|
REFERENCE TITLE: artificial intelligence service; disclosures; requirements |
|
State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
|
|
HB 2311 |
|
|
|
Introduced by Representative Rivero
|
AN ACT
amending title 18, Arizona Revised Statutes, by adding chapter 8; relating to information technology.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 18, Arizona Revised Statutes, is amended by adding chapter 8, to read:
CHAPTER 8
ARTIFICIAL INTELLIGENCE
ARTICLE 1. GENERAL PROVISIONS
18-801. Definitions
In this chapter, unless the text otherwise requires:
1. "Account holder" means an individual who has, or opens, an account or profile to use a conversational AI service.
2. "Conversational AI service":
(a) Means an artificial intelligence software application, web interface or computer program that is accessible to the general public and that primarily simulates human conversation and interaction through textual, visual or aural communications.
(b) Does not include an application, web interface or computer program that meets any of the following:
(i) Is primarily designed and marketed for use by developers or researchers.
(ii) Is a feature within another software application, web interface or computer program that is not a conversational AI service.
(iii) Is designed to provide outputs relating to a narrow and discrete topic.
(iv) Is primarily designed and marketed for commercial use by business entities.
(v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device.
(vi) Is used by a business solely for internal purposes.
3. "Individual" means a natural person.
4. "Minor" means an individual under circumstances in which an operator has actual knowledge or reasonable certainty that the individual is under eighteen years of age.
5. "Minor account holder" means an account holder who is a minor.
6. "Operator":
(a) Means a person that develops and makes available a conversational AI service to the public.
(b) Does not include a mobile application store or search engine solely because the application or engine provides access to a conversational AI service.
7. "Person" means a natural person or legal entity.
8. "Sexual conduct" has the same meaning prescribed in section 13-3551.
9. "Visual depiction" has the same meaning prescribed in section 13-3551.
18-802. Artificial intelligence; consumer notices and disclosures; prohibited uses of artificial intelligence service; safety and privacy tools; civil penalty; enforcement by attorney general
A. Each operator shall clearly and conspicuously disclose to a minor account holder in either of the following ways that the minor is interacting with artificial intelligence:
1. As a persistent visible disclaimer.
2. At the beginning of each session and appearing at least every three hours in a continuous conversational AI service interaction.
B. If an operator knows or has reasonable certainty that an account holder is a minor, the operator may not provide the user with points or similar rewards at unpredictable intervals with the intent to encourage increased engagement with the conversational AI service.
C. Each operator shall institute reasonable measures to prevent the conversational AI service from doing any of the following for minor account holders:
1. Producing visual material of sexual conduct.
2. Generating direct statements that the account holder should engage in sexual conduct.
3. Generating statements that sexually objectify the account holder.
D. For minor account holders, the operator shall institute reasonable measures to prevent the conversational AI service from generating statements that would lead a reasonable person to believe that the person is interacting with a human, including any of the following:
1. Explicit claims that the conversational AI service is sentient or human.
2. Statements that simulate emotional dependence.
3. Statements that simulate romantic or sexual innuendos.
4. Role-playing of adult-minor romantic relationships.
E. If a reasonable person would be misled to believe that the person is interacting with a human, an operator shall clearly and conspicuously disclose that the conversational AI service is artificial intelligence.
F. Each operator shall offer tools for minor account holders and, if the account holder is under thirteen years of age, the account holder's parent or guardian, to manage the account holder's privacy and account settings. An operator shall also offer related tools to the parent or guardian of a minor account holder who is thirteen years of age or above, as appropriate based on relevant risks.
G. Each operator shall adopt a protocol for the conversational AI service to respond to a user prompt regarding suicidal ideation or self-harm, including making reasonable efforts to provide a response to the user that refers the user to crisis service providers such as a suicide hotline, crisis text line or other appropriate crisis service.
H. An operator shall not knowingly and intentionally cause or program a conversational AI service to make any representation or statement that explicitly indicates that the conversational AI service is designed to provide professional mental or behavioral health care.
I. An operator that violates this chapter is subject to an injunction and is liable for the greater of either:
1. Actual damages.
2. Civil penalties of $1,000 per violation, not to exceed $500,000 per operator.
J. A violation of this section is punishable by a civil penalty, to be sought by the attorney general only. this section does not create a private right of action to enforce this section or to support a private right of action under any other law.
K. This section does not create liability for the developer of an artificial intelligence model for any violation of this section by an artificial intelligence system that is developed by a third party to provide a conversational AI service.
Sec. 2. Effective date
Title 18, chapter 8, Arizona Revised Statutes, as added by this act, is effective from and after September 30, 2027.