WHAT THIS BILL REGULATES · 5 REQUIREMENT TYPES
How Is This Bill Enforced
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.
As used in this part: "AI companion systemAI companion system"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.HRS § 28-__ (Definitions)" means a conversational AI serviceConversational AI service"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.HRS § 28-__ (Definitions) 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 intelligenceArtificial intelligence"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.HRS § 28-__ (Definitions)" 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 serviceConversational AI service"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.HRS § 28-__ (Definitions)" means an artificial intelligenceArtificial intelligence"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.HRS § 28-__ (Definitions) system that is accessible to the general public and primarily simulates human conversation through text, audio, or visual interaction. "Conversational AI serviceConversational AI service"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.HRS § 28-__ (Definitions)" 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 harmMaterial risk of harm"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.HRS § 28-__ (Definitions)" means a reasonably foreseeable risk of significant harm to a minorMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions)'s mental health, emotional well-being, physical safety, or healthy development, beyond transient discomfort or ordinary exposure to information. "MinorMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions)" means a natural person under eighteen years of age. "ProviderProvider"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.HRS § 28-__ (Definitions)" means any person, partnership, corporation, or other entity that develops, deploys, or operates a conversational AI serviceConversational AI service"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.HRS § 28-__ (Definitions) or AI companion systemAI companion system"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.HRS § 28-__ (Definitions) that is made available to residents of the State. "Sensitive dataSensitive data"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.HRS § 28-__ (Definitions)" means personal data that reveals or infers a minorMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions)'s mental or emotional state, health information, biometric identifiers, or other information used for psychological profiling or emotional analysis.
This section defines the key terms used throughout the new part. The bill covers two product categories: conversational AI services (public-facing AI systems that simulate human conversation, with carve-outs for developer tools, narrow task-specific tools, voice assistants limited to device commands, and internal-only systems) and AI companion systems (a subset of conversational AI services designed to simulate companionship or emotional attachment). The regulated party is the provider, defined broadly to include any entity that develops, deploys, or operates either product type and makes it available to Hawaii residents.
(a) 1 When a minorMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions) interacts with a conversational AI serviceConversational AI service"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.HRS § 28-__ (Definitions) or AI companion systemAI companion system"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.HRS § 28-__ (Definitions), the providerProvider"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.HRS § 28-__ (Definitions) shall clearly and conspicuously disclose that the minorMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions) is interacting with artificial intelligenceArtificial intelligence"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.HRS § 28-__ (Definitions) and not a human being.
(b) 1 The disclosure shall be provided at the beginning of each user session and at least once every three hours during a continuous interaction.
(c) 1 Disclosures shall be presented in clear, age-appropriate language and in a manner reasonably calculated to be noticed and understood by a minorMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions).
This section imposes AI identity disclosure obligations on providers when a minor interacts with a conversational AI service or AI companion system. Disclosure must occur at session start and be repeated at least every three hours during continuous interaction. Disclosures must be in clear, age-appropriate language reasonably calculated to be noticed and understood by a minor. Unlike California SB 243, which conditions adult disclosure on a reasonable-person-misled standard, this bill applies disclosure unconditionally to all minor interactions.
(a)(1)–(5) 2 A providerProvider"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.HRS § 28-__ (Definitions) that knows or has reasonable certainty that a user is a minorMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions) shall not design, deploy, or operate a conversational AI serviceConversational AI service"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.HRS § 28-__ (Definitions) or AI companion systemAI companion system"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.HRS § 28-__ (Definitions) 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 minorMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions); (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 serviceConversational AI service"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.HRS § 28-__ (Definitions) or AI companion systemsAI companion system"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.HRS § 28-__ (Definitions) 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 categories of design practices when a provider knows or has reasonable certainty that a user is a minor. The prohibitions cover: representing the AI as human, sentient, or possessing emotions; encouraging emotional dependency or secrecy from parents; simulating romantic or sexual relationships; deploying manipulative engagement techniques such as unpredictable rewards or gamification; and representing the system as providing licensed professional services. Subsection (b) preserves a safe harbor for generic politeness, neutral assistance, and safety-oriented de-escalation responses.
(a) 3 ProvidersProvider"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.HRS § 28-__ (Definitions) shall implement reasonable measures to prevent conversational AI servicesConversational AI service"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.HRS § 28-__ (Definitions) and AI companion systemsAI companion system"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.HRS § 28-__ (Definitions) from generating, for minorsMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions), sexually explicit content or sexualized depictions involving minorsMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions) or content that promotes or encourages self-harm, eating disorders, or illegal conduct.
(b) 4 ProvidersProvider"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.HRS § 28-__ (Definitions) 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 their systems from generating sexually explicit content, sexualized depictions involving minors, or content promoting self-harm, eating disorders, or illegal conduct for minor users. Second, providers must adopt and maintain a crisis response protocol for detecting user prompts indicating suicidal ideation or risk of serious self-harm, including reasonable efforts to redirect the user to crisis or support resources.
(a) 5 ProvidersProvider"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.HRS § 28-__ (Definitions) shall limit the collection, use, and retention of a minorMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions)'s personal data to what is reasonably necessary to operate the AI companion systemAI companion system"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.HRS § 28-__ (Definitions) and ensure safety and security.
