WHAT THIS BILL REGULATES · 3 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.
(1)–(10) "Algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under RCW 49.60.010.Sec. 1(1)" means the condition in which an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sexSex"Sex" includes pregnancy, childbirth, and related conditions, gender identity, intersex status, and sexual orientation.Sec. 1(9), marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under RCW 49.60.010. (2) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment.Sec. 1(2)" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment. (3) "Automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3)" means a system or service that uses artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment.Sec. 1(2) and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisionsConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on a natural person's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (a) Employment, workers management, or self-employment including, but not limited to: (i) Pay or promotion; (ii) Hiring or termination; and (iii) Automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment; (b) Education and vocational training including, but not limited to: (i) Assessment including, but not limited to, detecting student cheating or plagiarism; (ii) Accreditation; (iii) Certification; (iv) Admissions; and (v) Financial aid or scholarships; (c) Housing or lodging, including rental or short-term housing or lodging; (d) Essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation; (e) Family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (f) Health care or health insurance, including mental health care, dental, or vision; (g) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (h) The criminal justice system including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole; (i) Legal services, including private arbitration or mediation; (j) Voting; and (k) Access to benefits or services or assignment of penalties.Sec. 1(4). (4) "Consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on a natural person's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (a) Employment, workers management, or self-employment including, but not limited to: (i) Pay or promotion; (ii) Hiring or termination; and (iii) Automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment; (b) Education and vocational training including, but not limited to: (i) Assessment including, but not limited to, detecting student cheating or plagiarism; (ii) Accreditation; (iii) Certification; (iv) Admissions; and (v) Financial aid or scholarships; (c) Housing or lodging, including rental or short-term housing or lodging; (d) Essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation; (e) Family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (f) Health care or health insurance, including mental health care, dental, or vision; (g) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (h) The criminal justice system including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole; (i) Legal services, including private arbitration or mediation; (j) Voting; and (k) Access to benefits or services or assignment of penalties.Sec. 1(4)" means a decision or judgment that has a legal, material, or similarly significant effect on a natural person's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (a) Employment, workers management, or self-employment including, but not limited to: (i) Pay or promotion; (ii) Hiring or termination; and (iii) Automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment; (b) Education and vocational training including, but not limited to: (i) Assessment including, but not limited to, detecting student cheating or plagiarism; (ii) Accreditation; (iii) Certification; (iv) Admissions; and (v) Financial aid or scholarships; (c) Housing or lodging, including rental or short-term housing or lodging; (d) Essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation; (e) Family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (f) Health care or health insurance, including mental health care, dental, or vision; (g) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (h) The criminal justice system including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole; (i) Legal services, including private arbitration or mediation; (j) Voting; and (k) Access to benefits or services or assignment of penalties. (5) "DeployerDeployer"Deployer" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision.Sec. 1(5)" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) to make a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on a natural person's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (a) Employment, workers management, or self-employment including, but not limited to: (i) Pay or promotion; (ii) Hiring or termination; and (iii) Automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment; (b) Education and vocational training including, but not limited to: (i) Assessment including, but not limited to, detecting student cheating or plagiarism; (ii) Accreditation; (iii) Certification; (iv) Admissions; and (v) Financial aid or scholarships; (c) Housing or lodging, including rental or short-term housing or lodging; (d) Essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation; (e) Family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (f) Health care or health insurance, including mental health care, dental, or vision; (g) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (h) The criminal justice system including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole; (i) Legal services, including private arbitration or mediation; (j) Voting; and (k) Access to benefits or services or assignment of penalties.Sec. 1(4). (6) "DeveloperDeveloper"Developer" means a natural person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer.Sec. 1(6)" means a natural person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3), or substantially modifies an artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment.Sec. 1(2) system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisionsConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on a natural person's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (a) Employment, workers management, or self-employment including, but not limited to: (i) Pay or promotion; (ii) Hiring or termination; and (iii) Automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment; (b) Education and vocational training including, but not limited to: (i) Assessment including, but not limited to, detecting student cheating or plagiarism; (ii) Accreditation; (iii) Certification; (iv) Admissions; and (v) Financial