New York A 768: Enacts the "New York artificial intelligence consumer protection act"

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A00768 Summary:

BILL NOA00768 

&nbsp

SAME ASSAME AS S01962

&nbsp

SPONSORBores

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add Art 45-A §§1550 - 1556, Gen Bus L

&nbsp

Enacts the "New York artificial intelligence consumer protection act", in relation to preventing the use of artificial intelligence algorithms to discriminate against protected classes.

Go to top A00768 Actions:

BILL NOA00768 

&nbsp

01/08/2025referred to consumer affairs and protection

01/07/2026referred to consumer affairs and protection

Go to topA00768 Committee&nbspVotes:

Go to topA00768 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00768 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 768

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. BORES -- read once and referred to the Committee
 on Consumer Affairs and Protection

 AN ACT to amend the general business law, in relation to preventing the
 use of artificial intelligence algorithms to discriminate against
 protected classes

 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 "New York artificial intelligence consumer protection act".
 3 § 2. The general business law is amended by adding a new article 45-A
 4 to read as follows:
 5 ARTICLE 45-A
 6 NEW YORK ARTIFICIAL INTELLIGENCE CONSUMER PROTECTION ACT
 7 Section 1550. Definitions.
 8 1551. Required documentation.
 9 1552. Risk management.
 10 1553. Technical documentation.
 11 1554. Required disclosure.
 12 1555. Preemption.
 13 1556. Enforcement.
 14 § 1550. Definitions. For the purposes of this article, the following
 15 terms shall have the following meanings:
 16 1. "Algorithmic discrimination":
 17 (a) shall mean any condition in which the use of an artificial intel-
 18 ligence decision system results in any unlawful differential treatment
 19 or impact that disfavors any individual or group of individuals on the
 20 basis of their actual or perceived age, color, disability, ethnicity,
 21 genetic information, English language proficiency, national origin,
 22 race, religion, reproductive health, sex, veteran status, or other clas-
 23 sification protected pursuant to state or federal law; and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01361-01-5

 A. 768 2

 1 (b) shall not include:
 2 (i) the offer, license, or use of a high-risk artificial intelligence
 3 decision system by a developer or deployer for the sole purpose of:
 4 (A) such developer's or deployer's self-testing to identify, mitigate,
 5 or prevent discrimination or otherwise ensure compliance with state and
 6 federal law; or
 7 (B) expanding an applicant, customer, or participant pool to increase
 8 diversity or redress historic discrimination; or
 9 (ii) an act or omission by or on behalf of a private club or other
 10 establishment not open to the general public, as set forth in title II
 11 of the Civil Rights Act of 1964, 42 U.S.C. § 2000a(e), as amended.
 12 2. "Artificial intelligence decision system" shall mean any computa-
 13 tional process, derived from machine learning, statistical modeling,
 14 data analytics, or artificial intelligence, that issues simplified
 15 output, including any content, decision, prediction, or recommendation,
 16 that is used to substantially assist or replace discretionary decision
 17 making for making consequential decisions that impact consumers.
 18 3. "Bias and governance audit" means an impartial evaluation by an
 19 independent auditor, which shall include, at a minimum, the testing of
 20 an artificial intelligence decision system to assess such system's
 21 disparate impact on employees because of such employee's age, race,
 22 creed, color, ethnicity, national origin, disability, citizenship or
 23 immigration status, marital or familial status, military status, reli-
 24 gion, or sex, including sexual orientation, gender identity, gender
 25 expression, pregnancy, pregnancy outcomes, and reproductive healthcare
 26 choices.
 27 4. "Consequential decision" shall mean any decision that has a materi-
 28 a