S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7599
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2025
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet 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 arti-
 cle 5 to read as follows:
                                  ARTICLE V
             AUTOMATED DECISION-MAKING IN GOVERNMENT AGENCIES
 SECTION 501. DEFINITIONS.
         502. USE OF  AUTOMATED  DECISION-MAKING  SYSTEMS  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  SYSTEM"  SHALL MEAN ANY SOFTWARE THAT
 USES ALGORITHMS, COMPUTATIONAL MODELS, OR ARTIFICIAL INTELLIGENCE  TECH-
 NIQUES, OR A COMBINATION THEREOF, TO AUTOMATE, SUPPORT, OR REPLACE HUMAN
 DECISION-MAKING  AND  SHALL  INCLUDE,  WITHOUT  LIMITATION, SYSTEMS THAT
 PROCESS DATA, AND APPLY PREDEFINED RULES OR MACHINE LEARNING  ALGORITHMS
 TO   ANALYZE  SUCH  DATA,  AND  GENERATE  CONCLUSIONS,  RECOMMENDATIONS,
 OUTCOMES, ASSUMPTIONS, PROJECTIONS, OR  PREDICTIONS  WITHOUT  MEANINGFUL
 HUMAN  DISCRETION.  "AUTOMATED DECISION-MAKING SYSTEM" SHALL NOT INCLUDE
 ANY SOFTWARE USED PRIMARILY FOR BASIC COMPUTERIZED  PROCESSES,  SUCH  AS
 CALCULATORS,  SPELLCHECK  TOOLS,  AUTOCORRECT  FUNCTIONS,  SPREADSHEETS,
 ELECTRONIC 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, BENE-
 FITS, SAFETY OR WELFARE OF ANY INDIVIDUAL WITHIN THE STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11535-02-5
 S. 7599                             2
              

 
   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 SYSTEM 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  RECOM-
 MENDED OR MADE BY THE AUTOMATED SYSTEM.
   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.
   4. "PUBLIC ASSISTANCE BENEFIT" SHALL MEAN ANY SERVICE OR PROGRAM WITH-
 IN  THE  CONTROL OF THE STATE, OR BENEFIT PROVIDED BY THE STATE TO INDI-
 VIDUALS OR HOUSEHOLDS, INCLUDING BUT NOT LIMITED TO  PUBLIC  ASSISTANCE,
 CASH  ASSISTANCE,  GRANTS,  CHILD  CARE  ASSISTANCE, HOUSING ASSISTANCE,
 UNEMPLOYMENT BENEFITS, TRANSPORTATION  BENEFITS,  EDUCATION  ASSISTANCE,
 DOMESTIC  VIOLENCE  SERVICES, AND ANY OTHER ASSISTANCE OR BENEFIT WITHIN
 THE AUTHORITY OF THE STATE TO GRANT TO  INDIVIDUALS  WITHIN  THE  STATE.
 THIS  SHALL  NOT INCLUDE ANY FEDERAL PROGRAM THAT IS ADMINISTERED BY THE
 FEDERAL GOVERNMENT OR THE STATE.
   § 502. USE OF AUTOMATED DECISION-MAKING SYSTEMS  BY  GOVERNMENT  AGEN-
 CIES.  1.  NO  GOVERNMENT AGENCY, OR ANY ENTITY ACTING ON BEHALF OF SUCH
 AGENCY, WHICH UTILIZES OR APPLIES ANY AUTOMATED DECISION-MAKING  SYSTEM,
 DIRECTLY  OR INDIRECTLY, IN PERFORMING ANY FUNCTION THAT: (A) IS RELATED
 TO THE DELIVERY OF ANY PUBLIC ASSISTANCE BENEFIT; (B) WILL HAVE A  MATE-
 RIAL  IMPACT  ON  THE  RIGHTS, CIVIL LIBERTIES, SAFETY OR WELFARE OF ANY
 INDIVIDUAL WITHIN THE STATE; OR (C) AFFECTS ANY STATUTORILY OR CONSTITU-
 TIONALLY PROVIDED RIGHT OF AN INDIVIDUAL, SHALL UTILIZE  SUCH  AUTOMATED
 DECISION-MAKING  SYSTEM, UNLESS SUCH AUTOMATED DECISION-MAKING SYSTEM IS
 SUBJECT TO CONTINUED AND OPERATIONAL MEANINGFUL HUMAN REVIEW.
   2. NO GOVERNMENT AGENCY SHALL AUTHORIZE ANY PROCUREMENT,  PURCHASE  OR
 ACQUISITION OF ANY SERVICE OR SYSTEM UTILIZING, OR RELYING ON, AUTOMATED
 DECISION-MAKING  SYSTEMS IN PERFORMING ANY FUNCTION THAT IS: (A) RELATED
 TO THE DELIVERY OF ANY PUBLIC ASSISTANCE BENEFIT; (B) WILL HAVE A  MATE-
 RIAL  IMPACT  ON  THE  RIGHTS, CIVIL LIBERTIES, SAFETY OR WELFARE OF ANY
 INDIVIDUAL WITHIN THE STATE; OR (C) AFFECTS ANY STATUTORILY OR CONSTITU-
 TIONALLY PROVIDED RIGHT OF AN INDIVIDUAL  UNLESS  SUCH  AUTOMATED  DECI-
 SION-MAKING  SYSTEM  IS  SUBJECT TO CONTINUED AND OPERATIONAL MEANINGFUL
 HUMAN REVIEW.
   § 503. IMPACT ASSESSMENTS. 1. GOVERNMENT AGENCIES SEEKING  TO  UTILIZE
 OR  APPLY  AN  AUTOMATED  DECISION-MAKING SYSTEM PERMITTED UNDER SECTION
 FIVE HUNDRED TWO OF THIS ARTICLE WITH CONTINUED AND OPERATIONAL MEANING-
 FUL 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 SYSTEM. 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  AUTO-
 S. 7599                             3
 
 MATED  DECISION-MAKING  SYSTEM  THAT MAY CHANGE THE OUTCOME OR EFFECT OF
 SUCH SYSTEM.  SUCH IMPACT ASSESSMENTS SHALL INCLUDE:
   (A)  A  DESCRIPTION OF THE OBJECTIVES OF THE AUTOMATED DECISION-MAKING
 SYSTEM;
   (B) AN EVALUATION OF THE  ABILITY  OF  THE  AUTOMATED  DECISION-MAKING
 SYSTEM TO ACHIEVE ITS STATED OBJECTIVES;
   (C)  A DESCRIPTION AND EVALUATION OF THE OBJECTIVES AND DEVELOPMENT OF
 THE AUTOMATED DECISION-MAKING INCLUDING:
   (I) A SUMMARY OF THE UNDERLYING ALGORITHMS, COMPUTATIONAL  MODES,  AND
 ARTIFICIAL  INTELLIGENCE  TOOLS THAT ARE USED WITHIN THE AUTOMATED DECI-
 SION-MAKING SYSTEM; AND
   (II) THE DESIGN AND TRAINING DATA USED TO DEVELOP THE AUTOMATED  DECI-
 SION-MAKING SYSTEM PROCESS;
   (D) TESTING FOR:
   (I)  ACCURACY, FAIRNESS, BIAS AND DISCRIMINATION, AND AN ASSESSMENT OF
 WHETHER THE USE OF THE AUTOMATED DECISION-MAKING SYSTEM PRODUCES DISCRI-
 MINATORY RESULTS ON THE BASIS OF A CONSUMER'S OR A CLASS  OF  CONSUMERS'
 ACTUAL  OR  PERCEIVED RACE, COLOR, ETHNICITY, RELIGION, NATIONAL ORIGIN,
 SEX, GENDER, GENDER IDENTITY, SEXUAL ORIENTATION, FAMILIAL STATUS, BIOM-
 ETRIC INFORMATION, LAWFUL SOURCE OF INCOME, OR DISABILITY  AND  OUTLINES
 MITIGATIONS  FOR  ANY  IDENTIFIED  PERFORMANCE  DIFFERENCES  IN OUTCOMES
 ACROSS RELEVANT GROUPS IMPACTED BY SUCH USE;
   (II) ANY CYBERSECURITY VULNERABILITIES  AND  PRIVACY  RISKS  RESULTING
 FROM THE DEPLOYMENT AND USE OF THE AUTOMATED DECISION-MAKING SYSTEM, AND
 THE DEVELOPMENT OR EXISTENCE OF SAFEGUARDS TO MITIGATE THE RISKS;
   (III)  ANY PUBLIC HEALTH OR SAFETY RISKS RESULTING FROM THE DEPLOYMENT
 AND USE OF THE AUTOMATED DECISION-MAKING SYSTEM;
   (IV) ANY REASONABLY FORESEEABLE MISUSE OF THE AUTOMATED  DECISION-MAK-
 ING  SYSTEM  AND THE DEVELOPMENT OR EXISTENCE OF SAFEGUARDS AGAINST SUCH
 MISUSE;
   (E) THE EXTENT TO WHICH THE DEPLOYMENT AND USE OF THE AUTOMATED  DECI-
 SION-MAKING  SYSTEM  REQUIRES  INPUT OF SENSITIVE AND PERSONAL DATA, HOW
 THAT DATA IS USED AND STORED, AND ANY CONTROL USERS MAY HAVE OVER  THEIR
 DATA; AND
   (F) THE NOTIFICATION MECHANISM OR PROCEDURE, IF ANY, BY WHICH INDIVID-
 UALS IMPACTED BY THE UTILIZATION OF THE AUTOMATED DECISION-MAKING SYSTEM
 MAY  BE NOTIFIED OF THE USE OF SUCH AUTOMATED DECISION-MAKING SYSTEM AND
 OF THE INDIVIDUAL'S PERSONAL DATA, AND  INFORMED  OF  THEIR  RIGHTS  AND
 OPTIONS RELATING TO SUCH USE.
   2. NOTWITHSTANDING THE PROVISIONS OF THIS ARTICLE OR ANY OTHER LAW, IF
 AN  IMPACT  ASSESSMENT  FINDS  THAT THE AUTOMATED DECISION-MAKING SYSTEM
 PRODUCES DISCRIMINATORY OR BIASED OUTCOMES, THE GOVERNMENT AGENCY  SHALL
 CEASE  ANY UTILIZATION, APPLICATION, OR FUNCTION OF SUCH AUTOMATED DECI-
 SION-MAKING SYSTEM, AND OF ANY INFORMATION PRODUCED USING SUCH SYSTEM.
   § 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 SYSTEM THAT IS  THE  SUBJECT  OF SUCH ASSESSMENT.
   2. (A) THE IMPACT ASSESSMENT OF AN  AUTOMATED  DECISION-MAKING  SYSTEM
 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
 S. 7599                             4
 