aid or scholarships; (c) Housing or lodging, including rental or short-term housing or lodging; (d) Essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation; (e) Family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (f) Health care or health insurance, including mental health care, dental, or vision; (g) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (h) The criminal justice system including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole; (i) Legal services, including private arbitration or mediation; (j) Voting; and (k) Access to benefits or services or assignment of penalties.Sec. 1(4), whether for its own use or for use by the deployerDeployer"Deployer" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision.Sec. 1(5). (7) "Ethical artificial intelligenceEthical artificial intelligence"Ethical artificial intelligence" means automated decision tools that are developed and deployed with reasonable efforts by the developer and the deployer to: (a) Minimize unlawful discriminatory or biased outputs or applications; (b) Ensure that automated decision tools are being operated reliably, safely, and consistently; (c) Protect the data of natural persons by incorporating robust privacy and data security measures; (d) Prioritize transparency so that the behavior and functional components of automated decision tools can be understood in order to enable the identification of performance issues, safety and privacy concerns, biases, exclusionary practices, and unintended outcomes; and (e) Promote individual rights and minimize reasonably foreseeable harm to natural persons resulting from use of the automated decision tool.Sec. 1(7)" means automated decision toolsAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) that are developed and deployed with reasonable efforts by the developerDeveloper"Developer" means a natural person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer.Sec. 1(6) and the deployerDeployer"Deployer" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision.Sec. 1(5) to: (a) Minimize unlawful discriminatory or biased outputs or applications; (b) Ensure that automated decision toolsAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) are being operated reliably, safely, and consistently; (c) Protect the data of natural persons by incorporating robust privacy and data security measures; (d) Prioritize transparency so that the behavior and functional components of automated decision toolsAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) can be understood in order to enable the identification of performance issues, safety and privacy concerns, biases, exclusionary practices, and unintended outcomes; and (e) Promote individual rights and minimize reasonably foreseeable harm to natural persons resulting from use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3). (8) "Impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of this chapter.Sec. 1(8)" means a documented risk-based evaluation of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) that meets the criteria of this chapter. (9) "SexSex"Sex" includes pregnancy, childbirth, and related conditions, gender identity, intersex status, and sexual orientation.Sec. 1(9)" includes pregnancy, childbirth, and related conditions, gender identity, intersex status, and sexual orientation. (10) "Significant updateSignificant update"Significant update" means a new version, new release, or other update to an automated decision tool that materially changes its principal use, principal intended use, or expected outcome.Sec. 1(10)" means a new version, new release, or other update to an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) that materially changes its principal use, principal intended use, or expected outcome.
Section 1 establishes the defined terms used throughout the chapter. Key definitions include automated decision tool (an AI system specifically developed or modified to make or control consequential decisions), consequential decision (covering eleven domain categories from employment and education to voting and benefits access), deployer (including government agencies), developer, and algorithmic discrimination (incorporating all protected classes under Washington's existing anti-discrimination law, RCW 49.60.010).
Notably, the definition of ethical artificial intelligence sets out aspirational principles — minimizing discrimination, ensuring reliability, protecting data, prioritizing transparency, and promoting individual rights — that are referenced as a standard in the impact-assessment requirements of Section 2.
(1)(a)–(h) 1 By January 1, 2025, and annually thereafter, a deployer of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) must complete and document an impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of this chapter.Sec. 1(8) for any automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) the deployerDeployer"Deployer" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision.Sec. 1(5) uses that includes all of the following: (a) A statement of the purpose of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) and its intended benefits, uses, and deployment contexts; (b) A description of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3)'s outputs and how they are used to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on a natural person's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (a) Employment, workers management, or self-employment including, but not limited to: (i) Pay or promotion; (ii) Hiring or termination; and (iii) Automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment; (b) Education and vocational training including, but not limited to: (i) Assessment including, but not limited to, detecting student cheating or plagiarism; (ii) Accreditation; (iii) Certification; (iv) Admissions; and (v) Financial aid or scholarships; (c) Housing or lodging, including rental or short-term housing or lodging; (d) Essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation; (e) Family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (f) Health care or health insurance, including mental health care, dental, or vision; (g) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (h) The criminal justice system including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole; (i) Legal services, including private arbitration or mediation; (j) Voting; and (k) Access to benefits or services or assignment of penalties.Sec. 1(4); (c) A summary of the types of data collected from natural persons and processed by the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) when it is used to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on a natural