STAND. COM. REP. NO. 2253-26

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 Judiciary & Hawaiian Affairs, 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 testimony in support of this measure from Aloha Independent Living Hawaii. Your Committee received testimony with comments on this measure from the Hawaiʻi Civil Rights Commission.

Your Committee finds that automated decision systems may present risks related to civil rights compliance, particularly in employment screening, tenant selection, credit determinations, and eligibility determinations for public benefits. Your Committee further finds that these systems may be built upon biased data, thereby replicating patterns of discrimination. Your Committee believes that the Hawaiʻi Civil Rights Commission should examine the use of these systems and report to the Legislature on how the State can ensure that such 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 S.C.R. No. 184 and recommends its adoption.

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

____________________________

DAVID A. TARNAS, Chair