Establishes the position of chief artificial intelligence officer and such person's functions, powers and duties; including, but not limited to, developing statewide artificial intelligence policies and governance, coordinating the activities of any and all state departments, boards, commissions, agencies and authorities performing any functions using artificial intelligence tools; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
1205
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. SOLAGES, REYES -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the state technology law, in relation to establishing
the position of chief artificial intelligence officer and the func-
tions, powers and duties therefor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 101 of the state technology law is amended by
2 adding two new subdivisions 7 and 8 to read as follows:
3 7. "Artificial intelligence" or "AI" shall mean: (a) a machine-based
4 system that operates with varying levels of autonomy and that may exhib-
5 it adaptiveness after deployment and that, for explicit or implicit
6 objectives, infers, from the input the system receives, how to generate
7 outputs such as predictions, content, recommendations, or decisions that
8 may influence physical or virtual environments. This includes, but is
9 not limited to, systems, applications, software, or devices designed to:
10 (i) Sense, interpret, process, analyze, or otherwise comprehend data,
11 text, speech, voice, images, video, sensor inputs, or other forms of
12 information from physical and virtual environments.
13 (ii) Abstract concepts, detect patterns, extract features, develop
14 explanatory and predictive data models, or otherwise derive higher-order
15 insights through analysis of data and information.
16 (iii) Apply reasoning, decision logic, knowledge representation,
17 prediction models, data model inferences, or other structured and
18 unstructured techniques and capabilities to generate options, recommen-
19 dations, forecasts, determinations, conclusions, actions, or other
20 outputs that influence physical or virtual environments, systems, appli-
21 cations, devices, or decision-making.
22 (iv) Operate autonomously once deployed, regardless of whether
23 designed to allow human monitoring, oversight, intervention, or over-
24 ride.
25 (b) This definition shall not include any software used primarily for
26 basic computerized processes, such as calculators, spell check tools,
27 autocorrect functions, spreadsheets, electronic communications, or any
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01083-01-5
A. 1205 2
1 tool that relates only to internal management affairs such as ordering
2 office supplies or processing payments, and that do not materially
3 affect the rights, liberties, safety or welfare of any human.
4 8. "Automated decision-making system" shall mean any software that
5 uses algorithms, computational models, or artificial intelligence, or a
6 combination thereof, to automate, support, or replace human decision-
7 making and shall include, without limitation, systems that process data,
8 and apply predefined rules or machine learning algorithms to analyze
9 such data, and generate conclusions, recommendations, outcomes, assump-
10 tions, projections, or predictions. "Automated decision-making system"
11 shall not include any software used primarily for basic computerized
12 processes, such as calculators, spell check tools, autocorrect func-
13 tions, spreadsheets, electronic communications, or any tool that relates
14 only to internal management affairs such as ordering office supplies or
15 processing payments, and that do not materially affect the rights,
16 liberties, safety or welfare of any human.
17 § 2. The state technology law is amended by adding a new section 102-a
18 to read as follows:
19 § 102-a. Chief artificial intelligence officer; functions, powers and
20 duties. 1. There is hereby established the office of artificial intelli-
21 gence within the office. The head of such office shall be the chief
22 artificial intelligence officer and shall be appointed by the governor
23 with the advice and consent of the senate. The chief artificial intelli-
24 gence officer shall be in sole charge of the administration of the
25 office, and shall report to the executive department. The chief artifi-
26 cial intelligence officer shall be designated as management confidential
27 in the noncompetitive class in accordance with the civil service law.
28 The chief artificial intelligence officer shall have expertise in arti-
29 ficial intelligence, data privacy, and the technology industry.