person's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (a) Employment, workers management, or self-employment including, but not limited to: (i) Pay or promotion; (ii) Hiring or termination; and (iii) Automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment; (b) Education and vocational training including, but not limited to: (i) Assessment including, but not limited to, detecting student cheating or plagiarism; (ii) Accreditation; (iii) Certification; (iv) Admissions; and (v) Financial aid or scholarships; (c) Housing or lodging, including rental or short-term housing or lodging; (d) Essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation; (e) Family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (f) Health care or health insurance, including mental health care, dental, or vision; (g) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (h) The criminal justice system including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole; (i) Legal services, including private arbitration or mediation; (j) Voting; and (k) Access to benefits or services or assignment of penalties.Sec. 1(4); (d) A statement of the extent to which the deployerDeployer"Deployer" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision.Sec. 1(5)'s use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) is consistent with or varies from the statement required of the developerDeveloper"Developer" means a natural person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer.Sec. 1(6) by section 3 of this act; (e) An assessment of the reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under RCW 49.60.010.Sec. 1(1) arising from the use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) known to the deployerDeployer"Deployer" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision.Sec. 1(5) at the time of the impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of this chapter.Sec. 1(8); (f) A description of the safeguards implemented, or that will be implemented, by the deployerDeployer"Deployer" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision.Sec. 1(5) to align use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) with principles of ethical artificial intelligenceEthical artificial intelligence"Ethical artificial intelligence" means automated decision tools that are developed and deployed with reasonable efforts by the developer and the deployer to: (a) Minimize unlawful discriminatory or biased outputs or applications; (b) Ensure that automated decision tools are being operated reliably, safely, and consistently; (c) Protect the data of natural persons by incorporating robust privacy and data security measures; (d) Prioritize transparency so that the behavior and functional components of automated decision tools can be understood in order to enable the identification of performance issues, safety and privacy concerns, biases, exclusionary practices, and unintended outcomes; and (e) Promote individual rights and minimize reasonably foreseeable harm to natural persons resulting from use of the automated decision tool.Sec. 1(7) and to address any reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under RCW 49.60.010.Sec. 1(1) arising from the use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3); (g) A description of how the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) will be used by a natural person, or monitored when it is used, to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on a natural person's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (a) Employment, workers management, or self-employment including, but not limited to: (i) Pay or promotion; (ii) Hiring or termination; and (iii) Automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment; (b) Education and vocational training including, but not limited to: (i) Assessment including, but not limited to, detecting student cheating or plagiarism; (ii) Accreditation; (iii) Certification; (iv) Admissions; and (v) Financial aid or scholarships; (c) Housing or lodging, including rental or short-term housing or lodging; (d) Essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation; (e) Family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (f) Health care or health insurance, including mental health care, dental, or vision; (g) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (h) The criminal justice system including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole; (i) Legal services, including private arbitration or mediation; (j) Voting; and (k) Access to benefits or services or assignment of penalties.Sec. 1(4); and (h) A description of how the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) has been or will be evaluated for validity or relevance.
(2)(a)–(f) 2 By January 1, 2025, and annually thereafter, a developer of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) must complete and document an impact assessment of any automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) that it designs, codes, or produces that includes all of the following: (a) A statement of the purpose of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) and its intended benefits, uses, and deployment contexts; (b) A description of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3)'s outputs and how they are used, as intended, to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on a natural person's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (a) Employment, workers management, or self-employment including, but not limited to: (i) Pay or promotion; (ii) Hiring or termination; and (iii) Automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment; (b) Education and vocational training including, but not limited to: (i) Assessment including, but not limited to, detecting student cheating or plagiarism; (ii) Accreditation; (iii) Certification; (iv) Admissions; and (v) Financial aid or scholarships; (c) Housing or lodging, including rental or short-term housing or lodging; (d) Essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation; (e) Family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (f) Health care or health insurance, including mental health care, dental, or vision; (g) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (h) The criminal justice system including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole; (i) Legal services, including private arbitration or mediation; (j) Voting; and (k) Access to benefits or services or assignment of penalties.Sec. 1(4); (c) A summary of the types of data collected from natural persons and processed by the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) when it is used to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on