New York Assembly Bill A06545 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 6545--A 2025-2026 Regular Sessions  IN ASSEMBLY March 6, 2025 ___________ Introduced by M. of A. ZACCARO, TAPIA, RAGA, McDONOUGH, NOVAKHOV, STECK, DAVILA, JACOBSON, GLICK, O'PHARROW, WOERNER, MILLER, K. BROWN, GALLA- HAN, HYNDMAN, CUNNINGHAM, REYES, YEGER, KASSAY, SHIMSKY, PIROZZOLO -- 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 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 system" or "AI system" shall mean a 6 machine-based system or combination of systems, that for explicit or 7 implicit objectives, infers, from the input it receives, how to generate 8 outputs such as predictions, content, recommendations, or decisions that 9 can influence physical or virtual environments. Artificial intelligence 10 shall not include any software used primarily for basic computerized 11 processes, such as anti-malware, anti-virus, auto-correct functions, 12 calculators, databases, data storage, electronic communications, fire- 13 wall, internet domain registration, internet website loading, network- 14 ing, spam and robocall-filtering, spellcheck tools, spreadsheets, web 15 caching, web hosting, or any tool that relates only to internal manage- 16 ment affairs such as ordering office supplies or processing payments, 17 and that do not materially affect the rights, liberties, benefits, safe- 18 ty or welfare of any individual within the state. 19 (b) "Chatbot" shall mean an artificial intelligence system, software 20 program, or technological application that simulates human-like conver- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10388-03-5 
 A. 6545--A 2 1 sation and interaction through text messages, voice commands, or a 2 combination thereof to provide information and services to users. 3 (c) "Proprietor" shall mean any person, business, company, organiza- 4 tion, institution or government entity that owns, operates or deploys a 5 chatbot system used to interact with users. Proprietors shall not 6 include third-party developers that license their chatbot technology to 7 a proprietor. 8 2. (a) A proprietor of a chatbot shall not permit such chatbot to 9 provide any substantive response, information, or advice, or take any 10 action which, if taken by a natural person: 11 (i) would constitute a crime under section sixty-five hundred twelve 12 or sixty-five hundred thirteen of the education law in relation to the 13 professions whose licensure is governed under articles one hundred thir- 14 ty-one, one hundred thirty-three, one hundred thirty-five, one hundred 15 thirty-six, one hundred thirty-seven, one hundred thirty-nine, one 16 hundred forty-one, one hundred forty-three, one hundred forty-five, one 17 hundred forty-seven, one hundred fifty-three, one hundred fifty-four, 18 and one hundred sixty-three of the education law; or 19 (ii) would violate the provisions of article fifteen of the judiciary 20 law prohibiting the practice or appearance as an attorney-at-law without 21 being admitted and registered under such article. 22 (b) A proprietor may not waive or disclaim this liability merely by 23 notifying consumers that they are interacting with a non-human chatbot 24 system. 25 3. A person may bring a civil action to recover actual damages and, if 26 it is found that such proprietor has willfully violated this section, 27 the violator shall be liable for actual damages together with costs and 28 reasonable attorneys' fees and disbursements incurred by the person 29 bringing such action. 30 4. Proprietors 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 § 2. This act shall take effect on the ninetieth day after it shall 37 have become a law.