Add Art 5 §§501 - 504, §103-f, St Tech L; amd §§2510, 2585, 2588 & 3013, add §115, Ed L; amd §80, Civ Serv L
Regulates automated decision-making by government agencies; requires agencies to conduct impact assessments; requires disclosure of automated decision-making tools utilized by governmental agencies.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8295D
SPONSOR: Otis TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require that automated decision-making systems used by
state agencies and other state and local government entities follow
disclosure of automated employment decision-making tools and maintain an
artificial intelligence inventory similar to the rules already required
for state agency employment decision-making tools.
SUMMARY OF PROVISIONS:
Section 1. Adds a new article 5 to the technology law. Section 501
provides definitions. Section 502 requires disclosure of automated deci-
sion-making tools by government agencies. 503 requires state agencies to
regularly conduct impact assessments. Section 504 requires submission to
the governor and legislature of the impact assessments created under
Section 503.
Section 2. Amends the state technology law by adding a new section 103-f
related to the automated decision-making tool inventory.
Section 3. Disclosure of existing automated decision-making tools to the
legislature.
Section 4. Ensures the use of artificial intelligence systems or auto-
mated decision-making tools shall not 1) affect the existing rights of
employees under collective bargaining agreements or the relationships
between employers and employee organizations, 2) result in the
discharge, displacement, loss of position, change in duties or function,
wages, or compensation of employees or 3)alter the rights, benefits or
privileges pursuant to civil service status or collective bargaining
agreements in city school districts with less than 125,000 inhabitants.
Section 5. Ensures the use of artificial intelligence systems or auto-
mated decision-making tools shall not 1) affect the existing rights of
employees under collective bargaining agreements or the relationships
between employers and employee organizations, 2) result in the
discharge, displacement, loss of position, change in duties or function,
wages, or compensation of employees or 3)alter the rights, benefits or
privileges pursuant to civil service status or collective bargaining
agreements in city school districts with more than 125,000 inhabitants.
Section 6. Ensures the use of artificial intelligence systems or auto-
mated decision-making tools shall not 1) affect the existing rights of
employees under collective bargaining agreements or the relationships
between employers and employee organizations, 2) result in the
discharge, displacement, loss of position, change in duties or function,
wages, or compensation of employees or 3)alter the rights, benefits or
privileges pursuant to civil service status or collective bargaining
agreements in New York City school districts.
Sections 7 and 8. Ensures the use of artificial intelligence systems or
automated decision-making tools shall not 1) affect the existing rights
of employees under collective bargaining agreements or the relationships
between employers and employee organizations, 2) result in the
discharge, displacement, loss of position, change in duties or function,
wages, or compensation of employees or 3)alter the rights, benefits or
privileges pursuant to civil service status or collective bargaining
agreements applicable to teachers in school districts statewide.
Section 9. Ensures the use of artificial intelligence systems or auto-
mated decision-making tools shall not 1) affect the existing rights of
employees under collective bargaining agreements or the relationships
between employers and employee organizations, 2) result in the
discharge, displacement, loss of position, change in duties or function,
wages, or compensation of employees or 3)alter the rights, benefits or
privileges pursuant to civil service status or collective bargaining
agreements applicable to civil service employees.
Section 10 is the effective date.
JUSTIFICATION:
In 2025, artificial intelligence is already an unavoidable aspect of
everyday life. Its uses range from seemingly innocuous to deeply troubl-
ing. Al is automating historically human-conducted decision-making tasks
and functions to boost productivity. In the public sector context, two
examples of real-world use cases are for benefits eligibility and fraud
detection. However, these systems come with significant risks to securi-
ty and privacy, unknown malfunctions, and the demonstrated potential for
discrimination to occur due to biases in their development and opera-
tion.
Critical to responsible Al is the existence of clear standards around
the use of Al systems. This legislation tracks the protocols already
adopted for the NYS Office of Information Technology related to employ-
ment for all government use of automated decision-making systems for
disclosure, maintaining an inventory„ and providing guidance to agen-
cies. (Chapter 674 of the Laws of 2024 and Chapter 96 of the Laws of
2025) This legislation places clear and reasonable safeguards around the
use of these technologies by state agencies and government entities and
requires the creation and dissemination of impact assessments. The
legislation includes a requirement that existing automated decision-mak-
ing systems in use by a government entity must be disclosed to the
legislature.
The importance of these protocols has been underscored by reports of the
New York State Office of the State Comptroller related to review of NYS
and NYC agencies.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately, provided that section one of the
act shall take effect one year after it shall have become a law.
