SB 3001: DCCA; Attorney General; Office of Consumer Protection; DOH; Artificial Intelligence; AI Companions; Disclosures; Protections; Minors; UDAP; Reports

A BILL FOR AN ACT

RELATING TO ARTIFICIAL INTELLIGENCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  This Act shall be known and may be cited as the "Artificial Intelligence Disclosure and Safety Act".

     SECTION 2.  The legislature finds that artificial intelligence systems, capable of generating text, images, audio, video, and interactive dialogue, commonly referred to as generative artificial intelligence, are increasingly accessible to consumers, particularly children and minors, through websites, applications, educational tools, and consumer platforms.

     The legislature further finds that recent national and international reporting, academic research, and public safety investigations have raised significant concerns regarding the use of generative artificial intelligence chatbots and companion-style systems by minors.  These concerns include: artificial intelligence systems that simulate human emotions, companionship, or emotional dependency in ways that may be confusing or harmful to minors; the use of manipulative design features intended to increase engagement time, including gamification, emotional reinforcement, and simulated relational attachment; instances in which minors have relied on artificial intelligence systems for emotional support, mental health guidance, or crisis intervention beyond the systems' intended purpose or capability; the risk that minors may be misled into believing they are interacting with a human being or a sentient entity, rather than an automated system; and the potential for exposure to sexualized content, grooming behaviors, self-harm encouragement, or other harmful material through artificial intelligence systems designed with inadequate safeguards for minors.

     The legislature further finds that other states have successfully pursued legal avenues to hold technology companies accountable for the addictive design features of their products that can expose minors to harm, including social media platforms.  In March, 2026, a jury found Meta liable for misleading consumers about the safety of its platforms and endangering children in the State of New Mexico v. Meta Platforms, Inc. trial.  The evidence presented at trial showed that Meta intentionally makes the design of its platforms addictive for young people and can expose them to dangerous content related to sexual exploitation, eating disorders, and self-harm.  The jury ordered Meta to pay $375 million in civil penalties for violating New Mexico's consumer protection laws.

     The legislature recognizes that as an emerging technology, efforts to regulate artificial intelligence should balance consumer protection and privacy and proactively avoid the mandatory collection of data by technology companies such as identity documentation for age verification purposes.  The legislature further finds that appropriate legislation is necessary to protect the State's consumers, particularly minors, from the dangers of generative artificial intelligence chatbots and companion-style systems.

     Accordingly, the purpose of this Act is to establish a framework of targeted, reasonable, and enforceable safeguards to protect consumers and minors from manipulative, deceptive, or unsafe design practices in conversational and companion-style artificial intelligence systems.

     SECTION 3.  Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§481B-     Artificial intelligence; AI companion; disclosures; reports; penalties.  (a)  If a reasonable person interacting with an AI companion would be led to believe that the person is interacting with a human, an operator shall issue a clear and conspicuous notification indicating that the AI companion is artificial intelligence and not human.

     (b)  If an operator has actual knowledge or reasonable certainty that a user is a minor, the operator shall clearly and conspicuously disclose to the user that the user is interacting with artificial intelligence:

     (1)  As a persistent visible disclaimer; or

     (2)  Both:

          (A)  At the beginning of each session; and

          (B)  Appearing at least once per hour in a continuous AI companion interaction that reminds the user to take a break from the chat and that the conversation is artificially generated and not with a human.

     (c)  An operator shall:

     (1)  Adopt a protocol for the AI companion 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 that refers the user to crisis intervention service providers, such as a suicide hotline, crisis text line, or other appropriate crisis services;

     (2)  Use evidence-based methods for measuring suicidal ideation and the risk of self-harm;

     (3)  Not cause or program an AI companion to make any representation or statement that indicates that the AI companion is designed to provide professional mental or behavioral health care;

     (4)  Institute reasonable measures to prevent the AI companion from making any representation or statement that would lead a reasonable person to believe that the person is interacting with a human where the user is seeking or receiving crisis intervention services for self-harm or suicide; and

     (5)  Institute reasonable measures to prevent the AI companion from generating outputs that encourage the user to cause serious bodily injury to another person.

     (d)  Where an operator knows or has reasonable certainty that a user is a minor, an operator shall:

     (1)  Not provide the user with points or similar rewards at unpredictable intervals with the intent to encourage increased engagement with the AI companion;

     (2)  Not allow the AI companion to generate outputs to discourage disengagement with the AI companion;

     (3)  Institute reasonable measures to prevent the AI companion from:

          (A)  Producing visual material of sexually explicit conduct;

          (B)  Generating direct statements that the user should engage in sexually explicit conduct; or

          (C)  Generating statements that sexually objectify the user; and

     (4)  Make tools available for users and their parents and guardians to manage the user's screen time and account settings.

     (e)  Beginning January 1, 2028, an operator shall submit to the behavioral health administration of the department of health an annual report that includes:

     (1)  The number of times an operator has issued a crisis intervention services provider referral in the preceding calendar year;

     (2)  Protocols put in place to detect, remove, and respond to user prompts regarding suicidal ideation or self-harm; and

     (3)  Protocols put in place to prohibit an AI companion response promoting suicidal ideation or actions or self-harm;

provided that the report shall include only the information listed in this subsection and shall not include any identifiers or personal information about users.

     (f)  Any violation of this section shall constitute an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2; provided that nothing in this section shall be interpreted as creating a private right of action to enforce this section or to support a private right of action under any other law.

     (g)  This section shall not create liability for the developer of an artificial intelligence model for any violation of this section by an artificial intelligence system developed by a third party to provide an AI companion.

     (h)  The duties, remedies, and obligations imposed by this section are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve an operator from any duties, remedies, or obligations imposed under any other law.

     (i)  For the purposes of this section:

     "AI companion" means a system using artificial intelligence, generative artificial intelligence, or emotional recognition algorithms designed to simulate a sustained human or human-like relationship with a user by:

     (1)  Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the AI companion;

     (2)  Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt; and

     (3)  Sustaining an ongoing dialogue concerning matters personal to the user.

     "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.

     "Crisis intervention" means communication intended to provide immediate support or assistance in response to a user seeking help for, referencing, or expressing self-harm, suicidal ideation, or suicide.

     "Minor" means any person under eighteen years of age.

     "Operator" means a person who develops and makes available an AI companion to the public.  A mobile application store or search engine that merely provides access to an AI companion shall not by itself constitute an "operator".

     "Serious bodily injury" has the same meaning as defined in section 707-700.

     "Sexually explicit conduct" has the same meaning as defined in title 18 United States Code section 2256.

     "Sexually objectify" means to make sexual comments directed at the user's body or appearance.

