New York Senate Bill S07263 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 7263 2025-2026 Regular Sessions  IN SENATE April 7, 2025 ___________ Introduced by Sen. GONZALEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Internet and Technology 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- 21 sation and interaction through text messages, voice commands, or a 22 combination thereof to provide information and services to users. 23 (c) "Proprietor" shall mean any person, business, company, organiza- 24 tion, institution or government entity that owns, operates or deploys a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10388-04-5 
 S. 7263 2 1 chatbot system used to interact with users. Proprietors shall not 2 include third-party developers that license their chatbot technology to 3 a proprietor. 4 2. (a) A proprietor of a chatbot shall not permit such chatbot to 5 provide any substantive response, information, or advice, or take any 6 action which, if taken by a natural person: 7 (i) would constitute a crime under section sixty-five hundred twelve 8 or sixty-five hundred thirteen of the education law in relation to the 9 professions whose licensure is governed under articles one hundred thir- 10 ty-one, one hundred thirty-three, one hundred thirty-five, one hundred 11 thirty-six, one hundred thirty-seven, one hundred thirty-nine, one 12 hundred forty-one, one hundred forty-three, one hundred forty-five, one 13 hundred forty-seven, one hundred fifty-three, one hundred fifty-four, 14 and one hundred sixty-three of the education law; or 15 (ii) would violate the provisions of article fifteen of the judiciary 16 law prohibiting the practice or appearance as an attorney-at-law without 17 being admitted and registered under such article. 18 (b) A proprietor may not waive or disclaim this liability merely by 19 notifying consumers that they are interacting with a non-human chatbot 20 system. 21 3. A person may bring a civil action to recover actual damages and, if 22 it is found that such proprietor has willfully violated this section, 23 the violator shall be liable for actual damages together with costs and 24 reasonable attorneys' fees and disbursements incurred by the person 25 bringing such action. 26 4. Proprietors utilizing chatbots shall provide clear, conspicuous and 27 explicit notice to users that they are interacting with an artificial 28 intelligence chatbot program. The text of the notice shall appear in the 29 same language the chatbot is using and in a size easily readable by the 30 average viewer and no smaller than the largest font size of other text 31 appearing on the website on which the chatbot is utilized. 32 § 2. This act shall take effect on the ninetieth day after it shall 33 have become a law.