WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This chapter shall be known and may be cited as the Hawaii Artificial IntelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 Safety and Regulation Act.
Establishes the short title of the new chapter as the Hawaii Artificial Intelligence Safety and Regulation Act. This is a naming provision with no compliance obligation.
Artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 technologies are rapidly advancing and have the potential to significantly impact the economy, society, and individual rights. To protect the safety, privacy, and fundamental rights of Hawaii residents, it is essential to ensure that the development, deployment, and use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 technologies and products in the State are undertaken in a responsible and transparent manner.
Several open letters published in 2023 by academics, advocates, and industry leaders on the risks posed by advanced artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 have warned that the potential existential risks from artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 should be a global priority alongside other societal-scale risks, including pandemics and nuclear war. Industry experts have also raised concerns regarding nonexistential risks of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3, including systematic bias, misinformation, malicious use, cyber-attacks, and weaponization, which are also important and must be addressed urgently.
In addressing the potential risks associated with artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 technologies, it is crucial that the State adhere to the precautionary principlePrecautionary principle"Precautionary principle" means the principle that: (1) Requires the government to take preventive action in the face of uncertainty; (2) Shifts the burden of proof to those who want to undertake an innovation to show that it does not cause harm; and (3) Holds that regulation is required whenever an activity creates a substantial possible risk to health, safety, or the environment, even if the supporting evidence is speculative.§ -3, which requires the government to take preventive action in the face of uncertainty; shifts the burden of proof to those who want to undertake an innovation to show that it does not cause harm; and holds that regulation is required whenever an activity creates a substantial possible risk to health, safety, or the environment, even if the supporting evidence is speculative. In the context of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 and products, it is essential to strike a balance between fostering innovation and safeguarding the well-being of the State's residents by adopting and enforcing proactive and precautionary regulation to prevent potentially severe societal-scale risks and harms, require affirmative proof of safety by artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 developers, and prioritize public welfare over private gain.
The purpose of this chapter is to establish the officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 safety and regulation within the department of commerce and consumer affairs to regulate the development, deployment, and use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 technologies in the State in accordance with the precautionary principlePrecautionary principle"Precautionary principle" means the principle that: (1) Requires the government to take preventive action in the face of uncertainty; (2) Shifts the burden of proof to those who want to undertake an innovation to show that it does not cause harm; and (3) Holds that regulation is required whenever an activity creates a substantial possible risk to health, safety, or the environment, even if the supporting evidence is speculative.§ -3, while encouraging innovation and advancement of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 development.
Sets out the legislature's findings on the risks of artificial intelligence — including existential, bias, misinformation, and weaponization risks — and articulates the precautionary principle as the governing regulatory philosophy. The section states the purpose of the chapter: to establish the office of artificial intelligence safety and regulation within DCCA. No compliance obligation is created.
As used in this chapter: "Artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3" has the same meaning as defined in title 15 United States Code section 9401. "DepartmentDepartment"Department" means the department of commerce and consumer affairs.§ -3" means the department of commerce and consumer affairs. "DirectorDirector"Director" means the director of commerce and consumer affairs.§ -3" means the director of commerce and consumer affairs. "Executive directorExecutive director"Executive director" means the executive director of the office of artificial intelligence safety and regulation.§ -3" means the executive director of the officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 safety and regulation. "OfficeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3" means the officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 safety and regulation. "Precautionary principlePrecautionary principle"Precautionary principle" means the principle that: (1) Requires the government to take preventive action in the face of uncertainty; (2) Shifts the burden of proof to those who want to undertake an innovation to show that it does not cause harm; and (3) Holds that regulation is required whenever an activity creates a substantial possible risk to health, safety, or the environment, even if the supporting evidence is speculative.§ -3" means the principle that: (1) Requires the government to take preventive action in the face of uncertainty; (2) Shifts the burden of proof to those who want to undertake an innovation to show that it does not cause harm; and (3) Holds that regulation is required whenever an activity creates a substantial possible risk to health, safety, or the environment, even if the supporting evidence is speculative.
Defines the key terms used throughout the chapter: artificial intelligence (by cross-reference to 15 U.S.C. § 9401), department, director, executive director, office, and precautionary principle. Notably, the bill does not separately define "artificial intelligence product" or any covered-entity term such as "developer" or "deployer" — those terms are used in operative provisions without formal definition in this section.
1 No person shall deploy artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 products in the State without submitting to the officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 affirmative proof establishing the product's safety.
This is the bill's core substantive mandate on private parties: no person may deploy any AI product in Hawaii without first submitting affirmative proof establishing the product's safety to the office. The provision effectively creates a pre-market authorization regime for all AI products in the state — an extraordinarily broad requirement that would apply to any person deploying any AI product, without limitation by risk tier or product category. The term "artificial intelligence products" is not separately defined; the scope would need to be derived from the chapter's definition of "artificial intelligence" (15 U.S.C. § 9401).
