NY State Senate Bill 2023-S7112

Current Bill Status - In Senate Committee Internet And Technology Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to internet and technology
May 18, 2023	referred to internet and technology

2023-S7112 (ACTIVE) - Details

Current Committee:: Senate Internet And Technology
Law Section:: Executive Law
Laws Affected:: Add Art 49-C §§996-a & 996-b, Exec L

2023-S7112 (ACTIVE) - Summary

Creates the office of emerging technology; provides for its functions and duties; requires the office to submit a report to the governor and the legislature.

2023-S7112 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7112

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the executive law, in relation to creating the office of
emerging technology and providing for its functions and duties

 
PURPOSE:

To create an Office of Emerging Technology and provide for its functions
and duties

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the executive law by adding a new article 49-C, creat-
ing the office of emerging technology within the executive department,
establishing the contents of its governing board, and outlining the
functions, powers, and duties of the office. The office is tasked with
identifying existing or probable impacts of emerging technologies,
possible alternatives, and legislative solutions for the regulation of
such technologies. Legislative committee chairs, state agency commis-

sioners, and the director of the office with majority approval of the
board may all initiate assessment activities.

Section 2 is the effective date.

 
JUSTIFICATION:

In the nearly thirty years since Congress dismantled the U.S. Office of
Technology Assessment, a federal agency that provided policymakers with
analysis of new technologies, the world has experienced an explosion of
emerging technologies. From smartphones and the internet to social media
and artificial intelligence, technological innovations have revolution-
ized entire industries and transformed Americans' daily lives---and
exposed a new host of threats to our civil liberties, privacy, and
national security.

If New York wants to prepare for and respond to new technologies, it
must understand them. This legislation would create an analog to the
defunded U.S. Office of Technology Assessment, an Office of Emerging
Technology, and task it with studying, analyzing, and reporting on the
potential consequences of novel advancements.

As a leader in technological development, New York state can lead the
country by establishing its own equivalent to the defunded federal agen-
cy: a new Office of Emerging Technology. This legislation would estab-
lish such a body and its governing leadership, imbue it with the author-
ity as the official state research and planning office for changes in
policy, practice, and allocation of state resources around emerging
technologies. The Office would be tasked with providing a comprehensive
framework of recommendations for policy and standards regarding: the
permissible and prohibited uses and purposes of technology; the poten-
tial benefits and harms of a technology; the minimum standards for accu-
racy emerging technologies must achieve to be authorized for use by the
state; protections for due process, privacy, free speech, and equity;
training requirements for use of technology by state personnel; possible
alternatives to a technology; and areas where additional research is
needed.
Legislative committee chairs, state agency commissioners, and the direc-
tor of the office with majority approval of the board may all initiate
assessment activities by the Office, which might enter into contracts
for such projects and which must issue to the government and publicize
annual reports summarizing its findings.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become law.

2023-S7112 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7112
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Internet and Technol-
   ogy
 
 AN ACT to amend the executive law, in relation to creating the office of
   emerging technology and providing for its functions and duties

