New York · Senate Bill · 2023–2024 Regular Session
SB9450
New York SB 9450-A — An Act to amend the general business law, in relation to requiring warnings on generative artificial intelligence systems

Status ● Failed Effective N/A Passage Likelihood L

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
Civil penalty assessed against the owner, licensee, or operator. No designated agency enforcer is named in the bill text. No private right of action is created.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
Civil penalty of the lesser of $25 per user of the system or $100,000. Each calendar year during which a violation continues constitutes a separate violation. No injunctive relief, attorney fees, or private damages are specified.

What This Bill Requires

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text
Analysis & Obligations
Gen. Bus. Law § 399-zzzzzz(1)
Definitions

(1)(a)–(b) 1. As used in this section the following terms shall have the following meanings: (a) "Generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" shall mean any artificial intelligence system whose primary function is to generate content, which can take the form of code, text, images, and more.Gen. Bus. Law § 399-zzzzzz(1)(a)" shall mean any artificial intelligenceArtificial intelligence"Artificial intelligence" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action. This definition includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative AI.Gen. Bus. Law § 399-zzzzzz(1)(b) system whose primary function is to generate content, which can take the form of code, text, images, and more. (b) "Artificial intelligenceArtificial intelligence"Artificial intelligence" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action. This definition includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative AI.Gen. Bus. Law § 399-zzzzzz(1)(b)" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligenceArtificial intelligence"Artificial intelligence" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action. This definition includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative AI.Gen. Bus. Law § 399-zzzzzz(1)(b) systems use machine- and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action. This definition includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative AI.

Subdivision 1 establishes the two definitions that set the scope of the bill: generative artificial intelligence system and artificial intelligence. The generative AI system definition is notably broad, encompassing any AI system whose primary function is to generate content in any form — code, text, images, or otherwise. The underlying AI definition tracks closely with the NIST-derived definition used in several other state bills and federal frameworks.

Gen. Bus. Law § 399-zzzzzz(2)
Warning display requirement
Deployer

(2) 1 The owner, licensee or operator of a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" shall mean any artificial intelligence system whose primary function is to generate content, which can take the form of code, text, images, and more.Gen. Bus. Law § 399-zzzzzz(1)(a) shall conspicuously display a warning on the system's user interface that is reasonably calculated to consistently apprise the user that the outputs of the generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" shall mean any artificial intelligence system whose primary function is to generate content, which can take the form of code, text, images, and more.Gen. Bus. Law § 399-zzzzzz(1)(a) may be inaccurate and/or inappropriate.

Subdivision 2 imposes the bill's core obligation: the owner, licensee, or operator of a generative AI system must conspicuously display a warning on the system's user interface. The warning must be reasonably calculated to consistently apprise the user that the system's outputs may be inaccurate and/or inappropriate. The bill does not prescribe verbatim warning language, leaving operators discretion in crafting the disclosure provided it meets the conspicuousness and reasonable-calculation standards.

This obligation is distinct from AI identity disclosure requirements found in other state bills (e.g., California SB 243's disclosure that the user is interacting with AI). Here the focus is on output reliability — warning users that content may be wrong or unsuitable — rather than on the AI nature of the interlocutor.

Compliance actions 1 item
1
Owners, licensees, or operators of generative AI systems must conspicuously display a warning on the system's user interface that is reasonably calculated to consistently apprise the user that the system's outputs may be inaccurate and/or inappropriate.
S-02.10
Gen. Bus. Law § 399-zzzzzz(3)
Civil penalty for failure to warn

(3) 2 Where such owner, licensee or operator of a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" shall mean any artificial intelligence system whose primary function is to generate content, which can take the form of code, text, images, and more.Gen. Bus. Law § 399-zzzzzz(1)(a) fails to provide the warning required in subdivision two of this section, such owner, licensee or operator shall be assessed a civil penalty of the lesser of twenty-five dollars per user of such system or one hundred thousand dollars. Each calendar year during which a violation continues shall constitute a separate violation.

Subdivision 3 establishes the enforcement mechanism: a civil penalty of the lesser of $25 per user or $100,000 for failure to display the required warning. Each calendar year during which a violation continues constitutes a separate violation, creating a recurring annual liability. The bill does not designate an enforcing agency, does not create a private right of action, and does not specify injunctive relief or attorney fee recovery.

Passage Likelihood

Failed
Status Failed
Final action ordered to third reading rules cal.512

Legislative History

2024-05-15 REFERRED TO INTERNET AND TECHNOLOGY
2024-05-21 1ST REPORT CAL.1407
2024-05-22 2ND REPORT CAL.
2024-05-23 ADVANCED TO THIRD READING
2024-06-03 AMENDED ON THIRD READING 9450A
2024-06-06 PASSED SENATE
2024-06-06 DELIVERED TO ASSEMBLY
2024-06-06 referred to ways and means
2024-06-06 substituted for a10103b
2024-06-06 ordered to third reading rules cal.512

Entry Last Reviewed

2026-05-20
AI generated