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S09408 Summary:

BILL NOS09408A
 
SAME ASSAME AS A11144-B
 
SPONSORGOUNARDES
 
COSPNSR
 
MLTSPNSR
 
Add Art 48 §§1800 - 1802, Gen Bus L
 
Prohibits the manufacture, exchange, distribution and sale of chatbot toys in this state.
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S09408 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9408--A
 
                    IN SENATE
 
                                     March 10, 2026
                                       ___________
 
        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed  to  be  committed  to the Committee on Consumer Protection --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN ACT to amend the general business law, in relation to prohibiting the
          manufacture  and sale of chatbot toys; and providing for the repeal of
          such provisions upon the expiration thereof
 
          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 article
     2  48 to read as follows:
 
     3                                 ARTICLE 48
     4                         PROHIBITION ON CHATBOT TOYS
     5  Section 1800. Definitions.
     6          1801. Prohibition.
     7          1802. Enforcement.
     8    §  1800.  Definitions.  As  used  in this article, the following terms
     9  shall have the following meanings:
    10    1. "AI companion" shall have the  same  definition  as  set  forth  in
    11  subdivision four of section seventeen hundred of this chapter.
    12    2.  "Chatbot  toy"  shall  mean when an AI companion is embedded in or
    13  integrated with a children's toy.
    14    3. "Children's toy" shall mean as defined in subdivision (g) of 15 USC
    15  § 2057c or any successor provision thereof.
    16    4. "User" shall mean any person who is a consumer of a chatbot toy and
    17  who is not an operator, agent, affiliate, developer, manufacturer, sell-
    18  er, reseller, distributor, or commercial provider of such toy.
    19    5. "Operator" shall mean any person, partnership,  association,  firm,
    20  or  business  entity, or any member, affiliate, subsidiary or beneficial
    21  owner thereof, who operates or provides an AI companion in a  children's
    22  toy.
    23    §  1801. Prohibition. No person, firm, corporation, association, part-
    24  nership, business entity,  or  agent,  employee,  affiliate,  beneficial
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14962-07-6

        S. 9408--A                          2
 
     1  owner,  or  subsidiary  thereof,  shall  manufacture, exchange, hold for
     2  sale, distribute, or sell any chatbot toy in this state.
     3    §  1802. Enforcement. Whenever the attorney general shall believe from
     4  evidence satisfactory to them that an operator  has  engaged  in  or  is
     5  about to engage in any of the acts or practices stated to be unlawful in
     6  this  article, they may bring an action in the name and on behalf of the
     7  people of the state of New York to enjoin an  operator  from  continuing
     8  such  unlawful  acts or practices, and may seek civil penalties of up to
     9  fifteen thousand dollars per day for each violation.  If it shall appear
    10  to the satisfaction of the court  or  justice  that  the  defendant  has
    11  violated section eighteen hundred one of this article, no proof shall be
    12  required  that  any  person  has  been  injured  thereby. In such action
    13  preliminary relief may be granted under article sixty-three of the civil
    14  practice law and rules.
    15    § 2. This act shall take effect on the ninetieth day  after  it  shall
    16  have  become a law and shall expire and be deemed repealed 5 years after
    17  such effective date.  Effective  immediately,  the  addition,  amendment
    18  and/or repeal of any rule or regulation necessary for the implementation
    19  of  this  act  on  its  effective  date  are  authorized  to be made and
    20  completed on or before such effective date.
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