The Legislature finds that agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) is a proprietary business asset that originates from the farm, land, devices, and equipment of agricultural producersAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4). To protect the economic value of this data and the autonomy of Nebraska producers, the sale of such data shall be protected and the security of such data shall be maintained through reasonable safeguards.

(1)–(15) For purposes of the Agricultural DataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) Privacy Act: (1) Affiliate means a personPersonPerson means a natural person or legal entity;Sec. 13(7) or entity that directly or indirectly controls, is controlled by, or is under common control with a controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7) or processorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12); (2) Aggregated data means agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) that has been combined with other data from various sources and summarized so that the resulting data cannot reasonably be linked to an identified or identifiable agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4), farm, parcel, device, or equipment; (3) Agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3): (a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4): Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (iii) Any data that is described under subdivision (3)(a) of this section that would otherwise qualify as agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3), if such data is made available to the general public by an agency as defined in section 84-901; (4) Agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4) means the personPersonPerson means a natural person or legal entity;Sec. 13(7) that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) originates; (5) Agronomic data means information relating to soil management or crop production, including data relating to any crop, field, planting activity, seed type, yield, disease and pest management, fertilizer type or application, or prescription; (6) Climate and weather data means information regarding the conditions of the atmosphere at a place and time and how such conditions generally prevail in such place over a long period of time that is collected, produced, or generated by the equipment of an agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4) or by devices located on the land of an agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4). Climate and weather data: (a) Includes the following information: Precipitation type and amount, wind speed and direction, and temperature; and (b) Does not include information that is made available to the general public by a governmental entity or public source; (7) ControllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7) means a personPersonPerson means a natural person or legal entity;Sec. 13(7) who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3); (8) Derived data means data that has been significantly modified, processed, analyzed, or compiled. Derived data includes agronomic insights, reports, and predictive models; (9) Land data means information regarding the physical attributes of a parcel of land, including the types and fertility of soils, the topography, elevation, watershed, and drainage of such parcel, and geospatial information regarding such parcel; (10) Livestock data means information regarding the production of animals by an agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4), including animal identification practices, pedigree information, genetic information, and feed consumption information; (11) Management data means information regarding the management of an agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4)'s agricultural operations. Farm management data includes: (a) The finances, taxes, and employment of the agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4); (b) The price received or paid for any commodity; (c) Data regarding the compliance of the agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4) with any law; (d) Data regarding the supply chain for a commodity that is produced or used by the agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4); and (e) Information regarding the tillage and conservation practices of the agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4); (12) ProcessorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12) means a personPersonPerson means a natural person or legal entity;Sec. 13(7) who or entity that processes agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) on behalf of a controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7); (13)(a) Sale of agricultural dataSale of agricultural data(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; and (b) Sale of agricultural data does not include any: (i) Disclosure or transfer of agricultural data to a processor by a controller; (ii) Use of agricultural data by a processor, if such use is authorized by a controller; (iii) Disclosure, transfer, or use of agricultural data for the purpose of a controller or processor providing a service to an agricultural producer; (iv) Disclosure, transfer, or use of agricultural data to an affiliate of the controller or processor; (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; (vi) Disclosure that is required by a state or federal law, regulation, subpoena, investigative demand, or court order; (vii) Disclosure that is required for compliance with a state or federal safety, emissions, or environmental obligation; (viii) Disclosure of information that an agricultural producer: (A) Intentionally made available to the general public through a mass media channel; and (B) Did not restrict to a specific audience; (ix) Disclosure or transfer of agricultural data by a controller to a third party as an asset in which the third party assumes control of all or a part of the controller's assets and that is part of a proposed or actual: (A) Merger; (B) Acquisition; (C) Bankruptcy; or (D) Transaction; or (x) Disclosure, transfer, or use that is reasonably necessary to detect, prevent, or respond to any fraud, abuse, cybersecurity threat, illegal conduct, data integrity issue, or equipment misuse;Sec. 3(13) means