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HB2311 - 572R - H Ver
House Engrossed
artificial
intelligence service; disclosures; requirements
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2311
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
START_STATUTE
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
entity
solely
for internal purposes.
(
vii
) Is used
by a business entity solely for customer service or to strictly provide users
with information about available commercial services or products provided by
the business entity, customer service account information or other information
strictly related to the business entity's customer service.
(
viii
) Is used solely to
provide commerce-related or transactional assistance, including product
or service recommendations, shopping, ordering, payments, delivery, returns or
customer support.
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 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.
END_STATUTE
START_STATUTE
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
a conversational AI service
:
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
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
a conversational AI service
that is
made available to
the public
by a third party
operator
.
END_STATUTE
Sec. 2.
Effective date
Title 18, chapter 8, Arizona Revised
Statutes, as added by this act, is effective from and after September 30, 2027.