Bill Text: NY A05309 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires state units to purchase a product or service that is or contains an algorithmic decision system that adheres to responsible artificial intelligence standards; specifies content included in responsible artificial intelligence standards; requires the commissioner of taxation and finance to adopt certain regulations; alters the definition of unlawful discriminatory practice to include acts performed through algorithmic decision systems.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A05309 Detail]

Download: New_York-2023-A05309-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5309

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 7, 2023
                                       ___________

        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Governmental Operations

        AN ACT to amend the state finance law, in relation to  the  purchase  of
          products  that  are  or  contain  an  algorithmic decision system that
          adheres to responsible artificial intelligence standards; and to amend
          the executive law, in relation to the definition of "unlawful  discri-
          minatory practice"

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

     1    Section 1. Section 165 of the state finance law is amended by adding a
     2  new subdivision 9 to read as follows:
     3    9. Algorithmic decision system purchase.  a. As used in this  subdivi-
     4  sion:
     5    (i)  "algorithmic  decision  system"  means  a  computational process,
     6  including one derived from machine learning, statistics, or  other  data
     7  processing or artificial intelligence techniques, that makes a decision,
     8  or  facilitates human decision making, in a manner that impacts individ-
     9  uals; and
    10    (ii) "state unit" means the state and any governmental agency or poli-
    11  tical subdivision or public benefit corporation of the state.
    12    b. When purchasing a product or service that is or contains  an  algo-
    13  rithmic  decision  system  to  be  used by the state, a state unit shall
    14  purchase a product or service that  adheres  to  responsible  artificial
    15  intelligence standards, including:
    16    (i) the avoidance of harm, including the minimization of:
    17    (A) risks of physical or mental injury;
    18    (B) the unjustified deletion or disclosure of information; and
    19    (C) the unwarranted damage to property, reputation, or environment;
    20    (ii)  a  commitment  to transparency, including the full disclosure to
    21  the state unit any algorithmic decision system:
    22    (A) capabilities;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07990-01-3
        A. 5309                             2

     1    (B) limitations; and
     2    (C) potential problems;
     3    (iii) giving primacy to fairness, including by taking actions to:
     4    (A) eliminate discrimination;
     5    (B)  include  equality,  tolerance, respect for others, and justice as
     6  algorithmic decision system goals; and
     7    (C) provide an avenue for feedback to redress harms; and
     8    (iv) a comprehensive and thorough evaluation and analysis of the algo-
     9  rithmic decision system's impact and potential risks.
    10    c. The commissioner of taxation and finance shall adopt regulations to
    11  carry out this subdivision.
    12    § 2. Subdivision 4 of section 292 of the executive law, as amended  by
    13  section  2 of subpart F of part KK of chapter 57 of the laws of 2018, is
    14  amended to read as follows:
    15    4. The term "unlawful discriminatory practice":
    16    (a) includes only those practices specified in  sections  two  hundred
    17  ninety-six,  two  hundred ninety-six-a, two hundred ninety-six-c and two
    18  hundred ninety-six-d of this article; and
    19    (b) includes an act prohibited under paragraph (a) of this subdivision
    20  that is performed through an algorithmic  decision  system,  as  defined
    21  under  subdivision  nine  of section one hundred sixty-five of the state
    22  finance law.
    23    § 3. This act shall take effect on the first of January next  succeed-
    24  ing the date upon which it shall have become a law.