CONFERENCE
COMMITTEE REP. NO. 95-26
Honolulu, Hawaii
, 2026
RE: S.B. No. 3001
S.D. 2
H.D. 3
C.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir and Madam:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 3001, S.D. 2, H.D. 3, entitled:
"A BILL FOR AN ACT RELATING TO ARTIFICIAL INTELLIGENCE,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose 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 account holders and users of conversational artificial intelligence services;
(4) Establish protections for minor account holders and users of conversational artificial intelligence services;
(5) Require operators to submit annual reports to the Department of Commerce and Consumer Affairs containing certain information;
(6) Allow the Department of the Attorney General and Office of Consumer Protection to bring a civil action against operators who violate certain requirements; and
(7) Establish that violations are to be considered unfair or deceptive acts or practices.
Your Committee on Conference finds that artificial intelligence is becoming a standard part of modern digital life. However, as it becomes more widespread, certain vulnerable groups are at a higher risk of being deceived by artificial intelligence that mimics human empathy or utilizes tools that can be used to mislead or manipulate individuals. This measure establishes necessary safeguards to ensure that technology serves the public without compromising their safety or privacy.
Your Committee on Conference has amended this measure by:
(1) Inserting legislative findings to reflect its amended purpose;
(2) Replacing the term "conversational artificial intelligence services" with "AI companion" throughout the measure;
(3) Deleting the term "account holder" and replacing it with the term "user" throughout the measure, and amending the definition of "account holder" or "user" accordingly;
(4) Replacing language that would have required an operator to make certain disclosures to a user at least every three hours in a continuous interaction with language that requires an operator to make certain disclosures at least once per hour if the operator has actual knowledge or reasonable certainty that a user is a minor;
(5) Inserting language to clarify that an operator shall use evidence-based methods for measuring suicidal ideation and the risk of self-harm;
(6) Inserting language to clarify that an operator shall institute reasonable measures to prevent the AI companion from generating outputs that encourage the user to cause serious bodily injury to another person;
(7) Inserting language to clarify that an operator shall not allow the AI companion to generate outputs to discourage disengagement with the AI companion where the operator knows or has reasonable certainty that a user is a minor;
(8) Deleting language that would have required an operator to institute reasonable measures to prevent an AI companion from generating certain representations or engagement techniques;
(9) Deleting language that would have allowed an AI companion to generate certain generic expressions and representations or manipulative engagement techniques;
(10) Replacing language that would have required an operator to offer certain tools to manage a user's privacy and account settings with language that requires an operator to automatically make certain tools available for users and their parents and guardians to manage a user's screen time and account settings;
(11) Replacing the Department of Commerce and Consumer Affairs with the Behavioral Health Administration of the Department of Health as the recipient of operators' required annual reports;
(12) Inserting language that requires an operator to include information on certain protocols regarding user prompts or AI companion responses relating to self-harm in the operator's annual report;
(13) Deleting language that would have authorized the Attorney General and the Director of the Office of Consumer Protection to bring an action to enforce the measure's provisions and recover certain relief;
(14) Deleting the definitions of "conversational artificial intelligence service", "emotional attachment", "emotional dependency", "personal information", "romantic relationship", and "sexual relationship";
(15) Inserting a new definition of:
(A) "AI companion" to mean 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 taking certain actions; and
(B) "Serious bodily injury" to have the same meaning as defined in section 707-700, Hawaii Revised Statutes;
(16) Making it effective upon its approval; and
(17) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 3001, S.D. 2, H.D. 3, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 3001, S.D. 2, H.D. 3, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
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ON THE PART OF THE SENATE |
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____________________________ SCOT Z. MATAYOSHI Co-Chair |
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____________________________ JARRETT KEOHOKALOLE Chair |
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____________________________ GREGGOR ILAGAN Co-Chair |
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____________________________ BRANDON J.C. ELEFANTE Co-Chair |
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____________________________ DAVID A. TARNAS Co-Chair |
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____________________________ KARL RHOADS Co-Chair |