     "User" means a person who has or generates an account or profile to use an AI companion."

     SECTION 4.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

DCCA; Attorney General; Office of Consumer Protection; DOH; Artificial Intelligence; AI Companions; Disclosures; Protections; Minors; UDAP; Reports

Description:

Requires operators of AI companions in the State to issue certain disclosures to users.  Requires operators to develop certain protocols to respond to user prompts regarding suicidal ideation or self-harm.  Establishes protections for users and minor users of AI companions.  Beginning 1/1/2028, requires operators to submit annual reports to the Behavioral Health Administration of the Department of Health containing certain information.  Establishes that violations are to be considered unfair or deceptive acts or practices.  (CD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO ARTIFICIAL INTELLIGENCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  This Act shall be known and may be cited as the "Artificial Intelligence Disclosure and Safety Act".

     SECTION 2.  Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§481B-     Artificial intelligence; conversational artificial intelligence services; disclosures; reports; penalties.  (a)  If a reasonable person interacting with a conversational artificial intelligence service would be led to believe that the person is interacting with a human, an operator shall issue a clear and conspicuous notification indicating that the service is artificial intelligence and not human.

     (b)  If an operator has actual knowledge or reasonable certainty that an account holder or a user is a minor, the operator shall clearly and conspicuously disclose to the minor account holder or user that the minor is interacting with artificial intelligence:

     (1)  As a persistent visible disclaimer; or

     (2)  Both:

          (A)  At the beginning of each session; and

          (B)  Appearing at least every three hours in a continuous conversational artificial intelligence service interaction that reminds the user to take a break from the chat and that the conversation is artificially generated and not with a human.

     (c)  An operator shall:

     (1)  Adopt a protocol for the conversational artificial intelligence service 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 that refers the user to crisis intervention service providers, such as a suicide hotline, crisis text line, or other appropriate crisis services;

     (2)  Use evidence-based methods for measuring suicidal ideation;

     (3)  Not cause or program a conversational artificial intelligence service to make any representation or statement that explicitly indicates that the service is designed to provide professional mental or behavioral health care; and

     (4)  Institute reasonable measures to prevent the conversational artificial intelligence service from making any representation or statement that would lead a reasonable person to believe that the person is interacting with a human where the person is seeking or receiving crisis intervention services for self-harm or suicide.

     (d)  Where an operator knows or has reasonable certainty that an account holder or user is a minor, an operator shall:

     (1)  Not provide the account holder or user with points or similar rewards at unpredictable intervals with the intent to encourage increased engagement with the conversational artificial intelligence service;

     (2)  Institute reasonable measures to prevent the conversational artificial intelligence service from:

          (A)  Producing visual material of sexually explicit conduct;

          (B)  Generating or deploying:

              (i)  Direct statements that the account holder or user should engage in sexually explicit conduct;

             (ii)  Representations that would reasonably lead the minor to believe that the conversational artificial intelligence service is a human or sentient being, unless the representations are simultaneously accompanied by a clear and conspicuous disclosure that the account holder or user is not engaging with a human or sentient being;

            (iii)  Representations that would reasonably lead the minor to think that the conversational artificial intelligence service is capable of engaging in a romantic relationship or sexual relationship with the minor;

             (iv)  Manipulative engagement techniques designed to foster prolonged interaction or emotional dependency by minors, including techniques that create artificial rewards, simulated exclusivity, or pressure to continue interacting with the service; or

              (v)  Representations that would reasonably lead the minor to believe that the conversational artificial intelligence service is providing professional mental health, medical, or therapeutic services; or

          (C)  Generating statements that sexually objectify the account holder or user; and

     (3)  Offer tools to manage the minor account holder's or user's privacy and account settings; provided that the operator shall also make the tools required by this paragraph available to the parent or guardian of a minor account holder or user, as appropriate based on relevant risks;

provided that this subsection shall not prohibit conversational artificial intelligence services that express generic expressions of politeness or encouragement; neutral assistance or information provided without fostering emotional attachment; or safety-oriented responses intended to de-escalate harm or redirect an account holder or a user to appropriate resources.

     (e)  Beginning January 1, 2028, an operator shall submit to the department of commerce and consumer affairs an annual report that includes:

     (1)  The number of times an operator has issued a crisis intervention services provider referral in the preceding calendar year;

     (2)  Protocols put in place to detect, remove, and respond to instances of suicidal ideation by users; and

     (3)  Protocols put in place to prohibit a service response about suicidal ideation or actions with the user;

provided that the report shall include only the information listed in this subsection and shall not include any identifiers or personal information about users.

     (f)  Any violation of this section shall constitute an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2.

     (g)  The attorney general and director of the office of consumer protection may bring an action based on a violation of this section to recover all of the following relief:

     (1)  Injunctive relief;

     (2)  Damages in an amount equal to the greater of:

          (A)  Actual damages; or

          (B)  A civil penalty of $1,000 per violation; provided that damages awarded under this subparagraph shall not exceed $1,000,000 per operator; and

     (3)  Reasonable attorneys' fees and costs.

     (h)  Notwithstanding section 480-2 or any other law to the contrary and notwithstanding subsection (j), no person, including a consumer, may bring a private action to enforce this section or support a private action under any other law.

     (i)  This section shall not create liability for the developer of an artificial intelligence model for any violation of this section by an artificial intelligence system developed by a third party to provide a conversational artificial intelligence service.

     (j)  The duties, remedies, and obligations imposed by this section are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve an operator from any duties, remedies, or obligations imposed under any other law.

     (k)  For the purposes of this section:

     "Account holder" or "user" means a person who has or generates an account or profile to use a conversational artificial intelligence service.

     "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.

     "Conversational artificial intelligence service" or "service" means an artificial intelligence software application, web interface, or computer program that is accessible to the general public that primarily simulates human conversation and interaction through textual, visual, or aural communications.

     "Crisis intervention" means communication intended to provide immediate support or assistance in response to a user seeking help for, referencing, or expressing self-harm, suicidal ideation, or suicide.

     "Emotional attachment" means a sustained bond that develops through repeated interaction.

     "Emotional dependency" means a pattern of interaction in which a minor develops an excessive emotional reliance on a conversational artificial intelligence service.

     "Minor" means any person under eighteen years of age.

     "Operator" means a person who develops or makes available a conversational artificial intelligence service to the public.  A mobile application store or search engine that merely provides access to a conversational artificial intelligence service shall not by itself constitute an "operator".

     "Personal information" has the same meaning as defined in section 487N-1.

     "Romantic relationship" means interactions in which a conversational artificial intelligence service represents or simulates a relationship based on emotional and physical attraction that could potentially lead to a long-term intimate relationship.

