S 1169

Summary

As amended on 5/29/2026: - Makes it an unlawful discriminatory practice for a developer or deployer to fail to take reasonable care to prevent foreseeable algorithmic discrimination resulting from the use, sale, or sharing of a high-risk AI system. - Requires deployers using high-risk AI systems to notify affected individuals at the outset that AI will be used in consequential decisions, and provide a process to appeal with human review. - Creates whistleblower protections for AI employees. - Requires third-party audits of high-risk AI systems at regular intervals. Requires reporting to the attorney general. Requires implementation of a risk management policy. - Prohibits social scoring. - Creates a private right of action. - The 6/9/2025 amendment adds a definition for "risk management policy and program" and amends the definitions of "deployer" and "substantial change." Exempts systems used for internal purposes and not used in a consequential decision. Amends duty of care to prevent algorightmic bias. Exempts deployers with an urgent necessity to confer a benefit to an end user. Limits end users to one opt-out or one appeal per consequential decision in a six-month period. Expands whistleblower protections to all employees. Amends auditing. Amends reporting requirements. Creates a safe harbor for developers and a rebuttable presumption. - The 5/29/2026 amendments modify definitions and exemptions. Amends disclosure requirements. Amends audit requirements.

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