Assembly Bill A9487

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9487
 
                           I N  A S S E M B L Y
 
                              January 7, 2026
                                ___________
 
 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,  the  education  law  and  the
   civil  service  law,  in  relation  to the use of automated employment
   decision-making tools and artificial intelligence systems  by  certain
   state  and  local  entities;  to  amend  a chapter of the laws of 2025
   amending the state technology law, the education  law  and  the  civil
   service  law relating to automated decision-making by government agen-
   cies, as proposed in  legislative  bills  numbers  S.  7599-C  and  A.
   8295-D,  in  relation  to  the  effectiveness  thereof;  and to repeal
   certain provisions of the state technology law, the education law, the
   civil service law and a chapter of the laws of 2025 amending the state
   technology law, the education law and the civil service  law  relating
   to  automated  decision-making  by government agencies, as proposed in
   legislative bills numbers S. 7599-C and A.  8295-D, relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Article 5 of the state technology law, as added by a chap-
 ter of the laws of 2025 amending the state technology law, the education
 law and the civil service law relating to automated  decision-making  by
 government  agencies, as proposed in legislative bills numbers S. 7599-C
 and A. 8295-D, is REPEALED.
   § 2. Section 103-f of the state technology law, as added by a  chapter
 of the laws of 2025 amending the state technology law, the education law
 and  the  civil  service  law  relating  to automated decision-making by
 government agencies, as proposed in legislative bills numbers S.  7599-C
 and A.  8295-D, is REPEALED.
   §  3.  Section  3  of a chapter of the laws of 2025 amending the state
 technology law, the education law and the civil service law relating  to
 automated  decision-making by government agencies, as proposed in legis-
 lative bills numbers S. 7599-C and A. 8295-D, is REPEALED.
   § 4. Section 401 of the state technology law is amended  by  adding  a
 new subdivision 3 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11535-20-6
              

 A. 9487                             2
 
   3. "COVERED ENTITY" SHALL MEAN ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL
 DISTRICT,  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL
 EDUCATION AND EXTENSION BOARD, DISTRICT CORPORATION, THE STATE UNIVERSI-
 TY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK, OR COMMUNITY COLLEGE.
   §  5.  The section heading of section 402 of the state technology law,
 as amended by chapter 96 of the laws of 2025,  is  amended  to  read  as
 follows:
   Disclosure of automated employment decision-making tools USED BY STATE
 AGENCIES.
   § 6. The state technology law is amended by adding a new section 402-a
 to read as follows:
   § 402-A. DISCLOSURE OF AUTOMATED EMPLOYMENT DECISION-MAKING TOOLS USED
 BY  COVERED  ENTITIES.  TO  THE EXTENT FEASIBLE, ANY COVERED ENTITY THAT
 UTILIZES AN AUTOMATED EMPLOYMENT DECISION-MAKING TOOL, SHALL  PUBLISH  A
 LIST  OF SUCH AUTOMATED EMPLOYMENT DECISION-MAKING TOOLS ON SUCH COVERED
 ENTITY'S WEBSITE NO LATER THAN THE THIRTIETH OF DECEMBER NEXT SUCCEEDING
 THE DATE ON WHICH THIS SECTION SHALL HAVE BECOME  A  LAW,  AND  ANNUALLY
 THEREAFTER. TO THE EXTENT FEASIBLE, SUCH DISCLOSURE SHALL INCLUDE:
   1.  A  DESCRIPTION  OF  THE  AUTOMATED EMPLOYMENT DECISION-MAKING TOOL
 UTILIZED BY SUCH COVERED ENTITY;
   2. THE DATE THAT THE COVERED ENTITY USE OF SUCH  AUTOMATED  EMPLOYMENT
 DECISION-MAKING TOOL BEGAN;
   3. A SUMMARY OF THE PURPOSE AND USE OF SUCH AUTOMATED EMPLOYMENT DECI-
 SION-MAKING TOOL; AND
   4. ANY OTHER INFORMATION DEEMED RELEVANT BY THE COVERED ENTITY.
   §  7.  Section  1950  of  the education law is amended by adding a new
 subdivision 20 to read as follows:
   20. (A) THE USE OF ARTIFICIAL  INTELLIGENCE  SYSTEMS,  AS  DEFINED  BY
 SECTION  ONE  HUNDRED  THREE-E  OF  THE  STATE TECHNOLOGY LAW, SHALL NOT
 AFFECT THE:  (I) EXISTING RIGHTS OF EMPLOYEES PURSUANT  TO  AN  EXISTING
 COLLECTIVE  BARGAINING  AGREEMENT; OR (II) THE EXISTING REPRESENTATIONAL
 RELATIONSHIPS AMONG EMPLOYEE ORGANIZATIONS OR THE  BARGAINING  RELATION-
 SHIPS BETWEEN THE EMPLOYER AND AN EMPLOYEE ORGANIZATION.
   (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  BOARD  OF
 COOPERATIVE EDUCATIONAL SERVICES TO AN ARTIFICIAL INTELLIGENCE SYSTEM.
   (C) THE USE OF SUCH ARTIFICIAL INTELLIGENCE SYSTEM 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.
   § 8. Subdivision 4 of section 2510 of the education law, as added by a
 chapter  of  the  laws  of  2025  amending the state technology law, the
 education law and the civil service law relating to automated  decision-
 making  by government agencies, as proposed in legislative bills numbers
 S. 7599-C and A. 8295-D, is amended 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  technology  law]  shall  not  affect  (i)  the existing rights of
 employees pursuant to an existing collective  bargaining  agreement,  or
 (ii)  the  existing representational relationships among employee organ-
 A. 9487                             3
 
