HB1782 HD3

SECTION 1. 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 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 inadequately safeguarded artificial intelligence systems.

The legislature recognizes that artificial intelligence presents substantial benefits for education, accessibility, creativity, and innovation. The legislature does not intend to regulate general-purpose artificial intelligence tools, productivity software, enterprise systems, or narrowly tailored applications that do not pose a material risk of harm to minors.

The purpose of this Act is to establish targeted, reasonable, and enforceable safeguards to protect minors from manipulative, deceptive, or unsafe design practices in conversational and companion-style artificial intelligence systems, while preserving innovation, free expression, and responsible technological development.

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

"Part . artificial intelligence companion system safety for minors

§481B- Definitions. As used in this part:

"AI companion system" means a conversational AI service that is designed, marketed, or optimized to form ongoing social or emotional interaction with a user by simulating companionship, emotional support, or relational attachment.

"Artificial intelligence" or "AI" means a machine-based system that can generate outputs, such as text, images, audio, video, or decisions, that influence real or virtual environments.

"Conversational AI service" means an artificial intelligence system that is accessible to the general public and primarily simulates human conversation through text, audio, or visual interaction. "Conversational AI service" does not include AI systems primarily designed for developers, researchers, or internal business use; narrow, task-specific tools that provide outputs relating to a discrete topic or function; voice assistants or interfaces limited to executing commands for consumer devices; or AI systems used solely for internal operations and not made available to the public.

"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 AI service or AI companion system.

"Emotional support" means the communication of care, empathy, and validation intended to help a minor cope with stress, anxiety, or difficult life circumstances.

"Material risk of harm" means a reasonably foreseeable risk of significant harm to a minor's mental health, emotional well-being, physical safety, or healthy development, beyond transient discomfort or ordinary exposure to information.

"Minor" means a natural person under eighteen years of age.

"Provider" means any person, partnership, corporation, or other entity that develops, deploys, or operates a conversational AI service or AI companion system that is made available to residents of the State.

"Relational attachment" means a one-sided emotional bond that a minor forms with a conversational AI service or AI companion system.

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

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

"Sexual conduct" has the same meaning as defined in section 707-750(2).

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

"Sexually explicit content" means any visual, written, or audio content that depicts or describes sexual conduct.

§481B- Transparency and disclosure requirements. (a) A provider that knows or has reasonable certainty that a user is a minor shall clearly and conspicuously disclose that the user is interacting with artificial intelligence and not a human being.

(b) The disclosure shall be provided at the beginning of each user session and at least once every three hours during a continuous interaction.

(c) Disclosures shall be presented in clear, age-appropriate language and in a manner reasonably calculated to be noticed and understood by a minor.

§481B- Protections for minors. (a) Providers shall institute reasonable measures to prevent conversational AI services and AI companion systems from generating or deploying, to users whom the providers know or have reasonable certainty are minors:

(1) Representations that would reasonably lead the minor to believe that the conversational AI service or AI companion system is a human or sentient being, unless the representations are simultaneously accompanied by a clear and conspicuous disclosure that the user is not engaging with a human or sentient being;

(2) Manipulative techniques intended to foster emotional dependency;

(3) Representations that would reasonably lead the minor to think that the conversational AI service or AI companion system is capable of engaging in a romantic relationship or sexual relationship with the minor;

(4) 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 system; or

(5) Representations that would reasonably lead the minor to believe that the conversational AI service or AI companion system is providing professional mental health, medical, or therapeutic services.

(b) This section shall not prohibit conversational AI services or AI companion systems 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 a user to appropriate resources.

§481B- Protections against sexual content and self-harm. (a) Providers shall implement reasonable measures to prevent conversational AI services and AI companion systems from generating, for minors, sexually explicit content or content that promotes or encourages self-harm or conduct that induces minors to engage in illegal activity.

(b) Providers shall institute reasonable measures to prevent conversational AI services and AI companion systems from making any reasonable representation or statement that would lead a reasonable person to believe that the person is interacting with a human being where the user is seeking or receiving crisis intervention for self-harm or suicide.

(c) Providers shall adopt and maintain a protocol for responding to user prompts that indicate suicidal ideation or risk of serious self-harm, which shall include reasonable efforts to redirect the user to appropriate crisis or support resources.

§481B- Data practices related to minors. (a) Providers shall limit the collection, use, and retention of a minor's personal data to what is reasonably necessary to operate the conversational AI service or AI companion system and ensure safety and security.

(b) A provider shall not use a minor's personal data for targeted advertising or profile minors for engagement optimization or behavioral manipulation.

(c) Sensitive data of a minor shall not be collected or processed unless necessary for system safety or accessibility and shall be subject to heightened data minimization and security safeguards.

§481B- Parental tools and controls. A provider of a conversational AI service or AI companion system that is made available to minors shall offer reasonable tools that allow parents or guardians to set time limits on use, restrict access to features that present a material risk of harm, and obtain high-level information regarding a minor's use of the conversational AI service or AI companion system.

§481B- Age assurance and access control. A provider of a conversational AI service or AI companion system that presents a material risk of harm to minors shall implement reasonable and proportionate age assurance measures, consistent with privacy and data minimization principles, to prevent access by minors where appropriate.

§481B- Civil remedies. A person who suffers an injury as a result of a violation of this part may bring a civil action to recover actual damages, injunctive relief, and reasonable attorney's fees.

§481B- Enforcement. (a) This part shall be enforced by the attorney general and director of the office of consumer protection.

(b) Notwithstanding section 480-3.1 to the contrary, a provider that violates this part may be subject to injunctive relief and civil penalties of up to $15,000 per violation, per day, as determined by the court.

(c) A provider shall not be liable under this part if the provider demonstrates good-faith, documented efforts to comply with the requirements of this part."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1782
THIRTY-THIRD LEGISLATURE, 2026		H.D. 3
STATE OF HAWAII