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This entry was published on 2024-12-27
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SECTION 401
Definitions
State Technology (STT) CHAPTER 57-A, ARTICLE 4
* § 401. Definitions. For the purpose of this article:

1. "Automated decision-making system" shall mean any software that
uses algorithms, computational models, or artificial intelligence
techniques, 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, benefits, safety or welfare of any individual within the
state.

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
recommended or made by the automated system.

3. "State agency" shall mean any department, public authority, board,
bureau, commission, division, office, council, committee or officer of
the state. Such terms shall not include the legislature or judiciary.

4. "Public assistance benefit" shall mean any service or program
within the control of the state, or benefit provided by the state to
individuals 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.

* NB Effective December 21, 2025