Hawaii 2026 Regular Session

Hawaii Senate Bill SR165

Introduced
3/16/26  
Refer
3/19/26  
Report Pass
4/8/26  

Caption

Requesting The Hawaii Civil Rights Commission To Examine The Applicability Of Existing State Anti-discrimination Laws To Algorithmic And Automated Decision Systems.

Summary

SR165 is a Senate resolution requesting the Hawaiʻi Civil Rights Commission to study how existing state anti-discrimination laws apply to algorithmic and automated decision systems, including artificial intelligence tools. The resolution focuses on systems used in employment screening, tenant selection, credit decisions, and public benefits eligibility, where automated tools may affect outcomes in areas already covered by civil rights protections. The requested review asks the Commission to assess whether current law is sufficient to investigate and remedy algorithmic discrimination, identify jurisdictional and evidentiary challenges, consider whether guidance or rulemaking would help clarify rights and responsibilities, and evaluate whether an intake or complaint pathway should be created for such claims. It also asks for recommendations on any needed legislation and a report to the Legislature before the 2027 session.

Impact

Because SR165 is a resolution rather than a bill, it does not itself change Hawaii law or create new rights, duties, or enforcement powers. Its practical effect is to direct the Hawaiʻi Civil Rights Commission to examine whether existing anti-discrimination statutes already cover algorithmic and automated decision-making and to report back with findings, possible administrative options, and any proposed legislation. The resolution is aimed at civil rights enforcement in employment, housing, credit, public accommodations, and government services.

Sentiment

The available record suggests generally favorable sentiment. The resolution passed the Senate Judiciary Committee unanimously, 5-0, and the text frames the issue as a civil rights and fairness concern tied to emerging technology. The discussion materials provided do not show recorded opposition, and the measure is presented as a study request rather than an immediate regulatory change.

Contention

The main points of concern are not opposition to the resolution itself, but the legal and practical questions it identifies. These include whether existing statutes already give the Commission enough authority to handle algorithmic discrimination claims, how complainants could prove discrimination when decision systems are opaque, and whether the Commission should develop a formal complaint process or issue guidance. The resolution also implicitly raises questions for regulated entities about compliance expectations and whether new legislation may ultimately be needed.

Companion Bills

HI SCR184

Same As Requesting The Hawaii Civil Rights Commission To Examine The Applicability Of Existing State Anti-discrimination Laws To Algorithmic And Automated Decision Systems.

HI HR182

Same As Requesting The Hawaii Civil Rights Commission To Examine The Applicability Of Existing State Anti-discrimination Laws To Algorithmic And Automated Decision Systems.

Previously Filed As

HI SR130

Requesting The Office Of Hawaiian Affairs To Convene A Working Group To Examine And Consider The Transfer Of Native Hawaiian Burial Site Management Under Chapter 6e, Hawaii Revised Statutes, From The State Historic Preservation Division To The Office Of Hawaiian Affairs.

HI SCR161

Requesting The Office Of Hawaiian Affairs To Convene A Working Group To Examine And Consider The Transfer Of Native Hawaiian Burial Site Management Under Chapter 6e, Hawaii Revised Statutes, From The State Historic Preservation Division To The Office Of Hawaiian Affairs.

HI HCR193

Requesting The Office Of Hawaiian Affairs To Convene A Working Group To Examine And Consider The Transfer Of Native Hawaiian Burial Site Management Under Chapter 6e, Hawaii Revised Statutes, From The State Historic Preservation Division To The Office Of Hawaiian Affairs.

HI HR186

Requesting The Office Of Hawaiian Affairs To Convene A Working Group To Examine And Consider The Transfer Of Native Hawaiian Burial Site Management Under Chapter 6e, Hawaii Revised Statutes, From The State Historic Preservation Division To The Office Of Hawaiian Affairs.

HI SB59

Relating To Algorithmic Discrimination.

HI SR13

Requesting The Insurance Commissioner To Study The Impact Of Uninsured Motorists In Hawaii.

HI HCR107

Requesting The Hawaii State Commission On The Status Of Women To Convene A Working Group To Develop Measures To Strengthen Protections Under Title Ix.

HI HR103

Requesting The Hawaii State Commission On The Status Of Women To Convene A Working Group To Develop Measures To Strengthen Protections Under Title Ix.

HI SR125

Requesting The Insurance Commissioner To Produce A Detailed Report Regarding The State Of The Private Property Insurance Industry In Hawaii.

HI HCR99

Requesting The Hawaii State Lgbtq+ Commission And Hawaii State Commission On The Status Of Women To Collaborate And Conduct A Comprehensive Review Of The Hawaii Revised Statutes And Recommend Amendments To Incorporate Gender-neutral Terminology.

Similar Bills

HI SCR184

Requesting The Hawaii Civil Rights Commission To Examine The Applicability Of Existing State Anti-discrimination Laws To Algorithmic And Automated Decision Systems.

HI HCR192

Requesting The Hawaii Civil Rights Commission To Examine The Applicability Of Existing State Anti-discrimination Laws To Algorithmic And Automated Decision Systems.

HI HR182

Requesting The Hawaii Civil Rights Commission To Examine The Applicability Of Existing State Anti-discrimination Laws To Algorithmic And Automated Decision Systems.

NJ S4239

Establishes Office of Algorithmic Civil Rights in DLPS to prevent discrimination in use of algorithms.

WA HB2157

Regulating high-risk artificial intelligence system development, deployment, and use.

US HB7110

Eliminating Bias in Algorithmic Systems Act of 2026

US SB3680

Eliminating Bias in Algorithmic Systems Act of 2026

CA SB420

An act to add Chapter 24.