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The executive law is amended by adding a new article 49-C
 to read as follows:
                               ARTICLE 49-C
                       OFFICE OF EMERGING TECHNOLOGY
 SECTION 996-A. OFFICE OF EMERGING TECHNOLOGY.
         996-B. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE.
   § 996-A. OFFICE OF EMERGING TECHNOLOGY.  1.  THE  OFFICE  OF  EMERGING
 TECHNOLOGY IS HEREBY CREATED WITHIN THE EXECUTIVE DEPARTMENT TO HAVE AND
 EXERCISE  THE FUNCTIONS, POWERS AND DUTIES PROVIDED BY THE PROVISIONS OF
 THIS ARTICLE AND ANY OTHER PROVISION OF LAW. FOR PURPOSES OF THIS  ARTI-
 CLE, "THE OFFICE" MEANS THE OFFICE OF EMERGING TECHNOLOGY.
   2. THE OFFICE SHALL BE GOVERNED BY A BOARD CONSISTING OF THE FOLLOWING
 THIRTEEN MEMBERS TO BE APPOINTED AS FOLLOWS FOR TWO YEAR TERMS:
   (A)  THE  DIRECTOR,  WHO  SHALL  BE APPOINTED BY THE GOVERNOR WITH THE
 CONSENT AND APPROVAL OF THE SENATE;
   (B) SIX MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE  SENATE,
 INCLUDING  THREE  FROM  THE  MAJORITY  PARTY AND THREE FROM THE MINORITY
 PARTY; AND
   (C) SIX MEMBERS APPOINTED BY THE SPEAKER OF  THE  ASSEMBLY,  INCLUDING
 THREE FROM THE MAJORITY PARTY AND THREE FROM THE MINORITY PARTY.
   3. EACH MEMBER SHALL HAVE EXPERTISE AND EXPERIENCE RELATED TO AT LEAST
 ONE OF THE FOLLOWING FIELDS, DISCIPLINES, OR AREAS:
   (A) THE USE AND FUNCTION OF BOTH EXISTING AND EMERGING TECHNOLOGY;
   (B) DATA PRIVACY AND DATA SECURITY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11502-01-3

