•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A06545 Summary:

BILL NOA06545C
 
SAME ASSAME AS S07263-A
 
SPONSORZaccaro
 
COSPNSRTapia, Raga, McDonough, Novakhov, Steck, Davila, Jacobson, Glick, Woerner, Miller, Brown K, Gallahan, Hyndman, Cunningham, Reyes, Yeger, Kassay, Shimsky, Pirozzolo, McDonald, Torres, Buttenschon, Sempolinski, Ra, Levenberg, Griffin, Gray, Manktelow, Chludzinski, Cook, Brook-Krasny, Norber, Wright, Forrest, McMahon, Lunsford
 
MLTSPNSR
 
Add §390-f, Gen Bus L
 
Imposes liability for damages caused by a chatbot impersonating certain licensed professionals.
Go to top

A06545 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6545--C
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 6, 2025
                                       ___________
 
        Introduced by M. of A. ZACCARO, TAPIA, RAGA, McDONOUGH, NOVAKHOV, STECK,
          DAVILA, JACOBSON, GLICK, WOERNER, MILLER, K. BROWN, GALLAHAN, HYNDMAN,
          CUNNINGHAM,   REYES,  YEGER,  KASSAY,  SHIMSKY,  PIROZZOLO,  McDONALD,
          TORRES, BUTTENSCHON, SEMPOLINSKI, RA, LEVENBERG, GRIFFIN, GRAY,  MANK-
          TELOW, CHLUDZINSKI, COOK, BROOK-KRASNY, NORBER, WRIGHT, FORREST, McMA-
          HON,  LUNSFORD  -- read once and referred to the Committee on Consumer
          Affairs and Protection -- committee discharged, bill amended,  ordered
          reprinted  as amended and recommitted to said committee -- recommitted
          to the Committee on Consumer Affairs and Protection in accordance with
          Assembly Rule 3, sec. 2 --  reference  changed  to  the  Committee  on
          Science  and Technology -- committee discharged, bill amended, ordered
          reprinted as amended  and  recommitted  to  said  committee  --  again
          reported  from  said  committee  with amendments, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the  general  business  law,  in  relation  to  imposing
          liability  for  damages  caused  by  a  chatbot  impersonating certain
          licensed professionals
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  390-f to read as follows:
     3    §  390-f. Liability for chatbot responses. 1. As used in this section,
     4  the following terms shall have the following meanings:
     5    (a) "Artificial intelligence" shall have the same meaning  as  defined
     6  by section seventeen hundred of this chapter.
     7    (b)  "Generative  artificial intelligence" shall have the same meaning
     8  as defined by section seventeen hundred of this chapter.
     9    (c) "Chatbot" shall mean an artificial intelligence system, generative
    10  artificial intelligence, software program, or technological  application
    11  that  simulates  human-like  conversation in response to user inputs and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10388-07-6

        A. 6545--C                          2
 
     1  interaction through text messages,  voice  commands,  or  a  combination
     2  thereof to provide information and services to users.
     3    (d)  "Covered  profession"  shall mean a profession whose licensure is
     4  governed under articles one  hundred  thirty-one,  one  hundred  thirty-
     5  three,  one  hundred  thirty-five,  one  hundred thirty-six, one hundred
     6  thirty-seven,  one  hundred  thirty-nine,  one  hundred  forty-one,  one
     7  hundred  forty-three,  one  hundred forty-five, one hundred forty-seven,
     8  one hundred fifty-three, one hundred fifty-four, or one  hundred  sixty-
     9  three of the education law or article fifteen of the judiciary law.
    10    (e)  "Operator" shall mean any person, partnership, association, firm,
    11  or business entity, or any member, affiliate, subsidiary  or  beneficial
    12  owner  of  any  partnership,  association,  firm, or business entity who
    13  owns, operates or deploys a chatbot used to  interact  with  users.  The
    14  term  "operator"  shall  not include third-party developers that license
    15  their chatbot technology to an operator.
    16    2. (a) An operator of a chatbot shall not knowingly permit such  chat-
    17  bot  to  impersonate  an  actual or fictitious practitioner of a covered
    18  profession in a manner that, if done by a natural person:
    19    (i) would constitute a crime under section sixty-five  hundred  twelve
    20  or  sixty-five  hundred  thirteen  of the education law in relation to a
    21  covered profession; or
    22    (ii) would violate the provisions of article fifteen of the  judiciary
    23  law prohibiting the practice or appearance as an attorney-at-law without
    24  being admitted and registered under such article.
    25    (b)  For  the purposes of establishing a violation of subparagraph (i)
    26  or (ii) of paragraph (a) of  this  subdivision,  an  operator  shall  be
    27  deemed to know that a chatbot cannot lawfully practice a covered profes-
    28  sion or appear as an attorney-at-law.
    29    (c)  An  operator  shall  not  waive  or disclaim liability under this
    30  section by notifying consumers that they are interacting with a  non-hu-
    31  man chatbot system.
    32    (d)  An  operator  shall  not  be  liable under this section where the
    33  impersonation is a result of  a  user  intentionally  circumventing  the
    34  terms  of  service  or  the  safeguards  implemented  by the operator to
    35  prevent such impersonation.
    36    3. Operators utilizing chatbots shall provide clear,  conspicuous  and
    37  explicit  notice  to  users that they are interacting with an artificial
    38  intelligence chatbot program. The text of the notice shall appear in the
    39  same language the chatbot is using and in a size easily readable by  the
    40  average  viewer  and no smaller than the largest font size of other text
    41  appearing on the website on which the chatbot is utilized.
    42    4. Whenever the attorney general shall believe from evidence satisfac-
    43  tory to them that an operator has engaged in or is about  to  engage  in
    44  any of the acts or practices stated to be unlawful in this section, they
    45  may bring an action in the name and on behalf of the people of the state
    46  of  New York to enjoin an operator from continuing such unlawful acts or
    47  practices, and may seek  civil  penalties  of  up  to  fifteen  thousand
    48  dollars per day for a violation of this section, and may seek such other
    49  remedies as the court may deem appropriate.
    50    5.   The   attorney  general  shall  maintain  a  website  to  receive
    51  complaints, information or referrals from members of the public concern-
    52  ing violations of the provisions of this section.
    53    § 2. This act shall take effect on the ninetieth day  after  it  shall
    54  have become a law.
Go to top