H.F. _____ Section 1. NEW SECTION . 554J.1 Definitions. 1 1. “Artificial intelligence” means a machine-based system 2 that, for any explicit or implicit objective, infers from the 3 input the system receives to generate output that can influence 4 physical or virtual environments. 5 2. “Chatbot” means an artificial intelligence that interacts 6 with users by simulating human conversation. 7 3. “Deployer” means a person that owns an artificial 8 intelligence available for public use. 9 4. “Minor” means an individual who is under eighteen years 10 of age. 11 5. “Output” means new content an artificial intelligence 12 generates based on a user’s input in relation to the data used 13 to train the artificial intelligence. “Output” includes but 14 is not limited to audio-visual media, images, predictions, 15 recommendations, and text. 16 6. “Reasonable age verification” means verifying the age of 17 a user through any of the following: 18 a. Government-issued identification. 19 b. Financial documents that are reliable evidence of an 20 individual’s age. 21 c. A widely accepted practice that reliably evidences an 22 individual’s age. 23 Sec. 2. NEW SECTION . 554J.2 Chatbots —— general deployer 24 requirements. 25 A deployer of a chatbot shall do all of the following: 26 1. Implement and maintain protocols meant to detect, 27 respond to, report, and mitigate harm the chatbot may cause a 28 user in a manner that prioritizes the safety and well-being of 29 users over the deployer’s interests. 30 2. Limit the collection and storage of user information 31 collected by the chatbot to what is necessary to fulfill the 32 deployer’s purpose for making the chatbot publicly available. 33 Sec. 3. NEW SECTION . 554J.3 Chatbot interactions with 34 minors. 35 -1- LSB 5402YC (2) 91 dg/jh 1/ 4

H.F. _____ 1. A deployer shall implement reasonable age verification 1 measures to ensure that a minor cannot use or purchase a 2 chatbot the deployer makes publicly available. 3 2. Notwithstanding subsection 1, a deployer may make a 4 chatbot available for a minor’s use or purchase if all of the 5 following apply: 6 a. The chatbot was designed for the primary purpose of 7 providing mental health support, counseling, or therapy by 8 diagnosing, treating, mitigating, or preventing a mental health 9 condition. 10 b. The chatbot provides a clear and conspicuous disclaimer 11 at the beginning of each interaction with the chatbot that the 12 chatbot is an artificial intelligence and is not a licensed 13 professional. 14 c. The chatbot was recommended for the minor’s use by an 15 individual licensed under chapter 154B or 154D after performing 16 an evaluation of the minor. 17 d. The chatbot’s developer has significant documentation of 18 how the chatbot was tested. 19 e. Peer-reviewed clinical trial data exists demonstrating 20 the chatbot would be a safe, effective tool for the minor’s 21 diagnosis, treatment, mitigation, or prevention of a mental 22 health condition. 23 f. The chatbot’s deployer provided clear disclosures of the 24 chatbot’s functions, limitations, and data privacy policies to 25 the individual recommending the chatbot under paragraph “c” , 26 and to the minor’s parents, guardians, or custodians. 27 g. The chatbot’s deployer developed and implemented 28 protocols for testing the chatbot for risks to users, 29 identifying possible risks the chatbot poses to users, 30 mitigating risks the chatbot poses to users, and quickly 31 rectifying harm the chatbot may have caused a user. 32 Sec. 4. NEW SECTION . 554J.4 Enforcement. 33 1. The attorney general may bring an action on behalf of the 34 state to enforce the provisions of this chapter and may seek an 35 -2- LSB 5402YC (2) 91 dg/jh 2/ 4

H.F. _____ injunction for violations of this chapter. 1 2. a. A court may issue a civil penalty of not more than 2 two thousand five hundred dollars for each violation of this 3 chapter, or seven thousand five hundred dollars if a person 4 violates an injunction issued under this chapter. 5 b. Penalties assessed under this subsection shall be 6 deposited into the general fund of the state. 7 3. The parent, guardian, or custodian of a minor who uses 8 a chatbot that does not comply with this chapter may bring an 9 action to recover a civil penalty of not less than one hundred 10 dollars but not more than seven hundred fifty dollars or actual 11 damages, whichever is greater. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to chatbots. 16 The bill defines “artificial intelligence” as a 17 machine-based system that, for any explicit or implicit 18 objective, infers from the input the system receives to 19 generate output that can influence physical or virtual 20 environments. 21 The bill defines “chatbot” as an artificial intelligence 22 that interacts with users by simulating human conversation. 23 The bill defines “deployer” as a person that owns an 24 artificial intelligence available for public use. 25 The bill also defines “minor”, “output”, and “reasonable age 26 verification”. 27 The bill requires a deployer of a chatbot to implement 28 and maintain protocols meant to detect, respond to, report, 29 and mitigate harm the chatbot may cause a user in a manner 30 that prioritizes the safety and well-being of users over the 31 deployer’s interests, and limit the collection and storage of 32 user information collected by the chatbot to what is necessary 33 to fulfill the deployer’s purpose for making the chatbot 34 publicly available. 35 -3- LSB 5402YC (2) 91 dg/jh 3/ 4

H.F. _____ The bill requires a deployer to implement reasonable age 1 verification measures to ensure that a minor cannot use or 2 purchase a chatbot the deployer makes publicly available. 3 However, the bill permits a deployer to make a chatbot 4 available for a minor’s mental health support, counseling, or 5 therapy if the chatbot meets certain requirements as detailed 6 in the bill. 7 The bill allows the attorney general to bring an action on 8 behalf of the state to enforce the bill’s provisions and seek 9 an injunction for violations of the bill. A court may issue a 10 civil penalty of not more than $2,500 for each violation of the 11 bill, or $7,500 if a person violates an injunction issued under 12 the bill. Penalties awarded to the state under the bill shall 13 be deposited into the general fund of the state. 14 The bill allows a parent, guardian, or custodian of a minor 15 who uses a chatbot that does not comply with the bill to bring 16 an action to recover a civil penalty of not less than $100 but 17 not more than $750 or actual damages, whichever is greater. 18 -4- LSB 5402YC (2) 91 dg/jh 4/ 4