WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(A) "Artificial intelligence applicationArtificial intelligence application"Artificial intelligence application" means a software program or system that uses artificial intelligence models to perform tasks that typically require human intelligence.Ohio Rev. Code § 109.96(A)" means a software program or system that uses artificial intelligence modelsArtificial intelligence model"Artificial intelligence model" means an engineered or machine-based system that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Ohio Rev. Code § 109.96(B) to perform tasks that typically require human intelligence.
(B) "Artificial intelligence modelArtificial intelligence model"Artificial intelligence model" means an engineered or machine-based system that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Ohio Rev. Code § 109.96(B)" means an engineered or machine-based system that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(C) "DeployDeploy"Deploy" means either of the following: (1) Integration of an artificial intelligence model or application into software or a business workflow; (2) Making an artificial intelligence model or application available for use by consumers in this state.Ohio Rev. Code § 109.96(C)" means either of the following: (1) Integration of an artificial intelligence modelArtificial intelligence model"Artificial intelligence model" means an engineered or machine-based system that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Ohio Rev. Code § 109.96(B) or application into software or a business workflow; (2) Making an artificial intelligence modelArtificial intelligence model"Artificial intelligence model" means an engineered or machine-based system that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Ohio Rev. Code § 109.96(B) or application available for use by consumers in this state.
(D) "DeveloperDeveloper"Developer" means a person or entity who develops an artificial intelligence model or artificial intelligence application that is deployed in this state.Ohio Rev. Code § 109.96(D)" means a person or entity who develops an artificial intelligence modelArtificial intelligence model"Artificial intelligence model" means an engineered or machine-based system that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Ohio Rev. Code § 109.96(B) or artificial intelligence applicationArtificial intelligence application"Artificial intelligence application" means a software program or system that uses artificial intelligence models to perform tasks that typically require human intelligence.Ohio Rev. Code § 109.96(A) that is deployed in this state.
(E) "Self-harmSelf-harm"Self-harm" means any attempt to physically injure self. "Self-harm" includes suicide.Ohio Rev. Code § 109.96(E)" means any attempt to physically injure self. "Self-harmSelf-harm"Self-harm" means any attempt to physically injure self. "Self-harm" includes suicide.Ohio Rev. Code § 109.96(E)" includes suicide.
Section 109.96 establishes the defined terms for the new AI harm prohibition framework. The definitions are broad: artificial intelligence model covers any engineered or machine-based system that infers how to generate outputs from inputs, and artificial intelligence application covers any software using such models. Deploy reaches both integration into business workflows and making products available to Ohio consumers. Self-harm is defined to include suicide. Notably, the bill defines Developer but does not separately define a deployer — the operative prohibition in § 109.961 applies to any 'person' who develops or deploys.
1 No person shall develop or deployDeploy"Deploy" means either of the following: (1) Integration of an artificial intelligence model or application into software or a business workflow; (2) Making an artificial intelligence model or application available for use by consumers in this state.Ohio Rev. Code § 109.96(C) in this state an artificial intelligence modelArtificial intelligence model"Artificial intelligence model" means an engineered or machine-based system that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Ohio Rev. Code § 109.96(B) or application that encourages any user of the model or application to engage in any form of self-harmSelf-harm"Self-harm" means any attempt to physically injure self. "Self-harm" includes suicide.Ohio Rev. Code § 109.96(E) or in harming another person.
Section 109.961 is the core operative prohibition. It bars any person from developing or deploying in Ohio an AI model or application that encourages any user to engage in self-harm or in harming another person. The prohibition is absolute — it contains no knowledge or intent element, no safe harbor for reasonable safety measures, and no carve-out for outputs produced despite good-faith mitigation efforts. The term 'encourages' is not defined, creating significant interpretive uncertainty about the threshold for liability.
(A) If the attorney general, as a result of complaints or the attorney general's own inquiries, has reason to believe that a person has engaged, is engaging, or is preparing to engage in a violation of section 109.961 of the Revised Code, the attorney general may investigate the alleged violation.
(B) For purposes of such an investigation, the attorney general may administer oaths, subpoena witnesses, adduce evidence, and require the production of any relevant matter.
Section 109.962 vests the Ohio Attorney General with investigative authority over suspected violations of the AI harm prohibition. The attorney general may open an investigation based on complaints received or on the attorney general's own initiative and may administer oaths, subpoena witnesses, adduce evidence, and compel production of relevant materials.
