S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5309
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. Section 165 of the state finance law is amended by adding a
 new subdivision 9 to read as follows:
   9. ALGORITHMIC DECISION SYSTEM PURCHASE.  A. AS USED IN THIS  SUBDIVI-
 SION:
   (I)  "ALGORITHMIC  DECISION  SYSTEM"  MEANS  A  COMPUTATIONAL PROCESS,
 INCLUDING ONE DERIVED FROM MACHINE LEARNING, STATISTICS, OR  OTHER  DATA
 PROCESSING OR ARTIFICIAL INTELLIGENCE TECHNIQUES, THAT MAKES A DECISION,
 OR  FACILITATES HUMAN DECISION MAKING, IN A MANNER THAT IMPACTS INDIVID-
 UALS; AND
   (II) "STATE UNIT" MEANS THE STATE AND ANY GOVERNMENTAL AGENCY OR POLI-
 TICAL SUBDIVISION OR PUBLIC BENEFIT CORPORATION OF THE STATE.
   B. WHEN PURCHASING A PRODUCT OR SERVICE THAT IS OR CONTAINS  AN  ALGO-
 RITHMIC  DECISION  SYSTEM  TO  BE  USED BY THE STATE, A STATE UNIT SHALL
 PURCHASE A PRODUCT OR SERVICE THAT  ADHERES  TO  RESPONSIBLE  ARTIFICIAL
 INTELLIGENCE STANDARDS, INCLUDING:
   (I) THE AVOIDANCE OF HARM, INCLUDING THE MINIMIZATION OF:
   (A) RISKS OF PHYSICAL OR MENTAL INJURY;
   (B) THE UNJUSTIFIED DELETION OR DISCLOSURE OF INFORMATION; AND
   (C) THE UNWARRANTED DAMAGE TO PROPERTY, REPUTATION, OR ENVIRONMENT;
   (II)  A  COMMITMENT  TO TRANSPARENCY, INCLUDING THE FULL DISCLOSURE TO
 THE STATE UNIT ANY ALGORITHMIC DECISION SYSTEM:
   (A) CAPABILITIES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07990-01-3
              

 A. 5309                             2
 
   (B) LIMITATIONS; AND
   (C) POTENTIAL PROBLEMS;
   (III) GIVING PRIMACY TO FAIRNESS, INCLUDING BY TAKING ACTIONS TO:
   (A) ELIMINATE DISCRIMINATION;
   (B)  INCLUDE  EQUALITY,  TOLERANCE, RESPECT FOR OTHERS, AND JUSTICE AS
 ALGORITHMIC DECISION SYSTEM GOALS; AND
   (C) PROVIDE AN AVENUE FOR FEEDBACK TO REDRESS HARMS; AND
   (IV) A COMPREHENSIVE AND THOROUGH EVALUATION AND ANALYSIS OF THE ALGO-
 RITHMIC DECISION SYSTEM'S IMPACT AND POTENTIAL RISKS.
   C. THE COMMISSIONER OF TAXATION AND FINANCE SHALL ADOPT REGULATIONS TO
 CARRY OUT THIS SUBDIVISION.
   § 2. Subdivision 4 of section 292 of the executive law, as amended  by
 section  2 of subpart F of part KK of chapter 57 of the laws of 2018, is
 amended to read as follows:
   4. The term "unlawful discriminatory practice":
   (A) includes only those practices specified in  sections  two  hundred
 ninety-six,  two  hundred ninety-six-a, two hundred ninety-six-c and two
 hundred ninety-six-d of this article; AND
   (B) INCLUDES AN ACT PROHIBITED UNDER PARAGRAPH (A) OF THIS SUBDIVISION
 THAT IS PERFORMED THROUGH AN ALGORITHMIC  DECISION  SYSTEM,  AS  DEFINED
 UNDER  SUBDIVISION  NINE  OF SECTION ONE HUNDRED SIXTY-FIVE OF THE STATE
 FINANCE LAW.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall have become a law.