Read the full stored bill text
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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2085 By: Hamilton
AS INTRODUCED
An Act relating to artificial intelligence; defining
terms; prohibiting a state governmental entity from
extending or renewing contracts with certain
entities; authorizing the promulgation of rules;
establishing certain rights of Oklahomans;
authorizing Oklahomans to exercise certain rights;
prohibiting companion chatbot platforms from
providing services to minors; providing certain
exception; directing companion chatbot platforms to
provide the minor’s parent or legal guardian certain
options; requiring companion chatbot platforms to
terminate certain accounts and provide certain
options; mandating companion chatbot platforms make
certain disclosures and institute certain measures to
prevent their companion chatbot from sharing certain
materials; providing that certain violations are
deceptive or unfair trade practices; establishing
certain civil penalties; specifying certain
requirements for contract formation; requiring bot
operators to periodically provide certain notice to
users; providing that certain violations are
deceptive or unfair trade practices; establishing
certain civil penalties; prohibiting artificial
intelligence companies from selling or disclosing
certain information of users; providing certain
exceptions; providing that certain violations are
deceptive or unfair trade practices; establishing
certain civil penalties; authorizing the Attorney
General to issue and enforce civil investigative
demands under certain circumstances; prohibiting
certain commercial uses of an individual’s name,
image, or likeness created by generative artificial
intelligence without certain consent; providing
certain exceptions; providing for the approval of
certain contracts; providing for codification;
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providing for noncodification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 401 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Account holder” means an individual who opens an account or
creates a profile on or is identified by a companion chatbot
platform by a unique identifier while he or she is using or
accessing the platform, if the platform knows or has reason to
believe the individual is a resident of this state;
2. “Artificial intelligence” means a computer system, program,
or set of algorithms capable of performing tasks or producing
outputs that imitate intelligent human behavior;
3. “Artificial intelligence technology company” means a
business or organization that produces, develops, creates, designs,
or manufactures artificial intelligence technology or products,
collects data for use in artificial intelligence products, or
implements artificial intelligence technology;
4. “Bot” means an automated online software application in
which all or substantially all of the actions or posts of the
account are not the result of a natural person;
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5. “Companion chatbot” means an artificial intelligence system
with a natural language interface that provides adaptive, human-like
responses to user inputs and attempts to fulfill a user’s social
needs, including by exhibiting anthropomorphic features and being
able to sustain a relationship across multiple interactions. The
term does not include:
a. a chatbot used only for customer service, a business’s
operational purposes, productivity, and analysis
related to source information, internal research, or
technical assistance,
b. a chatbot that is a feature of a video game and is
limited to replies related to the video game and does
not discuss topics related to mental health, self-
harm, or material harmful to minors or maintain a
dialogue on other topics unrelated to the video game,
or
c. a stand-alone consumer electronic device that
functions as a speaker and voice command interface,
acts as a voice-activated virtual assistant, and does
not sustain a relationship across multiple
interactions or generate outputs likely to elicit
emotional responses in the user;
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6. “De-identified data” means data that cannot reasonably be
linked to an identified or identifiable individual or a device
linked to that individual;
7. “Foreign adversary” shall mean any country designated by the
United States Secretary of State as hostile or a Country of
Particular Concern (CPC);
8. “Generative artificial intelligence” means a machine-based
system that can, for a given set of human-defined objectives,
emulate the structure and characteristics of input data in order to
generate derived synthetic content, including images, videos, audio,
text, and other digital content;
9. “Material harmful to minors” means any communication,
picture, image, graphic image file, article, recording, writing, or
other matter of any kind that is obscene or that:
a. the average person, applying contemporary community
standards, would find, taking the material as a whole
and with respect to minors, is designed to appeal to,
or is designed to pander to, the prurient interest,
b. depicts, describes, or represents, in a manner
patently offensive with respect to minors, an actual
or simulated sexual act or sexual contact, an actual
or simulated normal or perverted sexual act or sexual
