Hawaii Artificial Intelligence Disclosure and Safety Act (SB 3001, Act 248)
Hawaii · Haw. Rev. Stat. ch. 481B, new section (2026 Haw. Sess. Laws Act 248, SB 3001 CD1) · effective 2026-07-14
Summary
The operator of an AI companion must give a clear and conspicuous notice that it is artificial intelligence and not human whenever a reasonable person would be led to believe they are interacting with a human. For a user the operator knows, or is reasonably certain, is a minor, the notice must be a persistent visible disclaimer, or be given at the start of each session and at least once an hour with a reminder to take a break. An AI companion is a system designed to simulate a sustained human-like relationship by keeping information from earlier sessions, asking unprompted emotion-based questions, and sustaining a dialogue on personal matters. Signed and in effect July 14, 2026.
Who must comply
A person who develops and makes an AI companion available to the public. An app store or search engine that only provides access is not an operator, and the developer of an AI model is not liable for a third party's companion built on it.
What you must disclose
A clear and conspicuous notification that the AI companion is artificial intelligence and not human.
When: When a reasonable person would be led to believe they are interacting with a human; no set interval for adults. For users known or reasonably certain to be minors: a persistent visible disclaimer, or at the beginning of each session and at least once an hour, with a reminder to take a break.
Other duties
- Adopt a protocol for prompts about suicidal ideation or self-harm that makes reasonable efforts to refer the user to crisis services, and use evidence-based methods to measure the risk.
- Do not have the AI companion say it is designed to provide professional mental or behavioral health care.
- Take reasonable measures so the companion does not lead a person seeking crisis help to believe they are talking to a human, and does not encourage serious bodily injury to another person.
- For minors: no points or rewards at unpredictable intervals to drive engagement, no outputs that discourage leaving, measures against sexually explicit content, and tools for the user and their parents to manage screen time and account settings.
- From January 1, 2028, report each year to the Department of Health's Behavioral Health Administration on crisis referrals and protocols, with no user identifiers.
Exemptions
- Systems that do not meet all three parts of the AI companion definition, which leaves out an ordinary customer service or sales chatbot.
- App stores and search engines that only provide access.
- Developers of an AI model, for a third party's AI companion built on it.
Penalties
A violation is an unfair or deceptive act or practice under Haw. Rev. Stat. § 480-2. The act sets no amount of its own; the penalties are those of chapter 480.