5 New Proposals to Regulate AI in Washington State
Washington state lawmakers are taking significant steps to regulate artificial intelligence (AI), introducing a series of bills aimed at addressing issues of discrimination, AI usage in schools, and imposing new obligations on companies developing emotionally responsive AI products. This legislative effort comes as Congress continues to debate AI oversight with minimal action, leaving states like Washington to create their own regulations.
Key Focus Areas
The proposed bills concentrate on critical areas, including:
- Children
- Mental Health
- High-Stakes Decisions such as hiring, housing, and lending
These proposals are particularly relevant for HR software vendors, ed-tech companies, mental health startups, and generative AI platforms operating in Washington.
Proposed Bills Overview
Here’s a look at five AI-related bills that have been pre-filed before the official start of the legislative session:
HB 2157
This comprehensive bill aims to regulate high-risk AI systems that significantly influence decisions regarding employment, housing, credit, healthcare, education, insurance, and parole. Key requirements include:
- Assessment and mitigation of discrimination risks
- Disclosure of AI interaction to users
- Explanation of how AI contributes to adverse decisions
The bill exempts low-risk tools such as spam filters and basic customer-service chatbots, but could impact a wide array of tech companies, with an effective date of January 1, 2027.
SB 5984
Requested by Governor Bob Ferguson, this bill focuses on AI companion chatbots. It mandates:
- Repeated disclosures that an AI chatbot is not human
- Prohibition of sexually explicit content for minors
- Implementation of suicide-prevention protocols
Violations would fall under Washington’s Consumer Protection Act. The bill addresses concerns about emotional dependency and harmful ideation among minors interacting with AI.
SB 5870
This bill proposes civil liability for companies if an AI system is linked to a person’s suicide. Key points include:
- Potential lawsuits if AI encourages self-harm or fails to direct users to crisis resources
- Exclusion of defenses claiming harm was solely due to autonomous AI behavior
This measure aims to strengthen accountability in the design and operation of AI systems.
SB 5956
Targeting K-12 schools, this bill bans predictive “risk scores” that label students as potential troublemakers and prohibits real-time biometric surveillance like facial recognition. It emphasizes:
- Human judgment in disciplinary decisions
- Prohibition of AI as the sole basis for suspensions or expulsions
This proposal seeks to address concerns regarding fairness and equity in student discipline.
SB 5886
This proposal updates Washington’s right-of-publicity law to cover AI-generated forgeries, including convincing voice clones and synthetic images. Key aspects include:
- Liability for using someone’s AI-generated likeness for commercial purposes without consent
- Reinforcement of identity protections in the AI era
This legislation underscores the importance of protecting individuals’ identities amidst evolving technological capabilities.
As Washington state takes these steps forward, the implications of these regulations could serve as a model for other states grappling with the rapid advancement of AI technology.
