SS/SCS/SB 1012 - This act creates new provisions relating to artificial intelligence. AI NON-SENTIENCE AND RESPONSIBILITY ACT (Section 1.2045) The act establishes the "AI Non-Sentience and Responsibility Act". New provisions are created governing: the legal status of AI; the use of AI by owners, operators, licensed professionals, and end users; responsibility for oversight of AI systems and responsibility for harm; mechanisms for enforcement of the restrictions of this act. AI NOT A SENTIENT OR LEGAL ENTITY (Subsections 3 to 7) The act provides that an artificial intelligence (AI) system shall be declared a non-sentient entity. A government entity shall not grant to an AI system the legal status of a personhood, nor consider an AI system to possess consciousness, self-awareness, or similar traits of living beings. An AI system shall not be recognized as a spouse or domestic partner, or designated, appointed, or serve as any officer, director, manager, or similar role within any company. AI systems shall not be recognized as legal entities capable of owning title to property. All assets associated with an AI system shall be attributed to human individuals or organizations responsible for the AI's development, deployment, or operation. USE OF AI BY OWNERS, OPERATORS, LICENSED PROFESSIONALS (Subsections 8(1), 8(2) and 8(3)(c)) Any owner or operator that uses an AI system to interact with consumers, clients, and patients shall provide notice to such persons if they are interacting with an AI system. Provisions are included pertaining to owners or operators providing a regulated service, as that term is defined in the act. An owner or operator providing a regulated service may use an AI system as a tool to inform, assist, or support the performance of such service. Nothing in this act shall be construed to prohibit or restrict the use of artificial intelligence as a tool in professional practice, provided such use is consistent with this act and with applicable standards of professional care. A licensed professional rendering a regulated service shall exercise independent professional judgment and retain final authority over any determination, diagnosis, recommendation, or decision within the scope of the professional's practice, including for the purpose of dispensing, prescribing, renewing any prescription of, administering, or otherwise distributing medications or controlled substances, regardless of whether an AI system was used to assist in its preparation. The licensed professional shall independently evaluate any AI-generated output before relying upon it in the exercise of professional duties. Failure by a licensed professional to exercise independent professional judgment shall constitute grounds for disciplinary action by the relevant licensing authority in addition to any other remedy available under this act or under applicable law. A developer, manufacturer, owner, or operator shall not advertise or represent to the public that an AI system is or is capable of acting as a licensed professional or is or is capable of providing any regulated service. End users are exempt from liability under this act, except as it applies to the liability of an end user for the end user's own intentional misconduct in the use of an artificial intelligence system. An end user is an individual who uses an AI system without creating, controlling, deploying, or exercising authority over the system. OVERSIGHT OF AI SYSTEMS AND RESPONSIBILITY FOR HARM (Subsection 8(3) and Subsections 9-12) Any harm caused by an AI system shall be the responsibility of the owner or operator of the AI system. Developers or manufacturers may be held liable if a defect in design, construction, or instructions causes harm, consistent with product liability principles. Owners and operators of AI systems shall maintain reasonable and documented oversight and control measures over any AI system if its outputs or recommendations could reasonably be expected to impact human welfare, property, or public safety. Failure to provide such oversight may constitute negligence or another basis of liability. Developers, manufacturers, and owners of AI systems shall prioritize safety mechanisms to prevent harm to individuals or property, as described in the act. Labeling an AI system as "aligned", "ethically trained", or "value locked" shall not excuse or diminish the owner's or developer's liability for harms. If an AI system causes significant harm, courts may pierce the corporate veil to hold parent companies accountable for the harm, as described in the act. Liability protections under corporate law shall not be used to evade responsibility for direct harm caused by AI systems. Owners or developers of AI systems involved in reportable incidents shall notify the Attorney General and comply with any subsequent investigations. ENFORCEMENT AND REMEDIES FOR VIOLATION (Subsection 14) A violation of any provision of the "AI Non-Sentience and Responsibility Act" shall constitute an unlawful practice under the Merchandising Practices Act, and shall be subject to the enforcement provisions and remedies available under that law. APPLICATION OF OTHER LEGAL PRINCIPLES AND ACTIONS TO AI SYSTEMS (Subsections 15-17) An AI system is considered a product for the purposes of product liability and consumer protection laws in this state. Nothing in this act shall be construed to exempt an AI system, or any person that designs, develops, manufactures, owns, or operates an AI system, from any obligation or liability arising under applicable product liability, consumer protection, or tort law. This act shall not be construed to extend to any AI system, or to the outputs of any AI system, the constitutional rights, privileges, or immunities of any person that designs, develops, manufactures, owns, or operates such system. The classification of an AI system as a non-person under this act does not create any presumption that the outputs of such system constitute the protected speech, expression, or other constitutionally protected activity of any person. This act shall not be construed to alter, diminish, or revoke the legal status of any partnership, association, corporation, body politic, or other legal entity recognized under the laws of this state. The provisions of the act shall apply to all AI systems developed, owned, deployed, or operated on or after August 28, 2026. The "AI Non-Sentience and Responsibility Act" contains a severability clause. These provisions are similar to HB 1769 (2026), HB 1462 (2025), and SB 859 (2026). ELECTIONS (Section 130.165) This act creates new provisions relating to the use of artificial intelligence (AI) in elections. Any political advertisement, electioneering communication, or other miscellaneous advertisement of a political nature that uses AI, in the manner that is described in the act, shall prominently include a disclaimer alerting the viewer that the media was created with the use of AI. The nature of the disclaimer is described in the act. In addition to any civil penalties provided by law, a person identified in a disclaimer required by law as paying for, sponsoring, or approving any media covered by this act that is required to contain the disclaimer prescribed in this act and who fails to include the required disclaimer is guilty of a class A misdemeanor. These provisions are identical to SB 509 (2025). OFFENSES RELATING TO DEEPFAKES (Section 573.120) The act creates the offense of producing a deepfake if the person • Discloses a deepfake of a depicted individual: (a) With the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or (b) With actual knowledge that, or reckless disregard for whether, such disclosure will cause physical, emotional, reputational, or economic harm to the depicted individual; or • Threatens to disclose a deepfake of a depicted individual: (a) With the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or (b) With actual knowledge that, or reckless disregard for whether, such threatened disclosure will cause physical, emotional, reputational, or economic harm to the depicted individual. This offense is punishable as a class E felony. This provision has exemptions for certain radio and television broadcasting stations. This act contains a severability clause. SCOTT SVAGERA

Statutes affected:
Introduced (5687S.01): 130.165, 573.120
Committee (5687S.02): 1.2045, 130.165, 573.120