(b) 6 A providerProvider"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.HRS § 28-__ (Definitions) shall not use a minorMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions)'s personal data for targeted advertising or profile minorsMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions) for engagement optimization or behavioral manipulation.
(c) 7 Sensitive data of a minorMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions) shall not be collected or processed unless necessary for system safety or accessibility and subject to heightened data minimization and security safeguards.
This section imposes three data governance obligations. First, providers must limit collection, use, and retention of minor personal data to what is reasonably necessary for system operation and safety. Second, providers may not use minor personal data for targeted advertising or profile minors for engagement optimization or behavioral manipulation. Third, sensitive data of minors may not be collected or processed unless necessary for system safety or accessibility, subject to heightened data minimization and security safeguards.
8 A provider of an AI companion systemAI companion system"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.HRS § 28-__ (Definitions) that is made available to minorsMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions) 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 harmMaterial risk of harm"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.HRS § 28-__ (Definitions), and obtain high-level information regarding a minorMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions)'s use of the AI companion systemAI companion system"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.HRS § 28-__ (Definitions).
This section requires providers of AI companion systems made available to minors to offer reasonable parental tools. Required capabilities include time limits on use, feature-level access restrictions for features presenting a material risk of harm, and high-level usage information for parents or guardians. The obligation is limited to AI companion systems (not all conversational AI services).
9 A provider of an AI companion systemAI companion system"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.HRS § 28-__ (Definitions) that presents a material risk of harmMaterial risk of harm"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.HRS § 28-__ (Definitions) to minorsMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions) shall implement reasonable and proportionate age assurance measures, consistent with privacy and data minimization principles, to prevent access by minorsMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions) 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, consistent with privacy and data minimization principles, to prevent access by minors where appropriate. The obligation is scoped to AI companion systems (not all conversational AI services) and is conditioned on the system presenting a material risk of harm.
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 of the new part. Recoverable remedies include actual damages, injunctive relief, and reasonable attorney's fees. No statutory minimum is specified — plaintiffs must demonstrate actual injury.
(a) This part shall be enforced by the attorney general.
(b) A providerProvider"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.HRS § 28-__ (Definitions) 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 providerProvider"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.HRS § 28-__ (Definitions) shall not be liable under this part if the providerProvider"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.HRS § 28-__ (Definitions) demonstrates good-faith, documented efforts to comply with the requirements of this part.
This section designates the attorney general as the enforcing authority and authorizes injunctive relief and civil penalties of up to $15,000 per violation per day. Subsection (c) provides a good-faith compliance defense: a provider is not liable if it demonstrates good-faith, documented efforts to comply with the requirements of the part.
The legislature finds that artificial intelligenceArtificial intelligence"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.HRS § 28-__ (Definitions) systems, capable of generating text, images, audio, video, and interactive dialogue, commonly referred to as generative artificial intelligenceArtificial intelligence"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.HRS § 28-__ (Definitions), are increasingly accessible to children and minorsMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions) 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 intelligenceArtificial intelligence"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.HRS § 28-__ (Definitions) chatbots and companion-style systems by minorsMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions). These concerns include: artificial intelligenceArtificial intelligence"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.HRS § 28-__ (Definitions) systems that simulate human emotions, companionship, or emotional dependency in ways that may be confusing or harmful to minorsMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions); the use of manipulative design features intended to increase engagement time, including gamification, emotional reinforcement, and simulated relational attachment; instances in which minorsMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions) have relied on artificial intelligenceArtificial intelligence"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.HRS § 28-__ (Definitions) systems for emotional support, mental health guidance, or crisis intervention beyond the systems' intended purpose or capability; the risk that minorsMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions) 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 intelligenceArtificial intelligence"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.HRS § 28-__ (Definitions) systems. The legislature recognizes that artificial intelligenceArtificial intelligence"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.HRS § 28-__ (Definitions) presents substantial benefits for education, accessibility, creativity, and innovation. The legislature does not intend to regulate general-purpose artificial intelligenceArtificial intelligence"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.HRS § 28-__ (Definitions) tools, productivity software, enterprise systems, or narrowly tailored applications that do not pose a material risk of harmMaterial risk of harm"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.HRS § 28-__ (Definitions) to minorsMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions). The purpose of this Act is to establish targeted, reasonable, and enforceable safeguards to protect minorsMinor"Minor" means a natural person under eighteen years of age.HRS § 28-__ (Definitions) from manipulative, deceptive, or unsafe design practices in conversational and companion-style artificial intelligenceArtificial intelligence"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.HRS § 28-__ (Definitions) systems, while preserving innovation, free expression, and responsible technological development.
Section 1 of the Act sets forth the legislature's findings regarding the growing accessibility of generative AI to minors and the risks posed by companion-style AI systems, including simulated emotional dependency, manipulative design features, crisis reliance, deception about AI nature, and exposure to harmful content. The legislature expressly states it does not intend to regulate general-purpose AI tools, productivity software, enterprise systems, or narrowly tailored applications that do not pose a material risk of harm to minors.
This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
This section is a standard savings clause preserving rights, duties, penalties, and proceedings that matured before the Act's effective date.
This Act shall take effect upon its approval.
The Act takes effect upon approval by the governor.