BILL NUMBER: S1169
SPONSOR: GONZALEZ
 
TITLE OF BILL:
An act to amend the civil rights law and the executive law, in relation
to the use of artificial intelligence systems
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to promote safe and responsible development,
deployment, and use of artificial intelligence systems.
 
SUMMARY OF PROVISIONS:
Section 1 sets out the legislative findings and intent. Al already occu-
pies a prominent role in New Yorkers' lives, often without their know-
ledge. A deep body of independent research shows that many Al systems
are not fit for purpose. Of particular concern, Al errors can replicate
and magnify existing bias. Entities that profit from development and
deployment of Al tools should be held liable when they fail to adequate-
ly prepare these tools and when they cause unintended consequences.
Section 2 of the bill establishes protections regarding artificial
intelligence in sections 85 through 89-c of a new article 8-A of the
civil rights law:
Section 85 sets forth definitions for this article.
Section 86 prohibits discriminatory practices with respect to high-risk
Al systems.
Section 86-a creates deployer and developer obligations with respect to
high-risk Al systems.
Section 86-b enacts whistleblower protections for the employees of
developers and deployers of high-risk Al systems.
Section 87 obligates developers and deployers to commission independent
audits of high-risk Al systems.
Section 88 requires reporting on high-risk Al systems.
Section 89 sets requirements for internal risk management policies and
programs for developers and deployers of high-risk Al systems.
Section 89-a prohibits the development, deployment, use, or sale of an
Al system that assesses trustworthiness based on social behavior, or
known or predicted personal characteristics, and leads to unjustified
differential treatment.
Section 89-b enables enforcement of this article through either a
special proceeding initiated by the attorney general or a plenary
proceeding in a private right of action.
Section 3 amends section 296 of the executive law to provide that a
violation of subdivision 86 of this article shall be considered an
unlawful discriminatory practice under the executive law.
Section 4 is the effective date.
 
JUSTIFICATION:
Artificial intelligence technology is already an integral part of New
Yorker's daily lives. In the private sector, Al is already being used in
education, health care, employment, insurance, credit scoring, public
safety, retail, banking and financial services, media, and more, yet few
regulations have been adopted to protect New Yorkers from serious issues
like bias and inaccuracy.
It is the duty of government to protect citizens and hold developers and
deployers accountable for irresponsible practices and harm caused
through errors of their systems. This bill creates a framework that is
designed to address risks before they become harmful to citizens. Under
this bill, if such harm occurs or an entity fails to proactively address
risk, they may face liability.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S1169: 296 executive law