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Bill Analysis - HB 2644 Artificial Intelligence-Enabled Profiling (Washington, 2020)

Summary

A bill analysis from the Washington State House of Representatives Office of Program Research for the Innovation, Technology & Economic Development Committee, covering HB 2644 on artificial intelligence-enabled profiling. It lists Representatives Smith, Eslick, Santos, Pollet and Kloba as sponsors and a hearing date of 1/28/20. The summary of the bill states that equipment incorporating artificial intelligence-enabled profiling may not be operated or installed in any place of public resort, accommodation, assemblage, or amusement, and that violations are enforceable under the Consumer Protection Act with statutory damages of $1,000 for each negligent violation or $5,000 for each intentional or reckless violation. It gives the appropriation as none.

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“Bill Analysis - HB 2644 Artificial Intelligence-Enabled Profiling (Washington, 2020).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-01-29-a26392-d212481-bill-analysis-c2ddc1aea1/, SHA-256 be931bce201c352fd66a7391a4e344c04adb86edae84af35aa870ff71b4370af.

Full text

Washington State                   BILL
House of Representatives
Office of Program Research     ANALYSIS
Innovation, Technology & Economic
Development Committee
                                         HB 2644
Brief Description: Concerning artificial intelligence-enabled profiling.

Sponsors: Representatives Smith, Eslick, Santos, Pollet and Kloba.


                                      Brief Summary of Bill
      Ÿ Prohibits operation or installation of equipment that incorporates artificial
        intelligence-enabled profiling in any place of public accommodation.
      Ÿ Prohibits the use of artificial intelligence-enabled profiling to make decisions that
        produce legal effects or similarly significant effects.


Hearing Date: 1/28/20

Staff: Yelena Baker (786-7301).

Background:

Washington's Law Against Discrimination (WLAD) prohibits discrimination in places of public
accommodation based on race, creed, color, national origin, sex, honorably discharged veteran or
military status, sexual orientation, or the presence of any sensory, mental, or physical disability
or the use of a trained dog guide or service animal. Under the WLAD, public accommodations
are any place of public resort, accommodation, assemblage, or amusement. Public
accommodations generally include restaurants, hotels, stores, shopping malls, movie theaters,
concert halls, arenas, parks, fairs, arcades, libraries, schools, government offices, and hospitals.

Under the state's Consumer Protection Act (CPA), a variety of business practices are declared
unlawful. These practices include engaging in unfair methods of competition and unfair or
deceptive acts or practices in the conduct of commerce and monopolizing trade or commerce. A
person injured by a violation of the CPA may bring a private cause of action for injunctive relief
and the recovery of actual damages and reasonable attorneys' fees. In some circumstances,
––––––––––––––––––––––
    This analysis was prepared by non-partisan legislative staff for the use of legislative
    members in their deliberations. This analysis is not a part of the legislation nor does it
    constitute a statement of legislative intent.

House Bill Analysis                             -1-                                          HB 2644
recovery may also include triple damages. In addition, the CPA allows the Attorney General to
bring a CPA action in the name of the state or on behalf of persons residing in the state. An
action by the Attorney General may seek to prevent or restrain violations of the act and may seek
restoration for persons injured by violation of the CPA.

Summary of Bill:

Equipment that incorporates artificial intelligence-enabled profiling may not be operated or
installed in any place of public resort, accommodation, assemblage, or amusement, as defined in
Washington's Law Against Discrimination.

Artificial intelligence-enabled profiling may not be used to make decisions that produce legal
effects or similarly significant effects on consumers.

Violations are enforceable under the Consumer Protection Act and subject statutory damages of
$1,000 for each negligent violation or $5,000 for each intentional or reckless violation, as well as
injunctive relief and reasonable attorneys' fees and costs.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is
passed.




House Bill Analysis                             -2-                                         HB 2644

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