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 -1- HF 2507.3944 (1) 91 (amending this HF 2507 to CONFORM to SF 2417) dg/jh 1/ 4 #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 -2- HF 2507.3944 (1) 91 (amending this HF 2507 to CONFORM to SF 2417) dg/jh 2/ 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 2507.3944 (1) 91 (amending this HF 2507 to CONFORM to SF 2417) dg/jh 3/ 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