An Act to Regulate
Maine Legislature, Session 132, LD 2162
Committee Amendment CA_C_H1004 (House)

COMMITTEE AMENDMENT"^ "to HJP. 1451 LD. 2162 "An Act to Regulate
and Prevent Children's Access to Artificial Intelligence Chatbots with Human-like Features
and Social Artificial Intelligence Companions"
Amend the bill by inserting after the title and before the enacting clause the following:
'Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, minors in this State may have access to artificial intelligence chatbots and
social artificial intelligence companions, and their interactions with these chatbots or social
artificial intelligence companions may be harmful to their mental health; and
Whereas, this legislation requires a person that, for commercial purposes, operates or
distributes an artificial intelligence chatbot or social artificial mtelligence companion to
mamtain systems to detect, promptly respond to, report and mitigate situations m which a
minor indicates to a chatbot that the minor intends to harm the minor or commit harm to
another person; and
Whereas, this legislation is necessary to protect minors in this State and must be
enacted immediately to prevent a minor from harming the mmor or committmg harm to
another person; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 10 MRSA c. 247 is enacted to read:
CHAPTER 247
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REGULATION OF ARTIFICIAL INTELLIGENCE CHATBOTS AND SOCIAL
ARTIFICIAL INTELLIGENCE COMPANIONS
S1500-PP. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanines.
1. Artificial intellieence chatbot; chatbot. "Artificial intelligence chatbot" or
"chatbot" means an artificial mtelljgence system with which users can interact by or
through a software aDplication, web interface, computer program or other interface that
approximates or simulates human conversation and interaction through a text, audio or
visual medium,
2. Deplover. "Deployer" means a person that. for commercial purposes. operates or
distributes an artificial intelligence chatbot or social artificial intellieence comoanion.
3. Human-Iike feature. "Human-like feaftjre." with respect to an artificial intellieence
system, means;
A. Behavior that would lead a reasonable person to believe that the artificial
intelligence system is convevmg that it has humanity, sentience. emotions or desires.
which:
d) Includes, but is not limited to. the artificial intellieence system;
{a) Stating or sueeestine that it is human or sentient;
fb) Stating or suggesting that it has emotions; pr
(c) Stating or sueeestine that it has personal desu-es;^nd
(2) Does not include:
Cat The provision of a functional evaluation; or
fbt The use of generic social formalities;
B. An attempt by the artificial intelligence system to build or engage in an emotional
relationship with the user. which:
d) Includes, but is not limited to:
Ca) Expressing or invitine emotional attachment;
fb) Reminding, prompting or encom'agmg the yseLto return for emotional
sunoort or comDanionshm;
(c) Demctmg nonverbal fonns of emotional support;
fd) Behaving in a wav that areasonable user would consider excessive oraise
designed to foster emotional attachment with or otherwise gain the favor of the
user; or
5 fe) Enabling or Durportme to enable increased intunacy based on engagement
or payment by the user; and
(2) Does not include:
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(&) Using eeneric words or phrases of encoui'agement that do not create an
oneoine emotional attachment; or
fb) Asking if a user needs further help or support in a neutral, nonemotional
context; or
C, Impersonation of a real individual, livme or dead. by the artificial intelligence
system,
4. Minor. "Minor" means an individual who has not attained 18 vears of ape,
5. Person. "Person" means an individual. Dartnersyj?^CQmoratiQn. develon^^^^
chatbot or social artificial mtellieence companion or state or local government aaencv.
6. Social artificial intellieence companion; social AI companion. "Social artificial
intellieence companion" or "social AI conwanion" means an artificial mtellieence sYstem
that is specifically designed. marketed or optimized to form an oneom&social or emotional
attachment with a user. whether or not the system also Brovjdes information, completes
tasks or assists with specific functions,
7. User. "User" means a person who interacts with an artificial intelligence system,
§1500-00. Applicabilitv
This chapter applies to;
1. Deployers; connection to State. Deployers that conduct business in this State or
that operate or distribute products or services that are marketed or promoted to residents of
Ms State; and
2. Minors; residence. Minors who reside in this State.
§15QO-RR. Chatbots with human-like features and social AI coniDanions not
accessible to minors
1. Chatbots with human-like features; no minor access. A deDloyer shall ensure
that any chatbot operated or distributed by the deoloYer does not make human-like features
available to mmors to use. interact with, purchase or converse with, A deployer may, if
reasonable eiven the purpose of the chatbot. provide an alternative version of the chatbot
without human-like features available to minors.
2. Social artificial intellieence companions; no minor access. A deplover shall
ensure that any artificial intellieence system, includiag a chatbot. operated or distributed
by the deployer that primarily functions as a social artificial intellieence companion is not
available to minors to use. interact with. purchase or converse with.
3. Svstems to detect and resoond when minor indicates intent to harm.
4 Notwithstandine any provision of this section or any other provision of law to the contrary.
5 a deplover shall implement and mamtain systems to detect, promptly respond to. report and
mitigate situations m which a minor mdicates to a chatbot that the minor intends to harm
the minor or commit harm to another person.
S1500-SS. Penalties and remedies for violation
Violations of this chapter may be enforced in accordance with this section.
