S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7592--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               July 7, 2023
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the Committee on Elections in accordance with Senate Rule 6, sec. 8 --
   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
 STATEMENT: "THIS COMMUNICATION WAS GENERATED USING  ARTIFICIAL  INTELLI-
 GENCE".
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11856-03-4
              

 S. 7592--A                          2
 
   (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.