S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7904--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 19, 2023
                                ___________
 
 Introduced by M. of A. VANEL, HYNDMAN, SIMON, JACKSON, ZACCARO, SEPTIMO,
   GLICK  --  Multi-Sponsored  by  -- M. of A. LEVENBERG -- read once and
   referred to the Committee  on  Election  Law  --  recommitted  to  the
   Committee  on  Election Law in accordance with Assembly Rule 3, sec. 2
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN ACT to amend the election law, in relation to requiring disclosure of
   the use of artificial intelligence in political communications
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 14-106 of the election law is amended by  adding  a
 new subdivision 5 to read as follows:
   5.  (A) ANY POLITICAL COMMUNICATION, REGARDLESS OF WHETHER SUCH COMMU-
 NICATION IS CONSIDERED A SUBSTANTIAL OR NOMINAL EXPENDITURE,  THAT  USES
 AN  IMAGE  OR  VIDEO FOOTAGE THAT WAS GENERATED IN WHOLE OR IN PART WITH
 THE USE OF ARTIFICIAL INTELLIGENCE, AS DEFINED BY  THE  STATE  BOARD  OF
 ELECTIONS,  SHALL  BE  REQUIRED TO DISCLOSE THAT ARTIFICIAL INTELLIGENCE
 WAS USED IN SUCH COMMUNICATION IN ACCORDANCE WITH PARAGRAPHS  (B),  (C),
 AND  (D)  OF THIS SUBDIVISION.  ANY FAILURE TO DISCLOSE SUCH INFORMATION
 SHALL RESULT IN A FINE EQUAL TO THE AMOUNT  EXPENDED  ON  SUCH  COMMUNI-
 CATION.
   (B) FOR PRINTED OR DIGITAL POLITICAL COMMUNICATIONS, INCLUDING BUT NOT
 LIMITED  TO  BROCHURES, FLYERS, POSTERS, MAILINGS, OR INTERNET ADVERTIS-
 ING, THE DISCLOSURE REQUIRED UNDER PARAGRAPH  (A)  OF  THIS  SUBDIVISION
 SHALL  BE  PRINTED  OR  TYPED  IN AN APPROPRIATE LEGIBLE FORM TO READ AS
 FOLLOWS:  "THIS COMMUNICATION WAS GENERATED  USING  ARTIFICIAL  INTELLI-
 GENCE".
   (C)  FOR  NON-PRINTED  AND  NON-DIGITAL  POLITICAL COMMUNICATIONS, THE
 DISCLOSURE REQUIRED UNDER PARAGRAPH (A) OF THIS SUBDIVISION SHALL CLEAR-
 LY AND PROMINENTLY DISPLAY AND/OR  VERBALLY  COMMUNICATE  THE  FOLLOWING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11856-04-4
 A. 7904--A                          2
              

 
 STATEMENT:  "THIS  COMMUNICATION WAS GENERATED USING ARTIFICIAL INTELLI-
 GENCE".
   (D) FOR POLITICAL COMMUNICATIONS THAT ARE NOT VISUAL, SUCH AS RADIO OR
 AUTOMATED  TELEPHONE  CALLS, THE DISCLOSURE REQUIRED UNDER PARAGRAPH (A)
 OF THIS SUBDIVISION SHALL CLEARLY  VERBALLY  COMMUNICATE  THE  FOLLOWING
 STATEMENT:  "THIS  COMMUNICATION WAS GENERATED USING ARTIFICIAL INTELLI-
 GENCE".
   § 2. Section 3-102 of the election law is  amended  by  adding  a  new
 subdivision 19 to read as follows:
   19.  ISSUE  INSTRUCTIONS AND PROMULGATE RULES AND REGULATIONS RELATING
 TO:   (A) CRITERIA FOR DETERMINING  WHETHER  A  POLITICAL  COMMUNICATION
 CONTAINS AN IMAGE OR VIDEO FOOTAGE CREATED THROUGH GENERATIVE ARTIFICIAL
 INTELLIGENCE;  AND  (B)  A DEFINITION OF CONTENT GENERATED BY ARTIFICIAL
 INTELLIGENCE THAT CONSIDERS CURRENT AND FUTURE USES OF ARTIFICIAL INTEL-
 LIGENCE AND SIMILAR TECHNOLOGIES THAT HAVE A HIGH RISK FOR USE IN CREAT-
 ING AND SPREADING MISINFORMATION  OR  DISINFORMATION  ABOUT  CANDIDATES,
 ELECTIONS, AND ISSUES OF CONCERN TO THE STATE OF NEW YORK.
   §  3.  This act shall take effect immediately; provided, however, that
 the provisions of section two of this act shall take effect on  the  one
 hundred twentieth day after it shall have become a law.