STAND. COM. REP. NO.  1484-26

 

Honolulu, Hawaii

                , 2026

 

RE:   S.B. No. 3001

      S.D. 2

      H.D. 2

 

 

 

 

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

 

Madame:

 

     Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 3001, S.D. 2, H.D. 1, entitled:

 

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

 

begs leave to report as follows:

 

     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 response protocols relating to prompts of suicidal ideations or self-harm by account holders and users;

 

     (3)  Establish protections for minor account holders and users 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)  Establish that violations are to be considered unfair or deceptive acts or practices;

 

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

 

     (7)  Prohibit private civil actions.

 

     Your Committee received testimony in support of this measure from the Department of Education; State Health Planning and Development Agency; Office of Wellness and Resilience; State Council on Mental Health; Imua Alliance; Transparency Coalition; Young People's Alliance; Google; and three individuals.  Your Committee received comments on this measure from the Department of Commerce and Consumer Affairs; TechNet; and one individual.

 

     Your Committee finds that conversational artificial intelligence services are increasingly used by consumers and can be designed to closely resemble human interaction, creating a risk that users may be misled about the nature of the services.  Your Committee further finds that vulnerable populations, including minors and individuals experiencing emotional distress, may be particularly susceptible to harm when interacting with artificial intelligence systems that lack clear disclosures or appropriate safeguards.

 

     Your Committee additionally finds that requiring clear and conspicuous disclosures, implementing safety protocols to address suicidal ideation and selfharm content, and establishing protections for minors promotes transparency, accountability, and responsible deployment of artificial intelligence technologies.  This measure advances consumer protection by reducing the risk of deception and harm while ensuring that conversational artificial intelligence services operate in a manner that safeguards public health and safety.

 

     Your Committee has amended this measure by:

 

     (1)  Expanding the dangerous actions for which an operator must institute reasonable measures to prevent a conversational artificial intelligence service from generating or deploying when the operator knows or has reasonable certainty that an account holder or user is a minor;

 

     (2)  Specifying that the Director of the Office of Consumer Protection may also bring an action to enforce violations of this measure;

 

     (3)  Clarifying that, notwithstanding any other law to the contrary, no person, including a consumer, may bring a private action to enforce this measure or support a private action under any other law;

 

     (4)  Deleting the explicit exemption for certain applications, web interfaces, or computer programs;

 

     (5)  Deleting the definitions for "personal data" and "sensitive data";

 

     (6)  Inserting a definition for "personal information" to have the same meaning as defined under the laws governing security breaches of personal information;

 

     (7)  Changing the effective date to July 1, 3000, to encourage further discussion; and

 

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

 

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3001, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs in the form attached hereto as S.B. No. 3001, S.D. 2, H.D. 2.

 

 


 

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

 

 

 

 

____________________________

SCOT Z. MATAYOSHI, Chair