 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
 SYSTEM THAT INCLUDES TECHNOLOGY THAT IS USED TO PREVENT, DETECT, PROTECT
 AGAINST OR RESPOND  TO   SECURITY   INCIDENTS,   IDENTITY THEFT,  FRAUD,
 HARASSMENT, MALICIOUS OR DECEPTIVE ACTIVITIES OR OTHER ILLEGAL ACTIVITY,
 PRESERVE  THE INTEGRITY  OR  SECURITY  OF SYSTEMS,  OR  TO  INVESTIGATE,
 REPORT OR PROSECUTE THOSE RESPONSIBLE FOR ANY SUCH MALICIOUS  OR  DECEP-
 TIVE  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. Disclosure of existing  automated  decision-making  systems.  Any
 government  agency,  that  directly or indirectly, utilizes an automated
 decision-making system, as defined in section 501 of the state technolo-
 gy law, shall submit to the legislature a disclosure on the use of  such
 system, no later than one year after the effective date of this section.
 Such disclosure shall include:
   (a)  a description of the automated decision-making system utilized by
 such agency;
   (b) a list of any software vendors related  to  such  automated  deci-
 sion-making system;
   (c) the date that the use of such system began;
   (d)  a  summary  of  the  purpose  and use of such system, including a
 description  of  human  decision-making  and  discretion  supported   or
 replaced by the automated decision-making system;
   (e)  whether  any impact assessments for the automated decision-making
 system were conducted and the dates and summaries of the results of such
 assessments where applicable; and
   (f) any other information deemed relevant by the agency.
   § 3. 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
 ________________________________________________________________________
 
                                  7599--A
     Cal. No. 1510
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2025
                                ___________
 
 Introduced  by  Sens.  GONZALEZ,  LIU, SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the Committee on Internet
   and Technology -- reported favorably from said committee,  ordered  to
   first  report, amended on first report, ordered to a second report and
   ordered reprinted, retaining its place in the order of second report
 
 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.
                                                            LBD11535-11-5
              

 S. 7599--A                          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
 S. 7599--A                          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
 S. 7599--A                          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.
 S. 7599--A                          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
 S. 7599--A                          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
 S. 7599--A                          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
 ________________________________________________________________________
 
                                  7599--B
     Cal. No. 1510
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2025
                                ___________
 
 Introduced  by  Sens.  GONZALEZ,  LIU, SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the Committee on Internet
   and Technology -- reported favorably from said committee,  ordered  to
   first  report, amended on first report, ordered to a second report and
   ordered reprinted, retaining its place in the order of  second  report
   --  again  amended  and  ordered reprinted, retaining its place in the
   order of second report
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11535-15-5
 S. 7599--B                          2
 
 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:
   (I) A SUMMARY OF THE UNDERLYING ALGORITHMS, COMPUTATIONAL  MODES,  AND
 ARTIFICIAL  INTELLIGENCE  TOOLS THAT ARE USED WITHIN THE AUTOMATED DECI-
 SION-MAKING TOOL; AND
 S. 7599--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
 S. 7599--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.
 S. 7599--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
 S. 7599--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
 S. 7599--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.