECISION-MAKING TOOL PERMITTED UNDER SECTION  FIVE
 HUNDRED  TWO  OF  THIS ARTICLE WITH CONTINUED AND OPERATIONAL MEANINGFUL
 HUMAN REVIEW SHALL  CONDUCT  OR  HAVE  CONDUCTED  AN  IMPACT  ASSESSMENT
 SUBSTANTIALLY  COMPLETED  AND BEARING THE SIGNATURE OF ONE OR MORE INDI-
 VIDUALS RESPONSIBLE FOR MEANINGFUL HUMAN REVIEW FOR THE LAWFUL  APPLICA-
 TION AND USE OF SUCH AUTOMATED DECISION-MAKING TOOL. FOLLOWING THE FIRST
 IMPACT ASSESSMENT, AN IMPACT ASSESSMENT SHALL BE CONDUCTED IN ACCORDANCE
 WITH  THIS  SECTION  AT LEAST ONCE EVERY TWO YEARS. AN IMPACT ASSESSMENT
 SHALL BE CONDUCTED PRIOR TO ANY MATERIAL CHANGE TO THE  AUTOMATED  DECI-
 SION-MAKING  TOOL  THAT  MAY  CHANGE THE OUTCOME OR EFFECT OF SUCH TOOL.
 SUCH IMPACT ASSESSMENTS SHALL INCLUDE:
   (A) A DESCRIPTION OF THE OBJECTIVES OF THE  AUTOMATED  DECISION-MAKING
 TOOL;
   (B) AN EVALUATION OF THE ABILITY OF THE AUTOMATED DECISION-MAKING TOOL
 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 TOOL; AND
 A. 8295--B                          3
 
   (II) THE DESIGN AND TRAINING DATA USED TO DEVELOP THE AUTOMATED  DECI-
 SION-MAKING TOOL PROCESS;
   (D) TESTING FOR:
   (I)  ACCURACY, FAIRNESS, BIAS AND DISCRIMINATION, AND AN ASSESSMENT OF
 WHETHER THE USE OF THE AUTOMATED DECISION-MAKING TOOL PRODUCES DISCRIMI-
 NATORY 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
 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 TOOL, 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 TOOL;
   (IV)  ANY REASONABLY FORESEEABLE MISUSE OF THE AUTOMATED DECISION-MAK-
 ING TOOL 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 TOOL 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  TOOL
 MAY BE NOTIFIED OF THE USE OF SUCH AUTOMATED DECISION-MAKING TOOL 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 TOOL
 PRODUCES DISCRIMINATORY OR BIASED OUTCOMES, THE GOVERNMENT AGENCY  SHALL
 CEASE  ANY UTILIZATION, APPLICATION, OR FUNCTION OF SUCH AUTOMATED DECI-
 SION-MAKING TOOL, AND OF ANY INFORMATION PRODUCED USING SUCH TOOL.
   § 504. SUBMISSION TO THE GOVERNOR  AND  LEGISLATURE.  1.  EACH  IMPACT
 ASSESSMENT  CONDUCTED PURSUANT TO THIS ARTICLE 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 IMPLEMENTATION OF THE AUTO-
 MATED DECISION-MAKING TOOL THAT IS  THE  SUBJECT  OF SUCH ASSESSMENT.
   2. (A) THE IMPACT ASSESSMENT  OF  AN  AUTOMATED  DECISION-MAKING  TOOL
 SHALL BE PUBLISHED ON THE WEBSITE OF THE RELEVANT GOVERNMENT AGENCY.
   (B) IF THE GOVERNMENT 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 SIGNIFICANTLY IMPAIR THE
 GOVERNMENT AGENCY'S ABILITY TO PROTECT  ITS  INFORMATION  TECHNOLOGY  OR
 OPERATIONAL  ASSETS, SUCH GOVERNMENT AGENCY MAY REDACT SUCH INFORMATION,
 PROVIDED THAT AN EXPLANATORY STATEMENT  ON  THE  PROCESS  BY  WHICH  THE
 GOVERNMENT  AGENCY  MADE  SUCH DETERMINATION IS PUBLISHED ALONG WITH THE
 REDACTED IMPACT ASSESSMENT.
   (C) IF THE IMPACT ASSESSMENT COVERS ANY AUTOMATED DECISION-MAKING TOOL
 THAT INCLUDES TECHNOLOGY  THAT  IS  USED  TO  PREVENT,  DETECT,  PROTECT
 AGAINST OR RESPOND TO SECURITY INCIDENTS, IDENTITY THEFT, FRAUD, HARASS-
 MENT,  MALICIOUS  OR  DECEPTIVE  ACTIVITIES  OR  OTHER ILLEGAL ACTIVITY,
 PRESERVE THE INTEGRITY OR SECURITY OF TOOLS, OR TO  INVESTIGATE,  REPORT
 OR  PROSECUTE  THOSE  RESPONSIBLE  FOR  ANY  SUCH MALICIOUS OR DECEPTIVE
 ACTION, SUCH GOVERNMENT AGENCY  MAY  REDACT  SUCH  INFORMATION  FOR  THE
 A. 8295--B                          4
 
 PURPOSES  OF THIS SUBDIVISION, PROVIDED THAT AN EXPLANATORY STATEMENT ON
 THE  PROCESS BY WHICH THE GOVERNMENT AGENCY MADE SUCH  DETERMINATION  IS
 PUBLISHED ALONG WITH THE REDACTED IMPACT ASSESSMENT.
   § 2. The state technology law is amended by adding a new section 103-f
 to read as follows:
   § 103-F. AUTOMATED DECISION-MAKING TOOL INVENTORY. 1. THE OFFICE SHALL
 MAINTAIN  AN  INVENTORY  OF  STATE AUTOMATED DECISION-MAKING TOOLS.  THE
 OFFICE SHALL ISSUE GUIDANCE  TO  STATE  AGENCIES  IDENTIFYING  THE  DATA
 ELEMENTS TO BE COLLECTED AND SUBMITTED TO THE OFFICE FOR SUCH INVENTORY,
 INCLUDING  BUT  NOT  LIMITED  TO  THE PURPOSE AND USES OF SUCH AUTOMATED
 DECISION-MAKING TOOLS. THE INVENTORY SHALL BE POSTED  ON  THE  NEW  YORK
 STATE OPEN DATA WEBSITE ON THE THIRTIETH OF DECEMBER NEXT SUCCEEDING THE
 DATE  ON WHICH THIS SECTION TAKES EFFECT, AND ANNUALLY THEREAFTER. STATE
 AGENCIES SHALL SUBMIT INFORMATION REQUIRED BY THE OFFICE AT LEAST  SIXTY
 DAYS  IN ADVANCE OF THE ANNUAL PUBLICATION DATE. THE OFFICE MAY WITHHOLD
 CERTAIN INFORMATION IF IT  DETERMINES  DISCLOSURE  OF  THIS  INFORMATION
 WOULD  JEOPARDIZE  THE  SECURITY OF INFORMATION TECHNOLOGY ASSETS, OR AS
 PRESCRIBED BY ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   2. FOR PURPOSES OF  THIS  SECTION,  "AUTOMATED  DECISION-MAKING  TOOL"
 SHALL  HAVE  THE  SAME  MEANING  AS  THE TERM IS DEFINED IN SECTION FIVE
 HUNDRED ONE OF THIS CHAPTER.
