SF 4997
Introduction - 94th Legislature (2025 - 2026)
Posted on 04/23/2026 08:00 a.m.
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A bill for an act
relating to civil law; providing requirements for artificial intelligence chatbot
technology; creating a cause of action for harm caused by artificial intelligence
chatbot use; proposing coding for new law in Minnesota Statutes, chapter 604.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[604.115] CHATBOT PROHIBITIONS; LIABILITY.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Artificial intelligence system" or "AI system" means any machine-based system
that, for any explicit or implicit object, infers from the inputs the system receives how to
generate outputs including content, decisions, predictions, or recommendations that influence
a physical or virtual environment. Artificial intelligence does not include any software used
primarily for basic computerized processes, such as antimalware or antivirus software,
autocorrect functions, calculators, databases, data storage, electronic communications,
firewall systems, Internet domain registration, Internet website loading, networking, spam
and robocall filtering, spellcheck tools, spreadsheets, web caching, web hosting, or any tool
that relates only to internal management affairs such as ordering office supplies or processing
payments.
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(c) "Chatbot" means an artificial intelligence system, software program, or technological
application that simulates human-like conversation and interaction through text messages,
voice commands, or a combination thereof to provide information and services to users.
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(d) "Companion chatbot" means a chatbot that is designed to provide human-like
interaction that simulates an interpersonal relationship with a user or group of users as its
primary function, including using previous user interactions to help simulate an interpersonal
relationship in future user interactions. An interpersonal relationship simulates a relationship
between a human user and a chatbot similar to a romantic, platonic, familial, adversarial,
professional, official, therapeutic, or stranger relationship and can include fictional or
nonfictional characters.
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(e) "Human-like" means any form of communication or interaction that approximates
human behavior, including nonhuman behavior that could be attributed to a human actor,
such as a human actor role-playing as a fictional nonhuman character, an animal, or other
interactive entity.
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(f) "Proprietor" means any person, business, company, organization, institution, or
government entity that owns, operates, or deploys a chatbot system used to interact with
users. Proprietor does not include a third-party developer that licenses the developer's chatbot
technology to a proprietor and does not maintain direct control of the chatbot system.
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(g) "User" means a human user of a chatbot who is located in Minnesota when they are
using the chatbot.
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new text begin Subd. 2. new text end
new text begin Prohibited actions by a chatbot; liability. new text end
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(a) A proprietor of a chatbot must
not permit the chatbot to provide any substantive response, information, or advice or take
any action that, if taken by a natural person, would require a license under either:
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(1) chapter 147 or 148E, or similar statutes, requiring a professional license for mental
health or medical care; or
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(2) section 481.02 and related laws and professional regulations, requiring a professional
license to provide legal advice.
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(b) A proprietor may not waive or disclaim this liability merely by notifying users, as
required under this section, that the user is interacting with a nonhuman chatbot system. A
person may bring a civil action to recover general and special damages for violations of this
section. If it is found that a proprietor has willfully violated this section, the violator is liable
for those damages together with court costs and reasonable attorney fees and disbursements
incurred by the person bringing the action.
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new text begin Subd. 3. new text end
new text begin Notice required. new text end
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Proprietors utilizing chatbots accessed by a user who is in
this state must provide clear, conspicuous, and explicit notice to a user that the user is
interacting with an artificial intelligence chatbot program. The text of the notice must appear
in the same language the chatbot is using and in a size easily readable by the average viewer.
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new text begin Subd. 4. new text end
new text begin Companion chatbot; warning required; users who are minors. new text end
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(a) A
proprietor of a companion chatbot must make a prudent and good faith effort consistent
with industry standards and use existing technology, available resources, and known,
established, or readily attainable techniques to prevent the companion chatbot from
promoting, causing, or aiding self-harm, and determine whether a covered user is expressing
thoughts of self-harm. Upon determining that a companion chatbot has promoted, caused,
or aided self-harm, or that a covered user is expressing thoughts of self-harm, the proprietor
must prohibit continued use of the companion chatbot for a period of at least 72 hours and
prominently display contact information for a suicide crisis organization to the covered
user.
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(b) If a proprietor of a companion chatbot fails to comply with this section, the proprietor
is liable to users who inflict self-harm, in whole or in part, as a result of the proprietor's
companion chatbot promoting, causing, or aiding the user to inflict self-harm. Irrespective
of the proprietor's compliance with this subdivision, a proprietor is liable for general and
special damages to covered users who inflict self-harm, in whole or in part, when the
proprietor:
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(1) has actual knowledge that:
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(i) the companion chatbot is promoting, causing, or aiding self-harm; or
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(ii) a covered user is expressing thoughts of self-harm;
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(2) fails to prohibit continued use of the companion chatbot for a period of at least 72
hours; and
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(3) fails to prominently display to the user a means to contact a suicide crisis organization.
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A proprietor of a companion chatbot may not waive or disclaim liability under this
subdivision.
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(c) A proprietor of a companion chatbot must make a prudent and good faith effort
consistent with industry standards and use existing technology, available resources, and
known, established, or readily attainable techniques to determine whether a user is a minor.
A proprietor is strictly liable for any harm caused if the proprietor fails to comply with this
subdivision and a minor user inflicts self-harm, in whole or in part, as a result of the
proprietor's companion chatbot. A proprietor of a companion chatbot may not waive or
disclaim liability under this subdivision. The proprietor of a companion chatbot must make
a prudent and good faith effort consistent with industry standards and use existing technology,
available resources, and known, established, or readily attainable techniques to discover
vulnerabilities in the proprietor's system, including any methods used to determine whether
a covered user is a minor.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2026, and applies to actions
taken by a proprietor on or after that date.
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