LB 525 — Adopt the Agricultural Data Privacy Act and the Conversational Artificial Intelligence Safety Act

ER166 ER166 LB525 LB525 MJP2026 -LEGISLATIVE 03/27/2026BILL MJP525 -Approved 03/27/2026by Ethe ANDGovernor RApril AMENDMENTS14, TO2026 LB 525   Introduced by Guereca,Jacobson, 7,42; Chairman Enrollment and Review 1.

Strikeat the originalrequest sectionsof and all amendments thereto and insert the followingGovernor. new sections:

Section  1.A BILL FOR AN ACT relating to law;

to amend section 84-712.05, Reissue Revised Statutes of Nebraska;

to adopt the Agricultural Data Privacy Act and the Conversational Artificial Intelligence Safety Act;

to provide for a public record exception;

to provide operative dates;

and to repeal the original section.

Be it enacted by the people of the State of Nebraska, Section 1.

and -1- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 (iii) Any data that is described under subdivision (3)(a) of this section that would otherwise qualify as agricultural data, if such data is made available to the general public by an agency as defined in section 84-901;

-2- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 (10) Livestock data means information regarding the production of animals by an agricultural producer, including animal identification practices, pedigree information, genetic information, and feed consumption information;

-1- LB525 LB525 2026 (13)(a) Sale of agricultural data means the exchange of agricultural data for monetary or other valuable consideration by a controller or processor to a third party;

-3- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 (v) Disclosure that is expressly directed, initiated, or authorized in writing by an agricultural producer to a designated third party, including any input provider, advisor, lender, insurer, cooperative, or digital platform chosen by the producer;

(14) Service means any service that is provided by a controller or processor to an agricultural producer and that may be used to maintain, diagnose, repair, support, secure, improve, or provide any equipment, software, device, technology, product, or service to the agricultural producer, including any telematic service, remote diagnostic, predictive maintenance, warranty administration, safety notification, recall activity, cybersecurity service, product improvement, quality improvement, system performance enhancement, internal algorithm training, -4- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 over-the-air update, or purchase of a commodity from the agricultural producer;

-5- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 Sec.

(1) (1) Beginning on January 1, 2027, every new contract or agreement involving the collection or processing of agricultural data in this state shall contain a specific provision stating that the controller or processor is prohibited from engaging in the sale of such agricultural data without the express written consent of the agricultural producer.

 (1)(1) Any controller or processor in custody or possession of agricultural data shall establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and accessibility of such agricultural data.

(2) Such security practices shall be appropriate for the volume and nature of the agricultural data and protect against unauthorized access, use, -2- LB525 LB525 2026 disclosure, modification, or loss.

(1) Prior to bringing an action to recover a civil penalty for a violation of section 6 or 7 of this act, the Attorney General shall provide a controller or processor with a written notice that identifies -6- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 the specific provision of section 6 or 7 of this act that the Attorney General alleges has been or is being violated.

The The Agricultural Data Privacy Act shall not be construed to:

84-712.05 The following records, unless publicly disclosed in an open court, open administrative proceeding, or open meeting or disclosed by a public entity pursuant to its duties, may be withheld from the -7- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 public by the lawful custodian of the records:

(a) Relating to the presence of and amount or concentration of -8- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 alcohol or drugs in any body fluid of any person;

This subdivision does not require access to or copies of informant identification, the names or identifying information of members of the public making complaints or inquiries, other information which would compromise an ongoing criminal investigation, or information which may be withheld from the public under -3- LB525 LB525 2026 another provision of law.

-9- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 (10) Information that relates details of physical and cyber assets of critical energy infrastructure or critical electric infrastructure, including (a) specific engineering, vulnerability, or detailed design information about proposed or existing critical energy infrastructure or critical electric infrastructure that (i) relates details about the production, generation, transportation, transmission, or distribution of energy, (ii) could be useful to a person in planning an attack on such critical infrastructure, and (iii) does not simply give the general location of the critical infrastructure and (b) the identity of personnel whose primary job function makes such personnel responsible for (i) providing or granting individuals access to physical or cyber assets or (ii) operating and maintaining physical or cyber assets, if a reasonable person, knowledgeable of the electric utility or energy industry, would conclude that the public disclosure of such identity could create a substantial likelihood of risk to such physical or cyber assets.

(11) The security standards, procedures, policies, plans, specifications, diagrams, access lists, and other security-related records of the Lottery Division of the Department of Revenue and those persons or entities with which the division has entered into contractual -10- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 relationships.

This section shall not apply to the release of -11- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 information for the purpose of scholarly research, examination by other public bodies for the protection of the resource or by recognized tribes, the Unmarked Human Burial Sites and Skeletal Remains Protection Act, or the federal Native American Graves Protection and Repatriation Act;

-4- LB525 LB525 2026 (16) Records or portions of records kept by public bodies which maintain collections of archaeological, historical, or paleontological significance which reveal the names and addresses of donors of such articles of archaeological, historical, or paleontological significance unless the donor approves disclosure, except as the records or portions thereof may be needed to carry out the purposes of the Unmarked Human Burial Sites and Skeletal Remains Protection Act or the federal Native American Graves Protection and Repatriation Act;

For purposes of this subdivision, (a) job application materials means employment applications, resumes, reference letters, and school transcripts and (b) finalist means any applicant who is not an applicant for a position described in section 85-106.06 and (i) who reaches the final pool of applicants, numbering four or more, from which the successful applicant is to be selected, (ii) who is an original -12- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 applicant when the final pool of applicants numbers less than four, or (iii) who is an original applicant and there are four or fewer original applicants;

(25) The security standards, procedures, policies, plans, specifications, diagrams, and access lists and other security-related records of the State Racing and Gaming Commission, those persons or -13- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 entities with which the commission has entered into contractual relationships, and the names of any individuals placed on the list of self-excluded persons with the commission as provided in section 9-1118.

Sections Sections 12 to 18 of this act shall be known and may be cited as the Conversational Artificial Intelligence Safety Act.

 ForFor purposes of the Conversational Artificial Intelligence Safety Act:

(1) Account holder means an individual who has, or opens, an account -14- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 or profile to use a conversational artificial intelligence service;

-5- LB525 LB525 2026 (2)(a) Conversational artificial intelligence service 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.

(v) Functions as a speaker and voice command interface or voice-voice-activated activated virtual assistant for a consumer electronic device;

(6)(a) Operator means a person who makes available a conversational -15- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 artificial intelligence service to the public.

(1) (1) An operator shall clearly and conspicuously disclose to each minor account holder that such minor account holder is interacting with artificial intelligence:

-16- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 (a) Explicit claims that the conversational artificial intelligence service is sentient or human;

 AnAn operator shall not knowingly and intentionally cause or program a conversational artificial intelligence service to make any representation or statement that explicitly indicates that the conversational artificial intelligence service is designed to provide professional mental or behavioral health care.

(2)(a) The Attorney General may bring a civil action for appropriate -6- LB525 LB525 2026 relief against an operator for a violation of the Conversational -17- ER166 ER166 LB525 LB525 MJP - 03/27/2026 MJP - 03/27/2026 Artificial Intelligence Safety Act, on behalf of the State of Nebraska or on behalf of any person aggrieved by a violation of the act.

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