In a move to protect consumers and improve transparency, the Senate is considering adopting guidelines for government agencies who purchase or use automated decision systems.

Automated decision systems are software or other computer programs used by both public and private agencies to aid in the decision-making process. Public agencies may use such systems in courts to determine a defendant's risk of skipping bail, by law enforcement to decide where to set patrols, or even by human resource departments as they screen candidates for open positions.

SB 5116, sponsored by Sen. Bob Hasegawa (D–Seattle), will prohibit a public agency from developing, operating, using, or purchasing an automated decision system that may impact an individual. Moving forward, a public agency wishing to obtain or use an automated decision system will be required to complete an algorithmic accountability report. Additionally, public agencies already using automated decision systems will need to ensure that their current systems comply with the new law.

AWC opposes this bill due to:

• The impact on staff time to review current systems to ensure compliance;
• The potential for increased costs to cities as they develop or acquire systems in the future;
• The unfunded requirement to complete algorithmic accountability reports;
• The fact that a state agency will impose rules upon local governments, without any input from local governments; and
• The expansion of civil liability created in the legislation.

Is your city currently using an automated decision-making system? Please contact Sharon Swanson to provide your feedback on this bill.

Date to remember

SB 5116 is scheduled for public hearing in the Senate Ways & Means Committee on January 25 at 4 pm.