contact, or a lewd exhibition of the genitals or post-
pubescent female breast, and
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c. taken as a whole, lacks serious literary, artistic,
political, or scientific value for minors;
10. “Minor” has the same meaning as defined in Section 1040.75
of Title 21 of the Oklahoma Statutes;
11. “Operator” means a person who owns, operates, or otherwise
makes available a bot to individuals in this state;
12. “Pop-up” means a visible notification on the computer,
tablet, or smartphone screen of a user which may be resolved if the
user interacts with or responds to the notification;
13. “Resident” means an individual who has resided in this
state for more than six (6) months during the preceding twelve-month
period;
14. “Servicemember” has the same meaning as defined in Section
150.1 of Title 43 of the Oklahoma Statutes;
15. “State governmental entity” has the same meaning as defined
in Section 695.3 of Title 62 of the Oklahoma Statutes;
16. “Surviving children” means an individual’s surviving
immediate offspring and any children legally adopted by the
individual;
17. “Surviving spouse” means an individual’s surviving spouse
under the law of the individual’s domicile at the time of the
individual’s death, regardless of whether the spouse later
remarried;
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18. “User” means an individual who resides or is domiciled in
this state and who accesses an Internet website, online or cloud-
computing service, online application, or mobile application; and
19. “Video game” means a game played on an electronic device
that uses a computer, microprocessor, or similar electronic
circuitry and its own monitor, or is designed to be used with a
television set or a computer monitor, to interact with the user of
the device.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 402 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. On and after the effective date of this act, a state
governmental entity shall not accept a bid on, a proposal for, or a
reply to, or enter into, extend, or renew a contract with, an entity
to provide artificial intelligence technology, software, or
products, including as a portion or an option to the products or
services provided under the contract, unless the entity provides the
state governmental entity with an affidavit signed by an officer or
a representative of the entity under penalty of perjury attesting
that the entity does not meet any of the criteria listed in
subsection B of this section.
B. A state governmental entity shall not knowingly enter into a
contract with an entity for artificial intelligence technology,
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software, or products, including as a portion or an option to the
products or services provided under the contract, if:
1. The entity is owned by a foreign adversary;
2. A government of a foreign adversary has a controlling
interest in the entity; or
3. The entity is organized under the laws of or has its
principal place of business in a country designated as a foreign
adversary.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 403 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
The Attorney General shall enforce the provisions of this act.
The Attorney General may promulgate rules necessary to implement,
interpret, and enforce the provisions of this act.
SECTION 4. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The Legislature finds that:
A. Oklahomans are entitled to certain rights with respect to
the use of artificial intelligence, including, but not limited to:
1. The right to use artificial intelligence to improve their
own lives and the lives of family members, fellow residents, and the
world at large in accordance with the law;
2. The right to supervise, access, limit, and control their
minor children’s use of artificial intelligence;
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3. The right to know whether they are communicating with a
human being or an artificial intelligence system, program, or
chatbot;
4. The right to know if artificial intelligence technology
companies are collecting personal information or biometric data, and
the right to expect artificial intelligence technology companies to
protect and de-identify that information or data in accordance with
the law;
5. The right to pursue civil remedies authorized by law against
persons who use artificial intelligence to appropriate the name,
image, or likeness of others for commercial purposes without their
consent;
6. The right to be protected by law from criminal acts, such as
fraud, exploitation, identity theft, stalking, and cyberbullying,
regardless of whether artificial intelligence is used in the
commission of those acts;
7. The right to be protected by law from criminal acts relating
to the alteration of existing images to create sexual or lewd or
lascivious images or child pornography, regardless of whether
artificial intelligence is used in the commission of those acts;
8. The right to know whether political advertisements,
electioneering communications, or similar advertisements were
created in whole or in part with the use of artificial intelligence;
and
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9. The right to pursue civil remedies authorized by law against
others who use artificial intelligence to slander, libel, or defame
them.
