STAND. COM. REP. NO. 1890-26

Honolulu, Hawaii

, 2026

RE: H.C.R. No. 192

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.C.R. No. 192 entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE HAWAIʻI CIVIL RIGHTS COMMISSION TO EXAMINE THE APPLICABILITY OF EXISTING STATE ANTI-DISCRIMINATION LAWS TO ALGORITHMIC AND AUTOMATED DECISION SYSTEMS,"

begs leave to report as follows:

The purpose of this measure is to request the Hawaii Civil Rights Commission to examine the applicability of existing state anti-discrimination laws to algorithmic and automated decision systems.

Your Committee has received testimony in support of this measure from Aloha Independent Living Hawaii. Your Committee has received testimony with comments from the Hawaii Civil Rights Commission.

Your Committee finds that automated decision systems may present the risk of civil rights violations, especially as they pertain to employment screening, tenant selection, credit determinations, and eligibility determinations for public benefits. Your Committee also finds that these systems may be built upon biased data which ultimately replicate patterns of discrimination. Your Committee believes that the Hawaii Civil Rights Commission should examine the use of these systems and report to the legislature on how the State can ensure these systems comply with anti-discrimination laws.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 192 and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair