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Bill

SB 5838

Establishing an artificial intelligence task force.

2023-2024 Regular Session Introduced by Steve Conway and 18 co-sponsors

Creates a Washington state AI Task Force to study AI use, assess risks, and issue guidelines and potential laws to protect privacy, civil rights, and IP while guiding innovation.

Effective date 3/18/2024.
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Bill Summary · SB 5838

Summary — SB 5838: Establishing an artificial intelligence task force

Status: Chapter 163, 2024 Laws — Governor signed 3/18/2024; effective immediately (emergency clause).
Introduced: Prefiled 12/12/2023. Passed Legislature: House (2/29/24), Senate concurrence (3/4/24).

Purpose / intent

SB 5838 creates a state-level, multi-stakeholder task force to assess current uses and trends in artificial intelligence (AI) — including generative AI — and to recommend guidelines and potential legislation to protect Washington residents’ safety, privacy, civil rights, and intellectual property while supporting innovation.

Key provisions

  • Establishes an AI task force, subject to appropriations, administered and staffed by the Office of the Attorney General (AGO). The AGO may retain consultants and work with the Office of the Chief Information Officer as needed.
  • Membership:
    • Legislative appointees: one member from each of the two largest caucuses in the Senate (president of the senate appoints) and the House (speaker appoints).
    • Attorney General appointees: a designated set of executive/sector representatives (as finalized in the engrossed version) including — at minimum — representatives from the governor’s office, AGO, Washington Technology Solutions, state auditor, universities/research institutions (AI/algorithm experts), private technology industry/business associations, community advocacy organizations for groups disproportionately vulnerable to algorithmic bias, statewide labor, public safety (law enforcement), retail and hospitality sectors, LGBTQ+ community, and others.
    • Executive committee authority to convene subcommittees with industry participants, subject matter experts, federally recognized tribe representatives, and other stakeholders.
    • Subcommittees must include at least one member with relevant industry expertise and at least one member from an advocacy organization representing communities disproportionately vulnerable to algorithmic harm.
    • Task force may compensate members whose participation would otherwise be hampered by financial hardship (e.g., low-income or lived-experience participants).
  • Scope and deliverables:
    • Examine development and use of AI by public and private entities.
    • Produce findings and recommendations covering a broad set of topics, including:
    • Literature review of benefits/risks, racial equity, workforce and ethical issues.
    • Review of existing state and federal legal protections (privacy, civil rights, IP) and intergovernmental alignment.
    • Recommended guiding principles for AI use.
    • Identification of high‑risk AI uses and proposals to mitigate harms.
    • Recommendations on appropriate uses/limits for AI in state/local government and private sector.
    • Public education strategies, procurement/guidance for public sector use, and recommendations related to training data and data practices.
  • Transparency and operations:
    • First task force meeting must occur within 45 days of final appointments; thereafter the executive committee must meet at least twice per year.
    • Meeting summaries and subcommittee reports must be posted on the AGO website within 30 days of delivery.
    • The AGO may convene subcommittees with defined topical scopes (education/workforce, public safety and ethics, health care/accessibility, labor, cybersecurity, consumer protection/privacy, industry/innovation, etc.).

Definitions

The bill establishes statutory definitions for key terms such as “artificial intelligence,” “generative artificial intelligence,” “machine learning,” and (in amended versions) “training data.”

Who is affected / potential impact

  • State government: guidelines and possible future statutory or regulatory changes affecting procurement, use, and oversight of AI tools used by agencies.
  • Private sector and technology companies: likely to be the focus of study and may be subject to future recommendations on permissible uses, transparency, data practices, and accountability mechanisms.
  • Vulnerable and historically excluded communities: the task force must specifically consider racial equity and algorithmic bias and include representation from advocacy organizations.
  • General public: recommendations will address consumer protections, privacy, civil liberties, workforce impacts, and public education.

Timeline / procedural items

  • First meeting: within 45 days of final appointments. Minimum of two executive committee meetings per year.
  • Report deadlines (as adopted in House amendments and committee reports):
    • Preliminary report to Governor and Legislature by December 31, 2024.
    • Interim report by December 1, 2025.
    • Final report by July 1, 2026.
  • Effective date: immediate upon signing (3/18/2024) due to emergency clause.

Notes

  • The task force is subject to available funding (requires appropriation for implementation and consultant support).
  • The bill aims to balance protecting rights and public safety with promoting innovation and Washington’s role in AI development.

Compiled from official sources — confirm details with the bill’s official record.

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