   3. THE OFFICE MAY ASK AND SHALL RECEIVE  FROM  ANY  STATE  AGENCY  ANY
 INFORMATION  OR  ASSISTANCE NECESSARY TO CARRY OUT ITS POWERS AND DUTIES
 UNDER THIS SECTION.
   4. THE OFFICE SHALL SUBMIT  A  COPY  OF  THE  ARTIFICIAL  INTELLIGENCE
 INVENTORY  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
 THE SPEAKER OF THE ASSEMBLY.
   § 3. Disclosure  of  existing  automated  decision-making  tools.  Any
 government  agency,  that  directly or indirectly, utilizes an automated
 decision-making tool, as defined in section 501 of the state  technology
 law,  shall  submit  to  the legislature a disclosure on the use of such
 tool, no later than one year after the effective date of  this  section.
 Such disclosure shall include:
   (a)  a  description  of the automated decision-making tool utilized by
 such agency;
   (b) a list of any software vendors related  to  such  automated  deci-
 sion-making tool;
   (c) the date that the use of such tool began;
   (d)  a  summary  of  the  purpose  and  use  of such tool, including a
 description  of  human  decision-making  and  discretion  supported   or
 replaced by the automated decision-making tool;
   (e)  whether  any impact assessments for the automated decision-making
 tool were conducted and the dates and summaries of the results  of  such
 assessments where applicable; and
   (f) any other information deemed relevant by the agency.
   §  4.  Section  2510  of  the education law is amended by adding a new
 subdivision 4 to read as follows:
   4.(A) THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS AS DEFINED BY SECTION
 ONE HUNDRED THREE-E OF THE STATE TECHNOLOGY LAW AND AUTOMATED  DECISION-
 MAKING  TOOLS  AS DEFINED BY SECTION FIVE HUNDRED ONE OF THE STATE TECH-
 NOLOGY LAW SHALL NOT AFFECT (I) THE EXISTING RIGHTS OF EMPLOYEES  PURSU-
 ANT TO AN EXISTING COLLECTIVE BARGAINING AGREEMENT, OR (II) THE EXISTING
 REPRESENTATIONAL  RELATIONSHIPS  AMONG  EMPLOYEE  ORGANIZATIONS  OR  THE
 BARGAINING RELATIONSHIPS BETWEEN THE EMPLOYER AND AN EMPLOYEE  ORGANIZA-
 TION.
 A. 8295--B                          5
 
   (B)  THE  USE  OF  SUCH  ARTIFICIAL INTELLIGENCE SYSTEMS AND AUTOMATED
 DECISION-MAKING TOOLS SHALL NOT RESULT IN THE: (I) DISCHARGE,  DISPLACE-
 MENT  OR  LOSS  OF  POSITION,  INCLUDING  PARTIAL DISPLACEMENT SUCH AS A
 REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT  BENE-
 FITS,  OR  RESULT  IN  THE  IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING
 AGREEMENTS; OR (II) TRANSFER OF EXISTING DUTIES AND FUNCTIONS  CURRENTLY
 PERFORMED  BY  EMPLOYEES  OF THE STATE OR ANY AGENCY OR PUBLIC AUTHORITY
 THEREOF TO AN ARTIFICIAL INTELLIGENCE SYSTEM OR AUTOMATED  DECISION-MAK-
 ING TOOL.
   (C)  THE USE OF SUCH ARTIFICIAL INTELLIGENCE SYSTEM OR AUTOMATED DECI-
 SION-MAKING TOOL SHALL NOT ALTER THE RIGHTS OR BENEFITS, AND PRIVILEGES,
 INCLUDING BUT NOT LIMITED TO TERMS  AND  CONDITIONS  OF  EMPLOYMENT  AND
 CIVIL  SERVICE  STATUS. THE COLLECTIVE BARGAINING UNIT MEMBERSHIP STATUS
 OF ALL EXISTING EMPLOYEES OF THE BOARD OF EDUCATION SHALL  BE  PRESERVED
 AND PROTECTED.
   §  5.  Section  2585  of  the education law is amended by adding a new
 subdivision 5 to read as follows:
   5.(A) THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS AS DEFINED BY SECTION
 ONE HUNDRED THREE-E OF THE STATE TECHNOLOGY LAW AND AUTOMATED  DECISION-
 MAKING  TOOLS  AS DEFINED BY SECTION FIVE HUNDRED ONE OF THE STATE TECH-
 NOLOGY LAW SHALL NOT AFFECT (I) THE EXISTING RIGHTS OF EMPLOYEES  PURSU-
 ANT TO AN EXISTING COLLECTIVE BARGAINING AGREEMENT, OR (II) THE EXISTING
 REPRESENTATIONAL  RELATIONSHIPS  AMONG  EMPLOYEE  ORGANIZATIONS  OR  THE
 BARGAINING RELATIONSHIPS BETWEEN THE EMPLOYER AND AN EMPLOYEE  ORGANIZA-
 TION.
   (B)  THE  USE  OF  SUCH  ARTIFICIAL INTELLIGENCE SYSTEMS AND AUTOMATED
 DECISION-MAKING TOOLS SHALL NOT RESULT IN THE: (I) DISCHARGE,  DISPLACE-
 MENT  OR  LOSS  OF  POSITION,  INCLUDING  PARTIAL DISPLACEMENT SUCH AS A
 REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT  BENE-
 FITS,  OR  RESULT  IN  THE  IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING
 AGREEMENTS; OR (II) TRANSFER OF EXISTING DUTIES AND FUNCTIONS  CURRENTLY
 PERFORMED  BY  EMPLOYEES  OF THE STATE OR ANY AGENCY OR PUBLIC AUTHORITY
 THEREOF TO AN  ARTIFICIAL  INTELLIGENCE  SYSTEM  OR  AUTOMATED  DECISION
 MAKING TOOL.
   (C) THE USE OF SUCH ARTIFICIAL INTELLIGENCE SYSTEM AND AUTOMATED DECI-
 SION-MAKING TOOL SHALL NOT ALTER THE RIGHTS OR BENEFITS, AND PRIVILEGES,
 INCLUDING  BUT  NOT  LIMITED  TO  TERMS AND CONDITIONS OF EMPLOYMENT AND
 CIVIL SERVICE STATUS. THE COLLECTIVE BARGAINING UNIT  MEMBERSHIP  STATUS
 OF  ALL  EXISTING EMPLOYEES OF THE BOARD OF EDUCATION SHALL BE PRESERVED
 AND PROTECTED.
