Key Takeaways:
- Washington state lawmakers are introducing a slate of bills to regulate artificial intelligence, focusing on issues such as discrimination, AI use in schools, and emotionally responsive AI products.
- The proposed bills aim to curb potential harm caused by AI systems, particularly with regards to children, mental health, and high-stakes decisions.
- The bills could affect various companies, including HR software vendors, ed-tech companies, mental health startups, and generative AI platforms operating in Washington.
- The proposals come as Congress continues to debate AI oversight, leaving states to experiment with their own regulatory measures.
- The bills address issues such as AI transparency, accountability, and potential liability for harm caused by AI systems.
Introduction to AI Regulation
The Washington state Legislature is taking a proactive approach to regulating artificial intelligence, with a focus on mitigating potential harm and ensuring accountability. As the use of AI becomes increasingly prevalent, lawmakers are recognizing the need for guardrails to prevent discriminatory practices, protect children, and promote transparency. According to the Washington state AI Task Force, the federal government’s "hands-off approach" to AI has created "a crucial regulatory gap that leaves Washingtonians vulnerable." As a result, the state is taking matters into its own hands, introducing a range of bills aimed at addressing these concerns.
HB 2157: Regulating High-Risk AI Systems
One of the proposed bills, HB 2157, seeks to regulate high-risk AI systems used to make or significantly influence decisions about employment, housing, credit, healthcare, education, insurance, and parole. Companies that develop or deploy these systems in Washington would be required to assess and mitigate discrimination risks, disclose when people are interacting with AI, and explain how AI contributed to adverse decisions. This bill aims to promote transparency and accountability, ensuring that consumers are aware when AI is being used to make decisions that affect their lives. As the bill’s sponsor notes, "consumers could also receive explanations for decisions influenced by AI," which would help to build trust in AI systems.
SB 5984: AI Companion Chatbots and Mental Health
Another bill, SB 5984, focuses on AI companion chatbots and their potential impact on mental health, particularly among minors. The bill would require repeated disclosures that an AI chatbot is not human, prohibit sexually explicit content for minors, and mandate suicide-prevention protocols. This bill recognizes the potential risks associated with AI-driven therapy or emotional support tools, which can blur the line between human and artificial interaction. Babak Parviz, CEO of NewDays, a Seattle-based mental health startup, notes that while the bill has good intentions, it may be challenging to enforce, as "building a long-term relationship is so vaguely defined here." Parviz emphasizes the importance of human supervision in AI systems that interact with people, particularly in critical applications such as mental health services.
SB 5870: Civil Liability for AI-Related Harm
A related bill, SB 5870, goes further by creating potential civil liability when an AI system is alleged to have contributed to a person’s suicide. Under this bill, companies could face lawsuits if their AI system encouraged self-harm, provided instructions, or failed to direct users to crisis resources. This bill explicitly links AI system design and operation to wrongful-death claims, recognizing the potential harm that can be caused by AI systems. As the bill’s sponsor notes, "companies could face lawsuits if their AI system encouraged self-harm, provided instructions, or failed to direct users to crisis resources," which would hold companies accountable for the potential harm caused by their AI systems.
SB 5956: AI Use in K-12 Schools
Another proposed bill, SB 5956, targets AI use in K-12 schools, banning predictive "risk scores" that label students as likely troublemakers and prohibiting real-time biometric surveillance such as facial recognition. This bill aims to prevent the misuse of AI in education, ensuring that students are not unfairly targeted or discriminated against. As educators and civil rights advocates have raised alarms about predictive tools that can amplify disparities in discipline, this bill seeks to promote fairness and equity in education. The bill’s sponsor notes that "schools would also be barred from using AI as the sole basis for suspensions, expulsions, or referrals to law enforcement," which would reinforce the importance of human judgment in discipline decisions.
SB 5886: AI-Generated Forged Digital Likenesses
Finally, SB 5886 updates Washington’s right-of-publicity law to explicitly cover AI-generated forged digital likenesses, including convincing voice clones and synthetic images. This bill recognizes the potential risks associated with AI-generated content, particularly with regards to identity theft and misappropriation. By reinforcing existing identity protections in the AI era, this bill aims to protect individuals from potential harm caused by AI-generated forged digital likenesses. As the bill’s sponsor notes, "using someone’s AI-generated likeness for commercial purposes without consent could expose companies to liability," which would hold companies accountable for their use of AI-generated content.
Conclusion
In conclusion, the proposed bills in Washington state demonstrate a proactive approach to regulating artificial intelligence, recognizing the potential risks and benefits associated with AI systems. By addressing issues such as discrimination, AI use in schools, and emotionally responsive AI products, these bills aim to promote transparency, accountability, and fairness in the use of AI. As Babak Parviz notes, "it’s essential to examine systems that interact with minors to make sure they don’t cause harm," and these bills take a crucial step towards ensuring that AI systems are designed and deployed in a responsible and ethical manner. With the federal government’s "hands-off approach" to AI, states like Washington are taking the lead in regulating AI, and these bills provide a model for other states to follow.
https://www.geekwire.com/2026/5-new-proposals-to-regulate-ai-in-washington-state-from-classrooms-to-digital-companions/
