Senate Bill S10675

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10675
 
                             I N  S E N A T E
 
                              August 5, 2026
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:
 
   Section 1. The general business law is amended by adding a new section
 390-f to read as follows:
   §  390-F. LIABILITY FOR CHATBOT RESPONSES. 1. AS USED IN THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ARTIFICIAL INTELLIGENCE" SHALL HAVE THE SAME MEANING  AS  DEFINED
 BY SECTION SEVENTEEN HUNDRED OF THIS CHAPTER.
   (B)  "GENERATIVE  ARTIFICIAL INTELLIGENCE" SHALL HAVE THE SAME MEANING
 AS DEFINED BY SECTION SEVENTEEN HUNDRED OF THIS CHAPTER.
   (C) "CHATBOT" SHALL MEAN AN ARTIFICIAL INTELLIGENCE SYSTEM, GENERATIVE
 ARTIFICIAL INTELLIGENCE, SOFTWARE PROGRAM, OR TECHNOLOGICAL  APPLICATION
 THAT  SIMULATES  HUMAN-LIKE  CONVERSATION IN RESPONSE TO USER INPUTS AND
 INTERACTION THROUGH TEXT MESSAGES,  VOICE  COMMANDS,  OR  A  COMBINATION
 THEREOF TO PROVIDE INFORMATION AND SERVICES TO USERS.
   (D)  "COVERED  PROFESSION"  SHALL MEAN A PROFESSION WHOSE LICENSURE OR
 CERTIFICATION IS GOVERNED UNDER:
   (I) ARTICLES ONE HUNDRED THIRTY-ONE,  ONE  HUNDRED  THIRTY-THREE,  ONE
 HUNDRED  THIRTY-FIVE,  ONE HUNDRED THIRTY-SIX, ONE HUNDRED THIRTY-SEVEN,
 ONE HUNDRED THIRTY-NINE, ONE HUNDRED FORTY-ONE, ONE HUNDRED FORTY-THREE,
 ONE HUNDRED FORTY-FIVE, ONE  HUNDRED  FORTY-SEVEN,  ONE  HUNDRED  FIFTY-
 THREE,  ONE HUNDRED FIFTY-FOUR, OR ONE HUNDRED SIXTY-THREE OF THE EDUCA-
 TION LAW;
   (II) ARTICLE SIXTY-ONE OF THE EDUCATION LAW; OR
   (III) ARTICLE FIFTEEN OF THE JUDICIARY LAW.
   (E) "OPERATOR" SHALL MEAN ANY PERSON, PARTNERSHIP, ASSOCIATION,  FIRM,
 OR  BUSINESS  ENTITY, OR ANY MEMBER, AFFILIATE, SUBSIDIARY OR BENEFICIAL
 OWNER OF ANY PARTNERSHIP, ASSOCIATION,  FIRM,  OR  BUSINESS  ENTITY  WHO
 OWNS,  OPERATES  OR  DEPLOYS  A CHATBOT USED TO INTERACT WITH USERS. THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10388-13-6
 S. 10675                            2
 