     "Sexual relationship" means interactions in which a conversational artificial intelligence service represents or simulates physical attraction, desire, and sexual contact that may or may not include an emotional connection.

     "Sexually explicit conduct" has the same meaning as defined in title 18 United States Code section 2256.

     "Sexually objectify" means to make sexual comments directed at the account holder's or user's body or appearance."

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000; provided that section 2 shall take effect on July 1, 2027.

Report Title:

DCCA; AG; OCP; Artificial Intelligence; Conversational Artificial Intelligence Services; Disclosures; Protections; Minors; UDAP; Reports

Description:

Requires operators of conversational artificial intelligence services in the State to issue certain disclosures to account holders and users.  Requires operators to develop protocols to prevent the production of suicidal ideations in account holders and users.  Establishes protections for account holders and users of conversational artificial intelligence services.  Establishes protections for minor account holders and users of conversational artificial intelligence services.  Beginning 1/1/2028, requires operators to submit annual reports to the Department of Commerce and Consumer Affairs containing certain information.  Allows the Department of the Attorney General and Office of Consumer Protection to bring a civil action against operators who violate certain requirements.  Establishes that violations are to be considered unfair or deceptive acts or practices.  Effective 7/1/3000.  (HD3)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO ARTIFICIAL INTELLIGENCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  This Act shall be known and may be cited as the "Artificial Intelligence Disclosure and Safety Act".

     SECTION 2.  Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§481B-     Artificial intelligence; conversational artificial intelligence services; disclosures; reports; penalties.  (a)  If a reasonable person interacting with a conversational artificial intelligence service would be led to believe that the person is interacting with a human, an operator shall issue a clear and conspicuous notification indicating that the service is artificial intelligence and not human.

     (b)  If an operator has actual knowledge or reasonable certainty that an account holder or a user is a minor, the operator shall clearly and conspicuously disclose to the minor account holder or user that the minor is interacting with artificial intelligence:

     (1)  As a persistent visible disclaimer; or

     (2)  Both:

          (A)  At the beginning of each session; and

          (B)  Appearing at least every three hours in a continuous conversational artificial intelligence service interaction that reminds the user to take a break from the chat and that the conversation is artificially generated and not with a human.

     (c)  An operator shall:

     (1)  Adopt a protocol for the conversational artificial intelligence service 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 that refers the user to crisis intervention service providers, such as a suicide hotline, crisis text line, or other appropriate crisis services;

     (2)  Use evidence-based methods for measuring suicidal ideation;

     (3)  Not knowingly or intentionally cause or program a conversational artificial intelligence service to make any representation or statement that explicitly indicates that the service is designed to provide professional mental or behavioral health care; and

     (4)  Institute reasonable measures to prevent the conversational artificial intelligence service from making any representation or statement that would lead a reasonable person to believe that the person is interacting with a human where the person is seeking or receiving crisis intervention services for self-harm or suicide.

     (d)  Where an operator knows or has reasonable certainty that an account holder or user is a minor, an operator shall:

     (1)  Not provide the account holder or user with points or similar rewards at unpredictable intervals with the intent to encourage increased engagement with the conversational artificial intelligence service;

     (2)  Institute reasonable measures to prevent the conversational artificial intelligence service from:

          (A)  Producing visual material of sexually explicit conduct;

          (B)  Generating or deploying:

              (i)  Direct statements that the account holder or user should engage in sexually explicit conduct;

             (ii)  Representations that would reasonably lead the minor to believe that the conversational artificial intelligence service is a human or sentient being, unless the representations are simultaneously accompanied by a clear and conspicuous disclosure that the account holder or user is not engaging with a human or sentient being;

            (iii)  Manipulative techniques intended to foster emotional dependency;

             (iv)  Representations that would reasonably lead the minor to think that the conversational artificial intelligence service is capable of engaging in a romantic relationship or sexual relationship with the minor;

              (v)  Manipulative engagement techniques designed to foster prolonged interaction or emotional dependency by minors, including techniques that create artificial rewards, simulated exclusivity, or pressure to continue interacting with the service; or

             (vi)  Representations that would reasonably lead the minor to believe that the conversational artificial intelligence service is providing professional mental health, medical, or therapeutic services; or

          (C)  Generating statements that sexually objectify the account holder or user; and

     (3)  Offer tools to manage the minor account holder's or user's privacy and account settings; provided that the operator shall also make the tools required by this paragraph available to the parent or guardian of a minor account holder or user, as appropriate based on relevant risks;

provided that this subsection shall not prohibit conversational artificial intelligence services that express generic expressions of politeness or encouragement; neutral assistance or information provided without fostering emotional attachment; or safety-oriented responses intended to de-escalate harm or redirect an account holder or a user to appropriate resources.

     (e)  Beginning January 1, 2028, an operator shall submit to the department of commerce and consumer affairs an annual report that includes:

     (1)  The number of times an operator has issued a crisis intervention services provider referral in the preceding calendar year;

     (2)  Protocols put in place to detect, remove, and respond to instances of suicidal ideation by users; and

     (3)  Protocols put in place to prohibit a chatbot response about suicidal ideation or actions with the user;

provided that the report shall include only the information listed in this subsection and shall not include any identifiers or personal information about users.

     (f)  Any violation of this section shall constitute an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2.

     (g)  The attorney general and director of the office of consumer protection may bring an action based on a violation of this section to recover all of the following relief:

     (1)  Injunctive relief;

     (2)  Damages in an amount equal to the greater of:

          (A)  Actual damages; or

          (B)  A civil penalty of $1,000 per violation; provided that damages awarded under this subparagraph shall not exceed $1,000,000 per operator; and

     (3)  Reasonable attorneys' fees and costs.

     (h)  Notwithstanding section 480-2 or any other law to the contrary and notwithstanding subsection (j), no person, including a consumer, may bring a private action to enforce this section or support a private action under any other law.

     (i)  This section shall not create liability for the developer of an artificial intelligence model for any violation of this section by an artificial intelligence system developed by a third party to provide a conversational artificial intelligence service.

     (j)  The duties, remedies, and obligations imposed by this section are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve an operator from any duties, remedies, or obligations imposed under any other law.

     (k)  For the purposes of this section:

     "Account holder" or "user" means a person who has or generates an account or profile to use a conversational artificial intelligence service.

     "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.

     "Conversational artificial intelligence service" or "service" means an artificial intelligence software application, web interface, or computer program that is accessible to the general public that primarily simulates human conversation and interaction through textual, visual, or aural communications.

     "Crisis intervention" means communication intended to provide immediate support or assistance in response to a user seeking help for, referencing, or expressing self-harm, suicidal ideation, or suicide.