   § 6. Section 2588 of the education law is  amended  by  adding  a  new
 subdivision 9 to read as follows:
   9.(A) THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS AS DEFINED BY SECTION
 ONE  HUNDRED THREE-E OF THE STATE TECHNOLOGY LAW AND AUTOMATED DECISION-
 MAKING TOOLS AS DEFINED BY SECTION FIVE HUNDRED ONE OF THE  STATE  TECH-
 NOLOGY  LAW SHALL NOT AFFECT (I) THE EXISTING RIGHTS OF EMPLOYEES PURSU-
 ANT TO AN EXISTING COLLECTIVE BARGAINING AGREEMENT, OR (II) THE EXISTING
 REPRESENTATIONAL  RELATIONSHIPS  AMONG  EMPLOYEE  ORGANIZATIONS  OR  THE
 BARGAINING  RELATIONSHIPS BETWEEN THE EMPLOYER AND AN EMPLOYEE ORGANIZA-
 TION.
   (B) THE USE OF SUCH ARTIFICIAL INTELLIGENCE SYSTEMS SHALL  NOT  RESULT
 IN  THE:  (I)  DISCHARGE,  DISPLACEMENT  OR  LOSS OF POSITION, INCLUDING
 PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE  HOURS  OF  NON-OVERTIME
 WORK,  WAGES,  OR  EMPLOYMENT  BENEFITS,  OR RESULT IN THE IMPAIRMENT OF
 EXISTING COLLECTIVE BARGAINING AGREEMENTS; OR (II) TRANSFER OF  EXISTING
 DUTIES  AND  FUNCTIONS  CURRENTLY PERFORMED BY EMPLOYEES OF THE STATE OR
 A. 8295--B                          6
 
 ANY AGENCY OR PUBLIC AUTHORITY THEREOF TO  AND  ARTIFICIAL  INTELLIGENCE
 SYSTEM OR AUTOMATED DECISION-MAKING TOOL.
   (C) THE USE OF SUCH ARTIFICIAL INTELLIGENCE SYSTEM AND AUTOMATED DECI-
 SION-MAKING TOOL SHALL NOT ALTER THE RIGHTS OR BENEFITS, AND PRIVILEGES,
 INCLUDING  BUT  NOT  LIMITED  TO  TERMS AND CONDITIONS OF EMPLOYMENT AND
 CIVIL SERVICE STATUS. THE COLLECTIVE BARGAINING UNIT  MEMBERSHIP  STATUS
 OF  ALL  EXISTING EMPLOYEES OF THE BOARD OF EDUCATION SHALL BE PRESERVED
 AND PROTECTED.
   § 7. Section 3013 of the education law is  amended  by  adding  a  new
 subdivision 4 to read as follows:
   4.(A) THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS AS DEFINED BY SECTION
 ONE  HUNDRED THREE-E OF THE STATE TECHNOLOGY LAW AND AUTOMATED DECISION-
 MAKING TOOLS AS DEFINED BY SECTION FIVE HUNDRED ONE OF THE  STATE  TECH-
 NOLOGY  LAW SHALL NOT AFFECT (I) THE EXISTING RIGHTS OF EMPLOYEES PURSU-
 ANT TO AN EXISTING COLLECTIVE BARGAINING AGREEMENT, OR (II) THE EXISTING
 REPRESENTATIONAL  RELATIONSHIPS  AMONG  EMPLOYEE  ORGANIZATIONS  OR  THE
 BARGAINING  RELATIONSHIPS BETWEEN THE EMPLOYER AND AN EMPLOYEE ORGANIZA-
 TION.
   (B) THE USE OF SUCH  ARTIFICIAL  INTELLIGENCE  SYSTEMS  AND  AUTOMATED
 DECISION-MAKING  TOOLS SHALL NOT RESULT IN THE: (I) DISCHARGE, DISPLACE-
 MENT OR LOSS OF POSITION,  INCLUDING  PARTIAL  DISPLACEMENT  SUCH  AS  A
 REDUCTION  IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT BENE-
 FITS, OR RESULT IN THE  IMPAIRMENT  OF  EXISTING  COLLECTIVE  BARGAINING
 AGREEMENTS;  OR (II) TRANSFER OF EXISTING DUTIES AND FUNCTIONS CURRENTLY
 PERFORMED BY EMPLOYEES OF THE STATE OR ANY AGENCY  OR  PUBLIC  AUTHORITY
 THEREOF  TO AN ARTIFICIAL INTELLIGENCE SYSTEM OR AUTOMATED DECISION-MAK-
 ING TOOL.
   (C) THE USE OF SUCH ARTIFICIAL INTELLIGENCE SYSTEM AND AUTOMATED DECI-
 SION-MAKING TOOL SHALL NOT ALTER THE RIGHTS OR BENEFITS, AND PRIVILEGES,
 INCLUDING BUT NOT LIMITED TO TERMS  AND  CONDITIONS  OF  EMPLOYMENT  AND
 CIVIL  SERVICE  STATUS. THE COLLECTIVE BARGAINING UNIT MEMBERSHIP STATUS
 OF ALL EXISTING EMPLOYEES OF THE BOARD OF EDUCATION,  BOARD  OF  COOPER-
 ATIVE  EDUCATIONAL  SERVICES,  OR  BOARD  OF  TRUSTEES  THEREOF SHALL BE
 PRESERVED AND PROTECTED.
   § 8. The education law is amended by adding a new section 115 to  read
 as follows:
   §  115. USE OF ARTIFICIAL INTELLIGENCE SYSTEMS AND AUTOMATED DECISION-
 MAKING TOOLS. 1. THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS  AS  DEFINED
 BY SECTION ONE HUNDRED THREE-E OF THE STATE TECHNOLOGY LAW AND AUTOMATED
 DECISION-MAKING  TOOLS  AS  DEFINED  BY  SECTION FIVE HUNDRED ONE OF THE
 STATE TECHNOLOGY LAW SHALL NOT AFFECT (A) THE EXISTING RIGHTS OF EMPLOY-
 EES PURSUANT TO AN EXISTING COLLECTIVE BARGAINING AGREEMENT, OR (B)  THE
 EXISTING  REPRESENTATIONAL RELATIONSHIPS AMONG EMPLOYEE ORGANIZATIONS OR
 THE BARGAINING RELATIONSHIPS BETWEEN THE EMPLOYER AND AN EMPLOYEE ORGAN-
 IZATION.
