Bill Text: NY S06428 | 2019-2020 | General Assembly | Introduced
Bill Title: Creates the "automated decision systems task force" to make specific recommendations on 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INTERNET AND TECHNOLOGY [S06428 Detail]
Download: New_York-2019-S06428-Introduced.html
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 provid- ing for the powers and duties thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "automated decision systems task force". 3 § 2. Definitions. For the purposes of this act, the following terms 4 shall have the following meanings: 5 1. "Automated decision systems" shall mean any software system or 6 process that aims to aid or replace human decision-making. Automated 7 decision systems can include analyzing complex datasets to generate 8 scores, predictions, classifications, or some recommended actions, which 9 are used by agencies to make decisions that impact human welfare. 10 2. "Charitable corporation" shall have the meaning ascribed to such 11 term by section 102 of the not-for-profit corporation law. 12 3. "Agency" shall have the meaning ascribed to such term by section 13 102 of the state administrative procedure act. 14 § 3. Automated decision systems task force; members. 1. There is 15 created the "automated decision systems task force" (hereinafter 16 referred to as the task force) consisting of fifteen, non-governmental 17 members with expertise in the areas of fairness, accountability, and 18 transparency relating to automated decision systems. No fewer than seven 19 members shall be persons affiliated with charitable corporations that 20 represent persons in the state affected by agency automated decision 21 systems one of whom shall be appointed chairperson. The members shall be 22 appointed as follows: 23 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. LBD13241-01-9S. 6428 2 1 b. three members to be appointed by the attorney general including the 2 chairperson who shall be one of the seven or more members affiliated 3 with a charitable corporation as prescribed above; 4 c. three members to be appointed by the temporary president of the 5 senate; 6 d. three members to appointed by the speaker of the assembly; 7 e. one member to be appointed by the minority leader of the senate; 8 and 9 f. one member to be appointed by the minority leader of the assembly. 10 2. The members of the task force shall serve without compensation but 11 shall be entitled to reimbursement for their reasonable and necessary 12 expenses incurred in the performance of their duties. 13 3. The task force may utilize skilled experts, and shall receive the 14 cooperation of those state agencies it deems appropriate to assist the 15 task force in carrying out its duties. 16 4. The task force shall meet no fewer than once a month. 17 § 4. Automated decision systems task force; duties. The task force 18 shall: 19 1. compile a list of existing automated decision systems used by all 20 state agencies; 21 2. analyze how, by whom, and to what end automated decision systems in 22 use in New York state were created and the privacy issues associated 23 with the use of automated decision systems; and 24 3. hold regular public hearings, and maintain full video and written 25 documentation accessible in person and online, on issues related to 26 automated decision systems. 27 § 5. The task force shall prepare a report for submission to the 28 governor and the legislature that shall include, at a minimum, the spec- 29 ified duties of subdivisions one and two of section four of this act and 30 make specific recommendations on: 31 1. whether and how existing state laws, regulations, programs, poli- 32 cies, and practices related to the use of automated decision systems 33 should be changed to promote fairness, accountability, and transparency; 34 2. development and implementation of a procedure through which a 35 person affected by a decision concerning a rule, policy, or action 36 implemented by New York state, where such decision was made by, or with 37 the assistance of an agency automated decision system, may request and 38 receive an explanation of such decision and the basis therefor; 39 3. development and implementation of a procedure that may be used by 40 the state to determine whether an agency automated decision system 41 disproportionately impacts protected classes of persons defined in 42 subdivision 1 of section 291 of the executive law; 43 4. development and implementation of a procedure for addressing 44 instances in which a person is harmed by an agency automated decision 45 system if any such system is found to disproportionately impact 46 protected classes of persons defined in subdivision 1 of section 291 of 47 the executive law; 48 5. development and implementation of a process for making information 49 publicly available that, for each agency automated decision system, will 50 allow the public to meaningfully assess how such system functions and is 51 used by the state, including making technical information about such 52 system publicly available; and 53 6. development and implementation of a procedure for archiving agency 54 automated decision systems, data used to determine predictive relation- 55 ships among data for such systems and input data for such systems.S. 6428 3 1 § 6. The task force shall issue its findings, in the form of a written 2 report, no later than 24 months after such task force is established. 3 § 7. The secretary of state shall provide the task force with such 4 facilities, assistance, and data as will enable the task force to carry 5 out its powers and duties. Additionally, all other departments or agen- 6 cies of the state or subdivisions thereof shall, at the request of the 7 chairpersons, provide the task force with such facilities, assistance, 8 and data as will enable the task force to carry out its powers and 9 duties. 10 § 8. Such task force shall dissolve 60 days after submission of the 11 report required by section five of this act. 12 § 9. The governor shall, no later than 10 days after receipt of the 13 report required by section five of this act, make such report publicly 14 available online through the state's website. 15 § 10. This act shall take effect immediately.
