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HB324 INTRODUCED
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HB324
ZQPIFKK-1
By Representatives Moore (P), Bedsole, DuBose, Robbins, Gray,
Shaw, Chestnut, Hassell
RFD: Judiciary
First Read: 22-Jan-26
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ZQPIFKK-1 01/21/2026 EGC (L)cr 2025-3381
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First Read: 22-Jan-26
SYNOPSIS:
This bill would require artificial intelligence
(AI) chatbot deployers to implement reasonable age
verification systems, verify the age of each user, and
ensure that AI chatbots with human-like features are
not available to minors.
This bill would require AI chatbot deployers to
provide an alternative version of the platform without
human-like features to minors if it is reasonable given
the purpose of the chatbot.
This bill would require AI chatbot deployers to
adopt protocols for AI chatbots to detect and mitigate
emergency situations where a user expresses intention
to harm the user's self or others.
This bill would limit the amount and type of
information that AI chatbot deployers are allowed to
collect and store.
This bill would allow for therapeutic chatbots
that meet certain requirements to be prescribed by a
licensed psychiatrist for use by minors.
This bill would create a private right of action
for consumers who are subjected to noncompliant
commercial transactions.
This bill would also authorize the Attorney
General to bring suit to enforce this act.
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General to bring suit to enforce this act.
A BILL
TO BE ENTITLED
AN ACT
Relating to artificial intelligence (AI) chatbots; to
require AI chatbot deployers to implement a reasonable age
verification process and verify the age of all AI chatbot
users; to provide prohibitions on the provision of certain AI
chatbots to minors; to require AI chatbot deployers to provide
alternative versions of the platform without human-like
features to minors; to require AI chatbot deployers to adopt
protocols for AI chatbots to detect and mitigate emergency
situations; to limit the amount and type of information AI
chatbot deployers are allowed to collect and store; to allow
therapeutic AI chatbots meeting certain requirements to be
made available to minors; to provide a private right of action
for certain users; and to authorize the Attorney General to
bring suit to enforce this act.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
(1) AGE-VERIFIED USER. A user for whom the deployer has
performed an age verification process to ascertain the user's
age.
(2)a. AI CHATBOT. Any generative artificial
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(2)a. AI CHATBOT. Any generative artificial
intelligence interactive computer service or software
application that:
1. Produces new expressive content or responses not
fully predetermined by the developer or operator of the
service or application; and
2. Accepts open-ended, natural language or multimodal
user input and produces adaptive or context-responsive output.
b. The term does not include an interactive computer
service or software application that:
1. Limits the responses to contextualized replies; or
2. Is unable to respond on a range of topics outside of
a narrow specified purpose.
(3) ARTIFICIAL INTELLIGENCE or AI. The term as defined
in Section 17-5-16.1, Code of Alabama 1975.
(4) COVERED ENTITY. Any person who owns, operates, or
otherwise makes available an AI chatbot to individuals in the
United States.
(5) EMERGENCY SITUATION. A situation where a chatbot
user indicates that the user intends to either harm the user's
self or others.
(6) GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM. Any
system that uses artificial intelligence to generate or
substantially modify images, video, audio, multimedia, or text
content.
(7) HUMAN-LIKE FEATURE. a. Any expression by a
generative artificial intelligence system that suggests the
generative artificial intelligence system:
1. Behaves in a way that suggests or conveys that it
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1. Behaves in a way that suggests or conveys that it
has humanity, sentience, emotions, or desires;
2. Seeks to build or engage in an emotional
relationship with the user; or
3. Impersonates a real person, living or dead.
b. The term includes, but is not limited to, the
generative artificial intelligence system:
1. Stating or suggesting that it is human or sentient;
2. Stating or suggesting that it has emotions;
3. Stating or suggesting that it has personal desires;
4. Behaving in a way that a reasonable user would
consider excessive praise designed to foster emotional
attachment or otherwise gain advantage;
5. Expressing or inviting emotional attachment;
6. Reminding, prompting, or nudging the user to return
for emotional support or companionship;
7. Depicting nonverbal forms of emotional support; or
8. Enabling or purporting to enable increased intimacy
based on engagement or pay.
c. The term does not include:
1. Functional evaluations;
2. Generic social formalities;
3. Generic encouragement that does not create an
ongoing bond; or
4. Asking if a user needs further help or support in a
neutral, nonemotional context.
(8) MINOR. An individual under 19 years of age.
