Regulon — HI-HB-1782 · HI HB 1782 (AI Companion Systems

WHAT THIS BILL REGULATES · 5 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority

Attorney general enforcement. The attorney general may seek injunctive relief and civil penalties. A separate private right of action is available to any person who suffers injury as a result of a violation. A provider that demonstrates good-faith, documented efforts to comply is not liable.

Private Right of Action

private right of action is available to any person who suffers injury as a result of a violation.

Penalties

Private plaintiffs may recover actual damages, injunctive relief, and reasonable attorney's fees. The attorney general may seek injunctive relief and civil penalties of up to $15,000 per violation, per day. No statutory minimum damages for private plaintiffs; actual injury required. A good-faith compliance safe harbor is available.

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text

Analysis & Obligations

HRS § 28-__ (Definitions)

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. "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. "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.

This section establishes the key defined terms for the new part. Provider is defined broadly to cover any entity that develops, deploys, or operates a covered system made available to Hawaii residents. The two covered platforms — conversational AI service and AI companion system — are layered: a conversational AI service is any public-facing system that simulates human conversation, while an AI companion system is a subset designed to form ongoing emotional or social interaction. Notably, the conversational AI service definition contains explicit carve-outs for developer tools, narrow task-specific tools, voice assistants limited to device commands, and internal-only systems.

HRS § 28-__ (Transparency and disclosure requirements)

Transparency and disclosure requirements

Deployer

(a)–(c) 1 When a minor interacts with a conversational AI service or AI companion system, the provider shall clearly and conspicuously disclose that the minor 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.

This section imposes a layered AI identity disclosure obligation for minor users. Providers must clearly and conspicuously disclose that the minor is interacting with AI and not a human, both at the beginning of each session and at least once every three hours during continuous interaction. All disclosures must use clear, age-appropriate language reasonably calculated to be noticed and understood by a minor — a higher standard than the general-audience disclosure found in comparable bills like California SB 243.

Compliance actions 1 item

Providers must clearly and conspicuously disclose to minor users that they are interacting with AI and not a human being, at the beginning of each session and at least once every three hours during continuous interaction, using clear, age-appropriate language.

T-01.1

HRS § 28-__ (Prohibited design practices for minors)

Prohibited design practices for minors

Deployer

(a)(1)–(5) 2 A provider that knows or has reasonable certainty that a user is a minor shall not design, deploy, or operate a conversational AI service or AI companion system that: (1) Explicitly or implicitly represents itself as human, sentient, or possessing emotions or desires; (2) Encourages emotional dependency, exclusivity, or secrecy from parents or guardians; (3) Simulates romantic or sexual relationships with a minor; (4) Uses manipulative engagement techniques, including unpredictable rewards or gamification, intended to maximize time spent interacting with the system; or (5) Represents itself as providing professional mental health, medical, or therapeutic services.

(b) 2 This section shall not prohibit conversational AI service 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.

This section prohibits five specific design practices when a provider knows or has reasonable certainty that a user is a minor. The prohibitions target false claims of sentience or humanity, emotional dependency or secrecy encouragement, simulated romantic or sexual relationships, manipulative engagement techniques such as gamification and unpredictable rewards, and representations of professional mental health services. A safe harbor preserves generic politeness, neutral informational assistance, and safety-oriented de-escalation responses.

Compliance actions 1 item

Providers must not design, deploy, or operate a conversational AI service or AI companion system for known minor users that (1) represents itself as human, sentient, or possessing emotions, (2) encourages emotional dependency or secrecy from parents, (3) simulates romantic or sexual relationships, (4) uses manipulative engagement techniques such as unpredictable rewards or gamification to maximize interaction time, or (5) represents itself as providing professional mental health, medical, or therapeutic services. Generic politeness, neutral informational assistance, and safety-oriented de-escalation are permitted.

MN-01.4

HRS § 28-__ (Protections against sexual content and self-harm)

Protections against sexual content and self-harm

Deployer

(a) 3 Providers shall implement reasonable measures to prevent conversational AI services and AI companion systems from generating, for minors, sexually explicit content or sexualized depictions involving minors or content that promotes or encourages self-harm, eating disorders, or illegal conduct.

(b) 4 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.

This section imposes two distinct obligations. First, providers must implement reasonable measures to prevent generation of sexually explicit content, sexualized depictions involving minors, and content promoting self-harm, eating disorders, or illegal conduct. Second, providers must adopt and maintain a crisis response protocol for prompts indicating suicidal ideation or risk of serious self-harm, including reasonable efforts to redirect users to crisis or support resources.

Compliance actions 2 items

Providers must implement reasonable measures to prevent conversational AI services and AI companion systems from generating sexually explicit content, sexualized depictions involving minors, or content that promotes or encourages self-harm, eating disorders, or illegal conduct for minor users.

