WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1) "Automated employment decision-making toolAutomated employment decision-making tool"Automated employment decision-making tool" shall mean any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate or replace human decision-making regarding employment, including but not limited to wages and other compensation, hiring, selection for recruitment, discipline, promotion, and termination. "Automated employment decision-making tool" 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 that do not materially affect the rights, liberties, benefits, safety or welfare of any individual within the state.State Technology Law § 401(1)" shall mean any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate or replace human decision-making regarding employment, including but not limited to wages and other compensation, hiring, selection for recruitment, discipline, promotion, and termination. "Automated employment decision-making toolAutomated employment decision-making tool"Automated employment decision-making tool" shall mean any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate or replace human decision-making regarding employment, including but not limited to wages and other compensation, hiring, selection for recruitment, discipline, promotion, and termination. "Automated employment decision-making tool" 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 that do not materially affect the rights, liberties, benefits, safety or welfare of any individual within the state.State Technology Law § 401(1)" 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) "State agencyState agency"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.State Technology Law § 401(2)" 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.
Section 401 redefines the core terminology for the article. It replaces the prior law's broad "automated decision-making system" with the narrower "automated employment decision-making tool," limiting scope to software that materially automates or replaces human decision-making specifically regarding employment matters — wages, hiring, recruitment, discipline, promotion, and termination. The definition excludes basic computerized processes and internal management tools that do not materially affect individual rights.
The section also removes the prior law's definitions of "meaningful human review" and "public assistance benefit," reflecting the bill's shift away from mandating human oversight and away from covering public benefits determinations.
1 Any state agencyState agency"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.State Technology Law § 401(2) that utilizes an automated employment decision-making toolAutomated employment decision-making tool"Automated employment decision-making tool" shall mean any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate or replace human decision-making regarding employment, including but not limited to wages and other compensation, hiring, selection for recruitment, discipline, promotion, and termination. "Automated employment decision-making tool" 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 that do not materially affect the rights, liberties, benefits, safety or welfare of any individual within the state.State Technology Law § 401(1), as defined in section four hundred one of this article, shall publish a list of such automated employment decision-making toolsAutomated employment decision-making tool"Automated employment decision-making tool" shall mean any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate or replace human decision-making regarding employment, including but not limited to wages and other compensation, hiring, selection for recruitment, discipline, promotion, and termination. "Automated employment decision-making tool" 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 that do not materially affect the rights, liberties, benefits, safety or welfare of any individual within the state.State Technology Law § 401(1) on such state agencyState agency"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.State Technology Law § 401(2)'s website no later than the thirtieth of December next succeeding the date on which the amendments made to this section by a chapter of the laws of two thousand twenty-four take effect, and annually thereafter. Such disclosure shall include: 1. a description of the automated employment decision-making toolAutomated employment decision-making tool"Automated employment decision-making tool" shall mean any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate or replace human decision-making regarding employment, including but not limited to wages and other compensation, hiring, selection for recruitment, discipline, promotion, and termination. "Automated employment decision-making tool" 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 that do not materially affect the rights, liberties, benefits, safety or welfare of any individual within the state.State Technology Law § 401(1) utilized by such state agencyState agency"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.State Technology Law § 401(2); 2. the date that the state agencyState agency"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.State Technology Law § 401(2) use of such automated employment decision-making toolAutomated employment decision-making tool"Automated employment decision-making tool" shall mean any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate or replace human decision-making regarding employment, including but not limited to wages and other compensation, hiring, selection for recruitment, discipline, promotion, and termination. "Automated employment decision-making tool" 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 that do not materially affect the rights, liberties, benefits, safety or welfare of any individual within the state.State Technology Law § 401(1) began; 3. a summary of the purpose and use of such automated employment decision-making toolAutomated employment decision-making tool"Automated employment decision-making tool" shall mean any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate or replace human decision-making regarding employment, including but not limited to wages and other compensation, hiring, selection for recruitment, discipline, promotion, and termination. "Automated employment decision-making tool" 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 that do not materially affect the rights, liberties, benefits, safety or welfare of any individual within the state.State Technology Law § 401(1); and 4. any other information deemed relevant by the agency.
Section 402 replaces the prior law's substantive human-oversight and procurement requirements with a transparency-oriented disclosure obligation. Each state agency that uses an automated employment decision-making tool must publish a list of such tools on its website, initially by December 30 following the effective date and annually thereafter. The required disclosure includes a description of each tool, the date the agency began using it, a summary of the tool's purpose and use, and any other information the agency deems relevant.
This is a public-facing inventory requirement at the individual agency level, distinct from the centralized statewide AI inventory maintained by the Office of Information Technology Services under new § 103-e.