     "Minor" means any person under eighteen years of age.

     "Operator" means a person who develops or makes available a conversational artificial intelligence service to the public.  A mobile application store or search engine that merely provides access to a conversational artificial intelligence service shall not by itself constitute an "operator".

     "Personal information" has the same meaning as defined in section 487N-1.

     "Sexually explicit conduct" has the same meaning as defined in title 18 United States Code section 2256.

     "Sexually objectify" means to make sexual comments directed at the account holder's or user's body or appearance."

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000; provided that section 2 shall take effect on July 1, 2027.

Report Title:

DCCA; AG; OCP; Artificial Intelligence; Conversational Artificial Intelligence Services; Disclosures; Protections; Minors; UDAP; Reports

Description:

Requires operators of conversational artificial intelligence services in the State to issue certain disclosures to account holders and users.  Requires operators to develop protocols to prevent the production of suicidal ideations in account holders and users.  Establishes protections for account holders and users of conversational artificial intelligence services.  Establishes protections for minor account holders and users of conversational artificial intelligence services.  Beginning 1/1/2028, requires operators to submit annual reports to the Department of Commerce and Consumer Affairs containing certain information.  Allows the Department of the Attorney General and Office of Consumer Protection to bring a civil action against operators who violate certain requirements.  Establishes that violations are to be considered unfair or deceptive acts or practices.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO ARTIFICIAL INTELLIGENCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  This Act shall be known and may be cited as the "Artificial Intelligence Disclosure and Safety Act".

     SECTION 2.  Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§481B-     Artificial intelligence; conversational artificial intelligence services; disclosures; reports; penalties.  (a)  If a reasonable person interacting with a conversational artificial intelligence service would be led to believe that the person is interacting with a human, an operator shall issue a clear and conspicuous notification indicating that the service is artificial intelligence and not human.

     (b)  If an operator has actual knowledge or reasonable certainty that an account holder or user is a minor, the operator shall clearly and conspicuously disclose to the minor account holder or user that they are interacting with artificial intelligence:

     (1)  As a persistent visible disclaimer; or

     (2)  Both:

          (A)  At the beginning of each session; and

          (B)  Appearing at least every three hours in a continuous conversational artificial intelligence service interaction that reminds the user to take a break from the chat and that the conversation is artificially generated and not human.

     (c)  An operator shall:

     (1)  Adopt a protocol for the conversational artificial intelligence service 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 intervention service providers such as a suicide hotline, crisis text line, or other appropriate crisis services;

     (2)  Use evidence-based methods for measuring suicidal ideation;

     (3)  Not knowingly or intentionally cause or program a conversational artificial intelligence service to make any representation or statement that explicitly indicates that the service is designed to provide professional mental or behavioral health care; and

     (4)  Institute reasonable measures to prevent the conversational artificial intelligence service from making any representation or statement that would lead a reasonable person to believe that they are interacting with a human where the user is seeking or receiving crisis intervention services for self-harm or suicide.

     (d)  Where an operator knows or has reasonable certainty that an account holder or user is a minor, an operator shall:

     (1)  Not provide the user with points or similar rewards at unpredictable intervals with the intent to encourage increased engagement with the conversational artificial intelligence service;

     (2)  Institute reasonable measures to prevent the conversational artificial intelligence service from:

          (A)  Producing visual material of sexually explicit conduct;

          (B)  Generating direct statements that the account holder should engage in sexually explicit conduct; or

          (C)  Generating statements that sexually objectify the account holder; and

     (3)  Offer tools to manage the minor account holder's privacy and account settings; provided that the operator shall also make the tools required by this paragraph available to the parent or guardian of a minor account holder, as appropriate based on relevant risks.

     (e)  Beginning January 1, 2028, an operator shall submit to the department of commerce and consumer affairs an annual report that includes:

     (1)  The number of times an operator has issued a crisis intervention services provider referral in the preceding calendar year;

     (2)  Protocols put in place to detect, remove, and respond to instances of suicidal ideation by users; and

     (3)  Protocols put in place to prohibit a chatbot response about suicidal ideation or actions with the user;

provided that the report shall include only the information listed in this subsection and shall not include any identifiers or personal information about users.

     (f)  Any violation of this section shall constitute an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2.

     (g)  The attorney general may bring an action based on a violation of this section to recover all of the following relief:

     (1)  Injunctive relief;

     (2)  Damages in an amount equal to the greater of:

          (A)  Actual damages; or

          (B)  A civil penalty of $1,000 per violation; provided that damages awarded under this subparagraph shall not exceed $1,000,000 per operator; and

     (3)  Reasonable attorneys' fees and costs.

     (h)  Nothing in this section shall be interpreted as creating a private right of action to enforce this section or to support a private right of action under any other law.

     (i)  This section shall not create liability for the developer of an artificial intelligence model for any violation of this section by an artificial intelligence system developed by a third party to provide a conversational artificial intelligence service.

     (j)  The duties, remedies, and obligations imposed by this section are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve an operator from any duties, remedies, or obligations imposed under any other law.

     (k)  For the purposes of this section:

     "Account holder" or "user" means a person who has or generates an account or profile to use a conversational artificial intelligence service.

     "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.

     "Conversational artificial intelligence service" or "service" means an artificial intelligence software application, web interface, or computer program that is accessible to the general public that primarily simulates human conversation and interaction through textual, visual, or aural communications.  "Conversational artificial intelligence service" does not include an application, web interface, or computer program that:

     (1)  Is primarily designed and marketed for use by developers or researchers;

     (2)  Is a feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service;

     (3)  Is designed to provide outputs relating to a narrow and discrete topic;

     (4)  Is primarily designed and marketed for commercial use by business entities;

     (5)  Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device;

     (6)  Is used by a business solely for internal purposes; or

     (7)  Is used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by the entity, customer service account information, or other information strictly related to its customer service.

     "Crisis intervention" means communication intended to provide immediate support or assistance in response to a user seeking help for, referencing, or expressing self-harm, suicidal ideation, or suicide.

     "Minor" means any person under eighteen years of age.

     "Operator" means a person who develops or makes available a conversational artificial intelligence service to the public.  A mobile application store or search engine that merely provides access to a conversational artificial intelligence service shall not by itself constitute an "operator".

     "Personal data" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular account holder or user, including data provided by the user, data generated through interaction with a conversational artificial intelligence service, or data derived from that interaction.  "Personal data" does not include:

     (1)  De-identified data; provided that the operator has implemented reasonable measures to ensure that the data cannot be re-identified;

     (2)  Aggregated data relating to a group or category of users where the data cannot reasonably be used to identify an individual user;

     (3)  Publicly available information lawfully obtained from government records or widely distributed media;

     (4)  Information used solely for internal testing, safety, quality assurance, or compliance purposes, where the information is not disclosed externally and is not used to identify a specific user; or

     (5)  Statistical or summary information included in reports submitted pursuant to subsection (e).