30 2. The office of artificial intelligence shall have the following
31 functions, powers and duties:
32 (a) Develop statewide artificial intelligence policies and governance,
33 including but not limited to:
34 (i) Developing and updating state policy and guidelines on the use,
35 procurement, development, and deployment of artificial intelligence and
36 automated decision-making systems in a manner consistent with state
37 laws;
38 (ii) Developing and updating a handbook regarding the use, study,
39 development, evaluation, and procurement of systems that use artificial
40 intelligence, in a manner consistent with state and federal laws, and
41 national and international standards for use by the state's departments,
42 boards, commissions, agencies and authorities;
43 (iii) Developing a risk management plan, including procedures for
44 assessing and classifying risk levels, including, but not limited to,
45 pertaining to the operations of the state, data security and privacy,
46 and the rights, liberties, safety and welfare of any human for use of
47 artificial intelligence and automated decision-making systems by the
48 state's departments, boards, commissions, agencies and authorities; and
49 (iv) Setting governance standards for human oversight of artificial
50 intelligence and automated systems, and determining resource require-
51 ments for responsible adoption, including, but not limited to developing
52 and deploying employee training programs for safe and responsible use of
53 artificial intelligence; and
54 (v) Ensuring public access requirements are established for the publi-
55 cation of information related to each state agency use of automated
56 decision-making systems and artificial intelligence;
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1 (b) Coordinate the activities of any and all state departments,
2 boards, commissions, agencies and authorities performing any functions
3 using artificial intelligence tools;
4 (c) Coordinate and track state department, board, commission, agency
5 and authority procurement and planning in state programs;
6 (d) Investigate and assess what resources, monetary or otherwise, if
7 any, a department, board, commission, authority or agency requires to
8 adapt to the changes that artificial intelligence will bring to the
9 regulatory landscape and to adequately adopt and oversee the use of
10 artificial intelligence across its operations;
11 (e) Provide guidance to governmental entities in developing, designing
12 and deploying standards, mission, regulations, investments, practices,
13 systems pertaining to the use of artificial intelligence tools and auto-
14 mated decision-making systems, in a manner that protects the rights and
15 safety of individuals, including but not limited to employee training,
16 protecting privacy and data security, safeguarding against discrimi-
17 nation based on race, gender, ethnicity, religion, disability, sexual
18 orientation, or socioeconomic status, mitigating risks of misinformation
19 and manipulation, and impact on the human workforce;
20 (f) Recommend the replacement, disconnection or deactivation of any
21 application that utilizes artificial intelligence or any automated deci-
22 sion-making system and that demonstrates that deployment and use is
23 inconsistent with provisions of law or is otherwise harmful to the oper-
24 ations of the state, data security and privacy, or the rights, liber-
25 ties, safety, and welfare of any human;
26 (g) Study the implications of the usage of artificial intelligence for
27 data collection to inform testing and evaluation, verification and vali-
28 dation of artificial intelligence to ensure that artificial intelligence
29 will perform as intended, including when interacting with humans and
30 other systems, develop common metrics to assess trustworthiness that
31 artificial intelligence systems will perform as intended, and minimize
32 performance problems and unanticipated outcomes, protect against risks
33 to data security and privacy, and address the possibility of intentional
34 misuse of an artificial intelligence system;
35 (h) Submit a report annually to the temporary president of the senate
36 and the speaker of the assembly on progress, findings, studies and
37 recommendations regarding the use of artificial intelligence and auto-
38 mated decision-making systems in the various government agencies. Such
39 report shall also be made publicly available on the office of informa-
40 tion technology website. Where the chief artificial intelligence officer
41 makes a determination that such disclosure would result in a substantial
42 negative impact on health or safety of the public, infringe upon the
43 privacy rights of individuals, or significantly impair the state's abil-
44 ity to protect its information technology or operational assets, the
45 officer may redact such information, provided an explanatory statement
46 by which such determination was made is published along with the redact-
47 ed report. The provisions of this subdivision shall not be deemed to
48 require or authorize the disclosure of confidential information or trade
49 secrets; and
50 (i) Investigate and conduct periodic audits of any department's,
51 board's, commission's, agency's or authority's use of artificial intel-
52 ligence tools or automated decision-making systems to ensure:
53 (i) departments, boards, commissions, agencies and authorities devel-
54 op, acquire and use such tools or systems that comply with the constitu-
55 tion, state and federal laws;
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1 (ii) ensure that any benefit a department, board, commission, agency
2 or authority receives by using such tools or systems outweighs any risk
3 in using that automated system;
4 (iii) ensure that each such tool or system is secure, protected and
5 resistant to circumstances in which that automated system faces any
6 systematic vulnerability, manipulation or malicious exploitation; and
7 (iv) nothing in this section shall be construed as restricting the
8 artificial intelligence officer's or any state department's, board's,
9 commission's, authority's or agency's access to:
10 (1) conduct any internal investigation aimed at developing, improving
11 or repairing any product, service or technology,
12 (2) prevent, detect, protect, respond, investigate, report to any
13 person responsible for any security incident, identity theft, fraud,
14 harassment, malicious or misleading activity or illegal activity, or
15 (3) preserve the integrity or security of any system.
16 3. To effectuate the purposes of this section, the chief artificial
17 intelligence officer may request and receive from any department, divi-
18 sion, board, bureau, commission or other agency of the state or any
19 political subdivision thereof or any public authority, staff and other
20 assistance, information, and resources as will enable the office of
21 artificial intelligence to properly carry out its functions, powers and
22 duties.
23 § 3. The state technology law is amended by adding a new section 104-a
24 to read as follows:
25 § 104-a. Advisory committee for state artificial intelligence policy.