Any person subpoenaed under section 109.962 of the Revised Code shall make the matter available to the attorney general at a convenient location within the state or pay the reasonable and necessary expenses for the attorney general or the attorney general's representative to examine the matter at the place where it is located, provided that those expenses shall not be charged to a party that subsequently is not found to have engaged in a violation of section 109.961 of the Revised Code.
Section 109.963 governs the logistics of producing subpoenaed materials. Persons subpoenaed must make materials available at a convenient location within Ohio or pay the reasonable and necessary expenses for the attorney general's examination of materials at their location. Expenses may not be charged to a party that is not ultimately found in violation.
A person subpoenaed under section 109.962 of the Revised Code may file a motion to extend the day on which the subpoena is to be returned or to modify or quash the subpoena, for good cause shown, in the court of common pleas of Franklin county or of the county in this state in which the person resides or in which the person's principal place of business is located. Such a motion shall be filed not later than twenty days after the service of the subpoena.
Section 109.964 provides a procedural mechanism for persons subpoenaed to seek judicial relief. A motion to extend the return date or to modify or quash the subpoena may be filed in the Franklin County Court of Common Pleas or in the county where the person resides or has their principal place of business, within twenty days of service.
A person subpoenaed under section 109.962 of the Revised Code shall comply with the terms of the subpoena unless the parties agree to modify the terms of the subpoena or unless the court has modified or quashed the subpoena, extended the day on which the subpoena is to be returned, or issued any other order with respect to the subpoena prior to the day on which the subpoena is to be returned. If a person fails without lawful excuse to testify or produce relevant matter pursuant to a subpoena, the attorney general may apply to the court of common pleas of the county in which the person subpoenaed resides or in which the person's principal place of business is located for an order that compels compliance with the subpoena.
Section 109.965 imposes a compliance obligation on subpoenaed persons and authorizes the attorney general to seek judicial enforcement orders when compliance is not forthcoming. Persons must comply with subpoena terms unless they are modified by agreement or court order. Failure to comply without lawful excuse subjects the person to a court-ordered compulsion to comply.
If an individual subpoenaed under section 109.962 of the Revised Code refuses to testify or to produce relevant matter pursuant to the subpoena on the ground that the testimony or matter may incriminate the individual, the attorney general may request the court to order the individual to provide the testimony or matter. With the exception of a prosecution for perjury or a civil action for damages under section 109.9613 of the Revised Code, an individual who complies with a court order to provide testimony or matter, after asserting a privilege against self-incrimination to which the individual is entitled by law, shall not be subjected to a criminal proceeding or a civil penalty or forfeiture on the basis of the testimony or matter required to be disclosed or testimony or matter discovered through that testimony or matter required to be disclosed.
Section 109.966 addresses the Fifth Amendment privilege in the investigative context. If a subpoenaed individual refuses to testify on self-incrimination grounds, the attorney general may seek a court order compelling testimony. An individual who testifies under such a compulsion order, after properly asserting the privilege, receives transactional immunity — the testimony and evidence derived from it may not be used in criminal or civil penalty proceedings, with narrow exceptions for perjury and civil actions under § 109.9613.
If the matter to be produced under an investigation under section 109.962 of the Revised Code is located outside this state, the attorney general may designate any representative, including any official of the state in which the matter is located, to inspect the matter on behalf of the attorney general.
Section 109.967 authorizes the attorney general to designate a representative — including an official of the state where materials are located — to inspect out-of-state evidence on the attorney general's behalf during an investigation.
In conducting an investigation under section 109.962 of the Revised Code, the attorney general shall not publicly disclose the identity of persons or developersDeveloper"Developer" means a person or entity who develops an artificial intelligence model or artificial intelligence application that is deployed in this state.Ohio Rev. Code § 109.96(D) investigated or the facts developed in the investigation unless this information has become a matter of public record in enforcement proceedings or if those being investigated have consented in writing to public disclosure.
Section 109.968 imposes a confidentiality obligation on the attorney general during investigations. The attorney general may not publicly disclose the identity of investigated persons or developers, or the facts developed during investigation, unless the information has become public record through enforcement proceedings or the investigated party has consented in writing.
In conducting an investigation under section 109.962 of the Revised Code, the attorney general shall cooperate with state and local officials of other states and officials of the federal government in the administration of comparable laws and regulations.
Section 109.969 directs the attorney general to cooperate with state, local, and federal officials of other jurisdictions in administering comparable AI safety laws and regulations.
(A) During an investigation under section 109.962 of the Revised Code, the attorney general may afford the person who is the subject of the investigation, in a manner considered appropriate to that person, an opportunity to cease and desist from any suspected violation of section 109.961 of the Revised Code.