a natural person's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (a) Employment, workers management, or self-employment including, but not limited to: (i) Pay or promotion; (ii) Hiring or termination; and (iii) Automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment; (b) Education and vocational training including, but not limited to: (i) Assessment including, but not limited to, detecting student cheating or plagiarism; (ii) Accreditation; (iii) Certification; (iv) Admissions; and (v) Financial aid or scholarships; (c) Housing or lodging, including rental or short-term housing or lodging; (d) Essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation; (e) Family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (f) Health care or health insurance, including mental health care, dental, or vision; (g) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (h) The criminal justice system including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole; (i) Legal services, including private arbitration or mediation; (j) Voting; and (k) Access to benefits or services or assignment of penalties.Sec. 1(4); (d) An assessment of the reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under RCW 49.60.010.Sec. 1(1) arising from the intended use or foreseeable misuse of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3); (e) A description of the measures taken by the developerDeveloper"Developer" means a natural person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer.Sec. 1(6) to incorporate principles of ethical artificial intelligenceEthical artificial intelligence"Ethical artificial intelligence" means automated decision tools that are developed and deployed with reasonable efforts by the developer and the deployer to: (a) Minimize unlawful discriminatory or biased outputs or applications; (b) Ensure that automated decision tools are being operated reliably, safely, and consistently; (c) Protect the data of natural persons by incorporating robust privacy and data security measures; (d) Prioritize transparency so that the behavior and functional components of automated decision tools can be understood in order to enable the identification of performance issues, safety and privacy concerns, biases, exclusionary practices, and unintended outcomes; and (e) Promote individual rights and minimize reasonably foreseeable harm to natural persons resulting from use of the automated decision tool.Sec. 1(7) and to mitigate the risk known to the developerDeveloper"Developer" means a natural person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer.Sec. 1(6) of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under RCW 49.60.010.Sec. 1(1) arising from the use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3); and (f) A description of how the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) is intended to be used by a natural person, or monitored when it is used, to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on a natural person's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (a) Employment, workers management, or self-employment including, but not limited to: (i) Pay or promotion; (ii) Hiring or termination; and (iii) Automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment; (b) Education and vocational training including, but not limited to: (i) Assessment including, but not limited to, detecting student cheating or plagiarism; (ii) Accreditation; (iii) Certification; (iv) Admissions; and (v) Financial aid or scholarships; (c) Housing or lodging, including rental or short-term housing or lodging; (d) Essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation; (e) Family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (f) Health care or health insurance, including mental health care, dental, or vision; (g) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (h) The criminal justice system including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole; (i) Legal services, including private arbitration or mediation; (j) Voting; and (k) Access to benefits or services or assignment of penalties.Sec. 1(4).
(3) 3 A deployerDeployer"Deployer" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision.Sec. 1(5) or developerDeveloper"Developer" means a natural person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer.Sec. 1(6) must, in addition to the impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of this chapter.Sec. 1(8) required by subsections (1) and (2) of this section, perform, as soon as feasible, an impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of this chapter.Sec. 1(8) with respect to any significant updateSignificant update"Significant update" means a new version, new release, or other update to an automated decision tool that materially changes its principal use, principal intended use, or expected outcome.Sec. 1(10).
(4)–(5) 4 Upon the request of the office of the attorney general, a developerDeveloper"Developer" means a natural person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer.Sec. 1(6) or deployerDeployer"Deployer" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision.Sec. 1(5) must provide any impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of this chapter.Sec. 1(8) that it performed pursuant to this section to the office of the attorney general. (5) Impact assessmentsImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of this chapter.Sec. 1(8) provided pursuant to subsection (4) of this section are confidential and exempt from disclosure under chapter 42.56 RCW.
(6) This section does not apply to a deployerDeployer"Deployer" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision.Sec. 1(5) with fewer than 50 employees.
Section 2 establishes the bill's central compliance obligation: annual impact assessments. Both deployers and developers must complete and document impact assessments by January 1, 2025, and annually thereafter. The deployer assessment (subsection (1)) and developer assessment (subsection (2)) share a similar structure — covering purpose, outputs, data types, discrimination risk, safeguards, and human oversight — but the deployer version additionally requires a statement comparing actual use against the developer's intended-use statement from Section 3.
Subsection (3) requires an additional impact assessment for any significant update to an automated decision tool, to be completed as soon as feasible. Subsection (4) requires both deployers and developers to produce impact assessments to the attorney general upon request, with subsection (5) classifying those submissions as confidential and exempt from public disclosure. Deployers with fewer than 50 employees are exempt under subsection (6).
