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A06545 Summary:

BILL NOA06545B
 
SAME ASNo Same As
 
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.
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A06545 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6545--B
 
                               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
 
        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
    12  interaction through text messages,  voice  commands,  or  a  combination
    13  thereof to provide information and services to users.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10388-05-6

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