S-02.6

Providers must adopt and maintain a protocol for detecting user prompts indicating suicidal ideation or risk of serious self-harm and responding with reasonable efforts to redirect the user to appropriate crisis or support resources.

S-04.1

HRS § 28-__ (Data practices related to minors)

Data practices related to minors

Deployer

(a) 5 Providers shall limit the collection, use, and retention of a minor's personal data to what is reasonably necessary to operate the AI companion system and ensure safety and security.

(b) 6 A provider shall not use a minor's personal data for targeted advertising or profile minors for engagement optimization or behavioral manipulation.

(c) 7 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.

This section imposes three data-governance obligations specific to minor users. Providers must minimize data collection, use, and retention to what is reasonably necessary. A categorical prohibition bars use of minor personal data for targeted advertising or profiling for engagement optimization or behavioral manipulation. Sensitive data — defined to include data revealing a minor's mental or emotional state, health information, and biometric identifiers — receives heightened protections and may only be collected or processed when necessary for system safety or accessibility.

Compliance actions 3 items

Providers must limit the collection, use, and retention of a minor's personal data to what is reasonably necessary to operate the AI companion system and ensure safety and security.

D-01.4

Providers must not use a minor's personal data for targeted advertising or profile minors for engagement optimization or behavioral manipulation.

MN-01.7

Providers must not collect or process sensitive data of a minor — including data revealing mental or emotional state, health information, or biometric identifiers — unless necessary for system safety or accessibility, and must apply heightened data minimization and security safeguards.

D-01.4

HRS § 28-__ (Parental tools and controls)

Parental tools and controls

Deployer

8 A provider of an 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 AI companion system.

This section requires providers of AI companion systems made available to minors to offer reasonable parental tools. The tools must allow parents or guardians to set time limits on use, restrict access to features presenting a material risk of harm, and obtain high-level information about a minor's usage. This obligation is scoped specifically to AI companion systems, not all conversational AI services.

Compliance actions 1 item

Providers of AI companion systems made available to minors must offer reasonable parental tools that allow parents or guardians to set time limits, restrict access to features presenting a material risk of harm, and obtain high-level information about the minor's use of the system.

MN-01.3

HRS § 28-__ (Age assurance and access control)

Age assurance and access control

Deployer

9 A provider of an 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.

This section requires providers of AI companion systems that present a material risk of harm to minors to implement reasonable and proportionate age assurance measures. The obligation is explicitly conditioned on consistency with privacy and data minimization principles and applies only where the system presents a material risk of harm — a defined term requiring more than transient discomfort. The phrase "to prevent access by minors where appropriate" introduces a risk-based gating requirement rather than an unconditional age-gate.

Compliance actions 1 item

Providers of AI companion systems that present a material risk of harm to minors must implement reasonable and proportionate age assurance measures, consistent with privacy and data minimization principles, to prevent access by minors where appropriate.

MN-01.1

HRS § 28-__ (Civil remedies)

Civil remedies

A person who suffers 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.

This section creates a private right of action for any person who suffers injury as a result of a violation. Remedies are limited to actual damages, injunctive relief, and reasonable attorney's fees — there is no statutory minimum or punitive damages provision. The injury requirement means plaintiffs must demonstrate actual harm, not merely a statutory violation.

HRS § 28-__ (Enforcement)

Enforcement

(a) This part shall be enforced by the attorney general.

(b) 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.

This section designates the attorney general as the primary enforcement authority and authorizes civil penalties of up to $15,000 per violation, per day, plus injunctive relief. Subsection (c) establishes a good-faith compliance safe harbor: a provider that demonstrates documented good-faith compliance efforts is shielded from liability. This safe harbor applies to both AG enforcement and, presumably, private actions under the civil remedies section.

Section 3

Savings clause

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

Standard savings clause preserving rights, duties, penalties, and proceedings that accrued before the Act's effective date.

Section 4

Effective date

This Act shall take effect on July 1, 3000.

The Act uses a placeholder effective date of July 1, 3000, a standard Hawaii legislative drafting convention indicating the bill has not yet been assigned a real effective date and is still moving through the legislative process.

Minor Safety Parental consent · controls · termination workflows

4 items

MN-01.4

MN-01.7

Providers must not use a minor's personal data for targeted advertising or profile minors for engagement optimization or behavioral manipulation.

MN-01.3

MN-01.1

Transparency AI identity disclosure · periodic reminders

1 item

T-01.1

Safety Harmful content prevention · self-harm escalation

2 items

S-02.6

S-04.1

Data Controls Data sale restrictions · deidentification

2 items

D-01.4

Providers must limit the collection, use, and retention of a minor's personal data to what is reasonably necessary to operate the AI companion system and ensure safety and security.

D-01.4

Passage Likelihood

High

Status Engrossed

Chamber Passed origin

Committee No action

Majority party (No data)

Bipartisan No

Prior session None

Legislative History

2026-01-21 Pending introduction.