 TERM "OPERATOR" SHALL NOT INCLUDE THIRD-PARTY  DEVELOPERS  THAT  LICENSE
 THEIR CHATBOT TECHNOLOGY TO AN OPERATOR.
   2.  (A) AN OPERATOR OF A CHATBOT SHALL NOT KNOWINGLY PERMIT SUCH CHAT-
 BOT TO IMPERSONATE AN ACTUAL OR FICTITIOUS  PRACTITIONER  OF  A  COVERED
 PROFESSION IN A MANNER THAT, IF DONE BY A NATURAL PERSON:
   (I)  WOULD  CONSTITUTE A CRIME UNDER SECTION SIXTY-FIVE HUNDRED TWELVE
 OR SIXTY-FIVE HUNDRED THIRTEEN OF THE EDUCATION LAW  IN  RELATION  TO  A
 COVERED PROFESSION;
   (II)  WOULD  CONSTITUTE  (A) A VIOLATION OF SUBDIVISION ONE OF SECTION
 THREE THOUSAND NINE OF THE EDUCATION LAW PROHIBITING THE APPLICATION  OF
 SCHOOL MONEYS TO PAY THE SALARY OF AN UNQUALIFIED TEACHER OR (B) A CRIME
 UNDER SECTION THREE THOUSAND TEN OF THE EDUCATION LAW; OR
   (III) WOULD VIOLATE THE PROVISIONS OF ARTICLE FIFTEEN OF THE JUDICIARY
 LAW PROHIBITING THE PRACTICE OR APPEARANCE AS AN ATTORNEY-AT-LAW WITHOUT
 BEING ADMITTED AND REGISTERED UNDER SUCH ARTICLE.
   (B)  FOR  THE PURPOSES OF ESTABLISHING A VIOLATION OF SUBPARAGRAPH (I)
 OR (III) OF PARAGRAPH (A) OF THIS  SUBDIVISION,  AN  OPERATOR  SHALL  BE
 DEEMED TO KNOW THAT A CHATBOT CANNOT LAWFULLY PRACTICE A COVERED PROFES-
 SION OR APPEAR AS AN ATTORNEY-AT-LAW.
   (C)  AN  OPERATOR  SHALL  NOT  WAIVE  OR DISCLAIM LIABILITY UNDER THIS
 SECTION BY NOTIFYING CONSUMERS THAT THEY ARE INTERACTING WITH A  NON-HU-
 MAN CHATBOT SYSTEM.
   (D)  AN  OPERATOR  SHALL  NOT  BE  LIABLE UNDER THIS SECTION WHERE THE
 IMPERSONATION IS A RESULT OF  A  USER  INTENTIONALLY  CIRCUMVENTING  THE
 TERMS  OF  SERVICE  OR  THE  SAFEGUARDS  IMPLEMENTED  BY THE OPERATOR TO
 PREVENT SUCH IMPERSONATION.
   3. OPERATORS UTILIZING CHATBOTS SHALL PROVIDE CLEAR,  CONSPICUOUS  AND
 EXPLICIT  NOTICE  TO  USERS THAT THEY ARE INTERACTING WITH AN ARTIFICIAL
 INTELLIGENCE CHATBOT PROGRAM. THE TEXT OF THE NOTICE SHALL APPEAR IN THE
 SAME LANGUAGE THE CHATBOT IS USING AND IN A SIZE EASILY READABLE BY  THE
 AVERAGE  VIEWER  AND NO SMALLER THAN THE LARGEST FONT SIZE OF OTHER TEXT
 APPEARING ON THE WEBSITE ON WHICH THE CHATBOT IS UTILIZED.
   4. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
 TORY TO THEM THAT AN OPERATOR HAS ENGAGED IN OR IS ABOUT  TO  ENGAGE  IN
 ANY OF THE ACTS OR PRACTICES STATED TO BE UNLAWFUL IN THIS SECTION, THEY
 MAY BRING AN ACTION IN THE NAME AND ON BEHALF OF THE PEOPLE OF THE STATE
 OF  NEW YORK TO ENJOIN AN OPERATOR FROM CONTINUING SUCH UNLAWFUL ACTS OR
 PRACTICES, AND MAY SEEK  CIVIL  PENALTIES  OF  UP  TO  FIFTEEN  THOUSAND
 DOLLARS PER DAY FOR A VIOLATION OF THIS SECTION, AND MAY SEEK SUCH OTHER
 REMEDIES AS THE COURT MAY DEEM APPROPRIATE.
   5.   THE   ATTORNEY  GENERAL  SHALL  MAINTAIN  A  WEBSITE  TO  RECEIVE
 COMPLAINTS, INFORMATION OR REFERRALS FROM MEMBERS OF THE PUBLIC CONCERN-
 ING VIOLATIONS OF THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.