   2. THE USE OF SUCH ARTIFICIAL INTELLIGENCE SYSTEMS AND AUTOMATED DECI-
 SION-MAKING TOOLS SHALL NOT RESULT IN THE: (A)  DISCHARGE,  DISPLACEMENT
 OR  LOSS OF POSITION, INCLUDING PARTIAL DISPLACEMENT SUCH AS A REDUCTION
 IN THE HOURS OF NON-OVERTIME WORK, WAGES,  OR  EMPLOYMENT  BENEFITS,  OR
 RESULT  IN  THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS;
 OR (B) TRANSFER OF EXISTING DUTIES AND FUNCTIONS CURRENTLY PERFORMED  BY
 EMPLOYEES  OF  THE STATE OR ANY AGENCY OR PUBLIC AUTHORITY THEREOF TO AN
 ARTIFICIAL INTELLIGENCE SYSTEM OR AUTOMATED DECISION-MAKING TOOL.
   3. THE USE OF SUCH ARTIFICIAL INTELLIGENCE SYSTEM OR  AUTOMATED  DECI-
 SION-MAKING TOOL SHALL NOT ALTER THE RIGHTS OR BENEFITS, AND PRIVILEGES,
 INCLUDING  BUT  NOT LIMITED TO TERMS AND CONDITIONS OF EMPLOYMENT, CIVIL
 A. 8295--B                          7
 
 SERVICE STATUS, AND COLLECTIVE BARGAINING UNIT MEMBERSHIP STATUS OF  ALL
 EXISTING EMPLOYEES OF THE BOARD OF TRUSTEES, BOARD OF EDUCATION OR BOARD
 OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE PRESERVED AND PROTECTED.
   §  9.  Subdivision 10 of section 80 of the civil service law, as added
 by chapter 96 of the laws of 2025, is amended to read as follows:
   10. (a) The use of  artificial  intelligence  systems  as  defined  by
 section  one  hundred  three-e of the state technology law AND AUTOMATED
 DECISION-MAKING TOOLS AS DEFINED BY SECTION  FIVE  HUNDRED  ONE  OF  THE
 STATE TECHNOLOGY LAW shall not affect (i) the existing rights of employ-
 ees pursuant to an existing collective bargaining agreement, or (ii) the
 existing  representational relationships among employee organizations or
 the bargaining relationships between the employer and an employee organ-
 ization.
   (b) The use of such  artificial  intelligence  systems  AND  AUTOMATED
 DECISION-MAKING  TOOLS shall not result in the: (i) discharge, displace-
 ment or loss of position,  including  partial  displacement  such  as  a
 reduction  in the hours of non-overtime work, wages, or employment bene-
 fits, or result in the  impairment  of  existing  collective  bargaining
 agreements; or
   (ii)  transfer of existing duties and functions currently performed by
 employees of the state or any agency or public authority thereof  to  an
 artificial intelligence system OR AUTOMATED DECISION-MAKING TOOL.
   (c)  The use of [an] SUCH artificial intelligence system AND AUTOMATED
 DECISION-MAKING TOOL shall not alter the rights or benefits, and  privi-
 leges,  including but not limited to terms and conditions of employment,
 civil service status, and collective bargaining unit  membership  status
 of all existing employees of the state or any agency or public authority
 thereof shall be preserved and protected.
   §  10. This act shall take effect immediately; provided, however, that
 if chapter 96 of the laws of 2025 shall not  have  taken  effect  on  or
 before  such date then section nine of this act shall take effect on the
 same date and in the same manner as such chapter of the  laws  of  2025,
 takes  effect;  provided  further, however, that section one of this act
 shall take effect one year after it shall have become  a  law;  provided
 further, however, that the amendments to subdivision 10 of section 80 of
 the  civil service law made by section nine of this act shall not affect
 the expiration and repeal  of  such  subdivision  and  shall  be  deemed
 repealed therewith.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8295--C
                                                            R. R. 406
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2025
                                ___________
 
 Introduced  by  M. of A. OTIS, McDONALD, SIMON -- read once and referred
   to the Committee on Science and Technology  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- committee discharged, bill amended, ordered reprinted  as
   amended  and recommitted to said committee -- reported and referred to
   the Committee on Rules -- ordered to a third reading -- amended on the
   special order of third reading, ordered reprinted as amended,  retain-
   ing its place on the special order of third reading
 
 AN  ACT  to  amend  the  state technology law, the education law and the
   civil service law, in relation to automated decision-making by govern-
   ment agencies
 
   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 article
 5 to read as follows:
                                  ARTICLE V
             AUTOMATED DECISION-MAKING IN GOVERNMENT AGENCIES
 SECTION 501. DEFINITIONS.
         502. DISCLOSURE OF AUTOMATED DECISION-MAKING TOOLS BY GOVERNMENT
                AGENCIES.
         503. IMPACT ASSESSMENTS.
         504. SUBMISSION TO THE GOVERNOR AND LEGISLATURE.
   § 501. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE:
   1.  "AUTOMATED DECISION-MAKING TOOL" SHALL MEAN ANY SOFTWARE THAT USES
 ALGORITHMS, COMPUTATIONAL MODELS, OR ARTIFICIAL INTELLIGENCE TECHNIQUES,
 OR A COMBINATION THEREOF, TO AUTOMATE, SUPPORT, OR REPLACE  HUMAN  DECI-
 SION-MAKING.  "AUTOMATED  DECISION-MAKING  TOOL"  SHALL  NOT INCLUDE ANY
 SOFTWARE USED PRIMARILY FOR BASIC COMPUTERIZED PROCESSES, SUCH AS CALCU-
 LATORS, SPELLCHECK TOOLS, AUTOCORRECT FUNCTIONS, SPREADSHEETS, ELECTRON-
 IC COMMUNICATIONS, OR ANY TOOL THAT RELATES ONLY TO INTERNAL  MANAGEMENT
 AFFAIRS  SUCH  AS  ORDERING  OFFICE SUPPLIES OR PROCESSING PAYMENTS, AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11535-14-5
 A. 8295--C                          2
 
 THAT DO NOT MATERIALLY AFFECT THE RIGHTS, LIBERTIES, BENEFITS, SAFETY OR
 WELFARE OF ANY INDIVIDUAL WITHIN THE STATE.  "AUTOMATED  DECISION-MAKING
 TOOLS" SHALL NOT INCLUDE "AUTOMATED EMPLOYMENT DECISION-MAKING TOOLS" AS
 DEFINED IN SECTION FOUR HUNDRED ONE OF THIS CHAPTER.
   2.  "MEANINGFUL  HUMAN  REVIEW" MEANS REVIEW, OVERSIGHT AND CONTROL OF
 THE AUTOMATED DECISION-MAKING PROCESS BY ONE  OR  MORE  INDIVIDUALS  WHO
 UNDERSTAND THE RISKS, LIMITATIONS, AND FUNCTIONALITY OF, AND ARE TRAINED
 TO USE, THE AUTOMATED DECISION-MAKING TOOL AND WHO HAVE THE AUTHORITY TO
 INTERVENE  OR ALTER THE DECISION UNDER REVIEW, INCLUDING BUT NOT LIMITED
 TO THE ABILITY TO APPROVE, DENY, OR MODIFY ANY DECISION  RECOMMENDED  OR
 MADE BY THE AUTOMATED TOOL.
