On January 24, 2024, Senate Bill (SB) 2572, a companion bill of HB 2176 HD1, relating to the Artificial Intelligence Safety and Regulation Act, was referred to the Senate Committees on Commerce and Consumer Protection, Labor and Technology, Judiciary, and Ways and Means after passing its first reading on January 22, 2024. In particualr, the bill aims to establish the office of artificial intelligence (AI) safety and regulation (the office) within the Department of Commerce and Consumer Affairs to regulate the development, deployment, and use of AI technologies in Hawaii in accordance with the precautionary principle, while encouraging innovation and advancement of AI development.

What are the key provisions of the bill?

The bill defines 'precautionary principle' as the principle that:

• 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.

Further, the bill states that no person would be allowed to deploy AI products in Hawaii without submitting to the office affirmative proof establishing the product's safety. Moreover, the bill lays down the general functions, powers, and duties of the office as well as considerations the office would require to adhere to while regulating the development, deployment, and use of AI technologies. 

Finally, the bill would empower the Attorney General of Hawaii or the executive director of the Office of Consumer Protection to investigate reported or suspected violations of the bill and any rules adopted under it and to enforce the laws and rules by bringing civil actions or proceedings.

You can read the bill here and track its progress here.

Update: February 20, 2024

Bill deferred by Committees

On February 15, 2024, the bill was deferred by the Senate Committees on Commerce and Consumer Protection and Labor and Technology. 

You can read the bill here and track its progress here.