(1) 2 The office shall maintain an inventory of state agencyState agency"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.State Technology Law § 401(2) artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments that, when used, may "directly impact the public". Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. "Artificial intelligence system" includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative artificial intelligence. "Artificial intelligence system" shall not include basic calculations, basic automation, or pre-recorded rule-based conditional logic response systems with predefined triggers that automatically initiate predetermined actions, such as If This Then That (IFTT) systems.State Technology Law § 103-e(2). The office shall issue guidance to state agencies identifying the data elements to be collected and submitted to the office for such inventory, including but not limited to the purpose and uses of the artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments that, when used, may "directly impact the public". Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. "Artificial intelligence system" includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative artificial intelligence. "Artificial intelligence system" shall not include basic calculations, basic automation, or pre-recorded rule-based conditional logic response systems with predefined triggers that automatically initiate predetermined actions, such as If This Then That (IFTT) systems.State Technology Law § 103-e(2). The inventory shall be posted on the New York state open data website on the thirtieth of December next succeeding the date this section takes effect, and annually thereafter. State agencies shall submit information required by the office at least sixty days in advance of the annual publication date. The office may withhold certain information if it determines disclosure of this information would jeopardize the security of information technology assets, or as prescribed by article six of the public officers law.
(2) For purposes of this section, "artificial intelligence systemArtificial intelligence system"Artificial intelligence system" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments that, when used, may "directly impact the public". Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. "Artificial intelligence system" includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative artificial intelligence. "Artificial intelligence system" shall not include basic calculations, basic automation, or pre-recorded rule-based conditional logic response systems with predefined triggers that automatically initiate predetermined actions, such as If This Then That (IFTT) systems.State Technology Law § 103-e(2)" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments that, when used, may "directly impact the publicDirectly impact the public"Directly impact the public" shall mean when the use of an artificial intelligence system would control, have a material impact on, or meaningfully influence the outcome of activities that impact the safety, welfare, or rights of the public. Such activities include but are not limited to assessments or decisions about individuals including in law enforcement, housing, hiring and employment, financial, educational, or healthcare contexts, decisions regarding access to or eligibility for government benefits or about child welfare, or the functioning of emergency services or critical infrastructure.State Technology Law § 103-e(3)". Artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments that, when used, may "directly impact the public". Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. "Artificial intelligence system" includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative artificial intelligence. "Artificial intelligence system" shall not include basic calculations, basic automation, or pre-recorded rule-based conditional logic response systems with predefined triggers that automatically initiate predetermined actions, such as If This Then That (IFTT) systems.State Technology Law § 103-e(2) use machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments that, when used, may "directly impact the public". Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. "Artificial intelligence system" includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative artificial intelligence. "Artificial intelligence system" shall not include basic calculations, basic automation, or pre-recorded rule-based conditional logic response systems with predefined triggers that automatically initiate predetermined actions, such as If This Then That (IFTT) systems.State Technology Law § 103-e(2)" includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative artificial intelligence. "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments that, when used, may "directly impact the public". Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. "Artificial intelligence system" includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative artificial intelligence. "Artificial intelligence system" shall not include basic calculations, basic automation, or pre-recorded rule-based conditional logic response systems with predefined triggers that automatically initiate predetermined actions, such as If This Then That (IFTT) systems.State Technology Law § 103-e(2)" shall not include basic calculations, basic automation, or pre-recorded rule-based conditional logic response systems with predefined triggers that automatically initiate predetermined actions, such as If This Then That (IFTT) systems.
(3) For purposes of this section, "directly impact the publicDirectly impact the public"Directly impact the public" shall mean when the use of an artificial intelligence system would control, have a material impact on, or meaningfully influence the outcome of activities that impact the safety, welfare, or rights of the public. Such activities include but are not limited to assessments or decisions about individuals including in law enforcement, housing, hiring and employment, financial, educational, or healthcare contexts, decisions regarding access to or eligibility for government benefits or about child welfare, or the functioning of emergency services or critical infrastructure.State Technology Law § 103-e(3)" shall mean when the use of an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments that, when used, may "directly impact the public". Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. "Artificial intelligence system" includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative artificial intelligence. "Artificial intelligence system" shall not include basic calculations, basic automation, or pre-recorded rule-based conditional logic response systems with predefined triggers that automatically initiate predetermined actions, such as If This Then That (IFTT) systems.State Technology Law § 103-e(2) would control, have a material impact on, or meaningfully influence the outcome of activities that impact the safety, welfare, or rights of the public. Such activities include but are not limited to assessments or decisions about individuals including in law enforcement, housing, hiring and employment, financial, educational, or healthcare contexts, decisions regarding access to or eligibility for government benefits or about child welfare, or the functioning of emergency services or critical infrastructure.
(4) 2 The office may ask and shall receive from any state agencyState agency"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.State Technology Law § 401(2) any information or assistance necessary to carry out its powers and duties under this section.
(5) 3 The office shall submit a copy of the artificial intelligence inventory to the governor, the temporary president of the senate, and the speaker of the assembly.
