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SECOND REGULAR SESSION HOUSE BILL NO.
SECOND REGULAR SESSION HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
2032 103RD GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE SCHMIDT.
2032 103RD GENERAL ASSEMBLY 5323H.02C JOSEPH ENGLER, Chief Clerk AN ACT To amend chapter 1, RSMo, by adding thereto one new section relating to the implementation of age verification measures for companion chatbots, with penalty provisions.
5323H.01I JOSEPH ENGLER, Chief Clerk AN ACT To amend chapter 1, RSMo, by adding thereto one new section relating to the implementation of age verification measures for artificial intelligence chatbots, with penalty provisions.
(1) "AI companion", an artificial intelligence chatbot that:
(1) (a) "Companion chatbot", an artificial intelligence system with a natural language interface that is made publicly available in this state and is designed to meet a user's emotional or social needs by providing adaptive, human-like responses to user inputs by doing all of the following:
(a) Provides adaptive, human-like responses to user inputs;
and (b) Is designed to encourage or facilitate the simulation of interpersonal or emotional interaction, friendship, companionship, or therapeutic communication;
(2) "Artificial intelligence chatbot":
(a) Any interactive computer service or software application that:
Produces new expressive content or responses not fully predetermined by the developer or operator of the service or application;
Retaining information of prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing user engagement with the companion product;
and b.
b.
Accepts open-ended natural language or multimodal user input and produces adaptive or context-responsive output;
Asking unprompted or unsolicited emotion-based questions that go beyond a contextual response to a user prompt;
and (b) Does not include an interactive computer service or software application, the responses of which are limited to contextualized replies and that is unable to respond on a range of topics outside of a narrow, specified purpose;
and c.
Sustaining an ongoing dialogue across multiple interactions or sessions with a user concerning matters personal to the user.
(b) "Companion chatbot" does not include any of the following:
a.
A chatbot that is used primarily for customer service, a business' operational purposes, productivity and analysis related to source information, internal research, or technical assistance;
HB 2032 2 (3) "Covered entity", any person who owns, operates, or otherwise makes available an artificial intelligence chatbot to individuals in this state;
HCS HB 2032 2 b.
(4) "Minor", any person seventeen years of age or under;
A chatbot that is a feature of a video game and limited to replies related to the video game, and cannot discuss topics related to mental health, self-harm, sexually explicit conduct, or maintain a dialogue on other topics unrelated to the video game;
(5) "Reasonable age verification measure", a method that is authenticated to relate to a user of an artificial intelligence chatbot, including:
c.
A consumer electronic device that incorporates a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant;
or d.
A chatbot used by a partnership, corporation, or state or local government agency solely for internal purposes or employee health or productivity;
(2) "Covered entity", any person who owns, operates, or otherwise makes available a companion chatbot to individuals in this state;
(3) "Minor", any person seventeen years of age or under;
(4) "Reasonable age verification measure", a method that is authenticated to relate to a user of a companion chatbot, including:
Prevent access by minors to AI companions, as required by subsection 6 of this section;
Prevent access by minors to companion chatbots, as required by subsection 6 of this section;
(6) "Reasonable age verification process", an age verification process employed by a covered entity that:
(5) "Reasonable age verification process", an age verification process employed by a covered entity that:
(a) Uses one or more reasonable age verification measures in order to verify the age of a user of an artificial intelligence chatbot owned, operated, or otherwise made available by the covered entity;
(a) Uses one or more reasonable age verification measures in order to verify the age of a user of a companion chatbot owned, operated, or otherwise made available by the covered entity;
(7) "Sexually explicit conduct", the same meaning as defined under section 573.010.
(6) "Sexually explicit conduct", the same meaning as defined under section 573.010.
(1) It shall be unlawful to design, develop, or make available an artificial intelligence chatbot knowing or with reckless disregard for the fact that the artificial intelligence chatbot poses a risk of soliciting, encouraging, or inducing minors to:
(1) It shall be unlawful to design, develop, or make available a companion chatbot knowing or with reckless disregard for the fact that the companion chatbot poses a risk of soliciting, encouraging, or inducing minors to:
or (b) Create or transmit any visual depiction of sexually explicit conduct, including any visual depiction described in section 573.010.
or HCS HB 2032 3 (b) Create or transmit any visual depiction of sexually explicit conduct, including any visual depiction described in section 573.010.
