§ 103-E — Artificial intelligence (AI) inventory

§ 103-e. Artificial intelligence (AI) inventory. 1. The office shall\nmaintain an inventory of state agency artificial intelligence systems.\nThe office shall issue guidance to state agencies identifying the data\nelements to be collected and submitted to the office for such inventory,\nincluding but not limited to the purpose and uses of the artificial\nintelligence systems. The inventory shall be posted on the New York\nstate open data website on the thirtieth of December next succeeding the\ndate this section takes effect, and annually thereafter. State agencies\nshall submit information required by the office at least sixty days in\nadvance of the annual publication date. The office may withhold certain\ninformation if it determines disclosure of this information would\njeopardize the security of information technology assets, or as\nprescribed by article six of the public officers law.\n 2. For purposes of this section, "artificial intelligence system"\nshall mean a machine-based system that can, for a given set of\nhuman-defined objectives, make predictions, recommendations, or\ndecisions influencing real or virtual environments that, when used, may\n"directly impact the public". Artificial intelligence systems use\nmachine- and human-based inputs to perceive real and virtual\nenvironments, abstract such perceptions into models through analysis in\nan automated manner, and use model inference to formulate options for\ninformation or action. "Artificial intelligence system" includes but is\nnot limited to systems that use machine learning, large language model,\nnatural language processing, and computer vision technologies, including\ngenerative artificial intelligence. "Artificial intelligence system"\nshall not include basic calculations, basic automation, or pre-recorded\nrule-based conditional logic response systems with predefined triggers\nthat automatically initiate predetermined actions, such as If This Then\nThat (IFTT) systems.\n 3. For purposes of this section, "directly impact the public" shall\nmean when the use of an artificial intelligence system would control,\nhave a material impact on, or meaningfully influence the outcome of\nactivities that impact the safety, welfare, or rights of the public.\nSuch activities include but are not limited to assessments or decisions\nabout individuals including in law enforcement, housing, hiring and\nemployment, financial, educational, or healthcare contexts, decisions\nregarding access to or eligibility for government benefits or about\nchild welfare, or the functioning of emergency services or critical\ninfrastructure.\n 4. The office may ask and shall receive from any state agency any\ninformation or assistance necessary to carry out its powers and duties\nunder this section.\n 5. The office shall submit a copy of the artificial intelligence\ninventory to the governor, the temporary president of the senate, and\nthe speaker of the assembly.\n