26 1. There is hereby created in the division of broadband access an advi-
27 sory committee for state artificial intelligence policy. The chief arti-
28 ficial intelligence officer shall serve as chair of the committee. The
29 committee shall be composed of a minimum of seven representatives or
30 their equivalent selected from state agencies and appointed by the
31 governor, provided that no more than one member shall be appointed from
32 a single agency, and provided further that the director shall serve as
33 an ex-officio member of the committee. In addition, one member shall be
34 appointed by the speaker of the assembly, one by the temporary president
35 of the senate, and two members to be appointed by the governor at the
36 recommendation of the two largest organizations in the state represent-
37 ing municipal leadership.
38 2. All members of the advisory committee shall serve at the pleasure
39 of their appointing authority. The members of the committee shall
40 receive no compensation for their services, but shall be allowed their
41 actual and necessary expenses incurred in the performance of their
42 duties.
43 3. No member of the advisory committee shall be disqualified from
44 holding any other public office, nor forfeit any such office by reason
45 of appointment hereunder, notwithstanding the provisions of any general,
46 special or local law, ordinance or city charter, provided however that
47 members appointed by the governor, speaker of the assembly, or temporary
48 president of the senate shall be considered state officers and subject
49 to the provisions of paragraph (a) of subdivision eight of section
50 seventy-three of the public officers law.
51 4. The advisory committee shall, at minimum, meet twice in each calen-
52 dar year, provided that additional meetings of the advisory committee
53 may be called by the chairperson at any time.
54 5. The advisory committee shall:
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1 (a) Advise the chief artificial intelligence officer on best practices
2 for the use of artificial intelligence and automated decision-making
3 systems in agencies;
4 (b) Advise the chief artificial intelligence officer on state policy
5 for artificial intelligence and automated decision-making systems;
6 (c) Advise the chief artificial intelligence officer on the current
7 state of the state in relation to competitiveness in artificial intelli-
8 gence, including the scope and scale of New York's investments in arti-
9 ficial intelligence research and development;
10 (d) Advise the chief artificial intelligence officer on improving the
11 workforce, including use in training, education and worker assistance in
12 relation to the use of artificial intelligence;
13 (e) Advise the chief artificial intelligence officer on leveraging
14 local resources to optimize and improve operations in various areas of
15 government operations, including but not limited to medical services,
16 cyber security, infrastructure, and recovery from natural disasters;
17 (f) Advise the chief artificial intelligence officer on opportunities
18 for local, regional, interstate, federal, and international cooperation
19 in artificial intelligence research activities, standards development
20 and regulations;
21 (g) Advise the chief artificial intelligence officer on strategies to
22 prevent and mitigate artificial intelligence-assisted misinformation
23 campaigns and the potentially harmful effects of artificial intelli-
24 gence;
25 (h) Advise the chief artificial intelligence officer on how the state
26 can leverage the substantial and growing expertise of the emerging tech-
27 nologies, such as artificial intelligence, in the long-term development
28 of public policies that affect the privacy, rights, and the use of arti-
29 ficial intelligence online;
30 (i) Advise the chief artificial intelligence officer on strategies for
31 the development of inter-governmental cooperation among agencies of the
32 federal, state, and local governments and cooperation; and
33 (j) Make periodic recommendations to the legislature on legislative or
34 regulatory changes.
35 § 4. Subdivisions 2 and 3 of section 102 of the state technology law,
36 as added by chapter 430 of the laws of 1997 and as renumbered by chapter
37 437 of the laws of 2004, are amended to read as follows:
38 2. The head of the office shall be the director of the office, who
39 shall serve as the chief technology officer for the state of New York
40 and shall be designated as management confidential in the noncompetitive
41 class in accordance with the civil service law. The director shall be
42 the chief executive officer of and in sole charge of the administration
43 of the office, with exception to the office established pursuant to
44 section one hundred two-a of this article and the committee established
45 pursuant to section one hundred four-a of this article. The director
46 shall be entitled to receive reimbursement for expenses actually and
47 necessarily incurred by [him or her] such director in the performance of
48 [his or her] such director's duties.
49 3. The director may, from time to time, create, abolish, transfer and
50 consolidate bureaus and other units within the office not expressly
51 established by law as [he or she] such director may determine necessary
52 for the efficient operation of the office, subject to the approval of
53 the director of the budget, with exception to the office established
54 pursuant to section one hundred two-a of this article and the committee
55 established pursuant to section one hundred four-a of this article.
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1 § 5. This act shall take effect on the ninetieth day after it shall
2 have become a law.