   3.  "GOVERNMENT  AGENCY"  SHALL  MEAN: (A) THE STATE OR CIVIL DIVISION
 THEREOF; (B) A COUNTY, CITY, TOWN OR VILLAGE;  (C)  A  SCHOOL  DISTRICT,
 BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  VOCATIONAL EDUCATION AND
 EXTENSION BOARD  OR A SCHOOL DISTRICT AS ENUMERATED IN  SECTION  ONE  OF
 CHAPTER  FIVE  HUNDRED  SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED SIXTY-
 SEVEN, AS AMENDED; (D) THE STATE UNIVERSITY OF NEW YORK;  (E)  THE  CITY
 UNIVERSITY  OF  NEW  YORK;  (F) A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT
 INCLUDING POLICE OR FIRE DISTRICTS; (G) A PUBLIC  AUTHORITY,  COMMISSION
 OR  PUBLIC  BENEFIT  CORPORATION;  OR  (H) ANY OTHER PUBLIC CORPORATION,
 AGENCY, INSTRUMENTALITY OR UNIT OF GOVERNMENT  WHICH  EXERCISES  GOVERN-
 MENTAL POWER UNDER THE LAWS OF THIS STATE.
   §  502.  DISCLOSURE  OF  AUTOMATED DECISION-MAKING TOOLS BY GOVERNMENT
 AGENCIES. ANY GOVERNMENT AGENCY THAT UTILIZES AN AUTOMATED DECISION-MAK-
 ING TOOL, AS DEFINED IN SECTION FIVE HUNDRED ONE OF THIS ARTICLE,  SHALL
 PUBLISH  A  LIST OF SUCH AUTOMATED DECISION-MAKING TOOLS ON SUCH GOVERN-
 MENT AGENCY'S WEBSITE NO LATER  THAN  THE  THIRTIETH  OF  DECEMBER  NEXT
 SUCCEEDING  THE  DATE  ON  WHICH THIS SECTION TAKES EFFECT, AND ANNUALLY
 THEREAFTER. SUCH DISCLOSURE SHALL INCLUDE:
   1.  A  DESCRIPTION  OF  THE  AUTOMATED DECISION-MAKING  TOOL  UTILIZED
 BY SUCH GOVERNMENT AGENCY;
   2.  THE DATE THAT THE GOVERNMENT AGENCY USE  OF  SUCH  AUTOMATED DECI-
 SION-MAKING TOOL BEGAN;
   3.  A  SUMMARY  OF  THE  PURPOSE  AND USE OF SUCH AUTOMATED  DECISION-
 MAKING TOOL; AND
   4. ANY OTHER INFORMATION DEEMED RELEVANT BY THE AGENCY.
   §  503.  IMPACT ASSESSMENTS. 1. GOVERNMENT AGENCIES SEEKING TO UTILIZE
 OR APPLY AN AUTOMATED DECISION-MAKING TOOL PERMITTED UNDER SECTION  FIVE
 HUNDRED  TWO  OF  THIS ARTICLE WITH CONTINUED AND OPERATIONAL MEANINGFUL
 HUMAN REVIEW SHALL  CONDUCT  OR  HAVE  CONDUCTED  AN  IMPACT  ASSESSMENT
 SUBSTANTIALLY  COMPLETED  AND BEARING THE SIGNATURE OF ONE OR MORE INDI-
 VIDUALS RESPONSIBLE FOR MEANINGFUL HUMAN REVIEW FOR THE LAWFUL  APPLICA-
 TION AND USE OF SUCH AUTOMATED DECISION-MAKING TOOL. FOLLOWING THE FIRST
 IMPACT ASSESSMENT, AN IMPACT ASSESSMENT SHALL BE CONDUCTED IN ACCORDANCE
 WITH  THIS  SECTION  AT LEAST ONCE EVERY TWO YEARS. AN IMPACT ASSESSMENT
 SHALL BE CONDUCTED PRIOR TO ANY MATERIAL CHANGE TO THE  AUTOMATED  DECI-
 SION-MAKING  TOOL  THAT  MAY  CHANGE THE OUTCOME OR EFFECT OF SUCH TOOL.
 SUCH IMPACT ASSESSMENTS SHALL INCLUDE:
   (A) A DESCRIPTION OF THE OBJECTIVES OF THE  AUTOMATED  DECISION-MAKING
 TOOL;
   (B) AN EVALUATION OF THE ABILITY OF THE AUTOMATED DECISION-MAKING TOOL
 TO ACHIEVE ITS STATED OBJECTIVES;
   (C)  A DESCRIPTION AND EVALUATION OF THE OBJECTIVES AND DEVELOPMENT OF
 THE AUTOMATED DECISION-MAKING INCLUDING:
 A. 8295--C                          3
 
   (I) A SUMMARY OF THE UNDERLYING ALGORITHMS, COMPUTATIONAL  MODES,  AND
 ARTIFICIAL  INTELLIGENCE  TOOLS THAT ARE USED WITHIN THE AUTOMATED DECI-
 SION-MAKING TOOL; AND
   (II)  THE DESIGN AND TRAINING DATA USED TO DEVELOP THE AUTOMATED DECI-
 SION-MAKING TOOL PROCESS;
   (D) TESTING FOR:
   (I) ACCURACY, FAIRNESS, BIAS AND DISCRIMINATION, AND AN ASSESSMENT  OF
 WHETHER THE USE OF THE AUTOMATED DECISION-MAKING TOOL PRODUCES DISCRIMI-
 NATORY  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
 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  TOOL,  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 TOOL;
   (IV) ANY REASONABLY FORESEEABLE MISUSE OF THE AUTOMATED  DECISION-MAK-
 ING  TOOL  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 TOOL 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 TOOL
 MAY BE NOTIFIED OF THE USE OF SUCH AUTOMATED DECISION-MAKING TOOL 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  TOOL
 PRODUCES  DISCRIMINATORY OR BIASED OUTCOMES, THE GOVERNMENT AGENCY SHALL
 CEASE ANY UTILIZATION, APPLICATION, OR FUNCTION OF SUCH AUTOMATED  DECI-
 SION-MAKING TOOL, AND OF ANY INFORMATION PRODUCED USING SUCH TOOL.
   §  504.  SUBMISSION  TO  THE  GOVERNOR AND LEGISLATURE. 1. EACH IMPACT
 ASSESSMENT CONDUCTED PURSUANT TO THIS ARTICLE 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 IMPLEMENTATION OF  THE  AUTO-
 MATED DECISION-MAKING TOOL THAT IS  THE  SUBJECT  OF SUCH ASSESSMENT.
   2.  (A)  THE  IMPACT  ASSESSMENT  OF AN AUTOMATED DECISION-MAKING TOOL
 SHALL BE PUBLISHED ON THE WEBSITE OF THE RELEVANT GOVERNMENT AGENCY.