B. Oklahomans may exercise the rights described in this section
in accordance with existing law. This section may not be construed
as creating new or independent rights or entitlements.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 404 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. A companion chatbot platform shall prohibit a minor from
entering into a contract with the platform to become an account
holder or from maintaining an existing account, unless the minor’s
parent or legal guardian provides consent for the minor to become an
account holder or maintain an existing account. If the minor’s
parent or legal guardian provides consent for the minor to become an
account holder or maintain an existing account, the companion
chatbot platform shall allow the consenting parent or legal guardian
of the minor account holder to:
1. Receive copies of all interactions between the minor account
holder and the companion chatbot;
2. Limit the amount of time that the minor account holder may
interact with the companion chatbot each day;
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3. Disable any of the interactions between the minor account
holder and third-party account holders on the companion chatbot
platform; and
4. Receive timely notifications if the minor account holder
expresses to the companion chatbot a desire or an intent to engage
in self-harm or to harm others.
B. A companion chatbot platform shall:
1. Terminate any account belonging to an account holder who is
a minor if the companion chatbot platform treats or categorizes the
account as belonging to a minor for purposes of targeting content or
advertising and if the minor’s parent or legal guardian has not
provided consent for the minor to become an account holder or to
maintain an existing account;
2. Allow an account holder who is a minor to request to
terminate the account. Termination shall be effective within five
(5) business days after the request;
3. Allow the consenting parent or legal guardian of an account
holder who is a minor to request that the minor’s account be
terminated. Termination shall be effective within ten (10) business
days after the request; and
4. Permanently delete all personal information held by the
companion chatbot platform relating to the terminated account,
unless state or federal law requires the platform to maintain the
information.
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C. In connection with all accounts held by account holders who
are minors, the companion chatbot platform shall:
1. Disclose to the account holder that he or she is interacting
with artificial intelligence;
2. Provide by default a clear and conspicuous notification to
the account holder, at the beginning of companion chatbot
interactions and at least once every hour during continuing
interactions, reminding the minor to take a break and that the
companion chatbot is artificially generated and not human; and
3. Institute reasonable measures to prevent its companion
chatbot from producing or sharing materials harmful to minors or
encouraging the account holder to engage in any of the conduct
described or depicted in materials harmful to minors.
D. A knowing or reckless violation of this section shall be
deemed a deceptive or unfair trade practice. If the Attorney
General has reason to believe that a companion chatbot platform is
in violation of this section, the Attorney General may bring an
action against the platform for a deceptive or unfair trade
practice. In addition to any other remedy under this act, the
Attorney General may collect a civil penalty of up to Fifty Thousand
Dollars ($50,000.00) per violation and court costs and reasonable
attorney fees. If the companion chatbot platform’s failure to
comply with this section is part of a consistent pattern of knowing
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or reckless conduct, punitive damages may be assessed against the
companion chatbot platform.
E. 1. A companion chatbot platform that knowingly or
recklessly violates this section is liable to a minor account holder
for up to Ten Thousand Dollars ($10,000.00) in damages plus court
costs and reasonable attorney fees as ordered by the court.
2. A civil action for a claim under this subsection shall be
brought within one (1) year after the date the complainant knew, or
reasonably should have known, of the alleged violation.
3. An action brought under this subsection may be brought only
on behalf of a minor account holder.
F. For purposes of bringing an action under this section, a
companion chatbot platform that allows a minor user in this state to
create an account on the platform is considered to be both engaged
in substantial and not isolated activities within this state and
operating, conducting, engaging in, or carrying on a business and
doing business in this state, and is therefore subject to the
jurisdiction of the courts of this state.
G. If a companion chatbot platform allows a minor account
holder to use the companion chatbot platform, the parties shall be
deemed to have entered into a contract.
H. This section shall not be construed to preclude any other
available remedy at law or equity.
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SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 405 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. At the beginning of an interaction between a user and a bot,
and at least once every hour during the interaction, an operator
shall display a pop-up message notifying the user that he or she is
not engaging in dialogue with a human counterpart.