Section 103-e creates a centralized statewide AI inventory maintained by the Office of Information Technology Services (ITS). The inventory covers all state agency artificial intelligence systems — a broader scope than the employment-specific tools addressed in § 402 — and uses a distinct, expansive definition of "artificial intelligence system" that encompasses machine learning, large language models, NLP, computer vision, and generative AI, while excluding basic calculations, basic automation, and rule-based conditional logic.
ITS must issue guidance to agencies on data elements to collect, publish the inventory on the New York State Open Data website by December 30 following the effective date and annually thereafter, and submit a copy to the Governor and legislative leaders. State agencies must submit required information at least 60 days before each annual publication date. ITS may withhold information that would jeopardize IT security or that is exempt under the state Freedom of Information Law (FOIL).
(a) 4 The use of artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments that, when used, may "directly impact the public". Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. "Artificial intelligence system" includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative artificial intelligence. "Artificial intelligence system" shall not include basic calculations, basic automation, or pre-recorded rule-based conditional logic response systems with predefined triggers that automatically initiate predetermined actions, such as If This Then That (IFTT) systems.State Technology Law § 103-e(2) as defined by section one hundred three-e of the state technology law shall not affect (i) the existing rights of employees pursuant to an existing collective bargaining agreement, or (ii) the existing representational relationships among employee organizations or the bargaining relationships between the employer and an employee organization.
(b) 4 The use of such artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments that, when used, may "directly impact the public". Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. "Artificial intelligence system" includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative artificial intelligence. "Artificial intelligence system" shall not include basic calculations, basic automation, or pre-recorded rule-based conditional logic response systems with predefined triggers that automatically initiate predetermined actions, such as If This Then That (IFTT) systems.State Technology Law § 103-e(2) shall not result in the: (i) 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; or (ii) transfer of existing duties and functions currently performed by employees of the state or any agency or public authority thereof to an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments that, when used, may "directly impact the public". Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. "Artificial intelligence system" includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative artificial intelligence. "Artificial intelligence system" shall not include basic calculations, basic automation, or pre-recorded rule-based conditional logic response systems with predefined triggers that automatically initiate predetermined actions, such as If This Then That (IFTT) systems.State Technology Law § 103-e(2).
(c) 4 The use of an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments that, when used, may "directly impact the public". Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. "Artificial intelligence system" includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative artificial intelligence. "Artificial intelligence system" shall not include basic calculations, basic automation, or pre-recorded rule-based conditional logic response systems with predefined triggers that automatically initiate predetermined actions, such as If This Then That (IFTT) systems.State Technology Law § 103-e(2) 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.
This provision adds a new subdivision to Civil Service Law § 80 to protect state employee rights in the face of AI adoption. It ensures that the use of artificial intelligence systems (as defined in § 103-e) does not affect existing collective bargaining agreements, representational relationships, or bargaining relationships. It also prohibits AI-driven discharge, displacement, reduction in hours or wages, impairment of collective bargaining agreements, or transfer of existing or future employee duties to AI systems. All existing employment rights, benefits, privileges, civil service status, and collective bargaining unit membership are preserved.
This provision is subject to a sunset clause — it expires and is deemed repealed on July 1, 2028.
Sections 1 and 3 of a chapter of the laws of 2024 amending the state technology law relating to automated decision-making by state agencies, as proposed in legislative bills numbers S. 7543-B and A. 9430-B, are REPEALED.
Sections 403 and 404 of the state technology law, as added by a chapter of the laws of 2024 amending the state technology law relating to automated decision-making by state agencies, as proposed in legislative bills numbers S. 7543-B and A. 9430-B, are REPEALED.
Sections 1 and 2 of the bill repeal provisions of the 2024 act (S.7543-B / A.9430-B) that are being replaced by this bill's narrower approach. Section 1 repeals the prior act's short title and broad disclosure requirements. Section 2 repeals State Technology Law §§ 403 and 404, which had required impact assessments and submission of certain reports. These repeals reflect the bill's policy shift from broad automated decision-making oversight to targeted employment-tool disclosure and centralized AI inventory.
§ 6 This act shall take effect July 1, 2025.
§ 7 This act shall take effect immediately; provided, however, that sections one, two, three, four and five of this act shall take effect on the same date and in the same manner as a chapter of the laws of 2024 amending the state technology law relating to automated decision-making by state agencies, as proposed in legislative bills numbers S. 7543-B and A. 9430-B, takes effect; and provided, further, that section five of this act shall expire and be deemed repealed July 1, 2028.
Section 6 amends the effective date of the underlying 2024 act to July 1, 2025. Section 7 provides that the bill takes effect immediately, with substantive sections 1–5 taking effect on the same date as the 2024 act. The collective bargaining protection in section 5 (Civil Service Law § 80(10)) expires and is deemed repealed on July 1, 2028.