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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 813
2025-2026
Representatives Cockley, Miller, J.
Cosponsors: Representatives Brennan,
McNally, Piccolantonio, Lett, Synenberg, Brownlee, Brent, Russo
To
enact sections 1349.12, 1349.13, 1349.14, 1349.15, and 1349.16 of the
Revised Code
to
require AI-generated products have a watermark and to require
disclosure when AI-systems are acting as humans.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 1349.12, 1349.13, 1349.14, 1349.15, and 1349.16 of the
Revised Code be enacted to read as follows:
Sec.
1349.12.
As
used in sections 1349.12 to 1349.16 of the Revised Code:
"Artificial
intelligence system" means an engineered or machine-based system
that, for explicit or implicit objectives, infers from the input it
receives how to generate an AI-product.
"AI-generated
product" or "AI-product" means content that is
substantially created or modified by an artificial intelligence
system such that the use of the artificial intelligence system
materially alters the content. "AI-generated product" or
"AI-product" does not include content where part or all of
the original digital data is compressed or encoded through software
algorithms for the purpose of optimization in storage, transmission,
or encryption if the software or algorithm does not alter the
original meaning of the content.
"Content"
means any image, video, audio, multimedia, or text data or
information uploaded to, generated by, or stored with any internet
web site, application, or service by any person, program, system, or
other application.
Sec.
1349.13.
(A)
Artificial intelligence systems shall be programmed to provide a
distinctive watermark on any AI-generated product that informs the
user that the particular content was generated using an artificial
intelligence system.
(B)
No person, business, or organization shall distribute for public or
commercial use any AI-generated product that does not include a
distinctive watermark that indicates the particular content was
generated using an artificial intelligence system.
(C)
Any person, business, or organization that utilizes an artificial
intelligence system shall clearly and conspicuously inform any user
whenever the artificial intelligence system is acting as or emulating
a human person.
(D)
This section does not apply to AI-generated product that is generated
at the prompting of a user solely for personal, noncommercial use.
Sec.
1349.14.
(A)
Any person that believes that a person, business, or organization is
violating or is not in compliance with the provisions of section
1349.13 of the Revised Code may submit a complaint to the attorney
general through a form on an internet web site maintained by the
office of the attorney general.
(B)
The attorney general may conduct an investigation if the attorney
general, based on complaints submitted pursuant to division (A) of
this section or the attorney general's own inquiries, has reason to
believe that a person, business, or organization is violating or
failing to comply with section 1349.13 of the Revised Code.
(C)
If the attorney general determines that a person, business, or
organization is violating or failing to comply with section 1349.13
of the Revised Code, the attorney general shall provide written
notice to the person, business, or organization identifying and
explaining the basis for each instance of alleged violation or
noncompliance.
Sec.
1349.15.
(A)
Any person aggrieved by a violation or failure to comply with section
1349.13 of the Revised Code has and may commence a civil action
against the person committing the violation or failing to comply for
damages that result from the violation or noncompliance.
(B)
In addition to the civil action authorized under division (A) of this
section, the attorney general may commence a civil action against a
person that violates or fails to comply with section 1349.13 of the
Revised Code for injunctive relief and a civil penalty of not less
than two thousand five hundred dollars per instance of noncompliance,
but not more than ten thousand dollars per violation or instance of
noncompliance.
(C)
Except as otherwise provided in division (D) of this section, the
attorney general shall not commence a civil action under division (B)
of this section if the person, business, or organization, within
seven days after receiving notice of the alleged noncompliance, does
both of the following:
(1)
Cures all violations or instances of noncompliance described in the
notice;
(2)
Provides the attorney general with a written statement indicating
that all violations or instances of noncompliance are cured and
agreeing to refrain from further violation or noncompliance of the
requirements under section 1349.13 of the Revised Code.
(D)
If the person, business, or organization does not timely respond or
continues to violate or fail to comply with the requirements of
section 1349.13 of the Revised Code after receiving the notice, the
attorney general may initiate a civil action under division (B) of
this section.
(E)
Division (C) of this section does not apply if the person, business,
or organization fails to timely cease violation or comply with all of
the requirements described in the notice or commits subsequent
violations or instances of noncompliance of the same type after
curing the initial violation or noncompliance under that division.
Notwithstanding division (D) of this section, if a person, business,
or organization engages in subsequent violation or noncompliance of
the same type after reporting that the initial violation or
noncompliance is cured, the attorney general may bring a civil action
at any time after sending notice under division (C) of section
1349.14 of the Revised Code.
Sec.
1349.16.
In
determining the amount of a civil penalty under division (B) of
section 1349.15 of the Revised Code, the court shall consider the
nature and seriousness of the violation or noncompliance, the intent
of the person committing the violation or failing to comply, any
history of prior violations or noncompliance, and the degree of harm
caused by the person.
The
attorney general shall collect all civil penalties imposed under
division (B) of section 1349.15 of the Revised Code and deposit them
in the consumer protection enforcement fund created by section
1345.51 of the Revised Code.