B. A violation of this section is deemed a deceptive or unfair
trade practice actionable solely by the Attorney General on behalf
of a user of a bot. If the Attorney General has reason to believe
that an operator is in violation of this section, the Attorney
General may bring an action against the operator for a deceptive or
unfair trade practice. In addition to any other remedy under this
act, the Attorney General may collect a civil penalty of up to Fifty
Thousand Dollars ($50,000.00) per violation and court costs and
reasonable attorney fees.
C. This section shall not be construed to preclude any other
available remedy at law or equity.
D. For purposes of bringing an action pursuant to this section,
a person who meets the definition of an operator who owns, operates,
or otherwise makes available a bot to individuals in this state is
considered to be both engaged in substantial and not isolated
activities within this state and operating, conducting, engaging in,
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or carrying on a business, and doing business in this state, and is
therefore subject to the jurisdiction of the courts of this state.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 406 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. An artificial intelligence technology company may not sell
or disclose personal information of users unless the information is
de-identified data.
B. An artificial intelligence technology company in possession
of de-identified data shall:
1. Take reasonable measures to ensure that the data cannot be
associated with an individual;
2. Maintain and use the data in de-identified form. An
artificial intelligence technology company may not attempt to
reidentify the data, except that the artificial intelligence
technology company may attempt to reidentify the data solely for the
purpose of determining whether its de-identification process
satisfies the requirements of this section;
3. Contractually obligate a recipient of the de-identified data
to comply with this section; and
4. Implement business processes to prevent the inadvertent
release of de-identified data.
C. A violation of this section shall be deemed a deceptive or
unfair trade practice. If the Attorney General has reason to
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believe that an artificial intelligence technology company is in
violation of this section, the Attorney General may bring an action
against the artificial intelligence technology company for a
deceptive or unfair trade practice. In addition to any other remedy
under this act, the Attorney General may collect a civil penalty of
up to Fifty Thousand Dollars ($50,000.00) per violation and court
costs and reasonable attorney fees.
D. For purposes of bringing an action pursuant to this section,
a person who meets the definition of an artificial intelligence
technology company that produces, develops, creates, designs, or
manufactures artificial intelligence products, or implements
artificial intelligence technology in this state, is considered to
be both engaged in substantial and not isolated activities within
this state and operating, conducting, engaging in, or carrying on a
business, and doing business in this state, and is therefore subject
to the jurisdiction of the courts of this state.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 407 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. If, by his or her own inquiry or as a result of complaints,
the Attorney General has reason to believe that a person has engaged
in, or is engaging in, a practice or an act that violates this act,
the Attorney General may administer oaths and affirmations, subpoena
witnesses or matter, and collect evidence. At any time before the
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return date specified in the subpoena, the party served may file in
the district court in the county in which it resides or in which it
transacts business a petition for an order modifying or setting
aside the subpoena. The petitioner may raise any objection or
privilege that would be available upon service of a subpoena in a
civil action. The subpoena shall inform the party served of the
party’s rights under this section.
B. If the matter that the Attorney General seeks to obtain by
subpoena is located outside this state, the person subpoenaed may
make the matter available at the place where it is located. The
Attorney General may designate representatives, including officials
of the state in which the matter is located, to inspect the matter
on its behalf and may respond to similar requests from officials of
other states.
C. Upon the failure of a person, without lawful excuse, to obey
a subpoena and upon reasonable notice to all persons affected, the
Attorney General may apply to the district court for an order
compelling compliance.
D. The Attorney General may request that a person who refuses
to comply with a subpoena on the grounds that the testimony or
matter may be self-incriminating be ordered by the court to provide
the testimony or matter. Except in a prosecution for perjury, a
person who complies with a court order to provide testimony or
matter after asserting a valid privilege against self-incrimination
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may not have the testimony or matter provided, or evidence derived
from the testimony or matter, received against the person in any
criminal investigation or proceeding.