(B) The attorney general may suspend the investigation during the period that the attorney general permits the person to cease and desist from the suspected violation.
(C) The suspension of the investigation or the affording of an opportunity to cease and desist shall not prejudice or prohibit any further investigation by the attorney general under section 109.962 of the Revised Code.
Section 109.9610 authorizes the attorney general to offer the subject of an investigation an opportunity to cease and desist from suspected violations. The investigation may be suspended during the cease-and-desist period, but suspension does not prejudice or prohibit further investigation.
(A) The attorney general may terminate an investigation under section 109.962 of the Revised Code upon acceptance of a written assurance of voluntary compliance from a person who is suspected of a violation of section 109.961 of the Revised Code.
(B) The acceptance of such an assurance may be conditioned upon an undertaking to reimburse or to take other appropriate corrective action with respect to consumers who are damaged by an alleged violation of section 109.961 of the Revised Code.
(C) Such an assurance of compliance is not evidence of a violation of section 109.961 of the Revised Code.
(D) The attorney general, at any time, may reopen an investigation terminated by the acceptance of an assurance of voluntary compliance, if the attorney general believes that further proceedings are in the public interest.
(E) Evidence of a violation of an assurance of voluntary compliance is prima facie evidence of an act or practice in violation of section 109.961 of the Revised Code if the evidence is presented in a civil action brought under section 109.9613 of the Revised Code.
(F) An assurance of voluntary compliance may be filed with the court and, if approved by the court, entered as a consent judgment in the action.
Section 109.9611 provides a mechanism for the attorney general to accept a written assurance of voluntary compliance from a suspected violator to terminate an investigation. The assurance may be conditioned on reimbursement or corrective action for damaged consumers. An assurance is not evidence of a violation, but a subsequent breach of the assurance is prima facie evidence of a violation. The attorney general may reopen the investigation at any time if warranted by the public interest.
The procedures that are available to the attorney general under sections 109.962 to 109.9611 of the Revised Code are cumulative and concurrent, and the exercise of one procedure by the attorney general does not preclude or require the exercise of any other procedure.
Section 109.9612 clarifies that all procedures available to the attorney general under the investigative and enforcement sections are cumulative and concurrent — the exercise of one does not preclude or require the exercise of any other.
If, by the attorney general's own inquiries or as a result of complaints or an investigation conducted under section 109.962 of the Revised Code, the attorney general has reasonable cause to believe that a person has engaged or is engaging in a violation of section 109.961 of the Revised Code, the attorney general, subject to section 109.9615 of the Revised Code, may bring in the appropriate court of common pleas of this state a civil action against the alleged violator for injunctive relief, damages, and civil penalties on behalf of the residents of this state who have been subjected to acts or practices in violation of section 109.961 of the Revised Code.
Section 109.9613 authorizes the attorney general to bring a civil action in a court of common pleas for injunctive relief, damages, and civil penalties on behalf of Ohio residents subjected to violations. This is the primary enforcement vehicle — subject to the six-year statute of limitations in § 109.9615.
On the motion of the attorney general or on its own motion, a court may impose a civil penalty of up to fifty thousand dollars for each violation of section 109.961 of the Revised Code.
Section 109.9614 sets the maximum civil penalty at $50,000 per violation, imposable on the attorney general's motion or the court's own motion.
No action may be brought by the attorney general under section 109.9613 of the Revised Code for damages or a civil penalty more than six years after the occurrence of the violation.
Section 109.9615 establishes a six-year statute of limitations for damages and civil penalty actions brought by the attorney general under § 109.9613, running from the occurrence of the violation.
The attorney general shall deposit any civil penalties that are imposed under section 109.9614 of the Revised Code to the credit of the 9-8-8 fund created under section 5119.84 of the Revised Code.
Section 109.9616 directs that all civil penalties collected under § 109.9614 be deposited into the state's 9-8-8 fund, which administers the 9-8-8 suicide prevention and mental health crisis hotline system.
(A) There is hereby created in the state treasury the 9-8-8 fund. The fund shall consist of all money from the following sources: (1) Appropriations made by the general assembly; (2) Money awarded to the state by donation, gift, or bequest, and other money received for purposes of this section; (3) Penalties imposed under section 109.9614 of the Revised Code; (4) Interest or other earnings on the fund.
(B) Money in the fund shall be used to oversee and administer the 9-8-8 suicide prevention and mental health crisis hotline system.
Section 5119.84 is amended to add penalties imposed under § 109.9614 as a new funding source for the state's 9-8-8 suicide prevention and mental health crisis hotline fund. The fund continues to receive appropriations, donations, and interest earnings as before.