the exchange of agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) for monetary or other valuable consideration by a controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7) or processorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12) to a third party; and (b) Sale of agricultural dataSale of agricultural data(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; and (b) Sale of agricultural data does not include any: (i) Disclosure or transfer of agricultural data to a processor by a controller; (ii) Use of agricultural data by a processor, if such use is authorized by a controller; (iii) Disclosure, transfer, or use of agricultural data for the purpose of a controller or processor providing a service to an agricultural producer; (iv) Disclosure, transfer, or use of agricultural data to an affiliate of the controller or processor; (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; (vi) Disclosure that is required by a state or federal law, regulation, subpoena, investigative demand, or court order; (vii) Disclosure that is required for compliance with a state or federal safety, emissions, or environmental obligation; (viii) Disclosure of information that an agricultural producer: (A) Intentionally made available to the general public through a mass media channel; and (B) Did not restrict to a specific audience; (ix) Disclosure or transfer of agricultural data by a controller to a third party as an asset in which the third party assumes control of all or a part of the controller's assets and that is part of a proposed or actual: (A) Merger; (B) Acquisition; (C) Bankruptcy; or (D) Transaction; or (x) Disclosure, transfer, or use that is reasonably necessary to detect, prevent, or respond to any fraud, abuse, cybersecurity threat, illegal conduct, data integrity issue, or equipment misuse;Sec. 3(13) does not include any: (i) Disclosure or transfer of agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) to a processorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12) by a controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7); (ii) Use of agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) by a processorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12), if such use is authorized by a controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7); (iii) Disclosure, transfer, or use of agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) for the purpose of a controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7) or processorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12) providing a serviceServiceService 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, over-the-air update, or purchase of a commodity from the agricultural producer;Sec. 3(14) to an agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4); (iv) Disclosure, transfer, or use of agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) to an affiliate of the controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7) or processorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12); (v) Disclosure that is expressly directed, initiated, or authorized in writing by an agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4) to a designated third party, including any input provider, advisor, lender, insurer, cooperative, or digital platform chosen by the producer; (vi) Disclosure that is required by a state or federal law, regulation, subpoena, investigative demand, or court order; (vii) Disclosure that is required for compliance with a state or federal safety, emissions, or environmental obligation; (viii) Disclosure of information that an agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4): (A) Intentionally made available to the general public through a mass media channel; and (B) Did not restrict to a specific audience; (ix) Disclosure or transfer of agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) by a controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7) to a third party as an asset in which the third party assumes control of all or a part of the controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7)'s assets and that is part of a proposed or actual: (A) Merger; (B) Acquisition; (C) Bankruptcy; or (D) Transaction; or (x) Disclosure, transfer, or use that is reasonably necessary to detect, prevent, or respond to any fraud, abuse, cybersecurity threat, illegal conduct, data integrity issue, or equipment misuse; (14) ServiceServiceService 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, over-the-air update, or purchase of a commodity from the agricultural producer;Sec. 3(14) means any serviceServiceService 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, over-the-air update, or purchase of a commodity from the agricultural producer;Sec. 3(14) that is provided by a controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7) or processorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12) to an agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4) and that may be used to maintain, diagnose, repair, support, secure, improve, or provide any equipment, software, device, technology, product, or serviceServiceService 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, over-the-air update, or purchase of a commodity from the agricultural producer;Sec. 3(14) to the agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4), including any telematic serviceServiceService 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, over-the-air update, or purchase of a commodity from the agricultural producer;Sec. 3(14), remote diagnostic, predictive maintenance, warranty administration, safety notification, recall activity, cybersecurity serviceServiceService 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, over-the-air update, or purchase of a commodity from the agricultural producer;Sec. 3(14), product improvement, quality improvement, system performance enhancement, internal algorithm training, over-the-air update, or purchase of a commodity from the agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4); and (15) Sustainability data means information regarding greenhouse-gas emissions, carbon sequestration, and water-quality impact, and any other environmental or conservation practice used to verify sustainability claims.