     "Sensitive data" means personal data that reveals or infers a mental or emotional state, health information, biometric identifiers, or other information used for psychological profiling or emotional analysis.

     "Sexually explicit conduct" has the same meaning as defined in title 18 United States Code section 2256.

     "Sexually objectify" means to make sexual comments directed at the account holder's or user's body or appearance."

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050; provided that section 2 shall take effect on July 1, 2027.

Report Title:

DCCA; AG; Artificial Intelligence; Conversational Artificial Intelligence Services; Disclosures; Protections; Minors; UDAP Reports

Description:

Requires operators of conversational artificial intelligence services in the State to issue certain disclosures to account holders and users.  Requires operators to develop protocols to prevent the production of suicidal ideations in account holders and users.  Establishes protections for account holders and users of conversational artificial intelligence services.  Establishes protections for minor account holders and users of conversational artificial intelligence services.  Beginning 1/1/2028, requires operators to submit annual reports to the Department of Commerce and Consumer Affairs containing certain information.  Allows the Department of the Attorney General to bring a civil action against operators who violate certain requirements.  Establishes that violations are to be considered unfair or deceptive acts or practices.  Effective 7/1/2050.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO ARTIFICIAL INTELLIGENCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  This Act shall be known and may be cited as the "Artificial Intelligence Disclosure and Safety Act".

     SECTION 2.  Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§481B-    Artificial intelligence; conversational artificial intelligence services; disclosures; reports; penalties.  (a)  If a reasonable person interacting with a conversational artificial intelligence service would be led to believe that the person is interacting with a human, an operator shall issue a clear and conspicuous notification indicating that the service is artificial intelligence and not human.

     (b)  If an operator has actual knowledge or reasonable certainty that an account holder or user is a minor, the operator shall clearly and conspicuously disclose to the minor account holder or user that they are interacting with artificial intelligence:

     (1)  As a persistent visible disclaimer; or

     (2)  Both:

          (A)  At the beginning of each session; and

          (B)  Appearing at least every three hours in a continuous conversational artificial intelligence service interaction that reminds the user to take a break from the chat and that the conversation is artificially generated and not human.

     (c)  An operator shall:

     (1)  Adopt a protocol for the conversational artificial intelligence service 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 intervention service providers such as a suicide hotline, crisis text line, or other appropriate crisis services;

     (2)  Use evidence-based methods for measuring suicidal ideation;

     (3)  Not knowingly or intentionally cause or program a conversational artificial intelligence service to make any representation or statement that explicitly indicates that the service is designed to provide professional mental or behavioral health care;

     (4)  Institute reasonable measures to prevent the conversational artificial intelligence service from making any representation or statement that would lead a reasonable person to believe that they are interacting with a human where the user is seeking or receiving crisis intervention services for self-harm or suicide;

     (5)  Limit the collection, use, and retention of an account holder's or user's personal data to what is reasonably necessary to operate the conversational artificial intelligence service and ensure safety and security;

     (6)  Use heightened data minimization and security safeguards in relation to an account holder's or user's sensitive data;

     (7)  Not use an account holder's or user's personal data for targeted advertising; and

     (8)  Not profile account holders or users for engagement optimization or behavioral manipulation.

     (d)  Where an operator knows or has reasonable certainty that an account holder or user is a minor, an operator shall:

     (1)  Not provide the user with points or similar rewards at unpredictable intervals with the intent to encourage increased engagement with the conversational artificial intelligence service;

     (2)  Institute reasonable measures to prevent the conversational artificial intelligence service from:

          (A)  Producing visual material of sexually explicit conduct;

          (B)  Generating direct statements that the account holder should engage in sexually explicit conduct; or

          (C)  Generating statements that sexually objectify the account holder; and

     (3)  Offer tools to manage the minor account holder's privacy and account settings; provided that the operator shall also make the tools required by this paragraph available to the parent or guardian of a minor account holder, as appropriate based on relevant risks.

     (e)  Beginning January 1, 2028, an operator shall submit to the department of commerce and consumer affairs an annual report that includes:

     (1)  The number of times an operator has issued a crisis intervention service provider referral in the preceding calendar year;

     (2)  Protocols put in place to detect, remove, and respond to instances of suicidal ideation by users; and

     (3)  Protocols put in place to prohibit a chatbot response about suicidal ideation or actions with the user;

provided that the report shall include only the information listed in this subsection and shall not include any identifiers or personal information about users.

     (f)  Any violation of this section shall constitute an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2.

     (g)  The attorney general may bring an action based on a violation of this section to recover all of the following relief:

     (1)  Injunctive relief;

     (2)  Damages in an amount equal to the greater of:

          (A)  Actual damages; or

          (B)  A civil penalty of $1,000 per violation; provided that damages awarded under this subparagraph shall not exceed $1,000,000 per operator; and

     (3)  Reasonable attorneys' fees and costs.

     (h)  Nothing in this section shall be interpreted as creating a private right of action to enforce this section or to support a private right of action under any other law.

     (i)  This section shall not create liability for the developer of an artificial intelligence model for any violation of this section by an artificial intelligence system developed by a third party to provide a conversational artificial intelligence service.

     (j)  The duties, remedies, and obligations imposed by this section are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve an operator from any duties, remedies, or obligations imposed under any other law.

     (k)  For the purposes of this section:

     "Account holder" or "user" means a person who has or generates an account or profile to use a conversational artificial intelligence service.

     "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.

     "Conversational artificial intelligence service" or "service" means an artificial intelligence software application, web interface, or computer program that is accessible to the general public that primarily simulates human conversation and interaction through textual, visual, or aural communications.  "Conversational artificial intelligence service" does not include an application, web interface, or computer program that:

     (1)  Is primarily designed and marketed for use by developers or researchers;

     (2)  Is a feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service;

     (3)  Is designed to provide outputs relating to a narrow and discrete topic;

     (4)  Is primarily designed and marketed for commercial use by business entities;

     (5)  Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; or

     (6)  Is used by a business solely for internal purposes.

     "Crisis intervention" means communication intended to provide immediate support or assistance in response to a user seeking help for, referencing, or expressing self-harm, suicidal ideation, or suicide.

     "Minor" means any person under eighteen years of age.

     "Operator" means a person who develops or makes available a conversational artificial intelligence service to the public.  "Operator" does not include mobile application stores or search engines solely because the mobile application store or search engine provides access to a conversational artificial intelligence service.

