Artificial Intelligence Legislation

Source – National Conference of State Legislatures – January 2024

Artificial intelligence, the development of computer systems to perform tasks that normally require human intelligence, such as learning and decision-making, has the potential to spur innovation and transform industry and government. As the science and technology of AI continues to develop, more products and services are coming onto the market. For example, companies are developing AI to help consumers run their homes and allow the elderly to stay in their homes longer. AI is used in health care technologies, self-driving cars, digital assistants and many other areas of daily life.

Concerns about potential misuse or unintended consequences of AI, however, have prompted efforts to examine and develop standards. The U.S. National Institute of Standards and Technology, for example, is holding workshops and discussions with the public and private sectors to develop federal standards for the creation of reliable, robust and trustworthy AI systems.

In the 2023 legislative session, at least 25 states, Puerto Rico and the District of Columbia introduced artificial intelligence bills, and 18 states and Puerto Rico adopted resolutions or enacted legislation. Examples of the enacted legislation and adopted resolutions include:

  • Connecticut required the state Department of Administrative Services to conduct an inventory of all systems that employ artificial intelligence and are in use by any state agency and, beginning Feb. 1, 2024, perform ongoing assessments of systems that employ AI and are in use by state agencies to ensure that no such system shall result in unlawful discrimination or disparate impact. Further, the legislation requires the Office of Policy and Management to establish policies and procedures concerning the development, procurement, implementation, utilization and ongoing assessment of systems that employ AI and are in use by state agencies.
  • Louisiana adopted a resolution requesting the Joint Committee on Technology and Cybersecurity to study the impact of artificial intelligence in operations, procurement and policy.
  • Maryland established the Industry 4.0 Technology Grant Program to assist certain small and medium-sized manufacturing enterprises with implementing new “industry 4.0” technology or related infrastructure. The definition of industry 4.0 includes AI.
  • North Dakota enacted legislation defining a person as an individual, organization, government, political subdivision, or government agency or instrumentality, and specifying that the term does not include environmental elements, artificial intelligence, an animal or an inanimate object.
  • Texas created an AI advisory council to study and monitor artificial intelligence systems developed, employed or procured by state agencies, with North Dakota, Puerto Rico and West Virginia also creating similar councils.

State lawmakers also are considering AI’s benefits and challenges—a growing number of measures are being introduced to study the impact of AI or algorithms and the potential roles for policymakers.

This webpage covers key legislation related to AI issues generally. Legislation related solely to specific AI technologies, such as facial recognition or autonomous cars, is being tracked separately.

State

Bill Number

Bill Title

Bill Status

Bill Summary

Category

Alabama

None

Alaska

None

Arizona

H 2482

Appropriations and Crime Victim Notification Fund

Enacted

Provides that the Law Enforcement Crime Victim Notification Fund is established consisting of legislative appropriations, enables the county or city, or both, or tribal law enforcement agency or university police department-based deployment of an automated crime victim notification system to a user base consisting of law enforcement agencies, appropriates funds.

Government Use

Arizona

S 1565

Ballot Processing and Electronic Adjudication and Limit

Vetoed

Relates to ballot processing, relates to electronic adjudication, relates to limitation.

Elections

Arkansas

H 1768

Railroad Train Defectors Standard Requirements

Failed – Adjourned

Creates standard requirements concerning railroad train defect detectors.

Private Sector Use

California

A 302

Department of Technology: Automated Decision Systems

Enacted

Requires the Department of Technology, in coordination with other interagency bodies, to conduct, on or before specified date, a comprehensive inventory of all high-risk automated decision systems, as defined, that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, state agencies.

Government Use

California

A 331

Automated Decision Tools

Pending

Relates to the State Fair Employment and Housing Act. Requires a deployer and a developer of an automated decision tool to perform an impact assessment for any such tool the deployer uses that includes a statement of the purpose of the tool and its intended benefits, uses, and deployment contexts. Requires a public attorney to, before commencing an action for injunctive relief, provide written notice to a deployer or developer of the alleged violations and provide a specified opportunity to cure violations.

Impact Assessment; Notification; Private Sector Use; Responsible Use

California

A 459

Contracts Against Public Policy: Personal

Pending

Provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and deemed unconscionable if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual or to train a generative artificial intelligence system.

Private Sector Use

California

A 1282

Mental Health: Impacts of Social Media

Pending

Requires the Mental Health Services Oversight and Accountability Commission to explore, among other things, the persons and populations that use social media and the negative mental health risks associated with social media and artificial intelligence. Requires the commission to report to specified policy committees of the Legislature a statewide strategy to understand, communicate, and mitigate mental health risks associated with the use of social media by children and youth.

Responsible Use

California

A 1502

Health Care Coverage: Discrimination

Pending

Prohibits a health care service plan or health insurer from discriminating on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decision-making.

Health Use; Private Sector Use

California

ACR 96

23 Asilomar AI Principles

Pending

Expresses the support of the Legislature for the 23 Asilomar AI Principles as guiding values for the development of artificial intelligence and of related public policy.

Government Use; Private Sector Use; Responsible Use

California

AJR 6

Artificial Intelligence

Pending

Urges the U.S. government to impose an immediate moratorium on the training of AI systems more powerful than GPT-4 for at least six months to allow time to develop much-needed AI governance systems.

California

S 294

Artificial Intelligence: Regulation

Pending

Expresses the intent of the Legislature to enact legislation related to artificial intelligence that would relate to, among other things, establishing standards and requirements for the safe development, secure deployment, and responsible scaling of frontier artificial intelligence models in the state market by, among other things, establishing a framework of disclosure requirements for AI models.

Effect on Labor/Employment; Responsible Use

California

S 313

Department of Technology: Artificial Intelligence

Pending

Requires any state agency that utilizes generative artificial intelligence to directly communicate with a natural person to provide notice to that person that the interaction with the state agency is being communicated through artificial intelligence. Requires the state agency to provide instructions to inform the natural person how they can directly communicate with a natural person from the state agency.

Government Use; Oversight/Governance

California

S 398

Department of Technology: Advanced Technology: Research

Pending

Provides for the Artificial Intelligence for California Research Act, which would require the Department of Technology, upon appropriation by the Legislature, to develop and implement a comprehensive research plan to study the feasibility of using advanced technology to improve state and local government services. Requires the research plan to include, among other things, an analysis of the potential benefits and risks of using artificial intelligence technology in government services.

Government Use

California

S 721

California Interagency AI Working Group

Pending

Creates the California Interagency AI Working Group to deliver a report to the Legislature regarding artificial intelligence. Requires the working group members to be Californians with expertise in at least two of certain areas, including computer science, artificial intelligence, and data privacy. Requires the report to include a recommendation of a definition of artificial intelligence as it pertains to its use in technology for use in legislation.

Studies

California

SCR 17

Artificial Intelligence

Adopted

Affirms the state legislature’s commitment to President Biden’s vision for safe artificial intelligence and the principles outlined in the Blueprint for an AI Bill of Rights. Expresses the Legislature’s commitment to examining and implementing those principles in its legislation and policies related to the use and deployment of automated systems.

Responsible Use

Colorado

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