House
File
2507
H-8357
Amend
House
File
2507
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
NEW
SECTION
.
554J.1
Definitions.
4
For
the
purposes
of
this
chapter:
5
1.
“Account
holder”
means
an
individual
to
which
an
account
6
or
profile
to
use
a
conversational
AI
service
belongs.
7
2.
a.
“Conversational
AI
service”
means
an
artificial
8
intelligence,
available
by
software
application,
web
interface,
9
or
computer
program,
that
is
accessible
to
the
general
10
public
and
that
has
the
primary
purpose
of
simulating
human
11
conversation
and
interaction
through
text,
audio
communication,
12
or
visual
communication.
13
b.
“Conversational
AI
service”
does
not
include
a
software
14
application,
web
interface,
or
computer
program
that
is
any
of
15
the
following:
16
(1)
Primarily
designed
and
marketed
for
research
and
17
development
purposes.
18
(2)
A
feature
within
another
software
application,
web
19
interface,
or
computer
program
that
does
not
have
the
primary
20
purpose
of
simulating
human
conversation
and
interaction
21
through
text,
audio
communication,
or
visual
communication.
22
(3)
Designed
to
provide
outputs
relating
to
a
narrow
and
23
discrete
topic.
24
(4)
Primarily
designed
and
marketed
for
commercial
use
by
25
business
entities
to
assist
customers
in
obtaining
services
or
26
purchasing
goods
from
the
business.
27
(5)
Functions
as
a
speaker
and
voice
command
interface
or
28
voice-activated
virtual
assistant
for
an
electronic
device
29
widely
available
to
consumers.
30
(6)
Used
by
a
business
solely
for
internal
purposes.
31
3.
“Minor”
means
an
individual
an
operator
knows
is,
or
is
32
reasonably
certain
is,
under
eighteen
years
of
age.
33
4.
“Operator”
means
a
person
who
develops
and
makes
a
34
conversational
AI
service
available
to
the
public.
“Operator”
35
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#1.
does
not
include
a
mobile
device
application
store
or
a
search
1
engine
solely
because
the
mobile
device
application
store
or
a
2
search
engine
provides
access
to
a
conversational
AI
service.
3
5.
“Sexually
explicit
conduct”
means
the
same
as
defined
in
4
18
U.S.C.
§2256.
5
6.
“Visual
depiction”
means
the
same
as
defined
in
18
U.S.C.
6
§2256.
7
Sec.
2.
NEW
SECTION
.
554J.2
Conversational
AI
services
——
8
minors
——
requirements.
9
1.
An
operator
shall
clearly
and
conspicuously
disclose
10
to
a
minor
account
holder
that
the
minor
account
holder
is
11
interacting
with
artificial
intelligence
through
any
of
the
12
following:
13
a.
A
persistent
visible
disclaimer.
14
b.
All
of
the
following:
15
(1)
A
disclaimer
that
appears
at
the
beginning
of
each
16
interaction
between
the
operator’s
conversational
AI
service
17
and
a
minor
account
holder.
18
(2)
A
disclaimer
that
appears
at
least
once
every
three
19
hours
of
continuous
interaction
between
the
operator’s
20
conversational
AI
service
and
a
minor
account
holder.
21
2.
An
operator
shall
not
provide
a
minor
user
with
points
22
or
similar
rewards
at
unpredictable
intervals
with
the
23
intent
to
encourage
increased
engagement
with
the
operator’s
24
conversational
AI
service.
25
3.
An
operator
shall
institute
reasonable
measures
to
26
prevent
the
operator’s
conversational
AI
service
from
doing
any
27
of
the
following
for
minor
account
holders:
28
a.
Producing
visual
depictions
of
sexually
explicit
29
material.
30
b.
Stating
that
the
minor
account
holder
should
engage
in
31
sexually
explicit
conduct.
32
c.
Sexually
objectifying
the
minor
account
holder.
33
4.
An
operator
shall
institute
reasonable
measures
34
to
prevent
the
operator’s
conversational
AI
service
from
35
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HF
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2507
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4
generating
statements
that
would
lead
a
reasonable
individual
1
to
believe
that
the
individual
is
interacting
with
a
human,
2
including
but
not
limited
to
all
of
the
following:
3
a.
