What's happening
This bill creates an automated decision systems task force to review, analyze, and recommend policies for fairness and transparency in state agency use of automated decision systems.
Why it matters
The bill directly addresses concerns about bias and discrimination. by requiring the task force to examine whether automated decision systems used by state agencies disproportionately impact legally protected groups, and to recommend remedies if harm is found.
The focus on transparency and public accountability is significant. the task force must hold public hearings, ensure all documentation is accessible, and propose ways for affected individuals to request explanations for decisions made by automated systems.
Recommendations from the task force could lead to concrete changes. in state policies, laws, and practices, potentially reshaping how New York government agencies use algorithms and artificial intelligence to make decisions about people’s lives.
The inclusion of charitable organizations representing affected populations ensures that civil society voices are central. in the policy review process, potentially leading to stronger protections for vulnerable or historically disadvantaged groups.
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Who cares
State agencies using automated decision systems
The task force would inventory their systems, examine their development and privacy implications, and recommend changes to state policies and practices.
People affected by agency automated decisions
The task force would recommend procedures for obtaining explanations of decisions and addressing harm when systems disproportionately impact protected classes.
Charitable corporations representing affected New Yorkers
At least seven task force members, including the chairperson, would have to be affiliated with these organizations.
- Likely support
Secretary of state and other state departments and agencies
They would be required to provide facilities, assistance and data to support the task force’s work.
Headline styles
Review State AI Decisions
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to internet and technology
- Referred to rules
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6428
2019-2020 Regular Sessions
IN SENATE
June 10, 2019
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT creating the "automated decision systems task force" and providing for the powers and duties thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "automated decision systems task force".
§ 2. Definitions. For the purposes of this act, the following terms shall have the following meanings:
1. "Automated decision systems" shall mean any software system or process that aims to aid or replace human decision-making. Automated decision systems can include analyzing complex datasets to generate scores, predictions, classifications, or some recommended actions, which are used by agencies to make decisions that impact human welfare.
2. "Charitable corporation" shall have the meaning ascribed to such term by section 102 of the not-for-profit corporation law.
3. "Agency" shall have the meaning ascribed to such term by section 102 of the state administrative procedure act.
§ 3. Automated decision systems task force; members. 1. There is created the "automated decision systems task force" (hereinafter referred to as the task force) consisting of fifteen, non-governmental members with expertise in the areas of fairness, accountability, and transparency relating to automated decision systems. No fewer than seven members shall be persons affiliated with charitable corporations that represent persons in the state affected by agency automated decision systems one of whom shall be appointed chairperson. The members shall be appointed as follows:
a. four members to be appointed by the governor;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13241-01-9
S. 6428 2
b. three members to be appointed by the attorney general including the chairperson who shall be one of the seven or more members affiliated with a charitable corporation as prescribed above;
c. three members to be appointed by the temporary president of the senate;
d. three members to appointed by the speaker of the assembly;
e. one member to be appointed by the minority leader of the senate; and
f. one member to be appointed by the minority leader of the assembly.
2. The members of the task force shall serve without compensation but shall be entitled to reimbursement for their reasonable and necessary expenses incurred in the performance of their duties.
3. The task force may utilize skilled experts, and shall receive the cooperation of those state agencies it deems appropriate to assist the task force in carrying out its duties.
4. The task force shall meet no fewer than once a month.
§ 4. Automated decision systems task force; duties. The task force shall:
1. compile a list of existing automated decision systems used by all state agencies;
2. analyze how, by whom, and to what end automated decision systems in use in New York state were created and the privacy issues associated with the use of automated decision systems; and
3. hold regular public hearings, and maintain full video and written documentation accessible in person and online, on issues related to automated decision systems.
§ 5. The task force shall prepare a report for submission to the governor and the legislature that shall include, at a minimum, the specified duties of subdivisions one and two of section four of this act and make specific recommendations on:
1. whether and how existing state laws, regulations, programs, policies, and practices related to the use of automated decision systems should be changed to promote fairness, accountability, and transparency;
2. development and implementation of a procedure through which a person affected by a decision concerning a rule, policy, or action implemented by New York state, where such decision was made by, or with the assistance of an agency automated decision system, may request and receive an explanation of such decision and the basis therefor;
3. development and implementation of a procedure that may be used by the state to determine whether an agency automated decision system disproportionately impacts protected classes of persons defined in subdivision 1 of section 291 of the executive law;
4. development and implementation of a procedure for addressing instances in which a person is harmed by an agency automated decision system if any such system is found to disproportionately impact protected classes of persons defined in subdivision 1 of section 291 of the executive law;
5. development and implementation of a process for making information publicly available that, for each agency automated decision system, will allow the public to meaningfully assess how such system functions and is used by the state, including making technical information about such system publicly available; and
6. development and implementation of a procedure for archiving agency automated decision systems, data used to determine predictive relationships among data for such systems and input data for such systems.
S. 6428 3
§ 6. The task force shall issue its findings, in the form of a written report, no later than 24 months after such task force is established.
§ 7. The secretary of state shall provide the task force with such facilities, assistance, and data as will enable the task force to carry out its powers and duties. Additionally, all other departments or agencies of the state or subdivisions thereof shall, at the request of the chairpersons, provide the task force with such facilities, assistance, and data as will enable the task force to carry out its powers and duties.
§ 8. Such task force shall dissolve 60 days after submission of the report required by section five of this act.
§ 9. The governor shall, no later than 10 days after receipt of the report required by section five of this act, make such report publicly available online through the state's website.
§ 10. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act creating the "automated decision systems task force" and providing for the powers and duties thereof
Purpose or general idea of bill
Establishes the Automated Decision Systems Task Force to study and report upon automated decision systems in New York State agencies and to make recommendations as to how improve the fairness, accountability, and transparency of such use.
Summary of provisions
This legislation creates a new, fifteen member task force on automated decision systems in New York State. The purpose of this task force would be to review the use of automated decision systems by State agencies and provide recommendations for improving the fairness, accountability, and transparency of such use.
Justification
New York State historically led in protecting the personal privacy of its residents. However, the rapid advancement in automated decision systems in recent years, including artificial intelligence, created new threats to New Yorkers' privacy. Local and state entities often deploy automated decision systems without public knowledge or regulations, and vendors selling these systems may require restrictive contractual provisions blocking public transparency and accountability. These systems' role in core government decisions raises constitutional concerns, including due process. Further, reliance on automated deci- sion systems without adequate safeguards can undermine decision predict- ability, harm residents, and infringe the rights of historically margi- nalized groups. This bill would help the State, in a thoughtful manner, identify how to protect New Yorkers' privacy in light of the prolifer- ation of automated decision systems.
Prior legislative history
None
Fiscal implications
Minor administrative cost to maintain the task force.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.