SS#2/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 identify itself as male or female. Moreover, an AI system shall not be designated or appointed or serve in any capacity as the chief executive officer, director, owner, or other similar position for which final authority resides for any state department, division, or agency, or any corporation, partnership, or other legal entity. 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 8-9) 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 licensed professionals who provide a regulated service, as that term is defined in the act. A licensed professional rendering a regulated service shall exercise independent professional judgment, as that term is defined in the act, and retain final authority over any determination, diagnosis, recommendation, or decision within the scope of the licensed 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 requirement to exercise independent professional judgment does not prohibit the use of an AI system in the course of performing a regulated service. 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 licensed professional who uses an AI system in the performance of a regulated service bears the responsibility of any mistakes resulting from the use of the AI system in the rendering of a service in the same manner in which the licensed professional would have been held liable in a scenario in which an AI system was not used or relied upon. Likewise, a licensed professional providing a regulated service who unreasonably relies upon any content produced by an AI system in rendering such a regulated service and such service thereafter causes any harm, whether direct or indirect, to the person for whom the service was rendered, shall also be liable for such harm in the same manner in which the licensed professional would have been held liable in a scenario in which an AI system was not used or relied upon. An AI system shall not be held liable in any respect for any harm caused in such a circumstance. Any attempt to shift fault, in whole or in part, onto the AI system shall be of no effect. 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. Oversight of AI Systems and Responsibility for Harm (Subsections 10-12) Any contractual term purporting to assign responsibility exclusively for any action to an AI system is void as against public policy. An end user of an AI system shall be liable for any harm done in connection with the use of an AI system in the same manner in which the end user would have been held liable in a scenario in which an AI system was not used. An end user is an individual who uses an AI system without creating, controlling, deploying, or exercising authority over the system. The act of labeling an AI system in a way to indicate that it is aligned, ethically trained, or value locked, even if the label does not use one of those terms specifically, shall not excuse or diminish the owner's or developer's liability for harms. Liability protections under corporate law shall not be used to evade responsibility for direct harm caused by AI systems. Enforcement and Remedies for Violation (Subsection 14) Nothing in this section shall be construed to create or expand civil liability as established in any other provision of law or available under common law. Application of Other Legal Principles and Actions to AI Systems (Subsections 15-23) An AI system is considered a product for the purposes of product liability and consumer protection laws in this state, provided that nothing in this subsection shall be construed to create or expand civil liability as established in any other provision of law or available under common 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. To the extent that any provision is inconsistent with federal law, the relevant provisions of federal law will prevail. No settlement agreement, consent decree, or other resolution shall include any non-disclosure term, provided that nothing shall prevent a court from issuing a protective order necessary to safeguard certain personal information. 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). AI COMPANION CHATBOTS (Section 1.2058) The act creates new provisions relating to companion chatbots. A companion chatbot is an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. An operator of a companion chatbot shall issue a clear and conspicuous notification indicating that the companion chatbot is artificially generated and not human. An operator shall prevent a companion chatbot on its companion chatbot platform from engaging with users unless the operator maintains a protocol for preventing the production of suicidal ideation, suicide, self-harm, or harm to others content to the user, including, but not limited to, by providing a notification to the user that refers the user to crisis service providers, including a suicide hotline or crisis text line, if the user expresses suicidal ideation, suicide, self-harm, or harm to others. The operator shall publish details on the protocol required by this act on the operator's website. Operators of companion chatbots are required to: • Disclose to the user that the user is interacting with artificial intelligence; • Provide by default a clear and conspicuous notification to the user at least every two hours for continuing companion chatbot interactions that reminds the user to take a break and that the companion chatbot is artificially generated and not human; • With respect to a user who is a minor, institute reasonable measures to prevent its companion chatbot from producing visual material of sexually explicit conduct or directly stating that the minor should engage in sexually explicit conduct. An operator shall disclose to a user of its companion chatbot platform, on the application, the browser, or any other format that a user can use to access the companion chatbot platform, that companion chatbots may not be suitable for minors. The act requires operators of companion chatbots to make annual reports to the Department of Mental Health regarding crisis interactions and instances of suicidal ideation by users. The Director of the Department of Mental Health shall prepare an annual report that compiles and analyzes all information reported to the Department pursuant to this subsection. Such report shall be delivered to the Speaker of the House of Representatives and the President Pro Tempore of the Senate not later than January 31 of the calendar year following the receipt of the data by the Department. A person who suffers injury in fact as a result of a violation of this provision may bring a civil action to recover all of the following relief: • Injunctive relief; • Damages in an amount equal to the greater of actual damages or one thousand dollars per violation; and • Reasonable attorney's fees and costs. 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). This act contains a severability clause. SCOTT SVAGERA