 S. 7112                             2
 
   (C)  CIVIL  RIGHTS,  CIVIL  LIBERTIES,  AND DUE PROCESS AND PROCEDURAL
 RIGHTS; AND
   (D) LEGAL REPRESENTATION OF LOW-INCOME INDIVIDUALS.
   4.  THE  DIRECTOR SHALL NOT ACT IN ANY CAPACITY FOR, ANY ORGANIZATION,
 AGENCY, OR INSTITUTIONS WITH WHICH THE  OFFICE  MAKES  ANY  CONTRACT  OR
 OTHER ARRANGEMENT UNDER THIS ARTICLE.
   5.  THE  BOARD SHALL MEET AT LEAST FOUR TIMES EACH YEAR AND MAY ESTAB-
 LISH ITS OWN RULES AND PROCEDURES CONCERNING THE CONDUCT OF ITS MEETINGS
 AND OTHER AFFAIRS NOT INCONSISTENT WITH LAW.
   § 996-B. FUNCTIONS, POWERS AND DUTIES OF  THE  OFFICE.  1.  THE  BASIC
 FUNCTION  OF  THE  OFFICE SHALL BE TO ACT AS THE OFFICIAL STATE PLANNING
 AND COORDINATING OFFICE FOR CHANGES IN POLICY, PRACTICE  AND  ALLOCATION
 OF  STATE  RESOURCES  AROUND EMERGING TECHNOLOGIES, TO ADVISE AND ASSIST
 THE STATE AGENCIES IN DEVELOPING POLICIES,  PLANS  AND  PROGRAMS  AROUND
 EMERGING  TECHNOLOGIES,  AND  TO PROVIDE EARLY INDICATIONS OF BENEFICIAL
 AND ADVERSE IMPACTS OF THE APPLICATIONS OF EMERGING  TECHNOLOGY  AND  TO
 DEVELOP  AND COORDINATE INFORMATION WHICH MAY ASSIST THE LEGISLATURE AND
 THE STATE IN RESPONDING TO EMERGING TECHNOLOGIES. IN CARRYING  OUT  SUCH
 FUNCTION, THE OFFICE SHALL:
   (A)  IDENTIFY  EXISTING  OR PROBABLE IMPACTS OF EMERGING TECHNOLOGY OR
 TECHNOLOGICAL PROGRAMS.
   (B) WHERE POSSIBLE, ASCERTAIN CAUSE-AND-EFFECT  RELATIONSHIPS  OF  THE
 USE OF EMERGING TECHNOLOGIES.
   (C) IDENTIFY ALTERNATIVE TECHNOLOGICAL METHODS OF IMPLEMENTING SPECIF-
 IC PROGRAMS.
   (D) IDENTIFY ALTERNATIVE PROGRAMS FOR ACHIEVING REQUISITE GOALS.
   (E)  EXAMINE  CURRENT  AND PROPOSED LAWS, RULES, REGULATIONS, PROGRAMS
 AND POLICIES RELATING TO THE USE OF EMERGING TECHNOLOGIES.
   (F) EXAMINE CURRENTLY AVAILABLE  EMERGING  TECHNOLOGIES  AND  EVALUATE
 THEIR  EFFECTIVENESS,  EFFICACY  AND ACCURACY, PROVIDED THAT SUCH EVALU-
 ATION SHALL INCLUDE THE USE  OF  REPRESENTATIVE  DATASETS  ACCORDING  TO
 TARGETED   POPULATIONS,   AND   DISAGGREGATED  TESTING  FOR  DEMOGRAPHIC
 SUBGROUPS BY AGE, GENDER IDENTITY, AND RACE.
   (G) PROPOSE A COMPREHENSIVE FRAMEWORK OF  RECOMMENDATIONS  FOR  LEGIS-
 LATION,  REGULATIONS  AND  STANDARDS  REGARDING THE USE OF SUCH EMERGING
 TECHNOLOGIES, IF DEEMED APPROPRIATE INCLUDING BUT NOT LIMITED TO:
   (I) PERMISSIBLE USES AND PURPOSES FOR USE;
   (II) PROHIBITED USES AND PURPOSES FOR USE;
   (III) MINIMUM STANDARDS FOR ACCURACY THAT EMERGING  TECHNOLOGIES  MUST
 ACHIEVE  IN  ORDER  TO BE AUTHORIZED FOR USE BY THE STATE AND/OR PUBLIC,
 AND AUDITING REQUIREMENTS TO ENSURE COMPLIANCE WITH THOSE STANDARDS;
   (IV) STANDARDS FOR USE,  MANAGEMENT,  AND  PROTECTION  OF  INFORMATION
 DERIVED  FROM  THE USE OF EMERGING TECHNOLOGY, INCLUDING BUT NOT LIMITED
 TO DATA RETENTION, SHARING, ACCESS AND AUDIT TRAILS;
   (V) RIGOROUS PROTECTIONS FOR DUE PROCESS,  PRIVACY,  FREE  SPEECH  AND
 ASSOCIATION, AND RACIAL, GENDER, AND RELIGIOUS EQUITY;
   (VI)  TRAINING  REQUIREMENTS  FOR  STATE  PERSONNEL  AUTHORIZED TO USE
 EMERGING TECHNOLOGY;
   (VII) PROCEDURES TO ADDRESS INSTANCES IN WHICH A PERSON IS  WRONGFULLY
 HARMED  BASED  ON INACCURATE INFORMATION DERIVED FROM USE OF AN EMERGING
 TECHNOLOGY; AND
   (VIII) DISCLOSURE REQUIREMENTS FOR BROAD PUBLIC TRANSPARENCY  AS  WELL
 AS DISCOVERY PROCEDURES.
   (H) EVALUATE POTENTIAL BENEFITS AND HARMS OF THE USE OF EMERGING TECH-
 NOLOGIES,  TAKING  INTO  ACCOUNT  AND ANALYZING THE IMPACT OF THE USE OF
 SUCH SYSTEMS ON THE WORKFORCE, HUMAN SAFETY, INEQUALITY, GOVERNANCE, AND
 S. 7112                             3
 