(1)–(3) 5 A developerDeveloper"Developer" means a natural person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer.Sec. 1(6) must provide a deployerDeployer"Deployer" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision.Sec. 1(5) with a statement regarding the intended uses of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) and documentation regarding all of the following: (1) The known limitations of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3), including any reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under RCW 49.60.010.Sec. 1(1) arising from its intended use; (2) A description of the types of data used to program or train the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3); and (3) A description of how the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) was evaluated for validity and the ability to be explained before sale or licensing.
Section 3 requires developers to furnish deployers with documentation covering the automated decision tool's intended uses, known limitations (including foreseeable algorithmic discrimination risks), training data types, and pre-sale validation and explainability evaluation. This documentation obligation runs from developer to deployer — it is not a public disclosure requirement. The deployer's impact assessment under Section 2 must compare actual use against this developer-provided statement.
(1)–(2) 6 A developerDeveloper"Developer" means a natural person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer.Sec. 1(6) must make publicly available, in a readily accessible manner, a clear policy that provides a summary of both of the following: (1) The types of automated decision toolsAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) currently made available to others by the developerDeveloper"Developer" means a natural person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer.Sec. 1(6); and (2) How the developerDeveloper"Developer" means a natural person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer.Sec. 1(6) manages the reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under RCW 49.60.010.Sec. 1(1) that may arise from the use of the automated decision toolsAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) it currently makes available to others.
Section 4 imposes a public transparency obligation on developers: they must publish a clear, readily accessible policy summarizing the types of automated decision tools they currently make available to others and how they manage the foreseeable risks of algorithmic discrimination from those tools. This is a standalone public-facing disclosure requirement distinct from the deployer-facing documentation in Section 3 and the confidential impact assessments in Section 2.
(1)(a)–(b) The attorney general may bring an action in the name of the state, or as parens patriae on behalf of persons residing in the state, to enforce this chapter. For actions brought by the attorney general to enforce this chapter, a violation of this chapter is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW. An action to enforce this chapter may not be brought under RCW 19.86.090. (b) The office of the attorney general, before commencing an action under the consumer protection act, chapter 19.86 RCW, must provide 45 days' written notice to a deployerDeployer"Deployer" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision.Sec. 1(5) or developer of the alleged violation of this chapter and provide the deployerDeployer"Deployer" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision.Sec. 1(5) or developerDeveloper"Developer" means a natural person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer.Sec. 1(6) with an opportunity to cure the alleged violation. The developerDeveloper"Developer" means a natural person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer.Sec. 1(6) or deployerDeployer"Deployer" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision.Sec. 1(5) may cure the noticed violation within 45 days of receiving the written notice.
(2) Nothing in this chapter shall be construed to limit or otherwise affect the obligations of developersDeveloper"Developer" means a natural person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer.Sec. 1(6) and deployersDeployer"Deployer" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision.Sec. 1(5) under applicable laws, rules, or regulations relating to data privacy or security.
Section 5 establishes the enforcement framework for the impact-assessment and disclosure obligations in Sections 2–4. The attorney general may bring an action in the name of the state or as parens patriae; violations are treated as unfair or deceptive acts under the Consumer Protection Act (RCW 19.86). Importantly, the bill expressly bars private enforcement under RCW 19.86.090. A 45-day written notice and cure period is required before the attorney general may commence action. Subsection (2) is a savings clause preserving existing data privacy and security obligations.
(1) 7 A deployerDeployer"Deployer" means a natural person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision.Sec. 1(5) may not use an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Sec. 1(3) that results in algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under RCW 49.60.010.Sec. 1(1).
(2) 7 A violation of this section constitutes an unfair practice under chapter 49.60 RCW, the law against discrimination. All rights and remedies under chapter 49.60 RCW, including the right to file a complaint with the human rights commission and to bring a civil action, apply.
Section 6 creates the bill's substantive anti-discrimination rule: deployers may not use an automated decision tool that results in algorithmic discrimination. Unlike the impact-assessment obligations enforced by the attorney general under the Consumer Protection Act, a violation of this prohibition is classified as an unfair practice under Chapter 49.60 RCW (Washington Law Against Discrimination), which provides broader enforcement — including the right to file a complaint with the Human Rights Commission and to bring a private civil action. This dual enforcement structure means that the procedural obligations (Sections 2–4) and the substantive prohibition (Section 6) have different enforcement pathways.
Sections 1 through 6 of this act constitute a new chapter in Title 19 RCW.
Section 7 is a codification provision directing that Sections 1 through 6 constitute a new chapter in Title 19 RCW (Business Regulations — Miscellaneous). This creates no new compliance obligation.