Hawaii 2026 Regular Session

Hawaii Senate Bill SB59

Introduced
1/15/25  

Caption

Relating To Algorithmic Discrimination.

Impact

The legislation is poised to amend the Hawaii Revised Statutes by incorporating a new chapter specifically targeting algorithmic discrimination. It mandates that entities making algorithmic decisions must ensure that their practices do not discriminate on the basis of race, gender identity, or other protected characteristics. This would promote an accountability framework, as organizations would be required to conduct annual audits to assess and mitigate discriminatory impacts of their algorithms, thereby increasing oversight of automated decision-making in significant life areas.

Summary

SB59, relating to Algorithmic Discrimination, aims to address the potential discriminatory practices that may arise from algorithmic decision-making processes that impact an individual's access to important life opportunities, such as credit, insurance, and employment. The bill seeks to establish a legal framework requiring covered entities that utilize algorithms for such determinations to adhere to principles of fairness and transparency. It introduces definitions for key terms and specifies what constitutes algorithmic eligibility determinations and the need for notices regarding the use of personal information in these processes.

Contention

Discussion surrounding SB59 indicates diverse viewpoints on its implications. Proponents argue that the bill is a necessary step toward ensuring fairness and ethical use of technology in decision-making processes, potentially preventing biases that may arise from reliance on algorithms. Critics, however, express concerns over the regulatory burden it may impose on businesses and question the feasibility of implementing the required audits and reporting, especially for smaller entities. Additionally, there are discussions on the bill’s potential implications for innovation in technology and how stringent regulations may affect the development and deployment of artificial intelligence solutions.

Companion Bills

HI SB59

Carry Over Relating To Algorithmic Discrimination.

Previously Filed As

HI SB59

Relating To Algorithmic Discrimination.

HI SB1010

Relating To Sex-based Discrimination.

HI SB44

Relating To Housing Discrimination.

HI SB116

Relating To Discrimination.

HI HB758

Relating To Sex-based Discrimination.

HI HCR175

Urging The Attorney General To Investigate The Extent To Which Algorithmic Price-setting And Price-fixing Practices Are Being Used In The State's Rental Housing Market.

HI HR171

Urging The Attorney General To Investigate The Extent To Which Algorithmic Price-setting And Price-fixing Practices Are Being Used In The State's Rental Housing Market.

HI SB642

Relating To Insurance.

HI SB850

Relating To Disability Health Disparity.

HI SB157

Relating To Antitrust.

Similar Bills

HI SB59

Relating To Algorithmic Discrimination.

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 SCR184

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

HI SR165

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.

TX SB815

Relating to the use of certain automated systems in, and certain adverse determinations made in connection with, the health benefit claims process.

MD HB1385

Health Insurance - Use of Artificial Intelligence - Human Evaluation

PA SB1113

Providing for artificial intelligence in facilities, for artificial intelligence use by insurers and for artificial intelligence use by MA or CHIP managed care plans; imposing duties on the Department of Health, the Insurance Department and the Department of Human Services; and imposing penalties.