There is established within the department of commerce and consumer affairs for administrative purposes only, the officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 safety and regulation to regulate the development, deployment, and use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 technologies in the State. The officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 shall be headed by an executive directorExecutive director"Executive director" means the executive director of the office of artificial intelligence safety and regulation.§ -3 who shall be appointed by the governor, with the advice and consent of the senate, to serve for a term of four years. The executive directorExecutive director"Executive director" means the executive director of the office of artificial intelligence safety and regulation.§ -3 shall be exempt from chapter 76 and may employ staff as may be necessary for the purposes of this chapter without regard to chapter 76.
Establishes the Office of Artificial Intelligence Safety and Regulation within DCCA for administrative purposes. The office is headed by an executive director appointed by the governor with senate confirmation for a four-year term, exempt from chapter 76 civil service requirements. The executive director may hire staff without civil service constraints. This section creates the institutional infrastructure but does not impose obligations on private parties.
Notwithstanding section -13, the governor may define the executive directorExecutive director"Executive director" means the executive director of the office of artificial intelligence safety and regulation.§ -3's powers and duties and fix the executive directorExecutive director"Executive director" means the executive director of the office of artificial intelligence safety and regulation.§ -3's compensation. The executive directorExecutive director"Executive director" means the executive director of the office of artificial intelligence safety and regulation.§ -3 shall be entitled to participate in any employee benefit plan.
Authorizes the governor to define the executive director's powers, duties, and compensation, notwithstanding the general powers described in § -13. The executive director is entitled to participate in any employee benefit plan. This is an administrative personnel provision with no private-party obligation.
(1)–(9) The executive directorExecutive director"Executive director" means the executive director of the office of artificial intelligence safety and regulation.§ -3 shall have the following functions, powers, and duties, guided by the precautionary principlePrecautionary principle"Precautionary principle" means the principle that: (1) Requires the government to take preventive action in the face of uncertainty; (2) Shifts the burden of proof to those who want to undertake an innovation to show that it does not cause harm; and (3) Holds that regulation is required whenever an activity creates a substantial possible risk to health, safety, or the environment, even if the supporting evidence is speculative.§ -3: (1) Identify and assess existing and potential risks and uncertainties associated with the development, deployment, and use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 systems and applications in the State; (2) Develop, implement and enforce regulations regarding the responsible development, deployment, and use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 technologies to mitigate risks in the State with particular focus on public safety and protecting the privacy and individual rights of users of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 products in the State; (3) Establish standards and guidelines for data privacy, security, and transparency in artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 systems and ensure that developers, deployers, and users of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 systems and applications in the State adhere to the provisions of this chapter and rules adopted pursuant to this chapter; (4) Conduct periodic risk assessments of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 systems and applications to identify existing or potential hazards, vulnerabilities, or adverse effects, and develop and implement measures to mitigate the hazards, vulnerabilities, or adverse effects, taking into account potential adverse effects that may arise from artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 technologies and requiring affirmative proof of safety by artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 developers before products are deployed; (5) Provide guidance and education to artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 developers, deployers, and users of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 technologies and the public on the best practices, potential risks, and responsible adoption of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 technologies and encourage the application of the precautionary principlePrecautionary principle"Precautionary principle" means the principle that: (1) Requires the government to take preventive action in the face of uncertainty; (2) Shifts the burden of proof to those who want to undertake an innovation to show that it does not cause harm; and (3) Holds that regulation is required whenever an activity creates a substantial possible risk to health, safety, or the environment, even if the supporting evidence is speculative.§ -3 in the design and deployment of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 products to safeguard the well-being of the communities; (6) Establish and maintain a reporting system for the public to raise concerns, report incidents, and seek information related to artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 systems and their impact on society. The executive directorExecutive director"Executive director" means the executive director of the office of artificial intelligence safety and regulation.§ -3 shall be responsive to the reports, take necessary action to protect public safety, and act in the best interest of the public; (7) Collaborate with relevant public and private agencies, academic institutions, and industry stakeholders, as appropriate, to promote research, innovation, and advancement of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 technologies, while integrating precautionary measures to effectively address potential risks; (8) Conduct investigations and audits to ensure compliance with this chapter; and (9) Adopt, amend, or repeal rules in accordance with chapter 91, necessary to carry out the purposes of this chapter.
Enumerates nine broad powers and duties of the executive director, all guided by the precautionary principle. These include risk identification and assessment, rulemaking authority, establishing data privacy and security standards, conducting periodic risk assessments of AI systems, public education, maintaining a public incident-reporting system, collaborating with stakeholders, and conducting compliance investigations and audits. While these provisions primarily establish the office's regulatory mandate rather than direct obligations on private parties, the power to conduct investigations and audits (paragraph 8) and the rulemaking authority (paragraph 9) are the mechanism through which enforceable private-party obligations would be created.
(a) In regulating the development, deployment, and use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 technologies in the State, the officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 shall: (1) Adhere to the precautionary principlePrecautionary principle"Precautionary principle" means the principle that: (1) Requires the government to take preventive action in the face of uncertainty; (2) Shifts the burden of proof to those who want to undertake an innovation to show that it does not cause harm; and (3) Holds that regulation is required whenever an activity creates a substantial possible risk to health, safety, or the environment, even if the supporting evidence is speculative.§ -3, emphasizing the proactive identification and management of risks associated with artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 technologies and the need for artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 developers to provide affirmative proof of safety of their products before deployment; and (2) Take a risk-based approach considering factors, including the potential for harm, criticality of the application, and level of autonomy. A developer of an artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 product deemed by the officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 to have a higher potential risk shall have a higher burden of proof to demonstrate the safety of the product before deployment.
