S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6656
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to responsible
   capability scaling policies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new section
 390-f to read as follows:
   §  390-F. RESPONSIBLE CAPABILITY SCALING.  1. FOR THE PURPOSES OF THIS
 SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ARTIFICIAL INTELLIGENCE" SHALL MEAN ANY SET OF COMPUTER  PROGRAM-
 MING  INSTRUCTIONS  FOR THE PURPOSE OF CREATING TECHNOLOGY THAT PERFORMS
 ITS OWN DECISION MAKING.
   (B) "CHIEF INFORMATION OFFICER" SHALL MEAN THE  INDIVIDUAL  OR  OFFICE
 ESTABLISHED  PURSUANT TO EXECUTIVE ORDER NO. 117 ISSUED ON JANUARY TWEN-
 TY-EIGHTH, TWO THOUSAND TWO BY GOVERNOR PATAKI, OR ANY  SUCCESSOR  INDI-
 VIDUAL  OR OFFICE DESIGNATED BY THE GOVERNOR OR PROVIDED FOR IN STATUTE,
 OR AN INDIVIDUAL OR OFFICE DESIGNATED BY THE GOVERNOR OR PROVIDED FOR IN
 STATUTE TO REGULATE ARTIFICIAL INTELLIGENCE. SUCH TERM MAY ALSO BE  USED
 TO  REFER  TO  THE  OFFICE OF THE "CHIEF CYBER OFFICER" APPOINTED BY THE
 GOVERNOR.
   (C) "RESPONSIBLE CAPABILITY SCALING POLICY" SHALL MEAN A SET  OF  BEST
 PRACTICES THAT IDENTIFY, MONITOR, AND RECTIFY OR MITIGATE RISK OF HARM.
   2.  (A)  EVERY  PERSON,  FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION
 DOING BUSINESS OR OFFERING PRODUCTS TO CONSUMERS IN NEW YORK STATE SHALL
 DEVELOP A RESPONSIBLE CAPABILITY SCALING POLICY FOR THE USE AND DEVELOP-
 MENT OF ARTIFICIAL INTELLIGENCE BY SUCH ENTITY.
   (B) EACH SUCH ENTITY SHALL FILE AN ANNUAL CERTIFICATION OF  COMPLIANCE
 WITH THIS SECTION WITH THE CHIEF INFORMATION OFFICER.
   (C) THE CHIEF INFORMATION OFFICER MAY ISSUE WAIVERS OR DESIGNATE CATE-
 GORIES  OF  ENTITIES THAT ARE COVERED OR EXEMPT FROM THE REQUIREMENTS OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07117-02-5
              

 A. 6656                             2
 
 THIS SECTION. SUCH INFORMATION SHALL BE AVAILABLE ON  THE  SECRETARY  OF
 STATE'S WEBSITE.
   (D)  THE  ATTORNEY GENERAL, IN CONSULTATION WITH THE CHIEF INFORMATION
 OFFICER, SHALL HAVE THE POWER TO AUDIT THE POLICIES  FILED  BY  ENTITIES
 UNDER THIS SECTION.
   3.  IF  AN  ENTITY ALSO HAS TO FILE ANY CERTIFICATION OF CYBERSECURITY
 COMPLIANCE WITH THE DEPARTMENT OF FINANCIAL SERVICES, SUCH FILINGS SHALL
 BE DONE JOINTLY.
   4. THE CHIEF INFORMATION OFFICER  SHALL  PROMULGATE  RULES  AND  REGU-
 LATIONS FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.