 IMPACT ON MINORITIES, WOMEN, YOUNG PEOPLE, SENIORS, LESBIAN, GAY, BISEX-
 UAL, TRANSGENDER AND GENDER-NONCONFORMING  INDIVIDUALS  AND  INDIVIDUALS
 WITH DISABILITIES.
   (I) MAKE ESTIMATES AND COMPARISONS OF THE IMPACTS OF ALTERNATIVE METH-
 ODS AND PROGRAMS.
   (J) PRESENT FINDINGS OF COMPLETED ANALYSES TO THE APPROPRIATE LEGISLA-
 TIVE AUTHORITIES.
   (K)  IDENTIFY  AREAS  WHERE  ADDITIONAL RESEARCH OR DATA COLLECTION IS
 REQUIRED TO PROVIDE ADEQUATE SUPPORT FOR THE ASSESSMENTS  AND  ESTIMATES
 DESCRIBED IN THIS SECTION.
   2.  ASSESSMENT  ACTIVITIES  UNDERTAKEN  BY THE OFFICE MAY BE INITIATED
 UPON THE REQUEST OF:
   (A) THE DIRECTOR OF THE OFFICE WITH MAJORITY APPROVAL OF THE BOARD;
   (B) THE CHAIR OF ANY COMMITTEE OF EITHER HOUSE OF THE LEGISLATURE,  OR
 OF  ANY  COMMITTEE  OF  THE  LEGISLATURE,  ACTING FOR THEMSELF OR AT THE
 REQUEST OF THE RANKING MINORITY MEMBER OR A MAJORITY  OF  THE  COMMITTEE
 MEMBERS; OR
   (C) THE COMMISSIONER OF ANY STATE AGENCY.
   3.  THE  OFFICE IS AUTHORIZED TO HOLD PUBLIC HEARINGS AND MEETINGS AND
 TO CONSULT WITH ANY RELEVANT STAKEHOLDERS IT DEEMS APPROPRIATE OR NECES-
 SARY TO SEEK ASSISTANCE, DATA, OR OTHER INFORMATION THAT WILL ENABLE THE
 OFFICE TO CARRY OUT ITS POWERS AND DUTIES.
   4. THE DIRECTOR MAY APPOINT ASSISTANTS, AND OTHER OFFICERS AND EMPLOY-
 EES, COMMITTEES AND CONSULTANTS AS  THE  DIRECTOR  MAY  DEEM  NECESSARY,
 PRESCRIBE THEIR POWERS AND DUTIES, AND FIX THEIR COMPENSATION WITHIN THE
 AMOUNTS APPROPRIATED.
   5.  THE  OFFICE MAY REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION,
 BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE  ANY  INFORMATION
 AND  RESOURCES  THAT  WILL  ENABLE  THE OFFICE TO PROPERLY CARRY OUT ITS
 FUNCTIONS, POWERS AND DUTIES.
   6. THE DIRECTOR MAY ENTER CONTRACTS OR OTHER ARRANGEMENTS  AS  MAY  BE
 NECESSARY  FOR  THE  CONDUCT  OF  THE WORK OF THE OFFICE WITH ANY AGENCY
 WITHIN THE STATE, OR WITH ANY PERSON, FIRM, ASSOCIATION, CORPORATION, OR
 EDUCATIONAL INSTITUTION WITH  OR  WITHOUT  REIMBURSEMENT  AND  MAY  MAKE
 ADVANCE,  PROGRESS  AND OTHER PAYMENTS WHICH RELATE TO THE DUTIES OF THE
 OFFICE.
   7. THE OFFICE SHALL SUBMIT A REPORT TO THE GOVERNOR,  THE  SPEAKER  OF
 THE  ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE, AND ANY ASSESS-
 MENT REQUESTER NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS
 ARTICLE  AND ANNUALLY THEREAFTER, SUCH REPORT SHALL CONTAIN, AT MINIMUM,
 A SUMMARY OF THE FINDINGS OF THE OFFICE REQUIRED BY  THIS  SECTION.  THE
 REPORT  SHALL  ALSO  BE  PUBLISHED  ON  THE WEBSITE OF THE OFFICE OF THE
 GOVERNOR.
   § 2. This act shall take effect one year after it shall have become  a
 law.

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Senate Bill S7112

Sponsored By

Current Bill Status - In Senate Committee Internet And Technology Committee

2023-S7112 (ACTIVE) - Details

2023-S7112 (ACTIVE) - Summary

2023-S7112 (ACTIVE) - Sponsor Memo

2023-S7112 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7112

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Internet And Technology Committee

2023-S7112 (ACTIVE) - Details

2023-S7112 (ACTIVE) - Summary

2023-S7112 (ACTIVE) - Sponsor Memo

2023-S7112 (ACTIVE) - Bill Text download pdf

Comments