STAND. COM. REP. NO. 3534

Honolulu, Hawaii

RE: S.C.R. No. 184

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Judiciary, 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 and intent 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 received testimony in support of this measure from one individual.

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

Your Committee finds that the State has a longstanding commitment to protecting individuals from discrimination in employment, housing, public accommodations, credit, and access to state and county services. Algorithmic and automated decision systems, including artificial intelligence tools, are increasingly used to make decisions in these areas that are traditionally protected by anti-discrimination laws. Research and national experience suggest, however, that these systems may replicate, amplify, or obscure patterns of discrimination, especially when these systems are built upon biased data or opaque modeling practices or lack of sufficient oversight. Discrimination arising from algorithmic and automated decision systems may present novel jurisdictional, evidentiary, and enforcement questions under the State's existing civil rights statutes. This measure will support the consistent application of the State's anti-discrimination law to uphold fairness, equal protection, and public confidence in government.

As affirmed by the record of votes of the members of your Committee on Judiciary 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,

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KARL RHOADS, Chair