S T A T E O F N E W Y O R K
________________________________________________________________________
7599
2025-2026 Regular Sessions
I N S E N A T E
April 23, 2025
___________
Introduced by Sen. GONZALEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Internet and Technology
AN ACT to amend the state technology law, in relation to automated deci-
sion-making by government agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state technology law is amended by adding a new arti-
cle 5 to read as follows:
ARTICLE V
AUTOMATED DECISION-MAKING IN GOVERNMENT AGENCIES
SECTION 501. DEFINITIONS.
502. USE OF AUTOMATED DECISION-MAKING SYSTEMS BY GOVERNMENT
AGENCIES.
503. IMPACT ASSESSMENTS.
504. SUBMISSION TO THE GOVERNOR AND LEGISLATURE.
§ 501. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE:
1. "AUTOMATED DECISION-MAKING SYSTEM" SHALL MEAN ANY SOFTWARE THAT
USES ALGORITHMS, COMPUTATIONAL MODELS, OR ARTIFICIAL INTELLIGENCE TECH-
NIQUES, OR A COMBINATION THEREOF, TO AUTOMATE, SUPPORT, OR REPLACE HUMAN
DECISION-MAKING AND SHALL INCLUDE, WITHOUT LIMITATION, SYSTEMS THAT
PROCESS DATA, AND APPLY PREDEFINED RULES OR MACHINE LEARNING ALGORITHMS
TO ANALYZE SUCH DATA, AND GENERATE CONCLUSIONS, RECOMMENDATIONS,
OUTCOMES, ASSUMPTIONS, PROJECTIONS, OR PREDICTIONS WITHOUT MEANINGFUL
HUMAN DISCRETION. "AUTOMATED DECISION-MAKING SYSTEM" SHALL NOT INCLUDE
ANY SOFTWARE USED PRIMARILY FOR BASIC COMPUTERIZED PROCESSES, SUCH AS
CALCULATORS, SPELLCHECK TOOLS, AUTOCORRECT FUNCTIONS, SPREADSHEETS,
ELECTRONIC COMMUNICATIONS, OR ANY TOOL THAT RELATES ONLY TO INTERNAL
MANAGEMENT AFFAIRS SUCH AS ORDERING OFFICE SUPPLIES OR PROCESSING
PAYMENTS, AND THAT DO NOT MATERIALLY AFFECT THE RIGHTS, LIBERTIES, BENE-
FITS, SAFETY OR WELFARE OF ANY INDIVIDUAL WITHIN THE STATE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11535-02-5
S. 7599 2
2. "MEANINGFUL HUMAN REVIEW" MEANS REVIEW, OVERSIGHT AND CONTROL OF
THE AUTOMATED DECISION-MAKING PROCESS BY ONE OR MORE INDIVIDUALS WHO
UNDERSTAND THE RISKS, LIMITATIONS, AND FUNCTIONALITY OF, AND ARE TRAINED
TO USE, THE AUTOMATED DECISION-MAKING SYSTEM AND WHO HAVE THE AUTHORITY
TO INTERVENE OR ALTER THE DECISION UNDER REVIEW, INCLUDING BUT NOT
LIMITED TO THE ABILITY TO APPROVE, DENY, OR MODIFY ANY DECISION RECOM-
MENDED OR MADE BY THE AUTOMATED SYSTEM.
3. "GOVERNMENT AGENCY" SHALL MEAN: (A) THE STATE OR CIVIL DIVISION
THEREOF; (B) A COUNTY, CITY, TOWN OR VILLAGE; (C) A SCHOOL DISTRICT,
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, VOCATIONAL EDUCATION AND
EXTENSION BOARD OR A SCHOOL DISTRICT AS ENUMERATED IN SECTION ONE OF
CHAPTER FIVE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED SIXTY-
SEVEN, AS AMENDED; (D) THE STATE UNIVERSITY OF NEW YORK; (E) THE CITY
UNIVERSITY OF NEW YORK; (F) A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT
INCLUDING POLICE OR FIRE DISTRICTS; (G) A PUBLIC AUTHORITY, COMMISSION
OR PUBLIC BENEFIT CORPORATION; OR (H) ANY OTHER PUBLIC CORPORATION,
AGENCY, INSTRUMENTALITY OR UNIT OF GOVERNMENT WHICH EXERCISES GOVERN-
MENTAL POWER UNDER THE LAWS OF THIS STATE.
