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Appropriations committee reports AI‑bargaining bill after adopting narrower definition; members split on scope
Summary
Second substitute HB 16 22, which would require public employers to bargain over adoption or material modification of AI that affects wages or evaluations, was reported out 19–11–1 after the committee adopted a narrower definition of AI and rejected two other narrowing amendments.
The committee considered engrossed substitute House Bill 16 22, which would require public employers to bargain with employees before adopting or materially modifying artificial intelligence technology when that change materially influences wages or performance evaluations.
Staff outlined three key amendments. TANG 178 (Representative D’Oleo) updated the bill’s AI definition and clarified carveouts for third‑party updates; members adopted that amendment after discussion that it aligns with the AI Task Force definitions and seeks to avoid unintended overbreadth. TANG 192 (Representative Couture) would have restricted the bargaining trigger to technology that materially influences employment outcomes and excluded administrative/analytical/advisory uses where human supervisors retain final authority; members debated risks of casting too broad a net and concerns about preserving bargaining rights, and the amendment failed. TANG 195 (also from Representative Couture) required bargaining only where the adoption or modification demonstrates measurable impacts on evaluations or compensation; that amendment also failed.
Supporters of the bill, including Representative D’Oleo, said the adopted language follows expert guidance and clarifies third‑party update treatment. Opponents urged caution about definitions that could inadvertently regulate low‑risk AI uses, and several members said they want continued work on use‑case distinctions. Representative D’Oleo and other proponents emphasized the bill’s aim to protect employee wages, evaluations and bargaining rights—while allowing beneficial AI applications that do not materially change employment outcomes.
After incorporating the adopted amendment(s), Vice Chair Macri moved and the roll call produced 19 ayes, 11 nays, and 1 excused, and second substitute House Bill 16 22 was reported out of committee with a due‑pass recommendation.
What changed: the committee adopted a definition update that narrows the statute’s reach as written in TANG 178, but it chose not to adopt further narrowing amendments that would have raised the evidentiary or use‑case bar for bargaining. Members asked for follow‑up work as the bill proceeds through the process.
Next steps: HB 16 22 is reported out of Appropriations with a due‑pass recommendation; sponsors and opponents signaled additional technical and definitional work will continue in later stages.
