* § 402. Use of automated decision-making systems by agencies. 1. No
state 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 material
impact on the rights, civil liberties, safety or welfare of any
individual within the state; or (c) affects any statutorily or
constitutionally 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 state 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
material impact on the rights, civil liberties, safety or welfare of any
individual within the state; or (c) affects any statutorily or
constitutionally provided right of an individual unless such automated
decision-making system is subject to continued and operational
meaningful human review.

3. The use of an automated decision-making system shall not affect (a)
the existing rights of employees pursuant to an existing collective
bargaining agreement, or (b) the existing representational relationships
among employee organizations or the bargaining relationships between the
employer and an employee organization. The use of an automated
decision-making system shall not result in the: (1) discharge,
displacement or loss of position, including partial displacement such as
a reduction in the hours of non-overtime work, wages, or employment
benefits, or result in the impairment of existing collective bargaining
agreements; (2) transfer of existing duties and functions currently
performed by employees of the state or any agency or public authority
thereof to an automated decision-making system; or (3) transfer of
future duties and functions ordinarily performed by employees of the
state or any agency or public authority. The use of an automated
decision-making system shall not alter the rights or benefits, and
privileges, including but not limited to terms and conditions of
employment, civil service status, and collective bargaining unit
membership status of all existing employees of the state or any agency
or public authority thereof shall be preserved and protected.

* NB Effective December 21, 2025