 izations or the bargaining relationships between  the  employer  and  an
 employee organization.
   (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]  SCHOOL DISTRICT to an artificial intelligence system [or auto-
 mated decision-making tool].
   (c) The use of such artificial intelligence system [or automated deci-
 sion-making tool] shall not alter the rights  or  benefits,  and  privi-
 leges,  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.
   § 9. Subdivision 5 of section 2585 of the education law, as added by a
 chapter of the laws of 2025  amending  the  state  technology  law,  the
 education  law and the civil service law relating to automated decision-
 making by government agencies, as proposed in legislative bills  numbers
 S. 7599-C and A. 8295-D, is amended 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 technology law] shall  not  affect  (i)  the  existing  rights  of
 employees  pursuant  to  an existing collective bargaining agreement, or
 (ii) the existing representational relationships among  employee  organ-
 izations  or  the  bargaining  relationships between the employer and an
 employee organization.
   (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] SCHOOL DISTRICT to an artificial intelligence system [or  auto-
 mated decision making tool].
   (c)  The  use  of  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
 and  civil  service  status.  The  collective bargaining unit membership
 status of all existing employees of the  board  of  education  shall  be
 preserved and protected.
   §  10. Subdivision 9 of section 2588 of the education law, as added by
 a chapter of the laws of 2025 amending the  state  technology  law,  the
 education  law and the civil service law relating to automated decision-
 making by government agencies, as proposed in legislative bills  numbers
 S. 7599-C and A. 8295-D, is amended 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 technology law] shall  not  affect  (i)  the  existing  rights  of
 employees  pursuant  to  an existing collective bargaining agreement, or
 (ii) the existing representational relationships among  employee  organ-
 A. 9487                             4
 