4. "PUBLIC ASSISTANCE BENEFIT" SHALL MEAN ANY SERVICE OR PROGRAM WITH-
IN THE CONTROL OF THE STATE, OR BENEFIT PROVIDED BY THE STATE TO INDI-
VIDUALS OR HOUSEHOLDS, INCLUDING BUT NOT LIMITED TO PUBLIC ASSISTANCE,
CASH ASSISTANCE, GRANTS, CHILD CARE ASSISTANCE, HOUSING ASSISTANCE,
UNEMPLOYMENT BENEFITS, TRANSPORTATION BENEFITS, EDUCATION ASSISTANCE,
DOMESTIC VIOLENCE SERVICES, AND ANY OTHER ASSISTANCE OR BENEFIT WITHIN
THE AUTHORITY OF THE STATE TO GRANT TO INDIVIDUALS WITHIN THE STATE.
THIS SHALL NOT INCLUDE ANY FEDERAL PROGRAM THAT IS ADMINISTERED BY THE
FEDERAL GOVERNMENT OR THE STATE.
§ 502. USE OF AUTOMATED DECISION-MAKING SYSTEMS BY GOVERNMENT AGEN-
CIES. 1. NO GOVERNMENT AGENCY, OR ANY ENTITY ACTING ON BEHALF OF SUCH
AGENCY, WHICH UTILIZES OR APPLIES ANY AUTOMATED DECISION-MAKING SYSTEM,
DIRECTLY OR INDIRECTLY, IN PERFORMING ANY FUNCTION THAT: (A) IS RELATED
TO THE DELIVERY OF ANY PUBLIC ASSISTANCE BENEFIT; (B) WILL HAVE A MATE-
RIAL IMPACT ON THE RIGHTS, CIVIL LIBERTIES, SAFETY OR WELFARE OF ANY
INDIVIDUAL WITHIN THE STATE; OR (C) AFFECTS ANY STATUTORILY OR CONSTITU-
TIONALLY PROVIDED RIGHT OF AN INDIVIDUAL, SHALL UTILIZE SUCH AUTOMATED
DECISION-MAKING SYSTEM, UNLESS SUCH AUTOMATED DECISION-MAKING SYSTEM IS
SUBJECT TO CONTINUED AND OPERATIONAL MEANINGFUL HUMAN REVIEW.
2. NO GOVERNMENT AGENCY SHALL AUTHORIZE ANY PROCUREMENT, PURCHASE OR
ACQUISITION OF ANY SERVICE OR SYSTEM UTILIZING, OR RELYING ON, AUTOMATED
DECISION-MAKING SYSTEMS IN PERFORMING ANY FUNCTION THAT IS: (A) RELATED
TO THE DELIVERY OF ANY PUBLIC ASSISTANCE BENEFIT; (B) WILL HAVE A MATE-
RIAL IMPACT ON THE RIGHTS, CIVIL LIBERTIES, SAFETY OR WELFARE OF ANY
INDIVIDUAL WITHIN THE STATE; OR (C) AFFECTS ANY STATUTORILY OR CONSTITU-
TIONALLY PROVIDED RIGHT OF AN INDIVIDUAL UNLESS SUCH AUTOMATED DECI-
SION-MAKING SYSTEM IS SUBJECT TO CONTINUED AND OPERATIONAL MEANINGFUL
HUMAN REVIEW.