(b) As part of the risk-based approach, the officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 shall: (1) Strategically allocate its resources into its efforts to address high-priority artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 applications that pose significant risks to human health, safety, or fundamental rights; and (2) Establish, in accordance with the precautionary principlePrecautionary principle"Precautionary principle" means the principle that: (1) Requires the government to take preventive action in the face of uncertainty; (2) Shifts the burden of proof to those who want to undertake an innovation to show that it does not cause harm; and (3) Holds that regulation is required whenever an activity creates a substantial possible risk to health, safety, or the environment, even if the supporting evidence is speculative.§ -3, a framework for assessing and categorizing artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 systems based on risk levels, which shall enable the officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 to prioritize regulatory efforts on high-risk artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 applications and products to prevent and mitigate potential harm to public safety and individual rights.
(c) In applying the risk-based approach, the officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 shall be transparent and cooperate with stakeholders from diverse backgrounds, including experts in artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 technology, ethicists, business groups, indigenous groups, the nonprofit sector, health care professionals, academics, and members of the public, to ensure that decisions regarding risk assessment and regulation are informed, well-balanced, and considerate of the potential implications on society.
(d) The officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 shall regularly review and update its risk assessment framework to keep pace with evolving artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 technologies and potential risks and effectively address any emerging challenges through continuous evaluation and improvement.
(e) The officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 shall maintain a balance between innovation of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 technologies and public safety by fostering and promoting the responsible innovation and use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 technologies, and cooperating with counties, other state agencies, federal agencies, international regulators, artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 developers, industry stakeholders, and others, as appropriate, to encourage the adoption of best practices and precautionary measures in artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 product regulation and development.
Directs the office to adhere to the precautionary principle and adopt a risk-based approach in regulating AI, considering potential for harm, criticality of application, and level of autonomy. Higher-risk AI products trigger a higher burden of proof for developers. The section requires stakeholder engagement across diverse backgrounds (including ethicists, indigenous groups, nonprofits, and health care professionals), regular updates to the risk assessment framework, and a balance between innovation and public safety. These are government-facing mandates directing the office's regulatory approach — they do not impose direct compliance obligations on private parties, though they frame how the office will apply § -4's safety-proof requirement.
The executive directorExecutive director"Executive director" means the executive director of the office of artificial intelligence safety and regulation.§ -3 shall prepare and submit an annual report describing the activities of the officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 to the directorDirector"Director" means the director of commerce and consumer affairs.§ -3, governor, and legislature, no later than twenty days prior to the convening of each regular session.
Requires the executive director to submit an annual report on office activities to the DCCA director, the governor, and the legislature, due at least twenty days before the convening of each regular session. This is a government-facing reporting requirement, not a private-party obligation.
Any person who violates any provision of this chapter or any rule adopted by the officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 pursuant to this chapter shall be fined not more than $ for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.
Establishes the penalty framework for violations: a fine of an unspecified amount (left blank in the introduced text) per separate offense, with each day of violation constituting a separate offense. Actions to impose or collect the penalty are treated as civil actions. The blank penalty amount is a notable drafting gap — the bill was introduced without specifying the maximum fine.
The attorney general or the executive director of the office of consumer protection is authorized to investigate reported or suspected violations of this chapter and any rules adopted pursuant to this chapter, and to enforce the laws and rules by bringing civil actions or proceedings.
Designates the attorney general or the executive director of the office of consumer protection as the enforcement authorities, empowered to investigate reported or suspected violations and enforce the chapter and its rules by bringing civil actions or proceedings. No private right of action is created.
Notwithstanding any provision to the contrary, the employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees under the administrative control of this departmentDepartment"Department" means the department of commerce and consumer affairs.§ -3 shall be determined by the director of commerce and consumer affairs subject only to applicable personnel laws; provided that, to the extent it conflicts with sections -11 and -12, this subsection shall not apply to the officers and employees of the officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 safety and regulation established under section -11.
Amends HRS § 26-9(e) to carve out officers and employees of the new Office of Artificial Intelligence Safety and Regulation from the DCCA director's general personnel authority, to the extent it conflicts with the office's own staffing provisions in §§ -11 and -12. This is a conforming administrative amendment with no private-party compliance obligation.
There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of the officeOffice"Office" means the office of artificial intelligence safety and regulation.§ -3 of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as defined in title 15 United States Code section 9401.§ -3 safety and regulation. The sum appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.
Appropriates an unspecified amount (left blank) from general revenues for fiscal year 2024–2025 to establish the Office of Artificial Intelligence Safety and Regulation, to be expended by DCCA. No private-party obligation.
This Act shall take effect on July 1, 2024.
Sets the effective date of the Act as July 1, 2024. The bill did not advance and was never enacted.