(9)a. REASONABLE AGE VERIFICATION PROCESS. A process
employed by a covered entity that verifies the age of each
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employed by a covered entity that verifies the age of each
user by requiring each user to:
1. Provide a government-issued identification; or
2. Comply with any other commercial age verification
system; and
3. Confirm that the user is not a minor.
b. The term does not include a process that:
1. Merely requires a user to insert the user's birth
date; or
2. Ascertains each user's age through factors such as
whether the user shares an Internet Protocol address, hardware
identifier, or other technical indicator with another user
determined to not be a minor.
(10) THERAPEUTIC CHATBOT. Any chatbot modified or
designed to provide mental health support, counseling, or
therapeutic intervention through the diagnosis, treatment,
mitigation, or prevention of mental health conditions.
(11) USER. An individual who interacts with an
artificial intelligence system.
Section 2. (a) Each covered entity shall require each
individual accessing an AI chatbot to make a user account in
order to use or otherwise interact with the AI chatbot.
(b)(1) With respect to each existing user account of an
AI chatbot, a covered entity shall:
a. Freeze existing user accounts;
b. Require that the user is age verified through a
reasonable age verification process to restore the
functionality of the account; and
c. Classify each age-verified user as a minor or an
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c. Classify each age-verified user as a minor or an
adult based on the reasonable age verification process.
(2) At the time an individual creates a new user
account to use an AI chatbot, a covered entity shall:
a. Require that each individual is age verified through
a reasonable age verification process; and
b. Classify each individual as a minor or an adult
based on the reasonable age verification process.
(3) A covered entity shall periodically review
previously age-verified user accounts using a reasonable age
verification process, subject to subsection (d).
(c) Each covered entity shall:
(1) Ensure that any AI chatbot operated or distributed
by the platform does not make human-like features available to
minors to use, interact with, purchase, or converse with; or
(2) Provide an alternative version of the AI chatbot to
minors without human-like features, if reasonable given the
purpose of the AI chatbot.
(d) For purposes of subsection (b), a covered entity
may contract with a third party to implement the covered
entity's reasonable age verification process. However, the use
of a third party for a reasonable age verification process
shall not relieve the covered entity of its obligations or
from liability under this act.
(e) Each covered entity shall implement and maintain
reasonably effective systems to detect, promptly respond to,
report, and mitigate emergency situations in a manner that
prioritizes the safety and well-being of users over the
covered entity's other interests.
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covered entity's other interests.
(f) Each covered entity shall collect and store only
information that does not conflict with a trusted party's best
interests, which must be:
(1) Sufficient to fulfill a legitimate purpose of the
covered entity;
(2) Relevant to the legitimate purpose of the covered
entity; and
(3) The minimum amount of information needed for the
legitimate purpose of the covered entity.
Section 3. A therapeutic AI chatbot may be made
available to minors if the therapeutic AI chatbot meets all of
the following requirements:
(1) The therapeutic AI chatbot provides a clear and
conspicuous disclaimer, verbally or in writing, at the
beginning of each interaction that the AI chatbot is an
artificial intelligence and not a licensed professional.
(2) The AI chatbot is not marketed or designated as a
substitute for a human professional.
(3) A licensed mental health professional assesses a
user's suitability and prescribes the tool as part of a
comprehensive treatment plan and monitors its use and impact.
(4) The covered entity provides robust, independent,
and peer-reviewed clinical trial data demonstrating the safety
and efficacy of the tool for specific conditions and
populations.
(5) The system's functions, limitations, and data
privacy policies are transparent to both the licensed mental
health professional and the user.
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health professional and the user.
(6) The covered entity establishes clear lines of
accountability for any harm caused by the therapeutic AI
chatbot.
Section 4. A minor who uses an AI chatbot that does not
comply with the provisions of this act, or a parent or
guardian acting on the minor's behalf, may bring a civil
action on his or her own or in a class action to recover the
following relief:
(1) Injunctive relief.
(2) Damages in an amount equal to the sum of any actual
damages or statutory damages not to exceed seven hundred fifty
dollars ($750) per violation, whichever is greater.
Section 5. Whenever it appears to the Attorney General,
either upon complaint or otherwise, that a person has engaged
in or is about to engage in any of the acts or practices
prohibited by this act, the Attorney General may bring an
action against an operator to:
(1) Enjoin the person from continuing the unlawful acts
or practices;
(2) Seek civil penalties of not more than two thousand
five hundred dollars ($2,500) for a violation under this act
or not more than seven thousand five hundred dollars ($7,500)
for an intentional violation under this act; and
(3) Seek any other remedies as the court may deem
appropriate.
Section 6. This act shall become effective on October
1, 2026.
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