 izations  or  the  bargaining  relationships between the employer and an
 employee organization.
   (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
 any agency or public authority thereof to and] TEACHING AND  SUPERVISORY
 STAFF  OF  THE CITY SCHOOL DISTRICT TO AN artificial intelligence system
 [or automated decision-making tool].
   (c) The use of 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
 and civil service status.  The  collective  bargaining  unit  membership
 status  of  all  existing  employees  of the board of education shall be
 preserved and protected.
   § 11. Subdivision 4 of section 3013 of the education law, as added  by
 a  chapter  of  the  laws of 2025 amending the state technology law, the
 education law and the civil service law relating to automated  decision-
 making  by government agencies, as proposed in legislative bills numbers
 S. 7599-C and A. 8295-D, is amended 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  technology  law]  shall  not  affect  (i)  the existing rights of
 employees pursuant to an existing collective  bargaining  agreement,  or
 (ii)  the  existing representational relationships among employee organ-
 izations or the bargaining relationships between  the  employer  and  an
 employee organization.
   (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]  SCHOOL  DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR
 COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD to an artificial  intel-
 ligence system [or automated decision-making tool].
   (c)  The  use  of  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
 and  civil  service  status.  The  collective bargaining unit membership
 status of all existing employees of the board  of  education,  board  of
 cooperative  educational services, or board of trustees thereof shall be
 preserved and protected.
   § 12. Subdivision 10 of section  80  of  the  civil  service  law,  as
 amended  by  a chapter of the laws of 2025 amending the state technology
 law, the education law and the civil service law relating  to  automated
 decision-making by government agencies, as proposed in legislative bills
 numbers S. 7599-C and A. 8295-D, 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
 A. 9487                             5
 
 employees  pursuant  to  an existing collective bargaining agreement, or
 (ii) the existing representational relationships among  employee  organ-
 izations  or  the  bargaining  relationships between the employer and an
 employee organization.
   (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,  OR
 COUNTY,  CITY,  TOWN,  VILLAGE,  PUBLIC  IMPROVEMENT  DISTRICT,  SPECIAL
 DISTRICT, SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES  OR
 COUNTY  VOCATIONAL EDUCATION AND EXTENSION BOARD to an artificial intel-
 ligence system [or automated decision-making tool].
   (c) The use of [such] AN 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, OR COUNTY, CITY, TOWN, VILLAGE,  PUBLIC  IMPROVEMENT  DISTRICT,
 SPECIAL  DISTRICT,  SCHOOL  DISTRICT,  BOARD  OF COOPERATIVE EDUCATIONAL
 SERVICES OR COUNTY VOCATIONAL EDUCATION AND  EXTENSION  BOARD  shall  be
 preserved and protected.
   §  13.  Section  355-a of the education law is amended by adding a new
 subdivision 14 to read as follows:
   14. (A) THE USE OF ARTIFICIAL  INTELLIGENCE  SYSTEMS,  AS  DEFINED  BY
 SECTION  ONE  HUNDRED  THREE-E  OF  THE  STATE TECHNOLOGY LAW, SHALL NOT
 AFFECT (I) THE EXISTING RIGHTS OF EMPLOYEES  PURSUANT  TO  A  COLLECTIVE
 BARGAINING  AGREEMENT;  OR  (II) THE EXISTING REPRESENTATIONAL RELATION-
 SHIPS AMONG  EMPLOYEE  ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS
 BETWEEN THE EMPLOYER AND AN EMPLOYEE ORGANIZATION.
   (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 DUTIES AND FUNCTIONS CURRENTLY PERFORMED BY EMPLOYEES
 OF  THE  STATE  UNIVERSITY  OF  NEW  YORK  TO AN ARTIFICIAL INTELLIGENCE
 SYSTEM.
   (C) THE USE OF AN ARTIFICIAL INTELLIGENCE SYSTEM 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 STATE
 UNIVERSITY OF NEW YORK SHALL BE PRESERVED AND PROTECTED.
   §  14.  Section  6206  of the education law is amended by adding a new
 subdivision 24 to read as follows:
   24. (A) THE USE OF ARTIFICIAL  INTELLIGENCE  SYSTEMS,  AS  DEFINED  BY
 SECTION  ONE  HUNDRED  THREE-E  OF  THE  STATE TECHNOLOGY LAW, SHALL NOT
 AFFECT (I) THE EXISTING RIGHTS OF EMPLOYEES  PURSUANT  TO  A  COLLECTIVE
 BARGAINING  AGREEMENT;  OR  (II) THE EXISTING REPRESENTATIONAL RELATION-
 SHIPS AMONG  EMPLOYEE  ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS
 BETWEEN THE EMPLOYER AND AN EMPLOYEE ORGANIZATION.
   (B)  THE  USE OF SUCH ARTIFICIAL INTELLIGENCE SYSTEMS SHALL NOT RESULT
 IN THE: (I) DISCHARGE,  DISPLACEMENT  OR  LOSS  OF  POSITION,  INCLUDING
 A. 9487                             6
 