2026-01-22 Introduced and Pass First Reading.

2026-01-26 Referred to ECD, CPC, JHA, referral sheet 1

2026-01-26 Bill scheduled to be heard by ECD on Friday, 01-30-26 10:00AM in House conference room 423 VIA VIDEOCONFERENCE.

2026-01-30 The committee(s) on ECD recommend(s) that the measure be deferred.

2026-02-02 Bill scheduled for decision making on Friday, 02-06-26 8:30AM in conference room 423 VIA VIDEOCONFERENCE.

2026-02-06 The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Ilagan, Hussey, Holt, Tam, Templo, Yamashita, Gedeon; Ayes with reservations: none; Noes: none; and Excused: none.

2026-02-11 Reported from ECD (Stand. Com. Rep. No. 147-26) as amended in HD 1, recommending passage on Second Reading and referral to CPC.

2026-02-11 Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and Representative(s) Holt excused (1).

2026-02-13 Bill scheduled to be heard by CPC on Wednesday, 02-18-26 2:00PM in House conference room 329 VIA VIDEOCONFERENCE.

2026-02-18 The committee(s) on CPC recommend(s) that the measure be deferred until 02-19-26.

2026-02-19 Bill scheduled for decision making on Thursday, 02-19-26 2:05PM in conference room 329 VIA VIDEOCONFERENCE.

2026-02-19 The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Matayoshi, Grandinetti, Chun, Ilagan, Ichiyama, Kong, Tam; Ayes with reservations: Representative(s) Iwamoto; Noes: none; and 3 Excused: Representative(s) Lowen, Marten, Pierick.

2026-02-20 Reported from CPC (Stand. Com. Rep. No. 758-26) as amended in HD 2, recommending referral to JHA.

2026-02-20 Report adopted; referred to the committee(s) on JHA as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1).

2026-03-03 Bill scheduled to be heard by JHA on Thursday, 03-05-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.

2026-03-05 The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Tarnas, Poepoe, Cochran, Kahaloa, Takayama, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 3 Excused: Representative(s) Belatti, Hashem, Sayama.

2026-03-06 Reported from JHA (Stand. Com. Rep. No. 1118-26) as amended in HD 3, recommending passage on Third Reading.

2026-03-06 Forty-eight (48) hours notice Tuesday, 03-10-26.

2026-03-10 Passed Third Reading as amended in HD 3 with none voting aye with reservations; none voting no (0) and Representative(s) Pierick excused (1). Transmitted to Senate.

2026-03-12 Received from House (Hse. Com. No. 288).

2026-03-12 Passed First Reading.

2026-03-12 Referred to LBT/HHS, CPN/JDC.

2026-03-17 The committee(s) on LBT/HHS has scheduled a public hearing on 03-25-26 1:00PM; Conference Room 225 & Videoconference.

2026-03-25 The committee(s) on LBT recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in LBT were as follows: 3 Aye(s): Senator(s) Elefante, Lamosao, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Ihara, Moriwaki.

2026-03-25 The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 5 Aye(s): Senator(s) San Buenaventura, Kanuha, Keohokalole, Fevella; Aye(s) with reservations: Senator(s) McKelvey ; 0 No(es): none; and 0 Excused: none.

2026-03-27 The committee(s) on CPN/JDC will hold a public decision making on 04-02-26 9:20AM; Conference Room 229 & Videoconference.

2026-03-30 Reported from LBT/HHS (Stand. Com. Rep. No. 3356) with recommendation of passage on Second Reading, as amended (SD 1) and referral to CPN/JDC.

2026-03-30 Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN/JDC.

2026-04-02 The committee(s) on CPN/JDC deferred the measure until 04-07-26 9:30AM; Conference Room 229 & Videoconference.

2026-04-07 The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 4 Aye(s): Senator(s) Keohokalole, Fukunaga, Lamosao, McKelvey; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa.

2026-04-07 The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa.

2026-04-10 Reported from CPN/JDC (Stand. Com. Rep. No. 3785) with recommendation of passage on Third Reading, as amended (SD 2).

2026-04-10 48 Hrs. Notice 04-14-26.

2026-04-14 Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none. Noes, 0 (none). Excused, 0 (none). Transmitted to House.

2026-04-14 Returned from Senate (Sen. Com. No. 622) in amended form (SD 2).

2026-04-16 House disagrees with Senate amendment (s).

2026-04-17 Received notice of disagreement (Hse. Com. No. 780).

2026-04-22 Re-referred to CPC, ECD, JHA, referral sheet 32

2026-04-22 House Conferees Appointed: Matayoshi, Ilagan, Poepoe Co-Chairs; La Chica, Tam, Gedeon.

2026-04-23 Received notice of appointment of House conferees (Hse. Com. No. 810).

Sources

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Entry Last Reviewed

2026-05-20

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