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.
(4)(b) The use of technology, except as provided in section 5 of this act;
This section amends the management-rights provision applicable to institutions of higher education under chapter 41.56 RCW. Previously, the use of technology was an unqualified management right excluded from collective bargaining. The amendment carves out AI technology by adding the clause "except as provided in section 5 of this act," making the decision to adopt or modify AI technology a mandatory subject of bargaining when it affects wages or performance evaluations. The section also reorganizes the enumerated management-rights list into lettered subsections without changing the substance of the other management-rights exclusions.
(2)(a)–(b) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, translation, decision making, and content generation.RCW 41.80.005(2)(a)" means the use of machine learningMachine learning"Machine learning" means the process by which artificial intelligence is developed using data and algorithms to draw inferences thereupon to automatically adapt or improve its accuracy without explicit programming.RCW 41.80.005(2)(b) and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, translation, decision making, and content generation. (b) For purposes of this subsection, "machine learningMachine learning"Machine learning" means the process by which artificial intelligence is developed using data and algorithms to draw inferences thereupon to automatically adapt or improve its accuracy without explicit programming.RCW 41.80.005(2)(b)" means the process by which artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, translation, decision making, and content generation.RCW 41.80.005(2)(a) is developed using data and algorithms to draw inferences thereupon to automatically adapt or improve its accuracy without explicit programming.
This section amends the definitions section of chapter 41.80 RCW to add a new definition of artificial intelligence that encompasses machine learning and related technologies used to train statistical models enabling computer systems to perform tasks associated with human intelligence. The definition is cross-referenced by both new bargaining sections (Sec. 5 and Sec. 6). No compliance obligation is imposed by the definitions section itself.
(2) The use of technology, except as provided in section 6 of this act;
This section mirrors the amendment in Section 1 but applies to state civil service employees under chapter 41.80 RCW. It carves out the use of AI technology from the general management-rights exclusion by adding "except as provided in section 6 of this act," so that the decision to adopt or modify AI technology is a mandatory subject of collective bargaining when it affects wages or performance evaluations.
(1)(b)(vii) Employees in positions excluded under RCW 41.80.005(7).
This section makes a conforming amendment to the Washington Management Service collective bargaining provision, updating a cross-reference from RCW 41.80.005(6) to RCW 41.80.005(7) to account for the new definition of artificial intelligence inserted earlier in the definitions section. No new substantive obligation is created.
(1) 1 An employer shall bargain over the decision to adopt artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, translation, decision making, and content generation.RCW 41.80.005(2)(a) technology or modify the current uses of artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, translation, decision making, and content generation.RCW 41.80.005(2)(a) technology if the adoption or modification affects employees' wages or performance evaluations. An employer is not required to bargain over the implementation or modification of artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, translation, decision making, and content generation.RCW 41.80.005(2)(a) technology if the implementation or modification is part of an update made by a third partyThird party"Third party" means an individual or entity that provides services such as technology services, digital services, equipment, or software, but does not have an employment or a coemployment relationship with the employer.Sec. 5(2)(ii) / Sec. 6(2) to technology already in use by employees and does not meaningfully impact employee's wages or performance evaluations.
(2) For the purposes of this section: (i) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, translation, decision making, and content generation.RCW 41.80.005(2)(a)" has the same meaning as defined in RCW 41.80.005; (ii) "Third partyThird party"Third party" means an individual or entity that provides services such as technology services, digital services, equipment, or software, but does not have an employment or a coemployment relationship with the employer.Sec. 5(2)(ii) / Sec. 6(2)" means an individual or entity that provides services such as technology services, digital services, equipment, or software, but does not have an employment or a coemployment relationship with the employer.
This is one of the bill's two operative provisions. It requires employers of higher-education employees covered by chapter 41.56 RCW to bargain over the decision to adopt artificial intelligence technology or modify current AI uses whenever the adoption or modification affects employees' wages or performance evaluations. A narrow carve-out excuses bargaining when a third-party vendor pushes a routine update to technology already in use and the update does not meaningfully impact wages or performance evaluations. The section cross-references the chapter 41.80 definition of artificial intelligence and provides its own definition of third party.
(1) 2 An employer shall bargain over the decision to adopt artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, translation, decision making, and content generation.RCW 41.80.005(2)(a) technology or modify the current uses of artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, translation, decision making, and content generation.RCW 41.80.005(2)(a) technology if the adoption or modification affects employees' wages or performance evaluations. An employer is not required to bargain over the implementation or modification of artificial intelligenceArtificial intelligence"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, translation, decision making, and content generation.RCW 41.80.005(2)(a) technology if the implementation or modification is part of an update made by a third partyThird party"Third party" means an individual or entity that provides services such as technology services, digital services, equipment, or software, but does not have an employment or a coemployment relationship with the employer.Sec. 5(2)(ii) / Sec. 6(2) to technology already in use by employees and does not meaningfully impact employee's wages or performance evaluations.
(2) For the purposes of this section, "third partyThird party"Third party" means an individual or entity that provides services such as technology services, digital services, equipment, or software, but does not have an employment or a coemployment relationship with the employer.Sec. 5(2)(ii) / Sec. 6(2)" means an individual or entity that provides services such as technology services, digital services, equipment, or software, but does not have an employment or a coemployment relationship with the employer.
This is the parallel operative provision for state civil service employees under chapter 41.80 RCW. It imposes the identical mandatory bargaining obligation as Section 5: employers must bargain over the decision to adopt or modify AI technology when it affects employees' wages or performance evaluations, with the same third-party update exception.
Contracts in effect prior to the effective date of this section remain unaffected by sections 5 and 6 of this act until the contract expires or is renewed or reopened.
This savings clause provides that collective bargaining agreements in effect prior to the effective date of the act remain unaffected by the new AI bargaining requirements until they expire or are renewed or reopened. This ensures that existing contracts are not disrupted mid-term.
If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2025, in the omnibus appropriations act, this act is null and void.
This section makes the entire act contingent on the legislature providing specific funding referencing this act by bill or chapter number in the omnibus appropriations act by June 30, 2025. If funding is not provided, the act is null and void.