SPONSOR: Schmidt
This bill establishes the "Children Harmed by AI Technology Act" or the "CHAT Act".
The bill defines multiple terms including, a "covered entity" as any person who owns, operates, or otherwise makes available a companion AI chatbot to individuals in this state and defines a "companion AI chatbot" as any software-based artificial intelligence system or program that exists for the primary purpose of simulating interpersonal or emotional interaction, friendship, companionship, or therapeutic communication with a user.
The bill requires covered entities to require each individual accessing a companion AI chatbot to make a user account. For each account that exists as of August 28, 2026, the covered entity is required to freeze the account, require that the user verify his or her age using a commercially available method or process designed to ensure accuracy, and using this information, classify each user as a minor or an adult.
When an individual creates a new user account to use or interact with a companion AI chatbot, a covered entity is responsible for verifying the age of the user and, if it determines that such user is a minor, must require the account to be affiliated with a parental account, which has also been verified, and obtain verifiable parental consent before allowing the minor to have access to the chatbot. Additionally, the covered entity must block minors' access to any chatbot that engages in sexually explicit or suggestive communication.
A covered entity is responsible for maintaining and protecting the confidentiality of the age information provided for verification.
This bill requires, at the beginning of any interaction between a user and a companion AI chatbot and at least every sixty minutes during the interaction thereafter, a covered entity to display a clear pop-up window that notifies the user that he or she is not engaging in dialogue with a human counterpart.
The bill requires the Attorney General to issue guidance on the provisions of this bill no later than 180 days after August 28, 2026. The Attorney General can initiate a civil action if he or she believes that the provisions of this section have been violated.
The bill provides that a covered entity will not be held liable for a violation of this section if certain conditions are met.
Statutes affected: