artificial intelligence service; disclosures; requirements, the official text

REFERENCE TITLE: artificial intelligence service;
disclosures; requirements

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2311

Introduced by

Representative
Rivero

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_STATUTE18-801. 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 solely for internal purposes.

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 develops and 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.

START_STATUTE18-802. 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 artificial
intelligence:

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 or has reasonable certainty 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 an artificial
intelligence system that is developed by a third party to provide a
conversational AI service. 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.