     "Personal data" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular account holder or user, including data provided by the user, data generated through interaction with a conversational artificial intelligence service, or data derived from that interaction.  "Personal data" does not include:

     (1)  De-identified data; provided that the operator has implemented reasonable measures to ensure that the data cannot be re-identified;

     (2)  Aggregated data relating to a group or category of users where the data cannot reasonably be used to identify an individual user;

     (3)  Publicly available information lawfully obtained from government records or widely distributed media;

     (4)  Information used solely for internal testing, safety, quality assurance, or compliance purposes, where the information is not disclosed externally and is not used to identify a specific user; or

     (5)  Statistical or summary information included in reports submitted pursuant to subsection (e); provided that the reports contain no identifiers or information reasonably capable of identifying an account holder or user.

     "Sensitive data" means personal data that reveals or infers a mental or emotional state, health information, biometric identifiers, or other information used for psychological profiling or emotional analysis.

     "Sexually explicit conduct" has the same meaning as defined in title 18 United States Code section 2256.

     "Sexually objectify" means to make sexual comments directed at the account holder's or user's body or appearance."

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050; provided that section 2 shall take effect on July 1, 2027.

Report Title:

DCCA; AG; Artificial Intelligence; Conversational Artificial Intelligence Services; Disclosures; Suicide; Minors; Unfair or Deceptive Practices; Penalties; Reports

Description:

Requires operators of conversational artificial intelligence services in the State to issue certain disclosures to account holders and users.  Requires operators to develop protocols to prevent the production of suicidal ideations in account holders and users.  Establishes protections for account holders and users of conversational artificial intelligence services.  Establishes protections for minor account holders and users of conversational artificial intelligence services.  Beginning January 1, 2028, requires operators to submit annual reports to the Department of Commerce and Consumer Affairs containing certain information.  Allows the Department of the Attorney General to bring a civil action against operators who violate certain requirements.  Establishes statutory penalties.  Effective 7/1/2050.  (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO ARTIFICIAL INTELLIGENCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  This Act shall be known and may be cited as the "Artificial Intelligence Disclosure and Safety Act".

     SECTION 2.  Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§481B-    Artificial intelligence; conversational artificial intelligence services; disclosures; reports; penalties.  (a)  If a reasonable person interacting with a conversational artificial intelligence service would be led to believe that the person is interacting with a human, an operator shall issue a clear and conspicuous notification indicating that the service is artificial intelligence and not human.

     (b)  If an operator has actual knowledge or reasonable certainty that an account holder or user is a minor, the operator shall clearly and conspicuously disclose to the minor account holder or user that they are interacting with artificial intelligence:

     (1)  As a persistent visible disclaimer; or

     (2)  Both:

          (A)  At the beginning of each session; and

          (B)  Appearing at least every three hours in a continuous conversational artificial intelligence service interaction that reminds the user to take a break from the chat and that the conversation is artificially generated and not human.

     (c)  An operator shall:

     (1)  Adopt a protocol for the conversational artificial intelligence service 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 intervention service providers such as a suicide hotline, crisis text line, or other appropriate crisis services;

     (2)  Use evidence-based methods for measuring suicidal ideation;

     (3)  Not knowingly or intentionally cause or program a conversational artificial intelligence service to make any representation or statement that explicitly indicates that the service is designed to provide professional mental or behavioral health care; and

     (4)  Institute reasonable measures to prevent the conversational artificial intelligence service from making any representation or statement that would lead a reasonable person to believe that they are interacting with a human where the user is seeking or receiving crisis intervention services for self-harm or suicide.

     (d)  Where an operator knows or has reasonable certainty that an account holder or user is a minor, an operator shall:

     (1)  Not provide the user with points or similar rewards at unpredictable intervals with the intent to encourage increased engagement with the conversational artificial intelligence service;

     (2)  Institute reasonable measures to prevent the conversational artificial intelligence service from:

          (A)  Producing visual material of sexually explicit conduct;

          (B)  Generating direct statements that the account holder should engage in sexually explicit conduct; or

          (C)  Generating statements that sexually objectify the account holder;

     (3)  Offer tools to manage the minor account holder's privacy and account settings; provided that the operator shall also make the tools required by this paragraph available to the parent or guardian of a minor account holder, as appropriate based on relevant risks;

     (4)  Limit the collection, use, and retention of a minor's personal data to what is reasonably necessary to operate the conversational artificial intelligence service and ensure safety and security;

     (5)  Use heightened data minimization and security safeguards in relation to a minor's sensitive data;

     (6)  Not use a minor's personal data for targeted advertising; and

     (7)  Not profile minors for engagement optimization or behavioral manipulation.

     (e)  Beginning January 1, 2028, an operator shall submit to the department of commerce and consumer affairs an annual report that includes:

     (1)  The number of times an operator has issued a crisis intervention service provider referral in the preceding calendar year;

     (2)  Protocols put in place to detect, remove, and respond to instances of suicidal ideation by users; and

     (3)  Protocols put in place to prohibit a chatbot response about suicidal ideation or actions with the user;

provided that the report shall include only the information listed in this subsection and shall not include any identifiers or personal information about users.

     (f)  Any violation of this section shall be considered an unfair or deceptive act or practice under chapter 480.

     (g)  The attorney general may bring an action based on a violation of this section to recover all of the following relief:

     (1)  Injunctive relief;

     (2)  Damages in an amount equal to the greater of:

          (A)  Actual damages; or

          (B)  A civil penalty of $1,000 per violation; provided that damages awarded under this subparagraph shall not exceed $1,000,000 per operator; and

     (3)  Reasonable attorneys' fees and costs.

     (h)  Nothing in this section shall be interpreted as creating a private right of action to enforce this section or to support a private right of action under any other law.

     (i)  This section shall not create liability for the developer of an artificial intelligence model for any violation of this section by an artificial intelligence system developed by a third party to provide a conversational artificial intelligence service.

     (j)  The duties, remedies, and obligations imposed by this section are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve an operator from any duties, remedies, or obligations imposed under any other law.

     (k)  For the purposes of this section:

     "Account holder" or "user" means a person who has or generates an account or profile to use a conversational artificial intelligence service.

     "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.

     "Conversational artificial intelligence service" or "service" means an artificial intelligence software application, web interface, or computer program that is accessible to the general public that primarily simulates human conversation and interaction through textual, visual, or aural communications.  "Conversational artificial intelligence service" does not include an application, web interface, or computer program that:

     (1)  Is primarily designed and marketed for use by developers or researchers;

     (2)  Is a feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service;

     (3)  Is designed to provide outputs relating to a narrow and discrete topic;

     (4)  Is primarily designed and marketed for commercial use by business entities;

     (5)  Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; or

     (6)  Is used by a business solely for internal purposes.