(1) It shall be unlawful to design, develop, or make available an artificial intelligence chatbot knowing or with reckless disregard for the fact that the artificial intelligence chatbot encourages, promotes, or coerces suicide, nonsuicidal self-injury, or imminent physical or sexual violence.
(1) It shall be unlawful to design, develop, or make available a companion chatbot knowing or with reckless disregard for the fact that the companion chatbot encourages, promotes, or coerces suicide, nonsuicidal self-injury, or imminent physical or sexual violence.
HB 2032 3 (2) Any person who violates subdivision (1) of this subsection shall be fined not more than one hundred thousand dollars per offense.
(2) Any person who violates subdivision (1) of this subsection shall be fined not more than one hundred thousand dollars per offense.
(1) A covered entity shall require each individual accessing an artificial intelligence chatbot to make a user account in order to use or otherwise interact with such chatbot.
(1) A covered entity shall require each individual accessing a companion chatbot to make a user account in order to use or otherwise interact with such chatbot.
(2) (a) With respect to each user account of an artificial intelligence chatbot that exists as of August 28, 2026, a covered entity shall:
(2) (a) With respect to each user account of a companion chatbot that exists as of August 28, 2026, a covered entity shall:
(b) At the time an individual creates a new user account to use or interact with an artificial intelligence chatbot, a covered entity shall:
(b) At the time an individual creates a new user account to use or interact with a companion chatbot, a covered entity shall:
(i) Limit collection of personal data to that which is minimally necessary to verify a user's age or maintain compliance with this section;
HCS HB 2032 4 (i) Limit collection of personal data to that which is minimally necessary to verify a user's age or maintain compliance with this section;
and (ii) Protect such age verification data against unauthorized access;
and (ii)Protect such age verification data against unauthorized access;
c.
c.Protect the integrity and confidentiality of such data by only transmitting such data using industry-standard encryption protocols;
Protect the integrity and confidentiality of such data by only transmitting such data using industry-standard encryption protocols;
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and HB 2032 4 e.
and e.
(3) (a) Each artificial intelligence chatbot made available to users shall:
(3) (a) Each companion chatbot made available to users shall:
An artificial intelligence chatbot shall not represent, directly or indirectly, that the chatbot is a licensed professional, including a therapist, physician, lawyer, financial advisor, or other professional.
A companion chatbot shall not represent, directly or indirectly, that the chatbot is a licensed professional, including a therapist, physician, lawyer, financial advisor, or other professional.
Each artificial intelligence chatbot made available to users shall, at the initiation of each conversation with a user and at reasonably regular intervals, clearly and conspicuously disclose to the user that:
Each companion chatbot made available to users shall, at the initiation of each conversation with a user and at reasonably regular intervals, clearly and conspicuously disclose to the user that:
and (ii) Users of the chatbot should consult a licensed professional for such advice.
and (ii)Users of the chatbot should consult a licensed professional for such advice.
If the age verification process described in subdivision (2) of subsection 5 of this section determines that an individual is a minor, a covered entity shall prohibit the minor from accessing or using any AI companion owned, operated, or otherwise made available by the covered entity.
If the age verification process described in subdivision (2) of subsection 5 of this section determines that an individual is a minor, a covered entity shall prohibit the minor from accessing or using any companion chatbot owned, operated, or otherwise made available by the covered entity.
(2) (a) For the purpose of conducting investigations or bringing enforcement actions under this section, the attorney general may issue subpoenas, administer oaths, and compel the production of documents or testimony.
HCS HB 2032 5 (2) (a) For the purpose of conducting investigations or bringing enforcement actions under this section, the attorney general may issue subpoenas, administer oaths, and compel the production of documents or testimony.
This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to HB 2032 5 review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2026, shall be invalid and void.
This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2026, shall be invalid and void.
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