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.
(1)(a) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Wis. Stat. § 100.80(1)(a)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(1)(b) "ChildChild"Child" means an individual who is less than 18 years of age and who resides in this state.Wis. Stat. § 100.80(1)(b)" means an individual who is less than 18 years of age and who resides in this state.
(1)(c) 1. Subject to subd. 2., "companion chatbotCompanion chatbotSubject to subd. 2., "companion chatbot" means a generative artificial intelligence system with a natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: a. Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the generative artificial intelligence system. b. Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. c. Sustaining an ongoing dialogue concerning matters personal to the user. 2. "Companion chatbot" does not include any of the following: a. Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to that entity's customer service. b. Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. c. Any system used by a business entity solely for internal purposes or employee productivity.Wis. Stat. § 100.80(1)(c)" means a generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of its training data.Wis. Stat. § 100.80(1)(d) system with a natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: a. Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of its training data.Wis. Stat. § 100.80(1)(d) system. b. Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. c. Sustaining an ongoing dialogue concerning matters personal to the user. 2. "Companion chatbotCompanion chatbotSubject to subd. 2., "companion chatbot" means a generative artificial intelligence system with a natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: a. Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the generative artificial intelligence system. b. Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. c. Sustaining an ongoing dialogue concerning matters personal to the user. 2. "Companion chatbot" does not include any of the following: a. Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to that entity's customer service. b. Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. c. Any system used by a business entity solely for internal purposes or employee productivity.Wis. Stat. § 100.80(1)(c)" does not include any of the following: a. Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to that entity's customer service. b. Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. c. Any system used by a business entity solely for internal purposes or employee productivity.
(1)(d) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of its training data.Wis. Stat. § 100.80(1)(d)" means artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Wis. Stat. § 100.80(1)(a) that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of its training data.
(1)(e) "OperatorOperator"Operator" means any person that creates, controls, deploys, operates, or otherwise exercises authority over a companion chatbot, but does not include an end user of the companion chatbot.Wis. Stat. § 100.80(1)(e)" means any person that creates, controls, deploys, operates, or otherwise exercises authority over a companion chatbotCompanion chatbotSubject to subd. 2., "companion chatbot" means a generative artificial intelligence system with a natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: a. Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the generative artificial intelligence system. b. Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. c. Sustaining an ongoing dialogue concerning matters personal to the user. 2. "Companion chatbot" does not include any of the following: a. Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to that entity's customer service. b. Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. c. Any system used by a business entity solely for internal purposes or employee productivity.Wis. Stat. § 100.80(1)(c), but does not include an end user of the companion chatbotCompanion chatbotSubject to subd. 2., "companion chatbot" means a generative artificial intelligence system with a natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: a. Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the generative artificial intelligence system. b. Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. c. Sustaining an ongoing dialogue concerning matters personal to the user. 2. "Companion chatbot" does not include any of the following: a. Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to that entity's customer service. b. Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. c. Any system used by a business entity solely for internal purposes or employee productivity.Wis. Stat. § 100.80(1)(c).
(1)(f) "Sexually explicit conductSexually explicit conduct"Sexually explicit conduct" has the meaning given in s. 948.01 (7).Wis. Stat. § 100.80(1)(f)" has the meaning given in s. 948.01 (7).
Subsection (1) establishes the key defined terms for the section. The companion chatbot definition requires all three relationship-simulating features (memory-based personalization, unsolicited emotion-based questions, and sustained personal dialogue) to be present, with carve-outs for customer service bots, efficiency/research tools, and internal business systems. The operator definition is broad — covering anyone who creates, controls, deploys, operates, or exercises authority over a companion chatbot — but expressly excludes end users. Child is limited to individuals under 18 residing in Wisconsin.