     "Crisis intervention" means communication intended to provide immediate support or assistance in response to a user seeking help for, referencing, or expressing self-harm, suicidal ideation, or suicide.

     "Minor" means any person under eighteen years of age.

     "Operator" means a person who develops or makes available a conversational artificial intelligence service to the public.  "Operator" does not include mobile application stores or search engines solely because the mobile application store or search engine provides access to a conversational artificial intelligence service.

     "Sensitive data" means personal data that reveals or infers a mental or emotional state, health information, biometric identifiers, or other information used for psychological profiling or emotional analysis.

     "Sexually explicit conduct" has the same meaning as defined in title 18 United States Code section 2256.

     "Sexually objectify" means to make sexual comments directed at the account holder's or user's body or appearance."

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050; provided that section 2 shall take effect on July 1, 2027.

Report Title:

DCCA; AG; Artificial Intelligence; Conversational Artificial Intelligence Services; Disclosures; Suicide; Minors; Unfair or Deceptive Practices; Penalties; Reports

Description:

Requires operators of conversational artificial intelligence services in the State to issue certain disclosures to account holders and users.  Requires operators to develop protocols to prevent the production of suicidal ideations in account holders and users.  Establishes protections for minor account holders of conversational artificial intelligence services.  Beginning January 1, 2028, requires operators to submit annual reports to the Department of Commerce and Consumer Affairs containing certain information.  Allows the Department of the Attorney General to bring a civil action against operators who violate certain requirements and establishes statutory penalties.  Effective 7/1/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to artificial intelligence.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  This Act shall be known and may be cited as the "Artificial Intelligence Disclosure and Safety Act".

     SECTION 2.  Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§481B-    Artificial intelligence; conversational artificial intelligence services; disclosures; reports; penalties.  (a)  If a reasonable person interacting with a conversational artificial intelligence service would be led to believe that the person is interacting with a human, an operator shall issue a clear and conspicuous notification indicating that the service is artificial intelligence and not human.

     (b)  If an operator has actual knowledge or reasonable certainty that an account holder or user is a minor, the operator shall clearly and conspicuously disclose to the minor account holder or user that they are interacting with artificial intelligence:

     (1)  As a persistent visible disclaimer; or

     (2)  Both:

          (A)  At the beginning of each session; and

          (B)  Appearing at least every hour in a continuous conversational artificial intelligence service interaction that reminds the user to take a break from the chat and that the conversation is artificially generated and not human.

     (c)  An operator shall:

     (1)  Adopt a protocol for the conversational artificial intelligence service 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 service providers such as a suicide hotline, crisis text line, or other appropriate crisis services;

     (2)  Adopt and maintain a protocol for preventing the production of suicidal ideation, suicide, or self-harm content to the user, including by providing a notification to the user that refers the user to crisis service providers;

     (3)  Use evidence-based methods for measuring suicidal ideation;

     (4)  Not knowingly or intentionally cause or program a conversational artificial intelligence service to make any representation or statement that explicitly indicates that the service is designed to provide professional mental or behavioral health care;

     (5)  Disclose to a user that the conversational artificial intelligence service may not be suitable for minors; and

     (6)  Notify a user of the operator's duty of care and liability pursuant to this section.

     (d)  Where an operator knows or has reasonable certainty that an account holder or user is a minor, an operator shall:

     (1)  Not provide the user with points or similar rewards at unpredictable intervals with the intent to encourage increased engagement with the conversational artificial intelligence service;

     (2)  Institute reasonable measures to prevent the conversational artificial intelligence service from:

          (A)  Producing visual material of sexually explicit conduct;

          (B)  Generating direct statements that the account holder should engage in sexually explicit conduct; or

          (C)  Generating statements that sexually objectify the account holder;

     (3)  Institute reasonable measures to prevent the conversational artificial intelligence service from generating statements that would lead a reasonable person to believe that they are interacting with a human, including:

          (A)  Explicit claims that the service is sentient or human;

          (B)  Statements that simulate emotional dependence; and

          (C)  Statements that simulate romantic or sexual innuendos; and

     (4)  Offer tools to manage the minor account holder's or user's privacy and account settings to:

          (A)  The minor account holder or user; and

          (B)  The parent or guardian of the minor account holder or user if the minor account holder or user is under sixteen years of age;

          provided that the operator shall also make the tools required by this paragraph available to the parent or guardian of a minor account holder or user sixteen years of age and above as appropriate based on relevant risks.

     (e)  Beginning January 1, 2027, an operator shall submit to the department of commerce and consumer affairs an annual report that includes:

     (1)  The number of times an operator has issued a crisis service provider referral in the preceding calendar year;

     (2)  Protocols put in place to detect, remove, and respond to instances of suicidal ideation by users; and

     (3)  Protocols put in place to prohibit a chatbot response about suicidal ideation or actions with the user;

provided that the report shall only include the information listed in this subsection and shall not include any identifiers or personal information about users.

     (f)  Any violation of this section shall be considered an unfair or deceptive act or practice under this chapter.

     (g)  The attorney general may bring an action based on a violation of this section to recover all of the following relief:

     (1)  Injunctive relief;

     (2)  Damages in an amount equal to the greater of:

          (A)  Actual damages; or

          (B)  A civil penalty of $1,000 per violation; provided that damages awarded under this subparagraph shall not exceed $1,000,000 per operator; and

     (3)  Reasonable attorneys' fees and costs.

     (h)  Nothing in this section shall be interpreted as creating a private right of action to enforce this section or to support a private right of action under any other law.

     (i)  This section shall not create liability for the developer of an artificial intelligence model for any violation of this section by an artificial intelligence system developed by a third party to provide a conversational artificial intelligence service.

     (j)  The duties, remedies, and obligations imposed by this section are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve an operator from any duties, remedies, or obligations imposed under any other law.

     (k)  For the purposes of this section:

     "Account holder" or "user" means a person who:

     (1)  Has, or generates, an account or profile to use a conversational artificial intelligence service; or

     (2)  Uses a conversational artificial intelligence service as a guest or through a temporary account without creating an account or profile.

     "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.

     "Conversational artificial intelligence service" or "service" means an artificial intelligence software application, web interface, or computer program, including any system that is integrated into or operates in conjunction with another social media platform, application, web interface, or computer program, that is accessible to the general public that primarily simulates human conversation and interaction through textual, visual, or aural communications.  "Conversational artificial intelligence service" does not include an application, web interface, or computer program that:

     (1)  Is primarily designed and marketed for use by developers or researchers;

     (2)  Is a feature within another software application, web interface, or computer program that is not a conversational artificial intelligence service;

     (3)  Is designed to provide outputs relating to a narrow and discrete topic;

     (4)  Is primarily designed and marketed for commercial use by business entities;

     (5)  Functions as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device; or

     (6)  Is used by a business solely for internal purposes.