1. Civil action brought bv Attorney General. The Attomey General may bring a
civil action aeamst a person that violates this chapter. Penalties may include:
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A. An order to enjoin a violation of this chapter;
B. Disgorgement of profits or revenues realized as a result of a violation of this chapter;
and
C. A civil penalty of:
d) For each violation of this chapter, not more than $2.500 per violation; and
(2) Notwithstandine subparaeraoh H). for each intentional violation of this
chapter, not more than $7.500 per violation.
2. Private right of action for minors. A minor who uses a chatbot or social artificial
intellisence comoanion that does not comply with the provisions of this chapter, or a parent
or guardian acting on the minor's behalf, may bring a civil action aeainst the deplover of
the chatbot or social artificial intelligence companion independently, or as part of a class
action, toi
A. Recover damages in an amount not to exceed $2500 per incident, up to a maximum
of $50,000 per minor, or actual damaees. whichever isjyeater; and
B. In lieu of or in addition to recovery of damages, obtain iniunctive or declaratory
relief,.
S1500-TT. Rules
The Department of the Attorney General may adopt rules necessar/ to implement this
chapter. Rules adopted pursuant to this chapter are routme technical rules as described in
Title 5. chapter 375. subchaoter 2-A.
Sec. 2. Stakeholder group convened by Attorney General. The Attorney
General shall convene a stakeholder group to review the provisions of the Maine Revised
Statutes, Title 10, chapter 247 and to consider whether the provisions, including the
defmitions and the substantive requirements, should be amended to clarify the provisions
or to address unintended consequences or whether the adoption of rules is necessary to
implement the provisions of Title 10, chapter 247. The stakeholder group shall also review
similar laws enacted in other states and recommendations related to best practices for
regulation of artificial intelligence chatbots and social artificial intelligence companions
for the protection of minors. No later than January 15, 2027, the Attorney General shall
submit a report on the stakeholder group's recommendations, including any suggested
legislation and any proposed rules, to the joint standing committee of the Legislature having
jurisdiction over health coverage, insurance and fmancial services matters. The joint
standing committee may report out a bill related to the report to the 133rd Legislature in
2027.
Emergency clause. In view of the emergency cited m the preamble, this legislation
6 takes effect when approved.'
7 Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
8 number to read consecutively.
SUMMARY
This amendment replaces the bill and adds an emergency preamble and emergency
clause. The amendment requires operators and distributors of artificial intelligence
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chatbots and social artificial intelligence companions to implement and maintain systems
to detect, promptly respond to, report and mitigate situations in which a minor indicates to
a chatbot that the minor intends to harm the minor or commit harm to another person,
Operators and distributors of artificial intelligence chatbots and social artificial mtelligence
companions are prohibited from making accessible to minors any chatbots or social
artificial intelligence companions that have human-like features. A chatbot with human-
like features is a chatbot that behaves in a way that conveys humanity, sentience, emotions
or desires; attempts to build an emotional relationship with the user; or impersonates a real
individual, living or dead.
The amendment allows the Attorney General to bring a civil action against a person
that violates the provisions of this legislation and also provides a private right of action that
a mmor or the minor's guardian may bring on the minor's behalf. The amendment also
requires the Attorney General to convene a stakeholder group to review the Maine Revised
Statutes, Title 10, chapter 247 and to consider whether the provisions, including the
definitions and the substantive requirements, should be further amended to clarify the
provisions or to address unintended consequences or whether the adoption of rules is
necessary to implement the provisions. No later than January 15, 2027, the Attorney
General must submit a report on the stakeholder group's recommendations, including any
suggested legislation and any proposed rules, to the joint standing committee of the
Legislature having jurisdiction over health coverage, insurance and fmancial services
matters. The joint standing committee may report out a bill related to the report to the
133rd Legislature in 2027.
The amendment incorporates the same substantive provisions as Committee
Amendment "A," except that it does not delay until February 15, 2027 the prohibition
against making artificial intelligence chatbots and social artificial intelligence companions
available to minors.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved; 04/01/26 i-Kt-
LD 2162 LR 2723(03)
An Act to Regulate and Prevent Children's Access to Artificial Intelligence Chatbots with Human-Iike
Features and Social Artificial Intelligence Companions
Fiscal Note for Bill as Amended by Committee Amendment 7<"/
Committee: Health Coverage, Insurance and Financial Services
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Net Cost (Savings)
General Fund $0 $0 $437,081 $445,095
Appropriations/Allocations
General Fund $0 $0 $437,081 $445,095
Correctional and Judicial Impact Statements
This bill may increase the number of civil suits filed in the court system. The additional workload associated with the
minimal number of new cases filed in the court system does not require additional funding at this time, The collection
of additional filing fees will increase General Fund revenue by minor amounts,
Fiscal Detail and Notes
The Office of the Attorney General will require a General Fund appropriation of $437,081 in fiscal year 2027-28 for
one Assistant Attorney General position with expertise in AI and related All Other costs to lead a stakeholder group,
engage in rule making and provide needed resources for enforcement and reporting to the legislature.
LR2723(03) - Fiscal Note - Page 1 of 1