An Act to Regulate
Maine Legislature, Session 132, LD 2162
Committee Amendment CA_A_H1002 (House)

COMMITTEE AMENDMENT "/\/) to H.P. 1451, L,D. 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 insertmg 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, mmors in this State may have access to artificial mtelligence chatbots and
social artificial intelligence companions, and their interactions with these chatbots or social
artificial mtelligence 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 intelligence companion to
maintain systems to detect, promptly respond to, report and mitigate sitiations in 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 m this State and must be
enacted immediately to prevent a minor from harming the minor or committing harm to
another person; and
Whereas, m the judgment of the Legislature, these facts create an emergency within
the meaning of the Constihition 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
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT " / \ " to H.P. 1451, L.D. 2162
REGULATION OF ARTIFICIAL INTELLIGENCE CHATBOTS AND SOCIAL
ARTIFICIAL INTELLIGENCE COMPANIONS
S1500-PP. Definitions
As used in this chapter, unless thecontexLotherwise indicates, the following terms
have the followine meanings,
1. Artificial intellieence chatbot; chatbot. "Artificial intellieence chatbot" or
"chatbot" means an artificial intelligence system with which users can interact by or
through a software apBlication, web mterface. computer program or other interface that
approximates or simulates human conversation and interaction throueh a text. audio or
visual medium,
2. Deployer. "Denlover"means aaersonthat, forcQmmercialpurBQses,oueratesor
distributes an artificial intellieence chatbot or social artificial intellisence comoanion.
3, Human-like feature. "Human-like feature." with respectto 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 desu-es.
which:
(DJncludes. but is not limited to. the artificial mtelligence system:
.Ca) Stating or sueeestine that it is human or sentient;
(b) Stating or suggesting that it has emotions; or
(c) Statme or suggesting that it has personal desires; and
(2) Does not include:
(st) The orovision of a functional evaluation; or
fblThe use of eeneric social formalities;
B. An attempt by the artificial intelligence system to build or eneaee in an emotional
relationship with the user. which:
d) Includes, but is not limited to:
fal Expressing or inviting emotional attachment:
Cb) Remindme. oromptme or encouragme the user to refairn for emotional
support or conroanionshiD;
(c) Depicting nonverbal forms of emotional suDUorti
Cd) Behaving in a wav that a reasonable user would consider excessive praise
designed to foster emotional attachment with or otherwise gain the favor of the
user; or
(e) Enabling or Durportins to enable increased intimacv based on eneagement
or payment by the user: and
7 (2) Does not include;
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT " 3\" to H.P. 1451, L,D. 2162
fa) Usine eeneric words or phrases of encouraeement that do not create an
ongoing emotional attachment; or
(V) Asking if a user needs further help or supportin a neutral, nQnemotb^
context; or
C. Impersonation of a real mdividual. living or dead, by the artificial intelligence
system.
4. Minor. "Minor" means an individual who has not attained 18 years of age.
5. Person. "Person" means an individual, partnership, corporation, developer of a
chatbot or social artificiali^^^^ companion or state or local government agencY.
6. Social artificial intellieence companion; social AI companion. "Social artificial
intellieence companion" or "social AI comuanion" means an artificial mtellieence system
that is specifically designed, marketed or ootimized to form an ongoing social or emotional
attachment with a user. whether or not the system also provides infonnation. completes
tasks or assists with specific functions.
7. User. "User" means a person who interacts with an artificial intelligence system.
S1500-00. Applicabilitv
This chapter awlies to:
1. Deployers; connection to State. Deployers that conduct business m this State or
that operate or disttibute produce services that are marketed or promoted to residents of
this State; and
2. Minors; residence. Minors who reside in this State,
S1500-RR. Chatbots with human-Iike features and social AI companions not
accessible to minors
1. Chatbots with human-Iike features; no minor access. Beeinnme Febmary 15.
2027. a deployer shall ensure that any chatbot operated Qrdistributedb^t^^^^^^^
not make human-like features available to minors to use. mteract with. purchase or
converse with. A deolover may. if reasonable given the purpose of the chatbot. provide an
alternative version of the chatbot without human-like features available tisminors,
2. Social artificial intellieence companions; no minoraccess. Begmning Februarv
15.2027, a deployer shall ensure that any artificial intellieence system, includine a chatbot.
operated or distributed by the deplover that primarily fanctions as a social artificial
2 intelliRence companion is not available to minors to use. interact with. purchase or conYerse
with.
3. Systems to detect and respond when minor indicates intent to harm.
5 Notwithstandine any provision of this section or any other provision of law to the cont-ary.,
6 a deplover shall implement and maintain systems to detect. promptly respond to, report and
7 mitigate situations in which a minor indicates to a chatbot that the minor intends to harm
8 the minor or commit harm to another person,
^1500-SS. Penalties and remedies for violation
Violations of this chapter may be enforced in accordance with this section,
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT "f\ " to H.P. 1451, L.D. 2162
1. Civil action brought by Attorney General. The Attorney General may brine a
civil action against a person that violates this chapter. Penalties may mclude:
A. An order to enjoin a violation of this chapter;
B. Disgoreement of profits or revenues realized as a result of a violation of this chapter;
and
C. A civil penalty of:
fl) For each violation of this chapter, not more than $2.500 per violation; and
(2) Notwithstanding subparagraph d). for each intentional violation of this
chapter, not more than $7.500 per violation.
2, Private rieht of action for minors. A minor who uses a chatbot or social artificial
mtelligence companion thatdoes notcomplv with the provisions of this chapter, or a parent
or guardian acting on the minor's behalf, may bring a civil action against the deolover of
the chatbot or social artificial intellieence companion indeoendently. or as part of a class
action, to:
A. Recover damages in an amount not to exceed $2500 per incident, uo to a maximum
of $50.000 per minor. or actual damages, whichever is greater; and
B. In lieu of or in addition to recovery of damages, obtain miunctive or declaratory
relief.
81500-TT. Rules
The Department of the Attorney General may adopt rules necessary to implement this
chapter. Rules adopted pursuant to this chapter are routine technical rules as described in
Title 5. chapter 3 75, subchaBter 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 mles is necessaiy 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 m
2027.
Emergency clause. In view of the emergency cited in the preamble, this legislation
8 takes effect when approved,'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT " A " to H,P. 1451, L.D, 2162
SUMMARY
This amendment replaces the bill and adds an emergency preamble and emergency
clause, The amendment requires operators and distributors of artificial intelligence
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 mmor or commit harm to another person.
Begmning February 15, 2027, 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 m 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 minor 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
Legislahire 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.
FISCAL NOTE REQmRED
(See attached)
COMMITTEE AMENDMENT
Approved; 04/01/26 t-KL
LD 2162 LR 2723(02)
An Act to Regulate and Prevent Children's Access to Artificial Intelligence Chatbots with Human-like
Features and Social Artificial Intelligence Companions
Fiscal Note for Bill as Amended by Committee Amendment '^'^^-/ooz)
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/AIlocations
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 m 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(02) - Fiscal Note - Page 1 of 1