HB 2357: Artificial Intelligence; Music Streaming Platforms; Music Artists; Prohibitions; Unfair Competition; UDAP; AG

A BILL FOR AN ACT

RELATING TO ARTIFICIAL INTELLIGENCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Artificial intelligence music artists

     §   -1  Definitions.  As used in this chapter:

     "Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers from inputs how to generate outputs, such as predictions, content, recommendations, or decisions, that influence real or virtual environments.

     "Artificial intelligence music artist" means a persona that is not a natural person, created through artificial intelligence, and marketed, distributed, or promoted as a musical performer or recording artist.

     "Music streaming platform" means a website, application, or other digital interface accessible to the public that offers a catalogue of music or other audio-based content.

     §   -2  Artificial intelligence music artists; streaming platforms; prohibited.  No music streaming platform shall host, distribute, or otherwise make available in the State music performed or attributed to an artificial intelligence music artist.

     §   -3  Rules; enforcement.  (a)  The department of the attorney general shall have exclusive authority to enforce this chapter and adopt rules pursuant to chapter 91 necessary to carry out the purposes of this chapter.

     (b)  Any violation of this chapter shall constitute an unfair method of competition and an unfair and deceptive act or practice in the conduct of any trade or commerce under section 480-2."

     SECTION 2.  This Act shall take effect on July 1, 3000.

Report Title:

Artificial Intelligence; Music Streaming Platforms; Music Artists; Prohibitions; Unfair Competition; UDAP; AG

Description:

Prohibits music streaming platforms from hosting, distributing, or otherwise making available in the State music performed or attributed to an artificial intelligence music artist.  Makes violations an unfair method of competition and an unfair and deceptive act or practice.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to artificial INTELLIGENCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Artificial intelligence music artists

     §   -1  Definitions.  As used in this chapter:

     "Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers from inputs how to generate outputs, such as predictions, content, recommendations, or decisions, that influence real or virtual environments.

     "Artificial intelligence music artist" means a persona that is not a natural person, created through artificial intelligence, and marketed, distributed, or promoted as a musical performer or recording artist.

     "Music streaming platform" means a website, application, or other digital interface accessible to the public that offers a catalogue of music or other audio-based content.

     §   -2  Artificial intelligence music artists; streaming platforms; prohibited.  No music streaming platform shall host, distribute, or otherwise make available in the State music performed or attributed to an artificial intelligence music artist.

     §   -3  Rules; enforcement.  (a)  The department of the attorney general shall have exclusive authority to enforce this chapter and adopt rules pursuant to chapter 91 necessary to carry out the purposes of this chapter.

     (b)  Any violation of this chapter shall constitute unfair methods of competition and unfair and deceptive acts or practices in the conduct of any trade or commerce under section 480-2."

PART II

     SECTION 2.  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 2026-2027 for the department of agriculture to use artificial intelligence to support the agricultural industry.

     The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.

PART III

     SECTION 3.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

ARTIFICIAL INTELLIGENCE disclosures

     §   -1  Definitions.  As used in this chapter:

     "Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers from inputs how to generate outputs, such as predictions, content, recommendations, or decisions, that influence real or virtual environments.

     "Tangible product" means anything created with the use of artificial intelligence.  "Tangible product" includes audio and audio visual.

     §   -2  Artificial intelligence; tangible products; prohibition; disclosures.  No person, business, company, or other entity shall produce, circulate, publish, distribute, communicate, or otherwise make available in the State any tangible product that is created with the use of artificial intelligence unless the tangible product includes a clear and conspicuous disclosure that artificial intelligence was used to create the tangible product.

     §   -3  Rules; enforcement.  (a)  The department of the attorney general shall have exclusive authority to enforce this chapter and adopt rules pursuant to chapter 91 necessary to carry out the purposes of this chapter.

     (b)  Any violation of this chapter shall constitute unfair methods of competition and unfair and deceptive acts or practices in the conduct of any trade or commerce under section 480-2."

PART IV

     SECTION 4.  This Act shall take effect on July 1, 2026.

Report Title:

Artificial Intelligence; Music Streaming Platforms; Music Artists; Tangible Products; Prohibitions; Disclosure; Unfair Competition; UDAP; Department of the Attorney General; Department of Agriculture; Appropriation

Description:

Part I:  Prohibits music streaming platforms from hosting, distributing, or otherwise making available in the State music performed or attributed to an artificial intelligence music artist.  Makes violations an unfair method of competition and an unfair and deceptive act or practice.  Part II:  Appropriates funds to the Department of Agriculture to use artificial intelligence to support the agricultural industry.  Part III:  Prohibits producing, circulating, publishing, distributing, communicating, or making available in the State tangible products created with the use of artificial intelligence without a disclosure that artificial intelligence was used to create the tangible product.  Makes violations an unfair method of competition and an unfair and deceptive act or practice.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  148-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2357

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Economic Development & Technology, to which was referred H.B. No. 2357 entitled:

"A BILL FOR AN ACT RELATING TO ARTIFICIAL INTELLIGENCE,"

begs leave to report as follows:

     The purpose of this measure is to regulate the use of artificial intelligence across several sectors by:

     (1)  Prohibiting music streaming platforms from hosting or distributing music performed or attributed to artificial intelligence music artists;

     (2)  Appropriating funds to the Department of Agriculture to use artificial intelligence to support the agricultural industry; and

     (3)  Requiring clear disclosures when tangible products are created with the use of artificial intelligence and making violations an unfair method of competition and an unfair or deceptive act or practice.

     Your Committee received testimony in support of this measure from two individuals.  Your Committee received testimony in opposition to this measure from the Chamber of Progress.  Your Committee received comments on this measure from the Department of the Attorney General and Department of Business, Economic Development, and Tourism.

     Your Committee finds that artificial intelligence technologies have rapidly expanded in capability and commercial use, raising concerns about consumer protection, transparency, and the displacement or misrepresentation of human creative work.  Your Committee further finds that it is important to protect human artists' creative output, and the regulation proposed by this measure is one avenue by which to do so.

     Your Committee has amended this measure by:

     (1)  Removing the appropriation;

     (2)  Removing the provisions requiring disclosures for tangible products created with the use of artificial intelligence;

     (3)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Economic Development & Technology that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2357, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2357, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Economic Development & Technology,