(1)–(4) 1 For purposes of this section, control means a personPersonPerson means a natural person or legal entity;Sec. 13(7) has the power to: (a) Avail substantially all of the benefits from such agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3); (b) Prevent other personsPersonPerson means a natural person or legal entity;Sec. 13(7) from availing substantially all of the benefits from such agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3); and (c) Transfer a power described in subdivision (a) or (b) of this subsection to another personPersonPerson means a natural person or legal entity;Sec. 13(7). (2) An agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4) is the owner, and has control, of the agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) that originates from the farm, land, device, or equipment of such agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4). (3) A controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7) or processorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12) that collects, stores, or uses agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) is deemed to have a nonexclusive right of control over such agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) solely for the purpose of providing servicesServiceService 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, over-the-air update, or purchase of a commodity from the agricultural producer;Sec. 3(14), maintaining equipment, or performing data processing authorized by the agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4). (4) The nonexclusive right of control that is granted to a controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7) or processorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12) under this section does not include the power to engage in the sale of such agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3).

(1)–(2) 2 A controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7) or processorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12) shall not engage in the sale of agricultural dataSale of agricultural data(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; and (b) Sale of agricultural data does not include any: (i) Disclosure or transfer of agricultural data to a processor by a controller; (ii) Use of agricultural data by a processor, if such use is authorized by a controller; (iii) Disclosure, transfer, or use of agricultural data for the purpose of a controller or processor providing a service to an agricultural producer; (iv) Disclosure, transfer, or use of agricultural data to an affiliate of the controller or processor; (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; (vi) Disclosure that is required by a state or federal law, regulation, subpoena, investigative demand, or court order; (vii) Disclosure that is required for compliance with a state or federal safety, emissions, or environmental obligation; (viii) Disclosure of information that an agricultural producer: (A) Intentionally made available to the general public through a mass media channel; and (B) Did not restrict to a specific audience; (ix) Disclosure or transfer of agricultural data by a controller to a third party as an asset in which the third party assumes control of all or a part of the controller's assets and that is part of a proposed or actual: (A) Merger; (B) Acquisition; (C) Bankruptcy; or (D) Transaction; or (x) Disclosure, transfer, or use that is reasonably necessary to detect, prevent, or respond to any fraud, abuse, cybersecurity threat, illegal conduct, data integrity issue, or equipment misuse;Sec. 3(13) without the express written consent of the agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4). (2) Written consent for the sale of agricultural dataSale of agricultural data(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; and (b) Sale of agricultural data does not include any: (i) Disclosure or transfer of agricultural data to a processor by a controller; (ii) Use of agricultural data by a processor, if such use is authorized by a controller; (iii) Disclosure, transfer, or use of agricultural data for the purpose of a controller or processor providing a service to an agricultural producer; (iv) Disclosure, transfer, or use of agricultural data to an affiliate of the controller or processor; (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; (vi) Disclosure that is required by a state or federal law, regulation, subpoena, investigative demand, or court order; (vii) Disclosure that is required for compliance with a state or federal safety, emissions, or environmental obligation; (viii) Disclosure of information that an agricultural producer: (A) Intentionally made available to the general public through a mass media channel; and (B) Did not restrict to a specific audience; (ix) Disclosure or transfer of agricultural data by a controller to a third party as an asset in which the third party assumes control of all or a part of the controller's assets and that is part of a proposed or actual: (A) Merger; (B) Acquisition; (C) Bankruptcy; or (D) Transaction; or (x) Disclosure, transfer, or use that is reasonably necessary to detect, prevent, or respond to any fraud, abuse, cybersecurity threat, illegal conduct, data integrity issue, or equipment misuse;Sec. 3(13) shall be obtained through a clear and conspicuous disclosure that is separate from the primary terms of serviceServiceService 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, over-the-air update, or purchase of a commodity from the agricultural producer;Sec. 3(14) or data use agreement.

(1) 3 Beginning on January 1, 2027, every new contract or agreement involving the collection or processing of agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) in this state shall contain a specific provision stating that the controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7) or processorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12) is prohibited from engaging in the sale of such agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) without the express written consent of the agricultural producerAgricultural producerAgricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;Sec. 3(4).

(2) Any contract provision that waives or limits the requirements of the Agricultural DataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) Privacy Act is contrary to public policy and is void and unenforceable.

(1)–(2) 4 Any controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7) or processorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12) in custody or possession of agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) shall establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and accessibility of such agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3). (2) Such security practices shall be appropriate for the volume and nature of the agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) and protect against unauthorized access, use, disclosure, modification, or loss.

(1)–(2) The Attorney General may bring an action in the district court of Lancaster County against any controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7) or processorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12) that violates the Agricultural DataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) Privacy Act to: (a) Seek injunctive relief; or (b) Recover a civil penalty in the amount of one thousand dollars for each separate violation. Any such civil penalty that is recovered shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. (2) The Agricultural DataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) Privacy Act shall not be construed to create any new private cause of action. The enforcement authority granted to the Attorney General under this section shall be the exclusive remedy for violations of the Agricultural DataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) Privacy Act.

