STAND. COM. REP. NO. 2221-26

Honolulu, Hawaii

, 2026

RE: S.C.R. No. 184

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Economic Development & Technology, to which was referred S.C.R. No. 184 entitled:

"SENATE 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 Hawaiʻi Civil Rights Commission to examine the applicability of existing state anti-discrimination laws to algorithmic and automated decision systems.

Your Committee received comments on this measure from the Hawaiʻi Civil Rights Commission.

Your Committee finds that algorithmic and automated decision systems are increasingly used in employment screening, tenant selection, credit determinations, and public benefits eligibility determinations to make decisions in areas that are traditionally protected by anti-discrimination laws. Your Committee further finds that research suggests that these systems may replicate, amplify, or obscure patterns of discrimination, particularly when the systems are built upon biased data or opaque modeling practices or lack sufficient oversight. This measure helps ensure that civil rights protections remain effective in the face of evolving technologies by requesting the Hawaiʻi Civil Rights Commission to examine the applicability of anti-discrimination laws to algorithmic and automated decision systems, which will provide critical insight into the sufficiency of existing state law in handling algorithmic discrimination and whether future legislation may be necessary.

As affirmed by the record of votes of the members of your Committee on Economic Development & Technology that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 184 and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Economic Development & Technology,

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GREGGOR ILAGAN, Chair