   (B) IF THE GOVERNMENT 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  SIGNIFICANTLY  IMPAIR  THE
 GOVERNMENT  AGENCY'S  ABILITY  TO  PROTECT ITS INFORMATION TECHNOLOGY OR
 OPERATIONAL ASSETS, SUCH GOVERNMENT AGENCY MAY REDACT SUCH  INFORMATION,
 PROVIDED  THAT  AN  EXPLANATORY  STATEMENT  ON  THE PROCESS BY WHICH THE
 GOVERNMENT AGENCY MADE SUCH DETERMINATION IS PUBLISHED  ALONG  WITH  THE
 REDACTED IMPACT ASSESSMENT.
   (C) IF THE IMPACT ASSESSMENT COVERS ANY AUTOMATED DECISION-MAKING TOOL
 THAT  INCLUDES  TECHNOLOGY  THAT  IS  USED  TO  PREVENT, DETECT, PROTECT
 AGAINST OR RESPOND TO SECURITY INCIDENTS, IDENTITY THEFT, FRAUD, HARASS-
 MENT, MALICIOUS OR  DECEPTIVE  ACTIVITIES  OR  OTHER  ILLEGAL  ACTIVITY,
 A. 8295--C                          4
 
 PRESERVE  THE  INTEGRITY OR SECURITY OF TOOLS, OR TO INVESTIGATE, REPORT
 OR PROSECUTE THOSE RESPONSIBLE  FOR  ANY  SUCH  MALICIOUS  OR  DECEPTIVE
 ACTION,  SUCH  GOVERNMENT  AGENCY  MAY  REDACT  SUCH INFORMATION FOR THE
 PURPOSES  OF THIS SUBDIVISION, PROVIDED THAT AN EXPLANATORY STATEMENT ON
 THE  PROCESS BY WHICH THE GOVERNMENT AGENCY MADE SUCH  DETERMINATION  IS
 PUBLISHED ALONG WITH THE REDACTED IMPACT ASSESSMENT.
   § 2. The state technology law is amended by adding a new section 103-f
 to read as follows:
   § 103-F. AUTOMATED DECISION-MAKING TOOL INVENTORY. 1. THE OFFICE SHALL
 MAINTAIN  AN  INVENTORY  OF  STATE AUTOMATED DECISION-MAKING TOOLS.  THE
 OFFICE SHALL ISSUE GUIDANCE  TO  STATE  AGENCIES  IDENTIFYING  THE  DATA
 ELEMENTS TO BE COLLECTED AND SUBMITTED TO THE OFFICE FOR SUCH INVENTORY,
 INCLUDING  BUT  NOT  LIMITED  TO  THE PURPOSE AND USES OF SUCH AUTOMATED
 DECISION-MAKING TOOLS. THE INVENTORY SHALL BE POSTED  ON  THE  NEW  YORK
 STATE OPEN DATA WEBSITE ON THE THIRTIETH OF DECEMBER NEXT SUCCEEDING THE
 DATE  ON WHICH THIS SECTION TAKES EFFECT, AND ANNUALLY THEREAFTER. STATE
 AGENCIES SHALL SUBMIT INFORMATION REQUIRED BY THE OFFICE AT LEAST  SIXTY
 DAYS  IN ADVANCE OF THE ANNUAL PUBLICATION DATE. THE OFFICE MAY WITHHOLD
 CERTAIN INFORMATION IF IT  DETERMINES  DISCLOSURE  OF  THIS  INFORMATION
 WOULD  JEOPARDIZE  THE  SECURITY OF INFORMATION TECHNOLOGY ASSETS, OR AS
 PRESCRIBED BY ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   2. FOR PURPOSES OF  THIS  SECTION,  "AUTOMATED  DECISION-MAKING  TOOL"
 SHALL  HAVE  THE  SAME  MEANING  AS  THE TERM IS DEFINED IN SECTION FIVE
 HUNDRED ONE OF THIS CHAPTER.
   3. THE OFFICE MAY ASK AND SHALL RECEIVE  FROM  ANY  STATE  AGENCY  ANY
 INFORMATION  OR  ASSISTANCE NECESSARY TO CARRY OUT ITS POWERS AND DUTIES
 UNDER THIS SECTION.
   4. THE OFFICE SHALL SUBMIT  A  COPY  OF  THE  ARTIFICIAL  INTELLIGENCE
 INVENTORY  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
 THE SPEAKER OF THE ASSEMBLY.
   § 3. Disclosure  of  existing  automated  decision-making  tools.  Any
 government  agency,  that  directly or indirectly, utilizes an automated
 decision-making tool, as defined in section 501 of the state  technology
 law,  shall  submit  to  the legislature a disclosure on the use of such
 tool, no later than one year after the effective date of  this  section.
 Such disclosure shall include:
   (a)  a  description  of the automated decision-making tool utilized by
 such agency;
   (b) a list of any software vendors related  to  such  automated  deci-
 sion-making tool;
   (c) the date that the use of such tool began;
   (d)  a  summary  of  the  purpose  and  use  of such tool, including a
 description  of  human  decision-making  and  discretion  supported   or
 replaced by the automated decision-making tool;
   (e)  whether  any impact assessments for the automated decision-making
 tool were conducted and the dates and summaries of the results  of  such
 assessments where applicable; and
   (f) any other information deemed relevant by the agency.
   §  4.  Section  2510  of  the education law is amended by adding a new
 subdivision 4 to read as follows:
   4.(A) THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS AS DEFINED BY SECTION
 ONE HUNDRED THREE-E OF THE STATE TECHNOLOGY LAW AND AUTOMATED  DECISION-
 MAKING  TOOLS  AS DEFINED BY SECTION FIVE HUNDRED ONE OF THE STATE TECH-
 NOLOGY LAW SHALL NOT AFFECT (I) THE EXISTING RIGHTS OF EMPLOYEES  PURSU-
 ANT TO AN EXISTING COLLECTIVE BARGAINING AGREEMENT, OR (II) THE EXISTING
 REPRESENTATIONAL  RELATIONSHIPS  AMONG  EMPLOYEE  ORGANIZATIONS  OR  THE
 A. 8295--C                          5
 
 BARGAINING RELATIONSHIPS BETWEEN THE EMPLOYER AND AN EMPLOYEE  ORGANIZA-
 TION.
   (B)  THE  USE  OF  SUCH  ARTIFICIAL INTELLIGENCE SYSTEMS AND AUTOMATED
 DECISION-MAKING TOOLS SHALL NOT RESULT IN THE: (I) DISCHARGE,  DISPLACE-
 MENT  OR  LOSS  OF  POSITION,  INCLUDING  PARTIAL DISPLACEMENT SUCH AS A
 REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT  BENE-
 FITS,  OR  RESULT  IN  THE  IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING
 AGREEMENTS; OR (II) TRANSFER OF EXISTING DUTIES AND FUNCTIONS  CURRENTLY
 PERFORMED  BY  EMPLOYEES  OF THE STATE OR ANY AGENCY OR PUBLIC AUTHORITY
 THEREOF TO AN ARTIFICIAL INTELLIGENCE SYSTEM OR AUTOMATED  DECISION-MAK-
 ING TOOL.
   (C)  THE USE OF SUCH ARTIFICIAL INTELLIGENCE SYSTEM OR AUTOMATED DECI-
 SION-MAKING TOOL SHALL NOT ALTER THE RIGHTS OR BENEFITS, AND PRIVILEGES,
 INCLUDING BUT NOT LIMITED TO TERMS  AND  CONDITIONS  OF  EMPLOYMENT  AND
 CIVIL  SERVICE  STATUS. THE COLLECTIVE BARGAINING UNIT MEMBERSHIP STATUS
 OF ALL EXISTING EMPLOYEES OF THE BOARD OF EDUCATION SHALL  BE  PRESERVED
 AND PROTECTED.
   §  5.  Section  2585  of  the education law is amended by adding a new
 subdivision 5 to read as follows:
   5.(A) THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS AS DEFINED BY SECTION
 ONE HUNDRED THREE-E OF THE STATE TECHNOLOGY LAW AND AUTOMATED  DECISION-
 MAKING  TOOLS  AS DEFINED BY SECTION FIVE HUNDRED ONE OF THE STATE TECH-
 NOLOGY LAW SHALL NOT AFFECT (I) THE EXISTING RIGHTS OF EMPLOYEES  PURSU-
 ANT TO AN EXISTING COLLECTIVE BARGAINING AGREEMENT, OR (II) THE EXISTING
 REPRESENTATIONAL  RELATIONSHIPS  AMONG  EMPLOYEE  ORGANIZATIONS  OR  THE
 BARGAINING RELATIONSHIPS BETWEEN THE EMPLOYER AND AN EMPLOYEE  ORGANIZA-
 TION.
   (B)  THE  USE  OF  SUCH  ARTIFICIAL INTELLIGENCE SYSTEMS AND AUTOMATED
 DECISION-MAKING TOOLS SHALL NOT RESULT IN THE: (I) DISCHARGE,  DISPLACE-
 MENT  OR  LOSS  OF  POSITION,  INCLUDING  PARTIAL DISPLACEMENT SUCH AS A
 REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT  BENE-
 FITS,  OR  RESULT  IN  THE  IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING
 AGREEMENTS; OR (II) TRANSFER OF EXISTING DUTIES AND FUNCTIONS  CURRENTLY
 PERFORMED  BY  EMPLOYEES  OF THE STATE OR ANY AGENCY OR PUBLIC AUTHORITY
 THEREOF TO AN  ARTIFICIAL  INTELLIGENCE  SYSTEM  OR  AUTOMATED  DECISION
 MAKING TOOL.
   (C) THE USE OF SUCH ARTIFICIAL INTELLIGENCE SYSTEM AND AUTOMATED DECI-
 SION-MAKING TOOL SHALL NOT ALTER THE RIGHTS OR BENEFITS, AND PRIVILEGES,
 INCLUDING  BUT  NOT  LIMITED  TO  TERMS AND CONDITIONS OF EMPLOYMENT AND
 CIVIL SERVICE STATUS. THE COLLECTIVE BARGAINING UNIT  MEMBERSHIP  STATUS
 OF  ALL  EXISTING EMPLOYEES OF THE BOARD OF EDUCATION SHALL BE PRESERVED
 AND PROTECTED.
   § 6. Section 2588 of the education law is  amended  by  adding  a  new
 subdivision 9 to read as follows:
   9.(A) THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS AS DEFINED BY SECTION
 ONE  HUNDRED THREE-E OF THE STATE TECHNOLOGY LAW AND AUTOMATED DECISION-
 MAKING TOOLS AS DEFINED BY SECTION FIVE HUNDRED ONE OF THE  STATE  TECH-
 NOLOGY  LAW SHALL NOT AFFECT (I) THE EXISTING RIGHTS OF EMPLOYEES PURSU-
 ANT TO AN EXISTING COLLECTIVE BARGAINING AGREEMENT, OR (II) THE EXISTING
 REPRESENTATIONAL  RELATIONSHIPS  AMONG  EMPLOYEE  ORGANIZATIONS  OR  THE
 BARGAINING  RELATIONSHIPS BETWEEN THE EMPLOYER AND AN EMPLOYEE ORGANIZA-
 TION.
   (B) THE USE OF SUCH ARTIFICIAL INTELLIGENCE SYSTEMS SHALL  NOT  RESULT
 IN  THE:  (I)  DISCHARGE,  DISPLACEMENT  OR  LOSS OF POSITION, INCLUDING
 PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE  HOURS  OF  NON-OVERTIME
 WORK,  WAGES,  OR  EMPLOYMENT  BENEFITS,  OR RESULT IN THE IMPAIRMENT OF
 A. 8295--C                          6
 
 EXISTING COLLECTIVE BARGAINING AGREEMENTS; OR (II) TRANSFER OF  EXISTING
 DUTIES  AND  FUNCTIONS  CURRENTLY PERFORMED BY EMPLOYEES OF THE STATE OR
 ANY AGENCY OR PUBLIC AUTHORITY THEREOF TO  AND  ARTIFICIAL  INTELLIGENCE
 SYSTEM OR AUTOMATED DECISION-MAKING TOOL.
   (C) THE USE OF SUCH ARTIFICIAL INTELLIGENCE SYSTEM AND AUTOMATED DECI-
 SION-MAKING TOOL SHALL NOT ALTER THE RIGHTS OR BENEFITS, AND PRIVILEGES,
 INCLUDING  BUT  NOT  LIMITED  TO  TERMS AND CONDITIONS OF EMPLOYMENT AND
 CIVIL SERVICE STATUS. THE COLLECTIVE BARGAINING UNIT  MEMBERSHIP  STATUS
 OF  ALL  EXISTING EMPLOYEES OF THE BOARD OF EDUCATION SHALL BE PRESERVED
 AND PROTECTED.
   § 7. Section 3013 of the education law is  amended  by  adding  a  new
 subdivision 4 to read as follows:
   4.(A) THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS AS DEFINED BY SECTION
 ONE  HUNDRED THREE-E OF THE STATE TECHNOLOGY LAW AND AUTOMATED DECISION-
 MAKING TOOLS AS DEFINED BY SECTION FIVE HUNDRED ONE OF THE  STATE  TECH-
 NOLOGY  LAW SHALL NOT AFFECT (I) THE EXISTING RIGHTS OF EMPLOYEES PURSU-
 ANT TO AN EXISTING COLLECTIVE BARGAINING AGREEMENT, OR (II) THE EXISTING
 REPRESENTATIONAL  RELATIONSHIPS  AMONG  EMPLOYEE  ORGANIZATIONS  OR  THE
 BARGAINING  RELATIONSHIPS BETWEEN THE EMPLOYER AND AN EMPLOYEE ORGANIZA-
 TION.