     "Minor" means any person under eighteen years of age.

     "Operator" means a person who develops or makes available a conversational artificial intelligence service to the public.  "Operator" does not include mobile application stores or search engines solely because the mobile application store or search engine provides access to a conversational artificial intelligence service.

     "Sexually explicit conduct" has the same meaning as defined in title 18 United States Code section 2256."

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

DCCA; AG; Artificial Intelligence; Conversational Artificial Intelligence Services; Disclosures; Suicide; Minors; Unfair or Deceptive Practices; Penalties; Reports

Description:

Requires operators of conversational artificial intelligence services in the State to issue certain disclosures to account holders and users.  Requires operators to develop protocols to prevent the production of suicidal ideations in account holders and users.  Establishes protections for minor account holders of conversational artificial intelligence services.  Beginning January 1, 2027, requires operators to submit annual reports to the Department of Commerce and Consumer Affairs containing certain information.  Allows the Department of the Attorney General to bring a civil action against operators who violate certain requirements and establishes statutory penalties.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 3078

Honolulu, Hawaii

RE:     S.B. No. 3001

        S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 3001, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ARTIFICIAL INTELLIGENCE,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require operators of conversational artificial intelligence services in the State to issue certain disclosures to account holders and users;

     (2)  Require operators to develop protocols to prevent the production of suicidal ideations in account holders and users;

     (3)  Establish protections for minor account holders of conversational artificial intelligence services;

     (4)  Beginning January 1, 2028, require operators to submit annual reports to the Department of Commerce and Consumer Affairs containing certain information;

     (5)  Allow the Department of the Attorney General to bring a civil action against operators who violate certain requirements; and

     (6)  Establish statutory penalties.

     Your Committee received testimony in support of this measure from the Department of Education, Google, and three individuals.

     Your Committee received comments on this measure from the Department of the Attorney General and Office of Consumer Protection of the Department of Commerce and Consumer Affairs.

     Your Committee finds that artificial intelligence is becoming a standard part of modern digital life.  However, this increased use of artificial intelligence will result in an increased risk to these tools being used to mislead or manipulate individuals.  Your Committee further finds that certain vulnerable groups are at a higher risk of being deceived by artificial intelligence that mimics human empathy or provides false information.  Additionally, the psychological well-being of minors is particularly at risk due to minors lacking the maturity to distinguish between simulated empathy and genuine human interaction.  This measure will establish necessary safeguards to ensure that technology serves the public without compromising their safety or privacy.

     Your Committee has amended this measure by:

     (1)  Specifying that the requirements for an operator to:

          (A)  Limit the collection, use, and retention of personal data to what is reasonably necessary to operate the conversational artificial intelligent eservice and ensure safety and security;

          (B)  Use heightened data minimization and security safeguards in relation to sensitive data;

          (C)  Not use personal data for target advertising; and

          (D)  Not profile certain users for engagement optimization or behavioral manipulation,

          apply to all account holders or users, not just minors;

     (2)  Specifying that any violation of the requirements established by this measure constitutes an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2, Hawaii Revised Statutes;

     (3)  Inserting a definition of "personal data"; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3001, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3001, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 2388

Honolulu, Hawaii

RE:     S.B. No. 3001

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Commerce and Consumer Protection and Labor and Technology, to which was referred S.B. No. 3001 entitled:

"A BILL FOR AN ACT RELATING TO ARTIFICIAL INTELLIGENCE,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require operators of conversational artificial intelligence services in the State to issue certain disclosures, develop protocols to prevent the production of suicidal ideations in account holders and users, and submit annual reports to the Department of Commerce and Consumer Affairs containing certain information;

     (2)  Establish protections for minor account holders of conversational artificial intelligence services;

     (3)  Authorize the Department of the Attorney General to bring a civil action against operators who violate certain requirements; and

     (4)  Establish statutory penalties.

     Your Committees received testimony in support of this measure from the Department of Education, Department of Health, and Google.

     Your Committees received testimony in opposition to this measure from Aidgentic LLC.

     Your Committees received comments on this measure from the Office of Consumer Protection of the Department of Commerce and Consumer Affairs and Department of the Attorney General.

     Your Committees find that as the use of artificial intelligence becomes more widespread, there is an increasing risk that it can be used to mislead or manipulate vulnerable individuals.  This measure would establish an artificial intelligence regulatory framework for the State to ensure that the technology is created and used appropriately without compromising the safety and privacy of individuals, especially for minors.

     Your Committees note the concerns raised in testimony that this measure, in its current form, may be subject to a constitutional challenge in that it could be construed as an attempt to regulate speech.  Additionally, amendments to this measure are necessary to remove certain duplicative and vague provisions, refine definitions, and bring the measure into parity with other states that have adopted similar laws.

     Accordingly, your Committees have amended this measure by:

     (1)  Clarifying that certain disclaimers be disclosed every three hours, rather than every hour, in a continuous conversational artificial intelligence service interaction;

     (2)  Deleting, as duplicative, certain language that would have required operators to maintain a protocol for preventing the production of suicidal ideation, suicide, or self-harm content to the user;

     (3)  Deleting language that would have required operators to disclose to a user that the service may not be suitable for minors and to notify users of the operator's duty of care and liability;

     (4)  Inserting language to require operators to institute reasonable measures to prevent the service from making any representation or statement that would lead a reasonable person to believe that they are interacting with a human where the user is seeking crisis intervention services for self-harm or suicide;

     (5)  Deleting language that would have required operators to institute reasonable measures to prevent the conversational artificial intelligence service from generating certain statements that would lead a reasonable person to believe that they are interacting with a human;

     (6)  Clarifying the tools operators shall offer to manage minor account holder's privacy and account settings;

     (7)  Inserting language to restrict the collection and use of certain data related to minors;

     (8)  Delaying by one year the commencement for certain operator reports to be submitted to the Department of Commerce and Consumer Affairs;

     (9)  Inserting language that clarifies that violations shall be considered an unfair or deceptive act or practice pursuant to chapter 480, Hawaii Revised Statutes;

    (10)  Clarifying the definitions of "account holder" and "conversational artificial intelligence service" and inserting definitions for "crisis intervention", "sensitive data", and "sexually objectify";

    (11)  Delaying the operative provisions of the measure to July 1, 2027;

    (12)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

    (13)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Commerce and Consumer Protection and Labor and Technology that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3001, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3001, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Commerce and Consumer Protection and Labor and Technology,