 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 DUTIES AND FUNCTIONS CURRENTLY PERFORMED BY EMPLOYEES
 OF THE CITY UNIVERSITY OF NEW YORK TO AN ARTIFICIAL INTELLIGENCE SYSTEM.
   (C)  THE  USE OF AN ARTIFICIAL INTELLIGENCE SYSTEM 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  CITY
 UNIVERSITY OF NEW YORK SHALL BE PRESERVED AND PROTECTED.
   §  15.  Section  6306  of the education law is amended by adding a new
 subdivision 12 to read as follows:
   12. (A) THE USE OF ARTIFICIAL  INTELLIGENCE  SYSTEMS,  AS  DEFINED  BY
 SECTION  ONE  HUNDRED  THREE-E  OF  THE  STATE TECHNOLOGY LAW, SHALL NOT
 AFFECT (I) THE EXISTING RIGHTS OF EMPLOYEES  PURSUANT  TO  A  COLLECTIVE
 BARGAINING  AGREEMENT;  OR  (II) THE EXISTING REPRESENTATIONAL RELATION-
 SHIPS AMONG  EMPLOYEE  ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS
 BETWEEN THE EMPLOYER AND AN EMPLOYEE ORGANIZATION.
   (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
 COLLECTIVE BARGAINING AGREEMENTS; OR
   (II)  TRANSFER OF EXISTING DUTIES AND FUNCTIONS CURRENTLY PERFORMED BY
 EMPLOYEES OF  EACH  COMMUNITY  COLLEGE  TO  AN  ARTIFICIAL  INTELLIGENCE
 SYSTEM.
   (C)  THE  USE OF AN ARTIFICIAL INTELLIGENCE SYSTEM 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  EACH
 COMMUNITY COLLEGE SHALL BE PRESERVED AND PROTECTED.
   §  16.  Section 115 of the education law, as added by a chapter of the
 laws of 2025 amending the state technology law, the  education  law  and
 the  civil  service law relating to automated decision-making by govern-
 ment agencies, as proposed in legislative bills numbers S. 7599-C and A.
 8295-D, is REPEALED.
   § 17. Section 10 of a chapter of the laws of 2025 amending  the  state
 technology  law, the education law and the civil service law relating to
 automated decision-making by government agencies, as proposed in  legis-
 lative  bills  numbers  S.  7599-C  and A. 8295-D, is amended to read as
 follows:
   § 10. This act shall take effect immediately AND SHALL EXPIRE  AND  BE
 DEEMED  REPEALED JULY 1, 2028; 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.
   § 18. This act shall take effect immediately; provided, however that:
   (a) sections one, two, three, four, five,  six,  seven,  eight,  nine,
 ten,  eleven, twelve, thirteen, fourteen, fifteen and sixteen shall take
 effect on the same date and in the same manner as a chapter of the  laws
 of  2025  amending  the  state technology law, the education law and the
 A. 9487                             7
 
 civil service law relating to automated  decision-making  by  government
 agencies,  as  proposed  in  legislative  bills numbers S. 7599-C and A.
 8295-D, takes effect; and
   (b)  the  amendments  to  subdivision  10  of  section 80 of the civil
 service law made by section twelve of this  act  shall  not  affect  the
 expiration  and  repeal of such subdivision and shall be deemed repealed
 therewith.