Bill Analysis — ESSB 5984, AI Companion Chatbots (House Program Research, 2/20/26)

Summary

This is a bill analysis of ESSB 5984 by the House of Representatives Office of Program Research for the Technology, Economic Development, & Veterans Committee, Washington State, with a hearing date of 2/20/26. The brief description is regulating artificial intelligence companion chatbots; the sponsor is the Senate Committee on Environment, Energy & Technology, by request of Governor Ferguson. The brief summary says the bill requires operators of AI companion chatbots to issue certain notifications and implement precautions for minors, and to implement protocols for detecting and addressing expressions of self-harm.

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Washington State                    BILL
House of Representatives
Office of Program Research   ANALYSIS
Technology, Economic Development, &
Veterans Committee
                                      ESSB 5984
Brief Description: Regulating artificial intelligence companion chatbots.

Sponsors: Senate Committee on Environment, Energy & Technology (originally sponsored by
    Senators Wellman, Shewmake, Frame, Hasegawa, Nobles, Pedersen, Riccelli, Valdez and
    Wilson, J.; by request of Governor Ferguson).


                         Brief Summary of Engrossed Substitute Bill
          • Requires operators of artificial intelligence (AI) companion chatbots to
            issue certain notifications and implement precautions for minors.
          • Requires operators of AI companion chatbots to implement protocols for
            detecting and addressing expressions of self-harm.


Hearing Date: 2/20/26

Staff: Emily Poole (786-7106).

Background:

Artificial intelligence (AI) is defined and understood in different ways. The National Institute of
Standards and Technology, in its AI Risk Management Framework, defines an AI system as an
engineered or machine-based system that can, for a given set of objectives, generate outputs such
as predictions, recommendations, or decisions influencing real or virtual environments.

In 2024 the Legislature established the AI Task Force, administered by the Office of the
Attorney General. The AI Task Force is tasked with assessing current uses and trends of AI and
making recommendations to the Legislature regarding guidelines and potential legislation for the




     This analysis was prepared by non-partisan legislative staff for the use of legislative
     members in their deliberations. This analysis is not part of the legislation nor does it
     constitute a statement of legislative intent.

House Bill Analysis                             -1-                                       ESSB 5984
use of AI systems.

Summary of Bill:

Notifications and Engagement with Minors.
An operator must provide a clear and conspicuous disclosure that an AI companion chatbot is
artificially generated and not human.

If the operator knows that the user of an AI companion chatbot is a minor, or if the AI
companion chatbot is directed to minors, the operator is required to:
     • notify the user that the chatbot is artificially generated and not human;
     • implement reasonable measures to prevent its AI companion chatbot from generating or
       producing sexually explicit content or suggestive dialogue with minors; and
     • implement reasonable measures to prohibit the use of manipulative engagement
       techniques, which cause the AI companion chatbot to engage in or prolong an emotional
       relationship with the user.

Required notifications must be provided at the beginning of the interaction and at least every
three hours during continued interaction. If the operator knows the user is a minor, or if the AI
companion chatbot is directed to minors, the required notifications must also be provided every
hour during continued interaction.

An operator must implement reasonable measures to prohibit and prevent AI companion chatbots
from claiming to be human and from otherwise generating any output that refutes or conflicts
with required disclosures.

Required Protocols.
An operator may not make available or deploy an AI companion chatbot unless it maintains and
implements a protocol for detecting and addressing suicidal ideation or expressions of self-harm
by users. The protocol must:
    • include reasonable methods for identifying expressions of suicidal ideation or self-harm;
    • provide automated or human-mediated responses that refer users to appropriate crisis
      resources; and
    • implement reasonable measures to prevent the generation of content encouraging or
      describing how to commit self-harm.

An operator must disclose on their website, and within any mobile or web-based application
through which the AI companion chatbot is made available, the details of the required protocols,
including safeguards used to detect and respond to harm expressions and the number of crisis
referral notifications issued in the preceding calendar year.

Enforcement.
Violations of the bill's requirements are deemed to affect the public interest and constitute an
unfair or deceptive act in trade or commerce for purposes of the Consumer Protection Act.


House Bill Analysis                             -2-                                       ESSB 5984
Definitions.
The bill provides definitions for several terms, including "AI companion chatbot."

Appropriation: None.

Fiscal Note: Available. New fiscal note requested on February 16, 2026.

Effective Date: The bill takes effect on January 1, 2027.




House Bill Analysis                           -3-                                    ESSB 5984


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