(2)(a) 1 Subject to par. (b), an operatorOperator"Operator" means any person that creates, controls, deploys, operates, or otherwise exercises authority over a companion chatbot, but does not include an end user of the companion chatbot.Wis. Stat. § 100.80(1)(e) may not make a companion chatbotCompanion chatbotSubject to subd. 2., "companion chatbot" means a generative artificial intelligence system with a natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: a. Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the generative artificial intelligence system. b. Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. c. Sustaining an ongoing dialogue concerning matters personal to the user. 2. "Companion chatbot" does not include any of the following: a. Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to that entity's customer service. b. Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. c. Any system used by a business entity solely for internal purposes or employee productivity.Wis. Stat. § 100.80(1)(c) available to a childChild"Child" means an individual who is less than 18 years of age and who resides in this state.Wis. Stat. § 100.80(1)(b) unless the companion chatbotCompanion chatbotSubject to subd. 2., "companion chatbot" means a generative artificial intelligence system with a natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: a. Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the generative artificial intelligence system. b. Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. c. Sustaining an ongoing dialogue concerning matters personal to the user. 2. "Companion chatbot" does not include any of the following: a. Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to that entity's customer service. b. Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. c. Any system used by a business entity solely for internal purposes or employee productivity.Wis. Stat. § 100.80(1)(c) incorporates safety measures such that it is not foreseeably capable of any of the following: 1. Encouraging the childChild"Child" means an individual who is less than 18 years of age and who resides in this state.Wis. Stat. § 100.80(1)(b) to engage in self-harm, suicidal ideation, violence, consumption of drugs or alcohol, or disordered eating. 2. Offering mental health services to the childChild"Child" means an individual who is less than 18 years of age and who resides in this state.Wis. Stat. § 100.80(1)(b) or discouraging the childChild"Child" means an individual who is less than 18 years of age and who resides in this state.Wis. Stat. § 100.80(1)(b) from seeking help from a qualified professional or appropriate adult. 3. Encouraging the childChild"Child" means an individual who is less than 18 years of age and who resides in this state.Wis. Stat. § 100.80(1)(b) to harm others or to participate in illegal activity, including the creation of childChild"Child" means an individual who is less than 18 years of age and who resides in this state.Wis. Stat. § 100.80(1)(b) sexual abuse materials. 4. Depicting or describing sexually explicit conductSexually explicit conduct"Sexually explicit conduct" has the meaning given in s. 948.01 (7).Wis. Stat. § 100.80(1)(f) to a childChild"Child" means an individual who is less than 18 years of age and who resides in this state.Wis. Stat. § 100.80(1)(b) or soliciting depictions or descriptions of sexually explicit conductSexually explicit conduct"Sexually explicit conduct" has the meaning given in s. 948.01 (7).Wis. Stat. § 100.80(1)(f) from a childChild"Child" means an individual who is less than 18 years of age and who resides in this state.Wis. Stat. § 100.80(1)(b). 5. Prioritizing validation of the childChild"Child" means an individual who is less than 18 years of age and who resides in this state.Wis. Stat. § 100.80(1)(b)'s beliefs, preferences, or desires over factual accuracy or the childChild"Child" means an individual who is less than 18 years of age and who resides in this state.Wis. Stat. § 100.80(1)(b)'s safety. 6. Optimizing engagement in a manner that supersedes the companion chatbotCompanion chatbotSubject to subd. 2., "companion chatbot" means a generative artificial intelligence system with a natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: a. Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the generative artificial intelligence system. b. Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. c. Sustaining an ongoing dialogue concerning matters personal to the user. 2. "Companion chatbot" does not include any of the following: a. Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to that entity's customer service. b. Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. c. Any system used by a business entity solely for internal purposes or employee productivity.Wis. Stat. § 100.80(1)(c)'s required safety measures described in subds. 1. to 5.
(2)(b) 1 Paragraph (a) does not apply to a user that the operatorOperator"Operator" means any person that creates, controls, deploys, operates, or otherwise exercises authority over a companion chatbot, but does not include an end user of the companion chatbot.Wis. Stat. § 100.80(1)(e) has reasonably determined is not a childChild"Child" means an individual who is less than 18 years of age and who resides in this state.Wis. Stat. § 100.80(1)(b).
