WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
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.
This section establishes the short title of the new chapter as the Hawaii Artificial Intelligence Safety and Regulation Act. It creates 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.
This section sets out the legislature's findings and purpose for the bill, including concerns about AI's impact on the economy, society, and individual rights. It explicitly adopts the precautionary principle as the guiding regulatory philosophy — requiring preventive action in the face of uncertainty and shifting the burden of proof to AI developers to demonstrate safety. The section states the purpose is to establish the Office of Artificial Intelligence Safety and Regulation within the Department of Commerce and Consumer Affairs. No compliance obligation is imposed by this section.
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.
This section defines the key terms used throughout the chapter, including artificial intelligence (by reference to 15 U.S.C. § 9401), precautionary principle, and the institutional terms for the department, director, executive director, and office. No compliance obligation is imposed by this section; the definitions are captured in the top-level definitions object.
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 section imposes the bill's most consequential substantive obligation: a categorical prohibition on deploying AI products in Hawaii without first submitting affirmative proof establishing the product's safety to the Office. This effectively creates a pre-market authorization requirement for all AI products deployed in the state, with no risk threshold, sector limitation, or exemption. The burden of proof falls on the deploying person, consistent with the bill's adoption of the precautionary principle.
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.
This section establishes the Office of Artificial Intelligence Safety and Regulation within the Department of Commerce and Consumer Affairs. The office is headed by an executive director appointed by the governor with senate consent for a four-year term. The executive director and staff are exempt from civil service requirements under Chapter 76. This is an institutional-establishment provision that creates no direct compliance obligation 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.
This section authorizes the governor to define the executive director's powers and duties and fix compensation. The executive director is entitled to participate in employee benefit plans. This is an internal governmental administration provision that creates no compliance obligation on private parties.
(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.
This section enumerates the executive director's functions, powers, and duties, all guided by the precautionary principle. The office is directed to identify and assess AI risks, develop and enforce regulations, establish data privacy and security standards, conduct periodic risk assessments requiring affirmative proof of safety, provide public guidance, maintain a public incident reporting system, collaborate with stakeholders, conduct compliance investigations and audits, and adopt rules under the Administrative Procedure Act (Chapter 91). While these provisions primarily direct the office's activities rather than imposing obligations directly on private parties, certain duties — particularly the mandate to require affirmative proof of safety and to ensure developers, deployers, and users adhere to the chapter — frame regulatory expectations that will apply to regulated entities through future rulemaking.
(a)(1)–(2) 2 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)(1)–(2) 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.
This section directs the office's regulatory approach, requiring it to adhere to the precautionary principle and adopt a risk-based approach that considers the potential for harm, criticality of the application, and level of autonomy. Developers of higher-risk AI products bear a higher burden of proof to demonstrate safety. The office must establish a risk categorization framework, engage diverse stakeholders including experts, ethicists, indigenous groups, and the public, and regularly review and update its framework. The section also directs the office to balance innovation and public safety and collaborate with counties, other state agencies, federal agencies, and international regulators. While primarily directing government activity, the provision that higher-risk developers face a higher safety-demonstration burden creates an obligation on private parties that scales with assessed risk.
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.
This section requires the executive director to prepare and submit an annual report on the office's activities to the director, governor, and legislature no later than twenty days before each regular legislative session. This is an internal government reporting obligation directed at the office, not at private parties.
3 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.
This section establishes civil penalties for violations of the chapter or rules adopted under it. The fine amount is left blank in the introduced text. Each day of each violation constitutes a separate offense, and any action to impose or collect the penalty is a civil action. This section creates no independent compliance obligation — it is an enforcement mechanism for the duties imposed elsewhere in the chapter.
4 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.
This section designates the attorney general and the executive director of the office of consumer protection as the enforcement authorities, authorized to investigate reported or suspected violations and to bring civil actions or proceedings. No private right of action is created.