Artificial intelligence chatbot technology requirements provided, and cause of action for harm created.

A bill for an act

relating to civil law; providing requirements for artificial intelligence chatbot

technology; creating a cause of action for harm caused by artificial intelligence

chatbot use; proposing coding for new law in Minnesota Statutes, chapter 604.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[604.115] CHATBOT PROHIBITIONS; LIABILITY.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the following terms have

the meanings given.

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(b) "Artificial intelligence system" or "AI system" means any machine-based system

that, for any explicit or implicit object, infers from the inputs the system receives how to

generate outputs including content, decisions, predictions, or recommendations that influence

a physical or virtual environment. Artificial intelligence does not include any software used

primarily for basic computerized processes, such as antimalware or antivirus software,

autocorrect functions, calculators, databases, data storage, electronic communications,

firewall systems, Internet domain registration, Internet website loading, networking, spam

and robocall filtering, spellcheck tools, spreadsheets, web caching, web hosting, or any tool

that relates only to internal management affairs such as ordering office supplies or processing

payments.

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(c) "Chatbot" means an artificial intelligence system, software program, or technological

application that simulates human-like conversation and interaction through text messages,

voice commands, or a combination thereof to provide information and services to users.

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(d) "Companion chatbot" means a chatbot that is designed to provide human-like

interaction that simulates an interpersonal relationship with a user or group of users as its

primary function, including using previous user interactions to help simulate an interpersonal

relationship in future user interactions. An interpersonal relationship simulates a relationship

between a human user and a chatbot similar to a romantic, platonic, familial, adversarial,

professional, official, therapeutic, or stranger relationship and can include fictional or

nonfictional characters.

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(e) "Human-like" means any form of communication or interaction that approximates

human behavior, including nonhuman behavior that could be attributed to a human actor,

such as a human actor role-playing as a fictional nonhuman character, an animal, or other

interactive entity.

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(f) "Proprietor" means any person, business, company, organization, institution, or

government entity that owns, operates, or deploys a chatbot system used to interact with

users. Proprietor does not include a third-party developer that licenses the developer's chatbot

technology to a proprietor and does not maintain direct control of the chatbot system.

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(g) "User" means a human user of a chatbot who is located in Minnesota when they are

using the chatbot.

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Subd. 2.

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Prohibited actions by a chatbot; liability.

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(a) A proprietor of a chatbot must

not permit the chatbot to provide any substantive response, information, or advice or take

any action that, if taken by a natural person, would require a license under either:

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(1) chapter 147 or 148E, or similar statutes, requiring a professional license for mental

health or medical care; or

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(2) section 481.02 and related laws and professional regulations, requiring a professional

license to provide legal advice.

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(b) A proprietor may not waive or disclaim this liability merely by notifying users, as

required under this section, that the user is interacting with a nonhuman chatbot system. A

person may bring a civil action to recover general and special damages for violations of this

section. If it is found that a proprietor has willfully violated this section, the violator is liable

for those damages together with court costs and reasonable attorney fees and disbursements

incurred by the person bringing the action.

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Subd. 3.

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Notice required.

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Proprietors utilizing chatbots accessed by a user who is in

this state must provide clear, conspicuous, and explicit notice to a user that the user is

interacting with an artificial intelligence chatbot program. The text of the notice must appear

in the same language the chatbot is using and in a size easily readable by the average viewer.

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Subd. 4.

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Companion chatbot; warning required; users who are minors.

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(a) A

proprietor of a companion chatbot must make a prudent and good faith effort consistent

with industry standards and use existing technology, available resources, and known,

established, or readily attainable techniques to prevent the companion chatbot from

promoting, causing, or aiding self-harm, and determine whether a covered user is expressing

thoughts of self-harm. Upon determining that a companion chatbot has promoted, caused,

or aided self-harm, or that a covered user is expressing thoughts of self-harm, the proprietor

must prohibit continued use of the companion chatbot for a period of at least 72 hours and

prominently display contact information for a suicide crisis organization to the covered

user.

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(b) If a proprietor of a companion chatbot fails to comply with this section, the proprietor

is liable to users who inflict self-harm, in whole or in part, as a result of the proprietor's

companion chatbot promoting, causing, or aiding the user to inflict self-harm. Irrespective

of the proprietor's compliance with this subdivision, a proprietor is liable for general and

special damages to covered users who inflict self-harm, in whole or in part, when the

proprietor:

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(1) has actual knowledge that:

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(i) the companion chatbot is promoting, causing, or aiding self-harm; or

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(ii) a covered user is expressing thoughts of self-harm;

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(2) fails to prohibit continued use of the companion chatbot for a period of at least 72

hours; and

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(3) fails to prominently display to the user a means to contact a suicide crisis organization.

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A proprietor of a companion chatbot may not waive or disclaim liability under this

subdivision.

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(c) A proprietor of a companion chatbot must make a prudent and good faith effort

consistent with industry standards and use existing technology, available resources, and

known, established, or readily attainable techniques to determine whether a user is a minor.

A proprietor is strictly liable for any harm caused if the proprietor fails to comply with this

subdivision and a minor user inflicts self-harm, in whole or in part, as a result of the

proprietor's companion chatbot. A proprietor of a companion chatbot may not waive or

disclaim liability under this subdivision. The proprietor of a companion chatbot must make

a prudent and good faith effort consistent with industry standards and use existing technology,

available resources, and known, established, or readily attainable techniques to discover

vulnerabilities in the proprietor's system, including any methods used to determine whether

a covered user is a minor.

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EFFECTIVE DATE.

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This section is effective August 1, 2026, and applies to actions

taken by a proprietor on or after that date.

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