(1)–(3) 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 controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7) or processorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12) with a written notice that identifies the specific provision of section 6 or 7 of this act that the Attorney General alleges has been or is being violated. (2) No such action for a civil penalty shall be initiated if, within forty-five days after receiving the written notice, the controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7) or processorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12): (a) Cures each such alleged violation; and (b) Provides the Attorney General with a written statement that specifies that each such alleged violation has been cured and that such controllerControllerController means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;Sec. 3(7) or processorProcessorProcessor means a person who or entity that processes agricultural data on behalf of a controller;Sec. 3(12) will refrain from further violations of the Agricultural DataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) Privacy Act. (3) This section shall not apply to any violation of section 5 of this act.

(1)–(4) The Agricultural DataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) Privacy Act shall not be construed to: (1) Limit or supersede any duty or obligation that is imposed by any federal law or any other law of the State of Nebraska; (2) Relieve any personPersonPerson means a natural person or legal entity;Sec. 13(7) from any duty or obligation otherwise imposed by law; (3) Impair, supersede, or otherwise affect the terms of any private contract that is in existence prior to the operative date of this section; or (4) Limit or supersede any duty or obligation that is imposed by any natural resources district that is operating pursuant to Chapter 2, article 32, any agency as defined in section 84-901, or any employee or agent of such natural resources district or state agency when acting in performance of a statutory duty.

(30) Agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) as defined in section 3 of this act, unless prior written consent has been obtained from the owner of such agricultural dataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) under the Agricultural DataAgricultural data(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and (b) Does not include any of the following: (i) Aggregated data; (ii) Derived data; and (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;Sec. 3(3) Privacy Act.

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

(1)–(8) For purposes of the Conversational Artificial Intelligence Safety Act: (1) Account holderAccount holderAccount holder means an individual who has, or opens, an account or profile to use a conversational artificial intelligence service;Sec. 13(1) means an individualIndividualIndividual means a natural person;Sec. 13(3) who has, or opens, an account or profile to use a conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2); (2)(a) Conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2) 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. (b) Conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2) does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2); (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer serviceServiceService 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, over-the-air update, or purchase of a commodity from the agricultural producer;Sec. 3(14) or strictly to provide users with information about available commercial servicesServiceService 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, over-the-air update, or purchase of a commodity from the agricultural producer;Sec. 3(14) or products provided by the business, customer serviceServiceService 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, over-the-air update, or purchase of a commodity from the agricultural producer;Sec. 3(14) account information, or other information strictly related to the business's customer serviceServiceService 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, over-the-air update, or purchase of a commodity from the agricultural producer;Sec. 3(14); (3) IndividualIndividualIndividual means a natural person;Sec. 13(3) means a natural personPersonPerson means a natural person or legal entity;Sec. 13(7); (4) MinorMinorMinor means an individual that, based upon the circumstance, the operator has actual knowledge or reasonable certainty is younger than eighteen years of age;Sec. 13(4) means an individualIndividualIndividual means a natural person;Sec. 13(3) that, based upon the circumstance, the operatorOperator(a) Operator means a person who makes available a conversational artificial intelligence service to the public. (b) Operator does not include mobile application stores or search engines solely because they provide access to a conversational artificial intelligence service;Sec. 13(6) has actual knowledge or reasonable certainty is younger than eighteen years of age; (5) Minor account holderMinor account holderMinor account holder means an account holder who is a minor;Sec. 13(5) means an account holderAccount holderAccount holder means an individual who has, or opens, an account or profile to use a conversational artificial intelligence service;Sec. 13(1) who is a minorMinorMinor means an individual that, based upon the circumstance, the operator has actual knowledge or reasonable certainty is younger than eighteen years of age;Sec. 13(4); (6)(a) OperatorOperator(a) Operator means a person who makes available a conversational artificial intelligence service to the public. (b) Operator does not include mobile application stores or search engines solely because they provide access to a conversational artificial intelligence service;Sec. 13(6) means a personPersonPerson means a natural person or legal entity;Sec. 13(7) who makes available a conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2) to the public. (b) OperatorOperator(a) Operator means a person who makes available a conversational artificial intelligence service to the public. (b) Operator does not include mobile application stores or search engines solely because they provide access to a conversational artificial intelligence service;Sec. 13(6) does not include mobile application stores or search engines solely because they provide access to a conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2); (7) PersonPersonPerson means a natural person or legal entity;Sec. 13(7) means a natural personPersonPerson means a natural person or legal entity;Sec. 13(7) or legal entity; and (8) Sexually explicit conductSexually explicit conductSexually explicit conduct and visual depiction have the same meanings as in 18 U.S.C. 2256.Sec. 13(8) and visual depiction have the same meanings as in 18 U.S.C. 2256.

