Bill Text: NY S07543 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Engrossed) 2024-06-06 - returned to senate [S07543 Detail]

Download: New_York-2023-S07543-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7543

                               2023-2024 Regular Sessions

                    IN SENATE

                                      June 5, 2023
                                       ___________

        Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

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

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short title.  This act shall be known and may be cited as
     2  the "legislative oversight of automated  decision-making  in  government
     3  act (LOADinG Act)".
     4    §  2. The state technology law is amended by adding a new article 4 to
     5  read as follows:
     6                                  ARTICLE IV
     7                AUTOMATED DECISION-MAKING IN STATE GOVERNMENT
     8  Section 401. Definitions.
     9          402. Use of automated decision-making by agencies.
    10          403. Impact assessments.
    11  § 401. Definitions. For the purpose of this article:
    12    1. "Automated decision-making" shall  mean  automated  or  algorithmic
    13  decision-making,  using  algorithms, computational models, or artificial
    14  intelligence techniques to aid or replace human decision-making.   Auto-
    15  mated  decision-making shall include, without limitation, any processing
    16  of data and application of predefined rules or  machine  learning  algo-
    17  rithms  to  analyze such data and generate conclusions, recommendations,
    18  outcomes, assumptions, or predictions used to  make  decisions  with  or
    19  without meaningful human review and discretion.
    20    2.  "State agency" shall mean any department, public authority, board,
    21  bureau, commission, division, office, council, committee or  officer  of
    22  the state. Such terms shall not include the legislature or judiciary.
    23    §  402.  Use  of  automated  decision-making by agencies. 1. Any state
    24  agency, or any entity acting on behalf of such agency, shall be  prohib-
    25  ited  from,  directly or indirectly, utilizing or applying any automated

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11734-02-3
        S. 7543                             2

     1  decision-making in performing any function that: (a) is related  to  the
     2  delivery  of  any public service; (b) will have a material impact on the
     3  provision of public services; or (c) affects any statutorily or  consti-
     4  tutionally  provided  right of an individual, unless such utilization or
     5  application is specifically authorized in law.
     6    2. No state agency shall authorize any procurement, purchase or acqui-
     7  sition of any service or system  utilizing,  or  relying  on,  automated
     8  decision-making  prohibited  in  subdivision one of this section, except
     9  where the use of such system is specifically authorized in law.
    10    § 403. Impact assessments. 1. Notwithstanding section four hundred two
    11  of this article, no agency shall utilize or apply  any  automated  deci-
    12  sion-making  unless  the  agency,  or an entity acting on behalf of such
    13  agency, shall have conducted an impact assessment  for  the  application
    14  and use of such decision-making. Such impact assessment shall include:
    15    (a)  description  and  evaluation of the objectives and development of
    16  the automated decision-making including the  design  and  training  data
    17  used to develop the automated decision-making process; and
    18    (b)  testing  for  accuracy, fairness, bias and discrimination, and an
    19  assessment whether the use of automated decision-making produces discri-
    20  minatory results on the basis of a consumer's  or  class  of  consumers'
    21  actual  or  perceived race, color, ethnicity, religion, national origin,
    22  sex, gender, gender identity, sexual orientation, familial status, biom-
    23  etric information, lawful source of income, or disability  and  outlines
    24  mitigations  for  any identified performance differences across relevant
    25  groups impacted by such use.   Notwithstanding the  provisions  of  this
    26  article  or  any  other  law, if the assessment finds that the automated
    27  decision-making system produces discriminatory or biased  outcomes,  the
    28  state  agency  shall be prohibited from utilizing or applying such auto-
    29  mated decision-making system.
    30    2. Any impact assessment done pursuant  to  subdivision  one  of  this
    31  section  shall  be submitted to the governor, the temporary president of
    32  the senate, and the speaker of the assembly at least thirty  days  prior
    33  to any use or implementation, other than for testing, of automated deci-
    34  sion-making  that  is  the subject of such assessment, and shall be made
    35  publicly available on the website of the relevant agency.
    36    § 3. This act shall take effect on the thirtieth day  after  it  shall
    37  have become a law.