§ 503. IMPACT ASSESSMENTS. 1. GOVERNMENT AGENCIES SEEKING TO UTILIZE
OR APPLY AN AUTOMATED DECISION-MAKING SYSTEM PERMITTED UNDER SECTION
FIVE HUNDRED TWO OF THIS ARTICLE WITH CONTINUED AND OPERATIONAL MEANING-
FUL HUMAN REVIEW SHALL CONDUCT OR HAVE CONDUCTED AN IMPACT ASSESSMENT
SUBSTANTIALLY COMPLETED AND BEARING THE SIGNATURE OF ONE OR MORE INDI-
VIDUALS RESPONSIBLE FOR MEANINGFUL HUMAN REVIEW FOR THE LAWFUL APPLICA-
TION AND USE OF SUCH AUTOMATED DECISION-MAKING SYSTEM. FOLLOWING THE
FIRST IMPACT ASSESSMENT, AN IMPACT ASSESSMENT SHALL BE CONDUCTED IN
ACCORDANCE WITH THIS SECTION AT LEAST ONCE EVERY TWO YEARS. AN IMPACT
ASSESSMENT SHALL BE CONDUCTED PRIOR TO ANY MATERIAL CHANGE TO THE AUTO-
S. 7599 3
MATED DECISION-MAKING SYSTEM THAT MAY CHANGE THE OUTCOME OR EFFECT OF
SUCH SYSTEM. SUCH IMPACT ASSESSMENTS SHALL INCLUDE:
(A) A DESCRIPTION OF THE OBJECTIVES OF THE AUTOMATED DECISION-MAKING
SYSTEM;
(B) AN EVALUATION OF THE ABILITY OF THE AUTOMATED DECISION-MAKING
SYSTEM TO ACHIEVE ITS STATED OBJECTIVES;
(C) A DESCRIPTION AND EVALUATION OF THE OBJECTIVES AND DEVELOPMENT OF
THE AUTOMATED DECISION-MAKING INCLUDING:
(I) A SUMMARY OF THE UNDERLYING ALGORITHMS, COMPUTATIONAL MODES, AND
ARTIFICIAL INTELLIGENCE TOOLS THAT ARE USED WITHIN THE AUTOMATED DECI-
SION-MAKING SYSTEM; AND
(II) THE DESIGN AND TRAINING DATA USED TO DEVELOP THE AUTOMATED DECI-
SION-MAKING SYSTEM PROCESS;
(D) TESTING FOR:
(I) ACCURACY, FAIRNESS, BIAS AND DISCRIMINATION, AND AN ASSESSMENT OF
WHETHER THE USE OF THE AUTOMATED DECISION-MAKING SYSTEM PRODUCES DISCRI-
MINATORY RESULTS ON THE BASIS OF A CONSUMER'S OR A CLASS OF CONSUMERS'
ACTUAL OR PERCEIVED RACE, COLOR, ETHNICITY, RELIGION, NATIONAL ORIGIN,
SEX, GENDER, GENDER IDENTITY, SEXUAL ORIENTATION, FAMILIAL STATUS, BIOM-
ETRIC INFORMATION, LAWFUL SOURCE OF INCOME, OR DISABILITY AND OUTLINES
MITIGATIONS FOR ANY IDENTIFIED PERFORMANCE DIFFERENCES IN OUTCOMES
ACROSS RELEVANT GROUPS IMPACTED BY SUCH USE;
(II) ANY CYBERSECURITY VULNERABILITIES AND PRIVACY RISKS RESULTING
FROM THE DEPLOYMENT AND USE OF THE AUTOMATED DECISION-MAKING SYSTEM, AND
THE DEVELOPMENT OR EXISTENCE OF SAFEGUARDS TO MITIGATE THE RISKS;
(III) ANY PUBLIC HEALTH OR SAFETY RISKS RESULTING FROM THE DEPLOYMENT
AND USE OF THE AUTOMATED DECISION-MAKING SYSTEM;
(IV) ANY REASONABLY FORESEEABLE MISUSE OF THE AUTOMATED DECISION-MAK-
ING SYSTEM AND THE DEVELOPMENT OR EXISTENCE OF SAFEGUARDS AGAINST SUCH
MISUSE;
(E) THE EXTENT TO WHICH THE DEPLOYMENT AND USE OF THE AUTOMATED DECI-
SION-MAKING SYSTEM REQUIRES INPUT OF SENSITIVE AND PERSONAL DATA, HOW
THAT DATA IS USED AND STORED, AND ANY CONTROL USERS MAY HAVE OVER THEIR
DATA; AND
(F) THE NOTIFICATION MECHANISM OR PROCEDURE, IF ANY, BY WHICH INDIVID-
UALS IMPACTED BY THE UTILIZATION OF THE AUTOMATED DECISION-MAKING SYSTEM
MAY BE NOTIFIED OF THE USE OF SUCH AUTOMATED DECISION-MAKING SYSTEM AND
OF THE INDIVIDUAL'S PERSONAL DATA, AND INFORMED OF THEIR RIGHTS AND
OPTIONS RELATING TO SUCH USE.