(1) 5 An operatorOperator(a) Operator means a person who makes available a conversational artificial intelligence service to the public. (b) Operator does not include mobile application stores or search engines solely because they provide access to a conversational artificial intelligence service;Sec. 13(6) shall clearly and conspicuously disclose to each minor account holderMinor account holderMinor account holder means an account holder who is a minor;Sec. 13(5) that such minor account holderMinor account holderMinor account holder means an account holder who is a minor;Sec. 13(5) is interacting with artificial intelligence: (a) As a persistent visible disclaimer; or (b) Both: (i) At the beginning of each session; and (ii) Appearing at least every three hours in a continuous conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2) interaction.

(2) 6 An operatorOperator(a) Operator means a person who makes available a conversational artificial intelligence service to the public. (b) Operator does not include mobile application stores or search engines solely because they provide access to a conversational artificial intelligence service;Sec. 13(6) shall not provide a minor account holderMinor account holderMinor account holder means an account holder who is a minor;Sec. 13(5) with points or similar rewards at unpredictable intervals with the intent to encourage increased engagement with the conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2).

(3) 7 An operatorOperator(a) Operator means a person who makes available a conversational artificial intelligence service to the public. (b) Operator does not include mobile application stores or search engines solely because they provide access to a conversational artificial intelligence service;Sec. 13(6) shall, for minor account holdersMinor account holderMinor account holder means an account holder who is a minor;Sec. 13(5), institute reasonable measures to prevent the conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2) from: (a) Producing visual depictions of sexually explicit conductSexually explicit conductSexually explicit conduct and visual depiction have the same meanings as in 18 U.S.C. 2256.Sec. 13(8); (b) Generating direct statements that the account holderAccount holderAccount holder means an individual who has, or opens, an account or profile to use a conversational artificial intelligence service;Sec. 13(1) should engage in sexually explicit conductSexually explicit conductSexually explicit conduct and visual depiction have the same meanings as in 18 U.S.C. 2256.Sec. 13(8); or (c) Generating statements that sexually objectify the account holderAccount holderAccount holder means an individual who has, or opens, an account or profile to use a conversational artificial intelligence service;Sec. 13(1).

(4) 8 For minor account holdersMinor account holderMinor account holder means an account holder who is a minor;Sec. 13(5), the operatorOperator(a) Operator means a person who makes available a conversational artificial intelligence service to the public. (b) Operator does not include mobile application stores or search engines solely because they provide access to a conversational artificial intelligence service;Sec. 13(6) shall institute reasonable measures to prevent the conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2) from generating statements that would lead a reasonable personPersonPerson means a natural person or legal entity;Sec. 13(7) to believe that they are interacting with a human, including: (a) Explicit claims that the conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2) is sentient or human; (b) Statements that simulate emotional dependence; (c) Statements that simulate romantic or sexual innuendos; or (d) Role-playing of adult-minorMinorMinor means an individual that, based upon the circumstance, the operator has actual knowledge or reasonable certainty is younger than eighteen years of age;Sec. 13(4) romantic relationships.

(5) 9 An operatorOperator(a) Operator means a person who makes available a conversational artificial intelligence service to the public. (b) Operator does not include mobile application stores or search engines solely because they provide access to a conversational artificial intelligence service;Sec. 13(6) shall offer tools for minor account holdersMinor account holderMinor account holder means an account holder who is a minor;Sec. 13(5), and, when such account holdersAccount holderAccount holder means an individual who has, or opens, an account or profile to use a conversational artificial intelligence service;Sec. 13(1) are younger than thirteen years of age, their parents or guardians, to manage the account holdersAccount holderAccount holder means an individual who has, or opens, an account or profile to use a conversational artificial intelligence service;Sec. 13(1)' privacy and account settings. An operatorOperator(a) Operator means a person who makes available a conversational artificial intelligence service to the public. (b) Operator does not include mobile application stores or search engines solely because they provide access to a conversational artificial intelligence service;Sec. 13(6) shall also offer related tools to the parents or guardians of minor account holdersMinor account holderMinor account holder means an account holder who is a minor;Sec. 13(5) thirteen years of age and older, as appropriate based on relevant risks.