   (B) THE USE OF SUCH  ARTIFICIAL  INTELLIGENCE  SYSTEMS  AND  AUTOMATED
 DECISION-MAKING  TOOLS SHALL NOT RESULT IN THE: (I) DISCHARGE, DISPLACE-
 MENT OR LOSS OF POSITION,  INCLUDING  PARTIAL  DISPLACEMENT  SUCH  AS  A
 REDUCTION  IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT BENE-
 FITS, OR RESULT IN THE  IMPAIRMENT  OF  EXISTING  COLLECTIVE  BARGAINING
 AGREEMENTS;  OR (II) TRANSFER OF EXISTING DUTIES AND FUNCTIONS CURRENTLY
 PERFORMED BY EMPLOYEES OF THE STATE OR ANY AGENCY  OR  PUBLIC  AUTHORITY
 THEREOF  TO AN ARTIFICIAL INTELLIGENCE SYSTEM OR AUTOMATED DECISION-MAK-
 ING TOOL.
   (C) THE USE OF SUCH ARTIFICIAL INTELLIGENCE SYSTEM AND AUTOMATED DECI-
 SION-MAKING TOOL SHALL NOT ALTER THE RIGHTS OR BENEFITS, AND PRIVILEGES,
 INCLUDING BUT NOT LIMITED TO TERMS  AND  CONDITIONS  OF  EMPLOYMENT  AND
 CIVIL  SERVICE  STATUS. THE COLLECTIVE BARGAINING UNIT MEMBERSHIP STATUS
 OF ALL EXISTING EMPLOYEES OF THE BOARD OF EDUCATION,  BOARD  OF  COOPER-
 ATIVE  EDUCATIONAL  SERVICES,  OR  BOARD  OF  TRUSTEES  THEREOF SHALL BE
 PRESERVED AND PROTECTED.
   § 8. The education law is amended by adding a new section 115 to  read
 as follows:
   §  115. USE OF ARTIFICIAL INTELLIGENCE SYSTEMS AND AUTOMATED DECISION-
 MAKING TOOLS. 1. THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS  AS  DEFINED
 BY SECTION ONE HUNDRED THREE-E OF THE STATE TECHNOLOGY LAW AND AUTOMATED
 DECISION-MAKING  TOOLS  AS  DEFINED  BY  SECTION FIVE HUNDRED ONE OF THE
 STATE TECHNOLOGY LAW SHALL NOT AFFECT (A) THE EXISTING RIGHTS OF EMPLOY-
 EES PURSUANT TO AN EXISTING COLLECTIVE BARGAINING AGREEMENT, OR (B)  THE
 EXISTING  REPRESENTATIONAL RELATIONSHIPS AMONG EMPLOYEE ORGANIZATIONS OR
 THE BARGAINING RELATIONSHIPS BETWEEN THE EMPLOYER AND AN EMPLOYEE ORGAN-
 IZATION.
   2. THE USE OF SUCH ARTIFICIAL INTELLIGENCE SYSTEMS AND AUTOMATED DECI-
 SION-MAKING TOOLS SHALL NOT RESULT IN THE: (A)  DISCHARGE,  DISPLACEMENT
 OR  LOSS OF POSITION, INCLUDING PARTIAL DISPLACEMENT SUCH AS A REDUCTION
 IN THE HOURS OF NON-OVERTIME WORK, WAGES,  OR  EMPLOYMENT  BENEFITS,  OR
 RESULT  IN  THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS;
 OR (B) TRANSFER OF EXISTING DUTIES AND FUNCTIONS CURRENTLY PERFORMED  BY
 EMPLOYEES  OF  THE STATE OR ANY AGENCY OR PUBLIC AUTHORITY THEREOF TO AN
 ARTIFICIAL INTELLIGENCE SYSTEM OR AUTOMATED DECISION-MAKING TOOL.
 A. 8295--C                          7
 
   3. THE USE OF SUCH ARTIFICIAL INTELLIGENCE SYSTEM OR  AUTOMATED  DECI-
 SION-MAKING TOOL SHALL NOT ALTER THE RIGHTS OR BENEFITS, AND PRIVILEGES,
 INCLUDING  BUT  NOT LIMITED TO TERMS AND CONDITIONS OF EMPLOYMENT, CIVIL
 SERVICE STATUS, AND COLLECTIVE BARGAINING UNIT MEMBERSHIP STATUS OF  ALL
 EXISTING EMPLOYEES OF THE BOARD OF TRUSTEES, BOARD OF EDUCATION OR BOARD
 OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE PRESERVED AND PROTECTED.
   §  9.  Subdivision 10 of section 80 of the civil service law, as added
 by chapter 96 of the laws of 2025, is amended to read as follows:
   10. (a) The use of  artificial  intelligence  systems  as  defined  by
 section  one  hundred  three-e of the state technology law AND AUTOMATED
 DECISION-MAKING TOOLS AS DEFINED BY SECTION  FIVE  HUNDRED  ONE  OF  THE
 STATE TECHNOLOGY LAW shall not affect (i) the existing rights of employ-
 ees pursuant to an existing collective bargaining agreement, or (ii) the
 existing  representational relationships among employee organizations or
 the bargaining relationships between the employer and an employee organ-
 ization.
   (b) The use of such  artificial  intelligence  systems  AND  AUTOMATED
 DECISION-MAKING  TOOLS shall not result in the: (i) discharge, displace-
 ment or loss of position,  including  partial  displacement  such  as  a
 reduction  in the hours of non-overtime work, wages, or employment bene-
 fits, or result in the  impairment  of  existing  collective  bargaining
 agreements; or
   (ii)  transfer of existing duties and functions currently performed by
 employees of the state or any agency or public authority thereof  to  an
 artificial intelligence system OR AUTOMATED DECISION-MAKING TOOL.
   (c)  The use of [an] SUCH artificial intelligence system AND AUTOMATED
 DECISION-MAKING TOOL shall not alter the rights or benefits, and  privi-
 leges,  including but not limited to terms and conditions of employment,
 civil service status, and collective bargaining unit  membership  status
 of all existing employees of the state or any agency or public authority
 thereof shall be preserved and protected.
   §  10. This act shall take effect immediately; provided, however, that
 if chapter 96 of the laws of 2025 shall not  have  taken  effect  on  or
 before  such date then section nine of this act shall take effect on the
 same date and in the same manner as such chapter of the  laws  of  2025,
 takes  effect;  provided  further, however, that section one of this act
 shall take effect one year after it shall have become  a  law;  provided
 further, however, that the amendments to subdivision 10 of section 80 of
 the  civil service law made by section nine of this act shall not affect
 the expiration and repeal  of  such  subdivision  and  shall  be  deemed
 repealed therewith.