Adds to existing law to establish the Conversational AI Safety Act.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1297 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO THE CONVERSATIONAL AI SAFETY ACT; AMENDING TITLE 48, IDAHO CODE,2 BY THE ADDITION OF A NEW CHAPTER 21, TITLE 48, IDAHO CODE, TO PROVIDE A3 SHORT TITLE, TO DEFINE TERMS, TO ESTABLISH PROVISIONS REGARDING OPERA-4 TOR REQUIREMENTS, TO ESTABLISH PROVISIONS REGARDING OPERATOR REQUIRE-5 MENTS FOR MINORS, AND TO PROVIDE FOR PENALTIES AND ENFORCEMENT; AND PRO-6 VIDING AN EFFECTIVE DATE.7

Be It Enacted by the Legislature of the State of Idaho:8

SECTION 1. That Title 48, Idaho Code, be, and the same is hereby amended9 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-10 ter 21, Title 48, Idaho Code, and to read as follows:11 CHAPTER 2112 CONVERSATIONAL AI SAFETY ACT13 48-2101. SHORT TITLE. This chapter shall be known and may be cited as14 the "Conversational AI Safety Act."15 48-2102. DEFINITIONS. As used in this chapter:16 (1) "Account holder" means an individual who has or opens an account or17 profile to use a conversational AI service.18 (2)(a) "Conversational AI service" means an artificial intelligence19 software application, web interface, or computer program that is ac-20 cessible to the general public and that primarily simulates human con-21 versation and interaction through textual, visual, or aural communica-22 tions.23 (b) "Conversational AI service" does not include a software applica-24 tion, web interface, or computer program that is any of the following:25 (i) Primarily designed and marketed for use by developers or re-26 searchers;27 (ii) A feature within another software application, web inter-28 face, or computer program that is not a conversational AI service;29 (iii) Designed to provide outputs relating to a narrow and dis-30 crete topic;31 (iv) Primarily designed and marketed for commercial use by busi-32 ness entities, including those whose primary intended users are33 employees, contractors, or clients of business entities, whether34 delivered via cloud, on premises, or hybrid deployments;35 (v) Designed to function as a speaker and voice command interface36 or voice-activated virtual assistant for a consumer electronic37 device;38 (vi) Used by a business solely for internal purposes; or39

2 (vii) Accessible only to individuals who have entered into a com-1 mercial agreement, enterprise contract, or similar business ar-2 rangement with the operator.3 (3) "Individual" means a natural person.4 (4) "Minor" means an individual under circumstances where an operator5 has actual knowledge or reasonable certainty that the individual is under6 eighteen (18) years of age.7 (5) "Minor account holder" means an account holder who is a minor.8 (6) "Operator" means a person who develops and makes available a con-9 versational AI service to the public. Operator does not include mobile ap-10 plication stores or search engines solely because they provide access to a11 conversational AI service.12 (7) "Person" means a natural person or legal entity.13 (8) "Sexually explicit conduct" and "visual depiction" have the same14 meanings as provided in 18 U.S.C. 2256.15 48-2103. OPERATOR REQUIREMENTS. (1) If reasonable persons would be16 misled to believe that they are interacting with a human, an operator shall17 clearly and conspicuously disclose that the conversational AI service is18 artificial intelligence.19 (2) An operator shall adopt a protocol for the conversational AI ser-20 vice to respond to user prompts regarding suicidal ideation that includes21 but is not limited to making reasonable efforts to provide a response to22 users that refers them to crisis service providers such as a suicide hotline,23 crisis text line, or other appropriate crisis services.24 (3) An operator shall not knowingly and intentionally cause or program25 a conversational AI service to make any representation or statement that ex-26 plicitly indicates that the conversational AI service is designed to provide27 professional mental or behavioral health care.28 48-2104. OPERATOR REQUIREMENTS -- MINORS. (1) An operator shall29 clearly and conspicuously disclose to minor account holders that they are30 interacting with artificial intelligence:31 (a) As a persistent visible disclaimer; or32 (b) Both:33 (i) At the beginning of each session; and34 (ii) Appearing at least every three (3) hours in a continuous con-35 versational AI service interaction.36 (2) Where an operator knows or has reasonable certainty that an account37 holder is a minor, the operator shall not provide the user with points or38 similar rewards at unpredictable intervals with the intent to encourage in-39 creased engagement with the conversational AI service.40 (3) For minor account holders, an operator shall institute reasonable41 measures to prevent the conversational AI service from:42 (a) Producing visual material of sexually explicit conduct;43 (b) Generating direct statements that the account holder should engage44 in sexually explicit conduct; or45 (c) Generating statements that sexually objectify the account holder.46 (4) For minor account holders, an operator shall institute reasonable47 measures to prevent a conversational AI service from generating statements48

3 that would lead reasonable persons to believe that they are interacting with1 a human, including:2 (a) Explicit claims that the conversational AI service is sentient or3 human;4 (b) Statements that simulate emotional dependence;5 (c) Statements that simulate romantic or sexual innuendos; or6 (d) Role-playing of adult-minor romantic relationships.7 (5) An operator shall offer tools for minor account holders and, where8 such account holders are under thirteen (13) years of age, their parents or9 guardians, to manage the account holder's privacy and account settings. An10 operator shall also offer related tools to the parents or guardians of minor11 account holders thirteen (13) years of age and older, as appropriate based on12 relevant risks.13 48-2105. PENALTIES AND ENFORCEMENT. (1) An operator that violates the14 provisions of this chapter shall be subject to an injunction and liable for15 civil penalties of one thousand dollars ($1,000) per violation, not to ex-16 ceed five hundred thousand dollars ($500,000) per operator, or actual dam-17 ages, whichever is greater.18 (2) Civil penalties for violations of the provisions of this chapter19 are to be sought by the attorney general. Nothing in this chapter shall be20 construed as creating a private right of action to enforce the provisions of21 this chapter or to support a private right of action under any other law.22 (3) This chapter shall not create liability for the developer of an AI23 model for any violation of this chapter by an AI system developed by a third24 party to provide a conversational AI service.25

SECTION 2. This act shall be in full force and effect on and after July26 1, 2027.27