2. NOTWITHSTANDING THE PROVISIONS OF THIS ARTICLE OR ANY OTHER LAW, IF
AN IMPACT ASSESSMENT FINDS THAT THE AUTOMATED DECISION-MAKING SYSTEM
PRODUCES DISCRIMINATORY OR BIASED OUTCOMES, THE GOVERNMENT AGENCY SHALL
CEASE ANY UTILIZATION, APPLICATION, OR FUNCTION OF SUCH AUTOMATED DECI-
SION-MAKING SYSTEM, AND OF ANY INFORMATION PRODUCED USING SUCH SYSTEM.
§ 504. SUBMISSION TO THE GOVERNOR AND LEGISLATURE. 1. EACH IMPACT
ASSESSMENT CONDUCTED PURSUANT TO THIS ARTICLE SHALL BE SUBMITTED TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
ASSEMBLY AT LEAST THIRTY DAYS PRIOR TO THE IMPLEMENTATION OF THE AUTO-
MATED DECISION-MAKING SYSTEM THAT IS THE SUBJECT OF SUCH ASSESSMENT.
2. (A) THE IMPACT ASSESSMENT OF AN AUTOMATED DECISION-MAKING SYSTEM
SHALL BE PUBLISHED ON THE WEBSITE OF THE RELEVANT GOVERNMENT AGENCY.
(B) IF THE GOVERNMENT AGENCY MAKES A DETERMINATION THAT THE DISCLOSURE
OF ANY INFORMATION REQUIRED IN THE IMPACT ASSESSMENT WOULD RESULT IN A
SUBSTANTIAL NEGATIVE IMPACT ON HEALTH OR SAFETY OF THE PUBLIC, INFRINGE
UPON THE PRIVACY RIGHTS OF INDIVIDUALS, OR SIGNIFICANTLY IMPAIR THE
GOVERNMENT AGENCY'S ABILITY TO PROTECT ITS INFORMATION TECHNOLOGY OR
S. 7599 4
OPERATIONAL ASSETS, SUCH GOVERNMENT AGENCY MAY REDACT SUCH INFORMATION,
PROVIDED THAT AN EXPLANATORY STATEMENT ON THE PROCESS BY WHICH THE
GOVERNMENT AGENCY MADE SUCH DETERMINATION IS PUBLISHED ALONG WITH THE
REDACTED IMPACT ASSESSMENT.
(C) IF THE IMPACT ASSESSMENT COVERS ANY AUTOMATED DECISION-MAKING
SYSTEM THAT INCLUDES TECHNOLOGY THAT IS USED TO PREVENT, DETECT, PROTECT
AGAINST OR RESPOND TO SECURITY INCIDENTS, IDENTITY THEFT, FRAUD,
HARASSMENT, MALICIOUS OR DECEPTIVE ACTIVITIES OR OTHER ILLEGAL ACTIVITY,
PRESERVE THE INTEGRITY OR SECURITY OF SYSTEMS, OR TO INVESTIGATE,
REPORT OR PROSECUTE THOSE RESPONSIBLE FOR ANY SUCH MALICIOUS OR DECEP-
TIVE ACTION, SUCH GOVERNMENT AGENCY MAY REDACT SUCH INFORMATION FOR THE
PURPOSES OF THIS SUBDIVISION, PROVIDED THAT AN EXPLANATORY STATEMENT ON
THE PROCESS BY WHICH THE GOVERNMENT AGENCY MADE SUCH DETERMINATION IS
PUBLISHED ALONG WITH THE REDACTED IMPACT ASSESSMENT.
§ 2. Disclosure of existing automated decision-making systems. Any
government agency, that directly or indirectly, utilizes an automated
decision-making system, as defined in section 501 of the state technolo-
gy law, shall submit to the legislature a disclosure on the use of such
system, no later than one year after the effective date of this section.
Such disclosure shall include:
(a) a description of the automated decision-making system utilized by
such agency;
(b) a list of any software vendors related to such automated deci-
sion-making system;
(c) the date that the use of such system began;
(d) a summary of the purpose and use of such system, including a
description of human decision-making and discretion supported or
replaced by the automated decision-making system;
(e) whether any impact assessments for the automated decision-making
system were conducted and the dates and summaries of the results of such
assessments where applicable; and
(f) any other information deemed relevant by the agency.
§ 3. This act shall take effect immediately, provided that section one
of this act shall take effect one year after it shall have become a law.