S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3869
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 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.  Article 50 of the executive law is redesignated article 60
 and  sections 1000, 1001, 1002 and 1003, as renumbered by chapter 770 of
 the laws of 1978, are renumbered sections 1500, 1501, 1502 and 1503.
   § 2. The executive law is amended by adding a new article 50  to  read
 as follows:
                                ARTICLE 50
                       OFFICE OF EMERGING TECHNOLOGY
 SECTION 1000. OFFICE OF EMERGING TECHNOLOGY.
         1001. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE.
   § 1000. OFFICE OF EMERGING TECHNOLOGY. 1. THE OFFICE OF EMERGING TECH-
 NOLOGY  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07110-01-5
 S. 3869                             2
              

 
   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;
   (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.
   § 1001. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE. 1. THE BASIC FUNC-
 TION  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  EMERG-
 ING  TECHNOLOGIES,  AND  TO  PROVIDE EARLY INDICATIONS OF BENEFICIAL AND
 ADVERSE IMPACTS OF THE APPLICATIONS OF EMERGING TECHNOLOGY AND TO DEVEL-
 OP AND COORDINATE INFORMATION WHICH MAY ASSIST THE LEGISLATURE  AND  THE
 STATE IN RESPONDING TO EMERGING TECHNOLOGIES. IN CARRYING OUT SUCH FUNC-
 TION, 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
 S. 3869                             3
 
   (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
 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.
   § 3. This act shall take effect one year after it shall have become  a
 law.