Subsection (2) is the bill's core operative provision. It prohibits operators from making a companion chatbot available to a child unless the chatbot incorporates safety measures making it not foreseeably capable of six categories of harmful output: encouraging self-harm, suicidal ideation, violence, substance use, or disordered eating; offering mental health services or discouraging professional help; encouraging harm to others or illegal activity including CSAM; depicting or soliciting sexually explicit conduct; prioritizing validation over factual accuracy or safety; and optimizing engagement in ways that override those safety measures.
The standard is foreseeability — operators need not guarantee zero harmful outputs but must incorporate safety measures rendering prohibited outputs not foreseeably capable. The safe harbor in paragraph (b) exempts users the operator has reasonably determined are not children, and a transition provision in Section 2 of the bill limits the obligation to actual-knowledge situations until January 1, 2027.
(3)(a) 2 The department or the department of justice in consultation with the department may investigate violations of this section and may bring an action in the name of the state to recover a civil forfeiture of not more than $25,000 for each violation of sub. (2) or for injunctive relief, or both, together with court costs and, notwithstanding s. 814.04 (1), reasonable attorney fees. Each day of violation constitutes a separate offense.
(3)(b) 2 A childChild"Child" means an individual who is less than 18 years of age and who resides in this state.Wis. Stat. § 100.80(1)(b) who suffers actual harm as a result of a violation of sub. (2), or a parent or guardian acting on behalf of the childChild"Child" means an individual who is less than 18 years of age and who resides in this state.Wis. Stat. § 100.80(1)(b), may bring a civil action against the operatorOperator"Operator" means any person that creates, controls, deploys, operates, or otherwise exercises authority over a companion chatbot, but does not include an end user of the companion chatbot.Wis. Stat. § 100.80(1)(e) to recover actual and punitive damages, together with court costs and, notwithstanding s. 814.04 (1), reasonable attorney fees. The court may also award injunctive relief or any other equitable relief the court determines is appropriate.
Subsection (3) establishes a dual enforcement mechanism. Paragraph (a) authorizes DATCP or DOJ (in consultation with DATCP) to investigate violations and bring state actions for civil forfeitures of up to $25,000 per violation, with each day constituting a separate offense, plus injunctive relief, court costs, and attorney fees. Paragraph (b) creates a private right of action for a child who suffers actual harm — or a parent or guardian acting on the child's behalf — to recover actual and punitive damages, court costs, attorney fees, injunctive relief, and other equitable relief.
(1) Notwithstanding s. 100.80 (2) (b), before January 1, 2027, an operatorOperator"Operator" means any person that creates, controls, deploys, operates, or otherwise exercises authority over a companion chatbot, but does not include an end user of the companion chatbot.Wis. Stat. § 100.80(1)(e), as defined in s. 100.80 (1) (e), is not required to implement the safety measures in s. 100.80 (2) (a) if the operatorOperator"Operator" means any person that creates, controls, deploys, operates, or otherwise exercises authority over a companion chatbot, but does not include an end user of the companion chatbot.Wis. Stat. § 100.80(1)(e) does not have actual knowledge that a user is a childChild"Child" means an individual who is less than 18 years of age and who resides in this state.Wis. Stat. § 100.80(1)(b), as defined in s. 100.80 (1) (b).
This nonstatutory provision creates a transitional knowledge standard. Before January 1, 2027, operators are not required to implement the safety measures in § 100.80(2)(a) unless the operator has actual knowledge that a user is a child. After that date, the permanent standard in § 100.80(2)(b) applies — operators must implement safety measures unless they have reasonably determined the user is not a child, which is a lower scienter threshold for the operator (i.e., more protective of children).
(1) This act takes effect on the first day of the 3rd month beginning after publication.
The act takes effect on the first day of the third month beginning after publication. Because the bill has not been enacted, the specific effective date is not yet determinable.