10 If a reasonable personPersonPerson means a natural person or legal entity;Sec. 13(7) interacting with a conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2) would be misled to believe that the personPersonPerson means a natural person or legal entity;Sec. 13(7) is interacting with a human, an operatorOperator(a) Operator means a person who makes available a conversational artificial intelligence service to the public. (b) Operator does not include mobile application stores or search engines solely because they provide access to a conversational artificial intelligence service;Sec. 13(6) shall clearly and conspicuously disclose that the conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2) is artificial intelligence.

11 An operatorOperator(a) Operator means a person who makes available a conversational artificial intelligence service to the public. (b) Operator does not include mobile application stores or search engines solely because they provide access to a conversational artificial intelligence service;Sec. 13(6) shall adopt a protocol for the conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2) to respond to user prompts regarding suicidal ideation or self-harm that includes, but is not limited to, making reasonable efforts to provide a response to the user that refers them to crisis serviceServiceService 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, over-the-air update, or purchase of a commodity from the agricultural producer;Sec. 3(14) providers such as a suicide hotline, crisis text line, or other appropriate crisis servicesServiceService 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, over-the-air update, or purchase of a commodity from the agricultural producer;Sec. 3(14).

12 An operatorOperator(a) Operator means a person who makes available a conversational artificial intelligence service to the public. (b) Operator does not include mobile application stores or search engines solely because they provide access to a conversational artificial intelligence service;Sec. 13(6) shall not knowingly and intentionally cause or program a conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2) to make any representation or statement that explicitly indicates that the conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2) is designed to provide professional mental or behavioral health care.

(1)–(2) The Attorney General may enforce the Conversational Artificial Intelligence Safety Act. (2)(a) The Attorney General may bring a civil action for appropriate relief against an operatorOperator(a) Operator means a person who makes available a conversational artificial intelligence service to the public. (b) Operator does not include mobile application stores or search engines solely because they provide access to a conversational artificial intelligence service;Sec. 13(6) for a violation of the Conversational Artificial Intelligence Safety Act, on behalf of the State of Nebraska or on behalf of any personPersonPerson means a natural person or legal entity;Sec. 13(7) aggrieved by a violation of the act. (b) In an action under this section, appropriate relief includes: (i) Such preliminary and other equitable or declaratory relief as may be appropriate; (ii) An award of actual damages; (iii) Civil penalties of at least one thousand dollars per violation, but in no event more than five hundred thousand dollars per operatorOperator(a) Operator means a person who makes available a conversational artificial intelligence service to the public. (b) Operator does not include mobile application stores or search engines solely because they provide access to a conversational artificial intelligence service;Sec. 13(6). Any such civil penalty that is recovered shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska; and (iv) Reasonable expenses incurred in bringing the civil action, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs.

(3) Nothing in the Conversational Artificial Intelligence Safety Act shall be interpreted as creating a private right of action.

(4) The Conversational Artificial Intelligence Act shall not create liability for the developer of an artificial intelligence model for any violation of the act by a conversational artificial intelligence system developed by a third-party operatorOperator(a) Operator means a person who makes available a conversational artificial intelligence service to the public. (b) Operator does not include mobile application stores or search engines solely because they provide access to a conversational artificial intelligence service;Sec. 13(6) to provide a conversational artificial intelligence serviceConversational artificial intelligence service(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. (b) Conversational artificial intelligence service does not include an application, web interface, or computer program that is any of the following: (i) Primarily designed and marketed for use by developers or researchers; (ii) A feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service; (iii) Designed to provide outputs relating to a narrow and discrete topic; (iv) Primarily designed and marketed for commercial use by business entities; (v) Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; (vi) Used by a business solely for internal purposes; or (vii) Used by a business solely for customer service or strictly to provide users with information about available commercial services or products provided by the business, customer service account information, or other information strictly related to the business's customer service;Sec. 13(2) for such developer.

Sections 12, 13, 14, 15, 16, 17, and 18 of this act become operative on July 1, 2027. The other sections of this act become operative on their effective date.

Original section 84-712.05, Reissue Revised Statutes of Nebraska, is repealed.