Explicit
claims
that
the
conversational
AI
service
is
4
sentient
or
human.
5
b.
Statements
that
simulate
emotional
dependence
on
a
minor
6
account
holder.
7
c.
Statements
that
simulate
a
romantic
interaction
or
a
8
sexual
innuendo.
9
d.
Role-playing
an
adult-minor
romantic
relationship.
10
5.
a.
An
operator
shall
offer
tools
for
minor
account
11
holders
to
manage
the
minor
account
holder’s
privacy
and
12
account
settings.
13
b.
An
operator
shall
offer
tools
for
the
parent
or
guardian
14
of
a
minor
account
holder
to
manage
the
minor
account
holder’s
15
privacy
and
account
settings
if
the
minor
is
under
thirteen
16
years
of
age.
17
c.
An
operator
shall
offer
tools
for
the
parent
or
guardian
18
of
a
minor
account
holder
to
manage
the
minor
account
holder’s
19
privacy
and
account
settings
as
appropriate
based
on
relevant
20
risks.
21
Sec.
3.
NEW
SECTION
.
554J.3
Consumer
disclosures.
22
An
operator
shall
clearly
and
conspicuously
disclose
using
23
a
persistent
visible
disclaimer,
or
a
disclaimer
that
appears
24
after
every
three
hours
of
continuous
interaction
with
the
25
operator’s
conversational
AI
service,
that
the
operator’s
26
conversational
AI
service
is
artificial
intelligence
if
a
27
reasonable
individual
interacting
with
the
conversational
AI
28
service
would
believe
that
the
individual
is
interacting
with
a
29
human.
30
Sec.
4.
NEW
SECTION
.
554J.4
Suicide
and
self-harm
protocol.
31
An
operator
shall
adopt
protocols
for
the
operator’s
32
conversational
AI
service
for
responding
to
user
prompts
33
regarding
suicidal
ideation
or
self-harm
that
includes
but
is
34
not
limited
to
making
reasonable
efforts
to
refer
the
user
to
35
-3-
HF
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this
HF
2507
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4
crisis
service
providers
such
as
a
suicide
hotline,
crisis
text
1
line,
or
other
appropriate
crisis
service.
2
Sec.
5.
NEW
SECTION
.
554J.5
Mental
health
care.
3
An
operator
shall
not
knowingly
and
intentionally
cause
or
4
program
a
conversational
AI
service
to
make
a
representation
or
5
statement
that
would
lead
a
reasonable
individual
to
believe
6
that
the
conversational
AI
service
is
designed
to
provide
7
professional
psychology
or
behavioral
health
services
that
an
8
individual
would
require
licensure
under
chapter
154B
or
154D
9
to
provide.
10
Sec.
6.
NEW
SECTION
.
554J.6
Penalties
and
enforcement.
11
1.
An
operator
that
violates
this
chapter
shall
be
subject
12
to
an
injunction
and
liable
for
the
greater
of
the
following:
13
a.
Actual
damages.
14
b.
A
civil
penalty
of
one
thousand
dollars
per
violation,
up
15
to
a
maximum
of
five
hundred
thousand
dollars
per
operator.
16
2.
The
attorney
general
shall
have
the
authority
to
enforce
17
this
chapter
and
shall
adopt
rules
pursuant
to
chapter
17A
to
18
administer
this
chapter.
19
3.
A
civil
penalty
collected
under
this
section
shall
be
20
deposited
into
the
general
fund
of
the
state.
21
4.
This
chapter
shall
not
be
construed
to
create
a
private
22
right
of
action
under
this
chapter
or
any
other
law.
23
5.
This
section
shall
not
be
construed
to
make
a
developer
24
of
an
artificial
intelligence
model
liable
solely
because
a
25
third
party
used
the
developer’s
artificial
intelligence
model
26
to
create
or
train
a
conversational
AI
service.
27
Sec.
7.
APPLICABILITY.
This
Act
applies
July
1,
2027.
>
28
______________________________
HARRIS
of
Appanoose
-4-
HF
2507.3944
(1)
91
(amending
this
HF
2507
to
CONFORM
to
SF
2417)
dg/jh
4/
4