As the use of artificial intelligence grows, state lawmakers are weighing legislative approaches that allow for technological innovation while protecting consumers from potential misuse and unintended consequences.
The number of AI bills introduced jumped to more than 300 in 2024 from about 125 in 2023, even as the definition of automated decision-making systems continues to evolve.
The term “artificial intelligence” is not new and has developed over half a century. Researchers collectively began to explore the idea in the 1950s, with early versions of AI completing complex tasks like playing chess and solving mathematical problems.
Many consumers are familiar with AI through their smartphone’s digital assistant, which can answer questions, set reminders and play music, or through tools such as ChatGPT, Google’s Bard and Microsoft’s Copilot. But the systems are also being used in health care to read mammograms, in banking for fraud detection, in e-commerce to perform data analysis and in advertising to identify future customers.
Fifteen states have defined AI through enacted legislation. NCSL is monitoring these and related state efforts through its AI legislation database. In this year’s legislative sessions, at least 40 states, Puerto Rico, the Virgin Islands and Washington, D.C., introduced AI bills, and 20 states, Puerto Rico and the Virgin Islands adopted resolutions or enacted legislation on a variety of AI topics. States adopted differing approaches:
- Colorado required developers and deployers of high-risk AI systems to use reasonable care to avoid algorithmic discrimination, and it mandates disclosures to consumers.
- Florida provided grants to school districts to implement AI in support of students and teachers.
- Indiana created an AI task force.
- Maryland required the creation of policies and procedures for the use of AI systems by units of state government.
- South Dakota made possession of child pornography a Class 4 felony if the person knowingly possesses a visual depiction of a minor engaging in a prohibited sexual act, or in a simulation of a prohibited sexual act, or any computer-generated child pornography.
- Tennessee required the governing boards of public institutions of higher education, local education boards and public charter schools to adopt rules and policies for the use of AI by students, teachers, faculty and staff for instructional purposes.
- Utah created the Artificial Intelligence Policy Act, requiring businesses to notify consumers when certain AI technologies are used and creating a new AI policy office.
- The Virgin Islands established a real-time, centralized crime data system.
- Washington provided funding for the city of Seattle to lease space for nonprofit and academic institutions to incubate technology business startups, especially those focusing on AI, and to develop and teach curricula to teach workers to use AI as a business resource.
- West Virginia created a select committee on AI.
AI at the Summit
This year’s NCSL Legislative Summit features a track of sessions devoted to AI, ranging from its use in elections and state government to understanding its opportunities and challenges. The AI track begins with the opening general session speaker, Jennifer Pahlka, who will discuss how states can harness technology and attract tech talent to reimagine the way government benefits its citizens.
Two AI sessions will be livestreamed. “AI 101: Understanding the Opportunities and Challenges” will provide an overview for attendees on Monday, Aug. 5, at 11:15 a.m. (ET). And “Building an AI-Ready Workforce” will cover state efforts to create AI-ready career pathways on Monday, Aug. 5, at 1:30 p.m. (ET).
Additional sessions for attendees on-site in Louisville include (all times Eastern):
- “AI Abuses (and Uses) in Elections,” Monday, Aug. 5, at noon.
- “Harnessing AI for Better Health and Human Services,” Monday, Aug. 5, at noon.
- “Ethical AI Use in the Public Sector,” Monday, Aug. 5, at 1:30 p.m.
- “Managing and Regulating AI Use by the Legislature,” Monday, Aug. 5, at 2:45 p.m.
- “AI to Power State Government,” Wednesday, Aug. 7, at 1:30 p.m.
Chelsea Canada is a program principal in NCSL’s Financial Services, Technology and Communications Program.