E. A person upon whom a subpoena is served pursuant to this
section shall comply with its terms unless otherwise provided by
order of the court. A person who fails to appear, with the intent
to avoid, evade, or prevent compliance in whole or in part with an
investigation under this section, or who removes from any place,
conceals, withholds, mutilates, alters, or destroys, or by any other
means falsifies any documentary material in the possession, custody,
or control of a person subject to a subpoena, or who knowingly
conceals relevant information with the intent to avoid, evade, or
prevent compliance, is liable for a civil penalty not more than Five
Thousand Dollars ($5,000.00) per week in violation and court costs
and reasonable attorney fees.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 408 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. A person shall not publish, print, display, or otherwise
publicly use for trade or for any commercial or advertising purpose
the name, portrait, photograph, image, or other likeness of an
individual created through generative artificial intelligence
without the express written or oral consent to such use given by any
of the following:
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1. The individual;
2. Any other person authorized in writing by the individual to
license the commercial use of the individual’s name, image, or
likeness; or
3. If the individual is deceased:
a. a person authorized in writing to license the
commercial use of the individual’s name, image, or
likeness, or
b. if no person is authorized, any one individual from a
class composed of the deceased individual’s surviving
spouse and surviving children. A parent or legal
guardian may give consent on behalf of a minor
surviving child.
B. If the consent required in subsection A of this section is
not obtained, the individual whose name, portrait, photograph,
image, or other likeness is used, or a person authorized by the
individual in writing to license the commercial use of the
individual’s name, image, or likeness, or, if the individual whose
likeness is used is deceased, a person having the right to give such
consent, as provided in subsection A of this section, may bring an
action to enjoin the unauthorized publication, printing, display, or
other public use and recover damages for any loss or injury
resulting from the unauthorized publication, including an amount
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that would have been a reasonable royalty, and punitive or exemplary
damages.
C. If a person uses the name, portrait, photograph, image, or
other likeness of a servicemember without obtaining the consent
required in subsection A of this section and the use is not subject
to an exception listed in this section, a court may impose a civil
penalty of up to One Thousand Dollars ($1,000.00) per violation in
addition to the civil remedies contained in subsection B of this
section. Each commercial transaction constitutes a violation under
this section.
D. This section shall not apply to any of the following:
1. The publication, printing, display, or use of the name,
image, or likeness of an individual in a newspaper, magazine, book,
news broadcast or telecast, or other news medium or publication that
is used as part of a bona fide news report or presentation having a
current and legitimate public interest and if the name, image, or
likeness is not used for advertising purposes;
2. The use of an individual’s name, portrait, photograph,
image, or other likeness in connection with the resale or other
distribution of literary, musical, or artistic productions or other
articles of merchandise or property with the individual’s consent on
or in connection with the initial sale or distribution of the
productions, articles, or merchandise; or
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3. A photograph of an individual solely as a member of the
public if the individual is not named or otherwise identified in or
in connection with the use of the photograph.
E. An action may not be brought under this section by reason of
a publication, printing, display, or other public use of the name,
image, or likeness of an individual occurring more than forty (40)
years after the death of the individual.
F. The remedies in this section are in addition to and not in
limitation of the remedies and rights of any person under the common
law against the invasion of his or her privacy.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 409 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
No relief may be obtained under Section 9 of this act against
any broadcaster, publisher, or distributor broadcasting, publishing,
or distributing paid advertising matter by radio or television or in
a newspaper, magazine, or similar periodical without knowledge or
notice that any consent required by Section 9 of this act, in
connection with such advertising matter, has not been obtained,
except an injunction against the presentation of such advertising
matter in future broadcasts or in future issues of such newspaper,
magazine, or similar periodical.
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SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 410 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A contract made by a minor or made by a parent or legal guardian
of a minor, or a contract proposed to be so made, may be approved by
the probate division of a circuit court or any other division of the
circuit court that has guardianship jurisdiction, where the minor is
a resident of this state or the services of the minor are to be
performed or rendered in this state; where the contract sought to be
approved is one under which the minor will endorse a product or
service, or in any other way receive compensation for the use of the
name, image, or likeness of the minor.
SECTION 12. This act shall become effective November 1, 2026.
60-2-2840 BRC 1/15/2026 12:15:19 PM